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11-15-2011 Adjourned MeetingAdjourned Meeting November 15, 2011 Pittsylvania County Board of Supervisors Tuesday, November 15, 2011 Adjourned Meeting VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, November 15, 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 7:05p.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, Mr. Odie H. Shelton, Jr., Director of Code Compliance, Mr. Ken Bowman, Director of Economic Development, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Ecker led the Pledge of Allegiance. Approval of Agenda Motion was made by Mr. Ecker, seconded by Mr. Harville, to approve the agenda with the following additions/deletions: Additions: (a) Stipend – One Time Bonuses-County Employees (b) Set Public Hearing to Rescind Section 12-1 of the Pittsylvania County Code on Beer/Wine Sales on Sunday (c) Closed Session: Consultation with Legal Counsel & 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 regarding specific legal matters requiring provision of legal advice by such Counsel. Authority: §2.2-3711(A)(7) of the Code of Virginia, 1950, as amended Subject Matter: Rules of Professional Conduct Purpose: Discussion with Legal Counsel on Rules of Professional Conduct (d) 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: Unannounced Industry i2011-11-02 Purpose: Performance Agreement Deletions: Item 14-Resolution Supporting Amendments to the City of Danville’s portion of the Joint City-County Enterprise Zone Adjourned Meeting November 15, 2011 Mr. Ecker’s motion to approve the agenda with the aforementioned additions/deletions was unanimously approved by the Board. Hearing of the Citizens Mr. R. Frank Fox, of the Chatham-Blairs District, made comments in favor of approving a one- time stipend to the Pittsylvania County employees. This concluded the Hearing of the Citizens. Consent Agenda (a) Regional One - December (b) Department of Motor Vehicles (DMV) Occupant Protection Grant (c) Governor’s Opportunity Fund – Performance Agreement – Axxor NA, LLC Motion was made by Mr. Harville, seconded by Mr. Ingram, to approve the Consent Agenda, which was unanimously approved by the Board. Public Hearings Rezoning Cases Case 1: Withdrawn R-11-039 Case 2: Lester A. Strode-Westover District: R-11-040 Mr. Barber opened the public hearing at 7:08pm. Mr. Shelton explained that Lester A. Strode has petitioned to rezone 14.84 acres, located on State Road 719/Lawless Creek Road in the Westover Election District from R-1, Residential Suburban Subdivision District to B-2, Business District, General (for storage of commercial vehicles relative to his paving company). The Planning Commission, with opposition, had recommended denying the petitioner’s request. Mr. Lester was not present to represent the petition and Mr. Shelton stated that someone had removed the public hearing notice sign from the property being petitioned for rezoning. Ms. Lee Ann Barker made comments opposing rezoning the property as the area continues to be a residential area and the roads are unsafe for dump trucks and paving equipment due to numerous school buses traveling the road and children at play along the road. Ms. Barber also submitted letters of opposition to the rezoning from area residents and a petition with signatures of the residents living on Lawless Creek Road that were in opposition of rezoning this property. No one else signed up to speak and Mr. Barber closed the public hearing at 7:14pm. Motion was made by Mr. Harville, seconded by Mr. Pritchett, to deny the re-zoning request in Case R-11-040. 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. Harville’s motion to deny rezoning Case R-11-040 was unanimously approved by the Board. Case 3: Charles F. Edwards & Nancy M. Edwards- Chatham-Blairs District; R-11-041 Mr. Barber opened the public hearing at 7:15pm. Mr. Shelton explained that Charles and Nancy Edwards had petitioned to rezone a total of 2.96 acres, two parcels, located on U.S. Highway 41/Franklin Turnpike in the Chatham-Blairs Election District from R-1, Residential Suburban Subdivision District to B-1, Business District, Limited (for future commercial development – Dollar General Store). The Planning Commission, with no opposition, recommended granting the petitioners’ request. Lee Pittman and Charles Edwards were to represent the petition. No one signed up to speak and Mr. Barber closed the hearing at 7:16pm. Motion was made by Mr. Davis, seconded by Mr. Snead, to approve rezoning Case R-11-041 from R-1 to B-1. 