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12-05-2011 Regular MeetingRegular Meeting December 5, 2011 Pittsylvania County Board of Supervisors Monday, December 5, 2011 Regular Meeting VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Supervisors was held on Monday, December 5, 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 7:02p.m. The following members were present: Tim Barber, Chairman Tunstall District James Snead, Vice-Chair 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, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Sleeper led the Pledge of Allegiance. Approval of Agenda Motion was made by Mr. Snead, seconded by Mr. Davis, to approve the agenda, with the following additions: (a) Resolution Supporting Amendments to the City of Danville’s portion of the joint City-County Enterprise Zone (b) Animal Friendly Plates – Revenue Fund Appropriation (c) Speed Limit – Cane Creek Parkway (d) Temporary Cell Tower – Verizon (e) Layover – Bonus Appropriation (f) Sole Source Purchase – Surveillance System-Sheriff’s Office (g) Metropolitan Planning Organization (MPO) Mr. Snead’s motion was unanimously approved by the Board. Hearing of the Citizens Ms. Deborah Dix of the Chatham-Blairs District made comments concerning the upcoming meeting on uranium mining and encouraged the Board of Supervisors to attend the meeting. Mr. James Dehart of the Westover District thanked Mr. John Crane of the Danville Register & Bee and Mr. Tim Davis of the Chatham Star Tribune newspapers for their unbiased coverage during the local campaigns, made clarifications comments that he was not trying to stop prayer at meetings and comments suggesting there was harassment of citizens in the County during the campaign; asked why there is not an Ethics Committee of the Board of Supervisors and asked that all committee meetings of the Board of Supervisors be advertised. Mr. Willie Fitzgerald of the Callands-Gretna District and President of the Local Chapter of the National Association for the Advancement of Colored People (NAACP) thanked the Board of Supervisors for all their hard work for the citizens of Pittsylvania County. Regular Meeting December 5, 2011 Reverend Joan Tarpley-Robinson of the Banister District also thanked the Board of Supervisors for all their hard work and labor for the citizens of Pittsylvania County. This concluded the Hearing of the Citizens. Consent Agenda 6(a) Minutes: November 7, 2011 November 15, 2011 6(b) Resolution - Robert Carson Harris –Commonwealth of Virginia Jaycee Young Farmer of the Year Award 2011 6(c) Resolution – John P. Light 6(d) Department of Motor Vehicle (DMV) Animal Friendly License Plate Program – Request by DMV for approval to accept funding totaling $900 to be set aside by the County for sterilization programs within Pittsylvania County 6(e) Operation Leads On-Line Grant – Appropriation of $1,200 in grant funds received by the Sheriff’s Office from Target Department Store to be used in obtaining leads online. 6(f) American Fidelity Assurance Company – Appropriation of American Fidelity Assurance Company Refunds totaling $762.00 to employees 6(g) Regional One – January 2012 payment Motion was made by Mr. Ingram, seconded by Mr. Harville, to approve the Consent Agenda , adding that Item 6(d) be pulled and placed on the December 14, 2011 agenda, which was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2011-12-04 VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors held on Monday, December 5, 2011, in the General District Courtroom of the Edwin R. Shields Courthouse Addition, the following resolution was presented and adopted: WHEREAS, Since 1954, the Virginia Jaycees started to recognize farmers in the Outstanding Young Virginians program. The program recognizes young farmers for achievements in agri-business as well as contributions made through the involvement in community. This award reminds citizens throughout Virginia of all the hard work of these individuals and the impact they have had in our state’s history and economic success through the years; and WHEREAS, Robert Carson Harris has been recognized as this year’s Virginia Jaycees 2011 Outstanding Young Farmer. Mr. Carson lives in Chatham, Virginia with his wife Kristal and their (3) children, Mackenzie, Matthew and Maggie; and WHEREAS, Robert Carson Harris graduated from Chatham High School with honors and was in the Gifted Program, then went on to attend Virginia Tech. In 1997 he was an American Who’s Who and a recipient of the Chatham Ruritan Scholarship; and WHEREAS, Robert has been a farmer in