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08-20-2013 Adjourned MeetingAdjourned Meeting August 20, 2013 Pittsylvania County Board of Supervisors Tuesday, August 20, 2013 Adjourned Meeting VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, August 20, 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 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 The Honorable Brenda H. Bowman, Chatham-Blairs District, was absent due to illness. Mr. William D. Sleeper, County Administrator, Mr. J. Vaden Hunt, County Attorney, Mr. Odie H. Shelton, Jr., Director of Code Compliance, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Ms. Ecker led the Pledge of Allegiance. Approval of Agenda Motion was made by Mr. Harville, seconded by Mr. Barksdale to approve the agenda, which was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Hearing of the Citizens Larry Evans of the Staunton River District and Pastor for the Altavista Church of Christ gave his support to the Board of Supervisors concerning its current court case and offered a word of prayer. Don Scearce of the Chatham-Blairs District made comments concerning his charge for dumping illegal materials at a compactor site and comments on his upcoming court case, felt there were problems with Chapter 17 of the County’s ordinances on what is and is not legal to dump at compactor sites, and submitted pictures of the signs posted at compactor sites and his opinion of their inadequacies. Wayne Robertson of the Chatham-Blairs District, and School Board Representative for the Chatham-Blairs District, gave his personal views (not coming to represent the School Board) in the event of the development of industries at the Berry Hill Mega Park, and employment at those industries leads to population growth in the County, there could be a need for another high school, and it is Mr. Robertson’s hopes that the County would consider not disposing of the Blairs Community Center property so that it could be developed, if necessary, as a location for an additional high school. This concluded the Hearing of the Citizens. Consent Agenda Motion was made by Mr. Harville, seconded by Mr. Snead to approve the Consent Agenda, which was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Consent Agenda: (a) Presentation of Resolution - Dr. Carlyle Ramsey (b) Authorize Sale of Surplus Property Dr. Ramsey was in attendance and accepted the resolution from the Board of Supervisors concerning his recent retirement, thanking the Board. This resolution, 2013-07-02 had been approved by the Board of Supervisors at their regular meeting on July 1, 2013. Public Hearings Rezoning Cases Case 1: Marion Baptist Church & Parsonage – Callands/Gretna District; R-13-044 Mr. Ecker opened the public hearing at 7:19pm. Mr. Shelton explained that Marion Baptist Church & Parsonage had permitted to rezone a total of 2.874 acres, two parcels of land, located Adjourned Meeting August 20, 2013 on State Road 605/Marion Road, in the Callands-Gretna Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to combine with the adjacent parcels of land zoned A-1). The Planning Commission, with no opposition, recommended granting the petitioner’s request. No one was present to represent the case and no one signed up to speak. Mr. Ecker closed the public hearing 7:20pm. Mr. Hagerman made a motion, seconded by Mr. Barber, to rezone Case R-13-044 from R-1 to A-1 and the following Roll Call Vote was recorded: Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Absent; Mr. Barber-Yes; Mr. Harville-Yes; and Mr. Ecker-Yes. Mr. Hagerman’s motion to rezone Case R- 13-044 from R-1 to A-1 was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Case 2: Teresa J. Burnette – Westover District; R-13-045 Mr. Ecker opened the public hearing at 7:22pm. Mr. Shelton explained that Teresa Burnette had petitioned to rezone 0.37 of an acre, located on State Road 1009/Bennett Street, in the Westover Election District from B-2, Business District, General to R-1, Residential Suburban Subdivision District (for her personal residence). The Planning Commission, with no opposition, recommended granting the petitioner’s request. Ms. Burnette was present to represent the petition and no one signed up to speak. Mr. Ecker closed the public hearing at 7:22pm. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve rezoning Case R -13-045 from B- 2 to R-1 and the following Roll Call Vote was recorded: Mr. Barksdale-Yes; Mr. Hagerman- Yes; Ms. Bowman-Absent; Mr. Barber-Yes; Mr. Harville-Yes; Mr. Snead-Yes; and Mr. Ecker- Yes. Mr. Harville’s motion to rezone Case R-13-045 from B-2 to R-1 was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Case 3: Calvin E. Williams & Leonie Williams – Tunstall District; R-13-046 Mr. Ecker opened the public hearing at 7:24pm. Mr. Shelton explained that Calvin & Leonie Williams had petitioned to rezone 5.83 acres, located on State Road 622/West Fork Road, in the Tunstall Election District from RC-1, Residential Combined Subdivision District to A-1, Agricultural District (to subdivide the parcel for family members). The Planning Commission, with no opposition, recommended granting the petitioners’ request. Russell Nixon, surveyor, was present to represent the petitioners’ request. No one signed up to speak and Mr. Ecker closed the public hearing at 7:26pm. Motion was made by Mr. Barber, seconded by Mr. Barksdale, to