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09-02-2016 Regular MeetingRegular Meeting September 6, 2016 Pittsylvania County Board of Supervisors Tuesday, September 6, 2016 Regular Meeting VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, September 6, 2016 in the General District Courtroom of the Edwin R. Shields Addition in Chatham, Virginia. Jessie L. Barksdale, Chair, called the meeting to order at 7:00 p.m. The following members were present: Jessie L. Barksdale Banister District Elton W. Blackstock Staunton River District Tim Barber Tunstall District Ronald S. Scearce Westover District Jerry A. Hagerman Callands-Gretna District Robert W. Warren Chatham-Blairs District Joe B. Davis Dan River District Mr. Clarence C. Monday, County Administrator, Mr. J. Vaden Hunt, County Attorney, Mr. Greg L. Sides, Assistant County Administrator for Planning and Development, Mr. Matthew Rowe, Director of Economic Development, Ms. Kim Van Der Hyde, Director of Finance, Ms. Lisette Jordan, Human Resource Manager, Mr. Cory Stephens, Programs Manager for Parks and Recreation, Katie Millner, CSA Coordinator, and Ms. Rebecca Flippen, Deputy Clerk to the Board were also present. Mr. Barksdale led the Moment of Silence, and then the Pledge of Allegiance. Approval of Agenda Motion was made by Mr. Barber, seconded by Mr. Warren, to approve the agenda, which was unanimously approved by the Board. Hearing of the Citizens No one signed up to speak. Consent Agenda Motion was made by Mr. Blackstock, seconded by Mr. Barber, to approve the Consent Agenda, which was unanimously approved by the Board of Supervisors. (a) Minutes: August 1, 2016 – BOS Regular Meeting August 16, 2016 – BOS Adjourned Meeting (b) Bill List – August 2016 (Online) (c) 2016/17 Youth Commission – Appointments (d) Ratification of Letter of Support: VDH Grant Application for funding Virginia International Raceway (VIR) Interconnection (e) Amended Section 125 Flexible Benefit Plan Adoption Agreement (f) Resolution – Intertape Polymer Group (IPG); Winner of the Environmental Protection Agency’s (EPA) Virginia NASCAR E3 Challenge (Energy-Economy-Environment) Award Regular Meeting September 6, 2016 Mr. Cory Stephens, Programs Manager for Parks & Recreation, introduced the newly appointed 2016/17 Youth Commission, whose appointment terms begin August 1, 2016 thru July 31, 2017: Connie Weaver - Tunstall High School Mallorie Patrick - Tunstall High School Johnte Lipford - Gretna High School Lauryn Jones - Gretna High School TaCoreia Webb - Dan River High School Josh Miller - Chatham High School Also, the following Youth Advisory Board members were reappointed with terms beginning August 1, 2016 thru July 31, 2017: Carly Pearce, Lesley Villarose, Laurie Moran, Shannon Hair, Mike Taylor, W. Neal Oakes, and Jessie L. Barksdale. Pittsylvania County Board of Supervisors RESOLUTION 2016-09-02 Intertape Polymer Group Winner of the Environmental Protection Agency’s Virginia NASCAR E3 Challenge Award VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors held on September 6, 2016, in the General District Courtroom of the Edwin R. Shields Courthouse Addition, the following resolution was presented and adopted: WHEREAS, Intertape Polymer Group (IPG) is a recognized leader in the development, manufacture and sale of paper and fiber based tapes, as well as polyethylene and specialized polyolefin fibers; and; WHEREAS, IPG located a manufacturing facility in Pittsylvania County in 1987 and a distribution facility in 2004; and; WHEREAS, IPG has steadily grown and improved its operations in the County, now employing approximately 300 people; and WHEREAS, the principles of continuous improvement, along with increased efficiency in energy costs and reduced environmental impacts have been embraced by the overall corporation and particularly by the Pittsylvania County facility; and WHEREAS, the efforts and actions of the Pittsylvania County IPG facility have been recognized through prestigious national awards from the Energy Star program and the Virginia NASCAR E3 Green Challenge; and WHEREAS, these awards specifically recognized the company’s reductions in energy use and greenhouse gas emissions; additionally the efforts have also reduced energy costs to make the Pittsylvania County IPG facility more economically successful; then Regular Meeting September 6, 2016 BE IT RESOLVED, that the Pittsylvania County Board of Supervisors expresses its congratulations to Intertape Polymer Group (IPG) for their national energy efficiency awards and its appreciation for