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02-17-2009 BOS Adjourned MeetingRegular Meeting February 17, 2009 Pittsylvania County Board of Supervisors Tuesday, February 17, 2009 Adjourned Meeting VIRGINIA: The regular meeting of the Pittsylvania County Board of Supervisors was held on Monday, February 17, 2009 in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia. Coy E. Harville, Chairman, called the meeting to order at 7:01 p.m. The following members were present: Fred Ingram Tim R. Barber James Snead William H. Pritchett Henry A. Davis, Jr. Marshall Ecker Coy E. Harville Callands-Gretna District Tunstall District Dan River District Banister District Chatham-Blairs District Staunton River District Westover District Mr. William D. Sleeper, County Administrator, Mr. John P. Light, Legal Counsel and Ms. Rebecca Flippen, Deputy Clerk were also present. Mr. Barber gave the invocation and led the pledge of allegiance. Items to be added The following were items to be added to the agenda: a) Consideration of Text Amendments to the Pittsylvania County Zoning Ordinance-to be presented by Karen Maute b) 2007 Homeland Security Program Grant c) Assignment of Contract -Economic Development Office Copying Machine d) Assignment of Lease Contract -Economic Development Office e) Change Order #1 -Witcher Road Water and Sewer System Project f) Change Order #2 -Ringgold/Tom Fork Road Water System Project g) Comprehensive Planning Management Board (CPMB) Supplement Allocation Request h) Engineering Services-concerning Homeland Security i) Stimulus Education Waiver - Mr. Davis j) $1,000 out of the Budget for the Motley Dixie Softball League - Mr. Ecker k) A Children at Play Sign for SR 882 - Mr. Barber 1) Sandy Level Voting Precinct Motion was made by Mr. Barber, seconded by Mr. Ingram, to approve the agenda, with the additional items. The Board voted unanimously to approve Mr. Barber's motion. Regular Meeting February 17, 2009 Hearing of the Citizens Mr. Harville asked if there were any citizens present who wished to speak on an item not listed on the agenda. Mr. Louie Wyatt, Chatham-Blairs District, made comments in favor of the Mega Park project on Berry Hill Road. Mr. Eddie Poe, Staunton River District, made comments opposing uranium mining in Pittsylvania County. Deborah Lovelace, Callands-Gretna District, made comments concerning a published article about potential mining jobs in Southside Virginia should uranium mining occur in Pittsylvania County and that not it would economically benefit the County, comments on global uranium mining, and comments in opposition of uranium mining in Pittsylvania County and made supportive comments for Mr. Henry A. "Hank" Davis and Karen Maute. Phillip Lovelace, Callands-Gretna District, made supportive comments for Mr. Henry A. "Hank" Davis and Karen Maute as well, and how uranium mining could negatively effect the farming operations and the jobs of employees working on these operations. Mr. Hunter Austin, Callands-Gretna District, asked the Board to take the "Obama approach" in transparency in government because of numerous rumors that circulate, comments in favor of limiting the number of terms a Board member can serve as Chairman during that member's 4-year board term and reminded that the duties of the board are to represent the people living in Pittsylvania County and their best interests. Ms. Nancy Smith, Tunstall District, asked that acronyms not be used in Board meeting agendas, minutes and proposed budget or a list at the beginning of any document using acronyms, placing the Board packet on the Internet, copies of the Board Packet to be placed in the 4 County libraries, at least one copy of any handouts for committee meetings available to the citizens attending committee meetings; made comments concerning wasteful spending and comments concerning the dissolving of the Pittsylvania Economic Development office. Next, Ms. Eloise Nenon, Chatham-Blairs District, spoke to the Board on her endeavors in potential economic benefits of the local heritage of Pittsylvania County, preservation of agri-tourism, heritage tourism and comments about the County considering the use of Solar Power with some of its buildings. Steve Worley, Staunton