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01-17-2012 BOS Adjourned MeetingAdjourned Meeting January 17, 2012 Pittsylvania County Board of Supervisors Tuesday, January 17, 2012 Adjourned Meeting VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, January l7, 2012 in the General District Courtroom of the Edwin R. Shields Addition in Chatham, Virginia. Tim R. Barber, Chairman, called the meeting to order at 7:03 p.m. The following members were present: Tim Barber Tunstall District James Snead Dan River District Jessie L. Barksdale Banister District Coy E. Harville Westover District Jerry A. Hagerman Callands-Gretna District Marshall Ecker Staunton River District Brenda H. Bowman Chatham-Blairs District Mr. William D. Sleeper, County Administrator, Mr. Greg L. Sides, Assistant County Administrator, Mr. J. Vaden Hunt, County Attorney, Mr. Odle L. Shelton, Jr. Director of Code Compliance, 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. Ecker, seconded by Mr. Snead, to approve the agenda with the following additions and deletions/removals: Additions: (a) Resolution 2012-01-01 -Devolution (b) Appointment to the Tri-County Lake Administrative Commission (TLAC) (c) Buffer Zone Protection Grant -Sheriff's Oftice Sole Source Purchase (d) Approval of December 201 1 Bill List Deletions: (1) Strike Closed Session from Agenda (2) Strike from Agenda -Item 14-Proposed Amendments to Pittsylvania County Code, Chapter 22; Removal from Consent Agenda: (1) Item 5(a) - Out of State Travel, from Consent Agenda to be voted on separately from other Consent Agenda items. Mr. Ecker's motion was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Harville, to approve Out of State Travel for Ken Bowman, Director of Economic Development. Ms. Bowman declared since this could be considered a conflict of interest as Mr. Bowman is her husband, she would be abstaining from voting. Mr. Snead's motion was carried by a 6 vote majority of the Board, with Ms. Bowman abstaining. Hearing of the Citizens Mr. James Dehart, of the Westover District, stated he did not approve of the Board Packet only being available online at the County's public libraries. This concluded the Hearing of the Citizens Adjourned Meeting January 17, 2012 Consent Agenda (b) Project Lifesaver-November 20(1 and December 201 1 donations that required an amendment to the Sheriff's Office Budget and appropriation of $272.04 to line item 100-4- 031200-5882. This item required a Roll Call Vote. (c) Regional One -February -Approval of $5,833.33 for February 2012 payment to Regional One. (d) Commonwealth Attorney State Restricted Seizure Funds -Amendment to the Commonwealth Attorney's Restricted Seizure Fund budget and appropriate $10,000 to line item 243-4-022200-6010. This item required a Roll Call Vote. (e) Department of Motor Vehicles (DMV) Occupant Protection Grant -Amendment and appropriation of an additional $400 to the DMV Occupant Protection Grant (250-4-031715). This item required a Roll Call Vote. {f) Central Virginia Highway Traffic Safety Board (CVTS) Grant -Amendment and appropriation of an additional $2,372.62 to the CVTS Grant (250-4-031714. This item required a Roll Call Vote. (g) December 2011 Bill List Motion was made by Mr. Ecker, seconded by Ms. Bowman, to approve the Consent Agenda with Item (a)-Out of State Travel removed for a separate vote and the addition of Item (g)-December 201 I Bill List, which was unanimously approved by the Board. Mr. Kenneth Martin, Residency Maintenance Manager for the Halifax Residency of the Virginia Department of Transportation (VDOT), which includes Pittsylvania County, stated he wanted to let the 2012 Board of Supervisors know that he was available to help them in any way he could and distributed his contact information to the Board. Public Hearings Rezoning Cases Case 1: Gertrude H. Fifer -Staunton River District; R-12-001 Mr. Barber opened the public hearing at 7:lOpm. Mr. Odie H. Shelton, Jr., Director of Code Compliance, explained that Gertrude Fifer had petitioned to rezone 3.42 acres, located on State Road 638/Harbor Drive, in the Staunton River Election District from R-l, Residential Suburban Subdivision District to A-l, Agricultural District (for placement of a second dwelling, a single-wide mobile home, ,for her daughter's residence). The Planning Commission, with no opposition, recommended granting the petitioner's request. Ms. Fifer and Ms. Cynthia Sigler were present to represent the petition. No one signed up to speak and Mr. Barber closed the public hearing at 7:l lpm. Motion was made by Mr. Ecker, seconded by Mr. Hagerman, to approve rezoning Case R-12-OOl from R-1 to A-l. The following Roll Call Vote was recorded: Ms. Bowman-Yes; Mr. Ecker-Yes; Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; and