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05-06-2013 regular meetingRegular Meeting May 6, 2013 Pittsylvania County Board of Supervisors Monday, May 6, 2013 Regular Meeting VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Supervisors was held on Monday, May 6, 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 7:00 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. 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. Harville, seconded by Mr. Barber, to approve the agenda with the following additions/deletions: Additions: Closed Sessions – (a) Discussion, consideration or interviews of perspective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, discipline or resignation of a specific public officer, appointees, or employees of any governing body. Authority: §2.2-3711(A)(1), Code of Virginia, 1950, as amended Subject: Industrial Development Authority Purpose: Discussion of Appointees or Resignation (b) Discussion, consideration or interview of proposed candidates for employment, assignment, appointment, performance, promotion, demotion, salaries, discipline or resignation of a specific public officer, appointees, or employees of any public body. Authority: §2.2-3711(A)(1), Code of Virginia, 1950, as amended Subject: County Administration Purpose: Consultation concerning Evaluation Deletions: Item 5(e) & Item 6 – Commendation Letter for James Snead & Presentation of Letter Item 12 - Change Order – E911 System Upgrade- Smith Mountain Site Mr. Harville’s motion was unanimously approved by the Board. Regular Meeting May 6, 2013 Hearing of the Citizens Rev. Larry Evans, Pastor of the Altavista Church of Christ, and of the Staunton River District, offered a word of prayer. Darlene Doss of the Staunton River District, made comments opposing uranium mining and offered a word of prayer. Diane Arnold, Director of the Longwood Small Business Development Center, asked the Board to re-consider reinstating some of the funding for her department that was cut from the recently approved FY2013/14 fiscal budget. Ms. Arnold stated that the Board approved adding $10,000 in funding for her department in the FY2012/13 fiscal budget and she hoped they would consider adding some funding to the recently adopted budget for the Longwood Small Business Development Center. Todd Sanders, School Board Representative for the Westover District, thanked the Board of Supervisors for approving the School Board FY2013/14 Fiscal Budget. Willie Fitzgerald of the Banister District and President of the Pittsylvania County local chapter of the National Association for the Advancement of Colored People (NAACP), and in speaking for himself, thanked the Board of Supervisors for not raising taxes to balance the budget; stated that he felt his rights were being violated when public prayer cannot be included at meetings and thanked the Board for their stand in defending his rights. Karen Maute of the Westover District thanked the Board for their adoption of a resolution opposing uranium mining in Pittsylvania County, made comments concerning the Chmura report, and asked the Board to seriously consider updating the County’s Comprehensive Plan, Zoning Ordinances, and Solid Waste Ordinances to include grandfathering in existing mining (like the sand mining operations currently done in the County) and prohibit new mining in the County. Phillip Lovelace of the Callands-Gretna District also thanked the Board for resolution concerning uranium mining that they adopted that favored keeping the ban on mining in place and supported Ms. Maute’s comments concerning updating the County’s Comprehensive Plan, and Zoning and Solid Waste Ordinances. This concluded the Hearing of the Citizens. Consent Agenda Motion was made b y Mr. Barber, seconded by Mr. Snead, to approve the Consent Agenda, which included the previously approved deletion of Item 5(e), and the addition to the April 16, 2013 minutes to include the removal that “all bids for the Landfill Compactor Bid Award were rejected due to a protest”, which was unanimously approved by the Board. Consent Agenda: (a) Minutes: April 1, 2013 Regular Meeting April 8, 2013 – Public Hearings – Proposed School Safety Initiative, and FY2013/14 Proposed School Budget and County Budget April 9, 2013 – Special Call Meeting April 16, 2013 - Adjourned Meeting (b) Bill List April 2013 (Online) (c) Proclamation – National Hurricane Emergency Preparedness Week (d) Proclamation – National Police Week 2013 (f) VPDES Permit No. VA0027715; Pittsylvania County Schools – Union Hall Elementary Sewage Treatment Plant (STP) Regular Meeting May 6, 2013 (g) VPDES Permit No. VA0027707; Pittsylvania County Schools – Mt. Airy Elementary School Sewage Treatment Plant (STP) (h) VPDES Permit No. VA0027685; Pittsylvania County Schools – Dan River High School Sewage Treatment Plant (STP) (i) Regional One – May (j) Request to hold a Candlelight Service at Pittsylvania County Fallen Officers’ Memorial site PITTSYLVANIA COUNTY BOARD OF SUPERVISORS PROCLAMATION HURRICANE PREPAREDNESS WEEK May 25-31, 2013 VIRGINIA: AT THE REGULAR MEETING OF THE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS IN THE GENERAL DISTRICT COURTROOM IN CHATHAM, VIRGINIA ON MONDAY, MAY 6, 2013, THE FOLLOWING PROCLAMATION WAS PRESENTED AND ADOPTED: WHEREAS, Virginia hurricane season officially begins June 1 and ends November 30; and WHEREAS, both public and private entities should develop emergency response and recovery plans in accordance with