River District, made opposing comments on uranium mining in Pittsylvania County, asked why there wasn't a representative from Pittsylvania County on the Coal and Energy Commission's Study Group and asked for anon-biased study on the effects of potential uranium mining in Pittsylvania County. Mr. T. L. Rowland, Staunton River District, as president of the Motley Dixie Softball League, gave the league's appreciation to the Board of their previous financial support to the league and asked the Board for their consideration of funding in this year's season. Mr. Daron Lollis, Westover District, was the last speaker, with comments on potential delinquent taxes, and opposing comments to the proposed tax increases for the County's 2009-2010 Budget. This concluded the hearing of the citizens. Consent Agenda (a) Regional One -Funding for the Months of January 2009 -March 2009 (b) Resolution -Clara Stone Burch Tucker - 100 year old (c) Mt. Zion Water System -Amend Contract (d) Out of State Travel Regular Meeting February 17, 2009 Motion was made by Mr. Ingram, seconded by Mr. Barber, to approve the Consent agenda. Mr. Barber asked that Item (a), Regional One, be pulled out and voted on individually. Mr. Barber then made a substitute motion to remove item (a) from the Consent agenda, seconded by Mr. Ecker. The following vote was recorded on the Mr. Barber's substitute motion: Mr. Ingram-no; Mr. Barber -yes, Mr. Snead -yes; Mr. Pritchett- yes, Mr. Davis-no, Mr. Ecker -yes, Mr. Harville- yes. Mr. Barber's substitute motion passed by a 5-2 majority vote of the Board. Motion was then made by Mr. Snead, seconded by Mr. Ecker, to approve Items b, c, and d on the Consent Agenda. The Board unanimously approved Mr. Snead's motion. Next the Board voted on Item (a) of the Consent Agenda-January 2009-March 2009 funding for Regional One. The following vote was recorded: Mr. Ingram-yes; Mr. Barber - no, Mr. Snead -yes; Mr. Pritchett- yes, Mr. Davis-yes, Mr. Ecker - no, Mr. Harville- yes. By a majority vote of 5 to 2, the Board approved funding Regional One for the months of January 2009 through March 2009. Mr. Harville and Mr. Ingram, along with the members of the Board, presented Mr. Roy Tucker, son of Clara Stone Burch Tucker, with Resolution 2009-02-04, in honor of her reaching the milestone birthday of 100 years old. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2009-02-04 WHEREAS, Clara Stone Burch Tucker was born in Pittsylvania County, Virginia, on January 13, 1909; and WHEREAS, Clara Stone Burch Tucker was born at home in the Chalk Level community as the eldest daughter of Joel Lafayette and Mary Gilbert "Mamie" Thompson Burch, where Mr. Joel Burch was a farmer; and WHEREAS, Clara Stone Burch Tucker attended the nearby Greenfield Elementary School and later graduated from high school as Valedictorian of her class at Gretna High School, in Gretna, Virginia, in 1926; and WHEREAS, After graduating from Longwood University in Farmville, Virginia, she returned to Pittsylvania County and the Chalk Level community to teach school before marrying Royal Stevens "Roy" Tucker, son of John William "Jack" Tucker and Nell Jennette "Nellie" Tucker, on March 27, 1929; and WHEREAS, after the death of her beloved husband on December 30, 1945, Ms. Tucker and her only child, Royal Stevens "Roy" Tucker, Jr, moved to Danville, Virginia, where she worked at the L. Herman Department store that was later acquired by Thalhimers, Richmond, Virginia, where Ms. Tucker retired in 1974; and WHEREAS, In 1994, Ms. Clara Stone Burch Tucker moved to Richmond, Virginia and since 1998, has resided in the Masonic Home of Virginia, where she Regular Meeting February 17, 2009 continues to live, is very alert and spry, and aside from some deafness, continues to live a productive life, enjoying crocheting and making gifts for her family members and friends; now THEREFORE, BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors express their sincere congratulations to Clara Stone Burch Tucker as she has reached her 100`" year milestone on January 13, 2009; and BE IT FURTHER RESOLVED, that the Board of Supervisors directs that a copy of this resolution be presented to Clara Stone Burch Tucker on the behalf of the Board