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09-03-2013 regular meetingRegular Meeting September 3, 2013 Pittsylvania County Board of Supervisors Tuesday, September 3, 2013 Regular Meeting VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, September 3, 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, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Ecker led the Pledge of Allegiance. Approval of Agenda Motion was made by Mr. Barber, seconded by Mr. Snead, to approve the agenda with the following additions/deletions: 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 open meeting would adversely affect the negotiation and litigating posture of the public body. Authority: 2-2.3711(A)(7), Code of Virginia, 1950, as amended Subject Matter: Barbara Hudson v. Pittsylvania County, Virginia and Board of Supervisors of Pittsylvania County, Virginia Purpose: Briefing by Legal Counsel (b) Letter of Support – Town Councilmen for Greece, New York (c) Proclamation – National Preparedness Month Deletions: (a) Strike Item #8; Tobacco Indemnification Commission (TIC) Project Tire Grant Appropriation Mr. Barber’s motion was unanimously approved by the Board. Hearing of the Citizens Matthew Speck of the Staunton River District thanked the Board for their continued stand on the prayer issue; stated the non-profit defense fund group continues to wait on receiving their non-profit status and thus decided to not accept any monies until the non-profit status was approved; and offered a word of prayer. Regular Meeting September 3, 2013 Merle Ruttledge of the Chatham-Blairs District made comments concerning an accident at the Chatham Middle School and condition around the school property he had concerns about. Don Scearce of the Chatham-Blairs District made comments about the solid waste ordinances concerning what can and cannot be placed at the compactor sites and his opinion on the ordinances being difficult to understand; and that is was inconvenient for the citizens to go to the landfill. This concluded the Hearing of the Citizens. Consent Agenda Motion was made by Mr. Barber, seconded by Mr. Hagerman, to approve the Consent Agenda, with the addition of the Proclamation of National Preparedness Month, and to pull the Proclamation on Countywide Cleanup During October 2013 to discuss under New Business with Item #12-Solid Waste Disposal for Saturday, October 19, 2013. (a) Minutes: August 5, 2013 – Regular Meeting August 20, 2013 – Adjourned Meeting (b) Bill List August 2013 (Online) Mr. Barber’s motion was unanimously approved by the Board. Pittsylvania County Board of Supervisors Proclamation National Preparedness Month September 2013 Whereas, “National Preparedness Month” creates an important opportunity for every resident of Pittsylvania County to prepare their homes, businesses, and communities for any type of emergency including natural disasters and potential terrorist attacks; and Whereas, investing in the preparedness of ourselves, our families, businesses, and communities can reduce fatalities and economic devastation in our communities and in our nation; and Whereas, the Federal Emergency Management Agency’s Ready Campaign, Citizens Corps, and other federal, state, local, tribal, territorial, private, and volunteer agencies are working to increase public activities in preparing for emergencies and to educate individuals on how to take action; and Whereas, emergency preparedness is the responsibility of every citizen of Pittsylvania County and all citizens are urged to make preparedness a priority and work together, as a team, to ensure that individuals, families, and communities are prepared for disasters and emergencies of any type; and Regular Meeting September 3, 2013 Whereas, all citizens of Pittsylvania are encouraged to participate in citizen preparedness activities and asked to visit websites of the Ready Campaign at Ready.gov or Listo.gov (in Spanish) and become more prepared; then Therefore, Be It Proclaimed that the Pittsylvania County Board of Supervisors hereby proclaims September 2013 as National Preparedness Month, and encourages all citizens and businesses to develop their own emergency preparedness plan, and work together toward creating a more prepared society. Presentations Mr. Bobby Gene Atkinson, Representative for the Dan River District on the Pittsylvania County Service Authority Board of Commissioners, introduced Mr. Christopher Adcock as the new Director for the Pittsylvania County Service Authority. New Business There were no recommendations for the Capital Improvements Plan Sub-Committee. Motion was made by Mr. Barber, seconded by Mr. Barksdale, for the reappropriation of funds as follows: $199.67 to Clerk of Courts-Copier Lease (100-4-021600-60051), $2,802.40 to Sheriff-Parts (100-4-031200-6030), $2,540.46 to Sheriff-Svc Costs-Labor (100-4-031200-6031), $278.13 to Jail-Extradition (100-4-033100-5550), $40.00 to Animal Control-Professional Services (100-4-035100-3110), $2,551.00 to E911-Telephone (100-4-035500-5230), $260.00 to Library-Postage (100-4-073100-5210), $8,691.09 to Library-Employment Contract (100-4- 073100-3171), $19,105.09 to WIA-Other Operating (251-4-353853-6014), $55,024.00 to WIA- Refunds (251-4-353856-5830), $398.00 to Memorial Gifts Fund-Books (265-4-073310-6012), $45,227.90 to Blairs Middle School Roof (310-4-094150-819133), $5,179.00 to Solid Waste Collections-Repairs & Maintenance (520-4-042300-3310). This motion required a 10-Day Layover. Motion was made by Mr. Snead, seconded by Ms. Bowman, to amend the library’s budget and appropriate $3,976.84 to the telephone line item (100-4-073100-5230). The following Roll Call Vote was recorded: Ms. Bowman-Yes; Mr. Barber-Yes; Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; and Mr. Ecker-Yes. Mr. Snead’s motion was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Barksdale, that $849.24 be appropriated to the FY 2013-2014 budget to the Local Emergency Planning Committee (LEPC) Expense line item (100-4-081200-5679) to help with the expenses incurred by this committee for training and other related expenses. The following Roll Call Vote was recorded: Ms. Bowman - Yes; Mr. Barber-Yes; Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman- Yes; and Mr. Ecker-Yes. Mr. Snead’s motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Ms. Bowman, to waive the tipping fees for solid waste deposited by citizens at the Pittsylvania County Landfill o n Saturday, October 19, 2013 from 10:00am until 2:00pm, noting the waiver is for citizens only and does not include commercial or contractor waste during that period; and to approve the Proclamation for October Regular Meeting September 3, 2013 2013 as Countywide Cleanup Month in Pittsylvania County, which was unanimously approved by the Board. Pittsylvania County Board of Supervisors Proclamation COUNTYWIDE CLEANUP During October 2013 “Keeping Our Communities Clean” Whereas, Pittsylvania County is rich in beauty and natural resources; and Whereas, the Board of Supervisors of Pittsylvania County and the Pittsylvania County Beautification Committee strive to improve the quality of life in our community through enhanced community awareness, education, and public/private partnerships working together on projects that keep our environment clean and free of debris, beautify our neighborhoods and public spaces, and instill pride and a sense of ownership in our community; and Whereas, every citizen can contribute to the protection and pr eservation of the beauty of Pittsylvania County by participating in a countywide cleanup campaign; and Whereas, Pittsylvania County Citizens realize a cleanup effort is needed to display pride in our community for ourselves, our visitors, and for industrial prospects; and Whereas, a countywide cleanup campaign will engage individuals to take greater responsibility for improving their community’s environment through the three main focus areas of litter prevention, waste reductions and recycling, and beautification; and Whereas, the Pittsylvania County Board of Supervisors will sponsor a “Take Your Trash to the Landfill On Us” from 10:00am until 2:00pm on Saturday, October 19, 2013, waiving tipping fees for citizens bringing their trash to the landfill on that day; then Now, Therefore, Be It Proclaimed, that the Pittsylvania County Board of Supervisors proclaims October 2013 as Countywide Cleanup Month in Pittsylvania County, Virginia, and encourages all communities, civic and professional groups, businesses, churches, schools, families and individual citizens to take an active role in making the communities in Pittsylvania County a more beautiful place to live, work and play. Motion was made by Mr. Snead, seconded by Ms. Bowman, authorizing Legal Counsel to request from the County Circuit Court a special election in November 2014 for the Commonwealth Attorney’s position in Pittsylvania County, which was unanimously approved by the Board. Regular Meeting September 3, 2013 Motion was made by Mr. Snead, seconded by Mr. Barksdale, to set a public hearing on September 17, 2013 at 4:30pm in the Main Conference Room of the Captain Martin Building located at 1 Center Street in Chatham, Virginia for citizen input on the use of funds from a Community Block Development Grant for site development purposes and set a second public hearing on September 26, 2013 at 5:30pm in the Main Conference Room of the Captain Martin Building located at 1 Center Street in Chatham, Virginia for citizen input on a proposed project application for Community Block Development Grant for site development purposes, which was approved by a 6-1 majority vote of the Board with Mr. Hagerman opposing. Motion was made by Mr. Barber, seconded by Mr. Barksdale, to approve an appropriation of $1,238.00 for the Byrne Justice Assistance Grant and approve transfer of $138.00 from the Sheriff’s Grant Local Match line item (100-4-031200-8109). The following Roll Call Vote was recorded: Ms. Bowman-Yes; Mr. Barber-Yes; Mr. Harville-Yes; Mr. Snead- Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; and Mr. Ecker-Yes. Mr. Barber’s motion was unanimously approved by the Board. Appointments Motion was made by Mr. Barksdale, seconded by Mr. Snead, to re-appoint Mr. Hubert Chambers to serve as the Banister District representative on the Pittsylvania County Road Viewers for a term that would begin on September 8, 2013 until September 7, 2017, which was unanimously approved by the Board. Items Added Motion was made by Mr. Barber, seconded by Ms. Bowman, to approve to sending a letter to the Town of Greece, New York, demonstrating the Board’s support for the Town’s historical stand for legislative prayer at government meetings and to amend the draft letter to said it was sent from the Pittsylvania County Board of Supervisors, which was unanimously approved by the Board. Board Announcements Mr. Barber announced there would be a Solid Waste Committee Work Session held at 6:00pm on September 26, 2013 in the Main Conference Room of the Captain Martin Building. Closed Session Motion was made by Mr. Snead, seconded by Ms. Bowman, 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 7:58pm. Regular Meeting September 3, 2013 Motion was made by Mr. Harville, seconded by Mr. Snead, 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 Tuesday, September 3, 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 Mr. Snead’s motion was unanimously approved by the Board and they re-entered into Open Session at 8:39pm. Motion was made by Mr. Barber, seconded by Ms. Bowman, to direct William Stanley, Legal Counsel for the Board in Barbara Hudson vs. Pittsylvania County Board of Supervisors, file the notice of appeal and a request for a stay in the case proceedings asking the Fourth U.S. Circuit Court of Appeals to hold off ruling in the case until the U.S. Supreme Court decides a similar public-prayer case involving the town of Greece, N.Y., which was unanimously approved by the Board. Adjournment Motion was made by Mr. Harville, seconded by Mr. Snead, to adjourn the meeting, which was unanimously approved by the Board. The meeting adjourned at 8:41pm. _______________________________________ James H. Snead, Chairman Pittsylvania County Board of Supervisors _______________________________________ Otis S. Hawker, Interim Clerk Pittsylvania County Board of Supervisors