January 17, 2013 AT THE REGULAR MEETING OF THE BOARD OF SUPERVISORS OF NOTTOWAY COUNTY, VIRGINIA, HELD AT THE COURTHOUSE THEREOF, ON THURSDAY, THE 17th DAY OF JANUARY IN THE YEAR OF OUR LORD TWO THOUSAND THIRTEEN AND IN THE 237TH YEAR OF THE COMMONWEALTH: PRESENT: SHERMAN C. VAUGHN, CHAIRMAN CLARENCE A. SIMPSON, VICE CHAIRMAN STEVE BOWEN GARY L. SIMMONS JACK J. GREEN RONALD E. ROARK, COUNTY ADMINISTRATOR JOHN N. PROSISE, ASSISTANT COUNTY ADMINISTRATOR Administrator Roark, Clerk to the Board, called the meeting to order at 7:00 p.m. informing that the night’s meeting was the annual meeting of the Nottoway County Board of Supervisors, which will organize the Board for the year 2013. Administrator Roark states that the first order of business is to elect a Chairman to serve for 2013. Administrator Roark opens the floor to nominations. Supervisor Simmons moves to nominate Supervisor Vaughn as the Chairman. The motion carried as follows: J.J. Green G.L. Simmons S.W. Bowen C.A. Simpson S.C. Vaughn Yes Yes Yes Yes Yes Administrator Roark turns the meeting over to Chairman Vaughn. Chairman Vaughn thanks the Board for his nomination and proceeds with nominations for Vice-Chairman. Supervisor Bowen moves to nominate Supervisor Simpson to serve as Vice Chairman. The motion carried as follows: J.J. Green G.L. Simmons S.W. Bowen C.A. Simpson S.C. Vaughn Yes Yes Yes Yes Yes Chairman Vaughn informs the Board that the date and times for the 2013 Board of Supervisor meetings needs to be established; suggesting that previous years have housed the meetings on the third Thursday of each month at 7:00 p.m. in the Nottoway General District Court. Supervisor Green moves to hold the 2013 Board of Supervisor meetings on the third Thursday of each month at 7:00 p.m. in the Nottoway General District Court. The motion carried as follows: J.J. Green G.L. Simmons S.W. Bowen C.A. Simpson S.C. Vaughn Yes Yes Yes Yes Yes 1 January 17, 2013 Supervisor Steve Bowen provided the invocation The minutes of the December 20, 2012 regular Board meeting were presented. Vice Chairman Simpson moved to adopt the December 20, 2012 minutes as presented. The motion carried as follows: J.J. Green G.L. Simmons S.W. Bowen C.A. Simpson S.C. Vaughn Yes Yes Yes Yes Yes Chairman Green asks if there were any delegations from the public; Mr. Kevin Jones – Nottoway County Juvenile Probation Officer: Mr. Jones is present to express discontentment with the planned relocation of the Nottoway Commonwealth’s Attorney Office into the Nottoway Juvenile Probation Office. Mr. Jones explains that he was not personally informed of the proposed relocation until reading it in the local newspapers. Mr. Jones further explains to the Board that his Office, like the Commonwealth’s Attorney Office, has security concerns as well as spacing issues; Mr. Jones has, at times, 5 or 6 staff members as well as clients that frequent the lobby of the office. Mrs. Yvonne Wilson – Nottoway Virginia Juvenile Community Crime Control Act (VJCCCA) Coordinator: Mrs. Wilson, like Mr. Jones, is present to express discontentment with the planned relocation of the Nottoway Commonwealth’s Attorney Office into the Nottoway Juvenile Probation Office. Mrs. Wilson also urges that their security and spacing is just as important, if not more imperative, than that of the Commonwealth’s Attorney Mr. Syd Farrar: Mr. Farrar is present to seek information pertaining to an item on the night’s meeting agenda; the proposed resolution to renew the IDA loan. Administrator Roark answers Mr. Farrar questions pertaining to the original financing of the loan. Mr. Farrar also asks for information on the County’s financial obligation towards the employees’ retirement plan thru the Virginia Retirement System. A representative of the County’s auditing firm, Robinson, Farm, Cox Associates, is present at the meeting and answers Mr. Farrar’s questions. Presentation – Nottoway Correctional Center: Administrator Roark informs that the presentation has been rescheduled due to the inclement weather. Presentation - Robinson, Farmer, Cox Associates: Mr. Paul Lee presents to the Board the completed Nottoway County Audit for year ending June 30, 2012; Mr. Lee reports that the Audit found the County to be in solid financial shape, reporting that the General Fund balance did increase for the fiscal year over the previous. For the fiscal year the County continued to maintain