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08-05-2013 regular meetingRegular Meeting August 5, 2013 Pittsylvania County Board of Supervisors Monday, August 5, 2013 Regular Meeting VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Supervisors was held on Monday, August 5, 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 7:01 p.m. The following members were present: Marshall Ecker Staunton River District Brenda H. Bowman Chatham-Blairs District Coy E. Harville Westover District James Snead Dan River District Jessie L. Barksdale Banister District Jerry A. Hagerman Callands-Gretna District Tim Barber Tunstall 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. Barksdale, seconded by Ms. Bowman, to approve the agenda with the following addition: Additions: (a) Closed Session-Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiation 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(A)(7) of the Code of Virginia, 1950, as amended Subject Matter: Barbara Hudson vs. Pittsylvania County Board of Supervisors Purpose: Briefing by Legal Counsel Deletions: (a) Strike Item #18; Motion to rescind motion that created Disciplinary Committee Mr. Barksdale’s motion was unanimously approved by the Board. Hearing of the Citizens Don Scearce of the Chatham-Blairs District had comments concerning a ticket he received after dumping what he said was scrap carpet into a compactor at the Mr. Hermon compactor site. Richard Shumate of the Westover District thanked the Board of Supervisors concerning their stand on the prayer issue and offered a word of prayer. This concluded the Hearing of the Citizens. Consent Agenda Motion was made by Mr. Barksdale, seconded by Mr. Hagerman, to approve the Consent Agenda, with the correction to the July 1, 2013 minutes correcting an error on Page 14 of the Board packet concerning a Roll Call Vote of the Main Motion of Item 7, Amendments to By- Laws, under Unfinished Business, that should have read Mr. Barksdale’s vote was “No”. Consent Agenda: (a) Minutes: July 1, 2013 Regular Meeting July 16, 2013 - Adjourned Meeting (b) Bill List July 2013 (Online) (c) Resolution – National Day to Serve (d) Resolutions to Virginia Department of Transportation (VDOT) – Rural Rustic Roads (e) Proclamation – National Farmers’ Market Week (f) Letter of Approval for Annual Sartomer Race Regular Meeting August 5, 2013 Mr. Barksdale’s motion was unanimously approved by the Board. Pittsylvania County Board of Supervisors RESOLUTION 2013-08-06 DAY TO SERVE VIRGINIA: At a meeting of the Pittsylvania County Board of Supervisors on Monday, August 5, 2013 in the General District Courtroom of the Edwin R. Shields Courthouse Addition, the following resolution was presented and adopted: WHEREAS, the Governors of Virginia, Maryland and West Virginia, and the Mayor of Washington, D.C. have come together to support “Day to Serve”; and WHEREAS, “Day to Serve” is a unique event that has inspired a diverse group of people of our larger region to set aside their political, religious and cultural differences to strengthen our collective communities by coming together to “feed the hungry, protect and enhance the environment, as well as strengthening our communities”; and WHEREAS, the Honorable Robert F. McDonnell, Governor of Virginia, has issued a proclamation encouraging all citizens of Virginia to participate in a Day of Service, between September 15-29, 2013; and WHEREAS, since the inaugural “Day to Serve” in 2012, this remarkable and unprecedented event swept from the state capital to local churches, schools, neighborhoods and families and resulted in over 750 community events with more than 14,000 volunteers, culminating in 26,000 hours of service rendered, resulting in over 600,000 pounds of food being donated to local food banks; and WHEREAS, the Governor of Virginia has requested Virginians redouble our efforts in 2013; then THEREFORE BE IT RESOLVED that the Pittsylvania County Board of Supervisors supports Governor McDonnell on this observance to call upon all faith based organizations, community organizations and Pittsylvania County residents to participate in a Day to Serve in their communities; and BE IT FURTHER RESOLVED, that Pittsylvania County Board of Supervisors encourages all of our West Piedmont Planning District local governments to adopt a similar resolution in their communities; and BE IT FINALLY RESOLVED that the Pittsylvania County Board of Supervisors calls upon the Metropolitan Washington Council of Governments and Virginia’s Planning District Commissions to adopt similar resolutions and encourage all local governments to support the “Day to Serve.” Pittsylvania County Board of Supervisors RESOLUTION 2013-08-02 VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors held in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia on Monday, August 5, 2013, the following resolution was presented and adopted: WHEREAS, Section 