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07-21-09 BOS Adjourned MeetingAdjourned Meeting July 21, 2009 Pittsylvania County Board of Supervisors Tuesday, July 21, 2009 Adjourned Meeting VIRGINIA: The adjourned meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, July 21, 2009 in the County Administration Conference Room of the Moses Building in Chatham, Virginia. Coy E. Harville, Chairman, called the meeting to order at 7:01 p.m. The following members were present: Fred Ingram Callands-Gretna District 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. William D. Sleeper, County Administrator, Mr. John P. Light, Legal Counsel, Mr. Odie Shelton, Director of Code Compliance, Greg Sides, Director of Planning, Ken Bowman, Director of Economic Development, Mr. Fred Wydner, Director of Agricultural Development and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Pritchett 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 changes: (A)-Table Item 5(a) -Request from Gretna Fire Department (B)- Move the following items from the Agenda to the Consent Agenda 1. Item 19-Change Orders 1 &2 to the Courthouse Renovations 2. Item 22- Digital Recorders for Circuit and General District Courtrooms 3. Item 24-Courthouse Maintenance Fee 4. Item 26 -Tobacco Grant Special Funds and Resolution 2009-07-06 5. Item 32 -Library Transfer 6. Item 33 -Carryover Encumbrances 7. Item 34 -Health Insurance Increase (C)-Removal of Item 29- Cafeteria Receipts Fund (D)-Addition of Item 5 (c) -Use of Wayside Park, and to be moved to Consent Agenda Mr. Ecker's motion with the agenda amendments was unanimously approved by the Board. Hearing of the Citizens Mr. Allen Gross of the Banister District address Mr. Ingram and said a disabled veteran friend of Mr. Gross's had turned in paperwork to Mr. Ingram wand would like a reply. Mr. Ingram stated he had received the paperwork but was not ready to answer as of yet. Mr. Gross then asked the Board to consider freezing tax rates for disabled veterans and the elderly of Pittsylvania County. Adjourned Meeting July 21, 2009 Mr. George Stanhope of the Callands-Gretna District made comments Canadian holdings in Virginia Uranium, Inc. and that a Canadian company .would be running Virginia Uranium, Inc. Mr. Phillip Lovelace of the Callands-Gretna District made comments reminding the Board that the water contamination issue has not been worked out yet. Ms. Eloise Nemon of the Chatham-Blairs District stated she attended the Rural Tour on July 18, 2009 and discussed with U.S. Secretary of Energy Dr. Steven Chu her interest in using solar panels and solar paint locally to help in creating a more green energy source here and since then, more people have been asking her about it. This concluded the Hearing of the Citizens. Consent Agenda (a) Resolution 2009-07-04-Laurel Grove Volunteer Fire Department Tax Exempt Status (b) Resolution 2009-07-OS-Keeling Volunteer Fire Department Tax Exempt Status (c) Rural Additions -Worley Lane and Carter Drive (d) Regional One July & August Appropriations (e) Budget Amendments 1. Library -Fax Money 2. Project Lifesaver 3. National Night Out 4. Local Emergency Planning Commission (LEPC) 5. Workforce Investment Act -Youth Events 6. Soil & Water Conservation 7. Expenditure Refunds 8. Grants Appropriations (f) County Administrator's Contract Corrections (g) Music Festival Permit -Tomahawk Mills Winery (h) Plus the previously mentioned additions to the Consent Agenda with Mr. Ecker's motion to approve the Agenda. Motion was made by Mr. Barber, seconded by Mr. Ingram, to approve the Consent agenda which was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2009-07-04 WHEREAS, the Pittsylvania County Board of Supervisors, under the United States Internal Revenue Code, receives $10 million allocations for tax-exempt bonds each year; and WHEREAS, the tax-exempt bonds cover agencies and commissions under the Board of Supervisors; and Adjourned Meeting July 21, 2009 WHEREAS, the Laurel Grove Volunteer Fire Department is an authorized