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07-20-2010 BOS Adjourned MeetingAdjourned Meeting July 20, 2010 Pittsylvania County Board of Supervisors Tuesday, July 20, 2010 Adjourned Meeting VIRGINIA: The Adjourned meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, July 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 William H. Pritchett Marshall Ecker Henry A. Davis, Jr. Coy E. Harville Fred Ingram James Snead Tunstall District Banister District Staunton River District Chatham-Blairs District Westover District Callands-Gretna District Dan River 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. Ecker gave the invocation and led the Pledge of Allegiance. Motion was made by Mr. Ecker, seconded by Mr. Snead, to approve the agenda, with the following additions: 5(a) Tax Exempt Bonds-Tunstall Volunteer Fire Department (b) Proposed Zoning Ordinance Amendment -Internet Sweepstakes (c) Proposed Zoning Ordinance Amendment -Special Use/Non Emergency Medical Transport (d) Closed Session: Cansultation with Legal Counsel and Legal Briefings by Staff Members or Consultants pertaining to actual or probably litigation, where such consultations or briefing in open meeting would adversely affect the negotiating or litigating posture of the Public Body; and consultation with Legal Counsel employed or retained by a Public Body regarding specific legal matters requiring the provision of legal advice by such Counsel. Authority: §2.2-3711(A)(7) of the Code of Virginia, 1950, as amended Subject Matter: Smith vs. Pittsylvania County; Case CL10-0000-88-00 Purpose: Consultation with Legal Counsel concerning this case (e) Closed Session: Discussion or consideration of the acquisition or disposal of real property where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Authority: §2.2-3711(A)(3) of the Code of Virginia, 1950, as amended Subject Matter: Disposal of Land Purpose: Initiation of Negotiations and, to remove Item 18 from the agenda. Mr. Ecker's motion was unanimously approved by the Board. Adjourned Meeting July 20, 2010 The Board presented a resolution to the Gretna Lady Hawks Softball Team, congratulating them on their 2010 Group A State Championship Title. This resolution had been approved by the Board at their regular meeting on July 6, 2010. Hearing of the Citizens Carolyn Gibson of the Dan River District made comments with concerns on the County becoming polluted by contamination should uranium mining ever occur in the County and asked the Board to take the future environment of the children of Pittsylvania County into consideration if a Special Use Permit from the County is requested for mining purposes. Leon Griffith of the Tunstall District, and representing the Citizens for Jobs group, made comments on the groups concerns on how can they help the County to bring jobs into the area and help preserve a good life to live in Pittsylvania County. Louie Wyatt, of the Chatham-Blairs District, and also a member of the Citizens for Jobs group, also made comments about the group wanting to help the County in any way possible to help draw new jobs into Pittsylvania County. Sherry Scruggs, Tunstall District and also a member of the Citizens for Jobs group, thanked the Board for all they have done thus far to help bring new businesses, industries and jobs into Pittsylvania County and offered the group's help to the Board in bringing the County back to a prosperous community. Michael Wilson of the Tunstall District and a member of the Citizens for Jobs group, thanked the Board for their foresight and fortitude to continue working on bringing jobs back into the area and working on developing the Mega Park in the Berry Hill area; he made comments opposing the lawsuits filed against the County and that those persons filing the suits should be part of the solution and not part of the problem. Karen Maute of the Westover District asked the Board to consider amending the Pittsylvania County Code to prohibit any mining in Pittsylvania County at this time on the grounds that mining uranium would limit the economic diversity of the County. Phillip Lovelace off the Callands-Gretna stated that mega parks were not needed to get jobs in the area and that businesses were afraid to locate here because of the uranium issue. Jerome Adams, a member of the Citizens for Jobs group and from the Tunstall District, commended the Board and the City of Danville for everything they'd developed thus far in the mega park area and that continued development of the infrastructure of that project would attract good businesses; unemployment and lack of growth rate could not be ignored and the citizens of the County could not get bogged down by bickering, fighting and debating. Mr. Adams stated that everyone needed to be working together in reason to help bring jobs into the County. This concluded the Citizens Comments. Consent Agenda Motion was made by Mr. Ecker, seconded by Mr. Ingram, to approve the Consent Agenda, which was unanimously approved by the Board. 