Loading...
09-21-2010 BOS Adjourned MeetingAdjourned Meeting September 21, 2010 Pittsylvania County Board of Supervisors Tuesday, September 21, 2010 Adjourned Meeting VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, September 21, 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 7:05 p.m. The following members were present: Tim Barber James Snead William H. Pritchett Coy E. Harville Fred M. Ingram Marshall Ecker Henry A. Davis, Jr. Tunstall District Dan River District Banister District Westover District Callands-Gretna District Staunton River District 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. Odie Shelton, Director of Code Compliance and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Pritchett gave the invocation and led the Pledge of Allegiance. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve the meeting's agenda with the following additions: (a) Appointments to the Building Code Board of Appeals (b) Bid Award-Furniture & Equipment for Chatham Train Depot (c) Observance of Halloween (d) Proposed Amendment Changes to Chapter 35, Zoning, of the Pittsylvania County Code (e) Closed Session: Discussion concerning a prospective business or industry or 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 County. Authority: §2.2-3711 (A)(5) of the Code of Virginia, 1950, as amended Subject Matter: Industries: 12010-06-16, 12010-08-20; 12010-08-21, and 12010-08-24 Purpose: Discussion of industrial prospect (f) Resolution for Enterprise Zone (to follow public hearing) (g) Ratify Resolution on Burning Ban in Pittsylvania County (h) Resolution for "No Litter" sign on Level Run Road Mr. Davis stated since there were so many people in the audience signed up to speak about Agenda Item 14-Recreation Funding Requests, he would allow them to speak at this time, reminding them to please limit their comments to 3 minutes and following their comments, the Board would discuss the Recreation Funding Requests. Phyllis Marshall, Dennis Saunders, Sherry Scolpini, Jaime Bethel and April Marshall all made comments of concern for the future of youth sports in Pittsylvania County and each asked the Board to consider the funding requests from the various youth sports booster clubs in Pittsylvania County. Mike Prytle, Kenneth Davis, Diane Davis, Melinda Powell, Tim Gregory, Heather Satterfield, Angela Bowles, Brennan Arthur, Kevin Davis and Rachel Towler all made comments supporting the youth sports in Pittsylvania County and the Pittsylvania County Youth Sports League's funding request. All speakers were considered about any of the groups would be able to pay the Pittsylvania County School Boards Facilities Usage Fees without the Board of Supervisors approving the funding requests. Mr. Richard Shumate, of the Westover District, also made comments in Adjourned Meeting September 21, 2010 supporting the funding requests. Brandon Arthur, of the Callands-Gretna District, and a participant in youth sports in the County, also made comments supporting the funding requests. No one else had signed up to speak. Mr. Harville then told the audience that there appeared to be some misconception in that the Board of Supervisors were not "cutting out recreation" as some seemed to think. The problem facing youth sports in the County is that the School Board developed and approved charging the facilities usage fees and that none of the people who were in attendance tonight have ever attended a school board meeting about their charging these fees. That some booster clubs had raised get deals of money and donated time for improvements to football fields that they now have to pay a usage fee in order to use and the Board of Supervisors are not at fault for these fees being placed upon the sports leagues. Chairman Davis then moved on to Item 14-Recreation Funding Requests. Mr. George Henderson, of the Pittsylvania County Youth Sports League and Commissioner of the Pittsylvania County Youth Football League, stated that the Youth League Sports had negotiated with the School Board and by narrowing down the projected facility usage hours by the participating sports groups, the league had reduced the initial charge by the Schools from $150,000 to $61,135 for facilities usage fees, with the stipulation that each sports league must pay their fees up front when their respective seasons start, but did extend the Football League's due date to September 