the great economic benefits the local IPG operation brings to Pittsylvania County. BE IT FURTHER RESOLVED that a copy of this resolution be presented to representatives of Intertape Polymer Group (IPG). Public Hearings Public Hearing as required by §15.2-1800(B) of the Code of Virginia, 1950, as amended, to receive citizen input on the proposed execution of a lease between the Pittsylvania C ounty Board of Supervisors and the Trustees of United Steelworkers Local Union 9428 of approximately 1,100 square feet of the premises located at 123 Tightsqueeze Industrial Road, Chatham, Virginia 24531, a publicly owned building, for use as Union meeting and office place. Mr. Barksdale opened the public hearing at 7:14pm. Mr. Monday explained that at a recent Pittsylvania County Board of Supervisors’ (“BOS”) meeting, the BOS authorized the purchase of real property located at 123 Tightsqueeze Industrial Road, Chatham, Virginia (the “Premises”), utilizing Sheriff asset forfeiture money. The Sheriff will utilize the building primarily for storage purposes. The Trustees of United Steelworkers Local Union 9428 seek to continue to lease approximately 1,100 square feet on the Premises for use as a Union meeting and office place. Mr. Monday stated that since the Premises is now publicly owned, per Virginia Code § 15.2-1800(B), a public hearing is required before execution of the Agreement. No one signed up to speak and Mr. Barksdale closed the public hearing at 7:15pm. For the purpose of discussion a motion was made by Mr. Blackstock, seconded by Mr. Barber, to approve the Agreement. Mr. Warren stated that he was very concerned about the language in Items 5 & 6 of the Agreement. His concerns related to the Lessor's responsibility of water and electricity, and the language of insurance coverage. Mr. Warren made a substitute motion, seconded by Mr. Barber, to table this issue, have the County Attorney clean up the language in these two sections, and then bring the Agreement back to the Board of Supervisors for their consideration. Mr.Warren's substitute motion was unanimously approved by the Board. Public Hearing to receive citizen input on potentially chang ing the County’s current Merchants’ Capital Tax assessment method from $2.75 per $100 of assessed value, 30% of original value; to the following: MERCHANTS’ CAPITAL TAX Mr. Barksdale opened the public hearing at 7:23pm. Mr. Monday explained that a recent P ittsylvania County Board of Supervisors' (` BOS") Finance Committee Meeting, the BOS determined it potentially desired to change the way the County assesses its Merchants' Capital Tax from its current assessment method, $ 2. 75 per $ 100 of assessed value, 30% of original value; to the following: MERCHANTS’ CAPITAL TAX $2.75 rate (applied to all below tiers; effective January 1, 2016) Tier 1 Tier 2 Tier 3 30% of original inventory cost 10% of original inventory cost 5% of original inventory cost $1 to $1,000,000 $1,000,001 to $5,000,000 $5,000,001 to unlimited $2.75 rate (applied to all below tiers; effective January 1, 2016) Tier 1 Tier 2 Tier 3 30% of original inventory cost 10% of original inventory cost 5% of original inventory cost $1 to $1,000,000 $1,000,001 to $5,000,000 $5,000,001 to unlimited Regular Meeting September 6, 2016 with an effective date of January 1, 2016. The first person to sign up to speak was John Merricks of the Dan River District. Mr. Merricks thanked the Board for making this amendment which was easy the burdern of taxes on his business located in Ringgold, and in doing so, he would not have to move his business out of the County plus this amendment also helped save the 50 jobs his company fills. The last person to speak was Mr. Edmund Milam, who opposed the Merchant's Capital Tax and its methodology all together. Mr. Milam stated it was likely he would move his business out of the County, and could cost 50 -75 people their jobs. No one else signed up to speak and Mr. Barksdale closed the hearing at 7:29 pm. Motion was made by Mr. Blackstock, seconded by Mr. Davis, to approve the amendment as presented and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-No; Mr. Blackstock-Yes; Mr. Scearce - Yes; Mr. Davis-Yes; Mr. Warren - Yes; and Mr. Barksdale-Yes. Mr. Blackstock-s motion passed by a 6-1 majority vote, with Mr. Hagerman opposed. Mr. Blackstock publicly stated many comments had been said about the Commissioner of Revenue's office and this tax, and he wanted it clear to the public that Ms. Shirley Hammock, Commissioner of the Revenue, has only been following the ordinance's