06-04-2012 regular meetingRegular Meeting
June 4, 2012
Pittsylvania County Board of Supervisors
Monday, June 4, 2012
Regular Meeting
VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Supervisors was
held on Monday, June 4, 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
7:08p.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. J. Vaden Hunt, County Attorney, Mr.
Greg L. Sides, Assistant County Administrator for Planning and Development, 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. Ecker, seconded by Mr. Snead, to approve the agenda with the
following additions:
(a) Institute for Advanced Learning & Research - Appointment
(b) Virginia Department of Transportation – Support of Resolution (Transfer
SR863/Berry Hill Road to Primary System
(c) Virginia Department of Housing and Community Development – Community
Development Block Grant Application
(d) Proposed Amendment to Section 2.8 of Pittsylvania County Board of
Supervisors By-Laws
Mr. Ecker’s motion was unanimously approved by the Board.
Hearing of the Citizens
Mr. Matthew Speck of the Staunton River District made comments on what he felt was
an uncertainty and unrest facing the communities and the United States, and offered a word of
prayer for the Board of Supervisors.
Ms. Elizabeth Jones, of the Banister District and Chairman of the Pittsylvania County
Democratic Party, spoke to the Board concerning the lack of summer jobs and remedial
instruction available for the youth of Pittsylvania County. Ms. Jones encouraged the Board to
talk to the state legislators and congressmen about summer jobs for youths.
Mr. George Stanhope of the Callands-Gretna District made comments about authorities
and boards that issue bonds that aren’t voted on by the citizens of the County and asked the
Board to consider adding an item to the agenda for revoking the bond issuance authority from
these authorities to also eliminate paid boards.
Mr. David Gresham from Franklin County made comments honoring the constitutional
rights of citizens; promoting the Golden Rule as a true religion; and that the Board should stop
throwing away money on the religious issue and should drop the litigation.
This concluded the Hearing of the Citizens.
Regular Meeting
June 4, 2012
Consent Agenda
(a) Minutes: May 7, 2012 – Regular Meeting
May 15, 2012 – Adjourned Meeting
(b) Bill List – May 2012 (online)
(c) Watch for Children signs – Waller Lane
(d) Amendment to Resolution 2012-02-02 – No Thru Trucks
Motion was made by Mr. Snead, seconded by Mr. Ecker, to approve the Consent Agenda
with the following changes:
(a) On page 55 of the Board Packet, Minutes of May 15, 2012 Board of Supervisors
Adjourned Meeting, the adjournment times listed is 8:52pm and should be corrected to state
10:16pm as the adjourned time.
Mr. Snead’s motion was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION
2012-06-01
WHEREAS, the 1997 session of the General Assembly amended the Code of Virginia
with the addition of Section 33.1-210.2 which allows the installation of "Watch for Children"
signs; and
WHEREAS, the Pittsylvania County Board of Supervisors has received a request from
the residents of Waller Lane (State Road 839) in the Chatham-Blairs District; one sign to be
place on the beginning of Waller Lane at its entry off of SR 41/Franklin Turnpike, on the right
side of the highway between E911 addressing 264 Waller Lane and 306 Waller Lane, and the
second sign to be placed at the opposite end of Waller Lane, on the left side of the highway,
across from E911 addressing 748 Waller Lane; for the installation of these signs that would be
approximately 1.8 miles apart; and
WHEREAS, a review of this area indicates that it meets the criteria set forth by the
Virginia Department of Transportation,
NOW, THEREFORE, BE IT RESOLVED, that the Pittsylvania County Board of
Supervisors does hereby request the Commissioner of the Virginia Department of Transportation
to use funds from the Secondary Construction Budget to install "Watch for Children" signs at the
above noted location.
Given under my hand this 4th day of June 2012.
PITTSYLVANIA 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
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June 4, 2012
633 (Stone Road) from Manson Bridge until reaching State Route 668 (Grit Road) to gain access
to the Dominion Power Plant 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 on
Monday, February 6, 2012 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) from Manson Bridge until reaching State Route 668 (Grit
Road) with an alternate utilizing U.S. Route 29; and
WHEREAS, the Board held a public hearing on Monday, February 6, 2012, 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; and
WHEREAS, Pittsylvania County will use its good offices for enforcement of the proposed
restrictions by the appropriate local law enforcement agency; and
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
Route 633 (Clover Road) and State Route 633 (Stone Road) from 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 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.