30, 2010, at which time $4,000 will be due to the Schools. Mr. Henderson told the board that would carry the Football League to November 1St, which was then end of their season and the League's current funding request was for the $4,000. Mr. George Winn, Chairman of the Pittsylvania County Recreation Advisory Board stated he had spoken to various members of the Pittsylvania County School Board and was under the impression the School Board would agree to less than the $61,135, believing the School Board would agree to $40,000. Mr. Davis then stated to the audience in attendance that as stated earlier, the Board of Supervisors were not responsible for these usage fees and that the booster clubs and parents of youth league participants should have been attending some of the School Board meetings earlier in the year. Motion was made by Mr. Barber, seconded by Mr. Snead, to pay the $4,000 due the schools from the Youth Sports Football League and set up a Finance Committee meeting to sort out payment for the rest due from the participating Youth League Sports and that all participating parties in the recreation fees issues be present, including representation from the Recreation Advisory Board. A substitute motion was then made by Mr. Ingram, seconded by Mr. Pritchett, to give the School Board $40,000 from unappropriated funds for all anticipated facilities usages fees this year for the participating youth sports leagues, which would require a 10-day layover. It was noted that if a 10-day layover occurred, then the extension provided to the Youth Football League to pay their fees would have lapsed. Mr. Harville stated that there was nothing in writing from the School Board stating they had agreed to the reduced amount of $40,000. Mr. Snead asked the Chairman to explain to the audience why the Board could not spend $40,000 that night. Mr. Davis told the audience that the Code of Virginia did not allow the governing body to appropriate more than $5,000 of unappropriated funds without first having a 10-day layover following the motion approving such an appropriation. Thus, Mr. Barber's motion was only motion that could be carried out tonight. Since the $40,000 appropriation in Mr. Ingram's substitute motion could not be voted on that night but Mr. Barber's could, and Robert's Rules of Order state a substitute motion must be considered prior to the primary motion, Mr. Sleeper and Legal Counsel stated that the motions needed to be separated and Mr. Ingram made his motion a primary motion, which still could not be voted on that night. Mr. Barber's motion has the following roll call vote: Mr. Harville-Yes; Mr. Ecker- Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-No; and Mr. Davis-Yes. Mr. Barber's motion passed by a 6-1 majority vote, with Mr. Ingram in opposition. Public Hearings Rezoning Cases Case 1: Donnie B. Richardson & Marshah W. Richardson - Tunstall District; R-10-033 Adjourned Meeting September 21, 2010 R-1, Residential Suburban Subdivision District to A-1, Agricultural District The following proffer was offered prior to opening the public hearing: STATE OF VIRGINIA COUNTY OF PITTSYLVANIA BEFORE THE PITTSYLVANIr1 COUNTY BOARD OF SUPERVISORS RE: CASE 1; R-10-033 Relone the properly from R-1, Reridentia! SnGuriian Subdirntion District to A-1, Agricultural Dirtrict an property located o~ State Read 8821 IY/ert Sunrise Drive, namely Tat A/ap Number 1481-26-1147/ 135B-6-6C cattaining 4.37 acrr.r. PROFFER OF CONDITIONS: We, Donnie B. Richazdson & Marshah W. Richardson, hereby voluntarily proffer to the Pittsylvania County Board of Supervisors the following conditions for the above referenced property: 1. The tract can only obtain one residence/dwelling. 2. No animal farms other than cattle or horses. 3. The mobile home/residence to be placed will house sing/e families only - no migrant workers. ubmitted: Respectfully s Applicant Date Sworn to and subscribed befor me, in my presence KA7HY N. BELtON this ~Uday of, 2010. A Vir "a ~or1' Pubic - (Notary Public. I d for Commonweotth of VltpiMO ' Coinn City otary 7I6BJSY My commlaaon Explre~ qug S1, 2pt2 - u c My com , ssio xpires Mr. Davis opened the public hearing at 8:48pm. Mr. Shelton explained that Donnie and Marshah Richardson have petitioned to rezone 4.37 acres, located off State Road 8821West Sunrise Drive, in the Tunstall Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (for agricultural use and for placement of a single-wide mobile home for their son's residence). Mr. Richardson submitted a proffer on September 7, 2010, to address concerns of the neighbors. The Planning Commission, with no opposition, recommended granting the petitioner's request with the proffer submitted. Donnie Richardson was there to represent the case. No one signed up to speak. Mr. Davis closed the public hearing at 8:Slpm. Motion was made by Mr. Barber, seconded by Mr. Snead, to approve rezoning Case R-10-033 from R-1 to A-1, and to include the submitted proffer. 