33.1-70.1 of the Code of Virginia, permits the hard surfacing of certain unpaved roads deemed to qualify for designation as a Rural Rustic Road; and WHEREAS, any such road must be located in a low-density development area and have no more than 1,500 vehicles per day; and Regular Meeting August 5, 2013 WHEREAS, the Board of Supervisors of Pittsylvania County, Virginia (“Board”) desires to consider whether Route 758 (Rose Street), From: Summerset Road/State Route 668 around Summerset Road/State Route 668 , a distance of 2.43 miles, should be designated a Rural Rustic Road; and WHEREAS, the Board is unaware of pending development that will significantly affect the existing traffic on this road; and WHEREAS, the Board believes that this road should be so designated due to its qualifying characteristics; and WHEREAS, this road is in the Board’s six -year plan for improvements to the secondary system of state highways. NOW, THEREFORE, BE IT RESOLVED, the Board requests that this road be hard surfaced and, to the fullest extent prudent, be improved within the existing right-of-way and ditch-lines to preserve as much as possible the adjacent trees, vegetation, side slopes, and rural rustic character along the road in their current state. BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Virginia Department of Transportation Residency Administrator. Pittsylvania County Board of Supervisors RESOLUTION 2013-08-03 VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors held in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia on Monday, August 5, 2013, the following resolution was presented and adopted: WHEREAS, Section 33.1-70.1 of the Code of Virginia, permits the hard surfacing of certain unpaved roads deemed to qualify for designation as a Rural Rustic Road; and WHEREAS, any such road must be located in a low-density development area and have no more than 1,500 vehicles per day; and WHEREAS, the Board of Supervisors of Pittsylvania County, Virginia (“Board”) desires to consider whether Route 755 (Mercury Road), From: Rockford School Road/State Route 665 to Marina Drive/State Route 642, a distance of 1.41 miles, should be designated a Rural Rustic Road; and WHEREAS, the Board is unaware of pending development that will significantly affect the existing traffic on this road; and WHEREAS, the Board believes that this road should be so designated due to its qualifying characteristics; and WHEREAS, this road is in the Board’s six -year plan for improvements to the secondary system of state highways. NOW, THEREFORE, BE IT RESOLVED, the Board requests that this road be hard surfaced and, to the fullest extent prudent, be improved within the existing right-of-way and ditch-lines to preserve as much as possible the adjacent trees, vegetation, side slopes, and rural rustic character along the road in their current state. BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Virginia Department of Transportation Residency Administrator. Regular Meeting August 5, 2013 Pittsylvania County Board of Supervisors RESOLUTION 2013-08-04 VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors held in t he General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia on Monday, August 5, 2013, the following resolution was presented and adopted: WHEREAS, Section 33.1-70.1 of the Code of Virginia, permits the hard surfacing of certain unpaved roads deemed to qualify for designation as a Rural Rustic Road; and WHEREAS, any such road must be located in a low-density development area and have no more than 1,500 vehicles per day; and WHEREAS, the Board of Supervisors of Pittsylvania County, Virginia (“Board”) desires to consider whether Route 644 (Cooksburg Road), From: Oxford Road/State Route 750 to existing pavement, a distance of 1.26 miles, should be designated a Rural Rustic Road; and WHEREAS, the Board is unaware of pending development that will significantly affect the existing traffic on this road; and WHEREAS, the Board believes that this road should be so designated due to its qualifying characteristics; and WHEREAS, this road is in the Board’s six -year plan for improvements to the secondary system of state highways. NOW, THEREFORE, BE IT RESOLVED, the Board requests that this road be hard surfaced and, to the fullest extent prudent, be improved within the existing right-of-way and ditch-lines to preserve as much as possible the adjacent trees, vegetation, side slopes, and rural rustic character along the road in their current state. BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Virginia Department of Transportation Residency Administrator. Pittsylvania County Board of Supervisors RESOLUTION 2013-08-05 VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors held in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia on Monday, August 5, 2013, the following resolution was presented and adopted: WHEREAS, Section 33.1-70.1 of the Code of Virginia, permits