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06-19-2012 Adjourned MeetingAdjourned Meeting June 19, 2012 Pittsylvania County Board of Supervisors Tuesday, June19, 2012 Adjourned Meeting VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, June 19, 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 7:07p.m. The following members were present: Tim Barber Tunstall District Coy E. Harville Westover District James Snead Dan River District Jessie L. Barksdale Banister 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. J. Vaden Hunt, County Attorney, Mr. Greg L. Sides, Assistant County Administrator for Planning and Development, Odie H. Shelton, Jr., Director of Code Compliance, 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 addition/deletion: Addition (a) Janitorial Services - Library Deletion Item 16 under New Business – Mt. Hermon Medical Center – Water & Sewer (removed at Mr. Harville’s request) Mr. Ecker’s motion was unanimously approved by the Board. Hearing of the Citizens Chairman Barber read the newly adopted amendment, Article 2.8.1-Hearing of the Citizens, of the Pittsylvania County Board of Supervisors’ By-Laws: 2.8.1 Hearing of Citizens shall be indentified on the agenda of regular meetings of the Board of Supervisors Each person addressing the Board shall be a resident or land owner of Pittsylvania County, or the registered agent of such resident or land owner. Each person 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. Speakers shall conclude their remarks at that time, unless the consent of the Board is affirmatively given to extend the speaker’s allotted time. 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 Adjourned Meeting June 19, 2012 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. No question shall be asked a Board member except through the Chairman. Mr. Matthew Speck of the Staunton River District gave the Board his support, thanked them for all they do for the citizens of the County, and offered a word of prayer. Mr. Wayne Robertson of the Chatham-Blairs District made comments in response to Mr. Harville’s article in the Star Tribune concerning the Solid Waste Fee. Mr. Robertson stated that as a property owner with renters, he did not feel it was his obligation to collect this fee from his renters and was opposed to the Solid Waste Fee. Mr. Richard Shumate of the Westover District made comments opposing the Solid Waste Fee, and made complaints that he had witnessed people from the City of Danville and North Carolina at the compactor site dumping their trash. Mr. James Dehart of the Westover District made comments concerning the $250,000 annual repayment for the next ten years by the County to the State of Comprehensive Services Act and believed the School Board should be making the full payment and not the County. Mr. George Stanhope of the Callands-Gretna District encouraged the Board to do away with the local authorities’ ability to issue bonds without referendums and to add to the night’s agenda to revoke the County payments towards moral obligation bonds made by local authorities. Ms. Christy Thomas of the Chatham-Blairs District asked the Board to reconsider the Solid Waste Fee. This concluded the Hearing of the Citizens. Consent Agenda (a) Regional One – July 2012 (b) Resolution for Bridge Replacement – (SR 628/Harmony Road) between SR 640/Renan Road and SR 668/Level Run Road Motion was made by Mr. Snead, seconded by Mr. Harville, to approve the Consent Agenda, which was unanimously approved by the Board. Public Hearings Rezoning Cases Case 1: Frank Keatts, Jr. & Sandra K. Keatts-Tunstall District; R-12-025 Mr. Barber opened the public hearing at 7:20pm. Mr. Shelton explained that Frank and Sandra Keatts had petitioned to rezone 2.51 acres, located on State Road 841/Medical Center Road, in the Tunstall Election District from B-2, Business District, General to RC-1, Residential Combined Subdivision District (to allow for placement of a single-wide mobile home on the property).The Planning Commission, with no opposition, recommended denying the petitioners’ request. Mr. & Mrs. Keatts were there to represent the petition. No one signed up to speak and Mr. Barber closed the public hearing at 7:21pm. Motion was made by Mr. Snead, seconded by Mr. Barksdale to approve rezoning Case R-12-025 from B-2 to RC-1. Mr. Barber stated that he was familiar with the area and supported the request to rezone the property as there were several single-wide mobile homes in the area and the rezoning would be consistent with other properties nearby. 