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. The Board unanimously approved Mr. Barber's motion that included the following proffer: Case 2: Atkinsons, LLC-Chatham-Blairs District; R-10-034 Adjourned Meeting September 21, 2010 MHP, Residential Manufactured Housing Park District & R-1, Residential Suburban Subdivision to B-2, Business District, General Mr. Davis opened the public hearing at 8:52pm. Mr. Shelton explained that Atkinsons, LLC, has petitioned to rezone a total of 2.37 acres, two parcels, located on U.S. Highway 29 in the Chatham- Blairs Election District from MHP, Residential Manufactured Housing Park District and R-l, Residential Suburban Subdivision to B-2, Business District, General (to bring the properties into compliance for their previous and existing use). The Planning Commission, with no opposition, recommended granting the petitioner's request. Jo Ann Atkinson was there to represent the case. No one has signed up to speak and Mr. Davis closed the hearing at 8:53pm. Motion was made by Mr. Harville, seconded by Mr. Barber, to approve rezoning Case R-10-034 from MHP and R-1 to B-2. 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; Mr. Davis-Yes. The Board unanimously approved Mr. Harville's motion. Case 3: Rachel L. Hartman-Dan River District; R-10-035 B-2, Business District, General to RC-1, Residential Combined Subdivision District Mr. Davis opened the public hearing at 8:54pm. Mr. Shelton explained that Rachel Hartman had petitioned to rezone 2.00 acres, located on SR 735/Mountain Hill Road in the Dan River Election District from B-2, Business District, General to RC-l, Residential Combined Subdivision District (for the placement of a single-wide mobile home for her personal residence and to make the zoning consistent with the general area.) The Planning Commission, with no opposition, recommended granting the petitioner's request. Rachel Hartman and Angela Purnell were there to represent the case. No one signed up to speak and Mr. Davis closed the public hearing at 8:SSpm. Motion was made by Mr. Snead, seconded by Mr. Pritchett, to rezone Case R-10-035 from B-2 to RC-l. 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; Mr. Davis-Yes. Mr. Snead's motion was unanimously approved by the Board. Case 4: W.T. Gatewood, Jr. -Westover District; R-10-036 R-1, Residential Suburban Subdivision District to A-1, Agricultural District Mr. Davis opened the public hearing at 8:57pm. Mr. Shelton explained that W.T. Gatewood, Jr. had petitioned to rezone 1.938 acres, located on SR 879/Pine Lake Road, in the Westover Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to combine with the adjacent parcel zoned A-1). The Planning Commission, with no opposition, recommended granting the petitioner's request. Mr. Gatewood was present to represent the petition. No one signed up to speak and Mr. Davis closed the hearing at 8:58pm. Motion was made by Mr. Harville, seconded by Mr. Ecker, to rezone Case R-10-036 from R-1 to A-1. 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; Mr. Davis-Yes. Mr. Harville's motion was unanimously approved by the Board. Case 5: James A. Mahan-Tunstall District; R-10-037 R-1, Residential Suburban Subdivision District portion to A-1, Agricultural District Mr. Davis opened the hearing at 8:58pm. Mr. Shelton explained that James A. Mahan had petitioned to rezone 7.00 acres, more or less, (part of 98.58 acres) located on SR 649/Anderson Mill Road, in the Tunstall Election District from R-l, Residential Suburban Subdivision District to A-1, Agricultural District (to make the 98.58 acres of property all A-1, Agricultural District). The Planning Commission, with no opposition, recommended granting the petitioner's request. James Mahan was there to represent the petition. No one signed up to speak and Mr. Davis closed the