Loading...
09-07-2010 BOS Regular MeetingRegular Meeting September 7, 2010 Pittsylvania County Board of Supervisors Tuesday, September 7, 2010 Regular Meeting VIRGINIA: The Regular meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, September 7, 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 Marshall Ecker Staunton River District Henry A. Davis, Jr. Chatham-Blairs District Mr. William D. Sleeper, County Administrator, Mr. John P. Light, Legal Counsel, Mr. Greg Sides, Assistant County Administrator for Planning and Development, Mr. Ken Bowman, Director of Economic Development 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. Ingram, to approve the meeting's agenda with the following additions: (a) Authorization to Receive Real Estate (b) Engine Replacement-Landfill (c) Closed Session: Unannounced Industry -Authority: §2.2-3711 (A)(5) of the Code of Virginia, 1950, as amended for discussion of Industry 12010-06-16 and adoption of Resolution 2010-09-OS (d) Appointment of 2 Board Members who could vote at the upcoming Virginia Association of Counties (VACo) upcoming meeting Mr. Ecker's motion was unanimously approved by the Board. Hearing of the Citizens Mr. Phillip Lovelace of the Callands-Gretna District, gave the Board a CD of the March Uranium Symposium and stated that he believed the County could ban uranium mining if they used designated areas. Mr. George Henderson, Commissioner of the Pittsylvania Count Youth Sports Football League, stated that he had been in meetings with the Pittsylvania County School Board concerning their facilities usage fees and that he had negotiated a reduction from $150,000 down to $61,135 for the Youth League's fees to use school facilities for practice and games. Mr. Henderson stated that the School Board had also agreed to allow the Youth Sports Football League to begin practice in August and temporarily waived upfront payment for facility usage and extended the payment due date until September 30, 2010, at which time the football league would owe the schools approximately $4,000 that would pay for their season. He also stated that when the Sport League's basketball season stated, the schools expected payment at that time, as well as payment due when the Youth League's other sports programs began. Mr. Henderson asked the Board to please consider funding the facilities usage fee for the Pittsylvania County Youth Sports League. Regular Meeting September 7, 2010 Mr. Frank Fox, of the Chatham-Blairs District, made comments concerning the schools' achievements and a recent newspaper article stated 6 out of 18 schools in Pittsylvania County did not meet adequate standards and companies look for adequately educated citizens. He asked the Board of Supervisors to ask the School Board what the schools' plans were and/or what they plan to do to for improvements of these schools who did not meet the adequate standards. This concluded the Hearing of the Citizens. Motion was made by Mr. Ingram, seconded by Mr. Barber, to approve the Consent Agenda. 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. Ingram's motion was unanimously approved by the Board. Consent Agenda (a) Minutes: August 2, 2010 -Regular Meeting August 9, 2010 -Special Call Meeting August 17, 2010 -Adjourned Meeting (b) Bill List -August 2010 (c) Resolution - 75th Anniversary of the Blue Ridge Parkway (d) Sheriff Carryover (10-day Layover from August 17, 2010 meeting and requires Roll Call Vote) (e) Expenditure Refunds (requires Roll Call Vote) (f) Letter of Support- Annual Sartomer Race (g) Resolution on County Only Zip Codes (h) Ratify Resolution -Heir List Recordation Fee PITTSYLVANIA COUNTY BOARD OF SUPERVISORS 2010-09-01 VIRGINIA: AT THE REGULAR MEETING OF THE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS IN THE GENERAL DISTRICT COURTROOM IN CHATHAM, VIRGINIA ON TUESDAY, SEPTEMBER 7, 2010, THE FOLLOWING RESOLUTION WAS PRESENTED AND RATIFED: WHEREAS, the Virginia General Assembly adopted SB692, providing the Board of Supervisors the authority to charge aTwenty-five ($25.00) dollar fee for the recordation of a list of heirs or affidavit unless a will has been probated for the decedent of there has been a grant of administration on the decedent's estate; and WHEREAS, the Board of Supervisors desired to amend Pittsylvania County Code, §6-2.2, Heir List Levy, to incorporate the new statutory authority and collect the maximum amount permissible under the Virginia Code; and