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10-04-2010 BOS Regular MeetingRegular Meeting October 4, 2010 Pittsylvania County Board of Supervisors Monday, October 4, 2010 Regular Meeting VIRGINIA: The Regular meeting of the Pittsylvania County Board of Supervisors was held on Monday, October 4, 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 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 and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Ingram gave the invocation and led the Pledge of Allegiance. Mr. Davis recognized Boy Scout Troup #377 of Whitmill who were in attendance. Motion was made by Mr. Barber, seconded by Mr. Ingram, to approve the agenda with the following additions/changes: (1) Mr. Snead: to have the County Administrator compose a letter to be sent to Congressman Tom Perriello asking for stimulus funding for an E911 upgrade system as an earmark (2) Mr. Ingram: to add his motion to appropriate $40,000 for the community use of school facilities fees since it had met the required 10-day layover (3) Mr. Sleeper: (a) Halifax/Pittsylvania County Court Services Funding Request (b) Ratification of a Resolution for Leland Lawrence (c) Booster Station Engineering (d) Ratification of Termination of Burning Ban (e) Change the wording of Purpose of Closed Meeting for Item 17; §2.2-3711 (A)(1) to: Discussion of actions taken by personnel and potential board response (f) Add Closed Meeting -Consultation with legal counsel and briefings by staff or consultants pertaining to actual or probable litigation, where such consultation 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, 2950, as amended; Subject Matter: legal consultation of the George Stanhope case; Purpose: Discussion of legal options. (~ Discussion of 4 minute response time of EMS in the memorandum Mr. Sleeper sent out. (4) Mr. Harville asked that items 5(b)-ratification of resolution for Leland Lawrence and 5(d) ratification of the Termination of the Burning Ban be moved to the Consent Agenda. Regular Meeting October 4, 2010 Mr. Barber's motion was unanimously approved by the Board. Hearing of the Citizens No one signed up to speak. Consent Agenda Motion was made by Mr. Ecker, seconded by Mr. Harville, to approve the Consent Agenda with additions/corrections: Consent Agenda: (a) Minutes: September 7, 2010-Regular Meeting September 21, 2010-Adjourned Meeting (b) Bill List: September 2010 (c) Sheriff's Carryovers -10 Day layover from 09-21-2010 Adjourned Meeting (d) Expenditure Refunds-10 Day Layover from 09-21-2010 Adj ourned Meeting (e) Sheriff's Concessions And items added earlier in the meeting by Mr. Harville- ratification of resolution for Leland Lawrence and ratification of the Termination of the Burning Ban. Mr. Light made the following corrections to the minutes: (1) - On page 25 of the board packet, for Closed Meeting at the September 7~h meeting, Mr. Harville's motion such include the reason for the 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: Industry #12010-08-19 ;and Purpose: Discussion of industrial prospect); (2)- on page 28, under additions to the September 215 meeting, Mr. Harville's motion for Closed Session for §2.2-3711(A)(5) should include the purpose for the item (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; and (3)-on page 39, Mr. Harville's motion for closed meeting should include the purpose for the Closed Meeting, which was for §2.2-3711(A)(5)-(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; and 12010-08-24 :Purpose: Discussion of industrial prospect- Potential Incentives Mr. Ecker's motion was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS 2010-10-01 WHEREAS, Leland Lawrence had served the citizens of Pittsylvania County from April 1966 to April 1988 as a Correctional Officer to the Pittsylvania County Jail and a County Deputy; and Regular Meeting October 4, 2010 WHEREAS, Leland Lawrence contributed a significant portion of his life to the service of the citizens of Pittsylvania County and his friends and coworkers in the Pittsylvania County Sheriff s Office; and WHEREAS, Leland Lawrence has an impeccable reputation as a dedicated citizen providing volunteer services throughout his community and in his church; and WHEREAS, Leland Lawrence has been a dedicated husband and provided leadership for many of the children of Pittsylvania County over the years; and WHEREAS, Leland Lawrence will be celebrating his 90`" Birthday on October 1, 2010; then BE IT HEREBY RESOLVED, by the Pittsylvania County Board of Supervisors, that they express their congratulations and sincere appreciation for the 25 years of service that Leland Lawrence provided to the citizens of Pittsylvania County as a Correctional Officer and for the outstanding dedication to his community following his retirement through his 90`" Birthday, October 1, 2010. And the Board of Supervisors wish him a Happy and Healthful future as he continues to live and support Pittsylvania County. AND BE IT HEREBY RESOLVED, that a copy of this Resolution be presented to Leland Lawrence on the behalf of the Pittsylvania County Board of Supervisors and the citizens of Pittsylvania County, October 1, 2010. Public Hearings Purposed Amendments to Chapter 35, Zoning, of the Pittsylvania County Code of Virginia, Mr. Davis opened the public hearing at 7:15pm. Mr. Sleeper explained the Planning Commission's proposed amendments to the Pittsylvania County Zoning Ordinance, Chapter 35-Zoning for the addition of Non-Emergency Medical Transport under Division 1. Agriculture District (A-a0, Section 35-179. Special Use Permits, Division 2. Residential Estates District (RE), Section 35-193. Special Use Permits Division 3. Residential Suburban Subdivision (R-1), Sec. 35-223, Special Use Permits, Division 5. Residential Combined Subdivision District (RC-1), Section 35-268. Special Use Permits, Division 6. Residential Multi-Family District (RMF), Section 35-281. Special Use Permits, Division 7. Residential Planned Unit Development District (RPD), Section 35-295. Special Use Permits, Division 8. Residential Manufactured Housing Park District (MHP), Section 35-318. Special Use Permits, and for the addition of Non-Emergency Medical Transport under Division 9. Business District, Limited (B-1), Section 35- 346. Permitted Uses, Division 10. Business District, General (B-2), Section 35-365, Permitted Uses, Division 11. Industrial District (M-1); Light Industry, Section 35-383, Permitted Uses, Division 12. Industrial District (M-2); Heavy Industry, Section 35-402. Permitted Uses, and Division 13, Conservation District (C-1), Section 35-530. Permitted Uses, and for the addition of Internet Sweepstakes Cafes under Division 9. Business District Limited (B-1), Section 35-347. Special Use Permits, and Division 10. Business District General (B-2), Section 35-366. Special Use Permits. No one signed up to speak and Mr. Davis closed the public hearing at 7:16pm. Motion was made by Mr. Harville, seconded by Mr. Ingram, to refer back to the Planning Commission for definitions of "internet sweepstakes cafe" and "non-emergency", which was unanimously approved by the Board. Regular Meeting October 4, 2010 Unfinished Business From the Property and Buildings Committee motion came to the Board at their September 21, 2010 meeting to award a contract with Strickland Waterproofing Company, Inc, for necessary improvements to the Moses, with the addition of Alternate II for sidewalks, for a total amount of $235,340 and to appropriate the total amount into the 2011 budget, which required a 10-day layover. This 10-day layover had been met and 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, and Mr. Davis-Yes. Motion from the Property and Buildings Committee passed by unanimous approval of the Board.. New Business Motion came from the Finance Committee to approve a funding request from the Registrar's office for expected expenditures from unappropriated surplus for an amount not to exceed $3500. 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, and Mr. Davis- Yes. The committee's motion was unanimously approved by the Board. Mr. Harville made a motion, seconded by Mr. Ecker, to table Item 12-State Property; Camp 15, until a complete property description was done, which was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Mr. Ingram, to recommend the Fire & Rescue Association re-evaluate districts and adjust the boundary lines of the Staunton River EMS service are to have the Altavista EMS take in more of that district on the east side north of RT 40. Mr. Ecker's motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Ingram, to refer proposed revisions to the Subdivision Ordinance back to the Planning Commission for further refinement and definitions in Section 18.2-dd of the Subdivision Ordinance, which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Ecker, to approve Resolution 2010-10-02, which more clearly defines the support of the Board of Supervisors for the Treasurer and Commissioner of Revenues offices and why it should be submitted from the Board of Supervisors to the Delegates of the General Assembly rather than the current resolution. Mr. Harville's motion was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS 2010-10-02 VIl2GINIA: AT THE REGULAR MEETING OF THE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS IN THE GENERAL DISTRICT COURTROOM IN CHATHAM, VIRGINIA ON MONDAY, OCTOBER 4, 2010, THE FOLLOWING RESOLUTION WAS PRESENTED AND RATIFED: WHEREAS, the Constitution of Virginia under Article VII, Section 4, requires the election of a Treasurer, Commissioner, Sheriff, Commonwealth Attorney, and Clerk of Courts; and WHEREAS, the Offices of the Treasurer and Commissioner were established following the Civil War, and the re-codification of the Virginia Constitution in 1870; and Regular Meeting October 4, 2010 WHEREAS, the Treasurer and Commissioner of Counties and Cities has served as Constitutional Officers identified by the Virginia State Constitution to provide services to the citizens of the Commonwealth and to localities that they were elected in; and WHEREAS, the State Compensation Board was established in order to coordinate expenditures of the Commonwealth of Virginia and local governments in relations to the Constitutional Officers identified in the Virginia State Constitution; and WHEREAS, in 1946 to 1948 the Compensation Board was identified in the re-codification of the Code of Virginia, 1950, as amended, under §15.2-1636.5, establishing a board appointed by the Governor of the Commonwealth that shall oversee and prescribe salaries for every attorney of the Commonwealth, Treasurer and Commissioner of Revenue, and any other officer that is elected or appointed and holds a combined office in accordance with §15.2-1600 of the Code of Virginia, 1950, as amended; and WHEREAS, the Commonwealth of Virginia has historically paid all or a portion of the salaries set by said Compensation Board which incorporates both the Treasurers and Commissioners of local government; and WHEREAS, these historic Constitutional Offices have provided guidance, leadership, and direct accountability to the citizens that they represent; then BE IT THEREFORE RESOLVED that the Pittsylvania County Board of Supervisors requests the General Assembly of the Commonwealth of V irginia to continue as historically identified the State support of the Constitutional Office of the Treasurer and Commissioner