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05-20-2014_Adjourned_Meeting1Adjourned Meeting May 20, 2014 Pittsylvania County Board of Supervisors Tuesday, May 20, 2014 Adjourned Meeting VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, May 20, 2014 in the General District Courtroom of the Edwin R. Shields Addition in Chatham, Virginia. Jessie L. Barksdale, Chairman, called the meeting to order at 7:00 p.m. The following members were present: Jessie L. Barksdale Banister District Tim Barber Tunstall District Coy E. Harville Westover District James Snead Dan River District Brenda H. Bowman Chatham-Blairs District Jerry A. Hagerman Callands-Gretna District Elton W. Blackstock Staunton River District Mr. Otis S. Hawker, Interim County Administrator, Mr. J. Vaden Hunt, County Attorney, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Barksdale led the Pledge of Allegiance. Approval of Agenda Motion was made by Mr. Harville, seconded by Mr. Snead, to approve the agenda, with the following additions: Additions: (a) Farmers’ Market (b) Resolution Authorizing Tax Exempt Financing – Ringgold Volunteer Fire & Rescue Department (c) Town of Hurt – Sewer Line Mr. Snead’s motion was unanimously approved by the Board. Hearing of the Citizens Richard Shumate of the Westover District offered a word of prayer and commended Mr. Barber on his stand of the prayer issue, and closed by saying he was still upset about his tax bill. Peter Pilser of the Callands-Gretna District and resident of Climax Road made comments concerning the tractor trailer traffic that he says continues to increase, concerns for the safety of the residents living on that road, commented on the lack of comments from the Town of Chatham residents concerning tractor trailer traffic, and questioned what was going to be done about the problem on the Climax Road corridor. Arlene Pilser of the Callands-Gretna District and resident of Climax Road read a letter from a resident of Climax Road on safety concerns for residents living on the Climax Road due to the heavy tractor trailer traffic. This concluded the Hearing of the Citizens. Consent Agenda Motion was made by Mr. Harville, seconded by Mr. Barber, to approve the Consent Agenda, which was unanimously approved by the Board. (a) Road Name – Atkinson Road (b) Proclamation- National Dairy Month – June 2014 (c) Proclamation – Business Appreciation Week – June 1-7, 2014 Pittsylvania County Board of Supervisors PROCLAMATION NATIONAL DAIRY MONTH JUNE 2014 VIRGINIA: At a regular meeting of the Board of Supervisors of Pittsylvania County, Virginia, held on Tuesday, May 20, 2014, the following proclamation was presented and adopted to recognize June 2014 as National Dairy Month in Pittsylvania County, Virginia. WHEREAS, the Virginia Department of Agriculture and Consumer Services (VDACS) states the Virginia dairy industry has contributed to the development of the state’s economy and the well-being of its citizens since dairy cows arrived in Jamestown in 1611, and more than 400 Adjourned Meeting May 20, 2014 years later, Virginia’s dairy industry consistently ranks near the top when compared to the state’s other principal crops, livestock and livestock products; and WHEREAS, Pittsylvania County has the following eight (8) dairies in operation: Mountain View Dairy (the largest dairy in the Commonwealth of Virginia); Van Der Hyde Dairy (the 3rd largest dairy in the Commonwealth of Virginia); Hammock Dairy (the 5th largest dairy in the Commonwealth of Virginia); Motley Dairy; Grandview Holsteins, Inc.; Waller Farms; Herndon Farm; and Moore Dairy Combined, these 8 dairies produce approximately 1,441,532 gallons of milk annually within Pittsylvania County; and WHEREAS, the dairy industry is a major industry in Pittsylvania County and makes a significant contribution to the economy of the County; and WHEREAS, real milk and dairy foods are superior to their imitations in quality, value and taste; and WHEREAS, besides the great taste, dairy products are nutrient-dense, providing 72% of the calcium available in the American diet, along with nine essential vitamins and minerals, including potassium, riboflavin, phosphorus, vitamins A, D, and B-12, as well as protein, and studies indicate that eating three to four servings of dairy per day could help lower the risk of high blood pressure, osteoporosis and some forms of cancer, as well