approve rezoning Case R-13-046 from RC-1 to A-1 and the following Roll Call Vote was recorded: Mr. Hagerman-Yes; Ms. Bowman-Absent; Mr. Barber-Yes; Mr. Harville- Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; and Mr. Ecker-Yes. Mr. Barber’s motion to rezone Case R-13-046 from RC-1 to A-1 was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Case 4: Leonard A. Murray & Janet E. Murphy – Callands/Gretna District; R-13-047 Mr. Ecker opened the public hearing at 7:27pm. Mr. Shelton explained that Leonard Murray and Janet Murphy had petitioned to rezone 0.49 of an acre, located on Munsons Road, in the Callands-Gretna Election District from MHP, Residential Manufactured Housing Park District to A-1, Agricultural District (to make the zoning consistent with the adjacent parcel of land zoned A-1). The Planning Commission, with no opposition, recommended granting the petitioners’ request. Mr. Murray was present to represent the petition. No one signed up to speak and the following Roll Call Vote was recorded: Ms. Bowman-Absent; Mr. Barber-Yes; Mr. Harville- Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; and Mr. Ecker-Yes. Mr. Hagerman’s motion to rezone Case R-13-047 from MHP to A-1 was unanimously approved by the Board with the exception of Ms. Bowman who was absent. This concluded the Rezoning Cases. Presentations Ms. Laurie Moran, Executive Director for the Danville-Pittsylvania Chamber of Commerce, and Ms. Kate Farmer, Business Services Manager for the Danville-Pittsylvania Chamber of Commerce, presented the FY2012/13 annual report on Workforce Investment Program under the West Piedmont Planning District. The Honorable H.F. Haymore, Clerk of Court for the Pittsylvania County Circuit Court, presented the Board of Supervisors with a commemorative copy of the Harlan Bible gifted to the Board of Supervisors from the American Judicial Alliance of Retired Judges of America. The original Harlan Bible has been used to swear in every Supreme Court Justice of the United States since 1906. Pittsylvania County has been the first and only local government to receive this commemorative gift. Adjourned Meeting August 20, 2013 Motion was made by Mr. Snead, seconded by Mr. Barksdale, to approve Resolution 2013-08-08, which thanks the American Judicial Alliance of Retired Judges of America for their gift of a commemorative edition of the Harlan Bible to the Pittsylvania County Board of Supervisors and authorize the County Administrator to forward a copy to the Honorable Judge Darrell White, President of the Retired Judges of America, which was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Pittsylvania County Board of Supervisors RESOLUTION 2013-08-08 VIRGINIA: In the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia, the following resolution was presented and adopted by the Pittsylvania County Board of Supervisors at their adjourned meeting held on Tuesday, August 20, 2013: WHEREAS, the Honorable John Marshall Harlan, I, felt the need to have the Justices of the Supreme Court understand their ceremonial judicial oath, presenting to the Supreme Court of the United States a bible representing the inspiration of the Justices to administer justice without respect to persons; and WHEREAS, this bible has become known as the Harlan Bible maintained by the Supreme Court Curator; the Harlan Bible has been signed by over 60 Justices since 1906; none have declined the invitation to sign this bible; and WHEREAS, the representation of the Harlan Bible to the Courts of America represent the integrity of John Marshall Harlan’s legacy requiring that those who are charged with the responsibility of interpreting and carrying out the law, do so in line with the inspirational directives of their judicial oath of office, administering justice without respect to persons and ending the mandatory oath with “so help me God”; and WHEREAS, the Retired Judges of America, working through the American Judicial Alliance, has presented bibles to Courts throughout America since 2007 as commemorative references to the Harlan Bible maintained by the Supreme Court; and WHEREAS, the presentation of these bibles being ceremonial in nature should inspire the recipients; that this bible is virtually identical to the bible presented to the United States Supreme Court by Justice John Marshall Harlan, I, in 1906; and WHEREAS, the Retired Judges of American, through the American Judicial Alliance, has chosen to make a presentation to the Pittsylvania County Board of Supervisors of a commemorative copy of the Harlan Bible; and WHEREAS, this presentation is the first presentation of the Retired Judges of America, through the American Judicial Alliance, of a commemorative Harlan Bible to a local government; then BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors express their sincere appreciation for the honor given to them by the Retired Judges of America, through the American Judicial Alliance, of this presentation representing the influence that the bible has had on the American way of life and the principles of its government since the Founding Fathers; and BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Retired Judges of America for their consideration of the Pittsylvania County Board of Supervisors. Unfinished Business At the Board of Supervisors’ regular meeting on August 5, 2013, a motion was made by Mr. Barksdale, seconded by