Pittsylvania County for 5 years and owns the 100 acres of the land he farms. He began farming in 1991, at the age of thirteen. Farming is his passion, and his goal is to learn everything about farming to grow his operation large enough to sustain his family and to be able pass it on to his children; and Regular Meeting December 5, 2011 WHEREAS, Robert serves as a Deacon and Adult Sunday School Teacher at Marion Baptist Church; and WHEREAS, He has served on various committees of the Pittsylvania County Farm Bureau, holding positions on the Extension Leadership Council, Chairman of the Young Farmer County Committee, and Tobacco Committee. In 2010 he served on the Ad Hoc Committee for the Farm Link Program of the Virginia Department of Agriculture and Consumer Services; and WHEREAS, Robert Carson Harris currently holds the position of Voting State Board Member of the Virginia Farm Bureau and serves as the Chairman of the Young Farmers Committee; then BE IT HEREBY RESOLVED, on the behalf of the citizens of Pittsylvania County, the Board of Supervisors of Pittsylvania County would like to express their sincere appreciation, admiration and congratulations to Mr. Robert Carson Harris for his distinguished service and remarkable year as the Virginia Jaycees 2011 Outstanding Young Farmer and wish him the best in his future endeavors; and BE IT FURTHER RESOLOVED that a copy of this resolution be presented to Robert Carson Harris. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2011-12-02 VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors held on December 5, 2011, in the General District Courtroom of the Edwin R. Shields Courthouse Addition, the following resolution was presented and adopted: WHEREAS, John P. Light was selected as contract legal counsel for the Pittsylvania County Board of Supervisors in January 1992; and WHEREAS, John P. Light has provided legal advice, support and counseling to the Pittsylvania County Board of Supervisors for over 19 years, giving unselfishly of himself to provide faithful service, wise counsel and expertise to the Pittsylvania County Board of Supervisors; and WHEREAS, John P. Light served the Board of Supervisor with patience and perseverance throughout his tenure; and WHEREAS, John P. Light served the citizens of Pittsylvania County, providing necessary legal advice with enthusiasm and dedication, resulting in a meaningful relationship between a number of Boards of Supervisors and its legal counsel; now THEREFORE, BE IT HEREBY RESOLVED, that the Board of Supervisors of Pittsylvania County expresses its appreciation and commend John P. Light for his outstanding contributions and services to the people of Pittsylvania County and to the Pittsylvania County Board of Supervisors and further express their sincere appreciation for the outstanding service and exemplary leadership provided by John P. Light during his term as County Attorney for the past 19 years in Pittsylvania County; and Regular Meeting December 5, 2011 BE IT FURTHER RESOLVED, that a copy of this resolution be presented to John P. Light on the behalf of the Pittsylvania County Board of Supervisors. Public Hearing Rescind Section 12-1 of the Pittsylvania County Code, restricting the sale of beer and wine on Sundays within the confines of Pittsylvania County, excluding the incorporated Towns and the Callands-Gretna District. Mr. Barber opened the public hearing at 7:16pm. Mr. Paul Lewis, President of the Concerned Citizens of Pittsylvania County, commented that he hoped the Board would approve this tonight so business owners could begin immediately serving on Sundays. No one else signed up to speak and Mr. Barber closed the public hearing at 7:17pm. Mr. Barber then declared he had a Conflict of Interest in this hearing as he and his wife operates a convenience store and stated he would be abstaining from voting on advice of the County Attorney. Motion was then made by Mr. Ingram, seconded by Mr. Ecker, to rescind Section 12- 1 of the Pittsylvania County Code, restricting the sale of beer and wine on Sundays within the confines of Pittsylvania County, excluding the incorporated Towns and the Callands-Gretna District. 