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. Davis’s motion to rezone Case R-11-041 was unanimously approved by the Board. Adjourned Meeting November 15, 2011 Case 4: Nannie Bett Berger- Banister District; R-11-042 Mr. Barber opened the public hearing at 7:18pm. Mr. Shelton explained that Nannie Bett Berger had petitioned to rezone 6.61 acres, located off State Road 691/Mill Creek Road, in the Banister Election District from R-1, Residential Suburban Subdivision Districtto A-1, Agricultural District (for future subdivision of the property for family members – Exempt from Subdivision Ordinance by Sec. 18.2 of the Pittsylvania County Subdivision Ordinance & Sec. 15.2-2244 A.,15.2-2244.1, State Code of Virginia). The Planning Commission, with no opposition, recommended granting the petitioner’s request. Mae Hinnant was to represent the petition. No one signed up to speak and Mr. Barber closed the public hearing at 7:20pm. Motion was made by Mr. Pritchett, seconded by Mr. Ingram, to approve rezoning Case R-11-042 from R-1 to A-1. The following Roll Call Vote was recorded: Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Davis-Yes; Mr. Snead-Yes; and Mr. Barber-Yes. Mr. Prtichett’s motion to rezone Case R-11-042 was unanimously approved by the Board. This concluded the Rezoning Cases. Public Hearings Proposed Amendment to Chapter 5; Cemeteries, of the Pittsylvania County Code – Proposed Cemetery for the New Chapel Church, Gretna, Virginia Mr. Barber opened the public hearing at 7:22pm. Mr. Sleeper explained as there appeared to be a question to the actual location of the proposed cemetery and the advertised public hearing held on the October 18, 2011 meeting of the Board of Supervisors, it was re-advertised for November 15, 2011 with the cemetery’s location at 2290 Weatherford Road, actually identifying the location, which makes it closer to an existing home at 2276 Weatherford Road. However, the home is over 300 linear feet from the proposed cemetery for the New Chapel Church of Gretna, Virginia, which meets the criteria of the Virginia State Code for the location of a public cemetery. The first person signed up to speak was the Rev. Jerry Jones, pastor of the New Chapel Church. Rev. Jones stated that the property in question for the cemetery would in fact belong to the Church and that the Church Trustees would be responsible to maintaining the property. The next person to speak was Ms. Virginia Newman, of Weatherford Road, who made comments opposing the cemetery being across the road from her property and stated concerns on the possibility of the church actually moving onto the property at a later date. Rev. Jones stated that the church would not be moving there and further stated that the lots in the cemetery would be used for members of the New Chapel Church. No one else signed up to speak and Mr. Barber closed the public hearing at 7:33pm. Motion was made by Mr. Ecker, seconded by Mr. Pritchett, to approve amending Chapter 5 of the Pittsylvania County Code, incorporating into said chapter 2290 Weatherford Road as the location for the New Chapel Church cemetery. 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. Ecker’s motion to amend Chapter 5 of the Pittsylvania County Code to include the cemetery located at 2290 Weatherford Road for New Chapel Church of Gretna, Virginia was unanimously approved by the Board. Proposed Amendment to Chapter 35, Zoning-Section 35-720 Condominium Conversion, of the Pittsylvania County Code Mr. Barber opened the public hearing at 7:35pm. Mr. Sleeper explained the Pittsylvania County Board of Supervisors had sent a proposal to the Pittsylvania County Planning Commission for an amendment to Chapter 35 of the Pittsylvania County Code for Section 35-720; Condominium Conversions. The Planning Commission took no action. Since the required amount of sixty (60) days or more had passed with no action of the Planning Commission, the Board of Supervisors could hold a public hearing and consider this amendment. The proposed amendment to Section 35-720 authorizes the section of the Zoning Ordinances that establishes the condominium conversion. By having this in Adjourned Meeting November 15, 2011 the Pittsylvania County Zoning Ordinance, the Board of Supervisors and the Pittsylvania County Planning Commission could require that Special Use Permit be obtained in order to establish a condominium conversion, therefore, they could control non-conforming uses. The State Code would allow a condominium conversion in any zone in Pittsylvania County by the current State Code if is a conforming use to that section. No one signed up to speak and Mr. Barber closed the hearing at 7:36pm. Motion was made by Mr. Ecker, seconded by Mr. Snead, to amend Section 35-720 of Pittsylvania County Zoning Ordinance to allow condominium conversions by Special Use Permits. 