A RESOLUTION NAMING THE BOARD CHAIRMAN FOR 2014

Transcription

1 Resolution #R At a regular meeting of the Bedford County Board of Supervisors, held at the Bedford County Administration Building, Bedford, Virginia, on the 13 th day of January 2014, beginning at 7:30 p.m. A RESOLUTION NAMING THE BOARD CHAIRMAN FOR 2014 WHEREAS, in accordance with the Bedford County Board of Supervisors Rules of Procedure the Board s Organizational Meeting was held on January 13, 2014; and WHEREAS, pursuant to those Rules of Procedure, was nominated by Supervisor ollard for the position of Chairman; and WHEREAS, no other nominations were submitted, the following resolution was adopted and carried by a vote of 7-0. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors does hereby name, Chairman for Calendar Year 2014.

2 Resolution # R At a regular meeting of the Bedford County Board of Supervisors, held at the Bedford County Administration Building, Bedford, Virginia, on the 13 th day of January 2014, beginning at 7:30 p.m. A RESOLUTION NAMING THE BOARD VICE-CHAIRMAN FOR 2013 WHEREAS, in accordance with the Bedford County Board of Supervisors Rules of Procedure the Board s Organizational Meeting was held on January 13, 2014; and WHEREAS, Supervisor Sharp made a motion nominating Supervisor arker for the position of Vice- Chairman of the Board, and WHEREAS, no other nominations were submitted, the following resolution was adopted and carried by a vote of 7-0. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors does hereby name, Vice-Chairman for Calendar Year 2014.

3 Resolution # R At a regular meeting of the Bedford County Board of Supervisors, held at the Bedford County Administration Building, Bedford, Virginia, on the 13 th day of January 2014, beginning at 7:30 p.m. On motion of Supervisor Arrington, which carried by a vote of 7-0, the following was adopted: 2014 BOARD OF SUPERVISORS MEETING SCHEDULE January 13 th Regular Meeting (Work Session 5:00 to 6:45 P.M.) 27 th Regular Meeting (Work Session 5:00 to 6:45 P.M.) 30 th Joint Meeting with the School Board (6:00 P.M. at the School Board Office) February 3 rd Budget Work Session 5:00 P.M. 10 th Regular Meeting (Work Session 5:00 to 6:00 P.M.) (Annual report and Dinner w/extension Office at 6:00 p.m. following the work session) 24 th Regular Meeting (Work Session 5:00 to 6:45 P.M.) March 3 rd Budget Work Session (at 5:00 P.M.) 10 th Regular Meeting (Work Session 5:00 to 6:45 P.M.) 17 th Budget Work Session (5:00 P.M.) 20 th Budget Work Session (5:00 P.M.) (Thursday) 24 th Regular Meeting (Work Session 5:00 to 6:45 P.M.) April 7 th Meeting (Work Session 5:00 to 6:45 P.M., Public Hearing on 7:30 PM at the County Administration Office 14 th Regular Meeting (7:30 P.M.) (Budget Adoption) 28 th Regular Meeting May 12 th Regular Meeting (Work Session 5:00 to 6:45 P.M.) 27 th Regular Meeting (Tuesday) June 9 th Regular Meeting (Work Session 5:00 to 6:45 P.M.) 23 th Regular Meeting July 14 th Regular Meeting (Work Session 5:00 to 6:45 P.M.) 28 th Regular Meeting August 11 th Regular Meeting (Work Session 5:00 to 6:45 P.M.) 25 th Regular Meeting

4 Resolution # R September 8 th Regular Meeting (Work Session 5:00 to 6:45 P.M.) 22 rd Regular Meeting October 14 th Regular Meeting (Work Session 5:00 to 6:45 P.M.) (Tuesday) 27 th Regular Meeting November 12 th Regular Meeting (Work Session 5:00 to 6:45 P.M.) (Wednesday) 24 th Regular Meeting (Work Session 5:00 to 6:45 P.M.) December 8 th Regular Meeting (Work Session 5:00 to 6:45 P.M.) Regular Board Meetings: Held in the Boardroom at the Bedford County Administration Office on the 2 nd 5:00 p.m., and the 4 th 7:30 p.m. (unless otherwise noted).