methodology on this tax that the Board of Supervisors adopted and had been approving each year. RESOLUTION 2016-09-01 A RESOLUTION TO AMEND RESOLUTION 2016-04-01 ______________________________________________________________________________ WHEREAS, on April 4, 2016, the Pittsylvania County Board of Supervisors (the “Board”) approved Resolution 2016-04-01, adopting and appropriating a County budget for Fiscal Year 2016, that included a tax levy for “Capital Merchant Tax” at “$2.75 per $100 of assessed value, 30% of inventory value;” and WHEREAS, on September 6, 2016, the Board, following a duly advertised and lawfully conducted public hearing, by an affirmative majority vote, approved the following revision to the County’s Merchants’ Capital Tax assessment methodology, effective January 1, 2016: MERCHANTS’ CAPITAL TAX NOW THEREFORE, BE IT RESOLVED BY THE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS, that Resolution 2016-09-01 hereby amends Resolution 2016-04-01 as described above. $2.75 rate (applied to all below tiers; effective January 1, 2016) Tier 1 Tier 2 Tier 3 30% of original inventory cost 10% of original inventory cost 5% of original inventory cost $1 to $1,000,000 $1,000,001 to $5,000,000 $5,000,001 to unlimited Regular Meeting September 6, 2016 Public Hearing, pursuant to Virginia Code §15.2-2507 to hear citizen input on proposed amendments to the county budget for fiscal year 2017 Mr. Barksdale opened the public hearing at 7:37 pm. Mr. Monday stated that this public hearing is necessary because amendments to the 2017 budget exceeded 1% of the fiscal budget and the amendments developed as follows: (a) At the 8-16-16 adjourned meeting, the Board of Supervisors was asked to consider appropriating a total of $103,271.90 to increase the employer’s share of health insurance coverage for County employees for the upcoming plan year. A motion came from the Finance Committee which does not require a second. It has met the 10-Day Layover requirement and will require a Roll Call vote. (b) At the 8-16-16 adjourned meeting, the Board of Supervisors was asked to consider appropriating a total of $3,243,000.00 for the construction of a new animal shelter to be located on Highway 29. This amount includes the base amount of $3,149,000 plus alternate #2. A motion had been made by Mr. Blackstock and seconded by Mr. Davis, has met the 10- Day Layover requirement and will now require a Roll Call vote. (c) At the 8-16-16 adjourned meeting, the Board of Supervisors was asked to consider reappropriating 2016 carryover balances to the 2017 budget. Tonight’s public hearing was set to consider citizen input on these items. These items were separated into two categories: encumbered amounts and discretionary amounts. Encumbered amounts are funds that are necessary to cover items that were purchased at year-end but were not received until the new fiscal year. It also includes funds that were collected during the year for specific programs. Discretionary amounts are funds that were requested by departments for a specific purpose for the FY 2017 budget year. Staff recommends that the board reapporpriate a total of $676,930.17 in encumbered carryover amounts. The discretionary carryovers totaled $421.986.83. Combined this amount is $1,098.917 This item does require a motion and a second since it was included in the public hearing; does not require a 10-Day Layover, but does require a Roll Call Vote. (d) At the 8-16-16 adjourned meeting, the Board of Supervisors was asked to consider reappropriating $2,956,004.88 of School Board carryover requests to the 2017 budget. Tonight’s public hearing was set to consider citizen input on these items. This item would require a motion and second but does not require a 10-Day Layover since it was included in the public hearing. It will require a Roll Call Vote. No one signed up to speak and Mr. Barksdale closed the hearing at 7:38pm. The following Roll Call Vote was recorded for Item (a) for appropriating a total of $103,271.90 to increase the employer’s share of health insurance coverage for County emp loyees for the upcoming plan year.: Mr. Barber-Yes, Mr. Hagerman-Yes; Mr. Blackstock-Yes; Mr. Scearce- Yes; Mr. Davis-Yes; Mr.Warren-Yes; and Mr. Barksdale-Yes. The Finance Committee's motion was unanimously passed by the Board of Supervisors. The following Roll Call Vote was recorded for Item (b) for appropriating a total of $3,243,000.00 for the construction of a new animal shelter to be located on Highway 29. This amount includes the base amount of $3,149,000 plus alternate #2. Mr. Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock-Yes; Mr. Warren-Yes; Mr. Davis-Yes; Mr. Warren-Yes and Mr. Barksdale-Yes. Mr. Blackstock's motion was unanimously approved by the Board. Motion was made by Mr. Davis, seconded by Mr. Warren, concerning Item (c) to reappropriating 2016 carryover balances to the 2017 budget totaling $1,098.917 which is comprised of $676,930.17 in encumbered carryover amounts and discretionary carryovers totaled $421.986.83. The following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman-Yes; Mr. Blackstock- Regular Meeting September 6, 2016 Yes; Mr. Warren-Yes; Mr. Davis-Yes; Mr. Warren-Yes and Mr. Barksdale-Yes. Mr. Davis's motion was unanimously approved by the Board. Motion was made by Mr. Warren, seconded by Mr. Davis, concerning Item (d) for reappropriating $2,956,004.88 of School Board carryover requests to the 2017 budget. The following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock-Yes; Mr. Warren- Yes; Mr. Davis-Yes; Mr. Warren-Yes and Mr. Barksdale-Yes. Mr. Warren's motion was unanimously approved by the Board. This concluded the public hearing. New Business Motion was made by Mr. Barber, seconded by Mr. Davis, for the recommends the reappropriation of $64,133.91 as follows: $400.80 to Treasurer-Legal Services (100-4-012410- 3150), $100.00 to Clerk of Court-Copier Lease (100-4-021600-60051), $100.00 to Sheriff- Undercover Work (100-4-031200-6024), $1,185.38 to Sheriff-Parts (100-4-031200-6030), $217.80 to Sheriff-Labor (100-4-031200-6031), $50.00 to Jail-Food Supplies (100-4-033100-6002), $10,336.38 to B&G-Repairs & Maintenance (100-4-043100-3320), $4,495.00 to CSA-Pool Program (100-4- 053500-7003), $150.00 to Recreation-Field Maintenance (100-4-071100-6006), $175.00 to Ag Development-Farmer’s Market (100-4-082500-6014), $30,614.18 to WIA-Rent (251-4-353853- 6014), $16,309.37 to Building & Grounds Improvements (310-4-094130-8158). This motion required a 10-Day Layover. Motion was made by Mr. Blackstock, seconded by Mr. Warren, to authorize advertising a public hearing for citizen input on a proposed amendment of Pittsylvania County Code Sec. 31 -3.1 (iii); Service Free for Emergency Ambulance Transport as follows: iii. EMAC will distribute on monthly quarterly basis to the respective Participating Agencies a percentage of the internall y audited, un-obligated revenues generated by the fee-for-service program. Mr. Blackstock's motion was unanimously approved by the Board. Ms. Katie Millner, CSA Coordinator, presented the Board with a copy of the CSA Program's Annual Audit Final Report and Quality Improvement Plan, and reported that all CPMT members were in attendance compliance with the quarterly report. Mr. Monday told the Board Ms. Millner is resigning her position with Pittsylvania County and that her position is already being advertised. Mr. Monday stated the Board of Supervisors held a Special Meeting, under Closed Session on September 1, 2016 at 5:00 pm for the following purpose: Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body. Authority: 2.2-3711(A)(1) of the Code of Virginia, 1950, as amended Subject Matter: County Administrator Recruitment/Selection Purpose: Hear Preliminary Report of Candidates & Recruitment Process Mr. Monday stated the Board adjourned that meeting and reconvened at 5:00 PM, also under Closed Session for the same matter. Mr. Monday then gave the following Public Statement: "Pursuant to Virginia Code Section 2-2.3712(B), the Pittsylvania County Board of Supervisors will be holding closed meetings at undisclosed locations within the following 15 Regular Meeting September 6, 2016 days for the purpose of interviewing candidates for the position of Pittsylvania County Administrator." Appointments Motion was made by Mr. Hagerman, seconded by Mr. Warren, so appoint Kim Van Der Hyde as the Callands-Gretna representative on the Danville-Pittsylvania Community services Board of Directors for a term beginning August 1, 2016 thru June 30, 2019. Mr. Hagerman's motion was unanimously approved by the Board. Board Announcements Mr. Scearce thanked everyone for their thoughts and prayers during his recent surgery. Mr. Barksdale reminded ever yone of the Economic Development announcement to be made by Governor McAuliffe on September 8, 2016 at 1:00PM at the Gene Haas Center located at the Institute for Advanced Learning and Research. Adjournment Motion was made by Mr. Warren, seconded by Mr. Barber, to adjourn the meeting, which was unanimously approved by the Board. The meeting ended at 8:10 pm.