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02-06-2012 BOS Regular MeetingRegular Meeting February 6, 2012 Pittsylvania County Board of Supervisors Monday, February 6, 2012 Regular Meeting VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Supervisors was held on Monday, February 6, 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 7:05 p.m. The following members were present: Tim Barber "funstall 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, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Barber led the Pledge of Allegiance. Approval of Agenda Motion was made by Mr. Harville, seconded by Mr. Snead, to approve the agenda with the following additions: Additions: (a) Closed Meeting: Upon adjournment of the regular meeting, the Board will reconvene in the County Administrator's office for a Closed Meeting conference call for: Con.ctdtation with legal Counsel and Briefings by Stc ff rLlembers or Consultants pertaining to actual or probable liligcrtion, where such constrltutions or briefrngs in open meeting would adversely affect the negotiating or litigation postzrre of the Public Bodv: cmd consultation with Legcrl Counsel employed or retained by a Puhlic Body regarding specific legal matters requiring provision of legal advice to such counsel. Authorittc §2.2-3711(A)(7), Cade of Virginia, 1950, as amended Subject Mutter: Jane Doe vs. Pittsylvania County Purpose: Briefing on Litigation Stahrc Mr. Elarvilles's motion was unanimously approved by the Board. Hearine of the Citizens Ms. Katie Whitehead of the Chatham-Blairs District made comments on National Academy of Sciences (NAS) report concerning whether or not uranium can be mined safely in Virginia and to remind the public body that four of the NAS experts would present their report at 6:30pm on Tuesday, February 7, 2012 at the Institute for Advanced Learning and Research in Danville. Mr. Phillip Lovelace of the Callands-Gretna District supported Ms. Whitehead's comments, congratulated the new board and encouraged them to attend the NAS report presentation. Ms. Elizabeth Jones of the Banister District made comments that several bills in the current General Assembly will not move Virginia forward and did not represent the interest of Regular Meeting February 6, 2012 the citizens, and encouraged the Board of Supervisors to ask their state representatives to keep their promises. Mr. Hershel Stone of the Chatham-Blairs District, Ms. Susan Paynter of the Banister District, and Ms. Sonja Ingram of the Dan River District all made comments supporting the forming of a Beautification Committee. Ms. [ngram all told the Board there would be a meeting on February 29`h concerning the protection of tobacco and agricultural heritage on which she would be sending more information to the Board of Supervisors. Mr. Allen Gross of the Banister District provided the Board with handouts concerning the problem he and his neighbors water becoming unsafe to drink and stated he would like to see this Board take a stand, one way or the other, on how they stand on the uranium issue. Bobby and Linda Cadieux of the Dan River District voiced concerns on a neighbor that has 25 dogs running as a pack in throughout the neighborhood, presented the Board with a petition containing signatures of other neighbors, who like them, asked the Board to begin the process for that area to become an animal controlled area in the County. Mr. Frank Fox of the Chatham-Blairs District made comments supporting Supervisor Bowman's movement for the development of the old Chatham Elementary School. This concluded the Hearing of the Citizens. Consent Agenda (a) Minutes: January 3, 2012 -Regular Meeting January 17, 2012 -Adjourned Meeting (b) Bill List for January 2012 (c) Citizen Emergency Response Team (CERT) Grant Appropriation - $41,000 grant awarded to and received for the Community Emergency Response Team Grant that requires appropriation by the Board before [he funds can be dispersed. (d) Governor's Opportunity Fund (GOF) Appropriation -$50,000 grant awarded to the County that requires the Board's appropriation before funds can be properly dispersed. (e) Proclamation -March as School Readiness Month-(To Be 2emovecl) (t) Proclamation -Black I-listory Month (g) Proclamation -Earth Day (h) Resolution 2012-02-01; Trey Edmunds Motion was made by Mr. Ecker, seconded by Ms. Harville, to approve the Consent Agenda with Item (e) to be removed, which was unanimously approved by the Board. At this time, Mr. Snead read Resolution 2012-02-01, in recognition of Dan River 1-[igh School varsity athlete Trey Edmunds being named [o PARADE Magazine's 2012 All-American High School Football Team. Mc Snead presented Trey Edmunds with his resolution and the Board congratulated 'trey on all of his outstanding achievements and wished his the best in his future. