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11-15-2016 Adjourned MeetingAdjourned Meeting November 15, 2016 Pittsylvania County Board of Supervisors Tuesday, November 15, 2016 Adjourned Meeting VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, November 15, 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, Mr. Odie H. Shelton, Jr., Director of Code Compliance, and Ms. Rebecca Flippen, Deputy Clerk were also present. After a Moment of Silence, Boy Scout Troop 374 of St. Lukes Methodist Church led the Pledge of Allegiance. Approval of Agenda Motion was made by Mr. Blackstock, seconded by Mr. Barber, to approve the agenda with the following addition to Closed Session: 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 Purpose: Discussion and consideration of prospective candidate for the upcoming County Administrator vacancy Mr. Blackstock’s was unanimously approved by the Board. Hearing of the Citizens No on signed up to speak. CONSENT AGENDA (a) Adoption of Natural Hazards Mitigation Plan Motion was made by Mr. Barber, seconded by Mr. Warren, to approve the Consent Agenda, which was unanimously approved by the Board. Adjourned Meeting November 15, 2016 Public Hearings Rezoning Cases Case 1: R&P Country Club, LLC – Staunton River Election District R-16-027 A-1, Agricultural District, R-1, Residential Suburban Subdivision District & B-2, Business District, General to RPD, Residential Planned Unit Development District Mr. Barksdale opened the public hearing at 7:07 pm. Mr. Shelton explained that R & P Country Club, LLC/Runk & Pratt Senior LivingCommunities, had petitioned to rezone a total of 349.83 acres, six (6) parcels of land, located off State Road 637/Country Club Road, in the Staunton River Election District from A-1, Agricultural District, R-1, Residential Suburban Subdivision District and B-2, Business District, General to RPD, Residential Planned Unit Development District (for a Senior Living Community). Once the properties are rezoned to RPD, all uses listed under Section 35-294 are a permitted use. The Planning Commission, with no opposition, recommended granting the petitioner’s request. Jimmy Ayers, Administrative Assistant of Runk & Pratt Senior Living Communities, was there to represent the petition. Pat Davis, of the Callands-Gretna District, told the Board her personal ordeals during her late husband’s Alzheimer’s illness and the lack of a facility nearby for him to receive treatment and/or reside for care specific to his illness. Ms. Davis supported the rezoning request. Gary Poindexter, Mayor for the Town of Hurt, supported the rezoning request. No one else signed up to speak and Mr. Barksdale closed the hearing at 7:22 pm. Mr. Blackstock stated that while he supported the rezoning request, he would be abstaining from voting as he served on the Board for the bank Runk & Pratt would be using and did not want there to be any question of a Conflict of Interest that might delay and/or hinder the project in any way. Mr. Hagerman asked Mr. Blackstock to explain himself on his reason for abstaining. Mr. Blackstock said that as required by Virginia Code (§2.2-3112(A)(1)), he was abstaining from participating in the rezoning cases R-16-027 because as he as a member of the Board of Directors for First National Bank of Altavista and that bank provides, or has provided in the past, financing to Runk & Pratt, who is requesting the rezoning for this case. Motion was then made by Mr. Warren, seconded by Mr. Barksdale, to approve rezoning Case R-16-027 from A-1, Agricultural District, R-1, Residential Suburban Subdivision District & B-2, Business District, General to RPD, Residential Planned Unit Development District, and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock-Abstained; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Warren-Yes; and Mr. Barksdale-Yes. Mr. Warren’s motion was approved by a 6-0-1 majority vote of the Board, with no opposition and Mr. Blackstock abstaining. Case 2: Lynn A. Tucker – Callands/Gretna Election District R-16-028 R-1, Residential Suburban Subdivision District to A-1, Agricultural District Mr. Barksdale opened the public hearing at 7:24 pm. Mr. Shelton explained that Lynn Tucker had petitioned to rezone 1.51 acres, located off State Road 809/Columbus Road in the Callands-Gretna Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Once the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted use. The Planning Commission, with no opposition, recommended granting the petitioner’s request. Lynn Tucker was there to represent the petition. No one signed up to speak and Mr. Barksdale closed the hearing at 7:25pm. Motion was made by Mr. Hagerman, seconded by Mr. Barber, to approve rezoning Case R-16-028 from