At the Regular Meeting of the Greensville County Board of Supervisors, held on Monday, August 5, 2013, with a Tour of Phase III at 4:00 P.M., Closed Session beginning at 5:00 P.M., and Regular Session beginning at 6:00 P.M., at the Greensville County Government Building, 1781 Greensville County Circle, Emporia, Virginia.
Present Peggy R. Wiley, Chairman
Michael W. Ferguson, Vice-Chairman
Dr. Margaret T. Lee
Absent James C. Vaughan
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Chairman Wiley called the meeting to order at 4:00 p.m. with a tour of Phase III of the Southside Virginia Education Center.
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In Re: Closed Session
Mr. Whittington, County Administrator, stated that Staff recommended the Board go into Closed Session, Section 2.2-3711 (a) 1) Personnel, Industrial Development and 7) Legal Matters.
Supervisor Ferguson moved, seconded by Supervisor Lee, to go into Closed Session, as recommended by Staff. Voting aye: Supervisors Ferguson, Lee and Chairman Wiley.
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In Re: Regular Session
Supervisor Lee moved, seconded by Supervisor Ferguson, to go into Regular Session. Voting aye: Supervisors Ferguson, Lee and Chairman Wiley.
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In Re: Certification of Closed Meeting – Resolution #14-11
Supervisor Ferguson moved, seconded by Supervisor Lee, to adopt the following Resolution. A roll call vote was taken, as follows: Supervisor Ferguson, aye; Supervisor Lee, aye; and Chairman Wiley, aye.
RESOLUTION #14-11
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Greensville County Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provision of the Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Greensville County Board of Supervisors that such closed meeting was conducted in conformity with Virginia law:
NOW, THEREFORE, BE IT RESOLVED that the Greensville County Board of Supervisors hereby certifies that, to the best of each member’s knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Greensville County Board of Supervisors.
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Chairman Wiley recessed the meeting until the Conclusion of the Water and Sewer Authority Meeting.
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Chairman Wiley reconvened the meeting in Regular Session.
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In Re: Approval of Agenda
Mr. Whittington, County Administrator, stated that Staff recommended approval of the agenda with no added items.
Supervisor Ferguson moved, seconded by Supervisor Lee, to approve the Agenda as submitted. Voting aye: Supervisors Ferguson, Lee and Chairman Wiley.
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In Re: Approval of Consent Agenda
Mr. Whittington stated that Staff recommended approval of the Consent Agenda.
Supervisor Lee moved, seconded by Supervisor Ferguson, to approve the Consent Agenda containing the following items. Voting aye: Supervisors Ferguson, Lee and Chairman Wiley.
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Minutes from the Meeting of July 15 and July 18, 2013.
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Budgetary Matters consisting of the following: Fund #001 – Journal Voucher #6, in the amount of $12,431.74, Budget Amendment Resolution #14-12, in the amount of $3,761.43, Re-Appropriations Resolution #14-13, in the amount of $36,585.00 and Re-Appropriations Resolution #14-14, in the amount of $49,580.50; Fund #012 – Budget Amendment Resolution #14-15, in the amount of $524.34; Fund #013 – Budget Amendment Resolution #14-16, in the amount of $261.80; Fund #017 – Journal Voucher #1, in the amount of $714.60 and Fund #018 – Budget Amendment Resolution #14-17, in the amount of $2,890.00, all of which are incorporated herein by reference.
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Warrants:
Approval of Accounts Payable for August 5, 2013, in the amount of $214,187.26
Approval of Payroll for July 31, 2013, in the amount of $390,992.23
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In Re: Public Hearing
Mr. Whittington stated that Staff recommended the Board of Supervisors to go into Public Hearing to solicit public comments regarding two Zoning Matters.
Supervisor Ferguson moved, seconded by Supervisor Lee, to go into Public Hearing. Voting aye: Supervisors Ferguson, Lee and Chairman Wiley.
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In Re: ZTA-2-13 – County of Greensville
Mr. Lin Pope addressed the Board of Supervisors stating that the applicant, Greensville County desired to amend Article 23: Definitions-Section 23-2-48.2, to read electric generating facilities: Any facility that generates electricity and/or steam or other thermal energy to include, but not limited to electric and/or steam or other thermal energy generation, transmission and distribution facilities, exhaust emission control facilities and stacks, substations, and related facilities and equipment. He also stated that second amendment requested by the applicant would be included in the Permitted Use Table 4.1 that by special use within the A-1, Agricultural and M-1, Industrial District: Electric Generating Facility and the last request by the applicant would be to amend Article 16:Amendments, Conditional Uses and Conditional Zoning to include Article 16.5-Conditional Use Planned Developments incorporating amendments to include the following: 16.5.1 Purpose, 16.5.2, Use Exemptions (a), (b) and (c), 16.5.3, Regulation Exceptions (a), (b) and (c); and 16.5.4 (a), all of which are incorporated herein by reference. Mr. Pope stated that the Planning Commission and Staff recommended approval contingent upon review and approval by the County’s Legal Consultants where the Language “may” be replaced with “shall” at 16.5.4 (a).
