02-16-2010 BOS Adjourned MeetingFebruary 16, 2010
Adjourned Meeting
VIRGINIA: The regular meeting of the Pittsylvania County Board of
Supervisors was held on Tuesday, February 16, 2010 in the General District Courtroom
of the Edwin R. Shields Courthouse Addition in Chatham, Virginia. Coy E. Harville,
Chairman, called the meeting to order at 7:00 p.m. The following members were present:
Tim R. Barber
James H. Snead
William H. Pritchett
Fred M. Ingram
Coy E. Harville
Marshall A. Ecker
Henry A. Davis, Jr.
Tunstall District
Dan River District
Banister District
Callands-Gretna District
Westover District
Staunton River District
Chatham-Blalrs District
Mr. William D. Sleeper, County Administrator and Clerk of the Board; Mr. John
P. Light, Legal Counsel; Odie Shelton, Director of Code Compliance, Ken Bowman,
Director of Economic Development, and Ms. Rebecca Flippen, Deputy Clerk, were also
present
Mr. Barber gave the invocation and led the pledge of allegiance.
Approval of Agenda
Upon a motion of Mr. Ecker, seconded by Mr. Ingram, the board voted
unanimously to approve the agenda with the following additions:
(a) Disposition of the old Callands Cannery
(b) Proposed Amendment to Chapter 35; Pittsylvania County Zoning Ordinance
(c) Closed Session :Authority: §2.2-3711(A) (1) of the Code of Virginia, 1950,
as amended
(d) Closed Session :Authority: §2.2-3711(A) (5) of the Code of Virginia, 1950,
as amended
Mr. Ecker's motion was unanimously approved by the Board.
Mr. Davis asked that Item #29 be moved between Items # 13 & # 14 of the
agenda, and that Items # 25, 26, & 27 moved to after Closed Session. Motion was then
made by Mr. Ecker, seconded by Mr. Snead, to approve the order of items change in the
agenda, which was unanimously approved by the Board.
Hearing of Citizens
Mr. Phillip Lovelace of the Callands-Gretna District addressed the Board
concerning a proposed letter to be sent to Coal and Energy Uranium Sub-Committee and
questioned Delegate Terry Kilgore as its chairman. He also wanted asocio-impact study
done in the mining study and if the sub-committee doesn't do a study, then Mr. Lovelace
felt the County should do asocio-impact study.
Mr. Allen Gross of the Banister District stated he wanted the Board of do
something about finding out where his and his surrounding neighbor's well water
contamination came from.
Ms. Karen Maute of the Westover District stated the proposed letter to be sent to
the Coal & Energy Uranium Sub-Committee be revised due to grammar and then be done
away with altogether and just impose a ban on uranium mining in the County.
Mr. George Stanhope of the Callands-Gretna District stated he hoped the Board
use any balance fund from the high school renovations to pay down the bond debt.
This concluded the Hearing of the Citizens
Consent Agenda
(a) Project Lifesaver
(b) Boys & Girls Christmas Party-Sheriff's Department
(c) Regional One-March
Motion was made by Mr. Barber, seconded by Mr. Ecker, to approve the Consent Agenda
with Item (c)-Regional One March payment removed to vote on separately. Mr. Barber's motion
was unanimously approved by the Board.
Motion was made by Mr. Ingram, seconded by Mr. Snead, to approve the March payment
for Regional One. The following vote was recorded: Mr. Barber- No; Mr. Snead -Yes; Mr.
February 16, 2010
Adjourned Meeting
Pritchett- Yes; Mr. Ecker - No, Mr. Harville- No; Mr. Ingram -Yes; Mr. Davis -Yes. Mr.
Ingram's motion passed by a majority vote of 4- 3 of the Board.
Public Hearings: Rezoning Cases
Case 1, Brad Michael Compton -Callands-Gretna Election District; R-10-004
The public hearing on this case opened at 7:18p.m. Mr. Odie H. Shelton, Jr., Director of
Code Compliance, explained Brad Michael Compton had petitioned to rezone 3.98 acres,
located off Hollyberry Drive in the Callands-Gretna Election District from C-1,
Conservation District to R-1, Residential Suburban Subdivision District (to combine with
adjacent properties zoned R-1). The Planning Commission, with no opposition,
recommended granting the petitioner's request. Brad Compton was there to represent the
petition. Mr. Davis closed the public hearing at 7:19pm. Motion was made by Mr.
