August 6, 2007 Regular Meeting

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					August 6, 2007
Regular Meeting

       VIRGINIA: The regular meeting of the Pittsylvania County Board of
Supervisors was held on Monday, August 6, 2007 in the General District Courtroom of
the Edwin R. Shields Courthouse Addition in Chatham, Virginia. Coy E. Harville,
Chairman, called the meeting to order at 7:03 p. m. The following members were
                      M. Kate Berger                       Callands-Gretna District
                      Tim R. Barber                        Tunstall District
                      Robert W. Scearce, Jr.               Dan River District
                      William H. Pritchett                 Banister District
                      Henry A. Davis, Jr.                  Chatham-Blairs District
                      Michael Irby                         Staunton River District
                      Coy E. Harville                      Westover District

       Mr. Otis S. Hawker, Assistant County Administrator, and Mr. Odie Shelton,
Director of Code Compliance, were also present.

       Mr. Davis gave the invocation and led the pledge of allegiance.

Items Added to Agenda

       Mr. Scearce asked that item (D) Noise Control as a matter of record be added, Mr.
Barber requested an unannounced closed meeting be added and Mr. Harville asked that
item (E) Pittsylvania County Drought be added that a resolution can be drafted to be sent
to the Richmond Virginia Corporative Extension. This would be an emergency
conservation program, livestock feed program, emergency loans.

       Mr. Sleeper requested the 2 items listed on the agenda be added and asked that
item (C) Budget Amendment Sheriff’s Memorial fund be moved to item (E) of the
Consent Agenda for a roll call vote.

      Mr. Scearce made a motion to add the requested items to the agenda, seconded by
Ms. Berger. Motion carried by a unanimous vote.

Approval of Agenda

        Mr. Davis made a motion, seconded by Ms. Berger, to approve the agenda with
the following changes:

       Add Budget Amendment Sheriff’s Memorial fund to Consent Agenda item (e).

        Move from New business the following items to the Consent Agenda:
       11. Bachelor Hall VFD Funding
       12. Support for Bio Fuel
       15. Pittsylvania County GIS Information Distribution Price Policy
       16. Library State Grant Allocation
       17. Additional VDOT fund allocation
       18. Cane Creek Parkway
       20. Lease Copy Machine Registrar’s Office – To be tabled
       21. Witcher Road Water & Sewer Project

        Mr. Sleeper made recommendation on Bachelor Hall that the Board approve and
appropriate the balance of $1,011.26 and request that the Board set a 3 year maximum
that they can get their money. Discussion followed on the draw by Mr. Scearce and Ms.
Barber. Motion carried by unanimous vote.

Hearing of Citizens

        Ms. Mary Wilson from Meadows Farm Road, off Malmaison Road, spoke to the
Board regarding a neighborhood nuisance. They have moved in with a large number of
animals, loud music and other issues. Animal control has been called and they have
investigated and say there is nothing that they can do because the animals are properly
licensed. Ms. Wilson continued to state she had attempted to take a warrant out however
because of no mail box could not locate address for these residents. Mr. Pritchett agreed
to get with Ms. Wilson and work with her.

        Ms. Gracie Gunnell issued an invitation to the Board to attend the charity softball
game between the Pittsylvania County’s Sheriff’s office and Danville Police Dept. She
encouraged all members to come out and support this event. Congressman Virgil Goode
will be in attendance as well as a special “unannounced” guest from Richmond.

Consent Agenda

        Upon a motion of Mr. Scearce to approve the consent agenda and treat each
appropriation as a separate appropriation with a roll call vote, seconded by Mr. Barber,
the board voted as follows: Ms. Berger – yes, Mr. Barber – yes, Mr. Scearce – yes, Mr.
Pritchett- yes, Mr. Davis – absent for vote, Mr. Irby – yes, Mr. Harville- yes. Motion
carried to approve the consent agenda as follows:

                          (a) Minutes:
                              1. July 2, 2007 Regular Meeting
                              2. July 17, 2007 Adjourned Meeting

                          (b) Bill List: July, 2007

                          (c) Budget Amendments
                              1. National Night Out
                              2. Expenditure Refunds
                             3. Project Lifesaver
                             4. Fire & Rescue United Way

                         (d) Danville Humane Society Appropriation- $3,900.00

                         (e) Budget Amendment Sheriff’s Memorial fund- $1,212.97

                         (f) Bachelor Hall VFD Funding- $1,011.00 (Set a three (3)
                             year limit on the spending of capital funds for new
                             construction of VFD or rescue squads)

                         (g) Support for Piedmont Bio Fuel

                         (h) Pittsylvania County GIS Information Distribution Price
                             Policy was approved by the Board of Supervisors

                         (i) Library State Grant Allocation- $7,103.00

                         (j) Additional VDOT Fund Allocation- $62,559.83 (10 day

                         (k) Cane Creek Parkway

                         (l) Witcher Road Water & Sewer Project- Board approved an
                             anti-displacement plan.