Chairman Wiley asked if there were any questions or comments. There were none.
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In Re: SP-4-13 – Antonio Lewis
Mr. Lin Pope, Planning Director, addressed the Board of Supervisors stating that the applicant Antonio Lewis, wished to hold a Special Event (car and bike show) located 500’ northwest of the Satterfield Drive (State Route 644)/Ruritan Drive (State Route 640) intersection in Election District 3. He stated that Staff and the Planning Commission recommended approval.
Chairman Wiley asked if there were any questions or comments. There were none.
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In Re: Regular Session
Mr. Whittington stated that Staff recommended the Board of Supervisors return to Regular Session.
Supervisor Ferguson moved, seconded by Supervisor Lee, to return to Regular Session. Voting aye: Supervisors Ferguson, Lee and Chairman Wiley.
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In Re: ZTA-2-13 – County of Greensville
Supervisor Ferguson moved, seconded by Supervisor Lee, to approve Staff’s recommendations. Voting aye: Supervisors Ferguson, Lee and Chairman Wiley.
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In Re: SP-4-13 – Antonio Lewis
Supervisors Ferguson moved, seconded by Supervisor Lee, to approve Staff’s recommendations. Voting aye: Supervisors Ferguson, Lee and Chairman Wiley.
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In Re: Citizens Comments
Mr. Whittington asked if there were anyone present who wished to address the Board of Supervisors to come forward and state their name and address for the record.
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Mr. and Mrs. John Wagenhoffer of 2960 Sussex Drive and owners and operators of Yogi Bear’s Jelly Stone Park, addressed the Board of Supervisors stating that they were at the 1st meeting in May regarding the increasing of the occupancy tax to 5%. He stated that at that meeting, he was told that within 30-45 days, the committee would meet again and have plans set forward for the tourism committee. Mr. Wagenhoffer stated that it had now been about 90 days and he had not been informed of any thing regarding the committee and wanted to know the status.
Mr. Whittington stated that Mrs. Slate was not available at this meeting but would have her contact him tomorrow regarding the status of the tourism committee.
Mr. Whittington asked if there were any more citizens’ comments. There was none.
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In Re: Virginia Local Disability Program Resolution #14-19
Mrs. Alice Whitby, Finance Supervisor, addressed the Board of Supervisors stating that the County was requested to adopt a resolution regarding the Virginia Retirement Systems Long-term Disability Program. She stated that VRS had decided that as of January 1, 2014, any new employees hired and that had never been in the system before, had to be on the Hybrid Retirement Plan. She then stated that the Hybrid Plan did not carry disability. She stated that the plans that were currently in place carried disability. Mrs. Whitby stated that either the County could go with the Virginia Retirement System at a rate of .91% that was good through June 2014 or the County could choose to opt out, which was irrevocable, and go with any insurance company that would offer comparable long-term disability insurance. She then stated that the Virginia Association of Counties got involved because there were a lot of localities looking for insurance elsewhere. Mrs. Whitby stated that they found Standard Insurance Company that offered a rate of .79% for three years, but the County could always search for other companies but the rates were higher. She then stated that the following resolution was for Greensville County to opt out and go with Standard Insurance Company with a rate of .79%.
Supervisor Ferguson asked if Standard Insurance Company was comparable. Mrs. Whitby stated yes plus they offered a little bit more.
RESOLUTION #14-19
IRREVOCABLE ELECTION NOT TO PARTICIPATE IN
VIRGINIA LOCAL DISABILITY
WHEREAS, by enacting Chapter 11.1 of Title 51.1 of the Code of Virginia, the Virginia General Assembly has established the Virginia Local Disability Program (“VLDP”) for the payment of short-term and long-term disability benefits for certain participants in the hybrid retirement program described in Virginia Code 51.1-169; and
WHEREAS, for purposes of VLDP administration, an employer with VLDP-eligible employees may make an irrevocable election on or before September 1, 2013, requesting that its eligible employees not participate in VLDP as of the VLDP effective date of January 1, 2014, because it has or will establish, and continue to maintain, comparable employer-paid disability coverage for such employees that meets or exceeds the coverage set out in Chapter 11.1 of Title 51.1 of the Code of Virginia, with the exception of long term care coverage, by January 1, 2014; and
WHEREAS, it is the intent of Greensville County Board of Supervisors, 55140, to make this irrevocable election to request that its eligible employees not participate in VLDP;
NOW, THEREFORE, IT IS HEREBY RESOLVED that Greensville County Board of Supervisors irrevocably elects not to participate in VLDP because it has or will establish, and continue to maintain, comparable employer-paid disability coverage for such employees; and
BE IT FURTHER RESOLVED that as an integral part of making this irrevocable election, Greensville County Board of Supervisors certifies that it has or will establish, and continue to maintain, comparable employer-paid disability coverage for such employees.