hearing at 9:OOpm. Motion was made by Mr. Barber, seconded by Mr. Snead, to rezone Case R-10-037 from R-1 to A-l. The following roll Adjourned Meeting September 21, 2010 call vote was recorded: Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Davis-Yes. Mr. Barber's motion was unanimously approved by the Board. Case 6: Kenneth D. Hawkins & Teresa E. Hawkins-Westover District; R-10-038 R-1, Residential Suburban Subdivision District portion to A-1, Agricultural District Mr. Davis opened the public hearing at 9:01 pm. Mr. Shelton explained that Kenneth and Teresa Hawkins had petitioned to rezone the R-1, Residential Suburban Subdivision District portion of 4.00 acres to A-1, Agricultural District (to bring the property into compliance and to make the zoning consistent with the surrounding area). The R-1 portion is 2 acres, located on SR 875/Horseshoe Road, in the Westover Election District. The Planning Commission, with no opposition, recommended granting the petitioner's request. Mr. Hawkins was there to represent the petition. No one signed up to speak and Mr. Davis closed the hearing at 9:02pm. Motion was made Mr. Harville, seconded by Mr. Ecker, to rezone Case R-10-038 from R-1 to A-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; Mr. Davis-Yes. Mr. Harville's motion was unanimously approved by the Board. Case 7: Benton L. Giles-Tunstall District; R-10-039 M-1, Industrial District, Lig{it Industry to A-1, Agricultural District Mr. Davis opened the public hearing at 9:03pm. Mr. Shelton explained that Benton L. Giles had petitioned to rezone 132.94 acres, located on State Road $22/Ponderosa Road, in the Tunstall Election District from M-1, Industrial District, Light Industry to A-1, Agricultural District (for future sale of the property.) The Planning Commission, with no opposition, recommended granting the petitioner's request. Jeanne Giles was there to represent the petition. No one signed up to speak. Mr. Davis closed the hearing at 9:04pm. Motion was made by Mr. Barber, seconded by Mr. Snead, to approve rezoning Case R-10-039 from M-1 to A-1. 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; Mr. Davis-Yes. Mr. Barber's motion was unanimously approved by the Board. Case 8: Kyle O. Garner & Sherri S. Garner- Banister District; R-10-040 R-1, Residential Suburban Subdivision District to A-1, Agricultural District Mr. Davis opened the public hearing at 9:OSpm. Mr. Shelton explained that Kyle and Sherri Garner had petitioned to rezone 26.00 acres, located on the corner of SR 832 and Fairview North, in the Banister Election District from R-l, Residential Suburban Subdivision District to A-1, Agricultural District (for agricultural use-horses and a barn). The Planning Commission, with no opposition, recommended granting the petitioner's request. Mr. Garner was there to represent the petition. No one signed up so speak. Mr. Davis closed the hearing at 9:OSpm. Motion was made by Mr. Pritchett, seconded by Mr. Harville, to rezone Case R-10-040 from R-1 to A-1. 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; Mr. Davis-Yes. Mr. Pritchett's motion was unanimously approved by the Board. Case 4: Lester A. Strode-Westover District (Continued from August Cycle); R-10-032 R-1, Residential Suburban Subdivision District to B-2, Business District, General The following proffer was offered prior to opening the public hearing: Adjourned Meeting September 21, 2010 STATE OF VIRGINIA COUNTY OF PITTSYLVANL~1 BEFORE THE PITi'Sl'LVANIA COUNTY BOARD OF SUPERVISORS RE: CASE 4; R-10-032 Ketone the property from R- /. Reridential Suburban Subdirarion Diririct to B-2, Burinerr Drrtricr, General, on property locateA on State Road 719/ Lawlerr Creek Road, namely Tax A-fop Number 2421- 80-8226/ 139A-11-7 containing 14.84 acres. PROFFER OF CONDITIONS: [, Lester A. Strode, hereby voluntarily proffer to the Pittsykania County Board of Supervisors the following conditions for the above referenced property: 1. The so% use of the property wi// be for parking of emp/oyee vehicles, pa ving equipment vehicles and for sand and gravel storage. 