Volunteer Fire Department identified in Section 31-2.1 of the Pittsylvania County Code, 1976, as amended, authorizing them to participate in financing on tax-exempt status for equipment utilized by the Volunteer Fire Department for public purposes; and WHEREAS, the Laurel Grove Volunteer Fire Department has held a public hearing on the financing after publishing the required notice in the paper by the code on July 8, 2009; then BE IT RESOLVED, that the Pittsylvania County Board of Supervisors hereby approves the Laurel Grove Volunteer Fire Department entering into a financial agreement as required under the United States Internal Code for financing to be carried out on a tax- exempt basis in the amount not to exceed $213,947 for a M&W Tanker (the equipment); and BE IT FURTHER RESOLVED, that a copy of this Resolution be forwarded to the Laurel Grove Volunteer Fire Department in order to supplement their financing requirements. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2009-07-OS WHEREAS, the Pittsylvania County Board of Supervisors, under the United States Internal Revenue Code, receives $10 million allocations for tax-exempt bonds each year; and WHEREAS, the tax-exempt bonds cover agencies and commissions under the Board of Supervisors; and WHEREAS, the Keeling Volunteer Fire Department, Inc. is an authorized Volunteer Fire Department identified in Section 31-2.1 of the Pittsylvania County Code, 1976, as amended, authorizing them to participate in financing on tax-exempt status for equipment utilized by the Volunteer Fire Department for public purposes; and WHEREAS, the Keeling Volunteer Fire Department has published the required notice in the paper and, by code, will hold a public hearing on July 31, 2009; then BE IT RESOLVED, that pending the public hearing to be held on July 31, 2009, the Pittsylvania County Board of Supervisors hereby approves the Keeling Volunteer Fire Department, Inc. entering into a financial agreement as required under the United States Internal Code for financing to be carried out on atax-exempt basis in the amount not to exceed $94,600 for the purchase of one 2009 Fouts Brothers Mini Pumper mounted on a2009 Ford F-550 chassis; then BE IT FURTHER RESOLVED, that a copy of this Resolution be forwarded to the Keeling Volunteer Fire Department in order to supplement their financing requirements. Adjourned Meeting July 21, 2009 RESOLUTION AUTHORIZING THE SUBMISSION OF A TOBACCO COMMISSION RESERVE FUND GRANT APPLICATION FOR PITTSYLVANIA COUNTY, VIRGINIA ON BEHALF OF DAIRY ENERGY, INC. 2009-07-06 WHEREAS, Pittsylvania County has been impacted by the decline of the tobacco industry causing a negative impact on economic development and growth throughout the County, and WHEREAS, the Tobacco Indemnification and Community Revitalization Commission has developed an economic development program to help tobacco related localities to change and revitalize their economy, and WHEREAS, grants from the Tobacco Indemnification and Community Revitalization Commission will assist Pittsylvania County in transforming its economy to replace the decline in the tobacco agro-business community, then BE IT HEREBY RESOLVED, that the Board of Supervisors of Pittsylvania County authorizes the submission of a grant application on their behalf for Dairy Energy, Inc., afor-profit enterprise, to match potential USDA REAP grant funds for the engineering, construction, and equipment purchase for the Commonwealth of Virginia's first anaerobic digester to be located on the Van Der Hyde Dairy and authorizes the County Administrator to file this application and all necessary correspondence relating to the Tobacco Indemnification and Community Revitalization Commission required by this grant and to be responsible for the accuracy of the application and for the appropriate use of funds, should they be granted. Public Hearings Rezoning Cases Case 1: Harry R. & Shirley R. Ferguson -Westover District - R-09-026. The hearing for this case opened at 7:29pm. Mr. Shelton stated that Harry and