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. Ecker’s motion was unanimously approved by the Board. Proposed Amendment to Chapter 31; Section 31-2(a), of the Pittsylvania County Code-Proposal to add North Halifax Fire Department as a recognized emergency response unit for Pittsylvania County Mr. Barber opened the public hearing at 7:40pm. Mr. Sleeper explained that Pittsylvania County has been having difficulty off of US RT 40 in the Pittsylvania County area in adequate response time for emergency medical services. The Board of Supervisors was currently negotiating service with the North Halifax Fire Department for emergency medical service for Pittsylvania County by amending Section 31-2(a) of the Pittsylvania County Code. The public hearing before the Board was to receive citizen input on amendments to Pittsylvania County Code, Chapter 31; Section 31-2(a) Officially Recognized Volunteer Rescue Squads Operating within the County, to add North Halifax Fire Department as an authorized fire department servicing Pittsylvania County. It should also identify North Halifax Fire Department as an emergency medical responder in Pittsylvania County. No one signed up to speak and Mr. Barber closed the hearing at 7:41pm. Motion was made by Mr. Ecker, seconded by Mr. Harville, to approve amending Section 31-2(a) of Pittsylvania County Zoning Ordinance to add North Halifax Fire Department. 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. Ecker’s motion was unanimously approved by the Board. This concluded the public hearings. New Business Motion came from the Finance Committee to authorize the County Administrator and the County Attorney to negotiate a contract with Harris Corporation and SBA Inc. Tower Company regarding E911 Radio/Tower System Upgrades, which was unanimously approved by the Board of Supervisors. Motion was made by Mr. Harville, seconded by Mr. Davis, to appropriate $20,000 to the Board of Supervisor-Metropolitan Planning Organization (MPO) Transportation line item (100-4-011010- 5659)to have sufficient funds to cover the MPO Transportation Study for FY2012. This motion required a 10-Day Layover. Motion was made by Mr. Davis, seconded by Mr. Snead, to award a contract in the amount of $271,500 to Daniel & Company, Inc., pending approval from the Virginia Department of Transportation, as the lowest responsive bidder for Phase IV of the Chatham Southern Railway Depot Project, which was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Harville, to award a contract to Dewberry, Inc. for an amount totaling $99,000 for engineering services for design and construction of Adjourned Meeting November 15, 2011 development ready sites in the Ringgold East Industrial Park and authorize the County Administrator to sign all necessary documentation, which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Ingram, to approve Resolution 2011-11- 05, Resolution of Support for the Upper Banister River Total Maximum Daily Load (TMDL) Implementation Plan, which was unanimously approved by the Board. P ITTSYLVANIA COUNTY BOARDOF SUPERVISORS RESOLUTION OF SUPPORT FOR THE UPPER BANISTER RIVER TOTAL MAXIMUM DAILY LOAD (TMDL) IMPLEMENTATION PLAN 2011-11-05 VIRGINIA: At the adjourned meeting of the Pittsylvania County Board of Supervisors held on Tuesday, November 15, 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 Upper Banister River and Tributaries watershed is located within Pittsylvania County and segments of the Banister River, Bearskin Creek, Cherrystone Creek, Stinking River, and Whitehorn Creek were listed as impaired for bacteria on Virginia’s 1996, 2002, 2004, and/or 2006 303(d) Impaired Waters Lists; and WHEREAS, these streams do not meet the primary contact recreation standard which is designed to protect human health and reduce the risk of illness