AGENDA BEDFORD COUNTY BOARD OF SUPERVISORS

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1 AGENDA BEDFORD COUNTY BOARD OF SUPERVISORS BEDFORD COUNTY ADMINISTRATION OFFICE JANUARY 25, :30 P.M. WELCOME a. Moment of Silence b. Pledge of Allegiance (1) APPROVAL OF AGENDA (2) FIFTEEN MINUTE CITIZEN COMMENT PERIOD (For items on this agenda that have not been addressed at a Public Hearing) (3) APPROVAL OF CONSENT AGENDA (4) APPROVAL OF MINUTES November 23, 2009 (5) PUBLIC HEARINGS / PUBLIC APPEARANCES (6) ACTION ITEMS a. Consideration of a request authorizing the issuance of a request to bid for the completion of the road known as Aurora Heights (Resolution # ) Staff Presentation: Mr. Carl Boggess, County Attorney b. Consideration of a request supporting HB 168 being brought before the 2010 General Assembly (Resolution # ) Staff Presentation: Mr. Bill Hoy, Public Information Officer (7) BOARD COMMENTS, COMMITTEE REPORTS, REQUESTS AND RECOMMENDATIONS a. Informational Item Federal Appropriation Application b. Memo from Chuck Neudorfer on a proposed county wide cleanup day c. Letter of appreciation from the Bedford Community Christmas Station (8) APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES Page 1 of 10

2 a. Summarization of appointments/reappointments required (9) COUNTY ATTORNEY REPORTS, REQUESTS AND RECOMMENDATIONS (10) COUNTY ADMINISTRATOR S REPORTS, REQUESTS AND RECOMMENDATIONS a. Bedford Public Library Board of Trustee meeting minutes of December 1, 2009 b. Bedford County Planning Commission meeting minutes of November 12 and November 16, 2009 c. Minutes for the Tri-County Lake Administrative Commission board meeting of December 1, 2009 d. Bedford County Building Report for December 2009 e. Bedford County Communications Report for December 2009 (11) PENDING MATTERS (12) UPCOMING MEETINGS. February 8 Regular meeting w/budget work session at 5:00 P.M. in Ground Floor Training Room (Extension Office Annual Report & Dinner at 6:00) February 16 Budget work session at 5:00 P.M. (Tuesday) in Ground Floor Training Room February 22 Regular meeting w/budget work session at 5:00 P.M. in Ground Floor Training Room March 1 Budget work session at 5:00 P.M. in Ground Floor Training Room Board of Supervisors: Dale Wheeler District 1, Charles Neudorfer - District 2, Roger Cheek, Chairman District 3, John Sharp District 4, Steve Arrington District 5 and Annie Pollard, Vice-Chairman - District 6 Absent: Gary Lowry District 7 Staff Present: Kathleen Guzi, Frank Rogers, Carl Boggess, Bill Hoy and Sue Prunty Page 2 of 10

3 (1) APPROVAL OF AGENDA Supervisor Arrington made a motion to approve the agenda Voting yes: Mr. Arrington, Mrs. Pollard, Mr. Sharp, Mr. Neudorfer, Mr. Wheeler and (2) FIFTEEN MINUTE CITIZEN COMMENT PERIOD Mr. Randy Stove, a resident of Franklin County, who is currently Chairman of the Smith Mountain Lake Water Safety Council, appeared before the Board to request their support of House Bill 168, which is being considered under Action Item 6 (b) on this agenda. (3) APPROVAL OF CONSENT AGENDA Mrs. Kathleen D. Guzi, County Administrator, read the consent agenda for the Board s consideration, including the following items: a. Request from Fiscal Management to authorize a supplemental appropriation in the amount of $40, to the category of Technology for the Bedford County School Board b. Request from Fiscal Management to accept the Virginia Domestic Violence Victim Fund Grant in the amount of $40, and to authorize a supplemental appropriation in the amount of $20, on behalf of the Domestic Violence c. Request from Fiscal Management to accept the Virginia V-STOP Grant in the amount of $15, and to authorize a supplemental appropriation in the amount of $ on behalf of the Domestic Violence d. Request from the Commissioner of Revenue to issue a tax refund in the amount of $ plus accrued interest to David & Cherie Markham Page 3 of 10

