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04-19-2011 BOS Adjourned MeetingAdjourned Meeting April 19, 201 I Pittsylvania County Board of Supervisors Tuesday, April 19, 2011 Adjourned Meeting VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, April l9, 2011 in the General District Courtroom of the Edwin R. Shields Addition in Chatham, Virginia. Tim R. Barber, Chairman, called the meeting to order at 7:06 p.m. The following members were present: Tim R. Barber 3ames H. Snead William H. Pritchett Coy E. Harville Fred M. Ingram Marshall A. Ecker Henry A. "Hank" Davis, Jr Tunstall District Dan River District Banister District Westover District Callands-Gretna District Staunton River District Chatham-Blairs District Mr. William D. Sleeper, County Administrator, Mr. J. Vaden Hunt, County Attorney, Mr. Greg Sides, Assistant County Administrator for Planning and Development, Mr. Odie H. Shelton, Jr., Director of Code Compliance, Mr. Ken Bowman, Director of Economic Development and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr.Ecker gave the invocation and led the Pledge of Allegiance. Motion was made by Mr. Snead, seconded by Mr. Pritchett, to approve the agenda with the following additions: (a) Proclamation for Law Day (b) Closed Meeting -Discussion concerning a prospective business or industry or the expansion of an existing business or industry, where no previous announcement had been made of the business' or industry's interesting in locating or expanding its facilities in the community. Authority: §2.2-3711(A}(5) of the Code of Virginia, 1950, as amended Subject Matter: Industry 12010-03-03 Purpose: Discussion of Performance Agreement (c) Out of State Travel -Jim Davis (d) Request for Proposals - Olde Dominion Agricultural Complex Economic Impact Study and the following deletion: Item 10-Recommendations from the Finance Committee. Mr. Snead's motion was unanimously approved by the Board. Hearing of the Citizens Ms. Mary Catherine Plaster addressed the Board with comments on the recent renovations on the block in front of the County buildings on Main Street Chatham, particularly in front of the Moses Building. Ms. Plaster was concerned with the slope of the public sidewalk, wishing it sloped less, that unobtrusive receptacles be replaced at the edge of the sidewalks in front of the Courthouse and the Moses Building in order that the Town be able to position flags for different occasions and for the lanterns at Christmas, and that permanent planters of a more traditionally historic design that contain plant material be installed. Adjourned Meeting April 19, 201 I Mr. George Stanhope, of the Callands-Gretna District, asked the Board if there was a way citizens could find out the basic costs of all the waterlines that had been built and the percentage of citizens signing up (taking the waterline into the residency). This concluded the Hearing of the Citizens. Consent Agenda (a) Tobacco Indemnitication and Community Revitalization Grant Appropriations- Required aRoll Call Vote (b) Jail Inmate Management - Required a Roll Call Vote (c) Restricted State Seizure Funds - Required a Roll Call Vote Mr. Ecker made a motion, seconded by Mr. Ingram, to approve the Consent Agenda. The following Roll Call Vote was recorded: Mr. Davis-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. [ngram- Yes; Mr. Harville-Yes; Mr. Ecker-Yes; and Mr. Barber-Yes. Mr. Ecker's motion was unanimously approved by the Board. Public Hearings Rezoning Cases Case 1: Jimmie L. New & Patricia A. New -Dan River District: R-11-010 Mr. Barber opened the public hearing at 7:14pm. Mr. Shelton explained that Jimmie and Patricia New had petitioned to rezone 20.00 acres, located on SR 62/Milton Ilighway, in the Dan River Election District from R-l, Residential Suburban Subdivision District to A-1, Agricultural District (for agricultural use-a horse barn). The Planning Commission, with no opposition, recommended granting the petitioner's request with proffer. Adjourned Meeting April 19, 201 I STATE OF VIRGINIA COUNTY OF PI`I-I'SYLVANIA BEFORE THE PITTSYLVANIA C:OLJN'I'Y BOARD OF SUPERVISORS RE: CASE 1, R-11-O10 -Jimmie L. New 8c Patricia A. New Retione tf~e f~rvpery. fiam R-1, Residential Suburfiu» SWbdirision District to A-1, ~! grit si/!ura/ District, for agricwllxra! are (a horse barn). located on .Store Rood G2/Nti/ton 1-figbu~ay, namely Tca.