Ingram, seconded by Mr. Ecker, to rezone Case R-10-004 from C-1, Conservation
District to R-1, Residential Suburban Subdivision District. The following roll call vote
was recorded: Mr. Barber-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ecker-Yes; Mr.
Harville-Yes; Mr. Ingram-Yes; Mr. Davis-Yes. Mr. Ingram's motion was unanimously
approved by the Board.
Case 2, Brenda Marshall White & Others-Dan River District; R-10-005. The public
hearing on this case opened at 7:24pm p.m. Mr. Odie H. Shelton, Jr., Director of Code
Compliance, explained Brenda Marshall White & Others had petitioned to rezone 33.79
acres, located off State Road 360/Old Richmond Road and Chickadee Road, in the Dan
River Election District from R-1, Residential Suburban Subdivision District to A-1,
Agricultural District (for future subdivision of property for family members). The
Planning Commission, with no opposition, recommended granting the petitioners'
request. Elizabeth Marshall was there to represent the petition. No one signed up to
speak. Mr. Davis closed the public hearing at 7:23pm. Motion was made by Mr. Snead,
seconded by Mr. Barber, to rezone Case R-10-005, 33.79 acres, located off State Road
360/Old Richmond Road and Chickadee Road, in the Dan River Election District from
R-l, Residential Suburban Subdivision District to A-1, Agricultural District The
following roll call vote was recorded: Mr. Barber-Yes; Mr. Snead-Yes; Mr. Pritchett-
Yes; Mr. Ecker-Yes; Mr. Harville-Yes; Mr. Ingram-Yes; Mr. Davis-Yes. Mr. Snead's
motion was unanimously approved by the Board.
Public Hearings:
Proposal to convey the real estate upon which the rail service sets at the Ringgold
West Industrial Park to private industry, in accordance with §15.2-1800, Code of
Virginia, 1950, as amended to receive citizen input on the Board directing the County
Administrator and County Legal Counsel to negotiate a contract for Fee Simple Title for
the transfer of the rail spur from Norfolk Southern Railway to Intertape Property in the
Ringgold West Industrial Park and authorization the County Administrator to sign on the
behalf of Pittsylvania County for a maintenance operation agreement. A deed would be
brought back to the Board for final transfer and approval of the Board of Supervisors.
Mr. Davis opened the public hearing at 7:25pm. No one signed up to speak and Mr.
Davis closed the hearing at 7:25pm. Motion was made by Mr. Harville, seconded by Mr.
Snead, to direct the County Administrator at~d County Legal Counsel to negotiate a
contract for Fee Simple Title for the transfer of the rail spur from Norfolk Southern
Railway to Intertape Property in the Ringgold West Industrial Park and authorize the
County Administrator to sign on the behalf of Pittsylvania County for a maintenance
operation agreement. A deed will be brought back to the Board for final transfer and
approval of the Board of Supervisors. The Board unanimously approved Mr. Harville's
motion.
Proposed Amendments to the Pittsylvania County Code, Section 6-12-Land Use.
The proposed amendment would incorporate revalidation and withdrawal from the
Land Use Program, with continuation of qualifications, as well as updating all
statutory citations of the Code of Virginia in the current ordinance. Mr. Davis
opened the public hearing at 7:27pm. The following people signed up to speak. Mr.