Mr. Barber-Yes. Mr. Ecker's motion was unanimously approved by the Board. Case 2: Hosea Stone, Jr. -Chatham-Blairs District; R-12-002 Mr. Barber opened the public hearing at 7:12pm. Mr. Shelton explained that Hosea Stone, Jr. had petitioned to rezone 0.46 acre, located on State Road 926/Macy Herndon Lane, in the Chatham-Blairs Election District from R-1, Residential Suburban Subdivision District to RC- 1, Residential Combined Subdivision District (to combine his three (3) parcels of land and re- subdivicle to create two (2) parcels). The Planning Commission, with no opposition, recommended granting the petitioner's request. Hosea Stone was present to represent the petition. No one signed up to speak and Mr. Barber closed the public hearing at 7:13pm. Motion was made by Ms. Bowman, seconded by Mr. Barksdale to approve rezoning Case 8-12- 002 from R-1 to RC-l. The following Roll Call Vote was recorded: Mr. Ecker-Yes; Mr. Adjourned Meeting January 17, 2012 Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; and Mr. Barber-Yes. Ms. Bowman's motion was unanimously approved by the Board. Case 3: Joan M. Hupp Scruggs -Westover District; R-12-003 Mr. Barber opened the public hearing at 7:I3pm. Mr. Shelton explained that Joan Scruggs has petitioned to rezone 2.06 acres, located on Coleman Estates Road in the Westover Election District from R-I, Residential Suburban Subdivision to RC-l, Residential Combined Subdivision District (for placement of a second dwelling, asingle-wide mobile home, to be used for her granddaughter's residence). The Planning Commission, with no opposition, recommended granting the petitioner's request. Ms. Stacy Drye was present to represent the petition. No one signed up to speak and Mr. Barber closed the public hearing at 7:14pm. Motion was made by Mr. Harville, seconded by Mr. Snead, to grant the petitioner's request to rezone Case R-12-003 from R-I to RC-l. The following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Ecker-Yes; and Mr. Barber-Yes. Mr. I-larville's motion was unanimously approved by the Board. Case 4: Bray's Retail & Rental, Inc. -Dan River District; R-12-004 Mr. Barber opened the public hearing at 7:15pm. Mr. Shelton explained that Bray's Retail & Rental, Inc. had petitioned to rezone a total of 7.23 acres, more or less, six parcels, located on State Road 1076/Clark Street, on U.S. Highway 58/South Boston Highway & State Road 734/Clark's Mill Road in the Dan River Election District from R-1, Residential Suburban Subdivision District to B-2, Business District, General to B-2, Business District General (to allow for future business development). The Planning Commission, with no opposition, recommended granting the petitioner's request. Mr. Bray was present to represent the petition. No one signed up to speak and Mr. Barber closed the hearing at 7:16pm. Motion was made by Mr. Snead, seconded by Mr. Barksdale, to approve the petitioner's request to rezone Case 8-12- 004 from R-1 to B-2. The following Roll Call Vote was recorded: Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Ecker-Yes; Mr. Harville-Yes; and Mr. Barber-Yes. Mr. Snead's motion was unanimously approved by the Board. This concluded the rezoning cases. Unfinished Business At the January 3, 2012 Board of Supervisors' Re-organizational Meeting, a motion was made by Mr. Harville, seconded by Mr. Snead, to re-adopt the existing By-Laws. A substitute motion was made by Mr. Ecker, seconded by Mr. Hagerman, to adopt the existing By-Laws, but to amend Section 1.2 to state, "The Chairmanship shall rvtate on an annual basis, based on seniority. In the event of more then one member the percentage of ~ the votes received by that member in their district election sets their .seniority for the Chair. The members shall rotate through the Dice Chairmanship seat to the Chair ": and to amend Section 1.3 to state '`The Board shall also elect a Vice Chairman, accordingly to seniority, to serve a concurrent term with the Chairman, ending December 31 ". Since a substitute motion was made, a 10-Day Layover was required, which had now been met. Ms. Bowman and Mr. Barksdale stated they supported rotation of the Chairmanship, but did not feel that seniority should be a mitigating factor in the rotation. The Board then voted and Mr. Ecker's motion failed by a 2-5 vote of the Board, with Mr. Ecker and Mr. Hagerman supporting the substitute motion while Ms. Bowman, Mr. Barksdale, Mr. Snead, Mr. Harville and Mr. Barber were in opposition. Mr. Harville's motion was then voted on, which passed by a 5-2 majority vote, with Mr. Ecker and Mr. Hagerman in opposition. Adjourned Meeting January 17, 2012 At the January 3, 2012 Board of Supervisors' Re-organizational Meeting, a motion was made by Mr. Ecker, seconded by Mr. Snead, to approve amendments and appropriation of an additional $575,250.93 to the Workforce Investment following categorical breakdown: WIA Administrative (251-353160) Lucy P. Sale (25 I -353661) WIA Dislocated Worker (251-35385 ] ) W fA Adult (2510353853) WIA Youth In-School (2510353855) WIA Youth Out of School (251-353856) Rapid Response #2 (25 I -35386$) Act (WIA) budget (Fund 251), with the $53,121.30 2,536.93 ! 