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06-15-2010 BOS Adjourned MeetingAdjourned Meeting June 15, 2010 Pittsylvania County Board of Supervisors Tuesday, June 15, 2010 Adjourned Meeting VIRGINIA: The Adjourned meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, June 15, 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 William H. Pritchett Marshall Ecker Henry A. Davis, Jr. Coy E. Harville Tunstall District Banister District Staunton River District Chatham-Blairs District Westover District Mr. Fred Ingram, Callands-Gretna District, and Mr. James Snead, Dan River District, were absent. 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. Harville gave the invocation and led the Pledge of Allegiance. Motion was made by Mr. Ecker, seconded by Mr. Harville, to approve the agenda, which was unanimously approved by the Board, with the exception of Mr. Ingram and Mr. Snead, who were absent. Citizen's Comment Period Ms. Gracie Mays of the Tunstall District presented an award to Deputy Chris Brown, representing the Pittsylvania County Sheriffs Department softball team, for winning the charity softball game held annually between the Danville Police Department and the Pittsylvania County Sheriff s Office. Mr. James McDaniel, Superintendent of the Pittsylvania County Schools, thanked the Board of their generous support of FY 2010-2011 budget. He then stated that due to their conservative management of the renovation and construction project involving the four high schools, the school board estimated that a balance of approximately $600,000 remained in the budget, stressing this was not leftover bond funds, interest or contingency allocations. The money was from areas budgeted for but not expended. Mr. McDaniel asked the Board to approve a project for correcting the Chatham High School Athletic field problem and erect storage buildings at each high school as a change order to the existing Blair Construction contract. He emphasized this was much needed work at the four high schools. The Board requested Mr. McDaniel provide them with a formal change order from Blair Construction before they could consider his request. Mr. Phillip Lovelace of the Callands-Gretna District reminded the Board and those in attendance of the Board meeting about the June 22 meeting with the Uranium Mining Subcommittee meeting at Chatham High School. He urged everyone to attend and give their input on the need for a socio-impact study be done and that a site specific hydrology study as well. He asked that each Board member be present at that meeting. Karen Maute of the Westover District asked the Board to exercise power of zoning ordinances and to amend those zoning ordinances to prohibit uranium mining in Pittsylvania County. Carolyn Gibson of the Dan River District made comments opposing payment of the 5% retirement contribution of Plan 2 Employees by the Board. This concluded the Citizens Comments. Consent Agenda (a) Project Lifesaver Motion was made by Mr. Harville, seconded by Mr. Ecker, to approve the Consent agenda. Mr. Harville's motion was unanimously approved by the Board, with Mr. Ingram and Mr. Snead being absent. Adjourned Meeting June 15, 2010 Public HearinE Rezoning Case 1: William B. Harper -Westover District R-10-021 B-1, Business District, Limited & R-1, Residential Suburban Subdivision District to B-2, Business District, General Mr. Davis opened the public hearing at 7:25pm. Mr. Odie Shelton, Director of Code Compliance, explained William B. Harper had petitioned to rezone a total of 1.73 acres, two parcels, located on Hwy 41/Franklin Turnpike, in the Westover Election District from B-1, Business District Limited and R-1, Residential Suburban Subdivision District to B-2, Business District General (for future commercial development). The Planning Commission, with no opposition, recommended granting the petitioner's request. Mr. Harper was present to represent the petition. No one signed up to speak. Mr. Davis closed the hearing at 7:27pm. Motion was made by Mr. Harville, seconded by Mr. Ecker, to rezone a total of 1.73 acres, two parcels, located on Hwy 41/Franklin Turnpike, in the Westover Election District from B- 1, Business District Limited and R-1, Residential Suburban Subdivision District to B-2, Business District General. The following roll call vote was recorded: Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Barber-Yes; Mr. Pritchett-Yes; and Mr. Davis-Yes. Mr. Harville's motion was to re-zone R-10-021 was unanimously approved with Mr. Ingram and Mr. Snead being absent. Case 2: Dennis R. Irby & Cheryl Dawn Jacobs-Staunton River District; R-10-022 R-1, Residential Suburban Subdivision District to A-1, Agricultural District Mr. Davis opened the public hearing at 7:28pm. Mr. Shelton explained that Dennis Irby and Cheryl Jacobs had petitioned to rezone the R-1, Residential Suburban Subdivision portion of 50.69 acres to A-l, Agricultural District (to make the zoning consistent with the remaining 44.69 acres and to construct a shop building. The R-1 portion is 6.00 acres, located off Highway 29 Business/Main Street, Hurt, VA, in the Staunton River Election District. The Planning Commission, with no opposition, recommended granting the petitioner's request. Joel Keith was there to represent the petition. No one signed