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11-01-2010 BOS Regular MeetingRegular Meeting November 1, 2010 Pittsylvania County Board of Supervisors Monday, November 1, 2010 Regular Meeting VIRGINIA: The Regular meeting of the Pittsylvania County Board of Supervisors was held on Monday, November 1, 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 7:04 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, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Davis gave the invocation and led the Pledge of Allegiance. Motion was made by Mr. Ingram, seconded by Mr. Harville, to approve the agenda with the following additions: (a) Camp 15 Property (b) Sheriff's Department immediate need for additional off-site space. Mr. Ingram's motion was unanimously approved by the Board. Hearing of the Citizens Mr. Phillip Lovelace, of the Callands-Gretna District, went to Washington D.C. concerning the Virginia Commission on Coal and Energy's Uranium Mining Subcommittee study and believes Pittsylvania County needs representation on the sub-committee as it appeared many there have no idea on the uranium issue, that Virginia Uranium, Inc. plans to use their own research work within the report, and Mr. Lovelace felt that a hydrology report also needs to be done for the entire Commonwealth and not just a site study. He asked if any Board members plan to attend the meeting to be held in Danville December 8. Mr. Lovelace emphasized that support of the hydrology study needs to come from Pittsylvania County and its Board. This concluded the hearing of the Citizens. Consent Agenda Motion was made by Mr. Harville, seconded by Mr. Barber, to approve the Consent Agenda with additions/corrections: (1) Add Subject Matter to #2 (§2.2-3711 (A) (5) under the Code of Virginia, 1950, as amended) of Closed Meeting for October 4, 2010 so that it reads as followings: Subject Matter: Unnamed Industry # 12010-08-20 (2) October 19, 2010 minutes, 2"d sentence under Reports from the Board, replace the word "took" with "tax "; (3) Note that due to some items on it, the Consent Agenda vote will require a Roll Call Vote; and (4) Item #e pulled from the Consent Agenda. Regular Meeting November 1, 2010 Consent Agenda: (a) Minutes: October 4, 2010-Regular Meeting October 7, 2010-Adjourned Meeting October 19, 2010-Adjourned Meeting (b) Bill List: October 2010 (c) Expenditure Refunds: September - (10 Day Layover from 10-19-2010 Adjourned Meeting and requires a Roll Call vote) (d) Expenditure Refunds-October (This item requires a 10 Day Layover) (e) E911 Wireless Grant (To Be Tabled from agenda) (f) Speed Reductions SR 844/Mt. Cross Road-Resolution to Virginia Department of Transportation (VDOT) (g) Ratify Resolution 2010-10-07-Dr. Charles J. Devine, III (h) Letter of Support for Piedmont Access to Health Services (PATHS) 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. Harville's motion was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARDOF SUPF,RVISORS RESOLUTION Zolalao~ WHEREAS, the Honorable Dr. Charles J. Devine, III, Director of the Danville- Pittsylvania County and Halifax County Health Departments for Southside Virginia, has announced his transfer to the Lord Fairfax health District of Northam Virginia; and WHEREAS, Dr. Charles J. Devine, III has served the people of Piusylvania County. first as acting Director from January 2008 through July 2008; and WHEREAS, he became the fulltime Director of the Danville-Pittsylvania County Health Department April 29, 2009 and picked up additional services as the Virginia Department of Health re-organized the district and added additional clinics and territory as his responsibility; and WHEREAS, Dr. Charles 1. Devine, 111 has performed admirably for the citizens of the Danville-Piltsylvania County area, increasing medical services, dental services, and providing increased services at a time when budgets are being reduced around the country; and WHEREAS, Dr. Charles 1. Devine, III has, by his dedication and leadership, faithfully and dutifully served the Danville-Pittsylvartia County Health District, faithfully contributing sustainably to the advancement of the heahh of the citizens of the Danville-Pittsylvania County and Southside Virginia areas; then BF. IT FURTHER RESOLVED, that the Board of Supervisors of Pittsylvania County extends their sincere thanks and appreciation to Dr. Charles 1. Devine, III for his leadership and outstanding service to the Danville-Piltsylvania County Health Department and the citizens of Southside Virginia and offer best wishes and success to him in his future endeavors. Given under my hand this 19th day of October, 2010. Hank A. Dav , Jr., Chairman Pittsylvania unty Board of Supervisors William D. Sleeper, C ark Pittsylvania County Board of Supervisors Regular Meeting November 1, 2010 New Business Mr. Dean Jennings, Vice-Chairman of the Danville-Pittsylvania County Community Services (DPCCS) Board presented the DPCCS Annual Report. Mr. Jennings also recognized and thanked Mr. Pritchett for the 11 years he has served on the DPCCS Board, and thanked all the Board members for their support of the DPCCS throughout the years. Mr. Jim Bebeau, Executive Director of the DPCCS, Mr. Jesse Barksdale, Banister District DPCCS Board representative, and Mr. James Clark, Tunstall DPCCS representative were also present. Mr. Pritchett stated that he felted honored to have had the privilege to work with the DPCCS for the past 11 years. Motion was made by Mr. Harville, seconded by Mr. Pritchett, to accept the presented report, which was unanimously approved by the