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2012-02-01 VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors held on Monday, February 6, 2012 in the General District Courtroom of the Edwin R. Shields Courthouse Addition, the following resolution was presented and adopted: Whereas, Dan River High School varsity athlete 'Frey Edmunds has been named to PARADE Magazine's 2012 All-American High School Football Team, which has been the nation's Regular Meeting February 6, 2012 premier All-American high school football team for the last 41 years. In partnership with Sporting News, PARADE editors chose 53 seniors throughout the nation, whose on-the-field performances represent the best of high school football, and Trey Edmunds was one of only 3 athletics from Virginia selected for this prestigious award; and Whereas, Trey Edmunds is the first player in Dan River High School's history to be named to PARADE Magazine's All-American Fligh School Football Team; and Whereas, for a career at Dan River High School, Trey Edmunds accounted for 5642 all-purpose yards, including 4,516 rushing yards, 65 total touchdowns, while defensively totaling 371 tackles and 11 interceptions-an impressive record in itself and remarkable in that Trey has only played running back these last two years and has just turned 17 years old; and Whereas, along with the honor of being named a PARADE All-American, Trey Edmunds was named the Single A Office Player of the Year by VirginiaPreps.com and named to the VirginiaPreps.com Single AAll-State football team as a running back; and Whereas, Trey Edmunds was also named 2011 Danville Register & Bce All-Metro Football Offensive Player of the Year, was named first-team offense running back for both Region B and the Dogwood District, and was first-team linebacker on defense in the Dogwood District; and Whereas, a native of Ringgold, Virginia, Trey Edmunds is the son of Ferrell and Felicia Edmunds and is a member of the junior usher board at his church where he also sings in the choir and is a member of the church step team; and Whereas, 'T'rey Edmunds is described by local coaches and peers as displaying excellent character, integrity, and a positive attitude on and off the field, making him not only a special athlete and outstanding student but an extraordinary young man; then THEREFORE BE IT RESOLVED, that the Pittsylvania County Board of Supervisors, on the behalf of all of the citizens of Pittsylvania County, express their sincere appreciation, admiration, and congratulations to Trey Edmonds on being named to PARADE., Magazine's 2012 All- American High School Football 'T'eam, bringing not only honor to himself and his family, but to Dan River Fligh School and all of the citizens of Pittsylvania County and furthermore, the Board of Supervisors congratulates Trey Edmunds on signing his National Letter of Intent to continue his football career at Virginia Tech, wishing him the best in his future academic endeavors and athletic career; and BE IT FURTHER RESOLVED that a copy of this resolution be presented by the Board of Supervisors to "['rey Edmunds. PITTSYLVANlA COUNTY BOARD OF SUPERVISORS PROCLAMATION BLACK HISTORY MONTH February 20/2 Whereas, Fefirnarv 2012 marks the ninety-seventh Black History Celebration to be held to encourage understanding and appreciation among ull Americans of the significant role that BlnckAmericuns have pluyed in so many areas ofAmericu's success story; and Regular Mee[ing February 6, 2012 Whereas, the theme of this year's celebrntian is "Black Women in American History and Culture"; and Whereas, African American women have played a vital role in the history of orrr nation and our Arrnv since the American Revolution. Their putriotism, loyalty and leadership, coupled with their hcn•d work, intellect and artistic expression, have enriched the African American community and the notion as a whole; crud Whereas, all citizens should join in grcrteftrlly honoring and recognizing the exceptiorrnl ozdstanding contribu[ions which Afi•icnn Americans, bo[h women and men, have made to their felloron citizens and to al/ humanity; and Whereas, Black Americans have made substantial contributions to hmnan progress in the fields of Economics, rLledicine, Lcnv, Science, 'Technology, Literature, and in many other phases of hzurran endeavors, and continue to have crn important impact in the information age and in every_frontier of science and art; and Whereas, the Board of Szrpervisor•s encourages all Citizens of Pi/Isyhurnia County to better understand the role of Black Citizens in the fornn[ion and growth gfour Nation, ,State and Country; then Now, Therefore, the Pittsylvcrnia Cozmty Board of,Supervisors do hereby proclaim that the month of February as B/ack History tY/oath in Pittsvlvanicr County and thcrl the Pittrylvnniu Cozmty Schools, County Lihraries cmd cdl of the Citizens of Pittsylvania Cozmty ore encouraged to make a special effort to research and acknowledge the contributions of Black Men crud Women to the advancement of all races, to the end that we ratty be more aware of the unity of humankind crud ozrr basic principles of fr•eedonr, equality, and democracy. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS PROCLAMAT/ON EARTH DAY April 21, 2012 Whereas, the global cornmtznity now faces extraordinary challenges such as ertuironmental degradation, climate change, food and water shortages, and global health issues; and Whereas, all people, regardless of race, gender, income, or geography, have a moral right to a healthy, sustainable environment; and Whereas, it is understood that the citizens of the global community must step forward and take action to create positive environmental change to combat the aforementioned global challenges; and Whereas, a sustainable environment can be achieved on the individual level through educational efforts, public policy, and consumer activism campaigns; and Regular Meeting February 6, 2012 YVhereas, it is necessary to broaden and diversify the environmental movement to achieve maximum success; then Now, Therefore, the Pittsyluania County Board of Supervisors do hereby proclaim April 2i, 2oi2 as Earth Day throughout Pittsyluania County and pledge their support of environmental initiatives in Pittsyloania County and to encourage others to undertake similar actions. Public Hearines Public Hearing to receive citizen input on a proposal to restrict truck traffic on part of State Route 640 (Wards Road) beginning at Manson Bridge to State Route 633 (Clover Road) and State Route 633 (Stone Road) at Manson Bridge until reaching State Route 668 (Grit Road) in the Staunton River District. A reasonable alternate route for this would be the following: from Manson Bridge on State Route 640 (Wards Road) to State Route 699 (Gladys Road) to RT 29 (Wards Road); RT29 South to the northern most exit for Altavista, RT 712 then South on BUS 29, come back through town to Pittsyluania Avenue and turn east onto State Route 668 (Grit Road). The proposed restriction will be on any truck, truck and trailer, orsemi-trailer combination except a pickup truck of panel truck. Mc Barber opened the public hearing at 7:39pm. Mr. Sleeper explained there were areas that, beginning at the Manson Bridge area, SR 640 (Wards Road) and SR 633 (Stone Road) that were too narrow for cars and school buses to meet transfer trucks and that it had become an extreme safety hazard on many areas of that road due to the traffic of transfer trucks, most of which were heading to Dominion Power. The first person to speak was Kenric Dews, who lives on Wards (toad that stated the road was too narrow for large transfer trucks, which had also damaged to shoulders of the road, creating a second safety hazard, and ended stating his support of the No Thru Trucks restriction. Next, Paul Smith, also of Wards Road, agreed with Mr. Dews, adding that his own vehicle, along with many others, had been damaged when meeting large transfer trucks because the road in that area was too narrow for commercial traffic Mr. Smith asked that a No "fhru Truck restriction put in place to protect the families in the area. Mr. Clarence Dawson of Stone Road also supported the No Thru Trucks restriction, stating that he met another truck on that road and both his and the other driver's truck experienced side-mirror damage because the road was so narrow in places, and that on Wards Road, shoulders has 3"-5" ruts in the shoulders due to commercial trucks that have to run off onto the road's shoulder to negotiate the road when meeting other traffic. Mr. Emmett "Toms of Dominion Power Plant, now known as Pittsyluania Power, supports the secondary road No Thru "truck restrictions for safety reasons and believes VDO"I' should be checking to make sure commercial trucks are not using those narrow roads as a commercial route. He has advised drivers coming to and from his plant to not use those routes as a normal commercial route because it would not be a safe route. However, his plant sits directly across from Stone Road and that may be needed by a fire truck for his plant, or as an emergency fire route, but otherwise he had no argument against the Board voting for a No Thru Truck restriction. Mr. Roy Byrd, who networks trucks and fuel for the power plant, agreed with the restriction as well. E Ie also agreed with Mr. 