WHEREAS, after holding the required public hearing on Tuesday, August 17, 2010 in the Edwin R. Shields Addition of the General District Courtroom in Chatham, Virginia, a motion was made by the Honorable Coy E. Harville, seconded by the Honorable Fred M. Ingram, which was carried by a vote of 7-0, to amend the Pittsylvania County Code, 6-2.2, Heir List Levy, to incorporate the new statutory authority and collect the maximum amount permissible under the Virginia Code; Regular Meeting September 7, 2010 Members Vote Henry A. Davis, Jr. -Chairman Yes Tim R. Barber-Vice-Chairman Yes Coy E. Harville Yes Fred M. Ingram Yes James H. Snead Yes Marshall A. Ecker Yes William H. Pritchett Yes NOW, BE IT THEREFORE RESOLVED by the Board of Supervisors of Pittsylvania County, Virginia, on August 17, 2010, amended the Pittsylvania County Code to include Section 6-2.2, Heir List Levy, allowing a charge of Twenty-five ($25.00) dollar fee for the recordation of a list of heirs or affidavit unless a will has been probated for the decedent of there has been a grant of administration on the decedent's estate. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS 2010-09-02 VIRGINIA: AT THE REGULAR MEETING OF THE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS IN THE GENERAL DISTRICT COURTROOM OF THE EDWIN R. SHIELDS COURTHOUSE ADDTION IN CHATHAM, VIRGINIA ON TUESDAY, SEPTEMBER 7, 2010, THE FOLLOWING RESOLUTION WAS PRESENTED AND ADOPTED: WHEREAS, the Blue Ridge Parkway links the Great Smoky Mountains National Park to the Shenandoah National Park, providing 469 scenic miles for motor recreation along the crest of the Blue Ridge Mountains in North Carolina and Virginia; and WHEREAS, on November 24, 1933, at the recommendation of Virginia Senator Harry Byrd, Secretary of the Interior Harold Ickes approved construction of the new highway to connect the Great Smoky Mountains National Park and the Shenandoah National Park; and WHEREAS, on September 11, 1935, construction began on the first 12.5-mile section of the Blue Ridge Parkway near Cumberland Knob in North Carolina; and WHEREAS, the Blue Ridge Parkway was established by Congress as a unit of the National Park Service on June 30, 1936; and WHEREAS, the Blue Ridge Parkway is the most visited unit of the National Park Service with nearly 20 million visitors each year; and WHEREAS, the Blue Ridge Parkway is one of the strongest economic engines in the Southern Appalachian region, generating an estimated $2.3 billion in North Carolina and Virginia annually; and WHEREAS, construction of the Blue Ridge Parkway took more than 52 years, from 1935 to the completion of the Linn Cove Viaduct in North Carolina in 1987; then BE IT THEREFORE RESOLVED that the Board of Supervisors of Pittsylvania County request all of the citizens of the Commonwealth of Virginia and Pittsylvania County to join with their neighbors in North Carolina Regular Meeting September 7, 2010 to celebrate the 75`h Anniversary of the Blue Ridge Parkway and encourage these citizens to participate in the series of events that focus regional and national attention on the history and stewardship of the this national treasurer, marking this historic occasion; and BE IT FURTHER RESOLVED, that a copy of this resolution be presented to the Secretary of the Interior Friday, September 10, 2010 at the 75`'' Anniversary celebration at Cumberland Knob, North Carolina. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS 2010-09-03 VIRGINIA: AT THE REGULAR MEETING OF THE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS IN THE GENERAL DISTRICT COURTROOM OF THE EDWIN R. SHIELDS COURTHOUSE ADDTION IN CHATHAM, VIRGINIA ON TUESDAY, SEPTEMBER 7, 2010, THE FOLLOWING RESOLUTION WAS PRESENTED AND ADOPTED: WHEREAS, the United States Postal Service is in charge of the development of zip codes to serve various areas of localities throughout the United States; and WHEREAS, the United States Postal Service has identified various areas of Virginia which incorporate city names on areas that are located in surrounding counties; and WHEREAS, this has created a significant problem where vehicles are garaged for personal property tax purposes, and sales tax, which could inadvertently go to the city where the zip code is identified as opposed to going to the county which is the actual geographic location; and WHEREAS, Henrico County, Virginia, was recently successful in changing 11 zip codes from "Richmond" to "Henrico", which the