and the Citizens of Pittsylvania County. Public HearinEs Case 1, Roofing Solutions, Inc. -Callands-Gretna District; R-09-003. The public hearing on this case opened at 8:08 p.m. Mr. Odie H. Shelton, Jr., Director of Code Compliance, explained the applicant had petitioned to rezone 1.06 acres, located on Grubb Road/SR 1154, in the Callands-Gretna District, from R-1 (Residential Suburban Subdivision District) to B-2 (Business District), General (for contractor's office and storage facility). The Planning Commission, with no opposition, recommended granting the petitioner's request. No one was present to represent the petition. There was no opposition. The public hearing closed at 8:09 p.m. Mr. Ingram made a motion, seconded by Mr. Barber, to rezone the property from R-1 to B-2. The following roll call vote was recorded. Mr. Ingram -Yes, Mr. Barber -Yes, Mr. Snead -Yes, Mr. Pritchett -Yes, Mr. Davis -Yes, Mr. Ecker -Yes and Mr. Harville -Yes. Motion carried by unanimous vote. The Mr. Harville announced that case R-09-003 had been rezoned from R-1 to B-2. Case 2, Eva Willis -Tunstall District, R-09-004. The public hearing on this case opened at 8:10 p.m. Mr. Odie H. Shelton, Jr., Director of Code Compliance, explained the applicant had petitioned to rezone 6.14 acres, two parcels, located on Martin Drive/SR 855, in the Tunstall District, from A-1 (Agricultural District) to B-2 (Business District), General (for catering, parties and weddings). The Planning Commission, with no opposition, recommended granting the petitioner's request. Ms. Willis was present to represent the petition. There was no opposition. The public hearing closed at 8:11 p.m. Mr. Barber made a motion, seconded by Mr. Snead, to rezone the property from A-1 to B-2. The following roll call vote was recorded. Mr. Ingram -Yes, Mr. Barber -Yes, Mr. Snead -Yes, Mr. Pritchett -Yes, Mr. Davis -Yes, Mr. Ecker -Yes and Mr. Harville -Yes. Motion carried by unanimous vote. The Mr. Harville announced that case R-09-004 had been rezoned from A-1 to B-2. Case 3, Michael B. Moore & Donna Moore -Tunstall District, R-09-005. The public hearing on this case opened at 8:12 p.m. Mr. Odie H. Shelton, Jr., Director of Code Compliance, explained the applicant had petitioned to rezone .084 of an acre, located on Oak Hill Road/SR 862, in the Tunstall District, from RC-1 (Residential Combined Subdivision District) to A-1 (Agricultural District), (to combine with their adjoining A-1 property). The Planning Commission, with no opposition, recommended granting the petitioner's request. Mr. Moore was present to represent the petition. There was no Regular Meeting February 17, 2009 opposition. The public hearing closed at 8:13 p.m. Mr. Barber made a motion, seconded by Mr. Snead, to rezone the property from RC-1 to A-1. The following roll call vote was recorded. Mr. Ingram -Yes, Mr. Barber -Yes, Mr. Snead -Yes, Mr. Pritchett -Yes, Mr. Davis -Yes, Mr. Ecker -Yes and Mr. Harville -Yes. Motion carried by unanimous vote. The Mr. Harville announced that case R-09-005 had been rezoned from RC-1 to A- 1. Case 4, Jeff Perkins -Callands-Gretna District, R-09-006. The public hearing on this case opened at 8:13 p.m. Mr. Odie H. Shelton, Jr., Director of Code Compliance, explained the applicant had petitioned to rezone 1.58 acres, located on W Gretna Road/SR 40, in the Callands-Gretna District, from A-1 (Agricultural District) to B-2 (Business District), General (for sales, service and repair of vehicles and a tire center). The Planning Commission, with no opposition, recommended granting the petitioner's request. Mr. Perkins was present to represent the petition. There was no opposition. The public hearing closed at 8:14 p.m. Mr. Ingram made a motion, seconded by Mr. Pritchett, to rezone the property from A-1 to B-2. The following roll call vote was recorded. Mr. Ingram -Yes, Mr. Barber -Yes, Mr. Snead -Yes, Mr. Pritchett -Yes, Mr. Davis -Yes, Mr. Ecker -Yes and Mr. Harville -Yes. Motion carried by unanimous vote. The Mr. Harville announced that case R-09-006 had been rezoned from A-l to B-2. New Business Ms. Karen Maute addressed the Board on two items that she had recommendations for their consideration. The first item was a number to text changes