4 Supervisor Pollard made a motion to approve the consent agenda Voting yes: Mrs. Pollard, Mr. Sharp, Mr. Neudorfer, Mr. Wheeler, Mr. Arrington and (4) APPROVAL OF MINUTES Supervisor Neudorfer made a motion to approve the minutes of November 23, 2009 Voting yes: Voting no: Absent: Mr. Neudorfer, Mr. Wheeler, Mr. Arrington, Mrs. Pollard, Mr. Sharp and None Mr. Lowry (5) PUBLIC HEARINGS / PUBLIC APPEARANCES None (6) ACTION ITEMS (6a) Mr. Carl Boggess, County Attorney, outlined the request to issue an invitation to bid on the completion of a road known as Aurora Heights. He noted that he would like to bring this back before the board by the second meeting in March, so he would like to get these bids out as soon as possible. The two bonds that were pulled should provide adequate funding, so there should not be any County dollars involved. Mr. Neudorfer asked if this road will be to VDOT standards. Mr. Boggess answered that yes it would be done to state standards. Mr. Sharp inquired what if bids come in over the allocated funds. Mr. Boggess stated that the Board has the authority to reject the bid. Supervisor Neudorfer made a motion to approve Resolution # R Page 4 of 10

5 WHEREAS, that the developer of Cinnamon Ridge was required to post surety for street construction and for erosion and sediment control work as part of the approval of the subdivision plat for Cinnamon Ridge Phase II,; and WHEREAS, in mid 2009, the developer went out of business and the County Attorney s Office called the above letters of credit. That the holder of the letters of credit complied and the funds are on deposit with the Treasurer of the County; and WHEREAS, County staff would therefore recommend to the Board of Supervisors that staff be authorized to issue an invitation for bids for the completion of the construction of the road and the necessary erosion and sediment controls. THEREFORE, BE IT RESOLVED, That the County Administrator is authorized to issue an invitation for bids for the for the completion of the construction of the road known as Aurora Heights together with the necessary erosion and sediment control measures. Voting yes: Mr. Neudorfer, Mr. Wheeler, Mr. Arrington, Mrs. Pollard, Mr. Sharp and (6b) Mr. Bill Hoy, Public Information Officer, outlined the request of the supervisors to support HB 168, which would require children 12 years or younger to wear a Coast Guard approved personal flotation device on recreational vessels. This would not apply to recreational vessels that are moored or anchored, or to children below deck or in an enclosed cabin. Mr. Hoy noted that this is an attempt to bring state and federal regulations together. This would allow the State Department of Game and Inland Fisheries to enforce this rule and impose civil penalties if not followed. Mr. Neudorfer requested that a letter be sent along with the resolution reflecting the Board of Supervisors support. Mrs. Guzi noted that the letter will be sent to the County s general assembly delegation, as well as Delegate Pogge. Supervisor Neudorfer made a motion to approve Resolution # R WHEREAS, Bedford County is one of three communities surrounding Smith Mountain Lake; and WHEREAS, nearly every year we are confronted with the tragedy of an infant or child who has died from drowning; and Page 5 of 10

6 WHEREAS, Del. Brenda Pogge has introduced House Bill 168, which requires children 12 years old and younger to wear a life vest on recreational vessels that are under way or unmoored, providing civil penalties for infractions; and WHEREAS, the Board of Supervisors of Bedford County believes that such a provision would save lives and prevent tragedies. THEREFORE, BE IT RESOLVED, that the Bedford County Board of Supervisors supports HB 168 and urges its passage by the 2010 General Assembly. Voting yes: Mr. Neudorfer, Mr. Wheeler, Mr. Arrington, Mrs. Pollard, Mr. Sharp and (7) BOARD COMMENTS, COMMITTEE REPORTS, REQUESTS AND RECOMMENDATIONS (7a) The Board was given a copy of the Federal Appropriation Application (7b) The Board was given a copy of a memo from Chuck Neudorfer on a proposed county wide cleanup day (7c) The Board was given a copy of a letter of appreciation from the Bedford Community Christmas Station Mr. Neudorfer provided some background information on the possibility of having a community clean up day in the county. Mr. Neudorfer suggested that the clean up of the lake continue as it has in the past, but try to expand it to include other areas within the county. He suggested May 1 for the date of the Clean Up the Lake Day and also possibly as the day to clean up the County road system. He stated that he did not believe the County would have to put a great deal of money into this project. He noted that it would be a matter of trying to publicize it to encourage citizen involvement. Mr. Neudorfer added that further research would be needed to determine if vests and trash bags would have to be purchased. He noted if there was enough interest from the Board to pursue this, it would be his recommendation to coordinate this with the Solid Waste Department and VDOT, as VDOT already has the Adopt a Highway Program. Mrs. Guzi noted that there are several existing Adopt a Highway programs in the County, however, she is not sure how active Page 6 of 10