up to speak and Mr. Davis closed the hearing at 7:29pm. Motion was made by Mr. Ecker, seconded by Mr. Harville, to rezone R-10-22 from R-1, Residential Suburban Subdivision portion of 50.69 acres to A-1, Agricultural District. The following roll call vote was recorded: Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Barber-Yes; Mr. Pritchett-Yes; and Mr. Davis-Yes. Mr. Ecker's motion was unanimously approved by the Board, with Mr. Ingram and Mr. Snead being absent. Case 3: Linda R. Witcher &Others-Tunstall District; R-10-023 R-1, Residential Suburban Subdivision District to A-1, Agricultural District Mr. Davis opened the public hearing at 7:30pm. Mr. Shelton explained that Linda R. Witcher and Others have petition to rezone 9.00 acres, located off SR 841/Stillmeadow Road, in the Tunstall Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to survey off a lot for a family member.) No one signed up to speak and Mr. Davis closed the hearing at 7:31pm. Motion was made by Mr. Barber, seconded by Mr. Pritchett, to rezone R-023 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. Pritchett-Yes; and Mr. Davis-Yes. Mr. Barber's motion was unanimously approved by the Board, with Mr. Snead and Mr. Ingram being absent. Case 4 : Estelle H. Chaney-Dan River District; R-10-024 R-1, Residential Suburban Subdivision District to A-1, Agricultural District Mr. Davis opened the public hearing at 7:32pm. Mr. Shelton explained that Estelle Chaney had petitioned to rezone a total of 17.62 acres, two parcels, located on Coy Creek Lane, 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) . The Planning Commission, with no opposition, recommended granting the petitioner's request. Hugh and Kathleen Chaney were was to represent the petition. No one signed up to speak and Mr. Davis closed the hearing at 7:33pm. Motion was made by Mr. Harville, seconded by Mr. Pritchett to rezone R-10-024 a total of 17.62 acres, two parcels, located on Coy Creek Lane, in the Dan River Election District 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. Pritchett-Yes; and Mr. Davis-Yes. Mr. Harville's motion was unanimously approved by the Board, with Mr. Snead and Mr. Ingram being absent. Adjourned Meeting June 15, 2010 Case 5 : Clara F. Vaden-Banister District; R-10-025 R-1, Residential Suburban Subdivision District to A-1, Agricultural District Mr. Davis opened the public hearing at 7:34pm. Mr. Shelton explained that Clara Vaden had petitioned to rezone 2.00 acres, located on SR 640/Spring Garden Road, in the Banister Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to allow placement of a second dwelling to be used for her daughter's residence). The Planning Commission, with no opposition, recommended granting the petitioner's request. Clara Vaden was there to represent the petition. No one signed up to speak and Mr. Davis closed the hearing at 7:35pm. Motion was made by Mr. Pritchett, seconded by Mr. Barber to rezone 2.00 acres, located on SR 640/Spring Garden Road, in the Banister Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District for case R-10-025. The following roll call vote was recorded: Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Barber-Yes; Mr. Pritchett-Yes; and Mr. Davis-Yes. Mr. Pritchett's motion was unanimously approved by the Board, with Mr. Snead and Mr. Ingram being absent. Case 6 : James A. & Cynthia C. Holmes-Callands-Gretna District; R-10-026 R-1, Residential Suburban Subdivision District to A-1, Agricultural District Mr. Davis opened the public hearing at 7:35pm. Mr. Shelton explained that James and Cynthia Holmes had petitioned to rezone a total of 31.15 acres, two parcels, located on SR 1154/Grubb Road, in the Callands-Gretna Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to allow for placement of a second dwelling (single-wide mobile home) on one parcel for the care of a family member) . The Planning Commission, with no opposition, recommended grating the petitioner's request. Mr. James Holmes was there to represent the petition. No one signed up to speak and Mr. Davis closed the hearing at 7:37pm. Motion was made by Mr. Ecker, seconded by Mr. Harville to rezone a total of 31.15 acres, two parcels, located on SR 1154/Grubb Road, in the Callands-Gretna Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District for case R-10-026. The following roll call vote was recorded: Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Barber-Yes; Mr. Pritchett-Yes; and Mr. Davis-Yes. Mr. Ecker's motion was unanimously approved by the Board, with Mr. Snead and Mr. Ingram being absent. Unfinished Business At the June 7, 2010 regular meeting of the Board, a motion was made by Mr. Snead, seconded by Mr. Ecker, to appropriate $25,000 to the Treasurer's Office so that the stop fees could be paid to the Division of Motor Vehicles (DMV) for FY2009-2010. This motion required a 10-day layover. The following roll call vote was recorded at the June 15, 2010 meeting: Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Barber-Yes; Mr. Pritchett-Yes; and Mr. Davis-Yes. Mr. Ecker's motion was unanimously approved by the Board, with Mr. Snead and Mr. Ingram being absent. Mr. Ecker asked that the proposal to increase the stop fee the County currently charges of $25 to $30,the maximum amount allowed by the State, be placed as an item from the July 6, 2010 meeting. Motion was made by Mr. Harville, seconded by Mr. Ecker, to continue to pay the 5% member contribution for new employees to the Virginia Retirement System by approving Resolution 2010-06-09, which was unanimously approved by the Board, with Mr. Snead and Mr. Ingram being absent. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2010-06-09 VIRGINIA: At a regular meeting of the Pittsylvania County Board of Supervisors on Tuesday, June 15, 2010 in the General District Courtroom of the Edwin R. Shields Courthouse Addition the following resolution was presented and adopted: WHEREAS, the Virginia General Assembly, in its 2010 session passed legislation creating a separate retirement plan for employees hired on or after July 1, 2010 (hereafter referred to as "Plan 2 Employees"). The legislation stipulates that Plan 2 Employees will pay their 5 percent member contribution and that, absent other action by the employer, such contribution Adjourned Meeting June 15, 2010 will be paid through salary reduction according to Internal Revenue Code § 414(h) on a pre- tax basis; and WHEREAS, the legislation allows certain employers, including the County of Pittsylvania, to pick-up and pay all or a portion of the member contributions on behalf of its Plan 2 Employees as an additional benefit not paid as salary; and WHEREAS, the election to pick-up and pay all or a portion of the member contributions on behalf of its Plan 2 Employees as an additional benefit not pad as salary shall, once made, remain in effect for the applicable fiscal year (July 1- June 30) and shall continue in effect beyond the end of such fiscal year absent a subsequent resolution changing the way the 5 percent member contribution is paid; and WHEREAS, employee contributions that are picked-up as an additional benefit not paid as salary are not considered wages for purposes of VA Code §51.1-700 et seq. nor shall they be considered salary for purposed of VA Code §51.1-100 et seq.; and WHEREAS, Pittsylvania County desires to pick-up and pay its Plan 2 Employees' member contributions to VRS as an additional benefit not paid as salary in an amount equal to 5% of creditable compensation; and WHEREAS, VRS tracks such picked-up member contributions and is prepared to treat such contributions as employee contributions for all purposes of VRS; then NOW, THEREFORE, BE IT HEREBY RESOLVED, that effective the first day of July 2010, the County of Pittsylvania shall pick-up member contributions of its Plan 2 Employees to VRS as an additional benefit not paid as salary in an amount equal to 5% of creditable compensation subject to the terms and conditions described above; and BE IT FURTHER RESOLVED, that such contributions, although designated as member contributions, are to be made by the County of Pittsylvania in lieu of member contributions; and BE IT FURTHER RESOLVED, that nothing herein shall be construed so as to permit or extend an option to VRS members to receive the picked-up contributions made by the County of Pittsylvania directly instead of having them paid to VRS. New Business Motion was made by Mr. Harville, seconded by Mr. Ecker, to authorize the Solid Waste Department to work with the Historical Society with the debris boxes requested by the Historical Society and to waive the tipping fees for the material carried to the landfill from the roof replacement. Mr. Harville's motion was unanimously approved by the Board, with Mr. Ingram and Mr. Snead being absent. Motion was made by Mr. Harville, seconded by Ecker, to award the contract for water & sewer for the Olde Dominion Agricultural Center to Steve Martin Trenching, Inc. of Bassett, accepting Bid Alternate #2 and accepting Bid Alternate #3, which are deducts, and authorize a contract price of $902,609, and to authorize the County Administrator to sign all necessary documentation. Mr. Harville's motion was unanimously approved by the Board, with Mr. Ingram and Mr. Snead being absent. Motion was made by Mr. Pritchett, seconded by Mr. Barber, to appropriate $11,168.63 to Fund 420 for expenditures incurred to equip the solarium at the Human Services Building. The following roll call vote was recorded: Mr. Pritchett-Yes; Mr. Ingram-Absent; Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Barber-Yes; Mr. Snead-Absent; and Mr. Davis-Yes. Mr. Pritchett's motion was unanimously approved by the Board, with Mr. Ingram and Mr. Snead absent. Reports from Legal Counsel Mr. Light stated that all the language in the contract for Federal Engineering, LLC had been approved by legal counsels and the final contract was being sent from Federal Engineering, LLC to Mr. Sleeper for his signature. Adjourned Meeting June 15, 2010 Resorts from County Administrator Mr. Sleeper stated the while final bids were not in yet, it appeared that the surplus vehicles placed for sale online on the Gov.Deals website were doing as well or better as the auction the County had held annually in the past. Adiournment Motion was made by Mr. Barber, seconded by Mr. Harville, to adjourn, which was unanimously approved by the Board, with Mr. Ingram and Mr. Snead being absent. The meeting adjourned at 7:49pm. Henry A. Davis, Jr., Chairman Pittsylvania County Board of Supervisors William D. Sleeper, Clerk Pittsylvania County Board of Supervisors