a strong rate of tax collection. Presentation – Commonwealth Regional Council: Administrator Roark informs that Ms. Hickman chose to reschedule her presentation for the February regular Board meeting due to the inclement weather. Highway Department: Ms. Dianna Bryant, Assistant Residency Administrator, is present to receive any communications from the Board, and also updates on the routine maintenance performed since the last meeting. Ms. Bryant informs the Board that the bridge on Rt. 601, Robertsons Road, is scheduled to be replaced soon and details need to be worked out with the Board on how the project will proceed relating to necessary road closures. Vice Chairman Simpson asks Ms. Bryant to check on the surface condition of a portion of Hwy 460. 2 January 17, 2013 School Board – Dexter K. Payne, Clerk: Actions taken at the regular meeting of the Nottoway County School Board held on December 13, 2012, minutes of the regular meeting of the Nottoway County School Board held on November 08, 2012 1 - Budget Adjustment – School - $5,000.00 REVENUES: 3-201-33084-0107 New Award from Gear-up $5,000.00 $5,000.00 EXPENDITURES: 4-201-61100-1620-300-500-540 4-201-61100-2100-300-500-540 4-201-61100-6000-300-500-540 Supplemental Salaries, Gear-up FICA Materials & Supplies $2,500.00 192.00 2,308.00 $5,000.00 2 - Budget Adjustment – School - $19,433.04 REVENUES: 3-201-24020-0415 New Award from Project Graduation EXPENDITURES: 4-201-61100-1620-300-200-515 4-201-61100-2100-300-200-515 4-201-61100-6000-300-200-515 Supplemental Sal, Project Grad FICA Materials & Supplies $19,433.04 $19,433.04 $17,560.00 1,344.00 529.04 $19,433.04 3 – Budget Adjustment – School - $21,875.00 REVENUES: 3-201-33020-300-0260 Carry Over for Title IIA (STII) EXPENDITURES: 4-201-61100-3000-200-100-630 4-201-61100-6030-200-100-630 Title IIA Purchased Services Title IIA Instructional Materials $21,875.00 $21,875.00 $10,000.00 11,875.00 $21,875.00 Supervisor Simmons moves to approve the three Budget adjustments for the School. The motion carried as follows: J.J. Green G.L. Simmons S.W. Bowen C.A. Simpson S.C. Vaughn Yes Yes Yes Yes Yes Economic Development Committee: There is no scheduled meeting for January 2013 3 January 17, 2013 Landfill: Administrator Roark gave the Landfill report A – Proposal – Draper Aden Associates: Presenting their fee estimate for professional engineering services related to preparation of a major permit modification application proposed, for the Nottoway County Landfill, to be submitted to the Virginia Department of Environmental Quality – the modification is proposed to revise the following components of the Landfill permit: - Alternate liner design to replace the 24-inch thick low permeable soil layer with a geosynthetic clay liner Steepen exterior side slopes of the landfill from current permitted 4:1 (horizontal to vertical) to 3:1 Alternate closure schedule to eliminate or reduce partial closures Other changes as deemed beneficial to Nottoway County or as required by changes in the Virginia Solid Waste Management Regulations Supervisor Green moves to approve the fee estimate from Draper Aden Associates to complete engineering services related to a permit modification for the Landfill. The motion carried as follows: J.J. Green G.L. Simmons S.W. Bowen C.A. Simpson S.C. Vaughn Yes Yes Yes Yes Yes B – Letter – Draper Aden Associates – Leonard Ford, Jr., Environmental Services: Providing results of the Nottoway County Sanitary Landfill (closed facility) Groundwater Monitoring Program Sampling Event 38: 11-27-12 C – Letter – Department of Environmental Quality – Steve Coe, Division of Land Protection & Revitalization: Providing a reminder that the Nottoway County Solid Waste Management Plan is due for its five year update; due on or before July 21, 2013 Administrator Roark informs that Draper Aden Associates will be make necessary updates to the Plan. D - December 2012 Solid Waste Report, 57.47 tons per day; January thru December 2012 Solid Waste Report Administrator Roark informs that the Switchgrass Facility at Pickett Park is fully operational; harvesting and processing is already being performed and the product is now being utilized by Piedmont Geriatric Hospital Letter – Emily Marshall, Executive Director – Madeline’s House-Piedmont Crisis Center: Provides an update on the relocation of Madeline’s House from Pickett Park. The Center will be relocating