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04-20-2010 BOS Adjourned MeetingAdjourned Meeting Apri120, 2010 Pittsylvania County Board of Supervisors Tuesday, April 20, 2010 Adjourned Meeting VIRGINIA: The Adjourned meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, April 20, 2010 in the General District Courtroom of the Edwin R. Shields Addition in Chatham, Virginia. Henry A. Davis, Chairman, called the meeting to order at 7:00 p.m. The following members were present: Tim Barber James Snead William H. Pritchett Marshall Ecker Coy E. Harville Fred M. Ingram Henry A. Davis, Jr. Tunstall District Dan River District Banister District Staunton River District Westover District Callands-Gretna District Chatham-Blairs District Mr. William D. Sleeper, County Administrator, Mr. John Light, Legal Counsel, Mr. Odie H. Shelton, Jr., Director of Code Compliance, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Pritchett gave the invocation. Motion was made by Mr. Snead, seconded by Mr. Harville, to approve the agenda with the following additions: Additions: (5) (a) (1) Request For Proposal (RFP) -Animal Shelter (2) Change Order #3-Chatham Southern Railway Depot (3) Budget Amendments-Hazardous Materials Emergency Preparedness (HMEP) Planning Grant (4) Budget Amendment -Regional Communications System Planning (5) Donation of Old Cell Phones- Sheriff's Department (6) Recommendations from Finance Committee (7) Brosville Industrial Road Reimbursement to Virginia Department of Transportation (VDOT) Mr. Snead's motion to approve the agenda, with the additions, was unanimously approved by the Board. The Board moved Item #9 from New Business to this portion of the meeting. Ms. Carrie Schmidt representative for the USDA Rural Development addressed the Board with possibilities of grant proposal for the Mega Park water service from Eden, North Carolina. Motion was made by Mr. Harville, seconded by Mr. Snead, to authorize the County Administrator to work with the USDA Rural Development Program concerning these grant possibilities. Citizen's Comment Period The first person to speak was Brenda Bowman, of the Chatham-Blairs District, with comments supporting the Pittsylvania Youth Sport League's (PYSL) suggestions made at the Joint Liaison meeting and asked the Board to keep in mind the PYSL's feelings of the Facilities Agreement Fee to become effective July 1, 2010 proposed by the School Board. Second to speak was Amanda Price, of the Dan River District, who made comments supporting the Pittsylvania Youth Sports League program and the beneficial impact it has on youth in the County. Next to speak was Joe Spence of the Dan River District, with comments on how the Schools should have the parents of children participating in after school programs pay the cost of that after school facility use instead including all the taxpayers in the County. James Robertson, of North Myrtle Beach, South Carolina, who owns property in the Callands-Gretna District, complained about paying a utility tax to Mecklenburg, the excessive tax on farmers and made anti-tax comments in general. This concluded the Citizens Comments. Public Hearin Rezoning Case 1: Roy Bennett & Doris Bennett-Staunton River District-R-10-011 Mr. Davis opened the hearing at 7:42pm. Mr. Shelton explained that Roy & Doris Bennett had petitioned to rezone 1.22 acre, located on SR640/Renan Road, in the Staunton River Election District from R-1, Residential Suburban Subdivision District to A-1, Adjowned Meeting Apri120,2010 Agricultural District (for future subdivision of the property for family members.) The Planning Commission, with no opposition, recommended granting the petitioner's request. Mr. James Kent, Jr. was there to represent the petitioners. No one signed up to speak. Mr. Davis closed the hearing at 7:45pm. Motion was made by Mr. Ecker, seconded by Mr. Barber, to approve rezoning Case R-10-011 from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. The following roll call vote was recorded: Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; and Mr. Davis-Yes. Mr. Ecker's motion was unanimously approved by the Board. Case 2: Bertha A. Bennett-Staunton River District-R-10-012 Mr. Davis opened the hearing at 7:46pm. Mr. Shelton explained that Bertha A. Bennett had petitioned to rezone 1.00 acre, located on SR640/Renan Road, in the Staunton River Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (for future subdivision of the property for family members.) The Planning Commission, with no opposition, recommended granting the petitioner's request. Mr. James Kent, Jr. was there to represent the petitioner. No one signed up to speak. Mr. Davis closed the hearing at 7:47pm. Motion was made by Mr. Ecker, seconded by Mr. Snead, to approve rezoning Case R-10-012 from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. The following roll call vote was recorded: Mr. Harville-Yes; Mr. Ecker- Yes; Mr. Barber-Yes; Mr. Snead Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; and Mr. Davis-Yes. Mr. Ecker's motion was unanimously approved by the Board. Case 3: Clyde B. East, Trustee of Survivors Trust-Banister District-R-10-013 Mr. Davis opened the hearing at 7:47:48pm. Mr. Shelton explained that Clyde B. East, Trustee of Survivors Trust, had petitioned to rezone 0.442 of an acre, located on SR 649/Payneton Road, in the Banister Election District from A-l, Agricultural District to R-1, Residential Suburban Subdivision District (to combine with adjoining property). The Planning Commission, with no opposition, recommended granting the petitioner's request. Ms. Jennifer East-Cole was there to represent the petitioners. No one signed up to speak. Mr. Davis closed the hearing at 7:SOpm. Motion was made by Mr. Pritchett, seconded by Mr. Snead, to approve rezoning Case R-10-013 from A-1, Agricultural District to R-1, Residential Suburban Subdivision District. The following roll call vote was recorded: Mr. Ecker-Yes; Mr. Barber- Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Yes; and Mr. Davis- Yes. Mr. Pritchett's motion was unanimously approved by the Board. Case 4: Pablo and Melody Ann Davila -Westover District-R-10-014 Mr. Davis opened the hearing at 7:51 pm. Mr. Shelton explained that Pablo and Melody Ann Davila have petitioned to rezone 20.72 acres, located on SR 1132/Old Mayfield Road, in the Westover River Election District from R-1, Residential Suburban Subdivision District to A- 1, Agricultural District (for second dwelling for a family member.) The Planning Commission, with no opposition, recommended granting the petitioner's request. Mr. Davila. was there to represent the petition. Mr. Davila offered a proffer that all deeds pertaining to the above referenced parcel will have a restriction prohibiting the placement of a single-wide and/or double-wide mobile homes, to satisfy the concerns of adjacent property owners and neighbors. Mr. Richard Shumate spoke, presenting James Scearce, Jr. and his brother, and all were in agreement with Mr. Davila's proffer, and supported Mr. Davila's petition.. Mr. Davis closed the hearing at 7:52pm. Motion was made by Mr. Harville, seconded by Mr. Ecker, to approve rezoning Case R-10-014 from R-1, 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. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; and Mr. Davis- Yes. Mr. Harville's motion was unanimously approved by the Board. Public Hearings Virginia Department of Transportation (VDOT) and the Pittsylvania County Board of Supervisors Joint Public Hearing: Proposed Secondary Six-Year Plan for Fiscal Years 2011/12 Mr. Randy Hamilton, Resident Engineer of the Chatham VDOT office opened the public hearing at 7:SSpm. Mr. Mike Crawford was also present. Mr. Hamilton reviewed the Six-Year Plan for Fiscal Years 2011/12 with the Board. No one signed up to speak and the hearing was closed at 8:Olpm. The Board thanked Mr. Hamilton for all his work over the years and wished him well. Motion was then made by Mr. Harville, seconded by Mr. Barber to approve the Six- Year Plan for Fiscal Years 2011/12. The following roll call vote was recorded: Mr. Snead- Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Barber-Yes; and Mr. Davis-Yes. Mr. Barber's motion was unanimously approved by the Board. Adjourned Meeting April 20, 2010 RESOLUTION 2010-04-02 At the adjourned meeting of the Board of Supervisors of the County of Pittsylvania held at the Edwin R. Shields Courthouse Addition on Apri120, 2010 at 7:00 p.m. Present were: Members of the Pittsylvania County Board of Supervisors and Mr. William D. Sleeper, County Administrator On motion by Coy E. Harville, seconded by Tim R. Barber and carried by unanimous approval of the Board: WHEREAS, Sections 33.1-23 and 33.1-23.4 of the 1950 Code of