~- 11.1u1i Nismber 23GG-71-3G 18/ 182-i1-37D, containing 2D_00 acres. PROFFER OF CONDITIONS: We, fimmie L. New 8c Patricia A. New, hereby voluntarily proffer to the Pittsylvania County Boazd of Supervisors the Following condition For the above-referenced property: 1. AL! deeds shat! have a res[riction prohibiting placement ofsmgle-wide mobile homes on the above-Kfrrenced property. RespectfLilly submitted: ~~ _-- ~ 2i~I/ Jimmies L. Ne D rr Swo t and subs beck b fore m y presence this r ay of A Stir rt,~Public. In d for 'ic otar~y Pules `c y rnnnv ion expires / ~() a wvNr w. ~EUGH Maoty ~ubNc Corte o/ vlrplrYo » sasai trr eot.ttn~eatot, Exw..• nuQ s~.:otz Mr. New was there to represent the petition. No one signed up to speak and Mr. Barber closed the public hearing at 7:16pm. Motion was made by Mr. Snead, seconded by Mr. Harville, to approve rezoning Case R-11-010 tiom R-1 to A-l. The following Roll Call Vote was recorded: Mr. Pritchett- Yes; Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Davis-Yes; Mr. Snead-Yes; and Mr. Barber -Yes. Mr. Snead's motion was unanimously approved by the Board. Case 2: Withdrawn - R-11-011 Case 3: Mark R. Pickrel -Dan River District: R-11-012 Mr. Barber opened the public hearing at 7:17pm. Mr. Shelton explained that Mr. Pickrel had petitioned to rezone 2.09 acres, located on SR 662/Dodson Road in the Dan River Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (for meat processing -not a slaughter house). The Planning Commission, with no opposition, recommended granting the petitioner's request. Mr. Shelton also stated that should the Board approve Mr. Pickrel's request, it would then have to go before the Board of Zoning Appeals to petition for a Special Use Permit. No one had signed up to speak and Mr. Pickrel was present to represent the petition. Mr. Barber closed the public hearing at 7:18pm. Motion as made by Mr. Snead, seconded by Mr. Davis, to approve rezoning Case R-11-012 from R-1 to A-l. The following Roll Call Vote was recorded: Mr. Ingram-Yes; Mr. I-Iarville-Yes; Mr. Adjourned Meeting April 19, 201 I Ecker-Yes; Mr. Davis-Yes; Mr. Snead-Yes; Mr. motion was unanimously approved by the Board. This concluded the Public Hearing Rezoning Cases. Pritchett-Yes; and Mr. Barber-Yes. Mr. Snead's Unfinished Business At the April 4, 201 1 meeting of the Board of Supervisors, a motion was made by Mr. Davis, seconded by Mr. Pritchett, to appropriate $5,833.33 for the May 2011 payment to Regional One. This motion required a 10-day layover that had been met and now required a Roll Call Vote: Mr. Harville- Yes; Mr. Ecker-No; Mr. Davis-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; and Mr. Barber-Yes. Mr. Davis' motion of Apri14, 2011 passed by a majority vote of 6-l . At the April 4, 2011 meeting of the Board of Supervisors, a motion was made by Mr. Ecker, seconded by Mr. Ingram, to approve the following reappropriations: $150.00 to Sherift=Advertising (100-4-031200-3600), $2,012.05 to Sheriff-Parts (100-4-031200-6030), $1,021.00 to Sherift=[,abor (100-4-031200-6031), $295.12 to Extradition (100-4-033100-5550), $2,500.00 to SW Collections- Repairs (100-4-042300-3310), $4,954.00 S W Disposal-Packer Body Repairs (100-4-042300-6041), $2,360.00 to B&G-Historical Location Maint. (100-4-043100-60071), $28,940.56 to W IA-Rent (25 l -4- 353160-5420), $675.69 to Jail Inmate Management-Medical (311-4-033400-6004). This motion required a 10-day layover that had been met and now required a Roll Call Vote. Mr. l;cker-Yes; Mr. Davis-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. I-Iarville-Yes; and Mr. Barber-Yes. Mr. Ecker's motion of April 4, 2011 was unanimously approved by the Board. New Business Mr. Robert Gilbert, Chairman of the Re-Districting Committee, made a presentation summarizing how the committee came to their recommendation on how to go about redistricting the electoral districts while meeting the criteria mandated by the Department of Justice and retaining a minority district in the County. By a unanimous vote of its 15 member committee, it was recommended to the Board of Supervisors they advertise "Plan B" and hold a public hearing on May 17, 2011 for citizen input. It meets the criteria of the necessary minority representation and it meets the necessary criteria of the deviation from the required population of each of the seven (7) districts. Ms. Jennylee Sanders, Registrar for Pittsylvania County also spoke with recommendations trom the F,lectoral Board on proposed precinct changes as follows: the Mt. Hermon Precinct from Woodman of the World building to Mi. I Iermon Courtyard auditorium, the East Gretna Precinct from Gretna Elementary School to Gretna Fire Department and the Riceville Precinct from 640 Rescue Squad Bldg. to Riceville-Java Fire Department. A motion was then made by Mr. Harville, seconded by Mr. Ecker, to add the Electoral Board's recommendations to the agenda, which was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Mr. Davis, to hold a public hearing