Public Hearing

       Mr. Sleeper presented the availability of funding under the Edward Byrne
Memorial Justice Grant (JAG). The County is eligible to apply to the Bureau of Justice
Assistance (BJA) for a direct award of $11,459.00 is federal funds for FY 2007. The
County’s application was submitted by the July 19, 2007 deadline and the BJA has
requested that a public hearing be held as part of the 30 day review process. The public
hearing for the Justice Assistance Grant (JAG) was opened at 7:24 pm. No one signed up
to speak on this issue. Public hearing was closed at 7:24 pm. Motion was made by Mr.
Scearce to approve the grant application, second by Mr. Pritchett. Motion carried by
unanimous vote.

Unfinished Business

        Mr. Sleeper stated in the last meeting Mr. Irby made a motion, second by Mr.
Davis to fund the $65,588.90 which included budget carryover for the LEPC (Local
Emergency Planning Committee), The Danville Community College (capital funds),
Animal control donations and the Fire & Rescue (Capital Contributions). The following
roll call vote was taken: Ms. Berger – Yes, Mr. Barber – Yes, Mr. Scearce – Yes, Mr.
Pritchett - Yes, Mr. Davis – Yes, Mr. Irby – Yes, and Mr. Harville, - Yes. Motion carried
by unanimous vote.

New Business

       Upon a motion of Ms. Berger, seconded by Mr. Barber, the board voted
unanimously to approve an amendment to the Dewberry, Inc. contract in the amount of
$108,458 and authorize the County Administrator to sign the necessary changes and

       Upon a motion of Mr. Davis, seconded by Mr. Irby the Board voted unanimously
to authorize the County Administrator to negotiate a contract with Utilities Reduction
Specialist, Clemmons, North Carolina for a telecom/energy audit.

       Upon a motion by Mr. Irby, seconded by Mr. Barber to amend the Capital
Projects budget (Fund 310) and appropriate $40,574 from Unappropriated Surplus.
Requires a 10- day layover. Will be on Adjourned Meeting on August 21, 2007.

Items Added to Agenda

        Mr. Scearce had a complaint regarding the noise ordinance from a landowner
camping out while building a house in the County. A neighbor is using boom boxes to
scare animals out of garden. The Sheriff’s department has been out there several times
but it does not violate the noise ordinance. He has requested to be on the agenda at the
next meeting. Mr. Scearce presented the letter as a matter of record with his name and
address to Mr. Sleeper for reference.

        Mr. Harville spoke with Mr. Steven Barts about the concern of the farmers with
the drought conditions. Proposed a resolution declaring Pittsylvania County to be in a
state of emergency due to the drought that is affecting our agricultural industry and to be
sent to the Governor and the Secretary of Agriculture supporting the USDA situation
report. Motion made by Mr. Irby to draft a resolution of Drought Emergency, second by
Mr. Barber. Motion carried by unanimous vote.


        WHEREAS, there have been recent extreme drought conditions throughout
Pittsylvania County, Virginia which have caused severe crop, pasture, hay and land
damage and the depletion of cattle water supplies; and

       WHEREAS, the severe heat and lack of precipitation have severely affected
tobacco, corn and soy bean crops, as well as reducing the availability of feed for livestock
with lower weight gains and lower milk production; and
       WHEREAS, there appears to be minimal relief to the drought conditions in the
foreseeable future; and

       WHEREAS, these drought conditions have continued from February of 2007 and
continue to affect cropland and livestock in Pittsylvania County; and

        WHEREAS, these conditions have caused and continue to cause financial loss to
the agricultural farmers, beef producers and dairy producers in Pittsylvania County;

        NOW, THEREFORE BE IT RESOLVED, that the Pittsylvania County Board
of Supervisors hereby declares a local emergency and petitions the Honorable Tim Kaine,
Governor of the Commonwealth of Virginia to declare Pittsylvania County a drought
area, in order to provide means for those affected to qualify for available relief assistance.

        Upon a motion by the Honorable Michael Irby, seconded by the Honorable Tim
Barber, unanimously approved August 6, 2007.