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-Abstained. Mr. Ingram’s motion was unanimously approved by a vote of 6, with Mr. Barber abstaining. Unfinished Business At the November 15, 2011, a motion was made by Mr. Harville, seconded by Mr. Ingram, to approve the reappropriation of funds as follows: $73.80 to Sheriff-Travel (100-4- 031200-5500), $898.02 to Sheriff-Parts (100-4-031200-6030), $1,307.00 to Sheriff-Labor (100- 4-031200-6031), $392.75 to Extradition (100-4-033100-5550), $15.00 to Animal Control-Office Supplies (100-4-035100-6001), $260.00 to Library-Postage (100-4-073100-5210), $12,792.51 to WIA-Rent (251-4-353160-5420), $304.00 to WIA-Other Operating Supplies (251-4-353900- 3600). The motion had now met the 10-day layover requirement. The following Roll Call Vote was recorded: Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Davis-Yes, and Mr. Barber-Yes. Mr. Harville’s motion was unanimously approved by the Board. New Business The following motions came from the Legislative Committee of the Board of Supervisors, which met prior to the Board of Supervisors meeting: (a) Motion was made by the Legislative Committee to accept the proposed Courtroom Security Policy and add an additional item (Item 6), “for County Administrator to announce to everyone to removed all recording items from the courtroom as they exit for Closed Session and for the Bailiff to check for recording devices in the room during Closed Session”, which was unanimously approved by the Board. (b) Motion was made by the Legislative Committee to support the West Piedmont Planning District Commission’s Legislative Packet, which was unanimously approved by the Board. (c) 1-Motion was made by the Legislative Committee support the Tri-County Lake Administrative Commission’s (TLAC) proposed Legislative Packet with the exception of Item 4- Support a one-year delay in making a decision regarding lifting the Commonwealth’s Ban (since 1982) on uranium mining, which was unanimously approved by the Board. 2- Motion was made by Mr. Davis, seconded by Mr. Ecker, to approve supporting TLAC’s proposal to support a one- year delay in making a decision regarding lifting the Commonwealth’s Ban (since 1982) on uranium mining, which failed by a 2-5 vote of the Board, with Mr. Snead, Mr. Pritchett, Mr. Ingram, Mr. Harville and Mr. Barber opposing the motion. Regular Meeting December 5, 2011 Motion was made by Mr. Harville, seconded by Mr. Ingram, to approve awarding a contract for Courthouse repairs to Quality Construction as the apparent low bidder in the amount of $6,900, which was unanimously approved by the Board. Motion was then made by Mr. Ecker, seconded by Mr. Harville, to appropriate $10,400 needed to cover both the awarded contract fee of $6,900 and a $3,500 cost of architectural fees and emergency repairs made to date. This motion required a 10-Day Layover. Motion was by Mr. Ingram, seconded by Mr. Pritchett, to approve an Open Space Agreement with Banister Bend Farm LLC and authorize the County Administrator to sign on the behalf of the Board of Supervisors for an Open Space Agreement with Banister Bend Farm LLC in the Banister District of Pittsylvania County, Virginia, which was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Harville, to approve Resolution 2011- 12-01, supporting the Olde Dominion Agricultural Foundation’s (ODAF) grant application to the Danville Regional Foundation, which was unanimously approved by the Board. RESOLUTION SUPPORTING SUBMISSION OF A GRANT PROPOSAL TO THE DANVILLE REGIONAL FOUNDATION FOR OLDE DOMINION AGRICULTURAL FOUNDATION 2011-12-01 WHEREAS, Pittsylvania County fully realizes the positive impacts of our farming community and the economic growth it creates; and WHEREAS, the Danville Regional Foundation has developed a mission to serve as a catalyst for innovation and as an agent for transformation to develop and sustain a healthy and thriving region; and WHEREAS, grant support from the Danville Regional Foundation will assist the Olde Dominion Agriculture Foundation to transform the economy of Pittsylvania County; then BE IT HEREBY RESOLVED, that the Board of Supervisors of Pittsylvania County supports the submission of this grant by the Olde Dominion Agricultural Foundation for the continued build-out of the arena segment of the Olde Dominion Agricultural Complex. Given under my hand this 5th day of December 2011. Motion was made by Mr. Harville, seconded by Mr. Ingram, to approve the reappropriation of funds as follows: $95.72 to Board of Supervisors-Telephone (100-4-011010- 5230), $60.00 to Sheriff-Parts (100-4-031200-6030), $245.00 to Sheriff-Police Supplies (100-4- 031200-6010), $1,516.39 to Extradition (100-4-033100-5550), $5,750.00 to Jail-Police Supplies (100-4-033100-6010), $1,186.20 to Ag Development-Travel (100-4-082500-5500), $17,920.14 to WIA-Rent (251-4-353160-5420). This motion required a 10-Day Layover. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve an appropriation of $1,409,249.89 to the Pittsylvania County Schools (Fund 205) to cover Comprehensive Services Act (CSA) expenditures upfronted by the Schools. This motion required a 10-Day Layover. Mr. Harville told Mr. Sleeper to make sure all these costs were justified. Regular Meeting December 5, 2011 Motion was made by Mr. Ingram, seconded by Mr. Davis, to deny the continuation of the Tobacco Indemnification and Community Revitalization Commission (TICRC) Grant for Workforce Investment Act (WIA) in the amount of $82,351.14 for FY 2012 budget. A substitute motion was made by Mr. Ecker, seconded by Mr. Snead, to approve the continuation of the Tobacco Indemnification and Community Revitalization Commission (TICRC) Grant for Workforce Investment Act (WIA) in the amount of $82,351.14 for FY 2012 budget, to be added into line item #251-4-353664-5851. Mr. Snead’s substitute motion passed by a 5-2 of the Board with Mr. Ingram and Mr. Davis in opposition. Motion was made by Mr. Snead, seconded by Mr. Pritchett, to amend the current Gate Fee Resolution to include a petty cash fund in the amount of $600 and approve Resolution 2011- 12-05, which reflects these amendments. Mr. Snead’s motion was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2011-12-05 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 Monday, December 5, 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 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 WHERAS, 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, Resolution 2011-09-02 was presented and adopted establishing by the Pittsylvania County Board of Supervisors 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; moreover, under Resolution 2011-09-02, 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. Regular Meeting December 5, 2011 WHEREAS, Resolution 2011-12-05 maintains the previously established 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; however, said resolution recognizes, due to the increase in potential game sites operating at the same time from two (2) venues and collection sites to four (4) venues and collection sites for the basketball season; then BE IT 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 SIX HUNDRED DOLLARS ($600.00) to be utilized at the various activities throughout the County during the annual operation of Parks and Recreation sponsored or affiliated basketball 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 or basketball season petty cash fund amount. Given under my hand this 5th day of December, 2011. Chairman Barber directed the County Administrator to hold Item 17, Proposed E911 Radio System Upgrades Contract, for a Closed Session discussion with Legal Counsel during the Work Session meeting on December 14, 2011. Motion was made by Mr. Snead, seconded by Mr. Davis, to authorize the County Administrator and Legal Counsel to work with Davenport & Company of Richmond, Virginia on issuing Requests For Proposals (RFP) for funding the E911 radio system upgrades, which was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Mr. Davis, to approve the request from the Smith Mountain Lake Regional Chamber of Commerce for permission to use the County logo on a joint license plate related to the Smith Mountain Lake area in accordance with Virginia Code 46.2-749.4, which was unanimously approved by the Board. Appointments Motion was made by Mr. Ecker, seconded by Mr. Snead, to approve appointing the following nominees to serve on the designated seats of the Pittsylvania County Agricultural Development Board: Rocky Gregory – Forestry; Danny Adams – Cattle; Mira Keatts – Poultry; Chris Haskins – Tobacco; and C.B. Strange – At-Large. Mr. Ecker’s motion was unanimously approved by the Board. Added Items Motion was made by Mr. Snead, seconded by Mr. Davis, to approve Resolution 2011-12- 03, Joint Enterprise Zone Amendment – City of Danville Portion of Enterprise Zone #57, which was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS JOINT ENTERPRISE ZONE AMENDMENT – CITY OF DANVILLE PORTION OF ENTERPRISE ZONE #57 RESOLUTION 2011-12-03 Regular Meeting December 5, 2011 VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors held on Monday, December 5, 2011, in the General District Courtroom of the Edwin R. Shields Courthouse Addition, in Chatham Virginia, the following resolution was presented and adopted: WHEREAS, the City of Danville and Pittsylvania County jointly created an Enterprise Zone in 2001 (Enterprise Zone #57), through the Virginia Department of Housing and Community Development, which offers both state and local economic development