2. Any use other than so/e/y related to my pa ving business wi/1 require a pubic hearing with a P/arming Commission recommendation and Board of Supervisors approva/. Respectfully submitted: g' - Zb~/D ~' Apph'cant Date ~ ~ Swo t and subscribed before me, in my presence Its thisdayof 010. AVirginia~ Co i n lop mL !St No a P Gc nd r IA.J Coun ~ City ~ of Public My co sio e. ices Mr. Davis opened the public hearing at 9:06pm. Mr. Shelton explained that Lester A. Strode had petitioned to rezone 14.84 acres, located on SR 719/Lawless Creek Road in the Westover Election District from R-1, Residential Suburban Subdivision to B-2, Business District, General (for storage of commercial vehicles relative to his paving company). On August 5, 2010, the Planning Commission, with opposition, recommended the case be continued until the next meeting in order for Mr. Strode to submit a proffer. On September 9, 2010, the Planning Commission, with opposition, recommended denying the petitioner's request. Mr. Strode was present to represent his petition. Ms. Annie Osborne asked that the Board consider the narrowness of the roads and didn't think a paving company traveling up and down the roads would be safe, and that a petition of 83 residents had been given to the Planning Commission opposing the rezoning. Mr. Ken Osborne also made similar comments as Ms. Osborne. Ms. Lee Ann Barker was opposed to the rezoning request, stating the property had been used incorrectly to zoning for a year now; that Mr. Roy Ford had tried to have the property rezoned in June 2009 for his business and the roads being too unsafe for that sort of vehicles had been a primary factor in the denial to rezone at that time. Mr. Strode stated that he was just trying to make a living and had not been aware that he was out of compliance per the zoning, and that he had not heard any complaints from anyone until he wanted to relocate the parking area for his vehicles. No one else signed up to speak. Mr. Davis closed the hearing at 9:18pm. Motion was made by Mr. Harville, seconded by Mr. Ecker, to deny the rezoning of Case R-10-032, based on the recommendation of the Planning Commission. 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, Mr. Dads-Yes. The Board unanimously approved Mr. Harville's motion denying the rezoning request of Case R-10-032. This ended the Rezoning Cases Adjourned Meeting September 21, 2010 Consent Agenda Motion was made by Mr. Ecker, seconded by Mr. Barber to approve the Consent Agenda but to include Millstream Drive in the resolution on item (d), to pull item (b) from the Consent Agenda to vote on separately, and to note that items (e) and (g) require 10-day layovers and also need to be pulled for a separate motion. The following roll call vote was recorded: Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-No; Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Barber-Yes, Mr. Davis-Yes. Mr. Ecker's motion was approved by a 6-1 majority vote of the Board with Mr. Ingram in opposition. Motion was then made by Mr. Snead, seconded by Mr. Pritchett, to approve the October payment to Regional One. The following vote was recorded: Mr. Barber-No; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-No; Mr. Ecker-No; Mr. Davis-Yes. Mr. Snead's motion passed by a majority vote of 4-3 of the Board. Motion was made by Mr. Ecker, seconded by Mr. Snead, to approve items (e)-Sheriff's Carryover, and (g)-Expenditure Refunds-both requiring a 10 day layover. a) Out of State Travel (b) RegionalOne-October (c) Proclamation -National Fire Prevention Week (d) "No Litter Signs" on Rockford School Road and Dewberry Road (e) Sheriff s Carryovers (Requires 10-Day Layover) (f) Engine Replacement (10-Day Layover from 09-07-2010 meeting) This requires a roll call vote. (g) Expenditure Refunds (Requires 10-Day Layover) PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2010-09-06 WHEREAS, Section 33.1-69 of the Code of Virginia, 1950, as amended, places the control supervision, management and jurisdiction over the Secondary System of State Highways in the Department of Transportation; and WHEREAS, the Department of Transportation maintains safety and warning sign and devices for the protection of the public using the Secondary System of Highways; then BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors respectfully requests the Department of Transportation to install "No Litter" signs on State Route 665 (Rockford School Road} and on State Route 756 (Dewberry Road), in the Staunton River District, and on State Route 792 (Millstream Drive) in the Callands-Gretna District of Pittsylvania County, Virginia Public Hearings Proposal to Move Swansonville Voting Precinct from Katies