At a regular meeting of the Board of Supervisors, Alleghany County, Virginia held on Wednesday, November 5, 2014 at 7:00 p.m. in the Alleghany County Governmental Complex, Covington, Virginia, thereof: PRESENT: and ABSENT: Stephen A. Bennett, Chairman Cletus W. Nicely, Vice-Chairman Shannon P. Cox G. Matt Garten Richard Lee Shull John R. Strutner, County Administrator Jonathan A. Lanford, Assistant County Administrator Chris Clark, Director of Public Works Jim Guynn, County Attorney Melissa A. Munsey, Deputy Clerk to the Board Suzanne T. Adcock CALL TO ORDER: The Chairman called the regular meeting to order. Mrs. Cox gave the invocation and the audience remained standing for the Pledge of Allegiance. Mr. Bennett stated that Item 9B under Unfinished Business (claim from Mr. Ray Dietrich) is being tabled. He also recognized and welcomed Mr. James M. Griffith who won the election last night for the Covington District seat. He commented that Mr. Griffith will be able to take his seat with the Board at the December 2nd meeting once he is certified by the Board of Elections and taken his oath of office. MINUTES: Hearing no corrections or deletions, the Chairman declared the following minutes approved as submitted: (1) a regular meeting held on October 7, 2014. PRESENTATION OF PLAQUE TO MRS. PAIGE R. MORGAN, COVINGTON DISTRICT: Mr. Bennett stated that Mrs. Paige Morgan’s term ended on Election Day (November 4th). He read and presented her with a plaque which states: “Paige R. Morgan, Supervisor, Covington District. In recognition and appreciation for outstanding, loyal, and dedicated service to Alleghany County, Virginia. January 1, 2006-November 4, 2014. Presented by Alleghany County Board of Supervisors.” He commented that it was a pleasure to work with her. PUBLIC HEARING - AMENDMENTS TO CH. 58 “TAXATION” OF THE COUNTY CODE (PERSONAL PROPERTY EXEMPTIONS AND FARM ANIMALS, ETC.): Public Hearing was held to consider amendments to Chapter 58 - Taxation of “The Code of the County of Alleghany, Virginia” in Article II - Taxation of Real Estate, Tangible Personal Property, Machinery and Tools to conform the exempt personal property section to the provisions allowed in the Code of Virginia and to add exemptions for farm animals, grains/feeds, farm machinery, etc. The Chairman announced that this public hearing was advertised in the Virginian Review on Saturday, October 18, 2014 and Saturday, October 25, 2014 in accordance with the Code of Virginia. He then called the public hearing to order. Mr. Strutner stated that Mrs. Valerie Bruffey, Commissioner of the Revenue, could not be present tonight, but will be present at the next regular meeting. He commented that she has indicated that action does not need to be taken tonight and to contact her if the Board has any questions. He then reviewed a memo from Mrs. Bruffey that is included in the agenda packet which is as follows: I will be appearing before the Board at the November meeting to present several proposed changes to the County Code pertaining to exempt personal property. Currently, the County’s ordinance lists eight different articles of personal property that are considered household goods that are exempt from taxation. In the past several years, the General Assembly added three additional categories of personal property that are to be considered household goods. These include antique motor vehicles, mopeds, and certain electronic equipment used in the home. The proposed change to our County Code is basically to conform to the State Code by uniformly exempting all items considered to be household goods, while no longer listing them individually. In addition, I am proposing that there be added to the County Code an exemption for farm animals, farm machinery, and farm equipment. There are currently only 10 counties in Virginia that continue to tax farm animals, and 23 that tax farm machinery and equipment. Exempting these items would be a good way to support our local farmers, while joining the majority of localities that already exempt this property. 1 I will be happy to answer any questions you may have at the meeting, or feel free to call or come by my office. Mr. Nicely commented that he is glad this is being done. There being no one else who wished to speak, the Chairman declared the public hearing closed. He stated that action will be taken at the next regular meeting. PUBLIC COMMENT (5 MINUTE TIME LIMIT): Mr. Jeff Irvine, 1261 Commercial Avenue, thanked the Parks and Recreation Department and staff for a successful season and commented that they are a pleasure to work with. MS. SUSAN HAMMOND, VDOT RESIDENT ENGINEER - VIRGINIA DEPARTMENT OF TRANSPORTATION UPDATE: Ms. Susan Hammond, VDOT Resident Engineer, gave an update on the following VDOT activities: Maintenance Cutting brush County-wide with inmate and State crews. Opening pipes and ditches County-wide. Removed several hazard trees with tree contract. Repairing snow equipment - both VDOT and rigging contractor trucks. Will be closing I-64 westbound ramps for one night during the week of November 17th. Will have press release and detour posted. Other - I-64 Safety Study - met with consultants last week. Accident history was provided and commonalities reviewed. Final report will be available by the end of November. Scenic Byway Designation for old Route 60 - in preparation for submittal to the Commonwealth Transportation Board for