Shirley Ferguson have petitioned to rezone a total of 4.45 acres, six parcels, located on the corner of State Road 863/Berry Hill Road and State Road F645/Target Drive, in the Westover Election District from R-1, Residential Suburban Subdivision District to M-l, Industrial District, Light Industry (for construction of a shopping center). The Planning Commission, with no opposition, recommended granting the petitioners' request. Harry Ferguson was there to represent the petition. No one signed up to speak. Mr. Harville closed the public hearing at 7:30pm. Motion was made by Mr. Pritchett, seconded by Mr. Snead, to approve the applicants' request to rezone the property from R-1, Residential Suburban Subdivision District to M-1, Industrial District, Light Industry. Mr. Davis commented that rezoning this property was favorable because it was bookend on each side of the road with business zoned properties. The following roll call vote was recorded: Mr. Ingram -Yes; Mr. Barber -Yes; Mr. Snead- Yes; Mr. Pritchett- Yes; Mr. Ecker -Yes; Mr. Davis- Yes; and Mr. Harville- Yes. The Board unanimously approved Mr. Pritchett's motion. Mr. Harville stated that Case R-09-026 had been rezoned to M-1. Adjourned Meeting July 21, 2009 Case 2: Posey L. McBride, Jr. and Ruby C. McBride -Chatham-Blairs District-R- 09-027. The public hearing for this case opened at 7:31 pm. Mr. Shelton stated that Ruby McBride has petitioned to rezone approximately .55 of an acre total, more or less, two parcels, located on Highway 41/Franklin Turnpike, in the Chatham-Blairs Election District from R-1, Residential Suburban Subdivision District to B-2, Business District, General (to sell for future business development). The Planning Commission, with no opposition, recommended granting the petitioners' request. Beverly Nanney was there to represent the petition. No one signed up to speak. Mr. Harville closed the public hearing at 7:32pm. Motion was made by Mr. Davis, seconded by Mr. Ecker, to approve granting the petitioner's request to rezone the property from R-1, Residential Suburban Subdivision District to B-2, Business District, General an the entire neighborhood in that area was quickly becoming business and rezoning would be compatible with the area. The following roll call vote was recorded: Mr. Ingram -Yes; Mr. Barber -Yes; Mr. Snead- Yes; Mr. Pritchett- Yes; Mr. Ecker -Yes; Mr. Davis- Yes; and Mr. Harville- Yes. The Board unanimously approved Mr. Davis's motion. Mr. Harville stated that Case R- 09-027 had been rezoned to B-2. This concluded the rezoning cases. United States Department of Agriculture (USDA) Grant -Proposed Vehicles for Sheriff s Fleet: The public hearing opened at 7:34pm. Mr. Sleeper explained the USDA authorized the Pittsylvania County Sheriff to file for grant funding for vehicles for the Pittsylvania County Sheriff's fleet. That grant has been completed and submitted. A requirement of that grant is to hold a public hearing to receive citizen input on the proposed expenditures of the Pittsylvania County Sheriff's office for vehicles. No one signed up to speak. Mr. Harville closed the public hearing at 7:34pm. Motion was made by Mr. Davis, seconded by Mr. Snead, to execute Resolution 2009-07-02, submit it to the USDA and authorize the County Administrator to sign all necessary documentation for the USDA Grant for the Sheriff's office. The following roll call vote was recorded: Mr. Ingram -Yes; Mr. Barber -Yes; Mr. Snead- Yes; Mr. Pritchett- Yes; Mr. Ecker -Yes; Mr. Davis- Yes; and Mr. Harville- Yes. The Board unanimously approved Mr. Davis's motion. Budget Amendment- School Bond Fund: This public hearing opened at 7:36pm. Mr. Sleeper explained the School Bond Fund was in the red by $10,348.86 on 6/30/2009. Expenditures for contracting costs on the four high school renovations has come in prior to appropriation of bond funds to the cost lines and the board need an appropriation of bond funds to cover the budget deficit. This budget amendment was properly advertised for Public Hearing in the