       Given under my hand this day, August 13, 2007.

        Mr. Sleeper presented two quotes for the purchase of a new digital voice logger
for the 911 Center. There were two vendors that responded – Eventide at $22,052.00 and
Positron Inc. at $42,450.52. A motion was made by Mr. Davis, seconded by Mr. Irby, to
accept the bid from Eventide at a cost of $22,052.00. Motion carried by unanimous vote.

       A motion was made by Mr. Irby, seconded by Mr. Barber, to appoint Shirley Y.
Hammock as Administrative Assistant to the County Administrator and Deputy Clerk to
the Board of Supervisors. Motion carried by unanimous vote.

Reports from Officers and Committees

       Mr. Irby informed the Board he and Mr. Sleeper have a meeting with the Town of
Hurt regarding boundary adjustment for Burlington Industries on Tuesday at 6:00 pm.

        Mr. Irby informed the Board he has received contact from Centra Health about the
possibility of emergency room service.

        Mr. Irby made the Board aware of a rumor circulating in the Staunton River
District that Mr. Sleeper and the Farm Bureau and the Board of Supervisors are trying to
do away with Land Use. He is going to talk to Farm Bureau about sending some
information out to their members. Mr. Sleeper clarified that the only action taken was
that he along with the Farm Bureau has recommended that some type of review is done of
the land use every four years with a $5.00 fee to handle administrative costs for the

       Mr. Irby also questioned if the County has heard anything from boat landing. Mr.
Sleeper advised he had sent two written notices. One had come back indicating receipt of
notice and they were going to review it. Heard nothing. When he followed up they were
reviewing some between Leesville Lake and Halifax because they had received request.
Mr. Sleeper stated he would follow up again on this matter.

        Mr. Harville informed the Board that he would be meeting with the Mayor and
the hospital at 4:30 on Wednesday, July 8th at City Hall. He has been asked to come up
with two people to serve on the committee. He has talked to Don Nodtvedt, retired plant
manager of Nestle, who has agreed to serve on the southern end of the County. Arlene
Creasy will represent the northern end of the County. He has also been involved in two
interviews with two candidates for CEO for Danville Regional. So far no decision has
been made.

       Mr. Sleeper informed the Board of the Cane Creek Parkway ribbon cutting
scheduled for August 30, 2007 by the Danville Regional Facilities Authority.

        Mr. Harville requested the information he had received on the 2010 U.S. Census
be distributed to all the Board members.

       Mr. Scearce questioned Mr. Hawker on the status of the paving of the Cane Creek
Parkway with Mr. Hawker giving an update on the progression of the railroad tracks and
the paving. Tours can be arranged with Mr. Hawker if any Board member is interested.

Closed Session
        Upon a motion of Mr. Davis, seconded by Mr. Irby, the board voted to go into
closed session at 7:44 p. m. for the specific purpose of:

               Discussion concerning a prospective business or industry or the expansion
               of an existing business or industry where no previous announcement has
               been made of the business’ or industry’s interest in locating or expanding
               its facilities in the community. Authority: Section 2.2-3711 (A) (5) of the
               Code of Virginia, 1950, as amended.

               Consultation with legal counsel and briefings by staff members 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 advise by such counsel.
               Authority: Section 2.2-3711 – (A) (7) of the Code of Virginia, 1950, as

       The board reconvened at 8:03 p. m.

        The following certification resolution was read and approved by the following roll
call vote:
                             CERTIFY CLOSED MEETING
                              RESOLUTION 2007-08-61

        BE IT RESOLVED that at the regular meeting of the Pittsylvania County Board
of Supervisors on June 4, 2007, 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.


                      M. Kate Berger                               Yes
                      Tim R. Barber                                Yes
                      Robert W. Scearce, Jr.                       Yes
                      Williams H. Pritchett                        Yes
                      Henry A. “Hank” Davis, Jr.                   Yes
                      Michael L. Irby                              Yes
                      Coy E. Harville                              Yes

       Mr. Davis made a motion, second by Ms. Berger, to authorize the County
Administrator to obtain legal counsel to represent the Board of Supervisors in
condemnation proceedings in the Henry County – Pittsylvania County water line on
Route 58. Motion carried by unanimous vote.

       The meeting adjourned at 8:05 p. m.

                                     Coy E. Harville, Chairman
                                     Pittsylvania County Board of Supervisors

                                     William D. Sleeper, Clerk
                                     Pittsylvania County Board of Supervisors