Virginia, as amended, provides the opportunity for each county to work with the Virginia Department of Transportation in developing a Secondary Six-Year Road Plan; and WHEREAS, this Board had previously agreed to assist in the preparation of this Plan, in accordance with the Virginia Department of Transportation policies and procedures, and participated in the public hearing on the proposed plan (2011/12 through 2015/16) as well as the Construction Priority List (2010/11) on April 20, 2010 after duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Plan and Priority List; and WHEREAS, Randy L. Hamilton, Residency Administrator, Virginia Department of Transportation, appeared before the Board and recommended approval of the Six-Year Plan for Secondary Roads (2011/12 through 2015/16) and the Construction Priority List (2010/11) for Pittsylvania County; then NOW, THEREFORE, BE IT RESOLVED that since said Plan appears to be in the best interests of the Secondary Road System in Pittsylvania County and of the citizens residing on the Secondary System, said Secondary Six-Year Plan (2011/12 through 2015/16) and Construction Priority List (2010/11) are hereby approved as presented at the public hearing. Proposed public hearing for the Pittsylvania County School Board Budget with a total budget of $82,047,285. Mr. Davis opened the public hearing at 8:OSpm. Ms. Kathy Buck, of the Callands- Gretna District and President of the Teacher's Association asked the budget for a full funding budget. Ms. Benda Kendrick of the Chamber of Commerce, encouraged the Board to invest n the education of the County's youth by providing an exemplary school system and strongly encouraged the Board to reinstate $800,000 to the school budget. Mr. Robert G. Neals, former school board chair, asked the Board to fund the originally proposed $627,000 back into the school board budget on top of what has been advertised for the public hearing. Mr. Richard Shumate of the Westover District, made comments on how the County doesn't have a lot of money as it was and agreed with Mr. Spence's comments from earlier in the meeting on how the schools should find ways to cut things that were non-instructional from the taxpayer coffers. Mr. James Holmes from the Callands-Gretna District, said the schools should just let the parents of kids who played sports pay for non-instructional activities and leave the other taxpayers out of it. No one else signed up to speak. Mr. Davis closed the hearing at 8:25pm. A layover is required before action could be taken. Proposed Road Closure-Cul-de-sac off Industrial Drive, Gretna, Virginia Mr. Davis opened the public hearing at 8:27pm. Mr. Sleeper stated that at the regular meeting of the Board of Supervisors on April 5, 2010, Abbot Laboratories requested the ability to block off or temporarily close the cul-de-sac off Industrial Drive in Gretna, Virginia out of necessity and the need for public safety since it is not a road in the secondary system of VDOT. At that same meeting on Apri15, 2010, motion was made by the Honorable Fred Ingram, seconded by the Honorable Coy Harville, to hold a public hearing on Apri120, 2010 for citizen input on the proposed closure to an unnamed cul-de-sac located off Industrial Drive, in Gretna, Virginia. No one signed up to speak. Mr. Davis closed the hearing at 8:30pm. Motion was made by Mr. Ingram, seconded by Mr. Harville, to temporarily close the road, grant Abbott permission to Adjourned Meeting Apri120, 2010 use the road, revocable at any time the Board sees fit with a 30 day notice and directed Mr. Light to draw up the necessary documents. Mr. Ecker asked that when it is revoked that Abbott be required to leave the road up to standards, incorporating that as a maintenance agreement within the agreement Mr. Light is to draw up. Mr. Ingram amended his motion to include Mr. Ecker's request. The Board approved by a majority vote of 6-1 to approve Mr. Ingram's motion, with Mr. Barber opposing. Unfinished Business At the April 5, 2010 meeting, motion was made by Mr. Harville, seconded by Mr. Snead, to amend the Board's By Laws in order to return to using the former agenda prior to February 2010. That motion had required a 10-day layover. The Board unanimously approved Mr. Harville's motion. At the April 5, 2010, motion was made by Mr. Barber, seconded by Mr. Snead, to appropriate $6,202.73 to the