7 these sponsoring groups currently are in the program. She stated that this may be a good opportunity to get citizens involved in the community. Mr. Wheeler and Mr. Arrington voiced their support this proposal. Mr. Sharp inquired what costs would be involved, realizing that there would be costs involved to make the public aware of this effort. Mrs. Guzi noted that perhaps with the support of the press present this evening and other community groups; this could be a low budget project. Mrs. Guzi noted that staff can gather more information and bring this back to the Board. There was a consensus of the Board to investigate the possibility and details involved in having a community clean up day in the County. Mrs. Guzi stated that staff will report back to the Board with further suggestions. She also noted the possibility of drafting a resolution and speaking to community groups to help raise public awareness of this effort. Mr. Neudorfer suggested coordinating with the Smith Mountain Lake clean up crew and Franklin County Mrs. Guzi made note of an received from Congressman Tom Perriello s office regarding appropriation requests the County wished to submit. Mr. Sharp asked if the County had received any communication from Congressman Goodlatte on this matter. Mrs. Guzi stated no, that this was the first time she had received an application of this type from a congressman s office. Mr. Wheeler suggested requesting funds for Bedford Ride and the Broadband Authority. Mr. Neudorfer was in agreement. Mrs. Guzi asked what action, if any, the Board wished to take on this matter. made note that all projects must have local funding and matching funds. Mr. Frank Rogers, Assistant County Administrator, stated that he will speak with Mr. Ira Doom of Bedford Ride to make sure they are aware of the application submission process. Mrs. Pollard requested that staff meet with Congressman Perriello s Legislative Director on January 28 th & 29 th, which are the dates she will be in District 5. (8) APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES Mrs. Pollard made a motion to appoint Mr. Derrick Noell to District 6 Planning Commission Voting yes: Mrs. Pollard, Mr. Sharp, Mr. Neudorfer, Mr. Wheeler, Mr. Arrington and. Mrs. Wheeler made a motion to appoint Ms. Phoebe Hayden to the Welfare Board at Large Page 7 of 10

8 Voting yes: Mr. Wheeler, Mr. Arrington, Mrs. Pollard, Mr. Sharp, Mr. Neudorfer and. Mr. Neudorfer made a motion to appoint Mr. Spencer Tinsley to the Agricultural Economic Development Advisory Board at Large Voting yes: Mr. Neudorfer, Mr. Wheeler, Mr. Arrington, Mrs. Pollard, Mr. Sharp and. made a motion to re-appoint Dr. Don Gardner to the Agricultural Economic Development Advisory Board for District 3 Voting yes:, Mr. Sharp, Mr. Neudorfer, Mr. Wheeler, Mr. Arrington and Mrs. Pollard. Mr. Sharp made a motion to re-appoint Mr. Gene Goley to the Agricultural Economic Development Advisory Board for District 4, Mr. Matthew Braud for the Economic Development Authority Board for District 4 and Mr. Ron Jefferson for the Recreation Advisory Commission for District 4 Voting yes: Mr. Sharp, Mr. Neudorfer, Mr. Wheeler, Mr. Arrington, Mrs. Pollard and. Page 8 of 10

9 Mrs. Pollard distributed a resume of a citizen willing to serve on the Community Services Board and wishes to be considered for future openings. Mrs. Guzi noted that staff will check into when terms expire and report back to the Board. (9) COUNTY ATTORNEY REPORTS, REQUESTS AND RECOMMENDATION Nothing to report (10) COUNTY ADMINISTRATOR S REPORTS, REQUESTS AND RECOMMENDATIONS (10a) The Board was given a copy of the Bedford Public Library Board of Trustee meeting minutes of December 1, 2009 (10b) The Board was given a copy of the Bedford County Planning Commission meeting minutes of November 12 and November 16, 2009 (10c) The Board was given a copy of the minutes for the Tri-County Lake Administrative Commission board meeting of December 1, 2009 (10d) The Board was given a copy of the Bedford County Building Report for December 2009 (10e) The Board was given a copy of the Bedford County Communications Report for December 2009 Mrs. Kathleen D. Guzi, County Administrator, made note of the 2009 Lynchburg Regional Airport Commission report that was distributed to the Board. Mrs. Guzi noted that should the Board have any questions, they could be addressed to either herself or Mr. David Young, the Bedford County representative on the Airport Commission. She noted that she has been in contact with AEP regarding Smith Mountain Lake water monitoring. She also stated that she has been in contact with Georgia-Pacific regarding the James River water level. Senator Newman did submit a request requiring a well drilling permit being obtained prior to the building permit. Mrs. Guzi noted that staff is still trying to coordinate with AEP to have a representative appear at a future meeting to discuss citizen concerns on rate increases. Page 9 of 10

10 (11) PENDING MATTERS Supervisor Pollard made the motion to adjourn Voting yes: Voting no: Absent: Mrs. Pollard,, Mr. Sharp, Mr. Neudorfer, Mr. Wheeler and Mr. Sharp None Mr. Lowry Chairman Cheek adjourned the meeting at 8:21 P.M. Page 10 of 10

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