as assist with weight management, supporting the catch phrase, “Milk-it does a body good!”; and WHEREAS, the 78th celebration of June Dairy Month, highlighting the dairy industry, will occur during June 2014; then THEREFORE, BE IT PROCLAIMED by the Board of Supervisors that the month of June 2014 is designated the celebration of National Dairy Month, and calls upon all the agencies and citizens of Pittsylvania County to observe the month with appropriate programs and activities ; and BE IT FURTHER PROCLAIMED that a copy of this Proclamation be forwarded to local media sources. Pittsylvania County Board of Supervisors PROCLAMATION BUSINESS APPRECIATION WEEK JUNE 1-7, 2014 VIRGINIA: At a regular meeting of the Board of Supervisors of Pittsylvania County, Virginia, held on Tuesday, May 20, 2014, the following proclamation was presented and adopted to recognize June 1 – 7, 2014 as Business Appreciation Week in Pittsylvania County, Virginia. WHEREAS, Pittsylvania County is pleased to have a thriving base of business and industry to support the local economy; and WHEREAS, these businesses provide essential employment opportunities for the citizens of Pittsylvania County; and WHEREAS, these businesses provide local revenues from which the entire local citizenry benefit; and WHEREAS, these businesses also make significant contributions in our communities to promote educational opportunities for our children and promote a variety of activities which increase the quality of life of the area; and WHEREAS, the Board of Supervisors and citizens of Pittsylvania County recognizes and appreciates these businesses; then NOW, THEREFORE, the Board of Supervisors of Pittsylvania County do hereby proclaim the week of June 1 – 7, 2014 as “Business Appreciation Week” in Pittsylvania County; and Adjourned Meeting May 20, 2014 BE IT FURTHER PROCLAIMED that a copy of this Proclamation be forwarded to local media sources. Public Hearings Rezoning Cases Case 1: Guy & Layne Ferguson – Callands/Gretna Election District: R-14-0017 Mr. Barksdale opened the public hearing at 7:14pm. Mr. Hawker explained Guy and Layne Ferguson had petitions to rezone 70.25 acres, located of SR 935/Farmers Mountain Road , in the Callands-Gretna Election District from R-1, Residential Suburban Subdivision to A-1, Agricultural District (for agricultural use – horses and a stable/barn). The Planning Commission, with no opposition, recommended granting the petitioners’ request. Mr. Ferguson was present to represent the petition. No one signed up to speak and Mr. Barksdale closed the hearing at 7:15pm. Motion was made by Mr. Hagerman, Seconded by Ms. Bowman, to approve rezoning Case R-14-017 from R-1 to A-1 and the following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Blackstock-Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; and Mr. Barksdale- Yes. Mr. Hagerman’s Motion was unanimously approved by the Board. Case 2: Adam & April Cobb – Banister District: R-14-018 Mr. Barksdale opened the public hearing at 7:17pm. Mr. Hawker explained Adam and April Cobb had petitioned to rezone a total of 15.00 acres, two parcels of land, located on SR 686/Markham Road, in the Banister Election District from R-1, Residential Suburban Subdivision to A-1, Agricultural District (for agricultural use-chickens, goats and honeybees). The Planning Commission, with no opposition, recommended granting the petitioners’ request. Mr. Cobb was present to represent the petition. No one signed up to speak and Mr. Barksdale closed the hearing at 7:19pm. Motion was made by Mr. Hagerman, Seconded by Mr. Barber, to approve rezoning Case R-14-018 from R-1 to A-1 and the following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Blackstock-Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; and Mr. Barksdale-Yes. Mr. Hagerman’s Motion was unanimously approved by the Board. This concluded the Rezoning Cases. Public Hearing Public hearing to receive citizen input on a proposed amendment to the Pittsylvania C ounty Code involving the deletion of current Chapter 25 in its entirety and insertion of a new Procurement Policy. Mr. Barksdale opened the public hearing at 7:21pm. Mr. Hawker explained that the Pittsylvania County Board of Supervisors adopted a Central Purchasing Ordinance (Chapter 25) on December 5, 1982. The policy needed to be updated to be brought in line with the current guidelines of the