Tommy Motley, speaking on behalf of the Pittsylvania County Farm Bureau, supported
the proposed amendments. Dr. Claude Whitehead, of the Chatham-Blairs District,
submitted a handout to the Board with changes .to the proposed amendment they may
wish to entertain and did not support changes in the Land Use ordinance. Mr. Roger
February 16, 2010
Adjourned Meeting
Jefferson, of the Callands-Gretna District supported the proposed amendment and wanted
to see the Land Use system cleaned up. Mr. Hank Maxey, also of the Callands-Gretna
District, supported Mr. Jefferson's comments and was also in favor of the proposed
amendments to the Land Use ordinance. Mr. Jay Calhoun, Chairman of the Agricultural
Development Board felt the proposed changes were exactly what the system needed to be
credible. Mr. Richard Shumate of the Westover District didn't see anything wrong with
how the program was being run now and didn't support changing it. Mr. Timothy
Motley of the Callands-Gretna District stated the main reason for change was to make it a
viable program; that the main purpose for the Land Use ordinance is to preserve land and
help farmers, that everyone benefits with the open space, and asked the Board to approve
the proposed changes. Mr. Robert Mills, of the Callands-Gretna District, leases a farm in
Franklin County that revalidates yearly and stated it doesn't cost anything and is a very
simple process and had never experienced a problem with yearly revalidation in the 10
years he's been involved, and he supported the proposed amendments. This ended the
citizens' input. Mr. Davis closed the public hearing at 7:45pm. Mr. Snead asked Mr.
Light about Dr. Whitehead's comment on questioning whether the proposed amendments
were within the State Code. Mr. Light stated that in his opinion, everything proposed
met the criteria of the State Code concerning Land Use. Mr. Ecker, Mr. Harville, Mr.
Davis and Mr. Barber all made the following declaration: "Each was a member of a
group of 3 or more who were affected by the transaction, that he is able to participate in
the transaction fairly, objectively, and in the public interest, and made his declaration
orally to be recorded in written minutes of his agency or filed a signed written
declaration with the clerk or administrative head of this governmental agency, and
retained and will make available for public inspection such declaration for a period of
five years from the date of recording or receipt. "Motion was then made by Mr. Ecker,
seconded by Mr. Ingram, to make the amendments proposed as follows: Section 6-12.1
(b) A separate application shall be filed for each parcel on the land book. The owner of
any property accepted into the land use classification as provided for in this Chapter
shall annually recertify to the Commissioner of the Revenue on forms provided by the
Commissioner of the Revenue and mailed to the owner of said real estate with the tax
statement for real estate taxes due and payable on December S`h of each year. The annual
recertification shall be completed and returned to the Office of the Treasurer on or
before the date that the December tax payment is due.
Section 6-12.7.1 VOLUNTARY WITHDRAWAL WITH CONTINUATION OF
QUALIFICATION (a) Any person wishing to voluntarily remove their land from land use
taxation is hereby permitted to do so without assessment of roll-back taxes as long as the
use or acreage does not change to such to preclude qualification for land use taxation, or
the zoning of the real estate is not changed to a more intensive use at the request of the
owner or his agent, for the next five (S) years following the withdrawal of the property
and the initiation of fair market taxation, if said parcel of land is altered to nonqualifying
use of the acreage is reduced to such to make the property nonqualifying or the property
rezoned to a more intensive use at the request of the owner or his agent, the property
shall then be assessed the appropriate roll-back taxes from the date of nonqualfication.
If the property is voluntarily withdrawn from land use taxation is subjected to an acreage
change by the owner, then only that portion which no longer would qualify had the
property remained in land use taxation be subject to roll-back taxes and interest as
provided in the Chapter. The taking of real estate which be being valued, assessed and
taxed under this ordinance by right of eminent domain shall not be subject to real estate
so taken to the roll-back taxes herein opposed. (b) Any person who wishes to voluntarily
revert to fair market taxation shall, for the next five (S) years following the withdrawal of
the real property from land use taxation, file the annual recertification provided for in
Section 6.12-1. (b). The owner of any property accepted into land use classification as
provided for in this Chapter shall annually recertify to the Commissioner of the Revenue
on forms provided by the Commissioner of the Revenue and mailed to the owner of said
real estate with the tax statement for real estate taxes due and payable on December S:h
of each year. The annual recertification shall be completed and returned to the Office of
the Treasurer on or before the dated that the December tax is due. And it update
statutory citations of the Code of Virginia in the ordinance. Upon advisement of Mr.