the hard surfacing of certain unpaved roads deemed to qualify for designation as a Rural Rustic Road; and WHEREAS, any such road must be located in a low-density development area and have no more than 1,500 vehicles per day; and WHEREAS, the Board of Supervisors of Pittsylvania County, Virginia (“Board”) desires to consider whether Route 749 (Cedar Road), From: Blue Ridge Drive/State Route 634 to Rockford School Road/State Route 665, a distance of 0.87 mile, should be designated a Rural Rustic Road; and WHEREAS, the Board is unaware of pending development that will significantly affect the existing traffic on this road; and WHEREAS, the Board believes that this road should be so designated due to its qualifying characteristics; and WHEREAS, this road is in the Board’s six -year plan for improvements to the secondary system of state highways. Regular Meeting August 5, 2013 NOW, THEREFORE, BE IT RESOLVED, the Board requests that this road be hard surfaced and, to the fullest extent prudent, be improved within the existing right-of-way and ditch-lines to preserve as much as possible the adjacent trees, vegetation, side slopes, and rural rustic character along the road in their current state. BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Virginia Department of Transportation Residency Administrator. Pittsylvania County Board of Supervisors PROCLAMATION NATIONAL FARMERS’ MARKET WEEK August 4-10, 2013 WHEREAS, shopping at a farmers’ market is a wholly unique experience that benefits farmers and producers directly, allowing them to go home with a greater share of the retail price than they would by selling wholesale; and WHEREAS, The Virginia Department of Agriculture and Consumer Services (VDACS) reports farmers’ markets in Virginia continue to grow in popularity, from 88 markets in 2006 to more than 230 markets this year-a growth of more than 160% in just seven years; and WHEREAS, the continued growth of Virginia’s farmers’ markets helps maintain agriculture as the Commonwealth’s number one industry with an economic impact of $52 billion annually and 357,000 jobs to its credit; and WHEREAS, by patronizing your local farmers’ market, you hand your money to the person who grew or made the products in front of you; and WHEREAS, farmers’ markets bring business to neighboring stores and communities where the market is located, and shopping at the markets keeps money circulating in the local community, helping to preserve and create local jobs; and WHEREAS, the Virginia Cooperative Extension reports show if each household in Virginia spent just $10 a week in locally grown agricultural products, consumers would invest an additional $4.65 billion back into the local economy each year; and WHEREAS, shopping at farmers’ markets offers the consumer fresher, more unique products, more heirloom varieties, and more opportunities to build relationships and learn about healthy eating; and WHEREAS, price comparison studies show that produce was less expensive at farmers’ markets compared to supermarkets, on average by 22%, benefitting both the local agriculture industry and the local consumer; and WHEREAS, shopping at farmers’ market located at the Olde Dominion Agricultural Complex is a community experience, where you can meet your neighbors, friends, and farmers, and where more dollars will stay in the Pittsylvania County community; then BE IT HEREBY PROCLAIMED by the Pittsylvania County Board of Supervisors that the week of August 4th thru 10th, 2013 be proclaimed “National Farmers’ Market Week” in Pittsylvania County and all citizens of Pittsylvania County are encouraged to visit local f armers’ markets and celebrate the benefits of the markets and their bountiful fresh produce and products. Unfinished Business At the Board of Supervisors’ adjourned meeting on July 16, 2013, a motion was made by Mr. Harville, seconded by Mr. Barksdale, for appropriations necessary to complete FY2013, totaling $932,260.12 that affect the following departments: Sheriff, Jail, Library, Schools and Capital Improvements, as outlined in the report provided by the Director of Finance. Mr. Harville’s motion required a 10-Day Layover that had now been met and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; and Mr. Ecker-Yes. Mr. Harville’s motion was unanimously approved by the Board. Regular Meeting August 5, 2013 At the Board of Supervisors’ adjourned meeting on July 16, 2013, a motion was made by Mr. Harville, seconded by Mr. Snead, to approve and appropriate the carryover funds from FY2013 budget to the FY2014 budget, totaling $1,009,326.96 and affects the following departments: Board of Supervisors, Independent Audit, Sheriff, Fire & Rescue, Jail, Animal Control, E911, Economic Development and Schools, as outlined in the report provided by the Director of Finance. Mr. Harville’s 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 A motion came from the Legislative