for citizen input advertising Plan B as recommended by the Redistricting Committee and to include for advertisement the proposed precinct changes for citizen input at the same public hearing, for amendments to Chapter 8 of the Pittsylvania County Code. A substitute motion was made by Mr. Ingram, seconded by Mr. Snead, to also advertise Plan A for public hearing along with Plan B. After some discussion, Mr. Snead withdrew his second to Mr. Ingram's substitute motion and then Mr. [-larville seconded Mr. Ingram's substitute motion. The following vote was recorded for the substitute motion: Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker- No; Mr. Davis-No; Mr. Snead-No; Mr. Pritchett-No and Mr. Barber-No. Mr. Ingram's substitute motion failed by a 2-5 vote. The following vote was recorded for Mr. Ecker's motion: Mr. Davis-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-No; Mr. Harville-No; Mr. Ecker-Yes and Mr. Barber-Yes. Mr. Ecker's motion passed by a 5-2 majority vote of the Board. Adjourned Meeting April 19, 2011 Motion was made by Mr. Harville, seconded by Mr. Snead, to approve Resolution 2011-04-08, authorizing the use of excess bond proceeds and authorizing the County Administrator to sign all necessary documentation on this pay down plan. The following Roll Call Vote was recorded: Mr. Davis-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes and Mr. Barber-Yes. Mr. Harville's motion as unanimously approved by the Board. Adjourned Meeting April 19, 201 l RESOLUTION AUTHORIZING THE USE OF EXCESS BOND PROCEEDS RF,SOLUT[ON 2011-04-08 "[~he issuance of general obligation indebtedness by Pittsylvania County, Virginia (the "County") in the maximum aggregate principal amount of $70,000,000 to tinance the renovation of four high schools, including without limitation, new heating and air conditioning systems and roofs (collectively, the "Projects"), was approved by the qualified voters of the County at an election held on November 6, 2007. On December 20, 2007, the County issued $10,000,000 in aggregate principal amount of such general obligation indebtedness to tinance a portion of the costs of the Projects. Pursuant to a Bond Resolution adopted on September 16, 2008 (the "Bond Resolution") and a Bond Purchase Agreement entered into on October 3, 2008 (the "Sale Date"), the County issued, on October 30, 2008, the remaining $60,000,000 of the voter-approved general obligation indebtedness to finance the remaining costs of the Projects, such indebtedness being the $20,000,000 General Obligation School Note, Series 2008A (the "Note") and the $40,000,000 General Obligation School Bonds, Series 200813 (the "Bonds"). "I'he County had estimated the costs of the Projects using historical comparisons and other available data, including costs associated with the renovation of several middle schools, which had previously been financed with the proceeds of bonds approved at a referendum. Immediately after the adoption of the Bond Resolution and during the time that the Note and Bonds were being ot~tered for sale to the public, a significant financial crisis impacted the economy, the banking industry and the municipal marketplace. After the Sale Date, the County bid the construction contracts for the Projects (the "Construction Bids''). Due to the economic conditions then affecting the country, including the construction industry, the Construction Bids received were considerably lower than the cost estimates anticipated at the time of the adoption of the Bond Resolution and the sale of the Note and the Bonds. As construction has progressed, change orders and other additional costs have not been significant, thereby resulting in considerable excess proceeds and investment earnings thereon (the "Excess Proceeds"). lJnder the Treasury Regulations promulgated pursuant to the Internal Revenue Code of 1986, as amended, unexpected sale or investment proceeds of a bond issue may be allocated to pay principal and interest on such issue without compliance with the normal rules precluding such application of the same. The Board of Supervisors of the County (the "Board") desires to use the Excess Proceeds to pay debt service on the Bonds. NOW, THEREFORE., BE 1T RESOLVED BY THE BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA: Section 1. Authorization of Use of Excess Proceeds. The Board hereby authorizes the use of the Excess Proceeds to make the debt service payments at the times and in the amounts reflected in the "Revised Bond PayotT Cash Plows Prepared for Pittsylvania County, Adjourned Meeting April 19, 2011 Virginia" dated April l3, 20l 1, prepared by Davenport & Company LLC and provided to the E3oard herewith. Section 