Loading...
02-04-2013 regular meetingRegular Meeting February 4, 2013 Pittsylvania County Board of Supervisors Monday, February 4, 2013 Regular Meeting VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Supervisors was held on Monday, February 4, 2013 in the General District Courtroom of the Edwin R. Shields Addition in Chatham, Virginia. Marshall A. Ecker, Chairman, called the meeting to order at 7:03p.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. Harville led the Pledge of Allegiance. Approval of Agenda Motion was made by Mr. Harville, seconded by Mr. Barber, to approve the agenda with the following additions/deletions: Additions: (a) Proposed Amendments to the Board of Supervisors By-Laws-Motion came from the Legislative Committee at the Board of Supervisors meeting on January 22, 2013. (b) Virginia Association of Counties (VACo) – Mr. Harville (c) Resolution to Game & Inland Fisheries – Mr. Harville Deletions: (a) Item 11 – Virginia Tobacco Indemnification & Community Revitalization Commission Grant 2638 Mr. Harville’s motion was unanimously approved by the Board. Hearing of the Citizens Mr. Matthew Speck of the Staunton River District offered a word of prayer. Ms. Gloria Giovanelli of the Banister District thanked the Board for passing a resolution on the behalf of the citizens that opposed uranium mining and milling in Pittsylvania County, and thanked those Board members who traveled to Richmond in opposition of such mining and milling in the County. Mr. Merle Rutledge of the Chatham-Blairs District thanked Ms. Bowman for responding to her constituent concerning the billboard sign, and for her work on the Code of Ethics in the Board’s By-Laws. Mr. Rutledge then made comments concerning tickets issued by local law enforcement to an acquaintance of his while driving a farm use vehicle, and on the lack of proper training of local law enforcement. Regular Meeting February 4, 2013 This concluded the Hearing of the Citizens. Consent Agenda Motion was made by Mr. Harville, seconded by Mr. Barber, to approve the Consent Agenda, with submitted corrections to the minutes, and pulling Item C for separate approval, which was unanimously approved by the Board. Consent Agenda: (a) Minutes: January 7, 2013 – Re-Organizational Meeting January 15, 2013 – Work Session January 15, 2013 – Special Call Meeting January 22, 2013 – Adjourned Meeting January 23, 2013 – Special Call Meeting January 29, 2013 – Special Call Meeting January 29, 2013 – Joint Meeting: Pittsylvania County Board of Supervisors/Pittsylvania County School Board (b) Bill List – January 2013 (online) (c) Proclamation – Black History Month (d) Moses Building Stand-By Generator Mr. Harville’s motion was unanimously approved by the Board. Motion was made by Mr. Barksdale, seconded by Ms. Bowman, to approve Item C under the Consent Agenda, the Proclamation for Black History Month, which was unanimously approved by the Board. Mr. Ecker then read the proclamation. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS PROCLAMATION BLACK HISTORY MONTH February 2013 Whereas, the theme of this year’s celebration is “At the Crossroads of Freedom and Equality: The Emancipation Proclamation and the March on Washington”; and Whereas, 2013 marks the 150th and 50th year anniversaries, respectively, of two parallel events, occurring in 1863 and 1963; and Whereas, in 1863, President Abraham Lincoln issued the Emancipation Proclamation, freeing all slaves in the United States and beginning the journey to freedom and equality; and Whereas, a full century later, in 1963, hundreds of thousands of Americans participated in a March on Washington to assemble at the memorial to Abraham Lincoln and reemphasize the pursuit of freedom, equality, and justice; and Whereas, 2013 also marks the 50th anniversary of Dr. Martin Luther King, Jr.’s celebrated I have a Dream speech, which was delivered on the steps of the Lincoln Memorial during the March on Washington, with a message of justice and brotherhood; and Regular Meeting February 4, 2013 Whereas, the dream and hope of freedom, equality and fairness shared by President Lincoln and Dr. King, coupled with the hard and painstaking labor of countless Americans, both famous and ordinary, has brought us to a moment when the dream of equal opportunity is within reach for people of every color and creed; and Whereas, Black History Month is a time to tell of those stories of freedom won and honor the individuals who helped raise the pillars of democracy; then Now, Therefore, the Pittsylvania County Board of Supervisors do hereby proclaim the month of February as Black History Month in Pittsylvania County and that the Pittsylvania County Schools, County Libraries and all of the Citizens of Pittsylvania County are encouraged to make a special effort to research and acknowledge the contributions of President Lincoln, Dr. King, and of all the individuals who spoke, marched, toiled, and bled shoulder-to-shoulder, risking everything to