County estimates helped reclaim significant sales tax since the change; and WHEREAS, Chesterfield County, another highly populated County in Virginia, has requested the same action. It was turned down by the U.S. Postal Service in Washington, D.C.; and WHEREAS, areas of Pittsylvania County, Virginia are identified as "Danville" in areas such as Brosville, Mt. Hermon, and Ringgold; then BE IT THEREFORE RESOLVED by the Board of Supervisors of Pittsylvania County they request their Virginia Congressional Delegation to work towards setting up zip codes in Brosville, Dan River and Mt. Hermon with separate zip codes from the City of Danville; and BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to all Virginia Congressional Delegates representing Pittsylvania County and the City of Danville. Public Hearings Proposal to Move Swansonville Voting Precinct from Katies Inc. Store to the Swansonville Pentecostal Holiness Church Fellowship Hall Mr. Davis opened the public hearing at 7:19pm. Ms. Brenda Arthur, Secretary of the Pittsylvania County Electoral Board, was the only speaker and asked the Board to adjourn the public hearing until Regular Meeting September 7, 2010 the next meeting since there seemed to be some question on whether or not the church was still willing to allow the fellowship hall to be used as the Swansonville voting precinct. No one else spoke and Mr. Davis adjourned the public hearing until the September 21, 2010 meeting of the Board. Proposal to Amend Chapter 23 of the Pittsylvania County Code, Flood Plain Management Mr. Davis opened the public hearing at 7:20pm. No one signed up to speak. Mr. Harville asked if this hearing could be adjourned until the Board's next meeting, and that the Board meet with Mr. Greg Sides, to go over all the changes and updates required that were spurred by updates to the current Federal Flood Plain Insurance Program. Mr. Davis then adjourned the public hearing until September 21, 2010 when the Board would next meet. Unfinished Business Mr. Sleeper explained that Mid Atlantic Broadband is anon-profit corporation that has been working with the Virginia Tobacco Commission to provide broadband Ethernet cable service along the U.S. RT 58 and RT 29 corridors along Southside Virginia. In order to continue to operate all the facets of the required infrastructure, it is necessary that the Board of Supervisors approve an agreement that allows the Future of the Piedmont Corporation to transfer its interest in a lease with Pittsylvania County to Mid Atlantic Broadband in Gretna, Virginia, concerning the multi-source access point. (MSAP). Since the County has an interest in this agreement, it was advised by Legal Counsel that the Board hold a public hearing for citizen input prior to approving the transfer of interest agreement. Motion was made by Mr. Ingram, seconded by Mr. Barber, to hold a public hearing on September 21, 2010, which was unanimously approved by the Board. New Business Motion was made by Mr. Harville, seconded by Mr. Ecker, to fund 50% of the cost of diesel fuel that would be used by an Emergency Response Vehicle (ERV) garaged at the Ringgold Volunteer Fire Department that is owned by the local chapter of the American Red Cross and responds as necessary to incidents in the County and the City of Danville. It is estimated that the vehicle would use approximately 250 gallons of fuel and would cost around $712.50 per year. Mr. Ecker then asked could the American Red Cross send a monthly invoice of fuel used instead of paying estimated amounts, and then split that cost with the City of Danville. Mr. Harville amended his motion to fund % of the fuel cost; that Mr. Sleeper send a letter to the City of Danville requesting they pay the other '/2 of the fuel cost, and have the American Red Cross send monthly invoices for fuel used, and that this would be for one year. Mr. Ekcer seconded Mr. Harville's amended motion and the Board unanimously approved Mr. Harville's amended motion. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve the amendment to the Engineering Services Agreement of 1999 with Dewberry of Danville, Virginia for construction, plans, bidding and construction administration of Phase II Cell B of the Pittsylvania County Landfill for a total of $69,900. Mr. Harville's motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Barber, to set a public hearing for citizen input on proposed amendments to the Pittsylvania County Code to include Morals and Decency and Community Standards, and for the hearing to be held on at the Board's meeting on September 21, 2010. Mr. Harville's motion was unanimously approved by the Board. Regular Meeting September 7, 2010 Motion was made by Mr. Ecker, seconded by Mr. Snead, to approve modifications into the current Open Space Agreement as written on pages 182-186 of the Board Packet, which was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Barber, set a public hearing for a new County enterprise zone incorporating the Mega Park for Tuesday, September 21, 2010. Mr. Snead's motion was unanimously approved by the Board. Motion was made by Mr. Ingram, seconded by Mr. Ecker, to approve a draft agreement from the County side identifying items the County could provide and proposed items from the Town of Gretna and that a copy be forwarded to the Gretna Town Council for their review, modification and approval. Mr. Ingram's motion was unanimously approved by the Board. Motion came from the Finance Committee to waive the hiring freeze and advertise for a county attorney experienced in administrative and constitutional law, depending upon qualifications, with a salary range of $55,000 - $90,000. The Board unanimously approved the Finance Committee's motion. Motion came from the Finance Committee to approve $900,402.11 of school carryover funds to be placed in instructional category, which was unanimously approved by the board. Motion came from the Finance Committee to advertise for a Director of Parks and Recreation at Pay Grade 15 and a salary range of $40,083 - $66,478, which was unanimously approved by the Board. No motions came from the Property and Buildings Committee, but did announce the committee would meet again on September 21, 2010 to discuss bids on the Moses Building repairs. Appointments Motion was made by Mr. Snead, seconded by Mr. Ingram, to send a letter to the Soil & Water Conservation Board of Directors nominating Robert Mills to the At-Large seat vacancy. Mr. Harville made a substitute motion to include Aubrey Pritchett's name as a nomination to the At-Large seat vacancy along with Mr. Mill's name. Mr. Harville's motion was unanimously approved. Mr. Harville later amended his motion, substituting Tom Keatts' name in place of Aubrey Pritchett's name to be sent along with Robert Mill's name to the Soil & Water Conservation Board of Directors as nominations for the At-Large seat on the Board, which was unanimously approved by the Board. Added Items Motion was made by Mr. Harville, seconded by Mr. Ingram, to authorize Legal Counsel to accept on the behalf of the Board of Supervisors 20.13 acres of property purchased from the Carothers Family Living Trust that adjoins the Pittsylvania County Landfill to the Banister River and authorize the Legal Counsel to sign the receipt of the deed on the behalf of the Pittsylvania County Board of Supervisors for a purchase price of $75,000, and to proceed with a proceed with a Quit Claim Deed for a gap of property that lies between the County Landfill property line and the 20.13 acres. Mr. Harville's motion was unanimously approved by the Board. Regular Meeting September 7, 2010 Motion was made by Mr. Ecker, seconded by Mr. Barber, to appropriate $15,380 from unappropriated surplus to the to the Pittsylvania County Landfill Engine Replacement line for collections to replace an engine in a landfill rolloff truck. Mr. Ecker's motion required a 10-day layover. Motion was made by Mr. Harville, second Mr. Barber, to appoint Mr. Davis and Mr. Snead to vote at the upcoming Virginia Association of Counties (VACo) meeting in November. Mr. Harville's motion was unanimously approved by the Board. Closed Meeting Motion was made by Mr. Harville, seconded by Mr. Barber, to enter Closed Meeting for the following reason: (a) 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 interesting 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 #12010-08-19 Purpose: Discussion of industrial prospect (b) Resolution of Support -Industry #12010-08-19 Mr. Harville's motion was unanimously approved by the Board. Closed Meeting began at 8:OSpm. Motion was made by Mr. Harville, seconded by Mr. Pritchett, to renter Open Meeting which was unanimously approved by the Board. 