'T'oms concerning the %< mile of Stone Road across from the plant as an emergency exit from the plant in case of tire. They were willing to work with the Board in any way to keep local residents safe. The last person to speak was AI Smith, who lives on Wards Road and stated that in his opinion, the intersection of Stone Road and Wards Road at the Manson Bridge and stretch of road on Stone Road from that intersection must the be most dangerous section of road in Pittsyluania County, that two cars meeting in some areas was problematic, that a car and school bus can hardly negotiate past each other without incident, and that the mirror was knocked off his vehicle from meeting just a small pickup truck. No one else signed up to speak and Mr. Barber closed the public hearing at 7:52pm. Mc Ecker then read a letter from James and Mable Bradner of Clover Road who supported the No Thru Truck restriction for safety reasons. Mr. Ecker added that as a Regular Mee[ing February 6, 2012 former school bus driver himself, he could attest to the hazardous situations these stretches of roads, from the Manson Bridge on Wards Road to Clover Road, and from the Manson Bridge on Wards Road, where Stone Road intersects until where Stone Road meets Grit Road, and that someone had to drive onto the shoulder of the road if they met a commercial truck in that area. He had already spoken with VDOT on numerous occasions and VDO"f stated that there was no way to widen the road to alleviate the problem, nor would cutting trees along the roadway help. Mr. Sleeper then read a draft resolution, 2012-02-02 that identified the problematic road areas and including an acceptable alternate route of beginning on SR 640 (Wards Road) at the Manson Bridge to SR 699 (Gradys Road) in Campbell County to US 29 (Wards Road), then south to SR 712 exit at Altavista, then on to Bus 29 Main Street, to Pittsylvania Avenue and then east onto SR 668 (Grit Road), that could be sent to VDO"T following the Board's approval. Motion was then made by Mr. Ecker, seconded by Mr. Harville, to approve Resolution 2012-02-02, along with necessary required documents and an outlining alternate route, and forward this to VDO"T, which was unanimously approved by the Board. PITTSYLVAN[A COUNTY BOARD OF SUPERVISORS RESOLUTION 2012-02-02 VIRGINIA: At a regular meeting of the Pittsylvania County Board of Supervisors on Monday, February 6, 2012 in the General District Courtroom of the Edwin R. Shields Courthouse Addition the following resolution was presented and adopted: WHEREAS, numerous citizens have complained to the Pittsylvania County Board of Supervisors about heavy truck traffic, particularly wood chip trucks, using State Route 640 (Wards Road) beginning at Manson Bridge to State Route 633 (Clover Road) and State Route 633 (Stone Ruad) at Manson Bridge until reaching State Route 668 (Grit Road) to gain access to the Dominion Power Plan at Hurt; and WHEREAS, the citizens requested that the Board of Supervisors consider "No Thru Truck" signs on these roads in order to improve the safety and welfare of the community, protect the children and school buses on the road and reduce the potential of serious accidents on these secondary roads; and WHEREAS, the Pittsylvania County Board of Supervisors held a public hearing to receive citizen input on the consideration of "No Thru "Trucks" on State Route 640 (Wards Road) beginning at Manson Bridge to State Route 633 (Clover Road) and State Route 633 (Stone Road) at Manson Bridge until reaching State Route 668 (Grit Road) with an alternate utilizing U.S. Route 29: and WHF,REAS, the Board held a public hearing, in accordance with Section 46.2-809 of the Code of Virginia, 1950, as amended, and received the required citizen input and has recommended an alternate to the Commonwealth of Virginia; then BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors, requests the Virginia Department of Transportation to place truck restrictions and "No Thru Truck" traffic signs on State Route 640 (Wards Road) beginning at Manson Bridge to State Roue 633 (Clover Road) and State Route 633 {Stone Road) from the Manson Bridge until reaching State Route 668 (Grit Road) in Pittsylvania County with a primary alternate of continuing on State Route 699 (Gladys Road) to RT 29 (Wards Road); RT29 South to the northern most exit for Altavista, RT 712 then South on BUS 29, come back through town to Regular Meeting February 6, 2012 Pittsylvania Avenue and turn east onto State Route 668 (Grit Road); restriction should be on any truck or truck and trailer or semi-trailer combination, except pickup or panel trucks, or solid waste trucks performing their duties; and BE IT FURTHER RESOLVED, that a copy of this Resolution be forwarded to the Lynchburg District Office of the Virginia Department of Transportation and to Dominion Power. Public Hearing to receive citizen input on a proposal to restrict truck traffic on State Road 931 (Sycamore Creek Road) and State Route 654 (Dalton's Farm Lane) to State Road 634 (Blue Ridge Drive) in the Staunton River District. An acceptable alternate commercial route to be used would be; Alternate A: U.S. RT 29 North to Altavista; take SR 43 (Bedford Road) into the Town of Altavista; make a left turn onto 7~h Street; drive 3 blocks on 7~h Street to Pittsylvania Avenue; turn right and go east on Pittsylvania Avenue across the Staunton River to State Route 668 (Grit Road) into