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. Snead’s motion to rezone Case R-12-025 from B-2 to RC-1 was unanimously approved by the Board. Adjourned Meeting June 19, 2012 Case 2: Claude Davis Reynolds – Callands-Gretna District; R-12-026 Mr. Barber opened the public hearing at 7:23pm. Mr. Shelton explained that Claude Davis Reynolds has petitioned to rezone a total of 22.71 acres, three parcels of land, located on Highway 57/Callands Road and State Road 657/South Briar Mountain Road, in the Callands- Gretna Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to make the zoning consistent with the adjacent parcels of land).The Planning Commission, with no opposition, recommended granting the petitioner’s request. Claude Reynolds was there to represent the petition. No one signed up to speak and Mr. Barber closed the public hearing at 7:24pm. Motion was made by Mr. Hagerman, seconded by Ms. Bowman, to approve rezoning Case R-12-026 from R-1 to A-1 and 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. Hagerman’s motion to rezone Case R-12-026 from R-1 to A-1 was unanimously approved by the Board. This concluded the Rezoning Cases. Public Hearing to receive citizen input on an amendment to Chapter 31 of the Pittsylvania County Code, to allow for Fire Inspection Fees set by a schedule adopted annually by the Pittsylvania County Board of Supervisors. Mr. Barber opened the public hearing at 7:26pm. Mr. Sleeper explained during the budget process, the Pittsylvania County Fire Marshal presented a proposal to incorporate a fire inspection fee into the 2012/13 budget, which totals approximately $5000. The proposed FY2012/13 Pittsylvania County Budget that was advertised for the required public hearing included the proposed fire inspection fees. The Board approved the FY2012/13 budget at their regular meeting on May 7, 2012. The approval of the FY2012/13 budget that incorporated these fire inspection fees requires an amendment to Chapter 31 of the Pittsylvania County Code. No one signed up to speak and Mr. Barber closed the public hearing at 7:26pm. Motion was made by Mr. Ecker, seconded by Mr. Snead to approve amending Chapter 31 of the Pittsylvania County Code, allowing the Fire Inspection Fee schedule as adopted in the 2012/13 County Budget. The following Roll Call Vote was recorded: Mr. Ecker-Yes; Mr. Harville-No; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; and Mr. Barber-Yes. Mr. Ecker’s motion was approved by a 6-1majority vote of the Board with Mr. Harville in opposition. Adjourned Meeting June 19, 2012 Adjourned Meeting June 19, 2012 Adjourned Meeting June 19, 2012 Unfinished Business At the June 4, 2012 Regular Meeting of the Board, a motion made by Mr. Ecker, seconded by Mr. Barksdale for 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) that required a 10-day layover that has now met. The following Roll Call Vote was recorded: Mr. Ecker-Yes; Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes and Mr. Barber-Yes. Mr. Ecker’s motion was unanimously approved by the Board. At the June 4, 2012 Regular Meeting of the Board, a motion was made by Mr. Ecker, seconded by Mr. Hagerman, to amend the Jail’s budget and approve an appropriation of $225,000 from Unappropriated Surplus to line item 100-4-033100-3174 (Boarding of Prisoners- External) that required a 10-day layover that had now been met. The following Roll Call Vote was recorded: Mr. Harville-No; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Ecker-Yes; and Mr. Barber-Yes. Mr. Ecker’s motion was unanimously approved by the Board. At the June 4, 2012 Regular Meeting of the Board, a motion was made by Mr. Barksdale, seconded by Ms. Bowman, to the Jail’s budget and approve a total appropriation of $56,522.81 as follows: a total of $29,425.68 needs to be appropriated to the Jail’s telephone line item (100-4-033100-5230) and $27,097.13 needs to be appropriated to the Jail’s overtime line item (100-4-033100-1200). The following Roll Call Vote was recorded: Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Ecker-Yes; Mr. Harville-No and Mr. Barber-Yes. Mr. Barksdale’s motion passed by a 6-1 majority vote of the Board. New Business The Board of Supervisors presented Mr. Don Stickel, Building Official for Pittsylvania County, who after over 25 years of employment will be retiring from service for the County as of July 1, 2012, with a plaque of appreciation for his dedication and service to the citizens of Pittsylvania County. All the members of the Board thanked Mr. Stickel for all his hard work and wished him well in his retirement from the County. Motion came from the Finance Committee, who met with the Pittsylvania County School Board on Monday, June 11, 2012, to withhold $125,000 of the School Board’s reimbursement request for the School Board’s shared cost of the $250,000 Comprehensive Services Act (CSA) reimbursement to the State from Pittsylvania County, and to reimburse the Pittsylvania County Schools at total of $925,326.56 for CSA expenditures upfronted by the Schools; and approve the agreement with the Pittsylvania County School Board that the $250,000 CSA reimbursement to the State for the next ten (10) years be jointly repaid by the Board of Supervisors and the School Board at an annual cost of $125,000 each. A substitute motion was made by Mr. Harville to send the item back to the Finance Committee but failed for a lack of a second. Another substitute motion was made by Ms. Bowman, seconded by Mr. Harville, to send this back to the Joint Liaison Committee of the Board and School Board for further discussion. Mr. Ecker and Mr. Snead both agreed that the Board should stick with the Adjourned Meeting June 19, 2012 recommendation agreed upon by the Finance Committee at the June 11, 2012 meeting that was presented as the committee’s motion. Ms. Sherry Flanaghan, Chairman of the Community Policy Management Board (CPMB) explained that under the current procedures, the schools upfronting payment of CSA bills and the County then reimbursing payment is working excellently and helps keep all the checks and balances in place to avoid approving services that are not covered under CSA. The