Light, Mr. Ecker's motion also included the amendment would include a form that would
be created by the locality not the Commissioner of the Revenue. Mr. Harville stated he
did not see any problem with how the Land Use was now, that the Commissioner had
stated he wouldn't enforce the proposed amendments if they were adopted by the Board,
and if any clean up of the program needed doing, then the Commissioner of the Revenue
should be the one to do it. Mr. Barber stated the purpose of Land Use was to encourage
February 16, 2010
Adjourned Meeting
farming, not to be used as a tax break; he was bothered about the Commissioner being the
Big Brother of the County and saying he won't police it and because of statements like
that coming from the Commissioner's office, the he (Mr. Barber) wouldn't support the
proposed amendments at this time. Mr. Snead stated he felt the program needed cleaning
up because there were participants in it now that weren't qualified and just because the
Commissioner wasn't doing his job didn't mean the Board of Supervisors shouldn't try to
get the program in order. The following roll call vote was recorded: Mr. Barber-No; Mr.
Snead-Yes; Mr. Pritchett-Yes; Mr. Ecker-Yes; Mr. Harville-No; Mr. Ingram-Yes; Mr.
Davis-Yes. Mr. Ecker's motion passed by a majority 5-2 vote of the board.
Unfinished Business
At the January 19, 2010 Board meeting, motion was made by Mr. Ingram,
seconded by Mr. Ecker, to reappropriation of funds as follows: $3,000 to Sheriff-Police
Supplies (100-4-031200-6010), $10,137.74 to Sheriff-Parts (100-4-031200-6030),
$10,565.58 to Sheriff-Labor (100-4-031200-6031), $220.96 to Jail-Extradition (100-4-
033100-5550), $210.00 to Economic Development-Travel (100-4-082510-5500), $10.37
to WIA- Other Operating Activities (251-4-353160-6014) and this motion required a 10
day layover, which had been met. The Board unanimously approved Mr. Ingram's
motion.
New Business
Ms. Elizabeth Craig, principal of Dan River High School, spoke to the board
asking for their consideration in using any balance of school bond funds for the repair
and upgrading of outdoor facilities at the high schools, or to give the contingency funds
back to the schools, or to give the interest accrued on the school bond funds for said
repairs/upgrades to the outdoor facilities. Mr. Craig Saunders also supported Ms. Craig's
comments.
Motion was made by Mr. Ecker, seconded by Mr. Ingram, to advertise a public
hearing for citizen input on the proposal to move the Hurt voting precinct from the Hurt
Volunteer Fire Department to the Hurt Elementary school for safety purposes. Ms.
Brenda Arthur, Secretary of the Electoral Board stated the Electoral Board was in favor
of this move. The Board unanimously approved Mr. Ecker's motion and would hold a
public hearing at the first available meeting in which public hearing advertisement
requirements could be met.
Motion was made by Mr. Ingram, seconded by Mr. Ecker for discussion purposes,
to send a letter to Delegate Terry Kilgore and the Uranium Sub-committee of the Coal
and Energy Commission, asking that the sub-committee allow an advisory committee of
citizens from Pittsylvania County participate in the mining study. The following vote
was recorded: Mr. Barber-No; Mr. Snead-No Mr. Pritchett-No; Mr. Ecker-No; Mr.
Harville-No; Mr. Ingram-Yes; Mr. Davis-Yes. Mr. Ingram's motion failed by a 2-5 vote
of the Board.
Motion was made by Mr. Ecker, seconded by Mr. Snead, to approve an agreement
Appalachian Power Company (APCo) negotiated by the VML/VACo/APCo Steering
Committee and authorize the County Administrator to sign on behalf of the County,
which was unanimously approved by the Board.
Motion was made by Mr. Snead, seconded by Mr. Barber, to approve a resolution
and authorize the Chairman to sign to and receive a deed to Camp 15 from the
Commonwealth of Virginia to Pittsylvania County for a jail annex of the Pittsylvania
County Jail, which was unanimously approved by the Board.
Motion was made by the Finance Committee to submit to the full board for
approval of the annual audit from Robinson, Cox and Farmer, which was unanimously
approved by the Board.
Motion was made by the Finance Committee to direct the County Administrator
to get a report from the Dan River Small Business Development Center on its operation
costs from 2000 to present, which was unanimously approved by the Board.
