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06-01-2009 BOS Regular MeetingRegular Meeting June 1, 2009 Pittsylvania County Board of Supervisors Monday, June 1, 2009 Regular Meeting VII2GI1\1IA: The regular meeting of the Pittsylvania County Board of Supervisors was held on Monday, June 1, 2009 in the County Administration Conference Room of the Moses Building in Chatham, Virginia. Coy E. Harville, Chairman, called the meeting to order at 5:10 p.m. The following members were present: Fred Ingram James Snead William H. Pritchett Henry A. Davis, Jr. Marshall Ecker Coy E. Harville Callands-Gretna District Dan River District Banister District Chatham-Blairs District Staunton River District Westover District Mr. Tim Barber of the Tunstall District was absent. Mr. William D. Sleeper, County Administrator, Mr. John P. Light, Legal Counsel and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Robert Dowd, Administrator of the Danville Metropolitan Planning Organization (MPO), was present. Mr. Harville gave the invocation. The following representatives from the Virginia Department of Transportation (VDOT) were in attendance to give a presentation update on the U.S. 29 Corridor Study: Randy Hamilton, Residency Administrator for Chatham; Mike Crawford, Assistant Residency Administrator for Chatham; Charles Rasnick, VDOT Project Manager for the U.S. 29 Corridor Study; Jeff Kessler, Transportation Planner and Joseph Springer from Parsons Transportation Group. The Board of Supervisors heard from VDOT and Mr. Springer regarding the Route 29 Corridor Study. This is one of many overlapping studies currently being conducted on Route 29. This particular study focuses on Route 29 from Gainesville, Virginia all the way to the North Carolina border and covers approximately 219 miles. Workshop sessions have been held in several localities as a part of the study. As a result of those sessions VDOT has identified a number of themes for the improvement of Route 29. These include access control, congestion mitigation, corridor planning and multi-modal means of transportation. VDOT is also interested in increased stewardship or management of policies that affect Route 29. Motion was made by Mr. Davis, seconded by Mr. Ecker, to adjourn the meeting and continue the meeting at 7pm in the General District Courtroom of the Edwin R. Shields Addition in Chatham, Virginia, which the Board unanimously approved; Mr. Barber being absent. The Board adjourned at 6:15pm. The Board reconvened in the General District Courtroom of the Edwin R. Shields Courthouse Addition at 7:03pm. The following members were present: Fred Ingram Callands-Gretna District Regular Meeting June 1, 2009 Tim Barber Tunstall District James Snead Dan River District William H. Pritchett Banister District Henry A. Davis, Jr. Chatham-Blairs District Marshall Ecker Staunton River District Coy E. Harville Westover District Mr. Sleeper, County Administrator, Mr. John Light, Legal Counsel and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Ingram gave the invocation and led the Pledge of Allegiance. Motion was made by Mr. Ecker, seconded by Mr. Barber, to approve the agenda with the following additions: (a) Re-appointment of James Clark, III to the Danville/Pittsylvania County Community Services Board of Supervisors (b) Permit Request for the Gretna Bluegrass Festival (c) Closed Session -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 where such evaluation will necessarily involve discussion of the performance of specific individuals. Authority: §2.2-3711 (A)(1) of the Code of Virginia, 1950, as amended. (d) Closed Session- 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: §2.2-3711 (A)(5) of the Code of Virginia, 1950, as amended. (e) Hiring Freeze - Mr. Ecker (f) Re-appointment to Library Board- Mr. Davis (g) Appointment to Social Services Board - Mr. Ingram (h) Chinese Tires - Mr. Ingram Mr. Ecker's motion was unanimously approved by the Board. Hearing of the Citizens The first speaker was Mr. Phillip Lovelace, Callands-Gretna District, who inquired if there had been a reply back yet from the Environmental Protection Agency or the local Health Department regarding the County's letters concerning well water contamination, in particular Mr. Allan Gross's well water contamination. Mr. Lovelace asked that new letters be resubmitted to both agencies. Mr. Ecker asked that these letters be written and that a copy of these letters be given to each board member and to include the details of exploratory mining in the County near the wells in question. The