Given under my hand this 4th day of June, 2012.
New Business
Motion was made by Mr. Ecker, seconded by Mr. Barksdale, to approve the
reappropriation of funds as follows: $1,260.00 to Circuit Court Clerk – Part-time (100-4-
021600-1300); $1,169.48 to Sheriff-Service Contracts (100-4-031200-3320); $351.65 to Sheriff-
Subsistence & Lodging (100-4-031200-5530); $6,568.13 to Sheriff-Parts (100-4-031200-6030);
$4,840.71 to Sheriff-Labor (100-4-031200-6031); $67.20 to Fire Marshal-Training & Education
(100-4-031700-5540); $1,222.29 to Extradition (100-4-033100-5550); $292.52 to E911-Service
Contracts (100-4-035500-3320); $708.74 to B&G-Service Contracts (100-4-043100-3320);
$7,324.11 to WIA-Rent (251-4-353160-5420). This motion required a 10-Day Layover.
Motion was made by Mr. Ecker, seconded by Mr. Hagerman, to amend the Jail’s budget
and approve an appropriation of $255,000 from Unappropriated Surplus to line item 100-4-
033100-3174 (Board of Prisoners-External). This motion required a 10-Day Layover.
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June 4, 2012
Motion was made by Mr. Barksdale, seconded by Ms. Bowman, to amend the Jail’s
Budget and approve a total appropriation of $56,522.81; $29,425.68 to line item (100-4-033100-
0520) Jail’s telephone and $27,097.13 to the Jail’s overtime line item (100-4-033100-1200).
This motion required a 10-Day Layover.
Motion was made by Mr. Snead, seconded by Ms. Bowman, to approve a transfer of
$6,500 from the CSU Outreach Line item (100-4-033300-3183) to Buildings & Grounds Repairs
and Maintenance line item )100-4-043100-3310), which was unanimously approved by the
Board.
Motion was made by Mr. Ecker, seconded by Ms. Bowman, to approve the following line
transfer, which includes a transfer of $1,975.57 from the Memorial Gift Fund to the Library local
budget, which was unanimously approved by the Board.
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June 4, 2012
Motion was made by Ms. Bowman, seconded by Mr. Barksdale, to postpone Item #11,
Comprehensive Services Act (CSA) Repayment, and refer this item to the Joint Liaison
Committee of the Board of Supervisors and School Board of Pittsylvania County. A substitute
motion was made by Mr. Harville, seconded by Mr. Ecker, to pay back ½ of the annual $250,000
($125,000) for the next ten years to the Commonwealth of Virginia, which would total
$2.5million over the ten year period and require the schools to pay $125,000 annual, the
remainder of the $250,000 annual payment to the Commonwealth of Virginia. The following
Roll Call Vote was recorded: Mr. Hagerman-No; Ms. Bowman-No; Mr. Ecker-Yes; Mr.
Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-No; and Mr. Barber-Yes. Mr. Harville’s substitute
motion passed by the Board’s majority vote of 4 to 3.
Motion was made by Mr. Harville, seconded by Mr. Snead, to approve the Articles of
Agreement Resolution #2012-06-03 that each subdivision with the Dan River Alcohol Safety
Action Program (ASAP) was being asked by Dan River ASAP to approve, and authorized the
County Administrator to sign on the behalf of the County and forward the resolution to Dan
River ASAP, which was unanimously approved by the Board.
RESOLUTION
2012-06-03
ARTICLES OF AGREEMENT
Concerning
DAN RIVER ALCOHOL SAFETY ACTION PROGRAM
These proposed Articles of Agreement are between the City of Danville, City of
Martinsville, County of Franklin, County of Henry, County of Patrick, County of Pittsylvania,
and Dan River Alcohol Safety Action Program, or any combination of the above-listed political
subdivisions approving these Articles, along with Dan River Alcohol Safety Action Program,
hereinafter referred to as Dan River ASAP.