R-1 to A-1 District and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock-Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Warren-Yes; and Mr. Barksdale-Yes. Mr. Hagerman’s motion was unanimously approved by the Board. Adjourned Meeting November 15, 2016 Case 3: Joseph Kiss & Deborah M. Rush – Banister Election District R-16-029 R-1, Residential Suburban Subdivision District to A-1, Agricultural District Mr. Barksdale opened the public hearing at 7:27pm Mr. Shelton explained that Joseph Kiss and Deborah Rush, husband and wife, had petitioned to rezone 5.65 acres, located on State Road 680/Church Road in the Banister Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Once the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted use. The Planning Commission, with no opposition, recommended granting the petitioners’ request. Deborah Rush was there to represent the petition. No one signed up to speak and Mr. Barksdale closed the hearing at 7:29pm. Motion was made by Mr. Blackstock, seconded by Mr. Barber, to rezone Case R-16-029 from R-1 District to A-1 District and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock-Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Warren-Yes; and Mr. Barksdale-Yes. Mr. Blackstock’s motion was unanimously approved by the Board. Case 4: Timothy S. Cassidy & Dawn M. Cassidy – Dan River Election District R-16-030 RC-1, Residential Combined Subdivision District to A-1, Agricultural District Mr. Barksdale opened the public hearing at 7:30pm. Mr. Shelton explained that Timothy and Dawn Cassidy had petitioned to rezone a total of 4.55 acres, five (5) parcels of land, located on U.S. Highway 360/Old Richmond Road in the Dan River Election District from RC -1, Residential Combined Subdivision District to A-1, Agricultural District. Once the properties are rezoned to A-1, all uses listed under Section 35-178 are a permitted use. The Planning Commission, with no opposition, recommended granting the petitioners’ request. Timothy Cassidy was there to represent the petition. No one signed up to speak and Mr. Barksdale closed the hearing at 7:31pm. Motion was made by Mr. Davis, seconded by Mr. Warren, to approve rezoning Case R-16-030 from RC-1 District to A-1 District and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock-Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Warren-Yes; and Mr. Barksdale-Yes. Mr. Davis’ motion was unanimously approved by the Board. This concluded the public hearings. New Business Mr. Monday explained that County staff has been working over the past several months with the courts and the constitutional officers to make needed improvements with courthouse security. Dewberry of Danville worked with County staff to prepare drawings and bid documents for the project. The County put out requests for bids for contractors with the bid opening date of November 2, 2016 at 2:00pm. Due to the complexities of the job, the County scheduled a mandatory pre bid conference. Two contractors attended the mandatory pre bid and submitted bids. On November 2, 2016 at 2:00pm, the County opened the bids for the courthouse security upgrades with Quality Construction and Daniel Builders, LLC. Attached is the official bid tabulation. Quality Construction notified Dewberry of Danville that they needed to withdraw their bid based on large discrepancies associated with their bid. Quality Construction failed to include the card readers as well as the terrazzo flooring required by the bid documents. The bid documents do allow for a contractor to withdraw their bid if it is substantially lower than any other bid due to omissions made by the contractor in good faith and can be demonstrated by the working papers and bid tabulation that the contractor made in preparing the bid. County staff agrees with Dewberry that the County should accept Quality Constructions’ withdrawal of their bid and award the bid to Daniel Builders, LLC in the amount of $269,000. These funds are already available in the Courthouse Security Fund. Adjourned Meeting November 15, 2016 Motion was then made by Mr. Warren, seconded by Mr. Davis, to accept Quality Constructions’ bid withdrawal, which was unanimously approved by the Board. Motion was made by Mr. Warren, seconded by Mr. Blackstock, to approve awarding the Courthouse Security Project bid to Daniels Builders, LLC in the amount of $269,000 and authorize the County Administrator to sign any necessary documentation, which was unanimously approved by the Board. Motion was made by Mr. Blackstock, seconded by Mr. Barber, to table approval of the Mission Statement and Strategic Priorities for Pittsylvania County until the Board’s December 5, 2016 meeting, which was unanimously approved by the Board. Mr. Monday read the following Certification for County Administrator Interviews: Pursuant to Virginia Code Section 2-2.3712(B), the Pittsylvania County Board of Supervisors held closed meetings at undisclosed locations within the past 15 days for the purpose of interviewing candidates for the position of Pittsylvania County Administrator. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the Meeting of the Pittsylvania County Board of Supervisors on November 15, 2016, 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. Roll Call Vote Y N A Barber X   Hagerman X   Blackstock X   Scearce X   Davis X   Warren X   Barksdale X   A unanimously certification was received from the Board. Board Announcements Mr. Warren thanked Boy Scout Troop 374 of St. Lukes Methodist Church for their attendance. Mr. Blackstock thanked Runk & Pratt for their commitment to the Senior LivingCommunities project, and Ms. Pat Davis for her personal testimony towards the great need in the County’s area for such communities and medical services. Adjourned Meeting November 15, 2016 Mr. Barber thanked all Veteran’s for their service to the County, Country and its citizens. Closed Session Motion was made by Mr. Barber, seconded by Mr. Warren, to enter into Closed Session for discussions of the following: (a) Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business’ or industry’s interest in locating or expanding its facilities in the community. Legal Authority: Virginia Code §2.2-3711(A)(5) Subject: Project Little Light Purpose: Project Update (b) Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business’ or industry’s interest in locating or expanding its facilities in the community. Legal Authority: Virginia Code §§ 2.2-3711(A)(5) Subject: Project Optimization Purpose: Discussion of Performance Agreement The following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman-Yes; Mr. Blackstock- Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Warren-Yes; and Mr. Barksdale-Yes. Mr. Barber’s motion was unanimously approved by the Board and they entered into Closed Session at 7:54 pm. RETURN TO OPEN SESSION Motion was made by Mr. Barber, seconded by Mr. Davis, to return to Open Session. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the Meeting of the Pittsylvania County Board of Supervisors on November 15, 2016, 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 Tim R. Barber Yes Adjourned Meeting November 15, 2016 Jerry A. Hagerman Yes Elton W. Blackstock Yes Joe B. Davis Yes Ronald S. Scearce Yes Robert W. Warren Yes Jessie L. Barksdale Yes Upon a unanimous vote of the Board, they returned to Open Session at 8:08 pm. Motion was made by Mr. Davis, seconded by Mr. Warren, to approve a Per formance Agreement with Intertape Polymer Group (IPG) and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock-Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Warren- Yes; and Mr. Barksdale-Yes. Mr. Davis’ motion was unanimously approved by the Board. Adjourned Meeting November 15, 2016 Adjourned Meeting November 15, 2016 Adjourned Meeting November 15, 2016 Adjourned Meeting November 15, 2016 Adjourned Meeting November 15, 2016 Adjourned Meeting November 15, 2016 Adjourned Meeting November 15, 2016 Adjourned Meeting November 15, 2016 Adjourned Meeting November 15, 2016 Motion was made by Mr. Warren, seconded by Mr. Barber, to return to Closed Session for the following: 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 Purpose: Discussion and consideration of prospective candidate for the upcoming County Administrator vacancy The following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock- Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Warren-Yes; and Mr. Barksdale-Yes. Mr. Warren’s motion was unanimously approved by the Board and they re-entered into Closed Session at 8:12 pm. Motion was made by Mr. Warren, seconded by Mr. Barber, to return to Open Session and the following Certification was recorded: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the Meeting of the Pittsylvania County Board of Supervisors on November 15, 2016, 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 t he Board. Vote Tim R. Barber Yes Jerry A. Hagerman Yes Elton W. Blackstock Yes Joe B. Davis Yes Ronald S. Scearce Yes Robert W. Warren Yes Jessie L. Barksdale Yes Upon a unanimous vote of the Board, they returned to Open Session at 9:30 pm. 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 days for the purpose of interviewing candidates for the position of Pittsylvania County Administrator." Adjourned Meeting November 15, 2016 ADJOURNMENT Motion was made by Mr. Barber, seconded by Mr. Blackstock to adjourn the meeting, which was unanimously approved by the Board. The meeting adjourned at 9:33pm.