second speaker was Ms. Robin Loeb of 2308 Snakepath Road in the Chatham-Blairs District. Ms. Loeb stated she lived 4.9 miles from the Blairs Volunteer Fire Department. However, her home was placed in the Chatham Fire Department District; that fire department being located 6.9 miles from her home, and that there area Regular Meeting June 1, 2009 actually 3 fire departments closer than Chatham's. Her request was the look into redistricting her area to be that of the Blairs Volunteer Fire Department or one of the closer volunteer fire departments since it was so much closer and that by doing so would also decrease her home owner's insurance considerably and more importantly, be a quicker response time should she have a fire. Mr. Davis stated that the County did not control the boundary lines for fire department districts; that were done by the Fire and Rescue Association. Mr. Harville told Ms. Loeb that her name and address, along with her request would be forwarded to the Fire and Rescue Association. Mr. Willie Fitzgerald, president of the Pittsylvania County branch of the National Association for the Advancement of Colored People (NAACP), thanked the Board for the resolution from the County in honor of the NAACP's 100tH anniversary. This concluded the Hearing of the Citizens. Consent Agenda (a) Minutes: May 4, 2009-Regular Meeting May 15, 2009 -Adjourned Meeting May 19, 2009 -Adjourned Meeting (b) Bill Listing: May 2009 (c) Resolution 2009-06-01 - Sugartree Primitive Baptist Church - 200tH Anniversary (d) Resolution 2009-06-OS-Virginia Department of Transportation (VDOT) - Children at Play Signs on School Road Motion was made by Mr. Ecker, seconded by Mr. Snead, to approve the Consent agenda with the following addition: Mr. Light asked the board to consider 2 amendments to the minutes: 1) the May 4, 2009 minutes, page 4 of the Board packet, 3rd paragraph under Hearing of the Citizens. Mr. Light asked the following sentence be inserted into this paragraph: References here made to a letter dated May 19`", 2009, from Davenport and Company which is incorporated into these minutes in its entirety. And 2) the May 4, 2009 minutes, page 7 of the Board packet, first paragraph under New Business-Mr. Light stated that Ms. Flippen has already distributed this correction to each board member and he asked the board to accept that distributed correction as the second amendment. The Board unanimously approved Mr. Ecker's motion to approve the Consent Agenda, to include Mr. Light's amendments to the May 4, 2009 minutes. DAVENPORT & COMPANY LLc Esr. 1863 • MEMBER: NYSE • SIPC Mr. Coy E. Harville 548 River Bend Road Danville, Virginia 24541 Dear Mr. Harville: One James Center got East Cary Street Suite uoo Richmond, Virginia z32t9-4o37 t 804-78o-zooo 800-846-6666 www. investdavenport. com May 13, 2009 Your Investment Executive, Barry Riddle, asked me to confirm for your records that individual accounts carried by Davenport & Company LLC ("Davenport" or the "Firm") have no relationship to other business activities that may be conducted by Davenport. Please accept t}iis letter as cur attestation that we enforce a high standard of conduct in our Firm, and we observe strict procedures that keep information about our business units' activities separate and private. The retail investment department that serves individual clients and families in brokerage transactions and investment advisory services is completely separate from other business units such as the institutional, public, and corporate finance departments. We abide by standard industry regulations and best practices that our clients' identities are protected and private, and are released to employees only on an as-needed basis. Computer systems and other sources of information are designed with security to protect the identities and private information of business partners fi-om general release. Under normal circumstances your role as an individual account holder with Mr. Riddle as your Investment Executive would be known only to those retail investment staff members associated with serving your account. Business decisions at Davenport are made on the merit of the endeavor itself. Through your role as an individual account holder with Mr. Riddle you have no relationship, beneficial or otherwise, to other business activities that may be conducted by Davenport. The fact that your employer may engage in business with our Firm does not present any conflict of interest of which we are aware. Under normal conditions, the fact that you carry an account with us would not be known by unrelated departmental staff members, and would be a matter of public knowledge only if disclosed by you. Thank you-for allowing Davenport to serve you. If you have any additional questions, or if you would like me to speak with anyone on your behalf, please do not hesitate to contact me. Very truly yours, Kathleen Holman Executive Vice President, Chief Administrative Officer (804) 780-2144 -direct /kmh cc: Barry R. Riddle John M. Koth, Head of Compliance Regular Meeting June 1, 2009 The Board presented Resolution 2009-06-01 to representatives of the Sugartree Baptist Church, honoring the church's 200`h anniversary. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2009-06-02 WHEREAS, The Sugartree Primitive Baptist Church in Brosville, Virginia, started in 1809 as a division from the Cascade Primitive Baptist Church; and WHEREAS, the Sugartree Primitive Baptist Church petitioned for a new constitution in 1846 with the original membership being 11 members of six men and 5 women; and WHEREAS, this original membership met in a log building on Peach Orchard and Sugartree Church Road for a number of years before the existing church was built in its current location; and WHEREAS, the first church was a wooden frame church built in 1900 and the present church was renovated and built in 1940 for the number of later additions, including kitchens and bathrooms; and WHEREAS, THE Sugartree Primitive Church has met consistently for the past 200 years in the Brosville community providing services and spiritual support to the citizens of Brosville; and WHEREAS, the month of May commemorates the 200`h Anniversary of the Sugartree Primitive Baptist Church from 1809 to 2009 with its current Pastor being Elder J. R. Rakes; then BE TT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors congratulates Elder J. R. Rakes, wife Estelle and all of the membership of the Sugartree Primitive Baptist Church upon its 200`h Anniversary of service to the citizens of Pittsylvania County and wishes the church well into the future for growth and prosperity; and BE IT FUTHER RESOLVED, that a copy of this Resolution be presented to Pastor Elder J. R. Rakes and representatives of the Sugartree Baptist Church. Given under my hand this 1st day of June, 2009. Public Hearings Virginia Department of Transportation (VDOT) ; 6-Year Plan Mr. Harville opened the public hearing regarding the Virginia Department of Transportation's (VDOT) Proposed Six-Year Plan, with the purpose of public comment, at 7:26pm. Mr. Randy Hamilton, Residency Administrator, and Mr. Mike Crawford, Assistant Residency Administrator, of the Chatham Office of the Virginia Department of Transportation presented the Proposed Six-Year Plan for 2010/llthrough 2014/15. Mr. Regular Meeting June 1, 2009 L.C. Carter of the Tunstall District made comments concerning a section of his road, SR 1049, and has been trying to get VDOT to try and cut a road where there are 6 driveways. Mr. Harville closed the hearing at 7:28am. Motion was made by Mr. Ecker, seconded by Mr. Davis, to approve the Six-Year Plan as presented.. Mr. Ingram stated that he could not support this six-year plan. VDOT had no monies for unpaved highways and Mr. Ingram stated he had 60 miles of qualifying unpaved roads in his district. Mr. Barber stated he could not support this plan either. Mr. Davis stated he would support it in hoping that at some point there would be money available for rustic road improvements. Mr. Ecker concurred with Mr. Davis's reason for supporting the plan. The following vote was recorded: Mr. Ingram-No, Mr. Barber - No, Mr. Snead -Yes, Mr. Pritchett- Yes, Mr. Davis -Yes, Mr. Ecker -Yes, Mr. Harville- Yes Mr. Ecker's motion passed by a majority 5 -2 vote of the Board. Motion was then made by Mr. Ecker, seconded by Mr. Snead, to pass Resolution 2009-06-03, supporting the Six-Year Plan. 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, Mr. Harville- Yes. Mr. Ecker's motion was unanimously passed by the board. Resolution 2009-06-03 At a regular meeting of the Board of Supervisors of the County of Pittsylvania held at the Edwin R. Shields Courthouse Addition on June 1, 2009 at 7:00 p.m. Present were: Members of the Pittsylvania County Board of Supervisors and Mr. W. D. Sleeper, County Administrator On motion by Marshall Ecker ,seconded by James Snead and carried: unaniaous approval of the Board WHEREAS, Sections 33.1-23 and 33.1-23.4 of the 1950 Code of Virginia, as amended, provides the opportunity for each county to work with the Virginia Department of Transportation in