Pittsylvania County to the Dominion Power Ylant facility; or Alternate B: use RT 40, RT 29, RT 57 to U.S. RT 29 North to the northern most exit for Altavista at SR 712 exit at Altavista, then on to Bus 29 Main Street, to Pittsylvania Avenue and then east onto SR 668 (Grit Road). The proposed restriction will be on any truck, truck and trailer, or semi-trailer combination except a pickup truck or panel truck. Mr. Barber opened the public hearing at 8:15pm. No one signed up to speak and Mr. Barber closed the hearing at 8:17pm. Mr. Sleeper explained that residents were having the same problem as in the previous hearing with the exception that commercial trucks in this case were trying to circumvent a No 'I'hru Truck restriction placed at the beginning of SR 634 (Blue Ridge Drive) and by trying to use the secondary roads of SR 931 (Sycamore Creek Road) and SR 654 (Dalton's Farm Lane), the trucks came out further up the road on Blue Ridge Drive, and was now creating a safety hazard for the residents on these two roads as they also were narrow and not designed for commercial traffic. Mr. Sleeper read draft resolution 2012-02-03 that restricted No Thru Truck traffic on State Road 931 (Sycamore Creek Road) and State Route 654 (Dalton's Farm Lane) to State Road 634 (Blue Ridge Drive) in the Staunton River District. An acceptable alternate commercial route to be used would be; Alternate A: U.S. RT 29 North to Altavista; take SR 43 (Bedford Road) into the Town of Altavista; make a left turn onto 7~h Street; drive 3 blocks on 7`~ Street to Pittsylvania Avenue; turn right and go east on Pittsylvania Avenue across the Staunton River to State Route 668 (Grit Road) into Pittsylvania County to the Dominion Power Plant facility; or Alternate B: use R"f 40, RT 29, RT 57 to U.S. RT 29 North to the northern most exit for Altavista at SR 712 exit at Altavista, then on to Bus 29 Main Street, to Pittsylvania Avenue and then east onto SR 668 (Grit Road). The proposed restriction will be on any truck, truck and trailer, or semi-trailer combination except a pickup truck or panel truck. Motion was made by Mr. Ecker, seconded by Mr. Hagerman, to approve Resolution 2012-02-03, along with necessary required documents and an outlining alternate route, and forward this to VDOT. Mr. Ecker asked Mr. Roy Byrd if it were true that logging trucks could not be restricted from using these roads. Mr. Byrd stated that it was unlawful to restrict the log trucks from using roadways that were coming to and from properties being logged; you could not stop timber from being logged. Mr, Ecker stated that's what he had told his constituents but that other trucks were taking advantage of that and using these roads as pass-thru to Blue Ridge Drive. The Board then voted and unanimously approved Mr. Ecker's motion. Regular Mee[ing February 6, 2012 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2012-02-03 VIRGINIA: At a regular meeting of the Pittsylvania County Board of Supervisors on Monday, February 6, 2012 in the General District Courtroom of the Edwin R. Shields Courthouse Addition the following resolution was presented and adopted: WHEREAS, numerous citizens have complained to the Pittsylvania County Board of Supervisors about heavy truck traffic, particularly wood chip trucks, using State Road 931 (Sycamore Creek Road) and State Route 654 (Dalton's Farm Lane) to State Road 634 (Blue Ridge Drive) in the Staunton River District to gain access to the Dominion Power Plan at Hurt; and WHEREAS, the citizens requested that the Board of Supervisors consider "No Thru Truck" signs on these roads in order to improve the safety and welfare of the community, protect the children and school buses on the road and reduce the potential of serious accidents on these secondary roads; and WHEREAS, the Pittsylvania County Board oP Supervisors held a public hearing to receive citizen input on the consideration of "No Thru "frucks" on State Road 931 (Sycamore Creek Road) and State Route 654 (Dalton's Fann Lane) to State Road 634 (Blue Ridge Drive)with an alternate utilizing U.S. Route 29; and WHEREAS, the Board held a public hearing, in accordance with Section 46.2-809 of the Code of Virginia, 1950, as amended, and received the required citizen input and has recommended an alternate to the Commonwealth of Virginia; then BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors, requests the Virginia Department of Transportation to place truck restrictions and "No Thru Truck" traffic signs on each end of both State Road 931 (Sycamore Creek Road) and State Route 654 (Dalton's Farm Lane) to State Road 634 (Blue Ridge Drive) in Pittsylvania County with as Alternate A: U.S. RT 29 North to Altavista; take SR 43 (Bedford Road) into the Town of Altavista; make a left turn onto 7`~ Street; drive 3 blocks on 7`~ Street to Pittsylvania Avenue; turn right and go east on Pittsylvania Avenue across the