Inc. Store to the Swansonville Pentecostal Holiness Church Fellowship Hall (Adjourned from September 7, ZO10 Meeting) Mr. Davis reopened the public hearing at 9:38pm. No one signed up to speak and Mr. Davis closed the hearing at 9:39pm. Mr. Sleeper recommended no action be taken since redistricting will have to take place before the next big election. The Board took no action. Adjourned Meeting September 21, 2010 Proposal to Amend Chapter 23 of the Pittsylvania County Code, Flood Plain Management (Adjourned from September 7, 2010 Meeting) Mr. Davis opened the public hearing at 9:40pm. No one signed up to speak and Mr. Davis closed the hearing at 9:41pm. Mr. Ecker made a motion, seconded by Mr. Harville to amend Chapter 23-Flood Plain Management, of the Pittsylvania County Code. 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; Mr. Davis-Yes. Mr. Eckers's motion was unanimously approved by the Board. Proposed Enterprise Zone Application to the Virginia Department of Housing & Community Development Mr. Davis opened the hearing at 9:41pm. No one signed up to speak and Mr. Davis closed the public hearing at 9:42pm. Mr. Harville made a motion, seconded by Mr. Barber, to approve the proposed enterprise zone application to be submitted to the Virginia Department of Housing and Community Development and to approve Resolution 2010-09-07 that would accompany the application. 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; Mr. Davis-Yes. Mr. Pritchett's motion was unanimously approved by the Board. Mr. Harville's motion was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS 2010-09-07 VIRGINIA: AT THE ADJOURNED MEETING OF THE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS IN THE GENERAL DISTRICT COURTROOM IN CHATHAM, VIRGINIA ON TUESDAY, SEPTEMBER 21, 2010, THE FOLLOWING RESOLUTION WAS PRESENTED AND ADOPTED: WHEREAS, the Commonwealth of Virginia has developed an Enterprise Zone Program, which offers incentives to encourage economic development projects that result in local private investments and local job creation; and WHEREAS, the City of Danville and the County of Pittsylvania are jointly developing a Mega Park project which is located in Pittsylvania County; and WHEREAS, the Virginia Department of Housing and Community Development is accepting applications for a new Enterprise Zone designation, due on October 1, 2010; and WHEREAS, designation of the Mega Park site as an Enterprise Zone will encourage and promote new economic development projects with significant private investments and job creation; then BE IT RESOLVED that the Pittsylvania County Board of Supervisors supports the application by the County for a new Enterprise Zone designation; and BE IT FURTHER RESOLVED that the Pittsylvania County Board of Supervisors authorizes the County Administrator to submit all information needed to apply for Enterprise Zone designation; and BE IT FURTHER RESOLVED that the Pittsylvania County Board of Supervisors authorizes the County Administrator to meet other program administrative and reporting requirements, as defined by the Enterprise Zone Regulations, throughout the life of the zone. Adjourned Meeting September 21, 2010 Lease of County Property by Mid Atlantic Broadband, anon-profit corporation that is receiving a proposed assignment of lease from the Gretna MSAP facility from Future of the Piedmont Mr. Davis opened the public hearing at 9:45pm. No one signed up to speak and Mr. Davis closed the hearing at 9:46pm. Motion was made by Mr. Ingram, seconded by Mr. Pritchett, to approve the assignment of the lease to Mid Atlantic Broadband, Inc. from Future of the Piedmont in the name of Pittsylvania County for the Gretna MSAP and authorize the County Administrator to sign all necessary documentation following the approval of legal counsel. Mr. Ingram's motion was unanimously approved by the Board. Proposed amendment the Pittsylvania County Code; Chapter 12-Moral Decency and Community Standards Mr. Davis opened the public hearing at 9:476pm. Ms. Andrea Davis spoke in opposition of strip clubs and obscene jobs in the community. No one else signed up to speak. Mr. Davis closed the hearing at 9:49pm. Mr. Harville made a motion„seconded by Mr. Barber, to approve the amendments to Chapter 12, Moral Decency and Community Standards, of the Pittsylvania County Code. Mr. Ecker stated that he there were codes that also should be included in the code as well as the penalties for those particular codes. Legal Counsel advised that the amendments to the code be adopted by the Board as advertised, and that if the Board wished, another public hearing could be advertised for citizen input concerning the State Code sections Mr. Ecker wanted to include. 