WHEREAS, Dan River ASAP came into existence by resolution of the City Council of
Danville, Virginia, under the provisions §18.2-271.1, Code of Virginia 1950, as amended; and
WHEREAS, The City of Martinsville, Virginia, has agreed to be cash flow agency
(fiscal agent) for Dan River ASAP; and
WHEREAS, Dan River ASAP provides services to the courts of the City of Danville and
City of Martinsville, County of Franklin, County of Henry, County of Patrick, and County of
Pittsylvania, and develops programming and alcohol service delivery mechanisms that will
primarily serve to substantially reduce the number of highway hazards and accidents resulting
from the consumption of alcohol and drugs.
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WHEREAS, A Policy Board is established to govern and operate the Dan River ASAP,
BE IT AGREED:
1. A Policy Board of the Dan River ASAP shall be established whose purpose shall
be to develop and implement operational and personnel policies of the program in
keeping with the needs of the Courts, as they relate to drinking drivers, first time
drug offenders, and such other ancillary programs as may be approved by the
Board and necessitated by statutory changes of the Code of Virginia. The Policy
Board shall develop and adopt a set of by-laws for the Board to conduct the
business of Dan River ASAP as it serves the 21st & 22nd Judicial Districts; and
2. Appointees to serve as members of the Policy Board may be designated by each
political subdivision approving these Articles of Agreement. Each political
subdivision, after approving these Articles of Agreement, may appoint up to two
(2) members to the Policy Board, each to serve a three year term, with each
succeeding re-appointed member to serve a three year term; and
3. District Court Judges within the geographical area of the 21st and 22nd Judicial
Districts may be members of the Policy Board; and
4. Ex-officio member of the Policy Board shall be the Dan River ASAP Director;
and
5. The Policy Board of Dan River ASAP shall be and is empowered to employ the
Director of Dan River ASAP; implement personnel and operations policies for
Dan River ASAP in keeping with the provisions of the Commission on VASAP
Policy and Procedure Manual; develop and submit annual operational budgets for
the Dan River ASAP; solicit bids and execute contracts for services and in general
tend to the physical, financial and actual operation of Dan River ASAP. The
Policy Board shall be and is empowered to delegate such powers as it deems
necessary and/or advisable to the Director of the Dan River ASAP; and
6. Dan River ASAP shall be self-supporting or draw funds from Federal or State
grant funds in such manner as to insure there is, and will be, no financial liability
to any participating political subdivision; and
7. The Policy Board may also select members for the Policy Board from among
professional groups such as law enforcement, educational, medical and/or civic
groups concerned with highway safety; and
8. These Articles of Agreement shall remain in force until specifically revoked or
canceled by participating jurisdictions approving these Articles of Agreement.
Each political subdivision concurring with these Articles of Agreement and desiring to be
represented on the Policy Board of the Dan River ASAP should indicate their approval of these
Articles of Agreement by adoption of a resolution, a copy of which should be signed by the
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appropriate subdivision and submitted to the regional office of Dan River ASAP.
Revisions approved by the Dan River ASAP Policy Board on
Monday, September 26, 2011
Motion was made by Mr. Harville, seconded by Mr. Snead, to award a contract to
Functional Movement Systems (FMS) at a total cost of $17,370, as a sole source, for the
Sheriff’s Office Wellness Program – Phase II, with $9,000 of the cost covered under the
Byrne/JAG Grant (Rapid Deployment Team) and the balance of $8,370 charged to the Sheriff’s
local budget-line item 100-4-031200-311520-Wellness Program. Mr. Harville’s motion was
unanimously approved by the Board.
Motion was made by Ms. Bowman, seconded by Mr. Barksdale, for the Board to adopt
an application policy and process concerning citizen application for appointed positions, and
establishing ordinances that set up definitions of pay or no pay, similar to the Board of
Supervisors’ Chapter 22-Compensation for the Board of Supervisors, in the Pittsylvania County
Code. A substitute motion was made by Mr. Harville, seconded by Mr. Snead, to postpone this
item until revisions of the application were made and could be considered by the Board. Mr.
Harville’s substitute motion passed by the Board’s majority vote of 5-2, with Ms. Bowman and
Mr. Barksdale opposing.
Added Items
Motion was made by Mr. Harville, seconded by Mr. Snead, to re-appoint Glenda Clark as
the Pittsylvania County representative to the Board of Trustees for the Institute for Advanced
Learning and Research for a three-year term, beginning July 1, 2012 through June 30, 2015,
which was unanimously approved by the Board.