approval, each locality is given the opportunity to hold a public hearing on this designation. There are signing restrictions as a result of the designation. Advertising structures are prohibited on scenic byways with the exception of direction and official signs, notices, and on-premises signing along with sale and lease of property upon which they are located. There was some discussion among Ms. Hammond, Mrs. Teresa Hammond (Chamber of Commerce), and the Board at which time the Board was agreeable in not needing to hold a public hearing as the County has already passed a resolution in support of the by-way designation. APPROVE RESOLUTION OF RESPECT FOR MS. SUSAN MYERS, FINANCIAL SYSTEMS ANALYST: On motion of Mr. Nicely, seconded by Mr. Garten, that the following resolution be adopted: WHEREAS, Ms. Susan F. Myers, Financial Systems Analyst and an integral part of our organization, passed away on October 7, 2014; and WHEREAS, Ms. Myers gave unselfishly of her time to the County, setting an example of citizenship throughout her life; and WHEREAS, Ms. Myers had worked for Alleghany County since July 1, 1980; NOW, THEREFORE, BE IT RESOLVED that the Alleghany County Board of Supervisors, in honor and respect, does hereby recognize the life of Ms. Susan Myers for her loyalty, dedication, and service to Alleghany County; BE IT FURTHER RESOLVED that the Board extend its sincere condolences and sympathy to the family of Ms. Myers. Unanimously adopted by the following roll call vote: Suzanne T. Adcock Shannon P. Cox Yes G. Matt Garten Richard Lee Shull Cletus W. Nicely Yes Stephen A. Bennett Absent Yes Yes Yes 2 Mr. Nicely stated that there was never a more dedicated person than Ms. Myers. He commented that she will be missed and could never be replaced. Mrs. Cox stated that she will never forget her personality. She mentioned that Ms. Martha Terry, who has known Ms. Myers since birth, is present tonight in support of the resolution. Mr. Bennett commented that if you wanted to know details on the budget and finances, then Ms. Myers was the one to sit beside. TABLE CONSIDERATION OF THE CLAIM AGAINST THE COUNTY FROM MR. RAY DIETRICH: Mr. Bennett had announced at the beginning of the meeting that this item is being tabled. DISCUSS RECOMMENDATION FOR APPOINTMENT TO THE BOARD OF ZONING APPEALS: Mr. Bennett stated that a replacement needs to be recommended for appointment to the Circuit Court Judge for Mr. James Parker, Jr. (Covington District) on the Board of Zoning Appeals whose term expired October 31, 2014. Terms are for five years and this appointment is by district. The Chairman asked Mr. Griffith to consider a replacement for Mr. Parker for the next regular meeting agenda. DISCUSS AND APPROVE ADOPTING A NEW STREET NAME (CARTER FARM ROAD): Mr. Strutner stated that the owners of a portion of Rt. 604 off of Gravel Ridge Drive would like their portion of road renamed to Carter Farm Road. On motion of Mr. Nicely, seconded by Mrs. Cox, that the following resolution be adopted: BE IT RESOLVED by the Alleghany County Board of Supervisors that the following name be adopted as an official street name for Alleghany County: OLD APPROVED MAP NO. 79 & 80 of Rt. 600 NAME LOCATION Snake Run Road Portion of Rt. 604 off NEW NAME Carter Farm Road Unanimously adopted by the following roll call vote: Suzanne T. Adcock Shannon P. Cox Yes G. Matt Garten Richard Lee Shull Cletus W. Nicely Yes Stephen A. Bennett Absent Yes Yes Yes DISCUSS AND APPROVE SUPPLEMENTAL APPROPRIATION FOR THE CRIME PREVENTION FUND: Mr. Strutner stated that the Sheriff’s Office did not get the carry forward in for the Crime Prevention Fund and need a supplemental appropriation in the amount of $2,525.00. He mentioned that these funds are 100% contributions that were remaining in the FY 13-14 budget. On motion of Mr. Shull, seconded by Mr. Garten, that the following resolution be adopted: BE IT RESOLVED that the Alleghany County Board of Supervisors budget and approve a supplemental appropriation in FY 14-15 in the amount of $2,525.00 in Crime Prevention (3121.5.5413). This supplemental appropriation is needed due to contributions remaining from the FY 13-14 budget. 3 Unanimously adopted by the following roll call vote: Suzanne T. Adcock Shannon P. Cox Yes G. Matt Garten Richard Lee Shull Cletus W. Nicely Yes Stephen A. Bennett Absent Yes Yes Yes DISCUSS APPOINTMENT TO THE SOCIAL SERVICES BOARD: Mr. Bennett stated that a replacement needs to be made for Ms. Wanda Dameron on the Social Services Board due to her resignation. The individual would complete Ms. Dameron’s term beginning immediately and ending June 30, 2018. This appointment can be from any district. As there were no suggestions, the Chairman stated that this item will be on the next regular meeting agenda. COUNTY ADMINISTRATOR’S REPORT: Mr. Strutner reported on the following items: Approve Supplemental Appropriation (Rosedale Sewer) Mr. Strutner stated that there is memo at each Board seat from Mr. Chris Clark requesting an emergency supplemental appropriation for the Rosedale Sewer replacement project. The memo is a part of the records of this meeting. Mr. Clark reviewed the memo which is as follows: Over the past two weeks, Public Works experienced a major failure of its gravity sewer system along Dunlap Creek in the Rosedale area. Given the inaccessibility of the line, its age, failure tendency, and blockage issues, it has now become