Staunton River to State Route 668 (Grit Road) into Pittsylvania County to the Dominion Power Plant facility; or Alternate B: use RT 40, R"f 29, RT 57 to U.S. RT 29 North to the northern most exit for Altavista at SR 712 exit at Altavista, then on to Bus 29 Main Street, to Pittsylvania Avenue and then east onto SR 668 (Grit Road}. The proposed restriction will be on any truck, truck and trailer, or semi-trailer combination except a pickup truck or panel truck; and New Business Jason Smith, of the Smith Mountain Marine Business Association, spoke to the Board of Supervisors concerning AEP and the Shoreline Management Plan. Mr. Smith was there to ask the participating Tri-County Lake Administrative Commission ("f LAC) members to support a resolution his association has written requesting the TLAC members coordinate their regulations involving the docks, construction of docks, and to exert their governmental authority over the licensing requirements of FERC, substituting the county regulations for those imposed by AEP in the Shoreline Management Plan. Mr. Sleeper suggested to the Board that this might be something that Legal Counsel would want to discuss with FERC, TLAC and the Tri-County Relicensing Committee (TCRC) before trying to a pass a resolution. Mr. liarville asked if John Regular Meeting February 6, 2012 Linley comments, who replied that it was no question that AEP is imposing requirements are far in access to what is required in requires to home/business owners and the Shoreline Management Plan. Motion was then made by Mr. Harville, seconded by Mr. Snead, to refer this matter to Legal Counsel and the County Administrator for review and recommendation back to the Board at a later date. Mr. Hagerman stated he would like to see the resolution brought before the Board at this meeting approved. Mr. Harville withdrew his motion, to which Mr. Snead agreed. Mr. Hagerman then made a motion, seconded by Mr. Ecker, to postpone the matter indefinitely, which was unanimously approved by the Board. Motion came from the Property & Building Committee to have a Closed Session due to an unsolicited offer on publicly held property: Discussion or consideration of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Authority: §2.2-371 l(A)(3) Code of Virginia, 1950, as amended Subject Matter: old Chatham Elementary School Purpose: Discussion of Proposals The committee's recommendation was unanimously approved by the Board. Motion came from the Finance Committee to accept the annual audit ending June 3Q 201 I and the Financial Report from Farmer, Robinson & Cox, which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Ms. Bowman, to start a monthly payments of $18,750.00 fora 24-month period to repay the County's share totally $450,000 owed to the Virginia Department of Rail and Public Transportation. In accordance with an agreement the County entered into jointly along with the City of Danville, as applicants, dated December 14, 2006, between the Virginia Department of Rail & Public "Transportation. The County and City each received $450,000 each from VA Dcpt. of Rail & Public Transportation to extend a rail spur to Swedwood in the Cane Creek Parkway, provided that Swedwood utilize 520 rail cars per year with an average of 2 rail cars per day. 1-lowever, since Swedwood has used no rail cars since opening their facility, the Dept. of Rail & Transportation has now directed the County and City repay this money in 24 payments of $18,750. Mr. Ecker made a substitute motion, seconded by Mr. Fagerman, that the County not pay back any money until something is worked out with Swedwood on either taking responsibility for paying back some of this money or to begin using the rail cars. "fhe following vote was recorded: Mr. Ecker-Yes; Mc Harville- No; Mr. Snead-No; Mr. Barksdale-yes: Mr. Hagerman-Yes; Ms. Bowman - No and Mr. Barber- No. Mr. Ecker's substitute motion failed by a 3-4 majority vote against the motion. The original motion by Mr. f-larville to begin the monthly payback of $18,750 was voted on and passed by a majority vote of 4-3, with Mr. Ecker, Mr. 1-Iagerman and Mr. Barksdale voting in opposition. It was noted that $450,000 had already been set aside under an Economic Development program line in anticipation of this payback to ensure funds were already available. Motion was made by Mr. Snead, seconded by Mr. Harville, to approve a contract proposal from Davenport & Company totaling $65,000 for a scope of services to negotiate on the behalf of Pittsylvania County a fair and equitable agreement with a bank for tax exempt financing for the $13million E911 equipment upgrade and system for Pittsylvania County, which was unanimously approved by the Boards. Funds to pay this contract will come from the $13million Settlement of Lease Agreement with Bank of America. Regular Meeting February 6, 2012 Motion was made by Ms. Bowman, seconded by Mr. Ecker, to