Committee that the Board of Supervisors and the Planning Commission form a Joint Study Committee, along with strategic partners, to review set the Set Back Progress Report and make recommendations concerning ordinance changes, which was unanimously approved by the Board. A motion came from the Legislative Committee that the Board of Supervisors approved the draft County Credit Card Policy, as amended to include the Board of Supervisors’ approval date, and “that this policy cannot be changed without a vote of approval by the Board of Supervisors”, which was unanimously approved by the Board. Motion was made by Mr. Barksdale, seconded by Ms. Bowman, to approve the Dewberry & Davis, Inc. contract amendments for Phase I for the landfill gas monitoring at a cost of $3,400 and $3,400 for Phase II gas monitoring, for a total gas monitoring cost of $6,800 and the Dewberry & Davis, Inc. amendment the Engineering Services Agreement to provide the necessary storm water monitoring services at the Pittsylvania County Landfill for the next fiscal year, beginning July 1, 2013, for a lump sum of $7,000 and an additional estimated $2,500 in laboratory fees, for a total estimated cost of $9,500, but that the landfill groundwater monitoring program for Phase I and Phase II be put out to bid by Requests For Proposals (RFP) which was unanimously approved by the Board. Motion was made by Ms. Bowman, seconded by Mr. Barksdale, to ratify a sole source purchase of the Sandvik Coromant tools in the amount of $22,733.50 from Master Gage & Tool Co. of Danville, Virginia and charge the purchase to 325-4-081004-8102 Tobacco Grant/Vo- Tech Precision Machining Project, which was unanimously approved by the Board. Motion was made by Mr. Barksdale, seconded by Ms. Bowman, to approve Resolution 2013-08-07, supporting the request to the Department of Conservation and Recreation that the Banister River designation as a Virginia Scenic River be extended, and authorize the County Administrator to forward the resolution to the Department of Conservation and Recreation and request our local General Assembly representatives to serve as patrons for legislation to codify the new limits of the designation, which was unanimously approved by the Board. Pittsylvania County Board of Supervisors SCENIC RIVER DESIGNA TION – BANISTER RIVER RESOLUTION 2013-08-07 VIRGINIA: At a meeting of the Pittsylvania County Board of Supervisors on Monday, August 5, 2013 in the General District Courtroom of the Edwin R. Shields Courthouse Addition, the following resolution was presented and adopted: WHEREAS, the Virginia Scenic Rivers Program was enacted by the Virginia General Assembly in 1970 for the purpose of identification, protection, and preservation of certain rivers, or sections of rivers, which possess high quality natural beauty; and WHEREAS, the Virginia Department of Conservation and Recreation has been charged with administering the Scenic Rivers Program and developing an objective evaluation process to judge the suitability of river segments; and Regular Meeting August 5, 2013 WHEREAS, several Pittsylvania County residents joined staff from the Virginia Department of Conservation and Recreation to visit the Banister River and evaluate its eligibility for Scenic River designation; and WHEREAS, the Virginia Department of Conservation and Recreation completed its evaluation and determined that the portion of the Banister River under review in Pittsylvania County was found to qualify as a Virginia Scenic River; then THEREFORE, BE IT RESOLVED, that the Pittsylvania County Board of Supervisors does hereby support the designation of the Banister River, from the Route 29 bridge in Pittsylvania County to the point where the Banister River leaves the County at the Pittsylvania/Halifax County line, as a Virginia Scenic River; and NOW, THEREFORE, BE IT FURTHER RESOLVED, that Pittsylvania County will contact our General Assembly representatives to request that they serve as patrons for the legislation that will codify the Scenic River designation. Motion was made by Mr. Snead, seconded by Ms. Bowman, to appropriate $185,343.85 to the Volunteer Fire and Rescue Communication Equipment line item (100-4-032200-8103) and $16,000.00 be appropriated to the Volunteer Fire and Rescue-Data Management Software line item (100-4-032200-8104), which required a 10-Day Layover. Motion was made by Mr. Barksdale, seconded by Mr. Snead, to appropriate an additional $8,125.00 to the Commissioner of Revenue’s budget from the State Compensation Board, which required a 10-Day Layover. Motion was made by Mr. Hagerman, seconded by Mr. Barksdale, to amend the library state budget (250-073300) by $6,705.00 and also appropriate these funds for expenditure. The following Roll Call Vote was recorded: Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman- Yes; Ms. Bowman-Yes; Mr. Barber-Yes; Mr. Harville-Yes; and Mr. Ecker-Yes. Mr. Hagerman’s