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04-02-2012 regular meetingRegular Meeting April 2, 2012 Pittsylvania County Board of Supervisors Monday, April 2, 2012 Regular Meeting VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Supervisors was held on Monday, April 2, 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 Tunstall District James Snead Dan River District Coy E. Harville Westover District Jessie L. Barksdale Banister District Jerry A. Hagerman Callands-Gretna District Brenda H. Bowman Chatham-Blairs District Marshall Ecker Staunton River 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 recognized Boy Scout Troop#372 from Ringgold, Virginia that was attending the meeting to earn a merit badge. The Troop led the Pledge of Allegiance. Approval of Agenda Motion was made by Mr. Snead, seconded by Mr. Ecker, to approve the agenda with the following additions/deletions: Additions: (a) Tri-County Relicensing Committee Appropriation (b) Purchase of Service Weapon by Retiring Sheriff’s Deputy (c) Metropolitan Planning Organization Resolutions Deletion: Item #6-Local Representatives to the Virginia General Assembly Mr. Snead’s motion was unanimously approved by the Board. Hearing of the Citizens Mr. Matthew Speck of the Staunton River District thanked the Board of Supervisors for all they do for the citizens of the County and said a word of prayer. Ms. Faith Crews of the Staunton River District and education at Chatham Elementary School asked the Board to re-visit and consider imposing a Business Property and License Tax to help generate revenue for the County. Ms. Ellen Mayhew of the Callands-Gretna District and second grade teacher at Mt. Airy Elementary School made comments concerning lost positions at her school that she felt this would negatively impact the children and asked the Board to re-consider increasing school funding in the FY2012/13 budget. Ms. Lisa Amos, also of the Staunton River District, supported the previous comments made on school funding. Ms. Barbara Hudson of the Callands-Gretna District, made comments concerning the County’s ordinance on new waterlines requirements in comparison to how the Whispering Pines waterline was installed and; made comments concerning her opinion on how the Pittsylvania County Service Authority is not being properly managed. Regular Meeting April 2, 2012 Mr. Richard Shumate of the Westover District made comments opposing further development of the Mega Park, comments on the payback of grants funds that constructed the rail spur to Swedwood in the Cane Creek Industrial Park, comments opposing the proposed Solid Waste Fee, and comments opposing new waterline construction if people along the proposed waterline weren’t made to connect to the waterline once it was completed. Ms. Nancy Smith of the Tunstall District felt the Pittsylvania County Service Authority would be self-sufficient if when a waterline was installed, everyone along that waterline was required to connect. Ms. Smith made further comments regarding accountability of Comprehensive Services Act funds and that the citizens of the County need to become more active in checking out what’s going on with County government. Ms. Karen Maute of the Westover District thanked Mr. Hunt for promptly helping her with a Freedom of Information Request; asked if the County knew who was serving on the Department of Mines, Minerals and Energy’s (DMME) uranium committee and would like the Board of Supervisors to consider talking to Ms. Karen France at DMME and see if DMME would consider putting someone from Pittsylvania County on the uranium committee. Ms. Maute also said she would like to see the Board of Supervisors form a citizen committee on studying what kind of impact uranium mining would have in the County, and to compile findings from all the studies done thus far from other groups, and report back to the Board their findings. This concluded the Hearing of the Citizens. Consent Agenda a) Minutes: March 05, 2012 – Regular Meeting March 13, 2012 – Retreat March 14, 2012 – Retreat March 15, 2012 – Work Session March 15, 2012 – Joint Meeting – Pittsylvania County Board of Supervisors & Pittsylvania County Service Authority March 20, 2012 – Adjourned Meeting (b) Bill List – March 2012 (online) (c) Resolution – Bobby Burnett Motion was made by Mr. Ecker, seconded by Mr. Harville, to approve the Consent Agenda, which was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2012-04-02 VIRGINIA: At a regular meeting of the Pittsylvania County Board of Supervisors held in the General District Courtroom in Chatham, Virginia on Monday, April 2, 2012, the following resolution was presented and adopted. WHEREAS, Mr. Bobby P. Burnett has served as the Chatham-Blairs District representative on the Pittsylvania County Service Authority Board of Commissioners; and WHEREAS, Mr. Bobby P. Burnett has served Pittsylvania County on the Service Authority Board of Commissioners for 8 years, providing faithful service, wise counsel and expertise in providing water and sewer services in Pittsylvania County from 2004 until April 2012; and Regular Meeting April 2, 2012 WHEREAS, not only has Mr. Bobby P. Burnett represented the Chatham-Blairs District as a Commissioner for the Pittsylvania County Service Authority, but has also previously served the citizens of Pittsylvania County as the Chatham-Blairs District Representative to the Pittsylvania County Planning Commission for 13 years, beginning in 1983 until November 1, 1996; and also served on the Consumer Rationing Board; then BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors express their sincere appreciation to Mr. Bobby P. Burnett for his outstanding leadership, counseling and expertise on the behalf of the citizens of Pittsylvania County for his service as a Commissioner for the Pittsylvania County Service Authority; and BE IT FURTHER RESOLVED, that a copy of this Resolution be presented to Mr. Bobby P. Burnette on the behalf of the Pittsylvania County Board of Supervisors. New Business Motion was made by Mr. Ecker, seconded by Mr. Barksdale, to approve the Operation and Maintenance Agreement between the Pittsylvania County Board of Supervisors and the Pittsylvania County Service Authority, and authorize the County Administrator to sign on the behalf of Pittsylvania County, which was unanimously approved by the Board. This agreement was a requirement for closing out the Economic Development Authority grants for the sanitary sewer project to serve Lot 3 and Lot 9 at the Cane Creek Centre Industrial Park. Motion was made by Ms. Bowman, seconded by Mr. Harville, to set a public hearing for April 17, 2012 for a proposed amendment to Chapter 2-22; Running at Large Restrictions, to the Pittsylvania County Code for citizen input to include a petition of 51% of the property owners supporting a proposed animal controlled area of the Dogwood Estates Subdivision. Ms. Bowman’s motion was unanimously approved by the Board. Motion was made by Mr. Barksdale, seconded by Mr. Ecker, to approve Resolution 2012-04-01; a resolution supporting Piedmont BioProducts, LLC’s placement and construction of a full size bio refinery in Pittsylvania County. This resolution also conveys that should Piedmont BioProducts, LLC, apply for and receive research and development grant funds from the Tobacco Commission, Pittsylvania County would agree to serve as the required fiscal agent for the grant, with no fund being required from Pittsylvania County. Mr. Barksdale’s motion was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2012-04-01 At the regular meeting of the Pittsylvania County Board of Supervisors held in the General District Courtroom in Chatham, Virginia on Monday, April 2, 2012, the following resolution was presented and adopted. WHEREAS, Piedmont BioProducts, LLC is an existing renewable resource company that operates a model bioproducts research facility in the Callands-Gretna District of Pittsylvania County; and WHEREAS, Piedmont-BioProducts, LLC intends to build a full size operating bio- refinery within Pittsylvania County, Virginia; and Regular Meeting April 2, 2012 WHEREAS, the construction of this operating refinery will produce new jobs and additional tax base for Pittsylvania County, improving the economic vitality of the entire region; and WHEREAS, construction of this facility will open a new value added market for the agricultural sector of Pittsylvania County; then BE IT HEREBY RESOLVED, that the Board of Supervisors of Pittsylvania County confirms