local jurisdictions and local emergency management offices; and WHEREAS, the National Weather Service and the Virginia Department of Emergency Management are designation the week of May 25-31, 2013 as Hurricane Preparedness Week in Virginia and in Pittsylvania County; and WHEREAS, the National Weather Service, the Virginia Department of Emergency Management, and the Pittsylvania County Board of Supervisors strongly suggest that all residents be made aware of the potential dangers of these storms; and WHEREAS, the best defense is preparedness and public education about the dangers of the high winds, flooding, and tornadoes that may occur for hundreds of miles i n conjunction with a hurricane or tropical storm; then THEREFORE, BE IT HEREBY PROCLAIMED that the Pittsylvania County Board of Supervisors do hereby proclaim May 25-13, 2013 as Hurricane Preparedness Week and urges all citizens of this County to participate in hurricane preparedness activities, to make a plan, prepare a kit and stay informed, paying close attention to weather watch and warning instructions. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS PROCLAMATION NATIONAL POLICE WEEK May 12-18, 2013 WHEREAS, the Congress and President of the United States have designated May 15 as Peace Officers Memorial Day, and the week in which it falls as Police Week; and Regular Meeting May 6, 2013 WHEREAS, the members of the law enforcement agency of Pittsylvania County plays an essential role in safeguarding the rights and freedoms of the citizens of Pittsylvania County; and WHEREAS, it is important that all citizens know and understand the problems, duties and responsibilities of their sheriff department, and that members of our sheriff department recognize their duty to serve the people by safeguarding life and property, by protecting them against violence or disorder, and by protecting the innocent against deception and the weak against oppression or intimidation; and WHEREAS, the Sheriff’s Department of Pittsylvania County has grown to be a modern and scientific law enforcement agency which unceasingly provides a vital public service; then NOW, THEREFORE, the Pittsylvania County Board of Supervisors call upon all citizens of Pittsylvania County and upon all patriotic, civil, and educational organizations to observe the week of May 12 through May 18, 2013, as Police Week with appropriate ceremonies in which all of our people may join in commemorating police officers, past and present, who by their faithful and loyal devotion to their responsibilities have rendered a dedicated service to their communities and, in doing so, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens; and FURTHERMORE, the Board of Supervisors calls upon all citizens of Pittsylvania County to observe Monday, May 13, 2013 as Peace Officers Memorial Day in Pittsylvania County in honor of those peace officers who, through their courageous deeds, have lost their lives or have become disabled in the performance of duty. UNFINISHED BUSINESS At the Board of Supervisors’ adjourned meeting on April 16, 2013, a motion was made by Mr. Harville, seconded by Mr. Barber, to award a contract to Powers Signs, Inc. of Danville, Virginia for $26,993.00 and to appropriate $16,000.00 to be received from the PPL Foundation of Friends to the Library to match the existing funds in the budget. Because the additional appropriation came from the General Fund, this motion required a 10-Day Layover that had now been met and 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. Harville’s motion was unanimously approved by the Board. NEW BUSINESS Motion was made by Mr. Snead, seconded by Mr. Barksdale, to authorize the County Administrator to negotiate a contract with Municode out of Tallahassee, Florida for the recodification of the Pittsylvania County Code, which was unanimously approved by the Board. Motion was made by Mr. Hagerman, seconded by Mr. Harville, to approve the Royal Flush Program for the pumping of sanitary sewer off of boats that are on Smith Mountain Lake submitted by the Tri-Lake Administrative Commission (TLAC), in the amount of $60,523; $15,131 of that amount being paid by the Smith Mountain Lake Association and the remainder paid by the Virginia Department of Health, which was unanimously approved by the Board. Motion was made by Mr. Hagerman, seconded by Mr. Harville, to approve the Memorandum of Understanding between the Virginia Department of Health, the Smith Mountain Regular Meeting May 6, 2013 Lake Association and the Tri-County Lake Administrative Commission for the Royal Flush Program 2013, which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Barksdale, that under a declaration of emergency at the Blairs Community Center covering the entire roof of this gym area in accordance with the requirements of §2.2-4308(F), Code of Virginia, 1950, as amended, and authorization for the County Administrator to have emergency repairs made, which the Board approved at their April 1, 2013 meeting, and after a second storm arrived on Friday, April 19, 2013, more roofing was damaged due to heavy winds and rain, to approve a contract with A.S. Pugh, Inc. for the additional roofing damage in amount of $26,656.00, noting less the required $1,000.00 deductible, this amount would be covered under the County’s property insurance. Mr. Harville’s motion was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Barksdale, to negotiate a contract with Edward N. Smither, Jr., as Financial