developing a Secondary Six-Year Road Plan, WHEREAS, this Board had previously agreed to assist in the preparation of this Plan, in accordance with the Virginia Department of Transportation policies and procedures, and participated in a public hearing on the proposed Plan (2009/10 through 2014/15) as well as the Construction Priority List (2009/10) on June 1, 2009 after duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Plan and Priority List, WHEREAS, Randy L. Hamilton, Residency Administrator, Virginia Department of Transportation, appeared before the board and recommended approval of the Six- Year Plan for Secondary Roads (2009/10 through 2014/15) and the Construction Priority List (2009/10) for Pittsylvania County, NOW, THEREFORE, BE IT RESOLVED that since said Plan appears to be in the best interests of the Secondary Road System in Pittsylvania County and of the citizens residing on the Secondary System, said Secondary Six-Year Plan (2009/10 through 2014/15) and Construction Priority List (2009/10) are hereby approved as presented at the public hearing. Boundary Line Adjustment A~-eement Between the County of Pittsylvania and the Town of Gretna The Town of Gretna and the County of Pittsylvania County held a joint public hearing on the intent of the County to make a boundary line adjustment. Mr. Sleeper stated this public hearing would make it an ordinance under 1.8(g) under the Pittsylvania County Code, incorporating this bound line adjustment agreement into the County's ordinance. This agreement provided for the area generally known as the Gretna Industrial Park that contains approximately 412.9 acres contiguous to the Town's existing Regular Meeting June 1, 2009 boundary line with the County and shall be included within the boundaries of the Town. The Boundary Line Adjustment Agreement between the Town of Gretna and Pittsylvania County constitutes not only the new boundary between the County and the Town, but will also allow the provision of improved utility, law enforcement and fire protection services, as well as other municipal services for the Gretna Industrial Park. Mr. Harville opened the County's public hearing at 7:39pm. Mr. Glenna Lingafelt, Mayor for the Town of Gretna, called the Town Council to order and opened the Town's public hearing at 7:39pm. No one signed up to speak. Mr. Harville closed the County's public hearing at 7:40pm. Mayor Lingafelt closed the Town's public hearing at 7:40pm. Motion was made by Mr. Pritchett, seconded by Mr. Pritchett, to approve Resolution 2009-06-09 as amended. 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, Mr. Harville- Yes. Mr. Pritchett's motion was unanimously approved by the Board. Motion was made by Mr. Keith Motley, seconded by Ms. Diane Jennings, for the Town of Gretna to approve Resolution 2009-06-09as amended. The following roll call vote was recorded: Mr. Bond: Yes, Mr. Wood: Yes, Ms. Jennings: Yes, Mr. Motley: Yes, Mr. Gilbert: Yes and Mr. Gibson: Yes. The Town Council of the Town of Gretna unanimously approved the resolution as amended. Mr. Ingram then made a motion, seconded by Mr. Pritchett, to transfer the balance of the Tobacco grant and of local match monies. 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, Mr. Harville- Yes. Mr. Ingram's motion was unanimously approved by the Board. Motion was made by Mr. Steve Gibson, seconded by Mr. James Gilbert, to adjourn the Town Council meeting, which was unanimously approved by Town Council. The Council adjourned at 7:44pm. PITTSYLVANIA COUNTY, VII2GINIA RESOLUTION 2009-06-09 BOUNDARY LINE ADJUSTMENT -TOWN OF GRETNA - WHEREAS, pursuant to Virginia Code Ann. § 15.2-3106, et seq., two or more localities may be agreement relocate or change the boundary line between them; and WI~REAS, the Pittsylvania County Board of Supervisors has caused agreed to the publication of a Public Notice of its Intent to approve a Boundary Line Adjustment Agreement between the County of Pittsylvania and the Town of Gretna, and this Board has on this date held a joint public hearing with the Town of Gretna at which all interested persons were accorded the opportunity to comment and express their views with respect to the proposed new boundary and the Boundary Line Adjustment Agreement; and WHEREAS, the Board of Supervisors finds that adjustment of the Town's boundary as advertised in the Danville Register and Bee is in the best interests of the Town, the County and the Commonwealth and should be effective on the date designated by the Circuit Court of Pittsylvania County; then Regular Meeting June 1, 2009 BE TT HEREBY RESOLVED, by the Pittsylvania County Board of Supervisors as follows: 1. The Board of Supervisors hereby approves the Boundary Line Adjustment as set out in Exhibit A of the Boundary Line Adjustment Agreement which was jointly advertised by the Town and the County of Pittsylvania in the Danville Register and Bee on May 23, 2009 and May 30, 2009. 