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08-02-2010 BOS Regular MeetingRegular Meeting August 2, 2010 Pittsylvania County Board of Supervisors Tuesday, August 2, 2010 Regular Meeting VIRGINIA: The Regular meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, August 2, 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 7:02 p.m. The following members were present: Tim Barber Tunstall District James Snead Dan River District William H. Pritchett Banister District Coy E. Harville Westover District Fred M. Ingram Callands-Gretna District Henry A. Davis, Jr. Chatham-Blairs District Mr. Marshall Ecker, Board representative for the Staunton River District and Mr. John P. Light, Legal Counsel, were absent Mr. William D. Sleeper, County Administrator, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Barber gave the invocation and led the Pledge of Allegiance. Motion was made by Mr. Barber, seconded by Mr. Harville, move the following items to the Consent agenda: Item 15-Virginia Economic Development Partnership (VEDP)-Lieutenant Governor's Proposal Item 18- Botetourt County Resolution-Economic Development Access Program; and to approve the agenda with the changes, which was unanimously approved by the Board with the exception of Mr. Ecker, who was absent. Hearing of the Citizens Mr. Lamont Strange of the Tunstall District made favorable comments in support of the Mega Park, stating the community needed jobs and people should be thinking about the next generation of County workers when trying to bring businesses into Pittsylvania County. If big companies come, little businesses grow around them. Mr. Debra Dix of the Chatham-Blairs District stated she supported Citizens for Jobs. She also encouraged people voice their opinions the nominations for the panel on the environmental study concerning uranium mining in the county since some of the nominees mine uranium and/or are involved in building nuclear plants. She closed by voicing her complaint that the Regional Industrial Facilities Authority (RIFA) does not allow a citizen's commentary period. Mr. Dianne McMann of the Westover District stated she supported the Citizens for Jobs group and volunteered in anyway she could to help keep the development of the Mega Park moving along. Ms. Nancy Smith withdrew her sign up to speak. This concluded the Hearing of the Citizens. Motion was then made by Mr. Ingram, seconded by Mr. Harville, to approve the Consent Agenda, including the addition of Item 15 and Item 18. The following roll call vote was recorded: Mr. Barber-Yes, Mr. Snead-Yes, Mr. Pritchett -Yes, Mr. Ingram-yes, Mr. Harville-Yes, Mr. Ecker-Absent, Regular Meeting August 2, 2010 and Mr. Davis-Yes. Mr. Ingram's motion which was unanimously approved by the Board with the exception of Mr. Ecker, who was absent. Consent Agenda (a) Minutes: July 6, 2010-Regular Meeting July 20, 2010-Adjourned Meeting (b) Bill List: July 2010 (c) Resolution of Support-Telamon Corporation (d) Resolution of Support-Agricultural Development Board request for a resolution concerning the area's drought conditions. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2010-OS-O1 VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors held in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia on Monday, August 2, 2010, the following resolution was presented and adopted: WHEREAS, Pittsylvania County has experienced an intense early to mid season drought has encompassed the entire geographical area of the County that has significantly affected many annual crops and most perennial corps including hay and pasture; and WHEREAS, due to the sever nature of this drought most pastureland has been over-grazed and many farmers have started utilizing what little winter feed is available and there is a strong possibility of very limited harvest of fall hay crops as a result of this unprecedented dry period; and WHEREAS, the loss of revenue due to these environmental factors has caused a significant financial burden on the agricultural community in Pittsylvania County; and WHEREAS, conservative figures estimates that these drought conditions have negatively affected more the 48,000 acres of pastures, with pasture loss estimated to be approximately 50% or $4,900,000 of value and have also affected 66,000 acres of hay land with estimated losses of 50% or $5,900,000 of hay value; then BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors declare a disaster area in Pittsylvania County due to the extreme