5 Resolution #R At a regular meeting of the Bedford County Board of Supervisors, held at the Bedford County Administration Building, Bedford, Virginia, on the 13 th day of January 2014, beginning at 7:30 p.m. On motion of Supervisor Thomasson, which carried by a vote of 7-0, the following was adopted: WHEREAS, of the Virginia Code grants the Board of Supervisors the authority at its annual organizational meeting to fix the day or days to which a regular meeting shall be continued if the chairman, or vice-chairman, if the chairman is unable to act, finds and declares that weather or other conditions are such that it is hazardous for members to attend the regular meeting. NOW THEREFORE, BE IT RESOLVED, that if the Chairman (or the Vice-Chairman if the Chairman is unable to act) finds and declares that weather or other conditions are such that it is hazardous for Board members to attend a regular meeting, the regular meeting shall be continued until the next regularly scheduled meeting, with the exception of holidays, following the date of the regularly scheduled meeting. Such continuation shall be communicated to the members of the Board and the press as promptly as possible. All hearings and other matters previously advertised shall be conducted at the continued meeting and no further advertisement is required.

6 Resolution #R At a regular meeting of the Bedford County Board of Supervisors, held at the Bedford County Administration Building, Bedford, Virginia, on the 13 th day of January 2014, beginning at 7:30 p.m. On motion of Supervisor Thomasson, which carried by a vote of 7-0, the following was adopted: WHEREAS, it has been the past practice of the Bedford County Board of Supervisors to establish Rules of Procedure; and WHEREAS, the purpose of the rules are to help the Board conduct affairs in a timely and efficient manner by incorporating the general principles of parliamentary procedure found in Robert s Rules of Order s in Small Boards and applicable Virginia laws; and WHEREAS, at this, the organizational meeting of the Board of Supervisors, the Board is readopting and reaffirming the Bylaws and Rules of Procedure of the Bedford County Board of Supervisors. THEREFORE, BE IT RESOLVED, that the attached Bylaws and Rules of Procedures are hereby adopted as presented.

7 Resolution #R At a regular meeting of the Bedford County Board of Supervisors, held at the Bedford County Administration Building, Bedford, Virginia, on the 13 th day of January 2014, beginning at 7:30 p.m. On motion of Supervisor Pollard, which carried by a vote of 7-0, the following was adopted: A RESOLUTION TO TRANSFER $50,000 FROM THE CONTINGENCY FUND FOR THE HOMAGE SCULPTURE AT THE NATIONAL D-DAY MEMORIAL WHEREAS, June 6, 2014 marks the 70th anniversary of the Normandy Invasion; and WHEREAS, to commemorate this special anniversary, the National D-Day Memorial will dedicate a new piece of statuary entitled Homage ; and WHEREAS, Homage is a symbolic piece, emblematic of the communities across our country that nurtured those who went away to war and grieved for those who never returned; and WHEREAS, the Board authorized investing $50,000 in the Homage sculpture at its December 9 th, 2013 meeting; now BE IT THEREFORE RESOLVED, that the Bedford County Board of Supervisors authorizes a $50,000 Transfer from Contingency to fund the investment in Homage.

8 Resolution # R At a regular meeting of the Bedford County Board of Supervisors, held at the Bedford County Administration Building, Bedford, Virginia, on the 13 th day of January 2014, beginning at 7:30 p.m. On motion of Supervisor Pollard, which carried by a vote of 7-0, the following was adopted: A RESOLUTION AUTHORIZING ACCEPTANCE AND A SUPPLEMENTAL APPROPRIATION OF A RECORDS PRESERVATION PROGRAM GRANT FOR THE CLERK OF THE CIRCUIT COURT WHEREAS, the Bedford County Clerk of the Circuit Court was awarded a Records Preservation Grant in the amount of $11, from the Library of Virginia; and WHEREAS, the funds will be used to conserve Order Books 42 ( ) and 45 through 48 ( ) from the lands records; and WHEREAS, the grant does not require a local match; and WHEREAS, $11, is expected to be received and deposited with the Bedford County Treasurer on or about January 16, 2014; and WHEREAS, this amount was not included in the revenue and expenditure budget for FY for the Clerk of the Circuit Courts Grants: now THEREFORE, BE IT RESOLVED, That the Bedford County Board of Supervisors accept the Records Preservation Program Grant and authorize a Supplemental Appropriation in the amount of $11, to the FY Clerk of the Circuit Court s Grants budget, department 2164.