9(a) Resolution-Request Virginia Department of Transportation (VDOT) to do a speed reduction study at Ringgold East Industrial Park Adjourned Meeting July 20, 2010 (b) Resolution -Watch for Children Sign-Jasper Wood Road/SR 753 (c) Resolution -Reduce Speed Limit from 35 mph - 25 mph-Jasper Wood Road/SR 753 (d) Resolution -Request to VDOT for larger stop sign to be placed at the intersection of Rockford School Road and Deer View Road (e) Request to VDOT to trim back trees on the west side of the intersection of Rockford School Road and Deer View Road (f) Out of State Travel PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2010-07-08 WHEREAS, The Pittsylvania County Board of Supervisors has developed an industrial park at Ringgold East off of SR 733, Barker Road; and WHEREAS, this industrial access road has been taken into the Secondary Road System by the Virginia Department of Transportation, giving it State Route 1271, Cane Creek Parkway; and WHEREAS, The Virginia Department of Transportation has not posted a speed limit sign, therefore the speed limit is 55 miles per hour, which is considered unsafe for this road; now THEREFORE, BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors respectfully requests the Department of Transportation to do a required speed study and/or reduce the speed at the Ringgold East Industrial Park Cane Creek Parkway, SR 1271, to 35 miles per hour as this is an industrial zone; and BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the Virginia Department of Transportation in Lynchburg and to the residency office in Halifax. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2010-07-09 WHEREAS, the 1997 session of the General Assembly amended the Code of Virginia with the addition of Section 33.1-210.2 which allows for the installation of "Watch for Children" signs; and WHEREAS, the Pittsylvania County Board of Supervisors has received requests from residents of Jasper Wood Road (SR 753) in the Staunton River District between the intersection of Shula Drive (SR 642) and Highwayview Road (SR 988) and is approximately 1.14 miles; and WHEREAS, a review of this area indicates that it meets the criteria set forth by the Virginia Department of Transportation; then Adjourned Meeting July 20, 2010 BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors respectfully requests the Commissioner of the Virginia Department of Transportation to use these funds in the Secondary Road Construction to install "Watch of Children" signs on Jasper Wood Road (SR 753) as identified in this resolution. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2010-07-06 WHEREAS, the 1997 session of the General Assembly amended the Code of Virginia with the addition of Section 33.1-210.2 which allows the installation of "Watch for Children" signs; and WHEREAS, the Pittsylvania County Board of Supervisors has requested a "Watch for Children" sign for Jasper Wood Road (State Route 753); and WHEREAS, the current speed limit on Jasper Wood Road is 35 miles per hour; and WHEREAS, citizens of that community have requested the "Watch for Children" signs have also requested the Board of Supervisors to reduce the speed from 35 miles per hour to 25 miles per hour as a residential community; then BE IT RESOLVED, that the Pittsylvania County Board of Supervisors respectfully requests the Virginia Department of Transportation to do the required speed study on Jasper Wood Road (State Route 753) from the intersection of Rockford School Road (State Route 642) and Highwayview Road (State Route 988); and BE IT FURTHER RESOLVED, that a copy of this Resolution be forwarded to Joe Barkley, Resident Engineer, Halifax Residency. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2010-07-07 WHEREAS, a significant number of accidents have occurred at the intersection of Rockford School Road and Deer View Road; and WHEREAS, it appears that the safety notifications are not adequate for traffic coming up Deer View Road to the intersection of Rockford School Road; and WHEREAS, the Pittsylvania County Board of Supervisors feels that it is a safety issue requiring attention of the Virginia Department of Transportation; then BE IT RESOLVED, that the Pittsylvania County Board of Supervisors respectfully requests the Virginia Department of Transportation to put a larger stop sign at the intersection of Rockford School Road and Deer View Road and requests that the vegetation continue to be cleared in order for that sign to be seen; and Adjourned Meeting July 20, 2010 BE IT FURTHER RESOLVED, that a copy