2. Actions of County Officials. All actions of the Supervisors, officers, staff; and agents of the County in conformity with the purposes and intent of this Resolution and in furtherance of the contemplated use of the Excess Proceeds are approved and confirmed. The officers and staff of the County are authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the contemplated use of the F,xcess Proceeds. Section 3. F,ffective Date. This Resolution shall take effect immediately upon its adoption. Adopted: April l9, 2011 1757700x3 223160.000019 Adjourned Meeting April 19, 201 1 certities that: CERTIFICATE OF THE CLERK OF THE BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA 'nc~ undersigned Clerk of the Board of Supervisors of Pittsylvania County, Virginia, 1. A regular meeting of~ the Board of Supervisors of Pittsylvania County, Virginia, was held on April 19, 201 I, at the time and place established by the Board for such meetings, at which the following members were present and absent: MEMBER Tim R. Barber James H. Snead Fred M. Ingram William H. Pritchett Marshall A. Ecker Henry A. "Hank" Davis, Jr. Coy E. Harville PRESENT ABSENT Yes Yes Yes Yes Yes Yes Yes 2. A resolution entitled "Resolution Authorizing the Use of Excess Bond Proceeds" was adopted by a majority of all members of the Board present by a roll call vote, the ayes and nays being recorded in the minutes of'the meeting as shown below: MEMBER VOTE Tim R. Barber Ay e James H. Snead Aye Fred M. Ingram AYe William EI. Pritchett Aye Marshall A. Ecker Aye Henry A. "Hank" Davis, Jr. Aye Coy E. Fiarville Aye 3. Attached hereto is a true and correct copy of the foregoirtig resolution as adopted on April 19, Z01 I . This resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my signature and the seal of the Board Supervisors of Pittsylvania County, Virginia, this~ay of April, 201 I . Clerk, Board of Supervisors of Pittsylvania County, Virginia Adjourned Meeting April 19, 2011 Motion was made by Mr. Snead, seconded by Mr. Davis, to grant a landfill tipping tee waiver request made by Mr. Floyd Simpson. A substitute motion was made by Mr. Harville, seconded by Mr. Ecker, to deny the request based on this being Mr. Simpson's third consecutive annual request and that to date, a total of $53,317.63 fees had been waived between April 2008 and November 15, 2010 on this clean project. The following vote was recorded for the substitute motion: Mr. Harville, Mr. Ecker, Mr. Ingram and Mr. Barber-Yes; Mr. Snead, Mr. Pritchett and Mr. Davis-No. Mr. Harville's motion to deny the landfill tipping fee waiver request was approved by a majority 4-3 vote of the Board. Mr. Barber then stated that the Solid Waste Committee needed to develop an policy concerning landfill tipping fee waiver requests. Motion was made by Mr. Harville, seconded by Mr. Ecker, to appropriate from Unappropriated Surplus $35,000 to the legal service line to pay for legal counsels outside of the normal legal department activities in Pittsylvania County. This motion requires a 10-day layover. Mr. Harville said that he would like the County Administrator to give the Board a report of all outstanding legal requests outside the County's normal legal department. Mr. Ingram asked that Item 15, tax exemption status request by the Little Gretna Theater, be pulled from the agenda until Mr. Sleeper talks with Ms. Susan Hunt of the [.ittle Gretna "Cheater to determine if they area 501 (c) 3 organization. Motion was made by Mr. Harville, seconded by Mr. Davis to re-adopt Resolution 201 1-04-06 the Pittsylvania County Emergency Operations Plan and Hazardous Materials Annex, which was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2011-04-06 VIRGINIA: At the adjourned meeting of the Pittsylvania County Board of Supervisors held on Tuesday, April 19, 2011, in the General District Courtroom of the Edwin R. Shields Courthouse Addition, the following resolution was presented and adopted: WHEREAS, the Board of Supervisors of Pittsylvania County, Virginia recognizes the need to prepare for, respond to, and recover from natural and manmade disasters; and WHEREAS, Pittsylvania County has a responsibility to provide the safety and well being of its citizens and visitors; and WHEREAS, Pittsylvania County has established and appointed a Director and Coordinator of Emergency Management; then NOW, THEREFORE, BE IT RESOLVF,D by the Board of Supervisors of Pittsylvania County, Virginia, this Emergency Operations Plan as revised is officially adopted; and IT FURTHER RESOLOVED AND ORDERED, that the Director of Emergency Management, or his/her designee, are tasked and authorized to maintain and revise as necessary this document over the next