approve a Letter of Support for Mr. Michael Comper, who was seeking a federal fireworks permit, which was unanimously approved by the Board. Motion was made by Mr. Hagerman, seconded by Mr. Ecker, to approve Resolution 2012-02-05, supporting a Certificate of Need in Pittsylvania County and authorized Mr. Hagerman to write a letter on the behalF of the Gretna community that would be accompanied by the resolution, which was unanimously approved by the Board. P[TTSYLVANIA COUNTY BOARll OF SUPERVISORS RESOLUTION 2012-02-OS VIRGINIA: At a regular meeting of the Pittsylvania County Board of Supervisors on Monday. February 6, 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 feels there is a significant need in their county for a medical service center; and WHEREAS, the Pittsylvania County Board of Supervisors during the development of a comprehensive plan for the future of Pittsylvania County realized a need for a emergency and regular medical care facilities to be located in the urbanizing areas of Pittsylvania County, included but not limited to the incorporated areas of the Towns of Chatham, Gretna, and Hurt; and WHEREAS, Centra 1-Iealth of Lynchburg, Virginia has expressed a desire to expand their medical services facilities south to the area of Gretna, Virginia; and WHEREAS, Pittsylvania County, the largest County in Virginia in land area, lies between Lynchburg and Danville, and has no outpatient surgery or 24 hour emergency center within its boundaries; therefore BE IT HEREBY RESOLVED, by the Pittsylvania County Board of Supervisors that they respectfully request Centra Health to consider the location for its medical service facility in Pittsylvania County, including the incorporated towns of Chatham, Gretna, and Hurt; and BE IT FURTHER RESOLVED, the Pittsylvania County Board of Supervisors pledges their support and agrees to work in partnership with Centra Health to apply and approve the Certificate of Need necessary to provide this facility to service the citizens of Pittsylvania County, Halifax County, Henry County, and the Cities of Martinsville and Danville. Motion was made by Mr. Ecker, seconded by Mr. Snead, for the reappropriation of funds as follows: $18.24 to Board of Supervisors-Tclephone(1 00-4-01 1 01 0-5230), $295.00 to Board of Supervisors -Training (100-4-0L 1010-5540), $60.00 to Sheriff-Parts (100-4-031200-6030). $1,000.00 to Sheriff- Canine Program (100-4-031200-0645), $85.64 to Jail-Professional Services (100-4-033 100-3 1 1 0), $202.68 Extradition (100-4-033100-5550), $20.0 to VFD-Fuels (100-4- 032200-6008), $35.00 to Animal Control-Donations (100-4-035100-5883), $260.00 Library Postage, $2,460.65 to Library-Computer Supplies (100-4-073100)6021), $7,324.1 I to WlA-Rent (251-353160-5420). This motion required a 10-Day Layover. Regular Meeting February b, 2012 Motion was made by Mr. Harville, seconded by Mr. Snead, to appropriate an additional $7,400.00 to the Animal Control Budget to cover the amount required that the annual pays the Danville Humane Society for the costs of receiving cats picked up in the Pittsylvania County by Animal Control. This motion required a 10-Day Layover. Motion was made by Ms Bowman, seconded by Mr. Barksdale, to consider the appropriation of $1,400,000 to the School Fund (Fund 205) to cover Comprehensive Services Act (CSA) expenditures upfronted by the schools. This motion required a 10-Day Layover. Motion was made by Mr. Ecker, seconded by Mr. Harville, to authorize the County Administrator to negotiate with the Town of Hurt to propose to transfer the ownership of the l0- inch waterline at the Klopman Mills site, the sanitary sewer line and the pump station to the Town of Hurt, which was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Barksdale, to award a contract to BullEx Digital Safety at a total cost of $10,891.00, as a sole source for the BuIlsEye HSBE001 Fire Training Simulator, which was unanimously approved by the Board. Motion was made by Mc Harville, seconded by Mr. Ecker, to approve an agreement dated February 6, 2012 between the City of Danville and Pittsylvania County concerning shared costs of the Regional Industrial Facilities Authority, with corrections to the agreement in Section 3 of page 2 that changes the word "many" to "may" and, in Section 4 of page 2, the three references of the word "County" to "City" as the non-appropriating, then authorize the Chairman to sign on the behalf of the County, attested to the Clerk of the Board of Supervisors, then forward a copy to the City of Danville for their final review, approval and signature. Mr. Harville's motion was unanimously approved by the Board. Motion was made by Ms. Bowman, seconded by Mr. Ecker, for the Board: (a) to establish a Beautification Committee; (bl consisting of one (I) citizen appointed from each of the seven districts; (c) said committee would consist of volunteers that worked with