that it will support the building of this refinery on a site lawfully designated for such a facility in Pittsylvania County; and BE IT FURTHER RESOLVED, that the Board of Supervisors agree that this project is consistent with the Comprehensive Plan of Pittsylvania County; and BE IT STILL FURTHER RESOLVED, that in the event that Piedmont BioProducts, LLC applies for research and development funds from the Virginia Tobacco Commission, that Pittsylvania County will serve as the required local fiscal agent for the grant with no funds being required from Pittsylvania County. Motion was made by Mr. Snead, seconded by Mr. Harville, to approve four (4) livestock claims that had been investigated by the County’s Animal Control and found to be valid claims, that total $1,468.00, which was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Mr. Harville, to approve Resolution 2012- 04-03, Line of Duty Resolution, to Opt out of the Virginia Retirement System for the Line of Duty Act and approve VACORP as the provider for the Line of Duty Act coverage, and authorize the County Administrator to sign the resolution on the behalf of the Board of Supervisors, which was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2012-04-03 Irrevocable Election Not to Participate in Line of Duty Act Fund WHEREAS, pursuant to Item 258 of the 2010 Appropriation Act, paragraph B, the Virginia General Assembly has established the Line of Duty Act Fund (the “Fund”) for the payment of benefits prescribed by and administered under the Line of Duty Act (Va. Code § 9.1-400 et seq.); and WHEREAS, for purposes of administration of the Fund, a political subdivision with covered employees (including volunteers pursuant to paragraph B2 of Item 258 of the 2010 Appropriation Act) may make an irrevocable election on or before July 1, 2012, to be deemed a non-participating employer fully responsible for self-funding all benefits relating to its past and present covered employees under the Line of Duty Act from its own funds; and WHEREAS, it is the intent of Pittsylvania County to make this irrevocable election to be a non- participating employer with respect to the Fund; NOW, THEREFORE, IT IS HEREBY RESOLVED that Pittsylvania County irrevocably elects to be deemed a non-participating employer fully responsible for self-funding all benefits relating to its past and present covered employees under the Line of Duty Act from its own funds; and it is further Regular Meeting April 2, 2012 RESOLVED that the following entities: Pittsylvania County Sheriff’s Office Kentuck VFD Bachelors Hall VFD Laurel Grove VFD & Rescue Blairs VFD & Rescue Mt. Cross VFD & Rescue Brosville VFD Mt. Hermon VFD & Rescue Callands VFD & Rescue Renan VFD Cascade VFD Riceville-Java VFD Chatham VFD Ringgold VFD Climax VFD Riverbend VFD Cool Branch VFD Tunstall VFD & Rescue Dry Fork VFD 640 Rescue Gretna VFD Chatham Rescue Hurt VFD Cool Branch Rescue Keeling VFD Gretna Rescue Smith Mountain Marine Lake VFD to the best of the knowledge of Pittsylvania County, constitute the population of its past and present covered employees under the Line of Duty Act; and it is further RESOLVED, that as a non-participating employer, Pittsylvania County agrees that it will be responsible for, and reimburse the State Comptroller for, all Line of Duty Act benefit payments (relating to existing, pending or prospective claims) approved and made by the State Comptroller on behalf of Pittsylvania County on or after July 1, 2012 except for benefits paid on your behalf for FY 2012; and it is further RESOLVED, that as a non-participating employer, Pittsylvania County agrees that it will reimburse the State Comptroller an amount representing reasonable costs incurred and associated, directly and indirectly, with the administration, management and investment of the Fund; and it is further RESOLVED, that Pittsylvania County shall reimburse the State Comptroller no more frequently than on a monthly basis for amounts invoiced by the State Comptroller. Motion was made by Mr. Harville, seconded by Mr. Barksdale to amend the library’s budget and appropriate a total of $4,828.00 collected in fax machine receipts during the period of July 2011 to February 2012 to the books and subscriptions line item (100-4-073100-6012). 