January 17, 2013 AT THE REGULAR MEETING OF THE BOARD OF

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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
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