Advisor for Pittsylvania County, on an hourly basis for a three (3) year contact that would be annually renewed, which was unanimously approved by the Board. Motion was made by Mr. Barber, seconded by Mr. Barksdale, to authorize the County Administrator to negotiate with the West Piedmont Planning District concerning on call services available for consulting services for industrial development grant applications, which was unanimously approved by the Board. Motion was made by Mr. Barksdale, seconded by Mr. Snead, to approve the consolidation of the existing Welcome Center (at the Chatham Train Depot) budget and the Library local budget since the same employees and other resources from the Library will be utilized to operate the Welcome Center, and noting these budgets have been consolidated in the FY 2013/14 budget, which was unanimously approved by the Board. Motion was made by Mr. Barber, seconded by Mr. Hagerman, to approve the following reappropriation of funds: $199.67 to Clerk of Court-Copier Lease (100-4-021600-60051), $940.00 to Sheriff-Parts (100-4-031200-6030), $1,621.20 to Sheriff-Labor (100-4-031200-6031), $1,658.04 to Jail-Extradition (100-4-033100-5550), $67.40 to Animal Control-Advertising (100- 4-035100-3600). $5,102.00 to E911-Telephone (100-4-035500-5230), $2,580.00 to CPMB-CSA Pool Program (100-4-053500-7003), $260.00 to Library-Postage (100-4-073100-5210), $12,984.98 to WIA-Rent (251-4-353160-5420). Mr. Barber’s motion required a 10-Day Layover. Motion was made by Mr. Harville, seconded by Mr. Snead, to give an additional 1% increase as of July 1, 2013 to comply with Governor McDonnell’s amendment in the Code of Virginia that ensures localities would not use Compensation Board funds to offset the required 1% VRS pay increase given by localities and to transfer the following funds from the Sheriff’s Salary line items in the amount of $33,774.00 to the other affected offices as follows, noting this transfer will not negatively impact the Sheriff’s Office 2014 budget: Commissioner of Revenue- $ 4,062; Treasurer-$3,998; Clerk of Court-$ 5,142;Commonwealth’s Attorney-$6,377 (Assistant Attorneys will only receive 3%); and Jail-$14,195, which was unanimously approved by the Board. Regular Meeting May 6, 2013 At the March 4, 2013 meeting of the Board of Supervisors, the Board approved a motion for the County to audit the County’s pay and classification plan and do a Request for Proposals (RFP) for that audit. This was approved unanimously by the Board of Supervisors. Immediatel y after that, a motion was made and seconded to have Mr. Barksdale spearhead a committee along with Mr. Sleeper to conduct and audit in-house instead of professional services to do a wage and labor study. Since that meeting, Mr. Barksdale had declined to spearhead such a committee and felt it should be done by an independent entity and not studied in-house, and because of this, Mr. Sleeper had brought this item back to the Board for their guidance on how he should proceed with the wage and labor study. Motion was made by Mr. Harville, seconded by Mr. Barber, to postpone action on this item, and Mr. Harville recommended Mr. Sleeper find either a college student or someone else to help him on this study rather than hire an outside firm, which was approved by a 6-1 majority vote of the Board, with Mr. Barksdale opposing. Appointments Motion was made by Ms. Bowman, seconded by Mr. Barber to appoint Mary Lee Black as the Chatham-Blairs representative on the Pittsylvania County Beautification Committee, which w as unanimously approved by the Board. Closed Session Motion was made by Mr. Barber, seconded by Mr. Snead, to enter into Closed Session for the following reasons: (a) Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; and consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. Authority: §2.2-3711(7), of the Code of Virginia, 1950, as amended. Subject: Barbara Hudson vs. Pittsylvania County Purpose: Consultation with legal counsel to discuss implications of Judge Urbanski’s Order/potential appeal options (b) Discussion, consideration or interviews of perspective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, discipline or resignation of a specific public officer, appointees, or employees of any governing body. Authority: §2.2-3711(A)(1), Code of Virginia, 1950, as amended Subject: Industrial Development Authority Purpose: Discussion of Appointees or Resignation (c) Discussion, consideration or interview of proposed candidates for employment, assignment, appointment, performance, promotion, demotion, salaries, discipline or resignation of a specific public officer, appointees, or employees of any public body. Authority: §2.2-3711(A)(1), Code of Virginia, 1950, as amended Subject: County Administration Purpose: Consultation concerning Evaluation Mr. Barber’s motion was unanimously approved by the Board and they entered into Closed Session at 8:00pm. Regular Meeting May 6, 2013 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 Monday, May 6, 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 re-entered into Open Session at 9:10pm. Adjournment Motion was made by Mr. Snead, seconded by Mr. Harville, to adjourn, which was unanimously approved by the Board. The meeting adjourned at 9:11pm. _______________________________________ Marshall A. Ecker, Chairman Pittsylvania County Board of Supervisors _______________________________________ William D. Sleeper, Clerk Pittsylvania County Board of Supervisors