no stipend or reimbursement requirements; (d) said committee would work with the Countys litter control office, with the Department of Transportation, the Virginia Litter Prevention and Recycling Grants Program, with local civic organizations, and any entities; (e) to raise funds and apply for grants to promote recycling, litter control, beautification and educational programs aimed at creating a cleaner, more attractive and environmentally sound County community. Ms. Bowman's motion was unanimously approved by the Board. Mr. Harville then submitted the name of Grady Carrigan to be considered as the Westover District's representative. The following Roll Call Vote was recorded for Consent items (c) Citizen Emergency Response Team (CERT) Grant Appropriation - $41,000 grant awarded to and received for the Community Emergency Response Team Grant that requires appropriation by the Board before the funds can be dispersed, and (d) Governor's Opportunity Fund (GOF) Appropriation - $50;000 grant awarded to the County that requires the Board's appropriation before funds can be properly dispersed. Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mc Ecker-Yes; and Mr. Barber-Yes. Appropriations for the CERT Grant and the GOF Grant were unanimously approved by the Board. Upon the request of Mr. Willie Fitzgerald, President of the local chapter of the National Association for the Advancement of Colored People (NAACP), Mr. Harville read the proclamation designating February as Black History Month in Pittsylvania County, which had been approved with the Consent Agenda. Regular Meeting February 6, 2012 Closed Meeting Motion was made by Mr. Snead, seconded by Mr. Harville, to enter into Closed Meeting for the following: Discussion or consideration of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Authority: §2.2-371 I(A)(3) Code of Virginia, 1950, as amended Subject Matter. old Chatham Elementary School Purpose: Discussion of Proposals Mr. Snead's motion was unanimously approved by the Board. Closed Session began at 9:23pm. Upon a motion of Mr. Harville, seconded by Mr. Snead, the Board re-entered to Open Session, which was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSF,D MEETING BE IT RESOLVED that at the Regular Meeting of the Pittsylvania County Board of Supervisors on February 6, 2012, the Board hereby certifies by a recorded vote that to the best of each board member's knowledge only public business matters lawfidly exempted from the open meeting requirements of the Virginia Freedom of Information Act and identified in the motion authorizing the 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 Brenda H. Bowman Yes James H. Snead Yes Jessie L. Barksdale Yes Jerry A. Hagerman Yes "fim R. Barber Yes The Board re-convened to Open Session at 9:45pm. Motion was made by Mc Harville, seconded by Mr. Ecker, to authorize the County Administrator to solicit Requests For Proposals (RPPs) for auctioneering services for the purpose of disposing of the old Chatham Elementary School Mr. Harville's motion was approved by a 5-2 majority vote of the Board, with Ms. Bowman and Mr. Barksdale in opposition. Reports by the County Administrator Mr. Sleeper reminded everyone of the Board of Supervisors Work Session scheduled for 4:OOpm and the Joint Meeting of the Board of Supervisors and the Danville City Council at 6:OOpm to be held at the Institute for Advanced Learning and Research. Adjournment Motion to adjourn was made by Mr. Harville, seconded by Mr. Snead. The Board adjourned at 9:45pm with the intent of reconvening in the County Administrator's office for a Closed Session conference call. Mr. Harville's motion was unanimously approved by the Board. Regular Meeting February 6, 2012 Closed Session Motion was made by Mr. Harville, seconded by Ms. Bowman, to re-open the meeting to a Closed Session for: 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 to such counsel. Authority: X2.2-3711(A)(7), Code of Virginia, 1950, as amended Subject Matter: Jane Doe vs. Pittsylvania County Purpose: Briefing on Litigation Status Ctosed Meeting began 10: l Opm. Motion was made by Mr. Harville, seconded by Mr. Snead, to re-enter into Open Meeting, which was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEF,TING BE IT RESOLVED that at the Regular Meeting of the Pittsylvania County Board of Supervisors on February 6, 2012, 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 the 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 oP the departure. The statement shall be recorded in the minutes of the Board. Vote Coy E. Harville Yes Marshall A. Ecker Yes Brenda H. Bowman Yes James f 1. Snead Yes Jessie L. Barksdale Yes Jerry A. Hagerman Yes Tim R. Barber Yes The Board re-convened to Open Session at 10:40. Motion to adjourn was made by Mr. Harville, seconded by Mr. Ecker, which was unanimously approved by the Board. The meeting adjourned 10:45pm.