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02-21-2012 BOS Adjourned MeetingAdjourned Meeting February 21, 2012 Pittsylvania County Board of Supervisors Tuesday, February 21, 2012 Adjourned Meeting VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, February 21, 2012 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. "fhe following members were present: Tim Barber Tunstall District James Snead Dan River District Jessie L. Barksdale Banister District Coy C. Harville Westover District Jerry A. Hagerman Callands-Gretna District Marshall Ecker Staunton River District Brenda H. Bowman Chatham-Blairs District Mr. William D. Sleeper, County Administrator, Mr. Greg L. Sides, Assistant County Administrator, Mr. J. Vaden Hunt, County Attorney, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Ecker led the Pledge of Allegiance. Approval of Aeenda Motion was made by Mr. Snead, seconded by Mr. Harville, to approve the agenda with the following additions: Additions: (a) Closed Meeting: Upon adjournment of the Adjourned Meeting, the Board will reconvene in the County Administrator's office for a Closed Meeting conference call for: Constellation with Legal Cotnrsel and Briefings by Stdff 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 Bodv: and consultation with Legal Counsel employed or retained by a Public Bodv regarding specific legal matters requiring provision of legal advice to such counsel. Authority: ,¢2.2-371 l (A)(7), Code of Virginia, 19511, as mnended Suhject <Vlatler: Jane Doe vs. Pittsylvania County Purpose: Briefrng on hitigalion Sta[us (b) Certificate of Need -Gretna (c) Committee Appointments from Ms. Bowman, Mr. Barksdale, Mr. Hagerman and Mr. Barber-Beautification Committee (d) Hiring Freeze-Mr. Ecker Mr. Snead's motion was unanimously approved by the Board. Hearin¢ of the Citizens Merle Rutledge of the Banister District made comments conccming the mining of uranium and wanting the Board to look out for the citizens' interests on this matter, urged the Board to be a bi-partisan board and not a party board; and asked the Board to be true to their position in protecting those they serve. This concluded the Hearing of the Citizens.A Consent Aeenda Adjourned Meeting February 21, 2012 (a) Proclamation -Virginia Agricultural Week/Virginia Agriculture Literacy Week - March 4-] 0, 2012 (b) Region One- March payment Motion was made by Mr. Snead, seconded by Mr. Ecker, to approve the Consent Agenda items, which was unanimously approved by the Board. PITTSYLVANIA COUNTYBOARD OFSUPERV/SORS PROCLAN/ATION NATIONAL AGRICULTURE WEEK/ NATIONAL AGRICULTURE LITERACY WEF,K March 4rh-10th, 2012 "FROM OUR FIELDS...TO YOU" WHEREAS, agricultural development in Pittsylvania County is one of the major economic resources of the County and ranks in the top l0 of Agribusiness Counties in the Commonwealth; and WHEREAS, 'fhe Virginia Department of Agriculture and Consumer Services suggests this a perfect opportunity to give credit to the farmers of our state and county; and WHEREAS, Agriculture Week is an important celebration in Virginia because agriculture is the Commonwealth's largest industry that contributes $55 billion to the state's economy each year, and over 562 million in ugricnliure receipts based nn crops and livestock in Pii[sylvrrnia County; and WHEREAS, agriculture in the Commonwealth is a diversified industry with products encompassing livestock, field crops, fruits, vegetables, poultry, dairy, ayuaculture, vineyards. and more; and the mild climate and rich soil of Virginia provide an environment in which are crops harvested nearly year-around; and WHEREAS, every Virginian should understand how food, fiber and renewable resource products are produced and should value the essential role of agriculture in maintaining a strong economy, and appreciate the rule Virginia agriculture plays in providing safe, abundant, and affordable products; and WHF,REAS, because only two percent of the population is engaged in production agriculture, basic knowledge about and experience with the industry is on the decline, the Agriculture in the Classroom Foundation is sponsoring Agriculture Literacy Week to increase knowledge about agriculture with reading programs [o children in kindergarten through Grade 2; then ~ BE IT HEREBY PROCLAIMED by the Pittsylvania County Board of Supervisors that the week of March 4th through March 10th, 2012 be proclaimed "National Agriculture Week- National Agriculture Literacy Week" in Pittsylvania County and all citizens of Pittsylvania County are encouraged to thank a farmer for the products they provide which enrich our daily lives and urges