realize the God-given rights of the basic principles of freedom, equality, and democracy for all races. Unfinished Business At the January 7, 2013 meeting of the Board of Supervisors, Mr. Hagerman had asked that the item concerning a Whistleblower Policy be removed from the agenda and revised by the County Attorney such that the County Administrator, the Chairman of the Board of Supervisors, and the County Attorney would be the panel of individuals that complaints should be directed to for review. A final draft of Policy XIII, Whistleblower Policy, for the Pittsylvania County Policy and Procedures Manual had now been brought back to the Board for this approval. Motion was made by Mr. Barksdale to approval Policy XIII, Whistleblower Policy, but failed for a lack of a second. Motion was made by Mr. Snead, seconded by Mr. Barksdale, to approve the submitted list of nominees for the proposed slate of Directors to the Pittsylvania County Agricultural Development Board, which was unanimously approved by the Board. At their meeting on January 22, 2013, a motion was made by Mr. Snead, seconded by Mr. Barber, to approve a request from the Honorable Samuel Swanson, Commissioner of Revenue, for the appropriation of $23,274.13 from unappropriated surplus to the Treasurer of Pittsylvania County, and authorization that the amount be paid back to Alltel Communications, LLC for 2011 taxes charged in error. This motion required a 10-Day Layover that had now been met. The following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Barber-Yes, and Mr. Ecker-Yes. Mr. Snead’s motion was unanimously approved by the Board. New Business Ms. Lillian Gillispie, Mr. Steve Watson, and Ms. Margie Dalton, representatives of the Staunton River Medical Center, Inc. Committee, appeared before the Board of Supervisors, requesting a contribution of $100,000.00 from the Board to Staunton River Medical Center, Inc., (a non-profit organization) who in turn would donate this money to assist in replacing medical equipment for Central Virginia Family Physicians that was lost in July 14, 2012 fire which destroyed the medical center. Staunton River Medical Center, Inc. stated they had only lost a computer in the fire, and that insurance had paid for the center to be re-built, but because of the age of the equipment, nothing was really helping in replacing the x -ray machine and other equipment Regular Meeting February 4, 2013 lost in the fire. Staunton River Medical Center, Inc. Committee members stated they had not yet sought out other alternatives such as grants, etc. to help fund the cost of this equipment. Motion came from Mr. Barksdale, seconded by Mr. Hagerman, to donate $50,000.00, with $25,000.00 coming from industrial development funds-Line Item 325-4-081500-82200, and $25,000.00 from remaining unused funds in the Orphanage Road/Jefferson Road waterline project-Line Item 310-4- 094150-818125, to be donated to Staunton River Medical Center, Inc. for the use of replacing medical equipment lost in the July 14, 2012 fire. Mr. Harville asked Mr. Hunt, County Attorney, should there not be an agreement, with a claw back provision drafted and signed. Mr. Barber suggested that the services of Mr. Greg Sides, Assistant County Administrator for Pittsylvania County, be given prior to the donation so that he may help the Staunton River Medical Center, Inc. Committee seek grants and alternative funding sources prior to the County donating the money. An amended motion was submitted by Ms. Bowman, seconded by Mr. Hagerman, to include in Mr. Barksdale’s motion to have a performance agreement with a lien on the equipment and that 20-25 jobs would be provided. The following Roll Call Vote was recorded: Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Barber-No; Mr. Harville-No; Mr. Snead-No; and Mr. Ecker-Yes. Mr. Barksdale’s amended motion passed by a 4-3 majority vote of the Board. Motion came from the Finance Committee to accept the 2012 County Audit performed by Robinson, Farmer & Cox, which was unanimously approved by the Board. Motion came from the Finance Committee to approve the Budget Calendar for 2013/14 as amended, which was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Barksdale, to approve a proposal from Dewberry Engineers, Inc. in the amount of $23,445.00 for the design and installation of four groundwater monitoring wells, and their submittal of necessary reports to the Department of Environmental Quality, and authorize the County Administrator to sign all necessary documentation, which was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Barksdale, for the reappropriation of funds as follows: $17,906.44 to Sheriff-Overtime (100-4-031200-1200), $199.67 to Clerk of Court-Copier Lease (100-4-021600-60051), $150.00 to Sheriff-DARE Supplies (100-4-031200- 6002), $60.00 to Sheriff-Parts (100-4-031200-6030), $250.00 to Sheriff-Svc Costs-Labor (100-4- 031200-6031), $26.39 to Volunteer Fire Department (VFD)-Telephone (100-4-032200-5230), $308.00 