Star Tribune on Wednesday, July 8, 2009. No one signed up to speak. Mr. Harville closed the hearing a 7:36pm. Motion was made by Mr. Snead, seconded by Mr. Pritchett, to approve and appropriate $10,248,312.86 to the School Bond Fund from existing bond proceeds according to budget documents submitted by the Finance Department. Unfinished Business At the July 6, 2009 meeting, motion was made by Mr. Pritchett, seconded by Mr. Barber to appropriate $23,387.43 from the Sheriff's department carryover funds to have sufficient funds for developing a wellness program. The motion on July 6, 2009 required a 10-day layover. After review, the final carryover amount needed is$.65 less than the Adjourned Meeting July 21, 2009 original motion, and Mr. Barber's motion was amended to reflect a final carryover of $23,386.78. The following roll call vote was recorded: Mr. Ingram -Yes; Mr. Barber - Yes; Mr. Snead- Yes; Mr. Pritchett- Yes; Mr. Ecker -Yes; Mr. Davis- Yes; and Mr. Harville- Yes. Mr. Barber's amended motion was unanimously approved by the Board. At the July 6, 2009 meeting, motion was made by Mr. Pritchett, seconded by Mr. Snead, to appropriate $245,789.45 from the Sheriffs balance of carryover funds to support retrofitting and maintenance of the County's new jail annex, Camp 15, which required a 10-day layover. Due to the end-year adjustments made in the balance of carryover funds, Mr. Pritchett's motion was amended to reflect a new appropriation amount of $222,857.33, a difference of $22,932.12 less than the original motion. The following roll call vote was recorded: Mr. Ingram -Yes; Mr. Barber -Yes; Mr. Snead- Yes; Mr. Pritchett- Yes; Mr. Ecker -Yes; Mr. Davis- Yes; and Mr. Harville- Yes. Mr. Pritchett's amended motion was unanimously approved. At the July 6, 2009 meeting, motion was made by Mr. Ingram, seconded by Mr. Barber, to approve a transfer from the Sheriff s budget to the Jail budget in the amount of $13,588.57, which required a 10-day layover. Upon review of the Jail's budget, a total of $12,622.87 was needed for the Jail budget deficient, a difference of $956.70 less than Mr. Ingram's original budget. Mr. Ingram amended his original motion from an appropriation of $13,588.57 to $12,622.87. The following roll call vote was recorded: Mr. Ingram -Yes; Mr. Barber -Yes; Mr. Snead- Yes; Mr. Pritchett- Yes; Mr. Ecker - Yes; Mr. Davis- Yes; and Mr. Harville- Yes. Mr. Ingram's motion was unanimously approved. At the July 6, 2009 meeting, motion was made by Mr. Barber, seconded by Mr. Pritchett to appropriate an addition $6,916.64 to the Electoral Board's Budget from unappropriated surplus for a deficit due to the democratic primary held in June 2009. This motion required a 10-day layover. The following roll call vote was recorded: Mr. Ingram -Yes; Mr. Barber -Yes; Mr. Snead- Yes; Mr. Pritchett- Yes; Mr. Ecker -Yes; Mr. Davis- Yes; and Mr. Harville- Yes. Mr. Barber's motion was unanimously approved by the Board. New Business Mr. Donald Hurt, current President of the Virginia Association of Counties (VACo) made a brief presentation to the Board concerning his goals as president of VACo. One was that he personally visit each county in the Commonwealth and let them personally know how important he felt each and every county was to the State and to VACo. Mr. Hart assured the Board that Pittsylvania County would have the support of VACo in endeavors with the General Assembly and any other occasion Pittsylvania County would need the support of VACo. He also encouraged the Board to talk to their local State representatives to stop unfounded mandates, to stay abreast of VACo benefits and NACO benefits, participate in the Legislative Committees because if a County is not at the table, the County doesn't have a voice to be heard, to participate in the Rural Caucus, and if the County has any suggestions, concerns or criticisms to contact VACo. He thanked the Board for their time and again gave his personal support to Pittsylvania County as President of VACo. Adjourned Meeting July 21, 2009 