45,685.70 43,346.90 93,019.34 36,268.56 287.966.00 TOTAL $575,250.93 This motion required a 10-Day Layover that had now been met. The following Roll Call Vote was recorded: Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Ecker-Yes; Mr. Harville-Yes; Mr. Snead-Yes; and Mr. Barber-Yes. Mr. Ecker's motion was unanimously approved by the Board. At the January 3, 2012 Board of Supervisors' Re-organizational Meeting, a motion was made by Mr. Harville, seconded by Mr. Snead, to approve a reappropriation of Funds as follows: $75.00 to Sheriff-Wrecker Service (1 00-4003 1 200-3 1 70), $60.00 to Sheriff-Parts (100-4- 031200-6030), $44.00 to Sheriff-Training & Education (100-4-031200-5540), $500.00 to Sheriff-Copier Lease (100-4-03 1200-6005), $ I ,400.00 to Sheriff-National Night Out (100-4- 031200-5880), $1,208.25 to Sheriff-Canine Program )100-4-031200-6045), $697.77 to Extradition (100-4-033100-5550), $100.00 to Animal Control -Donations (100-4-035100- 5883), $ 13,695.25 to W [A-Rent (25 I -4-353160-5420), $34,007.50 to Industrial Incentives (325- 4-081500-8222). This motion required a 10-Day Layover that had now been met and the following Roll Call Vote was recorded: Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Ecker-Yes; Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; and Mr. Barber-Yes. Mr. Harville's motion was unanimously approved by the Board. New Business Motion came from the Finance Committee to approve the budget calendar for FY2012/2013 as presented with the ability to eliminate any meeting the committee felt was not necessary, which was unanimously approved by the Board. Motion came from the Property & Building Committee to transfer $200,000 from the regional jail account to the Captain Martin Building account and for staff to begin required action to move, which was unanimously approved by the Board. Motion came from the Property & Building Committee to continue to patch the Blairs Community Center roof as needed, which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve the proposed Spay/Neuter Policy Program Guidelines from Pittsylvania County as presented, which was unanimously approved by the Board. Mr. Ecker submitted for Public Record that he would like to continue reduction of his annual salary compensation that he receives as a member of the Pittsylvania County Board of Supervisors by l0% for the years 2012, 2013, 2014 and 2015, which is in compliance with the Adjourned Meeting January 17, 2012 letter written by John P. Light on January 8, 2008, when Mr. Light then represented the Board of Supervisors as their legal counsel. January 17, 2012 Mr. William U. Sloe par Administrator Pittsylvania County P.O. Holt 426 Chatham, Virginia 24531 Dear Mr. Sleeper, 1 would Ilkt• to contlnu~ reduction of my annual salAry compr±nsatlon that 1 receives as a member of the Board of Supervisors by 10% for years 2012, 2013,2014 and 2035.Thls Is in compUsnce of letter written on January 8,2008 by County attorney Mr. John Light (copy enclosed) stating there is no Ilmitatlon to my request for salary reduction. This letter delivered to Mr. William D. Sleeper on lan.17, zoo z. sincerely, , ~~E ~,l/ ~ ~,~ ~ Marshall A. poker Pittsylvania County Board of Supervisors Staunton River District Wt* i ~~tia, IL[ORRtaON, LtdHT AND MORBAU A7~rY)RN [tY3 A'I' [JLW RUNAl1) W. WLLLtA4l6 117 FA7'lY)N S'[R1S1Sl' CIrARIJitt A. 4IORRAV MARK 'r'. WlL11Al~f LIANVILI.Ji. VIRC;iN LA 2Ati41-1273 (196>f_Rp06) RUifp<rr 1- Mc)Ral>tON.JII. P.C=. JOIN P. r.tc:rrl' '17L1LP71u1VM (~)I) 791~9f3 PA% t'L K) -N3-6110 E.MAII~ wml..s(~pa.rKwmd.m v~rv_ ~ra1 W a~w~oaJiltL a. coon January 8, 21)08 Marshall Esker 7856 l~eerview Road t3rctna. Virginia 24557 scar Mr. Idckcr: Kec Voluntary Reduction in Salary F'urausnt to your request made January 7. 2008 of tF1o Annual Meeting of the Board of Superviaors of Pittaylvania County, Virginia, I have reviewed the Code of VirEtinia to determine whether or not there are any limitations contained therein regarding your request. It is my understanding that you arc simply requesting a voluntary reduction of the salary paid to yeti as a member of the Board of Supervisors of Pittsylvania County, Virginia. and arc not proposing that the annual compenaatia)n to bo allowed to each member of the Board of Supervisors be reduced. The Code of Virginia in 'Title 15.2, Chapter 14, Article: 1. 