Board. Motion came from the Finance Committee to recommend the Booster Clubs to request funds from the School Board and that the Board of Supervisors would consider matching any funds the School Board gave the Booster Clubs. The Finance Committee motion was unanimously approved by the Board. No other actions came from the Finance Committee. Motion was made by Mr. Harville, seconded by Mr. Barber, to have as a first choice name for the mega park, "The Oak Hill Regional Mega Park" and as a 2"d choice, "The Berry Hill Regional Mega Park" to be submitted from the County to the Regional Industrial Facilities Authority (RIFA) for consideration. Mr. Ecker stated he would like to see "The Berry Hill Regional Mega Park" as a ls~ choice, since it's already known as that out on the street, with commissions, with economic development and is established in peoples' minds. The Board unanimously approved Mr. Harville's motion. Item 12, Bid Award; Social Services Janitorial Contract, was pulled from the Agenda. Motion was made by Mr. Ecker, seconded by Mr. Harville, to award a contract to Sure Flo, Inc., for a period of 3 years, as a sole source for the annual testing and inspection of approximately 300 Mine Safety Appliance (MSA) brand self contained breathing apparatus units at a cost of $50.00 each for a total of $15,000, with funds already budgeted under line item 100-4-023300-5661-Fire/Rescue Capital Contribution. Mr. Ecker's motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Ecker, to set a public hearing for November 16, 2010 in order to receive citizens' input on a proposed amendment to Chapter 12, Section 15, Obscenity, of the Pittsylvania County Code, which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve `/2 day of Wednesday, November 24, 2010 as additional holiday time for Pittsylvania County employees, which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Snead, to ratify a Letter of Support for a grant application for special project mega site grants that was sent to the Tobacco Indemnification Commission, along with a Resolution of Support, 2010-11-01, for this application, and to authorize the County Administrator to sign all necessary documentation. Mr. Harville's motion was unanimously approved by the Board. Regular Meeting November 1, 2010 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION FOR THE FY 2011 TOBACCO COMMISSION SPECIAL PROJECTS MEGASITE GRANT PROGRAM FOR THE DANVILLE PITTSYLVANIA REGIONAL INDUSTRIAL FACILITY AUTHORITY 2010-11-01 WHEREAS, Pittsylvania County has been impacted by the decline of the tobacco industry causing a negative impact on economic development and growth throughout the County, and WHEREAS, the Tobacco Indemnification and Community Revitalization Commission has developed a Megasite Grant Program to help tobacco related localities to change and revitalize their economy, and WHEREAS, grants from the Tobacco Indemnification and Community Revitalization Commission will assist Pittsylvania County in transforming its economy to replace the decline in the tobacco agro-business community, then BE IT HEREBY RESOLVED, that the Board of Supervisors of Pittsylvania County authorizes the submission of a grant application to the FY2011 Special Projects Megasite Grant Program for development of the Berry Hill Regional Mega Park being developed by the Danville-Pittsylvania Regional Industrial Facility Authority and authorizes the County Administrator to file this application and all necessary correspondence relating to the Tobacco Indemnification and Community Revitalization Commission required by this grant and to be responsible for the accuracy of the application and for the appropriate use of funds, should they be granted. Given under my hand this 1st day of November 2010. Added Items Motion was made by Mr. Ecker, seconded by Mr. Harville, to approved Resolution 2010-11-03 as an amendment to a deed for Camp 15 that would incorporate reversion requirements by the Virginia Department of Transportation (VDOT). The Board unanimously approved Mr. Ecker's motion. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2010-1 I -03 ADOPTED NOVEMBER 1, 2010 WHEREAS, the Commonwealth of Virginia owns certain real property located in the Chatham-Blairs Magisterial District of Pittsylvania County, Virginia, generally described as 15.056 acres located on Concord Church Road and known as a portion of the Camp 15 Property; and WHEREAS, the Board of Supervisors of the County of Pittsylvania, Virginia have determined that it is in the best interests of the citizens of Pittsylvania County to acquire said property; and Regular Meeting November 1, 2010 WHEREAS, the Commonwealth of Virginia acting by and through the Department of Corrections has deemed it to be in the public interest to convey the property to the Board of Supervisors of the County of Pittsylvania, Virginia; and WHEREAS, the Pittsylvania County Board of Supervisors understands and agrees that the property is to be conveyed for the consideration of one dollar ($1.00), cash, and in exchange therefore the property is to be conveyed in "AS IS" condition, without warranty or representation as to its condition, value or permitted use, including without limitation any warranty or representation with regard to the presence of any toxic or hazardous substances or materials of any nature (including but not limited to petroleum, lead, radon, asbestos or asbestos-related materials), and is made expressly subject to (i) any and all rights, privileges, covenants, easements, conditions, restrictions and agreements as are of