Motion was made by Mr. Davis, seconded by Mr. Snead, to waive landfill tipping fees for at least 10 loads of trash and debris being removed by Mr. Floyd Simpson, Jr. from the right-of--ways of the old RT 41, the road of which now runs through Mr. Simpson's property. This cleanup is of illegal dump sites that occurred when this section of RT 41 was still in use as a highway. Not knowing the actual weight of the debris, the normal large truck is a 20-ton dump truck; with l O loads at 20 tons per load would be 200 tons and at $41 per ton, the waived fee would be estimated at $8,200 value at this time. The actual weight may differ. Mr. Simpson is incurring the financial responsibility of this clean up project. Mr. Davis pointed out that this request differs from most in that Mr. Simpson is taking on the responsibility himself of cleaning up the debris and the cost of taking it to the landfill and why he supported waiving the fee. Mr. Ingram thanked and commended Mr. Simpson for his clean up effort. The Board unanimously approved Mr. Davis' motion for Mr. Simpson's request of a waiver of tipping fees at the landfill on this cleanup project. Motion was made by Mr. Ecker, seconded by Mr. Ingram, to set a public hearing at the Board's adjourned meeting on Tuesday, August 18, 2009 at 7:OOpm for citizen input on the proposed amendment to the Pittsylvania County Code 6-6.3 for approval of tax exemption in the amount of $505 for two vehicles owned by atax-exempt charity known as Sky Cross, Inc, located on Harbor Drive in Hurt, Virginia. Mr. Ecker's motion was unanimously approved. Motion was made by Mr. Snead, seconded by Mr. Pritchett, to hold a public hearing on Monday, August 3, 2009 at 7:OOpm for citizen input on No Through Trucks on Ringgold Road. Mr. Snead's motion was unanimously approved. Motion was made by Mr. Barber, seconded by Mr. Snead, to approve as the lowest responsive bid, a quote from Chatham Communications in the amount of $4,845 for cameras in the General District Courtroom, which was unanimously approved by the Board.. Motion was made by Mr. Snead, seconded by Mr. Pritchett, to accept a grant from the U.S. Department of Homeland Security (DHS)in the amount of $102,200 for TOUGHBOOK COMPUTERS for use in the completing Pre-Hospital Patient Care Reporting (PPCR),a statewide, web-based data collection and reporting tool to be issued to the Pittsylvania County based EMS agencies and to appropriate this grant and amend the 2009/2010 budget in this amount. No local funds are being used. This funding will be used to purchase twenty-eight (28) units of the Panasonic ToughBook 19. Mr. Ecker asked if that included Altavista EMS. Mr. Sleeper stated he could not say yes or not since he didn't know if Altavista EMS has applied to receive one. Mr. Ecker made a substitute motion, seconded by Mr. Davis, to make accept the grant, make the appropriation and budget adjustment and to add Altavista EMS to the list of recipients for Toughbooks if they were not already on the list. The following roll call vote was recorded for Mr. Ecker's substitute motion.: Mr. Ingram -Yes; Mr. Barber -Yes; Mr. Snead- Yes; Mr. Pritchett- Yes; Mr. Ecker -Yes; Mr. Davis- Yes; and Mr. Harville- Yes. Mr. Ecker's substitute motion was unanimously approved by the Board. Adjourned Meeting July 21, 2009 Motion was made by Mr. Barber, seconded by Mr. Snead, to receive a federal funded grant from the U.S. Department of Justice Recovery Act Edward Byrne Memorail Justice Assistance Grant (JAG) funding in the amount of $45,407, appropriate, and amend the FY 2009-2010 budget to include the grant. No local funds are involved. The following roll call vote was recorded: Mr. Ingram -Yes; Mr. Barber -Yes; Mr. Snead- Yes; Mr. Pritchett- Yes; Mr. Ecker -Yes; Mr. Davis- Yes; and Mr. Harville- Yes. Mr. Barber's motion was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Mr. Snead, to approve and appropriate $23,750 received from the Department of Historic Resourced awarded to aid with the Chatham Train Depot Restoration