of this Resolution be forwarded to Joe Barkley, Resident Engineer, Halifax Residency. Public Hearin Rezoning Case 1: Katie A. Burnette and Others -Banister District R-10-028 A-1, Agricultural District to R-1, Residential Suburban Subdivision District Mr. Davis opened the public hearing at 7:78pm. Mr. Odie Shelton, Director of Code Compliance, explained Katie A. Burnette & Others have petition to rezone 1.0 acre, located off State Road 640/Spring Garden Road, in the Banister District from A-1, Agricultural District to R-1, Residential Suburban Subdivision District, to make the zoning consistent with the adjoining parcel of land that is zoned R-1 and for the future sale of the property. The Planning Commission, with no opposition, recommended granting the petitioner's request. Lisa Cox was there to represent the petition. No one signed up to speak. Mr. Davis closed the public hearing at 7:49pm. Motion was made by Mr. Pritchett, seconded by Mr. Barber, to rezone Case R-10-028 from A-1 to R-1. 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. Pritchett's motion to rezone the property was unanimously approved by the Board. Case 7: Leon & Shirley Rowland Chatham-Blairs Election District; R-10-027 R-1, Residential Suburban Subdivision District to B-2, Business District, General Mr. Davis opened the public hearing at 7:Slpm. Mr. Shelton explained Leon & Shirley Rowland have petitioned to rezone 1.19 acres, located on U.S. Hwy 29 North in the Chatham-Blairs District from R-1, Residential Suburban Subdivision District to B-2, Business District, General, for a lawn mower, tractor, and car repair business. On June 1, 2010, the Planning Commission, with no opposition, recommended the case be continued for an additional 30 days to allow time to submit a proffer condition to have no more than twelve (12) lawn mowers, and no more than two (2) inoperable vehicles in the front yard of the business location at any time and to give Mr. Rowland time to remove any lawn mowers in excess of twelve (12) and any inoperable vehicles in excess of two (2). On July 8, 2010, the Planning Commission, with no opposition, recommended granting the petitioner's request. No one signed up to speak and Mr. Davis closed the hearing at 7:52pm. Motion was made by Mr. Ingram, seconded by Mr. Pritchett, to rezone Case R-10-028 from R-1 to B-2 and to incorporate the proffer into the minutes of this public hearing as follows: 1. There shall be no more than twelve (12) lawn mowers in the front yard of the business location at any given time and all lawn mower repair parts shall be stored in the rear yard. 2. There shall be no more than two (2) inoperable vehicles in the front yard of the business location at any given time and all vehicle repair parts shall be stored in the rear yard. 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. Ingram's motion was unanimously approved by the Board. This concluded the public hearings. Adjourned Meeting July 20, 2010 Delegate Ward Armstrong, of the lOt" House District of the Commonwealth of Virginia, extended his greetings to the Board of Supervisors. Del. Armstrong stated that we all needed to work together as neighbors in a region in order for all to be successful, as partner and not in competition. He stated that the Commonwealth of Virginia doesn't prosper unless all of it prospers and he will do everything he can to get monies for economic development to attract businesses. Furthermore, Del. Armstrong stated that he is a staunch opponent of the American Electric Power (AEP) rate hikes; in the last 3 years, AEP rates have risen 64% and the state needs to re-examine and re-evaluate how electric rates are set. Delegate Armstrong stated that, at the invitation of the Board, he would send Mr. Sleeper a draft resolution that Pittsylvania County could support in his endeavor to re-examine and re- evaluate how electric rates are set in the Commonwealth of Virginia. The Board thanked Del. Armstrong for his visit and time. Closed Meeting Motion was made by Mr. Snead, seconded by Mr. Barber, to enter into Closed Meeting for the purpose of: 1. Closed Session: Consultation with Legal Counsel and Legal Briefings by Staff Members or Consultants pertaining to actual or probably litigation, where such consultations or briefing in open meeting would adversely affect the negotiating or litigating posture of the Public Body; and consultation with Legal Counsel employed or retained by a Public Body regarding specific legal matters requiring the provision of legal advice by such Counsel. Authority: §2.2-3711(A)(7) of the Code of Virginia, 1950, as amended Subject Matter: Smith vs. Pittsylvania County; Case CL10-0000-88-00 Purpose: Consultation with Legal Counsel concerning this case 2. Closed Session: Discussion or