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 September 7, 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. Regular Meeting September 7, 2010 After Mr. Sleeper read resolutions 2010-09-04 and 2010-09-05, Mr. Ecker made a motion, seconded by Mr. Harville, to approve Resolutions 2010-09-04 and 2010-09-05, which was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS 2010-09-04 VIRGINIA: AT THE REGULAR MEETING OF THE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS IN THE GENERAL DISTRICT COURTROOM OF THE EDWIN R. SHIELDS COURTHOUSE ADDTION IN CHATHAM, VIRGINIA ON TUESDAY, SEPTEMBER 7, 2010, THE FOLLOWING RESOLUTION WAS PRESENTED AND ADOPTED: WHEREAS, the Economic Development Office of Pittsylvania County and the County Administrator's Office have been working Industry 12010-08-19, an unnamed industry who is considering a location in Pittsylvania County; and WHEREAS, this industry is a high tech innovative industry working on a new market segment for highly efficient green and energy saving components; and WHEREAS, this industry is collaborating with State and Federal government officials working on additional funding to support their innovative green-marketing concepts; and WHEREAS, the initial elements for this proposed industry incorporate research and refining of components that utilize petro-chemical and gasoline; and WHEREAS, this industry is considering a location in Pittsylvania County, beneficial to the entire County in providing new employment and new investments in Pittsylvania County; then BE IT THEREFORE RESOLVED that the Board of Supervisors of Pittsylvania County agrees in the concept and the programs developed for Industry 12010-08-19 and supports its green technology and its initial research phase for the development of its components and invites this industry to locate its new business and research facilities in Pittsylvania County. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS 2010-09-OS VIRGINIA: AT THE REGULAR MEETING OF THE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS IN THE GENERAL DISTRICT COURTROOM OF THE EDWIN R. SHIELDS COURTHOUSE ADDTION IN CHATHAM, VIRGINIA ON TUESDAY, SEPTEMBER 7, 2010, THE FOLLOWING RESOLUTION WAS PRESENTED AND ADOPTED: WHEREAS, Industry 12010-06-16, an unnamed industry prospect for Pittsylvania County is considering the location of a large manufacturing facility within Pittsylvania County; and WHEREAS, Industry 12010-06-16 will be providing significant employment and investment opportunities in Pittsylvania County to provide for former textile workers and operative employees that could be utilized by their industry to provide new products that will support the transportation industry; and Regular Meeting September 7, 2010 WHEREAS, Industry 12010-06-16 is considering a location in Pittsylvania County that will also utilize rail and public transportation, as well as additional manufacturing space; then BE IT THEREFORE RESOLVED, that the Board of Supervisors of Pittsylvania County understands the needs and concepts of Industry 12010-06-16 and supports their intent towards developing necessary funding for the location of their industry in Pittsylvania County from State, Federal, and local levels. The Pittsylvania County Board of Supervisors supports the development of this new industry in Pittsylvania County and promises to provide additional support as it moves forward on the proposals to purchase and develop industrial sites in Pittsylvania County; and BE IT FURTHER RESOLVED, that copies of the required resolution will be forwarded to State and Federal agencies providing the Board of Supervisors' support for this industry as needed. Matters Presented by the Board Mr. Ecker mentioned the cut off date for citizen comment to the Virginia Department of Transportation (VDOT) concerning the "No Thru Trucks" signs proposed for Blue Ridge Drive was the upcoming Friday, and asked Mr. Sleeper when the next Roadviewers meeting would be. Mr. Sleeper told him that Mr. Joe Barkley, Engineering Resident for VDOT, calls the meetings. Mr. Harville stated he plans to attend the Transportation Board meeting that will be held October 3, 2010. Mr. Snead encouraged everyone to attend the upcoming Danville-Pittsylvania County Fair. Reports from County Administrator Mr. Sleeper reminded all Board members of dedication ceremonies for the four high schools and the 75th Anniversary of the Blue Ridge Parkway was Friday, September 10, 2010, and the opening ceremony would take place at Cumberland Knob, North Carolina. Adjournment Motion was made by Mr. Snead, seconded by Mr. Harville, to adjourn. The meeting adjourned at 8:47pm.