of the Pittsylvania County Zoning Ordinance, several of which concerning mining, environment, quality of life, effective use of land, agriculture, and purpose and intent. The second item Ms. Maute had recommendations on for the Board to consider was updating the County's Minerals Tax to include a more comprehensive identification and assessment of mineral lands, and to enforce the Minerals Tax. Mr. Harville thanked her for her open-minded approach in her presentation and was referring her recommendations to the Legislative Committee. Motions was made by Mr. Barber, seconded by Mr. Snead, to award Contract Alternate#2, in the amount of $134,047, to F & B Contractors, Ltd. of Bedford, the lowest responsive bidder, for construction of a new compactor site on SR 839, and authorize the County Administrator to sign all necessary documents pending review by Legal Counsel. The Board unanimously approved Mr. Barber's motion. Motion was made by Mr. Ingram, seconded by Mr. Barber, to appropriate $964.04 to line item 100-4-033100-5899, the State Criminal Alien Assistance Program (SCAAP) Administration Fee. The Justice Benefits Services, Inc. had helped the County to secure funding from the Bureau of Justice Assistance to fund SCAAP. The following roll call vote was recorded: Mr. Ingram -Yes, Mr. Barber -Yes, Mr. Snead -Yes, Mr. Pritchett -Yes, Mr. Davis -Yes, Mr. Ecker -Yes and Mr. Harville -Yes. Mr. Ingram's motion was unanimously approved by the Board. Regular Meeting February 17, 2009 Mr. Sleeper explained that each year staff submits a listing of Comprehensive Economic Development Strategy (CEDS) Priority Projects to the Board for their review and approval. Once approved it is sent to West Piedmont Planning to apply for Economic Development Authority (EDA) funding. He further mentioned that the Hurt Industrial Park (the former Klopman building) needed to be added to the list for their consideration when reviewing the July 01, 2009-June 30,2010 CEDS Priority Projects. Motion was made by Mr. Snead, seconded by Mr. Ingram to approve the submitted revised list. The Board unanimously approved Mr. Snead's motion. At the February 2, 2009 meeting of the Finance Committee, the Finance Committee passed a motion to approve transfer of a balance of funds from the 325 account on Complete Projects in the amount of $300,000 to the 310 account for a new line for the RT 40 W Waterline construction. The Board unanimously approved the Finance Committee's motion. The Finance Committee recommended to the full Board of Supervisors to advertise a proposed budget for fiscal year 2010, in the estimated total $225,908,595, including a school budget estimated at $84,968,733 and set for separate public hearings at 7:00 pm on Tuesday, February 17, 2009 and to also include public hearings for the following: 1) Proposed Amendments to Chapter 6, of the Pittsylvania County Code, Section 6- 13.2 - 6-13.3, raising the Consumer Utility Tax from 15% of the first $15 to 20% of the first $15. 2) Proposed Amendments to Chapter 6, of the Pittsylvania County Code, to establish a discount for early payment of the biennial taxes due on real estate and personal property. These are proposed amendments to Chapter 6-1.2, Subsection G, of the Pittsylvania County Code. 3) Proposed Amendments to Chapter 9, of the Pittsylvania County Code, to raise the Motor Vehicle Fee from $29.50 to $38.75, to match the State maximum, modifying Sections 9-47, 9-49, and 9-55 of the Pittsylvania County Code. 4) Proposed Amendments to Chapter 6, of the Pittsylvania County Code, Section 6- 1.1 - 6-1.3 to raise the Personal Property Tax from $7.75 per $100 dollars of value to $8.50 per $100 dollars of value, 50% relief. The following vote was recorded: Mr. Ingram -Yes, Mr. Barber - No, Mr. Snead - Yes, Mr. Pritchett -Yes, Mr. Davis -Yes, Mr. Ecker -Yes and Mr. Harville - No. The Finance Committee's recommendation passed by a majority vote of 5 to 2. Mr. Harville said the public hearings would be held at the Cultural Center. Mr. Ecker requested a review of the contract and the service in relation to whether or not the County of Pittsylvania can require Regional One or the citizens picked up by Regional One could require a different hospital than