consideration of the acquisition or disposal of real property where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Authority: §2.2-3711(A)(3) of the Code of Virginia, 1950, as amended Subject Matter: Disposal of Land Purpose: Initiation of Negotiations Mr. Snead's motion was unanimously approved by the Board and they entered Closed Meeting at 8:08pm. Motion was made by Mr. Ingram, seconded by Mr. Harville, to return to Open Meeting, which was unanimously approved by the Board. The Board returned to Open Meeting at 9:OSpm. The following certification resolution was read and approved by the following roll call vote: Adjourned Meeting July 20, 2010 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the adjourned meeting of the Pittsylvania County Board of Supervisors on July 20, 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 Coy E. Harville Yes Marshall A. Ecker Yes Tim R. Barber Yes James Snead Yes Williams H. Pritchett Yes Fred M. Ingram Yes Henry A. Davis, Jr. Yes Certification was unanimous. New Business Motion was made by Mr. Snead, seconded by Mr. Barber, to approve a contract award to Dewberry & Davis of Danville, Virginia, to provide the necessary engineering for roadway, water & sewer and grading at the Ringgold East Industrial Park, and authorize the County Administrator to sign all necessary documentation pending approval by Legal Counsel. Mr. Snead's motion was unanimously approved by the Board Motion was made by Mr. Harville, seconded by Mr. Ingram, to hold a public hearing on August 2, 2010, for the FY 2010 Edward Byrne Memorial Justice Assistance Grant (JAG) Program application. Mr. Harville's motion was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Mr. Barber, set a public hearing for August 17, 2010, to revise Chapter 21-13.1 of the Pittsylvania County Code to establish the lawful use and illegal use of fire hydrants and set required penalty fees; and for John Light to work with legal counsel for the Pittsylvania County Service Authority in its development. Mr. Ecker's motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Snead, to hold public hearing on August 2, 2010, to amend the 2010-2011 Budget for carryover encumbrances. Mr. Harville's motion was unanimously approved by the Board. Motion was made by Mr. Harville, to amend the Jail's budget and approve a transfer of $83,663 from the Court Services Unit Budget (100-4-033300) to line item (100-4-033100) -Board ofPrisoners-External. The Board unanimously approved Mr. Harville's motion. Adjourned Meeting July 20, 2010 Motion was made by Mr. Harville, seconded by Mr. Ingram, to approve a resolution of support to place further restrictions on payday lenders, and to forward a copy of this resolution to Councilman Bruce Elder of the City of Staunton, Virginia, who plans to compile all adopted resolutions to be presented to the General Assembly for its consideration. The Board voted unanimously to approve Mr. Harville's motion. RESOLUTION 2010-07-10 OF THE COUNTY OF PITTSYLVANIA, VIRGINIA BOARD OF SUPERVISORS SEEHING ACTION BY THE GENERAL ASSEMBLY AND GOVERNOR TO PROHIBIT ALL PREDATORY, USURIOUS LENDING PRACTICES IN THE COMMONWEALTH OF VIRGINIA WHEREAS, the BOAR OF SUPERVISORS of the COUNTY OF PITTSYLVANIA, Virginia, represents the citizens of Pittsylvania County, Virginia; WHEREAS, the Board of Supervisors of the County of Pittsylvania, Virginia, believes the citizens of Pittsylvania County remain concerned over what are perceived to be predatory, usurious lending practices in Pittsylvania County and elsewhere in the Commonwealth, including practices that can exploit dedicated, brave women and men called to serve in the United States armed services; WHEREAS, the Board of Supervisors of the County of Pittsylvania, Virginia, shares these continuing concerns and intends through this Resolution to express the collective sentiments and will of Staunton citizens that the General Assembly and Governor of Virginia need to take action to prohibit all predatory, usurious lending practices; and WHEREAS, it is essential that the General Assembly and the Governor of Virginia address this matter as a high priority at the next legislative session, leading to enactment of laws strictly prohibiting and deterring all predatory, usurious lending practices in the Commonwealth of Virginia. NOW, THEREFORE, BE IT RESOLVED by the [Council/Board] of the [City/Town/County] of [locality], Virginia that, at the next legislative session, the General Assembly and the Governor of the Commonwealth of Virginia are hereby requested to enact laws strictly prohibiting and deterring all predatory, usurious lending practices, including but not limited to provisions that would: 1. Impose an interest rate cap of thirty-six percent (36%), calculated as an effective annual percentage rate including all fees or charges of any kind, for any consumer credit extended in the Commonwealth of Virginia; Adjourned Meeting July 20, 2010 2. Prohibit a creditor's use of a personal check or other device as a means, directly or indirectly, to gain access to a consumer's bank account; and 3. Incorporate into the Virginia Code the protections regarding consumer credit to military personnel as reflected in the Military Lending Act, 10 United States Code Section 987. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve a transfer from the Sheriff's budget to the Jail budget to cover overages for FY2009-2010 in the amount of $41,098.71. The Board voted unanimously to approve Mr. Harville's motion. Motion was made by Mr. Snead, seconded by Mr. Pritchett, approve to continue to fund 100% of the KeyCare 1,000 insurance plan for all enrolled employees and consider a carryover of $25,000 from the FY2010 Health Insurance line item. This amount will be advertised for public hearing on August 2, 2010. A substitute motion was made by Mr. Ecker, seconded by Mr. Ingram, to refer this item to the Finance Committee. After discussion, Mr. Ecker withdrew his substitute motion and the Board then voted unanimously to approve Mr. Snead's motion. Motion came from the Fire and Rescue Policy and Procedures meeting to renew Regional One's contract for 1 year. This motion passed by a 6-1 vote of the Board, with Mr. Ecker in opposition. Motion came from the Fire & Rescue Policy & Procedures Committee for Altavista EMS to receive an additional $5000 of block grant funding and to send their fuel bill to the County for the Board's consideration of refunding. The Board unanimously approved this motion from the committee. Motion was sent from the Property and Building Committee to authorize the County Administrator to go to solicitation for bids for the Moses Building repairs. The Board voted unanimously to approve this motion from Committee. Motion was made by Mr. Pritchett to support Scenario #4 that was presented at the Liaison Committee for the school's request of $1.9 and 1 school board member to the recreation board, contingent on the schools dropping the recreation fee on facilities. Mr. Pritchett's motioned failed for lack of a second. Motion was then made by Mr. Ingram to reduce the requested amount from $1.9 million to $1.4 million and drop back the amount of cost of the storage to $0.5 million for all four buildings, a school board member on the recreation committee and elimination of the recreation facility rental fee. No one seconded Mr. Ingram's motion. Motion was then made by Mr. Harville, seconded by Mr. Barber, to refer this issue to the Finance Committee, which was unanimously approved by the Board. Added Items Motion was made by Mr. Harville, seconded by Mr. Pritchett, to table Item 5(a), which was unanimously approved by the Board. Adjourned Meeting July 20, 2010 Motion was made by Mr. Harville, seconded by Mr. Barber, to direct the Planning Commission to establish a new category for Special Use Permits B-1 and B-2 called Internet Sweepstakes. Mr. Harville's motion was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Mr. Harville, to direct the Planning Commission to hold the required public hearing for the amendments to the Zoning Ordinance to set up a new category for Special Use Permits called Non-Emergency Medical Transport. Mr. Ecker's motion was unanimously approved by the Board. Reports from Board Members Mr. Barber stated the Citizens for Jobs would be meeting at the Shiloh Church on Thursday, July 22, at 6:30pm. Mr. Snead reminded everyone of the Chambers Breakfast and that Chairman Davis would be speaking on the State of the County. Mr. Ingram stated the Crossroads Restaurant would be having breakfast for the Town of Gretna on Wednesday, July 21. Mr. Harville stated the Fire & Rescue Committee on Policies and Proceedings should include Regional One's locating a unit in Gretna. Mr. Ecker stated the section of sidewalk replacement in front of the Courthouse looked very good and complimented staff on reducing the amount of paper used when generating copies of the Bill List for board packets. Reports from County Administrator Mr. Sleeper told the Board it would cost several thousand dollars to run multiple ads concerning the upcoming dog roundup. Chairman Davis directed Mr. Sleeper to run the advertisement of the roundup once in the Chatham Star Tribune and once in the Danville Register and Bee. Adjournment Motion was made by Mr. Snead, seconded by Mr. Harville, to adjourn, which was unanimously approved by the Board. The meeting adjourned at 9:SOpm. Henry A. Davis, Jr., Chairman Pittsylvania County Board of Supervisors William D. Sleeper, Clerk Pittsylvania County Board of Supervisors