Virginia Public Procurement Act. Staff had updated the policy and it has been reviewed by the County Attorney. On April 22, 2014, the Board approved to hold a public hearing for citizen input on a proposed amendment to Chapter 25 which would involve the deletion of the policy adopted in 1982 in its entirety and insert of the new Procurement Policy. No one signed up to speak and Mr. Barksdale closed the public hearing at 7:22pm. Motion was made by Mr. Blackstock, Seconded by Ms. Bowman, to delete the current 1982 policy in its entirely and insert the new Procurement Policy into Chapter 25 of the Pittsylvania County Code. The following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Blackstock-Yes; Ms. Bowman- Yes; Mr. Hagerman-Yes; and Mr. Barksdale-Yes. Mr. Blackstock’s Motion was unanimously approved by the Board. Unfinished Business At their regular meeting on May 5, 2014, Motion was made by Mr. Snead, Seconded by Mr. Barber, for the reappropriation of funds as follows: : $199.67 to Clerk of Courts -Copier Lease (100-4-021600-60051), $125.00 to Sheriff-Wrecker Service (100-4-031200-3170), $438.78 to Sheriff-Parts (100-4-031200-6031), $285.20 to Sheriff-Labor (100-4-031200-6031), $50.60 to Jail- Extradition (100-4-033100-5550), $198.00 to Recreation-Recreation Related Supplies (100-4- 071100-6014), $519.22 to WIA Administration-Other Operating (251-4-353160-6014), $20,031.52 to WIA-Other Operating (251-4-353853-6014). Mr. Snead’s motion required a 10- Day Layover that had now been met and the following Roll Call Vote was recorded: Mr. Harville - Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Blackstock-Yes; Ms. Bowman-Yes; Mr. Hagerman- Yes; and Mr. Barksdale-Yes. Mr. Snead’s Motion was unanimously approved by the Board. Adjourned Meeting May 20, 2014 New Business The Legislative Committee met at 5:00 PM on Tuesday, May 20, 2014 and a Motion came from committee to hold a public hearing on Tuesday, June 17, 2014 for citizen input on the following three (3) proposed changes to Chapter 9 of the Pittsylvania County Code: (1): SEC. _____. TREASURER’S DISCRETION FOR APPLICATION OF TAX PAYMENTS. The treasurer shall not be required to apply any tax payments to the oldest outstanding account provided the taxpayer has made a bona fide arrangement for payment of the existing tax delinquency. (2): SEC. _______. BAD CHECK FEE. Pittsylvania County, Virginia, and any and all of its associated Constitutional Officers, shall have the authority to charge and collect up to $35.00 for the uttering, publishing or passing of any check, draft, or order for payment of taxes or any other sums due, which is subsequently returned for insufficient funds, or because there is no account or the account has been closed, or because such check, draft, or order was returned because of a stop-payment order placed in bad faith on the check, draft, or order by the drawer. (3): SEC. 9-47. ASSESSMENT OF LICENSE FEE. A. There is hereby assessed to any person owning or leasing a motor vehicle, trailer or semi - trailer, normally garaged, stored or parked in Pittsylvania County on January 1 of each year a Pittsylvania County motor vehicle license fee. B. Reserved. C. The chief of each volunteer fire department and volunteer emergency rescue squad will prepare and certify a list of active members and active auxiliary members or former members who served at least ten (10) years in the County of his department or squad and who regularly respond or responded to calls or perform or performed other duties for the department or squad and who reside in the County outside the corporate limits of the Towns of Chatham, Gretna, and Hurt. The certified list and affidavit by the chief will include the complete name of each individual, his residence address and dates of service of active member, active auxiliary member, or former member who served at least ten (10) years in the County to be certified for exemption. Each individual so certified will complete the required application form which shall include the name of the individual, his residence address, the department making the certification, vehicle identification number and description of the vehicle owned or leased by such active member, active auxiliary or former member who served at least ten (10) years, and which shall include an affidavit swearing to its contents, submit it to his chief who will attach all individual