Board then voted on the substitute motion, which failed by a majority vote of 4 to 3, with Mr. Snead, Mr. Barksdale, Mr. Hagerman and Mr. Barber opposing the substitute motion. Another substitute motion was made by Mr. Ecker, seconded by Ms. Bowman, to shift the entire repayment of the $2.5 million of CSA funds to the schools, charging them $250,000 annually for ten (10) years, and to appropriate $800,326.56 to the schools for reimbursement of upfronted payment of CSA bills and retain $250,000 for the first year’s annual repayment of CSA funds. Mr. Ecker’s substitute motion passed by a 5-2 majority vote of the Board, with Mr. Snead and Mr. Barksdale in opposition. There were no recommendations from the Property and Building Committee. Motion was made by Ms. Bowman, seconded by Mr. Harville, to approve a contract totaling $48,100 with Reynolds-Clark Development, Inc. for civil engineering services for grading and site improvement for two lots in the Brosville Industrial Park and authorize the County Administrator to execute all necessary documents. Ms. Bowman’s motion was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Mr. Snead, to postpone Item #14 concerning the School Budget amendment, which was unanimously approved by the Board. Mr. Harville put the Board on notice that at the July 2, 2012 regular meeting of the Board of Supervisors he intends to enter a motion to rescind the Solid Waste Fee. Motion was made by Ms. Bowman, seconded by Mr. Ecker, to adopt an application policy for citizens to apply for politically appointed positions on boards, commissions, and agencies, subject to legal counsel amending the application to include a disclaimer; and after the final amendments have been made, the application be placed on the County’s website for citizens to access, and notice placed with the local media to alert citizens of the application process. Ms. Bowman’s motion was approved by a 5-2 majority vote of the Board, with Mr. Snead and Mr. Barber opposing. Added Items Motion was made by Mr. Snead, seconded by Mr. Harville, to award the bid for Janitorial Services for the Chatham and Gretna Public Libraries to Jani-King of Roanoke/Lynchburg at an annual cost of $11,450, which was unanimously approved by the Board. Appointments Motion was made by Ms. Bowman, seconded by Mr. Ecker, to appoint Mr. Bob Warren as the Chatham-Blairs District representative to the Danville-Pittsylvania Community Services Board of Directors for a term beginning July 1, 2012 through June 30, 2015, which was unanimously approved by the Board. Adjourned Meeting June 19, 2012 Motion was made by Mr. Hagerman, seconded by Mr. Snead, to re-appoint Ms. Janet Mease as the Callands-Gretna District representative to the Pittsylvania County Planning Commission for a new term that begins August 1, 2012 and ends July 31, 2016, which was unanimously approved by the Board. Motion was made by Ms. Bowman, seconded by Mr. Barksdale, to appoint seven (7) members to the Board of Assessors and submit nominee names at the July 2, 2012 regular meeting of the Board of Supervisors. A substitute motion was made by Mr. Harville, seconded by Mr. Snead, to have the County Administrator bring a report back at the July 2, 2012 Board of Supervisor meeting of the full cost for a seven (7) member board, using the payment method of the last Board of Assessors, which was comprised of four (4) members. Mr. Harville’s motion was approved by a 6-1 majority vote of the Board, with Mr. Barksdale opposing. Board Announcements Mr. Ecker stated there would be a Solid Waste Committee meeting on Monday, July 2, 2012. Ms. Bowman stated there would be an Animal Pound Committee meeting at 5:00pm on Monday, July 2, 2012. Mr. Hagerman stated he would be submitting a resolution for No Thru Trucks concerning rural roads in his district for the Board’s July 2, 2012 meeting. Mr. Harville asked the County Administrator for: (1) a full breakdown on costs when the Captain Martin Building was fully occupied by the offices that moved to the Olde Dominion Agricultural Center (ODAC) versus what the ODAC is costing the County, including the $1million spent on the waterline and sewer and; (2) all funding for departments that is above the mandated amount paid locally. Mr. Barber stated there would be a ribbon cutting for the Dollar General located in Brosville; the date and time would be forthcoming from Economic Development. Closed Meeting Motion was made by Mr. Harville, seconded by Mr. Ecker 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. Harville’s motion was unanimously approved by the Board and the Board of Supervisors entered into Closed Session at 8:24pm. Motion was made by Mr. Harville, seconded by Mr. Ecker, to return to Open Session. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the Adjourned Meeting of the Pittsylvania County Board of Supervisors on June 19, 2012 the Board hereby certifies by a recorded vote that to the best of Adjourned Meeting June 19, 2012 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 Marshall A. Ecker Yes Brenda H. Bowman Yes Jerry A. Hagerman Yes Coy E. Harville Yes James H. Snead Yes Jessie L. Barksdale Yes Tim R. Barber Yes The Board re-entered Open Session at 9:00pm. Adjournment Motion was made by Mr. Snead, seconded by Mr. Harville, which was unanimously approved by the Board. The meeting adjourned at 9:03pm.