State Forestry line, 100-4-071500-5666, from unappropriated surplus. This motion required a 10-day layover before action could be taken. The following roll call vote was recorded: Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville- Yes; Mr. Ecker-Yes; Mr. Barber-Yes; and Mr. Davis-Yes. Mr. Barber's motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Snead, to order the closure of 792.52 feet of the Swedwood Drive from the cul-de-sac south, back towards Cane Creek Parkway, and authorize the County Administrator to send the required notification to VDOT and the Department of Game and Inland Fisheries that the Board has found no public need to maintain this section of road. Mr. Harville's motion was unanimously approved by the Board. Consent Agenda Motion was made by Mr. Harville, seconded by Mr. Barber, to remove Regional One from the Consent agenda and vote on it separately, and to approve the remainder of the consent agenda, which was unanimously approved by the Board. Consent Agenda: Proclamation -Law Day 2010 Project Lifesaver PITTSYLVANIA COUNTY BOARD OF SUPERVISORS PROCLAMATION Law Day May 1, 2010 WHEREAS, our legal institutions and system of justice depend on popular participation and support to maintain legitimate authority WHEREAS, Americans from all walks of life, public figures and private individuals alike, have reaffirmed in words and deeds our national allegiance to the rule of law WHEREAS, lawyers and judges recognize that they bear a special responsibility to foster public understanding of law and legal institutions and commitment to the rule of law WHEREAS, Law Day has been an annual observance since President Dwight Eisenhower established it in 1958 as "a day of national dedication to the principle of government under law" WHEREAS, Law Day 2010 provides us with an opportunity to understand and appreciate the emerging challenges that confront our world-and the law-in the 21St century, while reaffirming enduring legal traditions NOW, THEREFORE, WE, the Board of Supervisors of Pittsylvania County, do hereby proclaim May 1, 2010, as Law Day. The Board of Supervisors calls upon the people of the County of Pittsylvania, Virginia, to acknowledge the importance of our legal and judicial systems with appropriate ceremonies and activities, and to display the flag of the United States and our city/state in support of this educational observance. The Board of Supervisors further encourages schools, businesses, media, religious institutions, civic, and service organizations to join members of the bar and bench in commemorating Law Day. Adjourned Meeting Apri120, 2010 IN WITNESS WHEREOF, I have hereunto set my hand this 20`" day of April, 2010 for May 1, 2010 as Law Day in Pittsylvania County. Motion was made by Mr. Snead, seconded by Mr. Pritchett, to approve the May payment to Regional One. Mr. Snead's motion passed by a 4-3 vote of the Board, with Mr. Ecker, Mr. Barber and Mr. Harville opposing. New Business Richard Howell, Scott Vanallen, and Ms. Barbara Brown, principal of Tunstall High School, asked the Board to consider giving the balance of remaining bond money to the schools to renovate the schools' outdoor facilities. Motion was made by Mr. Harville, seconded by Mr. Barber, to approve a waiver of Landfill Tipping Fees request by Mr. Floyd Simpson. The Board of Supervisors agreed to allow Floyd Simpson a waiver of tipping fees to allow him to clean up an area off RT 41 at their adjourned meeting on July 21, 2009. Mr. Simpson has brought in 260.28 tons of debris from this property, waiving a landfill tipping fee of $10,671.48 thus far and estimated in his request letter that there was approximately that much more to be brought to the landfill. The Board unanimously approved Mr. Harville's motion to approve Mr. Simpson's request for waived tipping fees that would be approximately the same as the previous waiver. Motion was made by Mr. Harville, seconded by Mr. Barber, to approve, subject to any changes by legal counsel, an agreement with Temple Moore for inspections on the Berry Hill Road water main project and authorize the County Administrator to sign all necessary documents. Motion was made by Mr. Snead, seconded by Mr. Harville, to approve a contract with Dewberry for $24,100, pending any changes by legal counsel, for architecturaUengineering services to help alleviate the moisture