record, in so far as they may be lawfully applicable to the property, (ii) any unrecorded utility easements, including any relocated easements for utilities and related facilities, on, under or across the property, and (iii) any and all prior grants, conveyances and/or reservations of the coal, oil, gas, including coal methane gas, stone, sand, minerals and/or subsurface rights or interests, as are of record, in so far as they may be lawfully applicable to the property; and subject to a reversion clause whereby title to the property reverts to the Grantor if within three years of the date of the deed the property is not used or developed as a County Jail for the Grantee, or if thereafter at such time that the property is not used for a period of one year or more for the operation of a County Jail for the Grantee. WHEREFORE, BE IT HEREBY RESOLVED, pursuant to the provisions of Section 15.2-1803, Code of Virginia, 1950 as amended the Chairman of the Board of Supervisors of the County of Pittsylvania, Virginia is hereby authorized to act on behalf of the Board of Supervisors of the County of Pittsylvania, Virginia to execute the proposed deed of conveyance presented to the Board, or such other deed revisions as may be substantially similar thereto, thereby accepting the real property described Regular Meeting November 1, 2010 therein and all appurtenances thereunto pertaining on behalf of the Board of Supervisors of the County of Pittsylvania, Virginia; and BE IT HEREBY FURTHER RESOLVED, that John P. Light, duly appointed County Attorney for Pittsylvania County, is hereby authorized and empowered on behalf of the Board of Supervisors of the County of Pittsylvania to approve the form of the proposed deed, or such form as may be substantially similar thereto, on behalf of the Board of Supervisors; and BE IT HEREBY FURTHER RESOLVED, that the Clerk of the Board of Supervisors is hereby requested to cause an attested copy of this Resolution to be attached to the deed whereby the property is conveyed on behalf of the Board of Supervisors and to cause said deed to be recorded in the Office of the Clerk of the Circuit Court of Pittsylvania County, Virginia. Presented and Adopted this the 1sT day of November, 2010, upon due notice, by majority vote of a lawfully empaneled quorum of the Board of Supervisors of the County of Pittsylvania, Virginia. Given under my hand this ls` day of November, 2010: The Sheriff's request for the immediate need of off site space was addressed in the motion from Properties and Building Committee earlier in the meeting. Appointments Motion was made by Mr. Harville, seconded by Mr. Ecker, to appoint Mr. Frankie Womack as the Westover District representative to the Pittsylvania County Building Code Board of Appeals, to serve a term beginning l 1-01-2010 and ending 10-31-2014, which was unanimously approved by the Board. Motion was made by Mr. Pritchett, seconded by Mr. Snead, to appoint Mr. Willie Craft as the Banister District representative to the Recreation Advisory Board, to fill the term vacated by Mr. Nathaniel Coles which will expire June 30, 2011. Mr. Pritchett's motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Snead, to re-appoint Mr. Tim Duffer as representative from Pittsylvania County to the Western Virginia Emergency Medical Service Council, Inc. for another 3 year term, which will begin January 2011 and last until December 31, 2013. Mr. Harville's motion was unanimously approved by the board. Regular Meeting November 1, 2010 Closed Meeting Motion was made by Mr. Harville, seconded by Mr. Snead, 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 Matter: County Administration Purpose: Actions taken by personnel and potential Board of Supervisors 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 Matter: Industry 12010-08-16 Purpose: Discussion of Performance Agreement (3) 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 Matter: Industry 12009-04-OS Purpose: Discussion of Performance Agreement Mr. Harville's motion was unanimously approved by the Board and Closed Meeting began at 7:43pm. The board reconvened at 8:09pm. Motion was made by Mr. Harville, seconded by Mr. Ecker, 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 November 1, 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 and the Board re-convened into Open Session at 8:lOpm. Regular Meeting November 1, 2010 Reports from Board Members Mr. Ecker stated that on November 8, 2010, there would be Citizens for Jobs meeting in Grit, reminded everyone to vote on Tuesday morning, November 2, 2010, and lastly reminded everyone to check to make sure their cell phones were either cut off or on vibrate before coming to Board meetings. Mr. Harville stated the Metropolitan Planning Organization (MPO) was in Richmond on October 18`h and had made a presentation on the 6-Year Plan and on the Mega Park, and that the MPO was very receptive to the report. Mr. Harville also stated that the MPO would be meeting November 17`h at 6:30pm at the Danville Regional Airport, and that Mr. Robert Dowd would be retiring in June 201 1. Reports from County Administrator Mr. Sleeper stated that Mr. Joe Barkley, Resident for the VDOT Halifax office is retiring and Mr. Kenneth Martin would be acting as Interim. He also stated that the Tobacco Commission has met the week before and had approved Phase III of the mega park water structure and infrastructure, and that at Klopman Mills, the water line project is % complete. Motion was made by Mr. Harville, seconded by Mr. Ecker, to adjourn. The meeting adjourned at 8:16pm.