applications to the certified listing and submit to the Treasurer of the County by March 1 of each year. After reviewing and comparing the certified listing, applications, and affidavits, with the Virginia Division of Motor Vehicle records, and the personal property tax rolls, the Treasurer will issue an exemption certificate to each certified member without charge except the Treasurer shall deny for the current year the issuance of the vehicle license fee without charge to an otherwise qualified applicant who has failed to pay any personal property taxes for any prior years due the County which is unpaid by the March 1 due date of the application. No member of a volunteer rescue squad or volunteer fire department shall be issued an exemption certificate for more than one (1) vehicle free of charge. The Board unanimously approved the Legislative Committee’s Motion and a June 17, 2014 date was set for a public hearing for citizen input on the proposed amendments. Motion was made by Mr. Snead, Seconded by Mr. Blackstock, to approve contributing 1/3 of the cost (not to exceed $1,000) of activities held by the Danville-Pittsylvania County Chamber of Commerce during “Business Appreciation Week”, June 1-7, 2014, with the remaining 2/3 of the cost shared equally between the Chamber of Commerce and the City of Danville. Mr. Harville commented that while he would support it, the Board needed to be careful of requests like this coming from the Chamber of Commerce for tax payer dollars when the Chamber charges dues from its members and the request has him greatly concerned. Mr. Snead’s Motion was unanimously approved by the Board. Motion was made by Mr. Barber, Seconded by Mr. Blackstock to award the fuel bid on gasoline, diesel fuels (off road and over road) and propane as follows: Foster Fuels, Inc. – Off Road Diesel Fuel Davenport Energy, Inc. – Over the Road Diesel Fuel, Unleaded Gasoline & LP Propane Adjourned Meeting May 20, 2014 This would be an annual contract, annually renewable, pending appropriation of funds, with the first year’s effective dates being July 1, 2014 through June 30, 2015. Mr. Barber’s motion was unanimously approved by the Board. Motion was made by Mr. Harville, Seconded by Mr. Blackstock, to approve and appropriate $11,265.95 to reimburse Campbell County for fuel used by Altavista EMS for Pittsylvania County EMS calls and agree to continue to pay Campbell County for Altavista EMS fuel related to Pittsylvania County EMS calls in the future. Mr. Harville’s Motion required a 10- Day Layover. Motion was made by Mr. Snead, Seconded by Mr. Blackstock, to appropriate a total of $584,184.43 and approve transfers of $74,662.82 as discussed, noting the items will be adjusted in the FY 2014 budget. Mr. Snead’s Motion required a 10-Day Layover. Board Appointments Motion was made by Mr. Harville, Seconded by Mr. Snead, for the following appointments to the Danville-Pittsylvania County Community Services Board of Directors: a) Ronald E. Merricks for re-appointment as the Dan River District Representative on the Danville-Pittsylvania County Community Services Board of Dir ectors for a 3-year term beginning July 1, 2014 and ending June 30, 2017. This will be the last 3-year term Mr. Merricks will be eligible for re-appointment. (b) Dr. Julie Brown for re-appointment for the At-Large seat on the Danville- Pittsylvania County Community Services Board of Directors for a 3-year term beginning July 1, 2014 and ending June 30, 2017. Dr. Brown has served one 3-year term. Mr. Harville’s Motion was unanimously approved by the Board. Motion was made by Mr. Blackstock, Seconded by Mr. Snead, for the following appointments to the Pittsylvania County Public Library Board of Trustees: (a) Elizabeth Jones for re-appointment as the Banister District Representative on the Pittsylvania County Public Library Board of Trustees for a 4-year term beginning July 1, 2014 and ending June 30, 2018. (b) Janice Fitts for a re-appointment as the Dan River District Representative on the Pittsylvania County Public Library Board of Trustees for a 4-year term beginning July 1, 2014 and ending June 30, 2018. Mr. Blackstock’s Motion was unanimously approved by the Board. Motion was made by Mr. Harville, Seconded by Mr. Barber, for the following appointments to the Pittsylvania County Social Services Board of Directors: (a) James (Jimmy) B. Williams for