to VFD-United Way Contributions (100-4-032200-5567), $1,708.08 to Jail-Extradition (100-4-033100-5550), $18,001.49 to E911-Telephone (100-4-035500-5230), $260.00 to Library- Postage (100-4-073100-5210), $4,389.72 to Library-Computer Supplies (100-4-073100-6021), $12,984.98 to WIA-Rent (251-4-353160-5420), $5,487.74 to Memorial Gifts Fund-Furniture and Fixtures (265-4-073320-6003). This motion required a 10-Day Layover. Motion was made by Mr. Barksdale, seconded by Mr. Hagerman, to approve and appropriate $35,000.00 to line item 311-4-033400-5860 from the balance available from the Jail Inmate Management Fund to cover purchases and supplies for inmates in the jail. The following Roll Call Vote was recorded: Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Barber-Yes; Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; and Mr. Ecker-Yes. Mr. Barksdale’s motion was unanimously approved by the Board. Regular Meeting February 4, 2013 Motion was made by Mr. Harville, seconded by Mr. Barksdale, to approve the payment of $5,020.74 to the Blairs Volunteer Fire/Rescue Department that is listed in carryover funds in the 2013/14 budget, which was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Ms. Bowman, to award a contract to BenTTrees Industries in the amount of $8,756.92 as the lowest responsive bidder for doing caulking and sealing of the windows and masonry around the roof of the Moses Building, which was unanimously approved by the Board. Added Items Motion was made by Mr. Snead, seconded by Mr. Ecker, to appoint and approve any funding necessary for Mr. Coy Harville to serve on the 2013 Virginia Association of Counties (VACo) Nomination Committee and attend that committee’s meetings as necessary, which was approved by a 6-1 majority vote of the Board, with Mr. Hagerman opposing. Motion was made by Mr. Harville, seconded by Mr. Snead, to authorize the County Administrator to draft a resolution that is to be sent to the Department of Game and Inland Fisheries (DGIF), requesting that DGIF have a deer hunting schedule in Pittsylvania County (either-sex deer) from November 24, 2013 – January 5, 2014, which was unanimously approved by the Board. At the Board of Supervisors meeting on January 22, 2013, a motion came from the Legislative Committee for the following proposed amendments to the Board of Supervisors By- Laws, which required a 10-Day Layover that had now been met. (a) Section 2.1 – Meeting in Government Complex- to remove the section stating that all Board of Supervisors meetings must be held on the County Complex (b) Section 2.6 (i)-Agenda- To include “Presentations” as a section of the Agenda, immediately following the Public Hearing Section. (c) Section 2.6 (ii) – Consent Agenda – No person shall be permitted to address the Board more than once on the same subject in any one meeting, but may also address the Board once on more than one subject. (d) Section 2.11- Agenda Additions and Approval - Unless an emergency or timely action is required, items presented under this heading requiring action will be for future agenda items or for additional information from staff members only. No item presented under this heading or at any point during the meeting will be acted upon at the meeting at which presented. However, such item shall be scheduled for Board action at a subsequent meeting within a reasonable period of time or unless withdrawn by the advocate Board member. (e) Section 2.11 – the word “memorandum” is replaced with “executive summary” (f) 5.4 - The Chairman shall be authorized to temporarily participate, including voting, in any committee of the Board of Supervisors for the purpose of creating a quorum and/or action (g) Standards of Conduct- to be signed and returned to the County Administrator’s Office by members appointed to committees, boards and agencies within 30 days of recipient of the form. The motion was carried by a 4-3 majority vote of the Board, with Mr. Harville, Mr. Snead, and Mr. Barber opposing. Regular Meeting February 4, 2013 Closed Session Motion was made by Mr. Barksdale, seconded by Mr. Snead, to enter into Closed Session for the following: Discussion 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, 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) of the Code of Virginia, 1950, as amended Subject: Charles R. Hawkins Research Center Purpose: Discussion of Potential Transfer of Ownership The Board unanimously approved entering into Closed Session as 8:42pm. Motion was made by Mr. Barksdale, seconded by Mr. Harville, 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 Monday, February 4, 2013 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 Brenda Bowman Yes Marshall Ecker Yes Coy E. Harville Yes James H. Snead Yes Jessie L. Barksdale Yes Tim R. Barber Yes The Board returned to Open Session at 8:40pm. Adjournment Motion was made by Mr. Harville, seconded by Mr. Barber, to adjourn, which was unanimously approved by the Board. The meeting adjourned at 8:42pm.