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. Motion was made by Mr. Harville, seconded by Mr. Snead, for the reappropriation of funds as follows: $60.00 to Sheriff-Parts (100-4-031200-6030), $65.00 to Sheriff-Wrecker Service (100-4-031200-3170), $146.52 to J&D Court-Copier Lease (100-4-021500-6005), $130.50 to Jail-Capital Outlay-Vehicle (100-4-033100-8105), $5.00 to Animal Control- Donations (100-4-035100-5883), $1,725.00 to Library-Bldg. Maint. Supplies (100-4-073100- 6007), $8,595.58 to Library-Computer Supplies (100-4-073100-6021), $12,883.06 to WIA-Rent (251-4-353160-5420), $170.00 to Industrial Development (325-4-081500-8223). This motion required a 10-Day Layover. Regular Meeting April 2, 2012 Motion was made by Mr. Snead, seconded by Ms. Bowman, to authorize the purchase of twelve (12) cushions from Church Interiors of High Point, North Carolina, for the benches in the Circuit Courtroom, at a total cost of $2,720.00 that will come from General Funds. 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. Snead’s motion was unanimously approved by the Board. Added Items Motion was made by Mr. Barksdale, seconded by Mr. Hagerman, to approve an appropriation of $10,000 for Pittsylvania County’s portion of committee operating funds for the Tri-County Relicensing Committee (line item 310-4-094150-818117). This motion required a 10-Day Layover. Motion was made by Mr. Snead, seconded by Mr. Harville, to approve Sheriff Taylor’s request that retired Deputy Sheriff Larry Morris be allowed to purchase his issued service weapon, in accordance with §59.1-148.3, Purchase of Handguns of Certain Officers, of the Code of Virginia, 1950, as amended, covers the circumstances pertaining to officers being allowed to purchase their issued service weapons and Sheriff Taylor’s request meets all the requirements of the State code. Mr. Snead’s motion was unanimously approved by the Board. Mr. Harville made a motion, seconded by Mr. Snead, to authorize the County Administrator to write letters of support to U.S. Congressman Robert Hurt; U.S. Senators Jim Web and Mark Warner; State Senators Bill Stanley and Frank Ruff; and State Delegates Danny Marshall, Don Merricks and Charles Poindexter, encouraging them to support keeping the Metropolitan Planning Organizations in place and funded. Mr. Harville’s motion was unanimously approved by the Board. Appointments Motion was made by Ms. Bowman, seconded by Mr. Ecker, to appoint Herschel Stone as the Chatham-Blairs representative to the Pittsylvania County Service Authority Board of Commissioners, which was unanimously approved by the Board. Board Announcements Mr. Snead thanked the Boy Scouts for attending the Board’s meeting; and thanked the teachers for their input. Mr. Harville also thanked the Boy Scouts for attending, and thanked their leaders for their contributions in shaping the lives of these young citizens. Mr. Harville also thanked the teachers for coming to the meetings and giving their views on budget concerns. Closed Meeting Motion was made by Mr. Snead, seconded by Mr. Harville, to go into Closed Meeting for the following purpose: Closed Session: Discussion or consideration of the acquisition of real property for a public purpose, or 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: §2.2-3711(A)(3) Code of Virginia, 1950, as amended Subject Matter: Recreation Purpose: Negotiation of Purchase of Real Property Regular Meeting April 2, 2012 Mr. Snead’s motion was unanimously approved by the Board. Closed Meeting began at 8:30pm. Motion was made by Mr. Snead, seconded by Mr. Harville, to return to Open Meeting, which was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the Regular Meeting of the Pittsylvania County Board of Supervisors on April 2, 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 of the departure. The statement shall be recorded in the minutes of the Board. Vote Jerry A. Hagerman Yes Marshall A. Ecker Yes Brenda H. Bowman Yes Coy E. Harville Yes James H. Snead Yes Jessie L. Barksdale Yes Tim R. Barber Yes The Board re-entered Open Meeting at 9:15pm. Adjournment Motion was made by Mr. Snead, seconded by Mr. Barksdale to adjourn the meeting, which was unanimously approved by the Board. The meeting adjourned at 9:16pm.