or infections when swimming or splashing in the water; and WHEREAS, the water quality of these streams and tributaries impact scores of citizens in terms of their livelihood, recreation and public safety; and WHEREAS, Best Management Practices can be implemented and encouraged through the use of state and federally assisted cost share programs and via the use of specific technical assistance to significantly reduce the bacterial counts in these tributaries to improve the health, safety and welfare of local residents; then BE IT HEREBY RESOLVED, that the Board of Supervisors of Pittsylvania County supports the goal of the Upper Banister River TMDL Implementation Plan to improve water quality and encourages the Virginia Department of Conservation and Recreation to proceed with their attempts to receive plan approval by the Virginia State Water Control Board and to facilitate and fund the necessary corrective actions to provide safe water for consumption or recreation by all county residents. Appointments Motion was made by Mr. Harville, seconded by Mr. Snead, to re-appoint Mr. Ronald “Ron” McMahon as the Westover District Representative to the Pittsylvania County Industrial Development Board for a four (4) year term that would run from December 1, 2011 through November 30, 2015, which was unanimously approved by the Board. Motion was made by Mr. Pritchett, seconded by Mr. Snead, to re-appoint Dr. Charles H. Miller as the Banister District Representative to the Pittsylvania County Planning Commission for a term Adjourned Meeting November 15, 2011 beginning December 1, 2011 through November 30, 2015, which was unanimously approved by the Board. Added Items Motion was made by Mr. Snead, seconded by Mr. Pritchett, to authorize the County Administrator to pay the $500 stipend to all fulltime employees and $250 stipend to all permanent part-time employees and non-permanent part-time employees identified for the November 30th payroll. A substitute motion was made by Mr. Harville, seconded by Mr. Ecker, to include the 16 compactor operators. The Board unanimously approved Mr. Harville’s substitute motion that would incorporate Mr. Snead’s original motion. Motion was made by Mr. Snead, seconded by Mr. Pritchett, to appropriate $156,899.92 from the Sale of Surplus Properties and Real Estate to the 2011/2012 annual budget. This motion required a 10-Day Layover. Motion was made by Mr. Ingram, seconded by Mr. Harville, to set a public hearing for December 5, 2011 to rescind 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 abstained from voting as his wife operates a convenience store in the County. Mr. Ingram’s motion passed by a 6 majority vote of the Board, with Mr. Barber abstaining. Closed Session Motion was made by Mr. Harville, seconded by Mr. Snead, to enter into Closed Session for the following items.: (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) of the Code of Virginia, 1950, as amended Subject Matter: Rules of Professional Conduct Purpose: Discussion with Legal Counsel on Rules of Professional Conduct (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: Unannounced Industry i2011-11-02 Purpose: Performance Agreement Mr. Harville’s motion was unanimously approved by the Board and they entered into Closed Session at 8:04pm. Motion was made by Mr. Harville, seconded by Mr. Ingram to reconvene and enter back into Open Session, which was unanimously approved by the Board. Adjourned Meeting November 15, 2011 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the Adjourned Meeting of the Pittsylvania County Board of Supervisors on November 15, 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 returned to Open Session at 8:46pm. Motion was made by Mr. Ingram, seconded by Mr. Harville, to approve a Performance Agreement between the County and Unannounced Industry i2011-11-02, which was unanimously approved by the Board. Board Announcements Mr. Snead reminded everyone of the ACLU, Jane Doe v. Pittsylvania County court hearing on December 9, 2011 and of the County’s Annual Christmas Party at 6:00pm on Saturday, December 10, 2011. Mr. Harville congratulated the Supervisors-Elect. Mr. Ecker announced there would be a Legislative Committee meeting at 5:00pm on December 5, 2011. Adjournment Motion was made by Mr. Ingram, seconded by Mr. Harville, to adjourn, which was unanimously approved by the Board. The meeting adjourned at 8:52pm.