four (4) year period or until such time be ordered to come before this board. Motion was made by Mr. Davis, seconded by Mr. Harville, to approve Resolution 2011-04-07, for participation in the 2011 Department of Transportation Revenue Sharing Program and authorize the Adjourned Meeting April 19, 2011 County Administrator to sign all necessary documentation, which was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2011-04-07 VIRGINIA: At the adjourned meeting of the Pittsylvania County Board of Supervisors held on Tuesday, April 19, 2011, in the General District Courtroom of the Edwin R. Shields Courthouse Addition, the following resolution was presented and adopted by a vote of 7 to 0: WHEREAS, the Board of Supervisors of Pittsylvania County, Virginia desires to submit an application for an allocation of funds of up to $1,981,920 through the Virginia Department of Transportation Fiscal Year 2012 Revenue Sharing Program; and WHEREAS, $1,981,920 of these funds are requested to fund the Mega Park road system designed to improve access to the Mega Park project, located in Pittsylvania County; then NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Pittsylvania County, Virginia hereby supports this application for an allocation of $1,981,920 through the Virginia Department of Transportation Revenue Sharing Program; and IT FURTHER RESOLOVED AND ORDERED, that the Pittsylvania County Board of Supervisors hereby grants the County Administrator to execute project administration agreements for any approved revenue sharing projects. Motion was made by Mr. Davis, seconded by Mr. Harville to approve a Memorandum of Understanding between the Southern Virginia Regional Alliance and the Pittsylvania County Board of Supervisors, to authorize the County Administrator to sign on behalf of Pittsylvania County, and to set the required Public Hearing to amend Chapter 1 of the Pittsylvania County Code to include this Memorandum of Understanding as an intergovernmental agreement under Chapter 1. Mr. Davis's motion was unanimously approved by the Board. Added Items Motion was made by Mr. Davis, seconded by Mr. Snead, to approve a proclamation designating Law Day in Pittsylvania County, which was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS PROCLAMATION LAW DAY 2011 Whereas, in 1958 President Dwight D. Eisenhower established the first Law Day as "a day of national dedication to the principle of government under law." Every president since has taken the occasion of Law Day as an annual opportunity to proclaim our nation's ongoing commitment to the democratic rule of law; and Whereas, this year Law Day provides us with an opportunity to consider the important legacy of the trst American lawyer-president and one of our nation's greatest founders, John Adams; and Adjourned Meeting April 19, 201 I Whereas, in 1770 Massachusetts lawyer John Adams represented the British officer and soldiers accused in the "Boston Massacre" of killing five colonists protesting in the streets. Although already a prominent leader in the American colonial resistance to British parliamentary authority, the 35-year-old Adams agreed to take on the cases because, in his own words, "Judgment of Death against those Soldiers would have been as foul a stain upon this Country as the Executions of the Quakers or Witches, anciently"; and Whereas, Adam's role in the trials has come to be seen as a lawyerly exemplar of adherence to the rule of law and zealous defense of the rights of the accused, even in cases where advocates may represent unpopular clients and become involved in matters that generate public controversy. His able defense was motivated by his faith in due process of law, in what he would later famously phrase as "a government of laws, not of men"; and Whereas, indeed, writing the Novnnklus essays in 1775, Adams wrote of this famous phrase for the first time. It expressed his firmly held belief in the rule of law as the foundation for republican government and the basis for political liberty. It was subsequently incorporated into the 1780 Constitution of the Commonwealth of Massachusetts, written principally by Adams and a model for the U.S. Constitution of the 1787; and Whereas, on the Law Day, all Americans should reflect on the legal legacy of John Adams; the enduring meaning of "a government of laws, not men'' and the vital role our legal institutions-including our adversarial legal system, citizens juries, and independent courts-play in our system. By appreciating our legal rights and valuing our civic responsibilities, Americans can work together to sustain our national commitment to a democratic society under law; then Now, Therefore, the Pittsylvania