parents, grandparents, and educators to inform young children on the importance of local agriculture and how it enriches all of our lives. Public Hearings Rezoning Cases Case I: Gary N. Duren & Andrea H. Duren -Westover District - R-12-005 Adjourned Mee[ing February 21, 2012 Mr. Barber opened the public hearing at 7:17pm. Mr. Shelton explained that Gary and Andrea Duren had petitioned to rezone a portion of 21.37 acres from A-l, Agricultural District to R-l, Residential Suburban Subdivision District ([o be combined with GP/N # 1388-55-.1614 zoned R- 1).The portion to be rezoned is 0.474 acre (per plat), located on State Road 873/River Ridge Road, in the Westover Election District. "fhe Planning Commission, with no opposition, recommended granting the petitioners' request. Gary Duren was there to represent the petition. No one signed up to speak and Mr. Barber closed the public hearing at 7:18pm. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve rezoning Case R-12-005 from A-1 to R-I. The following Roll Call Vote was recorded: Ms. Bowman-Yes; Mr. Ecker-Yes; Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. 1-lagerman-Yes: and Mr. Barber-Yes. Mr. Harville's motion to approve rezoning Casc R-12-005 from A-] to R-I was unanimously approved by the Board. Case 2: Withdrawn - R-12-006 Case 3: Climax Community Center, LLC -Callands-Gretna District - R-12-007 Mr. Barber opened the public hearing at 7:20pm. Mr. Shelton explained that Climax Community Center, LLC, had petitioned to rezone 0.87 acre, located on State Road 799/Climax Road in the Callands-Gretna Election District from R-I, Residential Suburban Subdivision District to B-2, Business District, General (for funrre commercial development). The Planning Commission, with no opposition, recommended granting the petitioner's request. Walter Crider was there to represent the petition. No one signed up to speak and Mr. Barber closed the public hearing at 7:21pm. Motion was made by Mr. Hagerman, seconded by Mr. Harville, to approve rezoning Case R-12-007 from R-I to B-2. The following Roll Call Vote was recorded: Mr. Ecker-Yes; Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; and Mr. Barber-Yes. Mr. Ilagerman's motion to approve rezoning Case R-12-007 from R-1 to B-2 was unanimously approved by the Board. This concluded the Rezoning Cases. Unfinished Business At the February 6, 2012 meeting of the Board, a motion was made by Mr. F{arviiie, seconded by Mr. Snead, to appropriate an additional $7,400.00 to the Animal Control Budget (100-4-035100-5850) in order to finish out annual payments to the Danville Humane Society for cats picked up in the County by Animal Control that in turn are taken to the Danville Humane Society. This motion required a 10-Day Layover that had now been met. The following Roll Call Vote was recorded: Mr. Ecker-No; Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; and Mr. Barber-Yes. Mr. Harville's motion passed by a 6-1 majority vote with Mr. Ecker in opposition. Mr. Sleeper was directed by the Chairman to set up an Animal Pound Committee meeting for the discussion of how to alleviate the cat problem in the County and discussion of improvements to the County's animal facility. At the February 6, 2012 meeting of the Board, a motion was made by Ms. Bowman, seconded by Mr. Barksdale, for an appropriation of $1,400,000 to the School Fund (Fund 205) to cover CSA expenditures that had been upfronted by the Schools. This motion required a l0-Day Layover that had now been met. The following Roll Call Vote was recorded: Mr. 1-iarville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Ecker-Yes; and Mr. Barber-Yes. Ms. Bowman's motion was unanimously approved by the Board. After discuss between the Board, Mr. Sleeper was directed to draft a resolution of dissolution to segregate the County from the City of Danville in the regional Community Policy and Management Board. Mr. Ecker and Mr. Harville also stated that they would to see a report on how many children are Adjourned Meeting February 21, 2012 being served, how many requests for reimbursements from the schools are submitted to the County and how many has the County denied paying. At the February 6, 2012 meeting of the Board, motion was made by Mr. Ecker, seconded by Mr. Snead, for the reappropriation of funds as follows: $18.24 to Board of Supervisors- Telephone (100-4-011010-5230), $295.00 to Board of Supervisors=(raining (100-4-011010- 5540), $60.00 to Sheriff-Parts (100-4-031200-6030), $1,000.00 to Sheriff-Canine Program (100- 4-031200-6045), $85.64 to Jail-Professional Services (100-4-033100-3110), $202.68 Extradition (100-4-033100-5550), $20.00 