in local governments to insure the accountability to the citizens identified and required by the Constitution of the Commonwealth of Virginia; and BE IT FURTHER RESOLVED, that a copy of this resolution be presented to the General Assembly by the elected members of the House of Delegates and the Senate representing Pittsylvania County. Added Items Motion was made by Mr. Ecker, seconded by Mr. Harville, to appropriate $7,059.18 from unappropriated surplus to the Halifax/Pittsylvania County Court Services division for Pittsylvania County's share for pre-trial and diversionary services for Pittsylvania County. This motion required a 10-day layover. Mr. Ingram withdrew his motion to appropriate $40,000 from unappropriated surplus for community use of the schools facilities since there would be a joint meeting on October 7, 2010 of the Board of Supervisors and the School Board of Pittsylvania County to discuss this issue. Motion was made by Mr. Snead, seconded by Mr. Pritchett, for the County Administrator to submit at the joint meeting on October 7, 2010 a resolution that would be sent to Congressman Tom Perriello asking for stimulus monies to be earmarked for funding of necessary E911 system upgrades , for the Board's consideration, which was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Mr. Harville, to approve necessary additional engineering for the Booster Station for the Olde Dominion Agricultural Center (ODAC) in the amount of $38,111. The Board unanimously approved Mr. Ecker's motion. Regular Meeting October 4, 2010 Mr. Sleeper stated he had been asked by several board members to sent out a memorandum for a change in how response time to emergency response calls are to be handled. In that change response to a call once dispatch calls the primary EMS for the service area in need is 6 minutes. After the 4 minute mark, if that EMS has not responded, then the next closest EMS is to be called. If at the 6 minute mark, neither had responded to the call, then Regional One would be called. Mr. Jim Davis, Director of Emergency Management, stated that Cool Branch, Mr. Hermon, Blair, and Danville Life Saving have asked to not be called at the 4 minute mark, because some of those four are having problems responding to their own calls and/or they are not located to where it is logistically reasonable for the critical response time for them to answer the calls and felt Regional One should be the secondary response team for those calls. Mr. Scottie Adams, Captain of the Cool Branch squad, that with the contract with Regional One staging a truck from Gam-6pm in Gretna, they would be the primary response, and that at the rescue association meeting, it was voted on and passed that the north end agencies, consisting of Cool Branch, Callands, Chatham Rescue, 640, and Gretna Rescue would be on the 3`d response list for calls outside their respective areas, since they only have 1 on duty response team at night and their concern is if they are dispatched outside their area to respond to a call, there would be no one available to respond if a call came in for their own respective areas. Appointments Motion was made by Mr. Pritchett, seconded by Mr. Harville, to re-appoint Mr. Cecil Crews as representative for the Banister District and who was already serving in the seat for the current Banister District representative term which will expire September 30, 2010, to the Building Code Board of Appeals, which was unanimously approved by the Board. Closed Meeting Motion was made by Mr. Harville, seconded by Mr. Pritchett, and unanimously approved by the Board, to enter into Closed Meeting for the purpose of: (1) Discussion concerning performance of employees of any public body; and evaluation of performance of departments of departments where such evaluation will necessarily involve discussion of the performance of specific individuals. Authority: §2.2-3711 (A) (1) of the Code of Virginia, 1950, as amended Subject: E9ll Dispatch Purpose: Actions taken by personnel and potential Board response (2) Discussion concerning a prospective business or industry or expansion of an existing business or industry, where no such 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: Unnamed Industry # 12010-08-20 Purpose: Discussion of Performance Agreement (3) 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: the George Stanhope case Regular Meeting October 4, 2010 Purpose: Discussion of legal options Mr. Harville's motion was unanimously approved and Closed Meeting began at 7:59pm.\ The board reconvened at 9:02pm. Motion was made by Mr. Harville, 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 October 4, 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. Reports from County Administrator Mr. Sleeper: (1) gave the Board a list of proposed names listed by the Regional Industrial Facilities Authority on potential names for the Mega Park being developed off the Berry Hill Road; (2) stated there would be ground breaking ceremony(s) in dedication of the new renovations for the high schools; (3) said there would be a groundbreaking ceremony on October 15, 2010 for a new Tech Center at the Institute for Research and Advanced Learning; (4) gave the Board a list from the Finance Department of unappropriated surplus items for this year that have occurred so far this year. Mr. Harville commented that he wished the City's Economic Development Office would not compile and put out anything like the lists handed out concerning potential names for the Mega Park and felt it was in appropriate to do when no one had agreed upon the list prior to its handout. Motion was made by Mr. Harville, seconded by Mr. Barber, to adjourn. The meeting adjourned at 9: l Opm.