Supervisor Ferguson moved, seconded by Supervisor Lee, to approve the recommendations by Staff. Voting aye: Supervisors Ferguson, Lee and Chairman Wiley.
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In Re: Resolution #14-20 – Governing Body of Greensville County
Mrs. Brenda Parson addressed the Board of Supervisors stating that the RBEG Grant Resolution was to obtain financing for the outfitting of classroom space in Phase III of the Southside Virginia Education Center. She stated that the monies were free and the following Resolution also authorized staff to execute any and all of the agreements and forms that needed to be filed in order to receive the $75,000 in grant funding.
RESOLUTION #14-20
GOVERNING BODY OF
GREENSVILLE COUNTY
The governing body of Greensville County, Virginia, consisting of _4____ members, in a duly called meeting held on the __5th___ day of __August______, 2013 at which a quorum was present, RESOLVED as follows:
BE IT HEREBY RESOLVED that, in order to facilitate obtaining financial assistance through a Rural Business Enterprise Grant from the USDA, Rural Development in order to purchase equipment for the Southside Virginia Community College, to outfit classroom space_____
The governing body does hereby adopt and abide by the covenants contained in the following agreements:
- “Letter of Conditions”, dated July 22,2013.
- Scope of Work,
- Form RD 1942-46, “Letter of Intent To Meet Conditions”
- Form RD 1940-1, “Request For Obligation of Funds”
- Form RD 400-1, “Equal Opportunity Agreement”
- Form RD 400-4, “Assurance Agreement”
- Form AD-1047, “Certification Regarding Debarment, Suspension, and other responsibility Matters-Primary Covered Transactions”
- Form AD-1049, “Certification Regarding Drug-Free Workplace Requirements (Grants)”
- RD Instruction 1940-Q, Exhibit A-1, “Certification for Contracts, Grants, and Loans Regarding Lobbying”
- SF-LLL, “Disclosure Form to Report Lobbying”
BE IT FURTHER RESOLVED that the Deputy County Administrator, of Greensville County, be authorized to execute, on behalf of the governing board, the above agreements and to execute such other documents including, but not limited to, debt or grant instruments and security instruments as may be required in obtaining the said financial assistance.
Supervisor Ferguson moved, seconded by Supervisor Lee, to approve Resolution #14-20. Voting aye: Supervisors Ferguson, Lee and Chairman Wiley.
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In Re: Advertisement of the Delinquent Tax List
Mrs. Pamela Lifsey, Treasurer, addressed the Board of Supervisors and requested authorization to advertise the 2012 Delinquent Personal Property and Real-Estate Tax List. A copy of which is incorporated herein by reference.
Supervisor Ferguson moved, seconded by Supervisor Lee, to approve the advertisement of the 2012 Delinquent Personal Property and Real Estate Tax List. Voting ay: Supervisors Ferguson, Lee and Chairman Wiley.
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In Re: Proposed 2013-2018 Comprehensive Plan
Mr. Lin Pope, Director of Planning, addressed the Board of Supervisors stating that at the last meeting, he provided a copy of the proposed changes to the Comprehensive Plan for review. He then asked if there were any questions regarding the proposed changes. There were none.
Supervisor Ferguson moved, seconded by Supervisor Lee, to approve the 2013-2018 Comprehensive Plan. Voting aye: Supervisors Ferguson, Lee and Chairman Wiley.
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In Re: Proposed Noise Ordinance
Mr. Pope addressed the Board of Supervisors stating Staff was requesting to amend the Greensville County Code Chapter 15: Offenses-Miscellaneous, Article II, Noise: Section 15-54-Exemptions to read (6) Noises created incidental or necessary to the conduct of industrial activity when such industrial activity is authorized by a conditional use permit approved under the Greensville County Zoning Ordinance, as adopted and amended from time to time.
Supervisor Ferguson moved, seconded by Supervisor Lee, to approve the Noise Ordinance. Voting aye: Supervisors Ferguson, Lee and Chairman Wiley.
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In Re: Alternate Appointment to the MAMaC RIFA
Mr. Whittington addressed the Board of Supervisors stating that Staff recommended an alternate to serve in the absence of a Board Member. He stated that the alternate would have voting powers as provided by the By-Laws, should one of the Board members be absent.