re-appointment as the Dan River District Representative on the Pittsylvania County Social Services Board of Directors for a 4 -year term beginning July 1, 2014 and ending June 30, 2018. (b) Rev. Stedman Payne, Sr. for re-appointment as the Staunton River District Representative on the Pittsylvania County Social Services Board of Directors for a 4 -year term beginning July 1, 2014 and ending June 30, 2018. (c) Diana McMahon for re-appointment as the Westover District Representative on the Pittsylvania County Social Services Board of Directors for a 4-year term beginning July 1, 2014 and ending June 30, 2018. Mr. Harville’s Motion was unanimously approved by the Board. Motion was made by Ms. Bowman, Seconded by Mr. Harville, to accept the resignation of Mauricca Doss as the Callands-Gretna District representative on the Beautification Committee, which was unanimously approved by the Board. Items Added Motion was made by Mr. Harville, Seconded by Ms. Bowman, authorizing the County Attorney to proceed with drafted a proposed lease between the Pittsylvania County Board of Supervisors and the Olde Dominion Agricultural Foundation to formalize the operation of the Farmers’ Market operation at the Olde Dominion Agricultural Complex; and authorized the Interim County Administrator to develop an estimated budget to cover liability insurance, staffing costs, and marketing to be considered with the lease. Mr. Harville’s motion was unanimously approved by the Board. Town of Hurt Mayor, Gary Poindexter, addressed the Board with a request for Pittsylvania County to partnership with the Town on a sewer line extension project. The extension would be across Business 29 to a parcel currently belonging to English Construction (and across from Adjourned Meeting May 20, 2014 English Construction) where it is Mayor Poindexter’s understanding there is an arrangement for C4, LLC of Charlotte, North Carolina to erect a Family Dollar Store. Mayor Poindexter stated it was evident in a letter received by C4 that the construction of the new store was conti ngent having all the infrastructure that is needed and currently that referred to Town sewer lines since all other infrastructure was in place. Failure to provide the sewer service would likely cause this arrangement to fail, as well as future businesses locating there. Furthermore, the line would also serve two beauty pallor businesses already located on that side of Business 29 that needed it. Mayor Poindexter explained it is the Town’s intent for this to be a first phase, as town sewage would need to be added in the upcoming years. The Town is asking for a 40/60 percent (Pittsylvania County for 60%) shared cost of this current sewer line extension, with the County’s 60% cost share coming to $69,347.40. Mr. Harville asked if the Town had any comprehensive plan for this area, which he would like to see before he approved anything. Furthermore, in the past, the Board of Supervisors has not done a project like this to a privately owner and also, this was a lot of money for one little business. Mr. Hagerman asked if the Town was asking for a loan or gift. Mayor Poindexter stated as he saw it as a partnering on a project; neither a gift nor a loan. Mr. Hagerman said the problem he has if the purchase and development of the property didn’t go through, the only person who would come out on this project would be the current owner and would really like to see the contracts with C4, LLC executed before the County committing the 60% towards the project. Mayor Poindexter suggested the County do as Town Council for Hurt had done and state the money for the project would be appropriated on the contingency the C4, LLC executed a contract to purchase and develop the property. Ms. Bowman asked what the total project amount cost and was total $115,579. Mayor Poindexter also emphasized that unfortunately this project is extremely time sensitive and action on committing to this sewer line needed to happen rapidly. Mr. Barber also said to consider a long term loan like the Board did with the Town of Chatham on a previous project. Ed Hodges, Public Works Director for the Town of Hurt stated this sewer line extension would also benefit the 2 beauty shops and down to Prospect Road. Mr. Blackstock pointed out that the County has put tax payer money into the Mega Park without one industry in it and we have a town asking for $69,000 