Ms. Bowman, for the reappropriation of 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), $1399.29 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 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-Absent; and Mr. Ecker-Yes. Mr. Barksdale’s motion was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Adjourned Meeting August 20, 2013 At the Board of Supervisors’ regular meeting on August 5, 2013, a motion was made by Mr. Snead and seconded by Ms. Bowman, that $185,343.85 be appropriated to Volunteer Fire and Rescue Communication Equipment line item (100-4-032200-8103) and $16,000 be appropriated to Volunteer Fire and Rescue-Data Management Software line item (100-4-032200- 8104). This 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-Absent; and Mr. Ecker-Yes. Mr. Snead’s motion was unanimously approved by the Board with the exception of Ms. Bowman who was absent. At the Board of Supervisors’ regular meeting on August 5, 2013, a motion was made by Mr. Barksdale and seconded by Ms. Bowman to appropriate an additional $8,125 to the Commissioner of Revenue’s budget from the State Compensation Board. This 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-Absent; and Mr. Ecker-Yes. Mr. Barksdale’s motion was unanimously approved by the Board with the exception of Ms. Bowman who was absent. New Business Motion came from the Fire and Rescue Committee to continue the current contract with Regional One during the negotiation process of a new contract, which was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Motion came from the Fire and Rescue Committee to approve the Med3000 Addendum to the current Business Associate Agreement between Med3000 and Pittsylvania County in order to ensure compliance with the Health Insurance Portability and Accountability Act (HIPPA) of the Omnibus Final Rule effective March 26, 2013, and authorize the County Administrator to sign all necessary documentation, which was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Motion came from the Solid Waste Committee to carry out the existing working contract dated July 1, 2013 through June 30, 2014, with Dewberry of Danville for Groundwater monitoring for Phase I and Phase II, including laboratory fees, for the Pittsylvania County Landfill, DEQ Permit #571, at a cost totaling $89,000; and authorize the County Administrator to sign all necessary documentation, which was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Motion was made by Mr. Barksdale, seconded by Mr. Snead, to approve a transfer of $7,100.00 from the non-departmental budget to the Library budget to cover the part-time salaries at the Welcome Center, which was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Motion was made by Mr. Barksdale, seconded by Mr. Snead, to carryover $3,877.29 received by the Circuit Court in May 2013 from the Compensation Board and amend and appropriate that amount to the FY2013/14 line item 100-4-021600-3161 of the Circuit Court Clerk’s Office. The following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Absent; and Mr. Ecker- Yes. Mr. Barksdale’s motion was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Motion was made by Mr. Snead, seconded by Mr. Barksdale, to award a bid on the Sheriff’s Department uniforms to Best Uniforms with a lump sum bid of $29,720.00, which was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Motion was made by Mr. Snead, seconded by Mr. Barber, to approve Change Order #1 on the installation of the Moses Building Standby Generator in the amount of $4,350.00, authorize the County Administrator to sign all necessary documentation, and directed the County Administrator to send a letter to both Dewberry of Danville, engineers for the project, and Elliot Electric Service, Inc., contractors for the project to share the cost in reimbursing the County for the $4,350.00 change order since the Board felt both should have contacted Dominion Power as the service provided and gotten Dominion’s requirements for service connection, which was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Adjourned Meeting August 20, 2013 Appointments Motion was made by Mr. Harville, seconded by Mr. Snead, to approve Ms. L. Ann Cassada, and Ms. Robin Haymore as Mr. James McDaniel’s official designees on the Pittsylvania County Community Policy Management Team, which was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Motion was made by Mr. Barksdale, seconded by Mr. Snead, to appoint Ms. Linda Simpson as the Town of Hurt’s representative on the Pittsylvania County Public Library Board of Trustees for a 4-year term that will begin immediately and end on June 30, 2017, which was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Motion was made by Mr. Barksdale, seconded by Mr. Harville, to re-appoint Mr. Wayne T. Wheeler to the Pittsylvania County Road Viewers as the Staunton River District representative for a 4-year term that would run from August 6, 2013 through August 5, 2017, which was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Adjournment Motion was made by Mr. Barksdale, seconded by Mr. Snead, to adjourn, which was unanimously approved by the Board. The meeting ended at 8:13pm. _______________________________________ Marshall A. Ecker, Chairman Pittsylvania County Board of Supervisors _______________________________________ William D. Sleeper, Clerk Pittsylvania County Board of Supervisors