Motion was made by Mr. Harville, seconded by Mr. Ingram, to approve a contract
with GCR of South Boston to provide Internet services for the Pittsylvania County
government and the Pittsylvania County Schools, striking the Indemnification and Item
February 16, 2010
Adjourned Meeting
18 of the submitted contract and to authorize the County Administrator to sign on behalf
of the County, which was unanimously approved by the Board.
Motion was made by Mr. Harville, seconded by Mr. Snead, to advertise a road
abandonment on Swedwood Drive, post the required signage, for the purpose to close
792.52 feet that industrial access road in order for Swedwood to add a guard facility on
the road and to make the plant site more secure, which was unanimously approved by the
Board.
Motion was made by Mr. Harville, seconded by Mr. Barber, to approve 3
livestock claims totaling $337.25, which was unanimously approved by the Board.
Motion was made by Mr. Ecker, seconded by Mr. Harville, for the County to
partner in the program "It's in Your Hands" Partnership Agreement with the U.S. Census
Bureau, and authorize the County Administrator to sign on behalf of the County, which
was unanimously approved by the Board.
Motion was made by Mr. Harville, seconded by Mr. Barger, to approve additional
monies are required for the CSA program that have been approved by the State. The total
supplemental amount required and approved by the State is $1,953,216. This amount
includes $1,755,378.54 of state money and a local match of $197,837.46. This is a
mandated program from the State of Virginia and this appropriation requires a 10-day
layover.
Mr. Harville made a motion, seconded by Mr. Snead , to reappropriation of funds
as follows: $26.00 to Sheriff-Office Supplies (100-4-031200-6001), $60.00 to Sheriff-
Parts (100-4-031200-6030), $2,286.78 to Jail-Extradition (100-4-033100-5550), $258.95
to Animal Control-Professional Health Services (100-4-035100-3110), $35.45 to State
Library-Office Supplies (250-4-073300-6001), $26,356.97 to WIA-Dislocated Worker
(251-4-353851-3904), and to consider an appropriation of $73,687.46 to the Jail's 2009-
2010 budget from the Jail Operations Fund and approval of the eliminiation of Fund 313-
Jail Operations Fund, both which would require a 10 day layover.
Item 28, 1St Round Tobacco Application was tabled at this time.
Motion was made by Mr. Harville, seconded by Mr. Barber, to approve the
proposed engineering contract for addition services for sanitary sewer at the Olde
Dominion Agricultural Center and authorize the County Administrator to sign on behalf
of the County, which was unanimously approved by the Board.
Motion was made by Mr. Ecker, seconded by Mr. Ingram, to approve sending out
an Request For Proposal for a billing agent for emergency billing, upon the condition of
volunteer emergency transport departments participating in the program. The following
vote was recorded: Mr. Barber-No; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ecker-Yes;
Mr. Harville-No; Mr. Ingram-Yes; Mr. Davis-Yes. Mr. Ecker's motion passed by a
majority 5-2 vote of the board.
Motion was made by Mr. Pritchett, seconded by Mr. Barber, to award the RT 40
Fire Booster Station bid to George E. Jones & Sons, Inc. in the amount of $172,600 and
authorize the County Administrator to sign all necessary documentation. The following
vote was recorded: Mr. Barber: Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ecker-No;
Mr. Harville-No; Mr. Ingram-Yes; Mr. Davis-Yes. Mr. Pritchett's motion passed by a
majority 5-2 vote of the board.
Item #33, Open Space Agreement was tabled until the next board meeting.
Added Items
Motion was made by Mr. Ingram, seconded by Mr. Barber, to hold a public
hearing for citizen input on the disposal of the old Callands Cannery, which would be
held once the required public advertisements were met, which was unanimously approved
by the Board, with the exception of Mr. Davis, who abstained from voting as it was a
conflict of interest since he had a potential buyer of the cannery as a client.
February 16, 2010
Adjourned Meeting
Motion was made by Mr. Ecker, seconded by Mr. Harville, to hold a public
hearing for citizen input on amendments to Chapter 35-Zoning, of the Pittsylvania
County Code concerning the addition of the following definitions: Raceway, Private
Recreational Facilities and Public Recreational Facilities and to remove Raceway listed
under Industrial District (M-2)-Heavy Industry, Section 35-402, Permitted Uses; and to
add Raceway under Industrial District (M-2)-Heavy Industry, Sec. 35-403, Special Use
Permits. The public hearing date would be set for when the required advertisement could
be met. Mr. Ecker's motion was unanimously approved by the Board.