and would be putting in his motion that the money would be contingent on Family Dollar building and moving into the property. Furthermore, Mr. Blackstock said, everyone was aware there were families with septic systems that would not pass inspection who would eventually benefit from this extension. Mr. Blackstock realizes the decision needs to be made quick and every property in this county is owned by someone or some corporation and it’s not to help one person benefit from the infrastructure improvement. Mr. Blackstock stated the Town was trying to keep business in Town. Mr. Harville stated he respected what Mr. Blackstock said and would still like to see a comprehensive plan on the project. Until Mr. Hodges informed the Board, no one was aware the line would be helping anyone else. Mr. Barksdale asked what timeline is being discussed when urgency is talked. Mayor Poindexter and Mr. Hodges stated they were to call C4 the next morning and tell them the Board’s decision. Mr. Barksdale then asked the Interim County Administrator was there a better venue, such as the Economic Development Committee, to have this issue consider. Unfortunately, Mayor Poindexter stated, the town did not receive the comm itment letter from C4 until mid-day last Friday. Mr. Barksdale stated he firmly supported development in the Town of Hurt, but was bothered by the pressure to decide with little notice. Mr. Harville and Mr. Barber both pointed out that in the past, the developers have contributed to such a project in some way and felt they should be partnering to a certain degree. Mr. Hodges asked for clarification on the reference of $1million plus dollars spent at Klopman Mills and wasn’t that Tobacco Commission money. Mr. Harville stated it was $1.5million of the County’s allotment of Tobacco Grant money that could have been spent anywhere in the County and the Board chose the Klopman Mill site, and that taxpayers’ money paid for the match to that amount of money, and i f there isn’t a development of the property down the road, the County would have to pay back the Tobacco Commission’s $1.2 million. Motion was made by Mr. Blackstock, Seconded by upon completion for the sewer line project as presented by the Town of Hurt, the Board of Supervisors authorize expenditures out of unappropriated surplus up to the amount of $69,347.40 or 60% of the total, whichever is less, Seconded by Ms. Bowman. Ms. Bowman stated there were funds in the Economic Development line and asked if it could be used. Mr. Hawker stated it could if the Board designated it, but historically commercial development was not considered economic development. Mr. Barksdale stated he was going to support it but with great reluctance due to the order of events. He understood the Town of Hurt was not that problem and knew they would not be before the Board if the Town didn’t need the help, but his support was reluctant. Mr. Blackstock then amended his Motion to say instead of the expenditures coming out of unappropriated surplus, the funds for the project would come out of the Economic Development line, and Ms. Bowman Seconded the amended motion. Mr. Barber questioned if the sewer line was being run if Family Dollar did not locate there. Mr. Blackstock amended his Motion again to include “pending the assigning of the contract by the company” and Ms. Bowman Seconded Mr. Blackstock’s amended Motion. Mr. Blackstock withdrew his Motions and submitted a new Motion Adjourned Meeting May 20, 2014 as follows: the Board of Supervisors authorizes the payment of $69,347.40 or 60% of the total contract of the sewer line project, whichever is less to the Town of Hurt, as proposed by the Town of Hurt, at the completion of the project, and a signed contract by C4, LLC that the project will take place to build a Family Dollar, Seconded by Ms. Bowman. Mr. Harville then made a Substitute Motion to run a sewer line under U.S. 29 in front of Unique Industries to the northbound for future development of tracts, in addition to Mr. Blackstock’s Motion, Seconded by Mr. Barber. Mr. Blackstock stated Mr. Harville didn’t give an amount of money. Mr. Harville amended his Substitute Motion to include up to $80,000 for the project in addition to the $69,347.42 for the Hurt project, Seconded by Ms. Bowman. Mr. Harville stated for clarification that he realized that was Ms. Bowman’s district but he had been working on