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; Mr. Davis-Yes. Mr. Harville's motion was unanimously approved by the Board. This concluded the public hearings. New Business Mr. Phillip Lantrip of the Gretna Band Boosters addressed the Board concerning the band's financial loss that occurred when several items, along with the Band's trailer, were stolen in July and the estimated loss was roughly $13,500. The band boosters were requesting the Board to consider some funding to the Gretna Band Boosters in order to offset this significant loss. Motion was made by Mr. Ecker, seconded by Mr. Barber, to refer this matter to the Finance Committee, which was unanimously approved by the Board. Mr. Sleeper was directed by the Board to go back to the Town of Chatham concerning participation and terms of agreement on the North Chatham Booster Station and return to the Board with a written agreement on what the Town of Chatham, the Pittsylvania County Service Authority and Pittsylvania County will or will not be responsible for and bring that back to the Board for their consideration. Motion came from the Property and Buildings Committee to approve a contract with Strickland Waterproofing Company, Inc., including Alternate II, for an amount of $235,340. This motion required a 10-day layover. Appointments Motion was made by Mr. Ingram, seconded by Mr. Snead, for the following appointments made to the Building Code Board of Appeals: Callands/Gretna District: Mr. James Chaney Chatham/Blairs District: Mr. Steve Finkner Adjourned Meeting September 21, 2010 Dan River District: Mr. Donald Fox Staunton River District: Mr. Jay Craddock Tunstall District: Mr. Bobby Inman Mr. Ingram's motion was unanimously approved by the Board. Added Items Motion was made by Mr. Harville, seconded by Mr. Ecker, to make the following bid awards for furniture and equipment for the Chatham Train Depot renovation project: $5,583.85 to Barrows Office Furniture and $36,950 to Rock on Wood, for a total award of $42,533.85, which was unanimously approved by the Board. Mr. Davis reminded everyone present that the funds for this award came from a Grant Fund and that no local funds were used. Motion was made by Mr. Harville, seconded by Mr. Barber, that the County officially celebrate Halloween on Saturday, October 30, 2010 instead of on Sunday, October 31, 2010 since both the County's Sheriff's Office and the City of Danville Police Department were hosting their annual Trunk or Treat events on October 30. Mr. Harville's motion was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Mr. Harville, to set a public hearing on Monday, October 4, 2010, for citizen input on proposed amendments to Chapter 35-Zoning, of the Pittsylvania County Code, which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Ingram, to ratify Resolution 2010-09-08, declaring that an emergency existed throughout the County, and that open air fires, to include camp fires, are prohibited, which was unanimously approved by the Board. ITTSYLVANIA COUNTY BOARD OF SUPERVISORS 2010-09-08 DECLARATION OF LOCAL EMERGENCY VIRGINIA: AT THE ADJOURNED MEETING OF THE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS IN THE GENERAL DISTRICT COURTROOM IN CHATHAM, VIRGINIA ON TUESDAY, SEPTEMBER 21, 2010, THE FOLLOWING RESOLUTION WAS PRESENTED AND RATIFIED: WHEREAS, Chapter 27 of the Code of Pittsylvania County allows that the Director of Emergency Management, after consultation with the Virginia Department of Forestry, shall have the authority to issue a declaration of emergency when, in their opinion, continued dry weather conditions require the issuance of such a declaration; and WHEREAS, the lack of rainfall, low humidity and potential for winds has caused the County of Pittsylvania to face a dangerous fire condition; and WHEREAS, due to the lack of moisture, a state of extreme peril for life and property necessitates the proclamation of the existence of an emergency; and WHEREAS, the Board of Supervisors has the duty to declare a local emergency to protect the citizens and their property located