to its new location soon and property closing is expected for January 15, 2013. Ms. Marshall is requesting for 100 percent support from all 10 participating localities, two have recently dropped out, and for those localities to honor their $3,000 one-time financial aid. Supervisor Simmons moves to appropriate $3,000 to Madeline’s House as all participating localities have approved the one-time financial gift. The motion carried as follows: J.J. Green G.L. Simmons S.W. Bowen C.A. Simpson S.C. Vaughn Yes Yes Yes Yes Yes 4 January 17, 2012 Letter – Preston G. Williams – Requesting instruction on how to proceed with authorizing a Court Order for the demolition of a structure, located within the corporate limits of Blackstone, that the County currently has a tax lien against. Vice Chairman Simpson moves to authorize County Attorney Williams to authorize the Court Order for demolition. The motion carried as follows: J.J. Green G.L. Simmons S.W. Bowen C.A. Simpson S.C. Vaughn Yes Yes Yes Yes Yes Letter – Greg Eanes: Mr. Eanes is passing along information relating to the Virginia State Park system seeking support to oppose HB 1225, a bill that would restrict future Virginia State Park Campground growth and would have forced higher camping fees, and any future Senate companion bill. Supervisor Green moves to approve a letter of support for the efforts to oppose HB 1225. The motion carried as follows: J.J. Green G.L. Simmons S.W. Bowen C.A. Simpson S.C. Vaughn Yes Yes Yes Yes Yes Chairman Green presented the CONSENT CALENDAR: 1 – Budget Adjustment – Library - $379.20 REVENUES: 3-100-18990-0990 3-100-18990-0990 EXPENDITURES: 4-100-73010-7001 Library – Miscellaneous (E-Rate Proceeds) Library – Miscellaneous (VACo Grant award) $179.20 Miscellaneous $379.20 $379.20 200.00 $379.20 2 – Budget Adjustment – Sheriff - $5,009.29 REVENUES: 3-100-18990-0050 EXPENDITURES: 4-100-31020-5408 Miscellaneous – Undefined (VML Insurance Proceeds) $5,009.29 $5,009.29 Vehicle Supplies $5,009.29 $5,009.29 3 – Erroneous Assessment – Wallace: Refund Jonathan Mitchel Wallace and James Richard Wallace $50.31 for an erroneous late filing penalty Vice Chairman Simpson moves to approve the CONSENT CALENDAR as presented. The motion carried as follows: J.J. Green G.L. Simmons S.W. Bowen C.A. Simpson S.C. Vaughn Yes Yes Yes Yes Yes 5 January 17, 2013 Administrator Roark presented the following information items: 1 – Letter – David Meinhard, Chairman, County of Cumberland Board of Supervisors: Showing their support, and urging other participating localities to do the same, for the relocation of Madeline’s House and a one-time $3,000 gift 2 - Sheriff’s Report: Nottoway Sheriff’s Office partial activity report for December 2012 3 – Notice – Department of Environmental Quality: seeking public comment on a draft permit from the Department of Environmental Quality to limit air pollution from a facility located in Brunswick County 4 – Notice – Dominion VA Power: Notice of application of Virginia Electric and Power Company for approval and certification of the proposed Brunswick County Power Station and related transmission facilities pursuant to §§ 56-580 D, 56-265.2 and 56-46.1 of the Code of Virginia, and for approval of a rate adjustment clause, designated Rider BW, pursuant to § 56585.1 A 6 of the Code of Virginia Case No. PUE-2012-00128 5 – Minutes: Minutes of the VA Retreat Marketing Committee held on January 04, 2013 Minutes of the VA Retreat meeting held on November 02, 2012 Minutes of the Nottoway County Planning Council meeting held on August 02, 2012 Minutes of the Virginia’s Growth Alliance meeting held on December 06, 2012 Minutes of the Virginia’s Growth Alliance Committee meeting held on December 06, 2012 Minutes of the Nottoway County Library Board of Trustees meeting held on November 14, 2012 Administrator Roark presented the following correspondence: Administrator Roark reminds the Board of the upcoming Legislative Day to be held on January 31; he along with Supervisors Bowen, Simmons, Simpson, and Vaughn will attend. 