the issue since before she moved back to Pittsylvania County. Mr. Blackstock asked Mr. Hawker if the combine amounts needed for the two projects was in the Economic Development line. Mr. Hawker stated he was not sure and if it was not, he would have to come back to the Board for an appropriation. Mr. Harville again amended his Substitute Motion to include the funds for both projects would come from the Economic Development line, and if necessary, get any remaining balance from Unappropriated Surplus, and Ms. Bowman amended her Second. Mr. Blackstock called for the question, seconded by Ms. Bowman. The Board then voted on Mr. Harville’s amended Substitute Motion, which passed by a 6 to 1 majority vote of the Board, with Mr. Hagerman opposing. Motion was made by Mr. Snead, Seconded by Mr. Barber, to approve Resolution 2014 -05- 23 that gives Ringgold Volunteer Fire and Rescue Department the authority to participate financing on tax exempt status for equipment utilized by the volunteer fire department for public use, which was unanimously approved by the Board. Pittsylvania County Board of Supervisors RESOLUTION 2014-05-23 WHERAS, the Pittsylvania County Board of Supervisors under the United States Internal Revenue Code receives a $10-million dollar allocation for tax exempt bonds each year beginning January 1; and WHEREAS, the tax exempt bonds cover boards, agencies and commissions under the Board of Supervisors; and WHEREAS, the Ringgold Volunteer Fire and Rescue Department is an authorized Volunteer Fire Department identified in Section 31-2:1 of the Pittsylvania County Code, authorizing them to participate in financing on tax exempt status for equipment utilized by the Volunteer Fire Department for public use; and WHEREAS, the Ringgold Volunteer Fire and Rescue Department has held a public hearing on May 19, 2014 on the tax-exempt financing after publishing the required notice by code; then BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors hereby approves the Ringgold Volunteer Fire and Rescue Department entering into a financial agreement as required under the United States Internal Revenue Code for financing to be carried out on a tax exempt basis in the amount not to exceed $113,000.00 to finance one (1) Ferrara Ember HD-77 Quint, Production Number H-5228 2014 Ladder Truck and additional equipment; and BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Ringgold Volunteer Fire and Rescue Department in order to supplement their financing requirements. Board Announcements Mr. Hagerman asked for a copy of the transcript of the night’s meeting concerning the sewer line extension and wanted to speak to the County Attorney why he was not allowed to make a motion during that session. Closed Session Motion was made by Mr. Harville, Seconded by Mr. Snead, to enter into Closed Session for the following: Adjourned Meeting May 20, 2014 Consultation with legal counsel pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; and consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. Authority: §2.2-3711(A)(7) of the Code of Virginia, 1950, as amended Subject Matter: Barbara Hudson v. Pittsylvania County, Virginia and Board of Supervisors of Pittsylvania County, Virginia Purpose: Briefing by Legal Counsel The Board entered into Closed Session at 9:15pm. Motion was made by Mr. Harville, Seconded by Mr. Barber, to re-enter into Open Session. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the Regular Meeting of the Pittsylvania County Board of Supervisors on Tuesday, May 20, 2014 the Board hereby certifies by a recorded vote that to the best of each board member’s knowledge only public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act and identified in the motion authorizing the closed meeting were heard, discussed or considered in the closed meeting. If any member believes that there was a departure from the requirements of the Code, he shall so state prior to the vote indicating the substance of the departure. The statement shall be recorded in the minutes of the Board. Vote Jerry A. Hagerman Yes Brenda Bowman Yes Elton W. Blackstock Yes Coy E. Harville Yes James H. Snead Yes Jessie L. Barksdale Yes Tim R. Barber Yes The Board returned to Open Session at 9:37pm. Adjournment Motion was made by Mr. Harville, seconded by Mr. Snead, to adjourn, which was unanimously approved by the Board. The meeting adjourned at 9:40pm.