Closed Session
Motion was made by Mr. Harville, seconded by Mr. Snead, to enter Closed
Session, which was unanimously approved by the Board. Closed Session began at
8:58pm.
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
CERTIFY CLOSED MEETING
BE IT RESOLVED that at the adjourned meeting of the Pittsylvania County
Board of Supervisors on February 16, 2010, 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
Fred Ingram Yes
Tim R. Barber Yes
James Snead Yes
Williams H. Pritchett Yes
Henry A. "Hank" Davis, Jr. Yes
Marshall Ecker Yes
Coy E. Harville Yes
Motion was made by Mr. Ingram, seconded by Mr. Ecker, to return to Open
Session, which was unanimously approved by the Board. The Board was back in Open
Session at 9:43pm.
Motion was made by Mr. Snead, seconded by Mr. Ingram, to renew an
employment agreement with Mr. William D. Sleeper, County Administrator, with no
salary increase and the same salary previously approved in his last employment
agreement, which was unanimously approved by the Board.
Motion was made by Mr. Harville, seconded by Mr. Barber, to reconsider the
tobacco application and authorize the County Administrator to re-apply for Ringgold East
Industrial Park for up to $675,000, with a local match of $65,000, which was
unanimously approved by the Board.
Motion was made by Mr. Snead, seconded by Mr. Barber, to pass a resolution
supporting the application by the Olde Dominion Foundation applying for tobacco grant
monies for the Olde Dominion Agriculture Center, which was unanimously approved by
the Board.
Motion was made by Mr. Snead, seconded by Mr. Barber, to approve a resolution
and support agreement for the Regional Industrial Facilities Authority bond issue for the
Berry Hill Mega Park. The following vote was recorded: Mr. Barber: Yes; Mr. Snead-
February 16, 2010
Adjourned Meeting
Yes; Mr. Pritchett-Yes; Mr. Ecker-No; Mr. Harville-Yes; Mr. Ingram-Yes; Mr. Davis-
Yes. Mr. Snead's motion passed by a 6-1 majority vote of the Board.
Motion was made by Mr. Pritchett, seconded by Mr. Snead, to approve a
resolution approving the Agreement between the Danville-Pittsylvania Regional
Industrial Facility Authority, U.S. Bank National Association, Pittsylvania County and
the City of Danville. The agreement between RIFA, U.S. Bank National Association, as
Trustee, Pittsylvania County and the City of Danville assigns the Tobacco Commission
Grant Funds to the Trustee, U.S. Bank National Association, as security for the bonds.
The Agreement also states the County agrees to take all actions required by the Tobacco
Commission in order to receive the Grant and acknowledges that the Grant is restricted
solely for the payment of debt service for the Mega Park Bonds. If legal action is
necessary against the Tobacco Commission to fulfill its obligation with respect to the
Grant, the County agrees to either pursue such legal action or assign its rights to pursue
such legal action to the Trustee and cooperate with the Trustee in connection with the
same. The following vote was recorded: Mr. Barber: Yes; Mr. Snead-Yes; Mr. Pritchett-
Yes; Mr. Ecker-No; Mr. Harville-Yes; Mr. Ingram-Yes; Mr. Davis-Yes. Mr. Pritchett's
motion passed by a 6-1 majority vote of the Board.
Motion was made by Mr. Barber, seconded by Mr. Harville, to consider an
appropriation of $536,796 from unappropriated surplus and a transfer of $463,204 from
the debt service department to establish the County's $1 million share a debt service
reserve fund for the Berry Hill Mega Park. This motion requires a 10 day layover.
Adjournment
Motion was made by Mr. Barber, seconded by Mr. Snead, to adjourn the meeting.
The meeting ended at 10:00pm.
Henry A. Davis, Jr., Chairman
Pittsylvania County Board of Supervisors
William D. Sleeper, Clerk
Pittsylvania County Board of Supervisors