drought and petition the Honorable Robert F. McDonnell, Governor of the Commonwealth of Virginia, to declare Pittsylvania County a disaster area due to the extreme drought conditions in order to provide the means for those affected to qualify for any available relief assistance; and BE IT FURTHER RESOLVED, that a copy of this Resolution be forward to the Honorable Robert F. McDonnell, Governor of the Commonwealth of Virginia, to be forwarded to the U.S. Department of Agriculture on the behalf of Pittsylvania County. Given under my hand this 2°d day of August, 2010. Regular Meeting August 2, 2010 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2010-08-02 VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors held in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia on Monday, August 2, 2010, the following resolution was presented and adopted: WHEREAS, the Telamon Corporation opened its offices in 1994 in Gretna, Virginia, to provide necessary housing assistance to the citizens of Pittsylvania County; and WHEREAS, the Telamon Corporation has been assisting the citizens of Pittsylvania County to invest in their future and assist in the economy of Pittsylvania County for the past 16 years, resulting in an investment over $10.5 million to the tax base of Pittsylvania County; and WHEREAS, the Telamon Corporation has to date a total of 132 Pittsylvania County families that have been assisted in 2009 alone. The Telamon Corporation spent $732,500 to build 6 single family homes, providing housing for 11 family members. Currently in the year 2010 they are in the process of starting construction on 8 houses wherein they will spend approximately $1 million on this project to provide affordable housing to 8 low to moderate income families; and WHEREAS, the Telamon Corporation, in 2010, has provided services to over 416 clients for counseling and intervention concerning aborting of foreclosures on their homes which is assisting in keeping Pittsylvania County's economy strong; then BE IT HEREBY RESOLVED, by the Pittsylvania County Board of Supervisors that they express their sincere appreciation of the outstanding work done by the Telamon Corporation and congratulate them on serving their 500`h client in Pittsylvania County, and further commend them on bringing in millions of Federal, State, and other dollars to assist in home ownership programs in Pittsylvania County; and BE IT FURTHER RESOLVED, that the Board of Supervisors of Pittsylvania County expresses their congratulations upon the completion of this goal of the Telamon Corporation and direct that a copy of this resolution be presented on the behalf of the citizens of Pittsylvania County, congratulating the Telamon Corporation for a job well done. Given under my hand this 2°d day of August, 2010. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2010-08-03 VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors held in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia on Monday, August 2, 2010, the following resolution was presented and adopted: Regular Meeting August 2, 2010 WHEREAS, the Virginia Department of Transportation operates the Virginia Industrial/Economic Development Access Program which allows localities to apply for funding to develop industrial access roads related to economic development projects; and WHEREAS, the Virginia Economic Development Access Program was amended in July 2009 extending the amount available and reaffirming the requirements of bonded projects to be refunded within a five (5) year period if the locality does not meet the terms of the bonded project; and WHEREAS, the Commonwealth Transportation Board authorizes a locality to extend for twenty-four (24) months the ability to meet bonded project requirements; however, the locality must first return all funds due to the Virginia Department of Transportation not justified by the investment required in the bonded project; and WHEREAS, numerous localities in Virginia have fallen to the burden of the declining economy making it extremely difficult to meet these guidelines; and WHEREAS, the five (5) year period starts as soon as the Commonwealth Transportation Board authorizes the funding, yet the locality must design and spend as much as a year building the project losing required time in locating capital investment; then BE IT HEREBY RESOLVED, that Pittsylvania County joins Botetourt County and many other counties in Virginia requesting that the Virginia Commonwealth Transportation