9 Resolution #R Page 1 of 1 At a regular meeting of the Board of Supervisors of the County of Bedford, Virginia held at the Bedford County Administration Building on the 13th day of January, 2014, beginning at 7:30 p.m. On motion of Supervisor Thomasson, which carried by a vote of 7-0, the following was adopted: A RESOLUTION APPROVING REVISED ORGANIZATIONAL COOPERATIVE AGREEMENT FOR THE TRI-COUNTY LAKES ADMINISTRATIVE COMMISSION WHEREAS, the purpose of the Tri-County Lakes Administrative Commission (TLAC) is to serve as an administrative department for the four counties surrounding Smith Mountain Lake and Leesville Lake, and is established to carry out lake planning duties as may be assigned by the respective Boards of Supervisors of Bedford, Campbell, Franklin and Pittsylvania Counties under the provisions of Section of the Code of Virginia; and WHEREAS, the admission of Campbell County and its 12 miles of shoreline on Leesville Lake as a member jurisdiction within TLAC necessitates a revision to the TLAC Organizational Cooperative Agreement currently in place among Bedford, Franklin and Pittsylvania Counties; and WHEREAS, a proposed Revised Organizational Cooperative Agreement has been prepared and approved by the TLAC Board and is being distributed for consideration and approval by the governing bodies of the four member jurisdictions; NOW, THEREFORE, BE IT RESOLVED, by the Bedford County Board of Supervisors that the Board hereby approves the Revised Organizational Cooperative Agreement for the Tri-County Lakes Administrative Commission dated December, 2013 and authorizes the Chairman of the Bedford County Board of Supervisors to execute same on behalf of Bedford County.

10 Resolution # R Page 1 of 2 At a regular meeting of the Board of Supervisors of the County of Bedford, Virginia held at the Bedford County Administration Building on the 13th day of January, 2014, beginning at 7:30 p.m. No On motion of Supervisor Thomasson, which carried by a vote of 6-1, the following was adopted: A RESOLUTION PRESCRIBING A FUNDING FORMULA FOR COUNTY FIRE PROTECTION AGENCIES WHEREAS, the Voluntary Settlement of Transition to Town Status and Other Related Issues Between The City of Bedford and the County of Bedford (Voluntary Settlement Agreement) calls for a revised funding policy for all officially authorized, volunteer-based fire protection agencies operating within Bedford County; and WHEREAS, in accordance with that requirement, the Board of Supervisors of Bedford County (Board) has developed a annual funding formula methodology for fire protection agencies which calculates annual County financial support for budgeting purposes in three (3) categories; specifically, (1) base funding to maintain and operate a main fire station facility; (2) a per-call reimbursement based upon the actual calls responded to by a County fire protection agency as officially reported by Bedford County E-911 Communications Center; and (3) funding for fire substation facilities maintained and operated by such agencies with the approval of the Board; and WHEREAS, the Board (as a whole or through a committee thereof) shall review and assess this "Fire Funding Formula" methodology and its continued practicality after the first six months of implementation and no less than every other year thereafter, to include consideration of input from the Bedford County Fire Commission; and WHEREAS, the Board warrants that from year to year actual funding made available to support this Fire Funding Formula shall be determined during development of the annual County operating budget and may change in response to public safety needs, budgetary constraints, or for other unforeseen reasons, and is ultimately subject to final budgetary approval and appropriation by the Board; NOW, THEREFORE, BE IT RESOLVED, by the Bedford County Board of Supervisors that the Board does hereby adopt a new Fire Funding Formula methodology as generally described herein effective for Fiscal Year that provides base funding, per-call reimbursement and substation funding support to each fire protection agency in Bedford County.

11 Resolution # R Page 2 of 2 BE IT FURTHER RESOLVED, that for the Fiscal Year annual County operating budget, the Fire Funding Formula shall be budgeted such that $25,000 is provided to each fire protection agency as base funding; $100 reimbursement is provided for each call officially responded to, and $3,350 is provided for each fire substation facility approved by the Board. BE IT FURTHER RESOLVED, that the or his designee is hereby directed to develop administrative policies and procedures deemed necessary and appropriate to implement the Fire Funding Formula herein described.