Danville Memorial Hospital, which is designated as the Emergency Medical Service (EMS) contact center for our region. This item was referred to the Fire and Rescue Committee and Mr. Harville directed the County's Legal Counsel, Mr. Light, and Regional One to be present at that meeting. Regular Meeting February 17, 2009 Mr. Davis submitted a substitute resolution to the one in the board packet, which he felt did not resemble what he had wanted it to say. He made the substitute resolution because every entity around Pittsylvania County had submitted such things to the State, except Pittsylvania County, concerning uranium mining. He did not believe the County should only consider that the people would be safe, but that no harm would be done to Pittsylvania County, its businesses, institutions, or environment, as opposed to a cost/benefit approach to the uranium mining issue or simply accepting minimal damages. Mr. Davis then made a motion, seconded by Mr. Ecker, to approve this substitute resolution in place of the one in the board packet. Mr. Snead, seconded by Mr. Barber, made a substitute motion to combine the two resolutions. The following vote was recorded for Mr. Snead's substitute motion: Mr. Ingram - No, Mr. Barber - No, Mr. Snead -Yes, Mr. Pritchett -Yes, Mr. Davis - No, Mr. Ecker - No and Mr. Harville -Yes. Mr. Snead's substitute motion failed by a majority vote of 4 to 3. The Board then unanimously approved Mr. Davis's substitute motion. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2009-02-OS WHEREAS, the Coal and Energy Commission's Study Group is accepting questions and comments or concerns to the group; and WHEREAS, the Pittsylvania County Board of Supervisors reiterates the position taken by the Board in 2007 that called for an independent study and safety concerns; and THEREFORE, BE IT HEREBY RESOLVED, that the State Mining Study Commission determine by its study and report that no damage or harm will be done to Pittsylvania County, its businesses, institutions, environment and its citizens by uranium mining, as opposed to a cost/benefit approach to this issue or simply accepting minimal damages; and BE IT FURTHER RESOLVED, that the Board of Supervisors directs that a copy of this resolution be presented to Coal and Energy Commission Study Group on the behalf of the Board and the Citizens of Pittsylvania County. Motion was made by Mr. Snead, seconded by Mr. Ingram, to approve to approve the annual contract with the Danville-Pittsylvania Health Department that establishes the funding the Health Department submits to the Pittsylvania-Danville District for the operation of their budget. The Board unanimously approved Mr. Snead's motion. The Fire and Rescue Association requested that the Board of Supervisors consider further amendments to the guidelines that agencies that provide both fire and ambulance transport services be able to combine their capital funding at their discretion when purchasing fire or EMS equipment and that the capital funding maybe be used for debt service on station or squad construction loans. This is a Regular Meeting February 17, 2009 modification to Section 3, Capital Funding A, Fire and Rescue Equipment Reimbursement. Mr. Ecker made a motion, seconded by Mr. Harville, to send this recommendation back to Mr. Sleeper for re-writing, so that it would include all fire departments as well as those with fire and rescue squad combinations, and send to that revision to Mr. Steve Finkner, president of the Fire & Rescue Association, for his review and input. The following vote was recorded: Mr. Ingram - No, Mr. Barber - Yes, Mr. Snead -Yes, Mr. Pritchett -Yes, Mr. Davis - No, Mr. Ecker -Yes and Mr. Harville -Yes. Mr. Ecker's motion passed by a 6-1 majority vote of the Board. Mr. Jim Davis, Director of Emergency Management for Pittsylvania County told the Board that in order for the E-911 telephone records to be current and accurate within the 21st Century communications System, the County needed for Verizon to provide weekly database updates. The purpose would allow all E-911 records to be current in case an emergency notification is required by the E-911 Center to the citizens of Pittsylvania County. Mr. Jim Davis asked the Board for