Project. This grant does not require a cash local match. In FY2008-2009, a total of $8,750 was spent of these funds, which needs to be appropriated to the 2009 budget. The remainder, $15,000, needs to be appropriated to the 2010 budget. The following roll call vote was recorded: Mr. Ingram -Yes; Mr. Barber -Yes; Mr. Snead- Yes; Mr. Pritchett- Yes; Mr. Ecker -Yes; Mr. Davis- Yes; and Mr. Harville- Yes. Mr. Ecker's motion was unanimously approved by the Board. Motion was made by Mr. Pritchett, seconded by Mr. Barber, to appropriate $111,122.36 to Fund 420 for expenditures incurred to construct the solarium at the Human Services Building. These are not General Funds monies, thus a 10-day layover is not required. The following roll call vote was recorded: Mr. Ingram -Yes; Mr. Barber - Yes; Mr. Snead- Yes; Mr. Pritchett- Yes; Mr. Ecker -Yes; Mr. Davis- Yes; and Mr. Harville- Yes. Mr. Pritchett's motion was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Barber, to appropriate $244,927.24 of State Restricted Seizure Funds-Sheriff. This motion was not require a 10- day layover because these funds are not from the General Fund. The following roll call vote was recorded: Mr. Ingram -Yes; Mr. Barber -Yes; Mr. Snead- Yes; Mr. Pritchett- Yes; Mr. Ecker -Yes; Mr. Davis- Yes; and Mr. Harville- Yes. Mr. Snead's motion was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Mr.Davis, to approve an additional appropriation to the Jail for $6,000 for the ADT Security Contract and to Building & Grounds for $7,200 for the Southern Air Contract. These amounts will need to be taken from unappropriated surplus and the motion requires a 10-day layover. Motion was made by Mr. Ingram, seconded by Mr. Davis, in accordance with §4.1-123 of the Code of Virginia, 1950, as amended, to place a question on the ballot in the November for referendum for wine and beer sales on Sunday in the Callands-Gretna District of Pittsylvania County, Virginia. The question shall be "Shall the sale of wine and beer between the hours of twelve o'clock p.m. on each Saturday and six o'clock a.m. on each Monday be permitted in the Callands-Gretna Election District of Pittsylvania County". The following roll call vote was recorded: Mr. Ingram-Yes; Mr. Barber-No; Mr. Snead-No; Mr. Pritchett-Yes; Mr. Ecker-Yes; Mr. Davis-Yes; Mr. Harville-No. Mr. Ingram's motion passed by a 4-3 majority vote of the Board. Adjourned Meeting July 21, 2009 Motion and second to motion came from Legislative Committee to hold public hearings at the adjourned meeting on Tuesday, August 18, 2009 at 7:OOpm for citizen input on the following items: (1) Amendment to Pittsylvania County Code Section 2.6 for the sale of 3-year dog tags. (2) Amendment to Pittsylvania County Code 6.6-4 to require a permit to move mobile homes pending the payment of delinquent taxes (3) Amendment to Pittsylvania County Code 6.1(b) to allow the Treasurer's Office to charge a $30 Administrative Fee on each parcel of land that is turned over to Legal Counsel for collection or sale of property. The Board unanimously approved the Legislative Committee's motion to hold a public hearing for each item listed in the motion on Tuesday, August 18, 2009 at the Board's adjourned meeting. No action was taken on Item 37, School Board Wish List, at this time. Item 38, RT 40 Waterline; Booster Station, was asked to be tabled by Mr. Ingram. Appointments Motion was made by Mr. Barber, seconded by Mr. Pritchett, to re-appoint Mr. James H. McLaughlin to the Alcohol Safety Action Program (ASAP), which was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Mr. Snead, to appoint Mr. Wayne Wheeler as the Staunton River District Representative on Road Viewers, which was unanimously approved by the Board. Report from Board Members Mr. Snead reminded the Board of Mr. Harville's "State of the County" presentation on Tuesday, July 28, 2009 at the monthly Chamber breakfast and to contact Ms. Flippen if any Board member wished to attend. Mr. Ingram thanked the Board for support on his motion to place wine and beer