Board to amend its Economic Development Access Program to extend the five (5) year period to a seven (7) year period to allow the localities to achieve the private investment; and BE IT FURTHER RESOLVED, that a copy of this Resolution be forwarded to the Commonwealth Transportation Board in Botetourt County. Given under my hand this 2°d day of August, 2010. Recommendations from Finance Committee Mr. Harville, Chairman of the Finance Committee, asked that the recommendations from the committee be heard prior to the Public Hearings since it was relevant to the first public hearing. The following motions came from the Finance Committee: 1) to reduce the high school projects carryover by $900,402.11 and 2) to reduce the school's carryover request of $2.7 million to $1,850,470, reflecting the $900,000 reduction. Mr. Davis, Mr. Sleeper, and Mr. Harville pointed out this would change the amount of the proposed budget amendment. The Board unanimously approved the motion from the Finance Committee with exception of Mr. Ecker, who was absent Public Hearings Budget Amendments-To Receive Citizen Input on the Proposed $10,263,653.15 Amendment to the FY2010/2011 Budget Regular Meeting August 2, 2010 Mr. Davis opened the public hearing at 7:18pm and explained the public hearing was to amend the County's FY2010/2011 budget, which would be $900,402.11 less than advertised since the Board voted to approve the Finance Committee's motion to not carryover the $900,402.11 from the High School Project line. No one signed up to speak. Mr. Davis closed the hearing at 7:19pm. Motion was made by Mr. Snead, seconded by Mr. Ingram to amend the FY2010/2011 Budget by $9,363,251.04, which would be a new total of $181,182,609.04 for the FY2010/2011 Budget. The following roll call vote was recorded: Mr. Snead-Yes, Mr. Pritchett-Yes, Mr. Ingram-Yes, Mr. Harville-Yes, Mr. EckerAbsent; Mr. Barber-Yes, and Mr. Davis-Yes. Mr. Snead's motion was unanimously approved by the Board, with Mr. Ecker being absent. Budget Amendment 2010-2011 REVEIV UES Current Budgeted Revenues $ 171,819,358.00 General Obligation Bond Proceeds/Interest 7,103,877.90 School Carryover Funds ~,~~n,°4ti.4' =$1,850,584.70 General Fund Carryover Funds 408,788.44 Proposed Amended Revenues $ 181,182,609.04 EXPE111DITURES Current Budgeted Expenditures High School Renovation Expenditures School Board Expenditures: Employees Health Insurance High School Project Pal's Tutors Funds Personal Assistants Textbook Funds Technology Telescope Project General Government Expenditures: Encumbrance Carryovers Carryovers of Designated Accounts Carryovers to meet 2011 Obligations Carryovers requested by Departments Carryover for Health Insurance $ 171,819,358.00 7,103,877.90 351,560.66 inn n m i ~ ~-~- _- - 4,307.98 455,000.00 1,038,864.08 851.98 112,273.41 31,803.29 42,909.00 196,802.74 25,000.00 Proposed Amended Expenditures $181,182,609.04 Regular Meeting August 2, 2010 Proposed Amendment to Chapter 6-6.3 of the Pittsylvania County Code, Property Exempt by Classification or Design. The proposed amendment would establish a tax exempt status for the Northern Pittsylvania Count Food Center, Inc. Mr. Davis opened the public hearing at 7:20pm. Mr. Sleeper told Mr. Davis this public hearing would need to be re-advertised. No one had signed up to speak and Mr. Davis adjourned the public hearing until the August 17, 2010 meeting of the Board. New Business Motion was made by Mr. Harville, seconded by Mr. Pritchett, to approve the annual performance contract with the Danville Pittsylvania County Community Services Board, which was unanimously approve by the Board, with the exception of Mr. Ecker, who was absent. Motion was made by Mr. Harville, seconded by Mr. Snead, to waive the hiring freeze for the position of Intake Diversion Specialist with the Court Services Unit that has a job salary of $33,114, which was unanimously approved by the Board, with the exception of Mr. Ecker, who was absent. Motion was made by Mr. Barber, seconded by Mr. Pritchett, to negotiate a contract with Dewberry & Davis, Inc. of Danville and Reynolds-Clark Development, Inc. of Gretna, to perform the necessary public sanitary sewer design for the Mega Park off Berry Hill Road, which was unanimously approved by the Board, with the exception of Mr. Ecker, who absent. Motion was made by Mr. Ingram, seconded by Mr. Harville, to award the sole source purchase to Medeltech, Inc. at a total cost of $13,000, to purchase a Fire Hazard Simulator