1, 5cction 15.2-1414.1 0l seq. provides for specific limitations on the compensation to Ue paid to rnen7t7e1"s caf the 13oard of Supervisors of the County in the Commonwealth of Virginia, and provides explicit prcx:edures end Ilmiiaiions on the timing of any such board action. However, 1 can trod no limitation on your authority to individually decline to accept l0% of the annual compensation thaa has prcvioualy been allowed each membrx of the Board of Supervtsora of Pittsylvania County. Icurthermore, I do not boliew that your request requires bean! action, but t:an simply be accomplished by delivering a written request to voluntarily reduce your annual componwation by suoh attsoun[ as yc)u deem fit to the County Administratc)r of Pittsylvsnie County. Should you haw any questions regarding the consent of this I~ttcr, please Feel tl'~ee to cantos[ mo. Very truly yours, JPLJbw cc: William V. Sleeper Motion was made by Mr. Harville, seconded by Ms. Bowman, for the County Administrator to notify the Pittsylvania County Court Services that Pittsylvania County will certainly consider their request of $6,094.81 as the County's share for participating in its diversion program during the County's 2012/13 budget process and request clarification from the Court Services that if any of the three localities that participate; Halifax County, the City of Danville, and Pittsylvania County, do not participate with their additional local share, would the entire $27,000 of total participation cost be reduced from the budget; and that this matter be Adjourned Meeting January 17, 2012 referred to the Finance Committee. Mr. Harville's motion was unanimously approved by the Board. Mr. Greg Sides, Assistant County Administrator for Planning and Development, gave a presentation on the West Piedmont Economic Development District's Year 2012/13 Regional Comprehensive Economic Development Strategy (CEDS). Mr. Sides' presentation included revisions to the information the Board had received in their packets. Mr. Ecker asked that another revision be made to include the Town of Hurt be included with Pittsylvania County and the Towns of Chatham and Gretna under that in the Water System Improvement Plan. Motion was made by Mr. Harville, seconded by Ms. Bowman, to approve the CEDS work plan with Mr. Side's revisions and Mr. Ecker's request concerning the Town of Hurt being included in the Water System Improvement Plan, which was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Mr. Hagerman, to hold a public hearing on Monday, February 6, 2012 for citizen input for "No Thru Trucks" on State Road 633/640 to State Road 688 in Pittsylvania County, Virginia, which was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Mr. Hagerman, to hold a public hearing on Monday, February 6, 2012 for citizen input For "No Thru Trucks" from U.S. 29 to State Road 931 and State Route 654 to State Road 634 in Pittsylvania County, Virginia, which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Ms. Bowman, to (1) accept Option with capitalized interest of the proposal of Banc of America Public Capital Corporation, on behalf of Bank of America, to finance new E-91 1 equipment and towers for Pittsylvania County and (2) authorize the County Administrator to (a) execute the propel of evidence such acceptance and (b) take all necessary action in connection therewith. Mr. Harville's motion was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Harville, to approve a contract amendment with Federal Engineering, [nc. with a ceiling cost of $120,000; and that a $28,518 lnteroperability Grant secured by the County goes towards helping pay for the cost of this contract amendment. Mr. Snead's motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Snead, to authorize the County Administrator to work with the City of Danville in dialogue and discussion with the County and City on the feasibility of a joint E91 1 system and bring any findings/suggestions from these joint discussions back to the Telecommunications Committee. Mr. Ecker asked Mr. Harville to include in his motion that the E91 I center would remain located in the County. Mr. Harville amended his motion to include Mr. Ecker's request, which was seconded by Mr. Snead. The Board unanimously approved Mr. Harville's motion. Items Added Upon a motion by Mr. Harville, seconded by Mr. Ecker, the Board unanimously approved Resolution 2012-O1-Ol, concerning the issue of devolution and that this resolution be forwarded to Pittsylvania County's elected officials in the Virginia General Assembly. Adjourned Meeting January 17, 2012 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2012-01-01 VIRGINIA: At the adjourned