incentives; and WHEREAS, each locality participating in a joint Enterprise Zone may amend the local economic development incentives offered to industries located within its portion of the Enterprise Zone; and WHEREAS, the city of Danville has determined that it is advantageous to amend its local Enterprise Zone incentives to ensure utilization by businesses and effectiveness in attracting and expanding targeted business sectors within the City’s portion of the zone; then BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors acknowledges the City of Danville’s right to amend its portion of the joint Enterprise Zone and supports the City’s amendment application to the Virginia Department of Housing and Community Development; and BE IT FURTHER RESOLVED, that the Pittsylvania County Board of Supervisors authorizes the County Administrator to sign the Joint Application Amendment Agreement, which is a requirement of the City of Danville’s Enterprise Zone Amendment Application. Given under my hand this 5th day of December, 2011. Motion was made by Mr. Harville, seconded by Mr. Davis, to appropriate $209.56 from Unappropriated Surplus to the Veterinary Expend Fund (Fund 245-4-035200-5849O, which was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Davis, to request the Virginia Department of Transportation (VDOT) set a speed limit of 35 miles per hour on Cane Creek Parkway from Barker Road to a dead end in the Ringgold East Industrial Park, which was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Mr. Harville, to approve the temporary location of an emergency tower for Verizon Wireless in the County’s parking area in order to provide improved services to Pittsylvania County, which was unanimously approved by the Board. Motion has been made by Mr. Snead, seconded by Mr. Pritchett at the November 15, 2011 meeting of the Board of Supervisors to appropriate $153,939.50 from the Sale of Surplus Properties and Real Estate to the 2011/2012 annual budget to cover a one-time employee bonus. This motion required a 10-Day Layover that had now been met. The following Roll Call Vote was recorded: Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Davis-Yes and Mr. Barber-Yes. Mr. Snead’s motion was unanimously approved by the Board. Regular Meeting December 5, 2011 Motion was made by Mr. Harville, seconded by Mr. Snead, to award a contract to Law Enforcement Associates (LEA), at a total cost of $18,040.00, as a sole source for the Live Link Lite Mobile Video Surveillance equipment, which was unanimously approved by the Board. At the November 15, 2011 meeting, a motion was made by Mr. Harville, seconded by Mr. Davis, to appropriate $20,000 to the Board of Supervisors Metropolitan Planning Organization Transportation line (#100-4-011010-5659). This motion required a 10-Day Layover that had now been met. The following Roll Call Vote was recorded: Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Davis-Yes and Mr. Barber-Yes. Mr. Harville’s motion was unanimously approved by the Board. Board Announcements Mr. Ecker reminded everyone that Pearl Harbor Day was coming up and to keep that in mind. Mr. Ingram stated that the court cases involving Barbara Hudson and Others have cost the taxpayers of Pittsylvania County approximately $51,203.65 and total costs incurred between the Regional Industrial Facility Authority is $82,524.16. Mr. Barber reminded everyone that the County’s court case concerning Board meeting prayers would be heard the upcoming Friday. Reports from County Administrator Motion was made by Mr. Ecker, seconded by Mr. Snead, to appoint the County Administrator as the contact person to distribute information as needed to the affect county resources as needed to the Virginia Department of Agriculture and Consumer Services in regards to the Gypsy Moth Program, which was unanimously approved by the Board. Mr. Harville asked Mr. Sleeper to provide the Board with a report on the effectiveness of this program in the County. Mr. Sleeper stated the County had received final ownership requirements of Camp 15, which included 14 different permits for the sewage facility, and the sewage facility would have to be closed because the County does not have the required water treatment operator. Mr. Sleeper reminded everyone of the Board of Supervisors Work Session to be held in Conference Room 2 of the Captain Martin Building at 5:00pm on Wednesday, December 14, 2011. Adjournment Motion was made by Mr. Harville, seconded by Mr. Snead, to adjourn the meeting, which was unanimously approved by the Board. The meeting adjourned at 8:02pm.