in the County of Pittsylvania; then Adjourned Meeting September 21, 2010 NOW THEREFORE, BE IT RESOLVED that the Pittsylvania County Board of Supervisors does hereby declare that an emergency now exists throughout the County, and that open air fires, to include camp fires, are prohibited ;and BE IT FURTHER PROCLAIMED AND ORDERED, that during the existence of said emergency, the powers, functions and duties of the Director of Emergency Management Services of the County of Pittsylvania County shall be those prescribed by state law and the ordinances, resolutions and approved plans of the County of Pittsylvania in order to mitigate the effects of said emergency. Matters Presented by the Board Motion was made by Mr. Harville, seconded by Mr. Snead, to send notice to the school board that all agendas and minutes from the school board be only electronically sent to the Board of Supervisors and not mailed through the post office in an effort to help conserve tax payer monies. The Board unanimously approved Mr. Harville's motion. Reports from County Administrator Motion was made by Mr. Pritchett, seconded by Mr. Snead, supporting a resolution came from the Constitution Officers requesting the Board of Supervisors' adoption and that t be forwarded on to the County's local state representatives. Mr. Harville recommended the Board wait until closer to the General Assembly meeting. Mr. Ecker stated that the resolution itself did not state where to send it, or what the Constitutional Officers were really asking the Board to support and that it either needs to be re- written, or have the Constitutional Officers sent it themselves. Mr. Pritchett's motion was approved by a 5-2 majority vote of the Board, with Mr. Harville and Mr. Ecker in opposition. The resolution was assigned #2010-09-10. RESOLUTION 2010-09-10 August 12, 2010 TREASURER AND COMMISSIONER OF REVENUE Be it RESOLVED in support of our locally elected Constitutional Officers, in particular the TREASURER andCOMMISIONER OF THE REVENUE. That they provide invaluable service to our citizens and that the constitutional officer form of government provides our citizens with fundamental 'checks and balances' and a degree of public accountability unmatched by alternative forms of government. Be it further RESOLVED that the founders of our Commonwealth understood that 'the power to tax is the power to destroy'. Therefore, ensuring that citizens were treated fairly and impartially, the duties of local government were intentionally segregated. Accordingly, fiscal policy is the exclusive domain of the local governing body; the amount and method of assessments is the domain of the Commissioners of the Revenue; and, collections are the sole responsibility of Treasurers. Be it further RESOLVED as elected representatives and stewards of tax dollars, Treasurers and Commissioners of the Revenue are directly accountable to the citizens they represent. They are judged daily on each transaction performed in their offices and after each election cycle on how well they perform their roles and how well they spend taxpayer dollars. Adjourned Meeting September 21, 2010 Be it further RESOLVED that because of the inherent conscientious nature of these positions, we believe that these offices are a more cost effective alternative for our citizens. They have the unique ability to act in an unfettered manner on behalf of BOTH the Commonwealth and Pittsylvania County Closed Meeting Motion was made by Mr. Harville, seconded by Mr. Snead, to enter Closed Meeting for the following: Closed Meeting -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: Industries: 12010-06-16 12010-08-20 12010-08-21 12010-08-24 Purpose: Discussion of industrial prospect-Potential Incentives The Board unanimously approved Mr. Harville's motion. Closed Meeting began at 10:31pm. Motion was made by Mr. Harville, seconded by Mr. Ecker, to re-enter Open Meeting which was unanimously approved by the Board. The Board re-entered Open Meeting at 11:OSpm 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 Adjourned Meeting of the Pittsylvania County Board of Supervisors on September 21, 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. Adjourned Meeting September 21, 2010 Adjournment Motion was made by Mr. Barber, seconded by Mr. Harville, to adjourn the meeting, which was unanimously approved by the Board. The meeting adjourned at 11:06pm.