2. The Board of Supervisors amends Chapter 1.8 (f) of the Pittsylvania County Code to incorporate the Boundary Line Adjustment Agreement with the Town of Gretna. 3. The Chairman of the Board is hereby authorized, for and on the behalf of the County, to execute the Boundary Line Adjustment Agreement, a copy of which is on file in the Office of the Pittsylvania County Board of Supervisors and the Office of the Clerk of the Gretna Town Council. 4. The County Attorney is hereby authorized to join with the Town Attorney in petitioning the Circuit Court for Pittsylvania County to approve the Boundary Line Adjustment Agreement pursuant to Virginia Code Ann. § 15.2-3198. The Clerk is directed to forward an attested copy of the Resolution to the Clerk of the Town of Gretna. On motion of Board Member William Pritchett, seconded by Fred Ingram to adopt. Ayes: 7 Nays: 0 2008-2009 Budget Amendments Mr. Sleeper stated this concerns the public hearing held in October 2008 and is a clarification of wording of that public hearing, revising the wording to designate the $4,190,000 from unappropriated General Funds balance to the Danville Pittsylvania Regional Industrial Facilities Authority for the use of land purchase. The appropriation was made and the funds have been returned to the General Fund of Pittsylvania County from this budget amendment. This public hearing is being held to insure that the corrected advertisement and wording have been reviewed and approved by the Board of Supervisors. Mr. Harville opened the public hearing at 7:46pm. No one signed up to speak. Mr. Harville closed the hearing at 7:47pm. Motion was made by Mr. Barber, seconded by Mr. Snead, to approve the budget amendment, make the appropriation and to ratify the actions of the County Administrator. The following roll call vote was recorded: Mr. Ingram-Yes, Mr. Barber -Yes, Mr. Snead -Yes, Mr. Pritchett- Yes, Mr. Davis - No, Mr. Ecker - No, Mr. Harville- Yes. Mr. Barber's motion passed by a 5-2 majority vote of the Board. Regular Meeting June 1, 2009 Unfinished Business At the May 19, 2009 Adjourned meeting of the Pittsylvania County Board of Supervisors, motion was made by Mr. Davis, seconded by Mr. Pritchett, to appropriate $12,500 from unappropriated surplus to the Pittsylvania County Recreation Advisory Committee (RAB) in order to make a required match to a grant request from the Regional Foundation, with use for these monies to be to develop a comprehensive recreational plan the Board of Supervisors has requested the RAB to develop. This motion requires a 10- day layover. 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, Mr. Harville- Yes. Mr. Davis's motion was unanimously approved by the Board. New Business Motion was made by Mr. Ingram, seconded by Mr. Snead, to transfer $100,000 from the balance of the RT 40 Waterline project funds to the Whispering Pines Project, Phase I. Mr. Ecker questioned why the project no longer included the entire Whispering Pines Road but now included Inman Road. Mr. Sleeper explained the original project has always included Inman Road and that it had been broken into Phases. Because the cost of the project was so high, the current presentation was Phase I. The long term goal all along was to see this waterline eventually go across and come out somewhere near the R & L Smith Road in the Blairs community. Mr. Ingram's motion was unanimously approved by the Board. Motion was made by Mr. Ingram, seconded by Mr. Pritchett, to award a bid for library janitorial services to Derrick's Cleaning Service with an annual cost of $14,300. Mr. Ingram's motion was unanimously approved by the Board. Motion was made by Mr. Davis, seconded by Mr. Snead, to award a bid to J. Harmon Saunders Construction, Inc. with a bid of $15,000 for paving the Chatham Railroad Depot Entrance. This funding comes from $23,750 appropriated from the General Assembly for the Chatham Train Depot. Mr. Snead's motion was unanimously approved by the Board. Motion was made by Mr. Davis, seconded by Mr. Ingram, to award a contract to Blair Construction Company, in the amount of $248,000 and appropriate the $248,000 from unappropriated surplus to be reimbursed from the Courthouse