County Board of Supervisors, in accordance with Public Law 87-20, as amended, do hereby proclaim May 1, 2011, as [,aw Day, U.S.A. and the observance thereof on May 3, 2011, and call upon all people of the County of Pittsylvania to acknowledge the importance of our nation's legal and judicial systems with appropriate ceremonies and activities, and to display the tlag of the United States in support of this national observance. Motion was made by Mr. Snead, seconded by Mr. Pritchett, to approve an Out of State Travel request by Mr. Jim Davis, Director of Emergency Management. Mr. Uavis has been asked to speak at a conference in Memphis, Tennessee hosted by 218` Century Communications, who will be paying all of Mr. Davis's travel and room expenses. Mr. Davis will be gone from May 4-6, 2011. Mr. Snead's motion was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Ingram, to approve the County, working with the Olde Dominion Agricultural Foundation, issue a Request for Proposals on the Olde Dominion Agricultural Complex Economic Impact that would also include operational costs, and County funding of $10,000 coming from the Economic Development funds line, which was unanimously approved by the Board. Annointments No action was taken on the Danville Community College appointment. The Chairman asked Mr. Hunt for an opinion on the Conflict of Interest issue before the Board would consider this appointment. Adjourned Meeting April 19, 2011 Closed Session Motion was made by Mr. Harville, seconded by Mr. Ecker, to enter into Closed Session for the following: (1) Closed Meeting -Consultation with Legal Counsel and Briefings by Staff Members or Consultants pertaining to actual or probable litigation, where such consultations or briefings in open meeting would adversely affect the negotiating or litigation posture of the Public Body; and consultation with Legal Counsel employed or retained by a Public Body regarding specific legal matters requiring provision of legal advice by such Counsel. At~thoriry: ~~2.2-3711 (A)(7) of the Code o~~Virg=iniu, 1950, as amended Subject ~Llurter: Comprehensive Services Act Audit Purpose: l3rieftnK on Lili~alion Staltrs Update (2) Closed Meeting -Discussion concerning a prospective business or industry or the expansion of an existing business or industry, where no previous announcement had been made of the business' or industry's interesting in locating or expanding its facilities in the community. Authority: §2.2-3711(A)(5) of the Code of Virginia, , 1950,as amended Subject Matter: Industry 12010-03-03 Purpose: Discussion of Performance Agreement The Board unanimously approved Mr. Harville's motion and entered into Closed Session at 8:24pm. Motion was made by Mr. I-Iarville, seconded by Mr. Davis, to return to Open Meeting Session and called for the Certification of Closed Meeting, which was unanimously approved by the Board. The following certification resolution was read and approved by the following roll call vote: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEH;TIN(: BE IT RESOLVED that at the Adjourned Meeting of the Pittsylvania County Board of Supervisors on April 19, 2011, 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. 1'he statement shall be recorded in the minutes of the Board. Vote Coy L-'. Harville Yes Marshall A. Ecker Yes Tim R. Barber Yes James I~. Snead Yes Williams H. Pritchett Yes Fred M. Ingram Yes Henry A. Davis, Jr. Yes Certification was unanimous and Open Session reconvened at 8:47pm. No action was taken from Closed Session Adjourned Meeting April 19, 2011 Reports from Board Members Mr. F,cker asked Mr. Sleeper for an update from Mr. Cory Rowland with the Olde Dominion Agriculture Foundation concerning fire insurance at the Olde Dominion Agricultural Complex and to follow up on the transportation requests by patients to be taken to hospitals other than in Danville when picked up by Regional One. Mr. Davis stated that Leon Rowland, on RT' 29, was limited to 12 units at a time and there are so many lawnmowers and cars on the property it is hazardous to walk on the property; that there are probably 40 lawnmowers out there now, not counting cars and trucks, and the original agreement was that he only do lawnmower repairs-not automobiles and trucks, and to please have Code Compliance investigate. Mr. Barber reminded the members of the Solid Waste Committee they would need to meet, probably after the redistricting and budget public hearings were over, to draw up a policy concerning requests for landlill tipping fee waivers. Adjournment Motion was made by Mr. Davis, seconded by Mr. Ingram to adjourn, which the Board unanimously approved. The meeting ending at 8:54pm.