sales for the Callands-Gretna District on November's ballot. Mr. Harville asked Fred Wydner, Director of Agriculture to stand and commended Mr. Wydner on all his hard work in working with the U.S. governmental staff and local staff in the scheduling of the Rural Tour event with U.S. Secretary of Agriculture Tom Vilsack and U.S. Secretary of Energy Dr. Steven Chu, that was held at Buddy Mayhew's farm on Saturday, July 18, 2009 and attended by over 300 persons. Report from County Administrator Mr. Sleeper stated the Metropolitan Planning Organization would be holding a public hearing on July 22, 2009 at 7pm to receive citizen input on the long-range transportation plan. Adjourned Meeting July 21, 2009 The Tobacco Commission would be meeting this week at VIR. Closed Session Motion was made by Mr. Snead, seconded by Mr. Barber, to enter into Closed Session under the following Authorities: (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. Snead's motion to enter Closed Session. Closed Session began at 8:1 Opm. Motion was made by Mr. Ecker, seconded by Mr. Davis to reconvene to Open Session, which was unanimously approved by the Board. Open Session reconvened at 8:23pm., Mr. Ecker being absent PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the adjourned meeting of the Pittsylvania County Board of Supervisors on July 21, 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 Adjourned Meeting July 21, 2009 Marshall Ecker Yes Coy E. Harville Yes Motion was made by Mr. Snead, seconded by Mr. Barber, to approve Management Directive and Reorganization #2009-07-01, which was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Mr. Snead, to transfer $15,000 from non-departmental funds to cover changes in approved Management Directive and Reorganization #2009-07-01, which was unanimously approved by the Board. For record in minutes, the follow item was not discussed in Closed Session under §2.2-3711 (A)(5) of the Code of Virginia, 1950, as amended, due to public announcement. Motion was made by Mr. Snead, seconded by Mr. Barber, to approve support Resolution 2009-07-08-Power Electric Generation Facility for support in the location of American Municipal Power (AMP) in the County and City Mega Park, pending amendments made in the resolution concerning the mega park's name, which has yet to be determined. Mr. Snead's motion was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD RESOLUTION 2009-07-07 OF SUPERVISORS RESOLUTION OF SUPPORT FOR THE SITING OF AMERICAN MUNICIPAL POWER'S NATURAL GAS-FIRED COMBINED CYCLE ELECTRIC POWER GENERATION FACILITY IN THE COUNTY-CITY MEGA PARK WHEREAS, American Municipal Power (AMP) serves 128 municipal electric power agencies in six states that includes Virginia, and of which, the Cities of Danville, Martinsville, and Bedford and the Towns of Front Royal and Richlands are among its members; and WHEREAS, AMP is evaluating sites for a new natural gas-fired 270-550 megawatt combined cycle electric generation facility to meet intermediate and peaking power needs of its members; and WHEREAS, a site on Berry Hill Road in the County-City Mega Park is an ideal location for AMP's new combined cycle facility and its presence there would benefit Danville Utilities and its customers located in Danville and Pittsylvania, Henry and Halifax Counties; and WHEREAS, the Danville-Pittsylvania Regional Industrial Facilities Authority supports siting of the AMP facility in the County-City Mega Park; then BE IT HEREBY RESOLVED, by the Board of Supervisors of Pittsylvania County, Virginia, that the County enthusiastically supports construction and operation of the AMP combined cycle power plant in the County-City Mega Park and commits that Pittsylvania County and the City of Danville will provide the necessary gas, water, and wastewater services necessary to accommodate the project. Adjourned Meeting July 21, 2009 Motion was made by Mr. Snead, seconded by Mr. Ingram to adjourn the meeting, which was unanimously approved by the Board. The meeting adjourned at 8:36pm.