12 Resolution # R At a regular meeting of the Bedford County Board of Supervisors, held at the Bedford County Administration Building, Bedford, Virginia, on the 13 th day of January 2014, beginning at 7:30 p.m. Abstained No On motion of Supervisor Wilkerson, which carried by a vote of 5-1-1, the following was adopted: WHEREAS, the Board of Supervisors of the County of Bedford, Virginia ( Bedford County ) entered into a Consolidation Agreement ( Agreement ) dated October 31, 2012 with the City Council of the City of Bedford, Virginia ( Bedford ) and the Board of Directors of the Bedford County Public Service Authority ( BCPSA ) whereby the Bedford Regional Water Authority ( Authority ) was established for the provision of Water and Wastewater Services for the County of Bedford and the Town of Bedford ( Town ); and, WHEREAS, the Agreement stipulated that by December 31, 2016 the Authority will have made every reasonable effort to ensure interconnectivity of the water systems previously owned by Bedford and the BCPSA; and, WHEREAS, the BCPSA and the Authority have performed multiple engineering studies which have shown that a water treatment plant at Smith Mountain Lake is the recommended option for a long term water supply for Bedford County and the Town, with the recommended location of water treatment plant being the property previously used by the Blue Ridge Regional Jail Authority for the operation of the prison known as Camp 24; and, WHEREAS, the Board of Supervisors adopted Resolution R (R) on October 11, 2011 which concurred that the Camp 24 site was a suitable location for a water treatment plant, and further expressed the Board of Supervisor s intent to transfer a portion of the Camp 24 property for the water treatment plant that is to be developed by the Authority; and, WHEREAS, the Authority has requested by letter dated December 18, 2013 that the Board of Supervisors proceed with the transfer of approximately 69 acres of land containing the Camp 24 property as shown on the map titled Camp 24 WTP Site that was submitted with said letter such that the Authority can proceed with the development of the water treatment plant; NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors does hereby agree in principal to the conveyance of the land requested by the Authority, as stated above, and authorizes the County Attorney to advertise and hold a public hearing as to this conveyance; and, BE IT FURTHER RESOLVED, that upon the development of the water treatment plant, the Authority shall be responsible for reimbursing Bedford County for all of the expenditures incurred by the County related to the closure of the prison camp, including the demolition and environmental studies that were necessary to make the site suitable for said development. This reimbursement shall be made prior to the completion of the construction

13 Resolution # R of the water treatment plant. All future expenses related to the transfer of this property from Bedford County to the Authority shall be borne by the Authority; and, BE IT FURTHER RESOLVED, that this agreement is contingent upon the Authority receiving approval for its pending Special Review Project Applications and approval of its Special Use Application and all other federal, state and local regulatory approvals; and BE IT FURTHER RESOLVED, that the ownership of the property shall revert to Bedford County if the water treatment plant is not developed within five years of the date of this resolution. Furthermore, after this initial five year period, if the Authority or its assignees should cease using the property for the purpose of providing water service then the ownership of the property shall revert to Bedford County.

14 Ordinance # O At a regular meeting of the Bedford County Board of Supervisors, held at the Bedford County Administration Building, Bedford, Virginia, on the 13 th day of January 2014, beginning at 7:30 p.m. Abstained On motion of Supervisor Arrington, which carried by a vote of 6-0-1, the following was adopted: AN ORDINANCE TO AMEND CHAPTER 31 SUBDIVISION ORDINANCE, ARTICLE VIII WAIVERS AND APPEALS WHEREAS, the Board of Supervisors, by initiating resolution adopted on the 15 th day of October 2013, proposed amendments to the Bedford County Subdivision Ordinance; and WHEREAS, the Planning Commission and the Board of Supervisors have conducted a public hearing and received public testimony; and WHEREAS, the Planning Commission has carefully considered the initiating resolution and has suggested several modifications to the text. NOW, THEREFORE, BE IT ORDAINED, by the Bedford County Board of Supervisors, this the 13 th day of January 2014, that the Bedford County Subdivision Ordinance be amended by adding the following section: In addition to the above waivers, the Board of Supervisors retains the sole right, to grant a waiver for the use of private streets under specific circumstances. a. In those cases where the only legal means of access to a property is through a subdivision with a fifty foot platted right of way street created prior to October 1, 1989, an additional subdivision of land, consisting of no more than 10 lots may be allowed to be subdivided on a private street. b. The lots must meet the development standards of the zoning district with the exception of the requirement of fronting on a public street and with the exception that the lots shall not be smaller in acreage than the average lot size of the lots in the existing subdivision. The new lots may not be re-subdivided. c. The street must be built to the standards of the existing private street. At a minimum the street surface shall be a width, equal to or greater than the width of the existing street 20 feet in width, must have an appropriate base of compacted gravel, adequate shoulders