their consideration in approving a contract with Verizon for a one time cost of $1,435.62 and a monthly fee of $26.20. The one time cost would be covered by funds with the Citizens Alert Systems grant and the monthly recurring fee will be paid out of the E- 911 Budget. Motion was made by Mr. Snead, seconded by Mr. Ingram, to approve the contract with Verizon in the amount of $1,435.62 as a one time fee, and the monthly recurring cost of $26.20 and authorize the County Administrator to sign the contract with Verizon. The Board unanimously passed Mr. Snead's motion. Motion was made by Mr. Barber, seconded by Mr. Ingram to approve an amendment to the Whispering Pines Water Line project with Reynolds-Clark of Gretna, Virginia, in the amount of $18,500 for surveying and design of an approximate 1400 foot extension of waterline on Inman Road to serve Foxberry Lane and northwest along Whispering Pines Road, in addition to eliminating Danmar Circle and Deerwood Tract Court from the current project. The Board unanimously approved Mr. Barber's motion. Motion was made by Mr. Snead, seconded by Mr. Barber, to appropriate and amend $25,000 grant from the 2007 Homeland Security Program Grant to the current FY08/09 budget for Pittsylvania County that was awarded to Pittsylvania County for their Citizen Corp Program (CERT). This funding would enable Pittsylvania County to teach adults and teenagers for the CERT program. To date, the County has over 260 adults and 89 teenagers that trained through the CERT program. The following roll call vote was recorded: The Board unanimously approved Mr. Snead's motion. Mr. Harville and the Board commended Mr. Jim Davis, Director of Emergency Management, on his facilitation of the County's CERT program, particularly the success of the TEEN CERT program. Motion was made by Mr. Snead, seconded by Mr. Barber, to approve an assignment of contract between Pittsylvania County Economic Development and Pittsylvania County and Office Plus Business Centre for a copy machine currently located in the Pittsylvania County Economic Development office and authorize the Regular Meeting February 17, 2009 Chairman to sign all necessary documents. Motion passed by unanimous approval of the Board. Motion was made by Mr. Barber, seconded by Mr. Snead, to approve an Assignment of Lease between Pittsylvania County Economic Development, the County of Pittsylvania and Ms. Billie W. Reynolds and authorize the Chairman to sign all necessary documents. Motion passed by unanimous approval of the Board. Motion was made by Mr. Snead, seconded by Mr. Pritchett, to approve Change Order #1 on the Witcher Road Water & Sewer System Project with Crews Construction in the amount of $7,899.30, for an additional 40 feet of casing to be added to the bore to meet VDOT standards and clear a filled area in RT 58 when originally constructed and to authorize the County Administrator to sign all necessary documents. Motion passed by unanimous approval of the Board. Motion was made by Mr. Snead, seconded by Mr. Barber, to approve Change Order #2 in the Ringgold/Tom Fork Road Water System Project with Warrco, Inc., for a net cost reduction of $8,365 since the original proposed jacking under Stanton Drive was no longer required. The Board unanimously approved Mr. Snead's motion. Mr. Sleeper explained that each year as the County goes through the process of making allocations for the number of cases before the CPMB; supplements to the Commonwealth of Virginia are required to determine whether or not we will receive necessary funds to complete the year. Currently, there is approximately $1.6 million balance of Pittsylvania County; however, there are allocations in approved cases totaling $6,963,261, which exceeds the current proposed budget by $1,701,215. This is the amount of additional funding above what we originally proposed from the Commonwealth of Virginia, which would require the County to match it by .2355%. This will require a local allocation by the end of the year of $400,636. Motion was made by Mr. Pritchett, seconded by Mr. Barber, authorize the Comprehensive Planning Management Board (CPMB) to apply to the Commonwealth of Virginia for supplement funds and upon notification of approval, this