necessary to completely replace the line. Therefore, the Department respectfully requests an emergency supplemental appropriation be made in the amount of $150,000 from the water and sewer fund balance, to the Water/Sewer Operating Fund (9209.5.9307), transferred to the Water/Sewer Capital Outlay Fund (330-4510109), with the supplemental appropriation made to 7710.57255. In addition to these appropriations, the Department requests that the Board grant Mr. John R. Strutner the authority to proceed with emergency procurement for this project and sign any necessary documents to ensure project completion. Please do not hesitate to call with any questions or concerns you may have. On motion of Mr. Nicely, seconded by Mr. Garten, that the following resolution be adopted: BE IT RESOLVED that the Alleghany County Board of Supervisors approve a supplemental appropriation in the amount of $150,000 to Rosedale Sewer (7710-5.7255) for the emergency replacement of a sewer line in Rosedale. BE IT FURTHER RESOLVED that the Board authorize Mr. John R. Strutner, County Administrator, the authority to proceed with emergency procurement for this project and sign any necessary documents to ensure project completion. Unanimously adopted by the following roll call vote: Suzanne T. Adcock Shannon P. Cox Yes G. Matt Garten Richard Lee Shull Cletus W. Nicely Yes Stephen A. Bennett Absent Yes Yes Yes Iron Gate Cat Ordinance Request Mr. Strutner stated that there is a letter and resolution at each Board seat from Iron Gate. The letter is a part of the records of this meeting. He reviewed the letter and resolution which are as follows: Enclosed is a resolution passed by Iron Gate Town Council on September 25, 2014 in support of the adoption of a Cat Ordinance. We urge you to consider this, as the cat population in the Town and surrounding areas continues to increase. We feel that action should be taken before the situation is out of control. Sincerely, 4 /s/ Alan P. Williams, Sr. Mayor RESOLUTION BE IT RESOLVED, that the Iron Gate Town Council and the citizens of Iron Gate supports the adoption of a Cat Ordinance by the Alleghany County Board of Supervisors. Such ordinance should restrict the number of cats that can be owned by any one household and should also allow the County to acquire additional spaces at the local animal shelter for housing captured cats. Such ordinance should be enforced by the Alleghany County Animal Control Officer. Mr. Strutner commented that he spoke with Mr. Todd Ailstock, Animal Control Officer, and he has dealt with 143 cats through October of this year and provides traps with bait to individuals that request them. He mentioned that Mr. Ailstock told him that he has never been contacted by Iron Gate regarding cats. He stated that there are a limited number of cages at the Humane Society and there are not more cages to be acquired. He commented that Mr. Ailstock will work with Iron Gate, but there is no room at the shelter and they are even having to send cats north to a rescue mission. Mr. Bennett suggested that Mr. Strutner send a letter to Iron Gate regarding contacting the Animal Control Officer for traps. The Board agreed for Mr. Strutner to send the letter. BOARD MEMBER COMMENTS (INQUIRIES/REPORTS): Miscellaneous The Board thanked everyone for coming to the meeting, thanked Mrs. Morgan for the time she served on the Board, congratulated Mr. Griffith on winning the election, and spoke regarding Ms. Myers being missed. Mrs. Cox added that Ms. Wanda Dameron appreciated being appointed previously to the Social Services Board, but due to a decline in health she did not feel it was fair to be on that board and not be at the meetings. Tax Abatements Mr. Bennett stated that he and Mr. Garten serve on a committee regarding tax abatements for existing property that is renovated or rehabilitated. He commented that the committee consists of representatives from Covington, Clifton Forge, Iron Gate, and the Commissioner of Revenue from the County and Covington. He mentioned that a public hearing will be held on December 2nd regarding the draft ordinance. He asked that the final draft of the ordinance be sent out to the Board prior to the public hearing. Mr. Garten stated that it was a pleasure to see everyone put their heads together and come up with a uniform abatement process. He commented that everyone had input and worked well together. CLOSED MEETING: On motion of Mr. Nicely, seconded by Mrs. Cox, that the Board go into a Closed Meeting under Code of Virginia Section 2.2-3711(A)(7) for the purpose of: (1) consultation with legal counsel on actual and potential litigation. Unanimously adopted. On motion of Mr. Nicely, seconded by Mr. Shull, that the Board come out of the Closed Meeting with the following certification: CERTIFICATION SECTION 2.2-3712 To the best of our knowledge (i) only public business matters lawfully exempted from open meeting requirements under this chapter, and (ii) only such public business matters as were identified in the motion by which the Closed Meeting was convened were heard, discussed or considered in the session. /s/Shannon P. Cox /s/G. Matt Garten /s/Richard L. Shull /s/Cletus W. Nicely /s/Stephen A. Bennett Suzanne T. Adcock Yes Yes Yes Yes Yes Absent 5 ADJOURNMENT: On motion of Mr. Nicely, seconded by Mr. Garten, that the meeting be adjourned at 8:25 p.m. Motion carried. Stephen A. Bennett Chairman 6