Motion was made by Mr. Harville, seconded by Mr. Ecker, to approve Resolution 2012-
06-02 supporting the transfer of the Berry Hill Road portion of SR 863 from the Secondary Road
System to the Primary Road System and authorize the County Administrator to make
adjustments as necessary, then forward to the Virginia Department of Transportation, which was
unanimously approved by the Board.
Motion was made by Mr. Snead, seconded by Mr. Harville, to agree to a funding grant
for a pre-treatment facility to be constructed in the Cane Creek Centre be prepared and submitted
by a private contractor, Joyce French, The French Connection, to the Virginia Department of
Housing and Community Development, through their Community Development Block Grant
(CDBG) for the cost of $500, which was unanimously approved by the Board.
Motion was made by Mr. Ecker, seconded by Ms. Bowman, to amend Article 2.8,
Hearing of the Citizens, of the Pittsylvania County Board of Supervisors By-Laws, in which
2.8.1 states that under Hearing of the Citizens, …“each person address the Board shall be a
resident or land owner of Pittsylvania County, or the registered agent of such a resident or land
owner; each person speaking shall step up, give his/her name and district in an audible tone of
voice for the record, and unless further time is granted by the Chairman, shall limit his/her
address to three (3) minutes; no person shall be permitted to address the Board more than two
(2) times on the same subject in any one (1) meeting; all remarks shall be addressed to the Board
as a body and not to any individual member thereof; no person, other than the Board and the
person having the floor, shall be permitted to enter into any discussion, either directly or
indirectly or through a member of the Board, without first being recognized by the Chairman;
and no question shall be asked by a Board member except through the Chairman”…. . It was
after discussion of the Board that Mr. Ecker amended his motion, seconded by Ms. Bowman, to
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remove the limitation of the entire period of Hearing of the Citizens to 15 minutes and remove
group speakers from the existing by-laws and retain everything else stated in the proposal for
Article 2.8.1. Mr. Ecker’s amended motion required a 10-Day Layover.
Appointments
Motion was made by Ms. Bowman, seconded by Mr. Harville, to appoint Shannon Hair
as the Private Sector representative on the Board of Directors for the Dan River Small Business
Development Center for a 2-year term beginning July 1, 2012 and ending June 30, 2014, which
was unanimously approved by the Board.
Motion was made by Mr. Ecker, seconded by Mr. Snead, to appoint Gerald Milliman as
the Staunton River District representative to the Board of Directors for Danville-Pittsylvania
Community Services with a 3-year term beginning July 1, 2012 and ending June 30, 2015, which
was unanimously approved by the Board.
Motion was made by Mr. Ecker, seconded by Mr. Hagerman, to appoint Michael Hudson
and replace Lucy Johnson (who was unable to fulfill her term) as the Staunton River District
representative on the Pittsylvania County Library Board of Trustees, with Mr. Hudson to begin
serving immediately until the term ends on June 30, 2015. Mr. Ecker’s motion was unanimously
approved by the Board.
Board Announcements
Ms. Bowman said she felt her first Town Hall meeting, held on May 31, 2012 at the
Spring Garden Elementary School was successful and would be planning more in the future. She
also stated that the Beautification Committee had made a application submittal to the Virginia
Association of Counties (VACo) 2012 Achievement Awards, in the environmental category.
Mr. Ecker stated that the Gretna Festival on May 26, 2012 was a success that was
enjoyed by everyone in attendance.
Closed Meeting
Motion was made by Mr. Snead, seconded by Mr. Harville, to enter into 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: §2.2-3711(A)(7) of the Code of Virginia, 1950, as amended
Subject Matter: Barbara Hudson vs. Pittsylvania County
Purpose: Briefing on Litigation Status
Mr. Snead’s motion was unanimously approved by the Board and the Board of Supervisors
entered into Closed Session at 8:13pm.
Motion was made by Mr. Harville, seconded by Mr. Snead, to return to Open Session.
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
CERTIFY CLOSED MEETING
BE IT RESOLVED that at the Regular Meeting of the Pittsylvania County Board of
Supervisors on June 4, 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
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June 4, 2012
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 8:50pm.
Adjournment
Motion was made by Mr. Snead, seconded by Mr. Ecker to adjourn the meeting, which
was unanimously approved by the Board. The meeting adjourned at 8:55pm.