item would be brought back to the Board of Supervisors to supplement the required matching funds in accordance with State Law. The following vote was recorded: Mr. Ingram - No, Mr. Barber -Yes, Mr. Snead - Yes, Mr. Pritchett -Yes, Mr. Davis -Yes, Mr. Ecker -Yes and Mr. Harville -Yes. Mr. Pritchett's motion passed by a majority vote of 6-1 of the Board. Mr. Davis made a motion, seconded by Mr. Snead, to ask the County's Legislators and the Governor to waive local matching funds to the State Funding Formula for any potential Stimulus Package monies. The Board unanimously approved Mr. Davis's motion. Mr. Ecker made a motion, seconded by Mr. Ingram, to appropriate $1,000 from General Funds of the current budget to help fund the Motley Dixie Softball League. Mr. Snead asked if the Board was going to be willing at the next meeting to approval the several funding requests that would be coming once the Board approved this request. Mr. Regular Meeting February 17, 2009 Harville asked Mr. Ecker if he would be willing to amend his motion to include funding $1,000 to the Southside Soccer League. Then, Mr. Snead asked Mr. Ecker to amend his motion to also include $1,000 to the Dan River League. Mr. Ecker then amended his motion to appropriate $1,000 from General Funds for each of the following: the Motley Dixie Softball League, the Southside Soccer League and the Dan River League. The following vote was recorded: Mr. Ingram -Yes, Mr. Barber - No, Mr. Snead - No, Mr. Pritchett - No, Mr. Davis - No, Mr. Ecker -Yes and Mr. Harville -Yes. Mr. Ecker's motion failed by a majority vote of 4 to 3 by the Board. Mr. Barber made a motion, seconded by Mr. Snead, to send a resolution to the Virginia Department of Transportation (VDOT) for a Children at Play sign for SR 882/Sunrise Drive. Mr. Barber's motion was unanimously approved by the Board. Mr. Ingram made a motion, seconded by Mr. Pritchett, to rescind the Board's action in moving the Sandy Level Voting Precinct from the Cool Branch Rescue Squad to the Sandy Level Baptist Church, as the Church as reconsidered its willingness to be used as a voting precinct because of potential liability issues. The Board unanimously approved Mr. Ingram's motion. Motion was made by Mr. Snead, seconded by Mr. Barber, to transfer a balance of funds from the current year's Smith Mountain Lake allocation, $13,700, to the Communications Equipment under E911 in order to get started on the frequency updates for E-911. The Board unanimously approved Mr. Snead's motion. Closed Session Motion was made by Mr. Snead, seconded by Mr. Davis, to enter into Closed Session under the following statutes: Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business'or industry's interest in locating or expanding its facilities in the community. Authority: Section 2.2-3711 (A) (5) of the Code of Virginia, 1950, as amended. Discussion, consideration or interviews of prospective candidates for employment: assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body; and evaluation of performance of departments or schools of public institutions of higher education where such evaluation will necessarily involve discussion of the performance of specific individuals. Authority: Section 2.2-3711 (A) (1) of the Code of Virginia, 1950, as amended. The Board unanimously voted to enter Closes Session, which began at 9:30pm. At 10:05 the Board returned to Open Session. Regular Meeting February 17, 2009 The following certification resolution was read and approved by the following roll call vote: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the adjourned meeting of the Pittsylvania County Board of Supervisors on February 17, 2009, 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 Fred Ingram Yes Tim R. Barber Yes James Snead Yes Williams H. Pritchett Yes Henry A. "Hank" Davis, Jr. Yes Marshall Ecker Yes Coy E. Harville Yes Motion was made by Mr. Snead, seconded by Mr. Pritchett, to approve Mr. Sleeper's contract for 2009 at the same salary as the previous year's contract. Mr. Snead's motion was unanimously approved by the Board. Motion was made by Mr. Davis, seconded by Mr. Ecker, to adjourn, which was unanimously approved by the Board. The meeting adjourned at 10:10 p. m.