motion was unanimously approved by the Board. Motion was made by Mr. Barksdale, seconded by Ms. Bowman, to reappropriate funds as follows: $199.67 to Clerk of Court-Copier Lease (100-4-021600-60051), $215.30 to Sheriff- Subsistence & Lodging (100-4-031200-5530), $60.00 to Sheriff-Parts (100-4-031200-6030), $300.56 VFD-United Way Contributions (100-4-032200-5567), $1,339.29 to Jail-Extradition (100-4-033100-5550), $2,551.00 to E911-Telephone (100-4-035500-5230), $7,523.76 to WIA- Rent (251-4-353160-5420), $4,125.14 to Landfill-Engine Accessories (520-4-042300-6032). This motion required a 10-Day Layover. Motion was made by Mr. Hagerman, seconded by Mr. Harville, to send the Regional One contract renewal to the Fire and Rescue Committee, which was unanimously approved by the Board. Motion was made by Mr. Barksdale, seconded by Mr. Snead, to approve Resolution 2013-08-01, requesting the Virginia Department of Transportation to accepting the re-aligned road on State Road 1140 due to the construction on U.S. Route 58, which was unanimously approved by the Board. Pittsylvania County Board of Supervisors RESOLUTION 2013-08-01 The Board of Supervisors of Pittsylvania County, in regular meeting on the 5th day of August, 2013, adopted the following: WHEREAS, the Virginia Department of Transportation has completed project 6058-071-E15, C504), and WHEREAS, the project sketch and VDOT Form(s) AM4.3, attached and incorporated herein as part of this resolution, defines adjustments required in the Secondary System of State highways as a result of construction, and Regular Meeting August 5, 2013 WHEREAS, certain segments identified on the incorporated Form AM4.3 appear to no longer serve public convenience and should be abandoned as a part of the Secondary System of State Highways, and WHEREAS, certain segments identified on the incorporated Form AM4.3 are ready to be accepted into the Secondary System of State Highways, and NOW THEREFORE, BE IT RESOLVED, this board hereby requests the Virginia Department of Transportation to take the necessary action to abandon those segments identified on the attached AM4.3 Form and project sketch as a part of the Secondary System of State Highways, pursuant to §33.1-155, Code of Virginia, 1950, as amended, and BE IT FURTHER RESOLVED, this board requests the Virginia Department of Transportation to add the segments identified on the incorporated Form AM4.3 to the Secondary System of State highways, pursuant to §33.1-229 of the Code of Virginia, for which sections this Board hereby guarantees the right of way to be clear and unrestricted, including any necessary easements for cuts, fills, and drainage, and BE IT FINALLY RESOLVED that a certified copy of this resolution be forwarded to the Virginia Department of Transportation. Motion was made by Mr. Snead, seconded by Mr. Barksdale, to authorize the County Administrator to sign a Change Order submitted by Gamewood-Kimbanet, the County’s E-911 700Mhz Radio System contractor for the new tower sites, for required structural modifications to the Smith Mountain Williams Pipeline-Transco Tower Site in the amount of $89,022.00 that will be paid from the E-911 Loan Proceeds. Mr. Snead’s motion was unanimously approved by the Board. Motion was made by Mr. Hagerman, seconded by Mr. Harville, to appoint Ms. Marie Young as the Callands-Gretna District representative to the Danville-Pittsylvania Community Services Board of Directors, which was unanimously approved by the Board. Board Announcements Mr. Ecker directed that Mr. Barber set a Solid Waste Committee meeting, and directed Mr. Hagerman to set a Fire and Rescue Committee meeting. Closed Session Motion was made by Mr. Barksdale, seconded by Mr. Snead, to enter into Closed Session for the following: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiation 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(A)(7) of the Code of Virginia, 1950, as amended Subject Matter: Barbara Hudson vs. Pittsylvania County Board of Supervisors Purpose: Briefing by Legal Counsel Mr. Barksdale’s motion was unanimously approved by the Board and they entered into Closed Session as 7:54pm. Motion was made by Mr. Snead, seconded by Mr. Barksdale, to re-enter into 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 Monday, August 5, 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. Regular Meeting August 5, 2013 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 Mr. Snead’s motion was unanimously approved by the Board and they re-entered into Open Session at 8:03pm. Adjournment Motion was made by Mr. Barksdale, seconded by Mr. Snead, to adjourn the meeting, which was unanimously approved by the Board. The meeting adjourned at 8:04pm. _______________________________________ Marshall A. Ecker, Chairman Pittsylvania County Board of Supervisors _______________________________________ William D. Sleeper, Clerk Pittsylvania County Board of Supervisors