Maintenance Fund during the 2009-2010 year and future years until reimbursed, for the purpose of previously approved renovations to the Circuit Court of Pittsylvania County. This motion requires a 10-day layover. Added Items Motion was made by Mr. Pritchett, seconded by Mr. Barber, to re-appoint Mr. James Clark III to the Danville/Pittsylvania County Community Services Board, which was unanimously approved by the Board. Regular Meeting June 1, 2009 Motion was made by Mr. Ingram, seconded by Mr. Barber, to approve the Town of Gretna's request for a music festival permit on the contention of required signatures from the Health Department. Mr. Ingram's motion was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Mr. Davis to lift the County's hiring freeze. Mr. Ecker stated the County continued to hire people since the freeze was implemented and it was misleading to keep it in place. Mr. Harville stated that the County had only filled positions to replace people and each position was reviewed and approved by the Board before it could be advertised. Unless the Board approves it, the County Administrator cannot advertise nor hire anyone. The following vote was recorded: Mr. Ingram-No, Mr. Barber - No, Mr. Snead - No, Mr. Pritchett- No, Mr. Davis - No, Mr. Ecker -Yes, Mr. Harville- No. Mr. Ecker's motion failed by a 6-1 opposing vote of the Board. Motion was made by Mr. Davis, seconded by Mr. Barber, to re-appoint Ms. Ruth Jones of the Chatham-Blairs District to the Library Board, which was unanimously approved by the Board. Motion was made by Mr. Ingram, seconded by Mr. Davis, to appoint Mr. Earl Clifford Hodnett from the Callands-Gretna District to the Social Services Board, which was unanimously approved by the Board. Mr. Ingram stated he had been told the County was purchasing tires from China and asked the County Administrator to review tire purchases by the County, and to provide that tire purchase information at the next board meeting. Committees Mr. Ecker stated the Legislative Committee met at 4:30pm on June 1, 2009 and referred to the County Administrator for a spreadsheet to be prepared and brought to the Board with the Committee's recommendation at the June 16, 2009 adjourned meeting of the Board. Appointments Motion was made by Mr. Davis, seconded by Mr. Ecker, to re-appointment the following positions: Glenda Clark to the Institute of Advanced Learning and Research; Dean Jennings to the Danville/Pittsylvania County Community Services Board; Cathy Moorefield to the Town of Hurt Library Board; Harry Mitchell to the Transportation Safety Board; Phillip Lantrip to the Recreation Advisory Board Mr. Davis's motion was unanimously approved by the Board. Closed Session Motion was made by Mr. Davis, seconded by Mr. Snead, to enter into Closed Session under the following Authorities: Regular Meeting June 1, 2009 (a) Closed Session -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 where such evaluation will necessarily involve discussion of the performance of specific individuals. Authority: §2.2-3711 (A) (1) of the Code of Virginia, 1950, as amended. (b) Closed Session- 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: §2.2-3711 (A) (5) of the Code of Virginia, 1950, as amended. The Board unanimously approved Mr. Davis's motion to enter Closed Session. Closed Session began at 8:27pm. Motion was made by Mr. Davis, seconded by Mr. Ecker to reconvene to Open Session, which was unanimously approved by the Board. Open Session reconvened at 8:SSpm. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE TT RESOLVED that at the regular meeting of the Pittsylvania County Board of Supervisors on June 1, 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 Mr. Harville asked if any board member had an objection to his directing Mr. Sleeper to write a letter to Mr. Rob Carey, District Engineer over the VDOT district that includes Pittsylvania County, and to copy that letter to Senator Robert Hurt, Delegates Charles Poindexter, Danny Marshall and Ron Merricks, on the safety concerns for mowing the intersections. The County had a fatality that was related to this where a Regular Meeting June 1, 2009 citizen was bushhogging an intersection that had not been mowed by VDOT and his tractor overturned, killing him. Mr. Harville stated that several areas in the County had grass in the mediums near intersections that was so high it had become a safety issue. Motion was made by Mr. Barber, seconded by Mr. Snead to adjourn the meeting, which was unanimously approved by the Board. The meeting adjourned at 8:58pm.