meeting of the Pittsylvania County Board of Supervisors held on Tuesday, January 17, 2012 in the General District Courtroom of the Edwin R. Shields Courthouse Addition, the following resolution was presented and adopted: Whereas, the Pittsylvania County Board of Supervisors joins the efforts of the Commonwealth's counties in encouraging the 2012 General Assembly to continue the state and local partnership funding of core government services; and Whereas, the transfer of funding for core services from the state to local governments is devolution. Devolution will continue to be used throughout the 2012 General Assembly, as we work to develop a state budget for Fiscal Years 201 I - 2013;and Whereas, the Pittsylvania County Board of Supervisors understands that program devolution is the shifting of state responsibilities to local governments. Counties have experienced first-hand the shift in funding for local programs and are already saddled with additional responsibilities in providing services for foster care children, police, line of duty costs and maintenance of local libraries; and Whereas, core local services that include public education, police, fire and social services are services that must be funded through the state and local partnership. "Passing the buck" to localities Daly perpetuates increases in real estate and business taxes; and Whereas, for several years, localities have been mandated to give back to the Commonwealth funding that was designed to support these local programs. Last year, local governments had to write checks or receive reduced reimbursements from the state for $60 million under a program known as "Aid to Localities." Governor McDonnell has chosen to "chip" away at this annual local contribution by reducing the yearly required payment by SIO million in his introduced budget; and Wbereas, the state originally introduced this reduction to balance the state budget, but as the economy improves and state revenue increases, our state leaders must promptly eliminate this funding reduction and sustain local services; now THEREFORE BE IT RESOLVED, that the Pittsylvania County Board of Supervisors supports localities and the Commonwealth continue their partnership and provide core government functions without shifting or shirking responsibilities; and BE IT FURTHER RESOLVED by the Pittsylvania County Board of Supervisors, in order to address the mandates and financial responsibilities which have been shifted to localities, that our state elected officials act to ensure localities have the tools to fund our core services, provide county governments with the equal taxing authority of cities and towns and immediately begin a process to initiate tax reform for state and local government. Given under my hand this the l7~' day of January, 2012. Tim R. Barber, Chairman Pittsylvania County Board of Supervisors ~~~~>-1~~~~~ William D. Sleeper, Clerk ,% Pittsylvania County Board of Supervisors Upon a motion by Mr. Hagerman, seconded by Mr. Ecker, the Board unanimously approved the re-appointment of Mr. John Linley as the citizen appointee to the Tri-County Lake Administrative Commission (TLAC). Adjourned Meeting January 17, 2012 Motion was made by Mr. Barksdale, seconded by Mr. Harville, to award a contract to Campbell/Harris Security Equipment, at a cost of $17,278.73, as a sole source purchase for the Model CT-30 Contraband Team Inspection Kit and appropriate $10,000 to Fund 241. The following Roll Call Vote was recorded: Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Ecker-Yes; Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; and Mr. Barber-Yes. Mr. Barkdale's motion was unanimously approved by the Board. Board Annointments Upon a motion by Ms. Bowman, seconded by Mr. Ecker, the Board unanimously approved appointing Ms. Cindy Prytle to serve in the unfulfilled seat of the Chatham-Blairs representative on the Recreation Advisory Board left vacant after the death of Ms. Jean Shields. Ms. Prytle's term will be from January 17, 2012 until June 30, 2012. Resorts from Board Members Ms. Bowman reminded the Board of the upcoming Virginia Association of Counties (VACO) Legislative Day Forum on February 9, 2012 and gave a brief General Assembly update. Reports from County Administrator The following Board members acknowledged they wanted to attend Legislative Day: Mr. Ecker, Ms. Bowman, Mr. Snead, Mr. Harville and Mr. Barber. They further stated that whether they spent the night in Richmond or not was contingent on whether the County's local representatives would be able to attend dinner with them or not. Adjournment Motion was made by Mr. Harville, seconded by Mr. Ecker, to adjourn, which was unanimously appraved by the Board. The meeting adjourned at 8:56pm.