1 - Building Inspector’s Report: Report period December 2012 2 – Animal Control Officer’s Report: Report period December 08, 2012 through January 08, 2013 3 - Erosion and Sedimentation Report: Report period November 2012, Report period December 2012 4 – Livestock Claim: Request from Frannie Burton, of 586 Greenhill Road, Blackstone, for a hog killed on November 13, 2012 by stray dogs Supervisor Green moves to approve a $50.00 livestock claim for Frannie Burton. The motion carried as follows: J.J. Green Yes G.L. Simmons Yes S.W. Bowen Yes C.A. Simpson Yes S.C. Vaughn Yes 6 January 17, 2013 5 – Letter – James W. Elliott, Attorney at Law: Request for reimbursement of costs incurred with the collection of delinquent taxes; $953.50. Vice Chairman Simpson moves to approve the payment to Attorney Elliott. The motion carried as follows: J.J. Green G.L. Simmons S.W. Bowen C.A. Simpson S.C. Vaughn Yes Yes Yes Yes Yes 6 – Virginia’s Growth Alliance: Administrator Roark reports everything is operating just fine; he and Supervisor Simmons continue to attend the regular meetings for the Alliance 7 – Letter – Commonwealth of Virginia, Auditor of Public Accounts – Walter J. Kucharski: Providing notification of the recent review of the Commonwealth collections and remittance of the Treasurer, Commissioner of the Revenue, and Sheriff; all Officers were found to be compliant with state laws, regulations, and other procedures relating to the receipt, disbursement, and custody of state funds 8 – Renewal of IDA Loan: Administrator Roark presents a resolution for the Board’s review and adoption to renew the temporary financing received to fund the construction of three gymnasiums for the Nottoway County Public School System; the $2,000,000 revenue note was issued by Suntrust Bank and has a current balance due not to exceed $620,000 at an interest rate not to exceed five percent (5%). Supervisor Simmons moves to adopt the resolution and renewal of the $2,000,000 revenue note from Suntrust Bank with a current balance not to exceed $620,000 at an interest rate not to exceed five percent. The motion carried as follows: J.J. Green G.L. Simmons S.W. Bowen C.A. Simpson S.C. Vaughn Yes Yes Yes Yes Yes (SEE PAGE THRU PAGE FOR RESOLUTION) 9 – Letter – James W. Elliott, Attorney at Law: Attorney Elliott is requesting orders how to proceed with the recent delinquent tax auction pertaining to the following property: Charles Liatys – bid received of $1,000.00: acceptance of this bid will allow for recovery of costs paid at $223.05; will allow for recovery of $26.95 towards an unpaid tax lien of $905.50 and will not require an additional County contribution of to close the file Administrator Roark reminds everyone that the Board heard this request at its December regular Board meeting and tabled any decision until January. Supervisor Simmons moves to approve the Town of Crewe bid on the Charles Liatys property. The motion carried as follows: J.J. Green G.L. Simmons S.W. Bowen C.A. Simpson S.C. Vaughn Yes Yes Yes Yes Yes 7 January 17, 2013 10 – Request – Ricky Rash: Mr. Rash is requesting a letter supporting his efforts to have SB913 and SB914 and HB 1752 passed in the General Assembly; the three bills are all directly related to Digital Assets Supervisor Green moves to authorize a letter of support for the efforts to get SB913 and SB914 along with HB1752 passed. The motion carried as follows: J.J. Green G.L. Simmons S.W. Bowen C.A. Simpson S.C. Vaughn Yes Yes Yes Yes Yes 11 – Building Permit summaries for the years 2012, 2011, 2010 and 2009 have been included for the Board’s review 12 – Nottoway County Animal Control Annual Report for years 2007 thru 2012 have been included for the Board’s review Administrator Roark reports that Supervisor Simmons has been appointed to the Education Committee along with Chairman Vaughn’s appointment to the Finance committee. Administrator Roark informs the Board that he has matters that need to be discussed in closed session. Supervisor Bowen moves to enter into closed session under Section 2.2-3711A (3) Possible Sale of Property. The motion carried as follows: J.J. Green G.L. Simmons S.W. Bowen C.A. Simpson S.C. Vaughn Yes Yes Yes Yes Yes The Board enters closed session at 8:03 p.m. The Board returned to open session at 8:19 p.m. Administrator Roark asks the Board to certify the closed session, an affirmative vote meaning that no other subject was discussed other than that allowed under the above code sections. The motion carried as follows: J.J. Green G.L. Simmons S.W. Bowen C.A. Simpson S.C. Vaughn Yes Yes Yes Yes Yes (SEE PAGE THRU PAGE FOR CERTIFICATION OF EXECUTIVE MEETING) There being no further business to come before the Board, Chairman Green adjourns the meeting at 8:20 p.m. Chairman Clerk 8