coming through the walls of the Moses Building, and authorize the County Administrator to sign all necessary documentation. This funding is already budgeted for this cost. Mr. Snead's motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Ecker, to approve the reappropriation of funds as follows: $170.00 to Sheriff-Wrecker Service (100-4-031200- 3170), $107.83 to Sheriff-Communication Equipment (100-4-031200-6004), $3,425.10 to Sheriff-Parts (100-4-031200-6030), $5,446.88 to Sheriff-Labor (100-4-031200-6031), $63.42 to Fire & Rescue (100-4-032200-5667 from 100-3-000000-189912). This required a 10-day layover before action could be taken. Motion was made by Mr. Pritchett, seconded by Mr. Barber to award a bid to Capital Office Systems, the apparent low bidder with a lump sum bid of $16,010 for a filing system for the Department of Social Services. Mr. Pritchett's motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Ecker, to Change Orders 1 in the amount of $3,262 and Change Order 2 in the amount of $25,287, with Dewberry for a construction contract for the Chatham Southern Railway Depot Restoration -Phase II & Phase III, pending approval from the Department of Historic Resources and VDOT. Mr. Harville's motion was unanimously approved by the Board. Items Added Motion was made by Mr. Harville, seconded by Mr. Snead, to approve a Request For Proposal (RFP) for an animal shelter and authorize the County Administrator to file the RFP and receive proposals and make recommendations to the Board of Supervisors on architectural services. Mr. Harville's motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Ecker, to approve Change Order 3 in the amount of $8,853 with Dewberry for the Chatham Southern Railway Depot Restoration, pending approval by the Department of Historic Resources and VDOT. Mr. Harville's motion was unanimously approved by the Board. Motion was made by Mr. Barber, seconded by Mr. Snead, to approve amending the FY09-2010 budget and appropriate $27,000 for the Hazardous Materials Emergency Adjourned Meeting Apri120, 2010 Preparedness planning grant. The following roll call vote was recorded: Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Barber-Yes; Mr. Snead-Yes; and Mr. Davis-Yes/ Mr. Barber's motion was unanimously approved by the Board. Motion came from the Finance Committee to include an additional $600,000 to the school board budget aside from what was already advertised, to be used for instructional purposes only. The Board unanimously approved this motion from committee. Motion came from Finance Committee to take $182,089 from General Funds to balance the budget and set a public hearing for May 3, 2010 for citizen input on the proposed FY 2010/2011 County Budget. The Board unanimously approved the committee's motion. Motion was made by Mr. Barber, seconded by Mr. Snead, to approve the Sheriff's request to take approximately 50 that are no longer of any use the his department and donate them for e-911 emergency purposes to agencies like Victim Witness and/or Social Services for people living in potentially harmful circumstances. The Board unanimously approved Mr. Barber's motion. Motion was made by Mr. Snead, seconded by Mr. Pritchett, to approve amending the FY09-2010 budget and appropriate $51,000 for Regional Communications System Planning. The following roll call vote was recorded: Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes and Mr. Davis-Yes. Mr. Snead's motion was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Pritchett, to approve, subject to legal counsel determination, the reimbursement of $403,573.85 of balance funded requested by VDOT on the Brosville Industrial Access Road. Mr. Barber abstained from voting as he is an adjacent property owner. Mr. Snead's motion passed by a 5-1 majority vote of the Board, with Mr. Ecker in opposition and Mr. Barber abstaining. Mr. Harville directed Mr. Sleeper to notify the County's local representatives on this situation. Reports from the Board The Board asked everyone to remember the family of the little boy who drowned in the Dan River. Motion was made by Mr. Harville, seconded by Mr. Snead to adjourn the meeting, which was unanimously approved by the Board. The meeting ended at 9:07pm Henry A. Davis, Jr., Chairman Pittsylvania County Board of Supervisors William D. Sleeper, Clerk Pittsylvania County Board of Supervisors