to allow the Fire Marshall's office to expand and enhance the current fire prevention and public safety program in Pittsylvania County, which is be paid with grant funding and required no local funds. The following Roll Call Vote was recorded: Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Yes, Mr. Ekcer-Absent; Mr. Barber-Yes; Mr. Snead-Yes and Mr. Davis-Yes. Mr. Ingram's motion was unanimously approved by the Board, with the exception of Mr. Ecker, who was absent. Motion came from the Fire & Rescue Policies and Procedures Committee for the Board of Supervisors renew their contract with Regional One, dated September 1, 2010, for one year, contingent on Regional One establishing a backup facility in Gretna, which was unanimously approved by the Board, with the exception of Mr. Ecker, who was absent. Motion was made by Mr. Ingram, seconded by Mr. Harville, to authorize a letter of agreement to be written to Mid Atlantic Broadband Cooperative; that the Board of Supervisors does not oppose the assignment of a lease pending legal review and approval from the legal counsel and a letter from the Future of the Piedmont signed by a designated officer requesting that such assignment of lease be carried out on the behalf of Mid Atlantic Broadband Cooperative. Mr. Ingram's motion was unanimously approved by the Board with the exception of Mr. Ecker, who was absent. Appointments Motion was made by Mr. Snead, seconded by Mr. Barber, to appoint Kim Van Der Hyde, Director of Finance, as the Governmental Representative for 2010-2011 on the Regional Comprehensive Policy Management Board, which was unanimously approved by the Board, with the exception of Mr. Ecker, who was absent. Regular Meeting August 2, 2010 Closed Meeting Motion was made by Mr. Harville, seconded by Mr. Barber, and unanimously approved by the Board with the exception of Mr. Ecker, who was absent, to enter into Closed Meeting for the purpose of: Consultation with Legal Counsel and Briefings by Staff Members or Consultants pertaining to actual or probable litigation, where such consultations or briefings in open meeting would adversely affect the negotiating or litigation posture of the Public Body; and consultation with Legal Counsel employed or retained by a Public Body regarding specific legal matters requiring provision of legal advice by such Counsel. Authority: §2.2-3711 (A) (7) of the Code of Virginia, 1950, as amended Subject Matter: Smith v. Pittsylvania County; Case No. CL-10-0000-88-00 Purpose: Consultation with Legal Counsel concerning this case And 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. Authority: §2.2-3711 (A) (5) of the Code of Virginia, 1950, as amended Subject Matter: Industry 2009-12-32 Purpose: Discussion of industrial prospect Closed Meeting began at 7:36pm. The board reconvened at 8:02pm. Motion was made by Mr. Snead, seconded by Mr. Barber, to reconvene into Open Session and call for Certification of the Closed Meeting. The following certification resolution was read and approved by the following roll call vote: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the regular meeting of the Pittsylvania County Board of Supervisors on August 2, 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 Absent Tim R. Barber Yes James Snead Yes Williams H. Pritchett Yes Fred M. Ingram Yes Henry A. Davis, Jr. Yes Certification was unanimous. Regular Meeting August 2, 2010 Matters Presented by the Board Mr. Snead reminded everyone of National Night Out in Chatham, to be held the next night, beginning at Spm. Mr. Pritchett announced the Bethel Baptist Church would be celebrating its 145 year anniversary the following Sunday and everyone was invited to attend service and the education wing dedication, beginning at 10:45am. Mr. Harville stated the Animal League was doing a great job, hosting 2 events on the vaccinating of dogs, getting record amounts of people at each vaccination event with vaccinations being in an excess of 200, and if funding becomes available the League will host more vaccination events. Reports from County Administrator Mr. Sleeper reminded all Board members that the Regional Industrial Facilities Authority (RIFA) meeting would be held Monday, August 9, 2010, at 12:OOpm at the Institute for Advance Learning and Research and following the RIFA meeting, the Finance Committee of the Board of Supervisors would meet at Spm. Motion was made by Mr. Harville, seconded by Mr. Snead, to adjourn. The meeting adjourned at 8:06pm.