15 Ordinance # O and adequate drainage, all in accordance with plans and specifications submitted by an engineer licensed in the Commonwealth of Virginia. d. Should there be a home owners association for the existing subdivision, owners of lots in the new subdivision shall be required to join the existing home owners association. If there is no existing association or if the new owners are not allowed to join the existing association, a new home owners association shall be created. Deeds to lots in the new development shall contain language as to the home owners association and shall be submitted to the County for approval, prior to a subdivision being approved for recordation. e. Before granting the request, the Board must give written notice by first class mail, not less than 10 days nor more than 30 days to all persons fronting on the existing street. f. Decisions by the Board of Supervisors shall be based upon the above criteria, taking into account the hardship of the landowner, the nature of the existing easement and the position of the landowners that front the existing street. If the Board grants a waiver, any damage caused to the existing street by the development and construction of the additional lots and roadway must be repaired by the developer and/or lot owners so that the existing road remains in the same or better condition following the completion of the work to the lots and the new roadway. BE IT FURTHER ORDAINED, that should any portion or provision of this ordinance be held by any court to be unconstitutional or invalid, that decision shall not affect the validity of the ordinance as a whole, or any part of the ordinance other than the part held to be unconstitutional or invalid.

16 At a regular meeting of the Bedford County Board of Supervisors, held at the Bedford County Administration Building, Bedford, Virginia, on the 13 th day of January 2014, beginning at 7:30 p.m. Agricultural Economic Development Advisory Board Appointments: Supervisor Martin made a motion to re-appoint Kenneth Palmer to the Agricultural Economic Development Advisory Board for District 2 for a term of four years, to end on January 31, Supervisor Wilkerson made a motion to re-appoint Don Gardner to the Agricultural Economic Development Advisory Board for District 3 for a term of four years, to end on January 31, Motions passed by acclamation. Planning Commission Appointments: Supervisor Martin made a re-motion to appoint Jeff Burdett to the Planning Commission for District 2 for a term of four years, to end on January 31, Supervisor Wilkerson made a motion to appoint Harold Brown to the Planning Commission for District 3, to complete the remainder of Supervisor Wilkerson s term (from January 1, 2014 through January 31, 2014), and then for a following term of four years, to end on January 31, Supervisor Sharp made a motion to appoint Josiah Tillett to the Planning Commission for District 4 for a term of four years, to end on January 31, Motions passed by acclamation. Economic Development Authority Appointments: Supervisor Sharp made a motion to re-appoint Matthew Braud to the Economic Development Authority for District 4 for a term of four years, to end on January 31, Motion passed by acclamation.

17 Tri-County Lake Administration Appointments: Supervisor Wilkerson made a motion to appoint as the Supervisor Representative to the Tri-County Lake Administrative Commission for a one-year term beginning February 1, 2014 and ending on January 31, Supervisor Arrington made a motion to appoint as the Alternate Supervisor Representative to the Tri-County Lake Administrative Commission for a one-year term beginning February 1, 2014 and ending on January 31, Supervisor Thomasson made a motion to appoint in his capacity as to the Tri-County Lake Administrative Commission for a one-year term beginning February 1, 2014 and ending on January 31, Supervisor Thomasson made a motion to re-appoint Ron Miller as the Citizen At-Large Representative to the Tri-County Lake Administrative Commission for a one-year term beginning February 1, 2014 and ending on January 31, Motions passed by acclamation.