to VFD- Fuels (100-4-032200-6008), $35.00 to Animal Control- Donations (100-4-035100-5883), $260.00 to Library-Postage, $2,460.65 to Library-Computer Supplies (100-4-073100-6021), $7,324.11 to WIA-Rent (251-4-353160-5420). This motion required a 10-Day Layover that had now been met. The following Roll Call Vote was recorded: Mr. Snead-Yes; Mr. Barksdale-Yes; Mc Hagerman-Yes; Ms. Bowman-Yes; Mc Ecker-Yes; Mr. Harville-Yes; and Mr. Barber-Yes. Mr. Ecker's motion was unanimously approved by the Board. New Business Ann Stratton, Executive Director, and Russell Carter, Public Engagement Coordinator, for Smart Beginnings, gave a presentation on the importance of early kindergarten registration and covered upcoming County events coordinated with "Countdown to Kindergarten" on March 16, 2012, and asked the Board of Supervisors for their consideration in approving the proclamation declaring March as School Readiness Month in Pittsylvania County. Ms. Stratton and Mr. Carter also gave out T-Shirts to the Board. Motion was made by Mr. Harville, seconded by Ms. Bowman, to approve the proclamation declaring March as School Readiness Month in Pittsylvania County, which was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS PROCLAMATION SCHOOL. REAllINESS MONTH MARCH 2012 Whereas, on average, one in seven children in Pittsylvania County, Virginia will enter kindergarten without the hasic skills needed to succeed in school; and Whereas, early childhood represents a once in rr lifetime opportunity to positively impact our children and our comrnunities and the first,/ive years of life create the physical, cognitive, social and ernotional foundation for school readiness, cmd Whereas, children who hove n vcn•iety of quality early childhood experiences with parents, caregivers, nail teachers begin school hecdthy cmd reucfv programs to learn, and ure able to grow into engaged, educated citizens; and Whereas, when a pm•ent registers a child eca•ly for kindergarten it is s sign that they crre thinking about the exciting and sometimes challenging transition to elementary school; and Whereas, studies confine that everv $1 invested in early childhood education can yield rehtrns as high as $16 thra:rgh higher academic achievement, and lower rates of grade retention, remedial services, school failure, criminal behavior and the fare dependence; then Adjourned Meeting February 21, 2012 Now, Therefore, the Pittsylvania County Board of Supervisors do hereby proclaim March 2012 as Schnn! Readiness Month in Pittsylvania County, Virginia and encourage parents of krrulergarten age children throughocd Pittsylvania Cocmty to particlpate in the early registration for kindergarten event on March l6, 2012 . Motion came from the Finance Committee to refer a proposed $4 Solid Waste fee to the Solid Waste Committee for discussion, with [he committee to meet on February 29, 2012 at 3:30pm prior to the Work Session of the Board, which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve Resolution 2012- 02-06 for a Master Equipment Lease, authorizing and approving the execution and delivery of the Master Equipment Lease Agreement required for the final financing for the $ l3 million E9l L System and Equipment Upgrades project, which was unanimously approved by the Board. RESOLUTION OF'PHE BOARD OF SUPERVISORS OF THE COUNTY OF P17`I'SYLVANIA, VIRGINIA A U'I'HORI7.INC: ANU APPROVING THE EXECUTION ANU DELIVERY OF MASTER EQUIPMENT LEASE. AGREEMENT 2012-02-0b WHEREAS, the Hoard of Supervisors of the County of Piltsylvtmin, Virginia (the "Board"), has detctTttincd that it is necessary and desimblc to finance all or a portion of emergency 911 communication equipment anJ facilities (the "Equipment") for the County of Pittsylvania, Virginia (the "County"); WHEREAS, [here has been presented to the Huard u plan for the financing of the Equipment which would not create debt of the County for purposes of the V irginin Constitution; WHF.RM:AS, the County has alaea:idcd, pursuant [o such financing plan, to enter into, execute and deliver a Master 6quipmcnt Lcasc Agreement and a Schedule No. 1 thereunder for the Gyuipment (collectively, the "Lcasc Purchase AgrecmenP'), the payments under which arc subject to appropriation by the Hoard; and WHF.RF.AS, the provisions of the Lcnse Purchase Agreement will be in conformity with the terms of a proposal (the "Commitment") from Rank of America Public Capital Corp. (the "Bank"); NOW, THEREFORE, 13E 1T KESOLVEU RY THE. ROAKU OF SUPERVISORS OF THE ('OUNTV OF PI7"PSYLVANIA, VIRGINIA; t. Authorization of Lease Purchase Agreement and Usc of Proceeds. "I'he County determines that it is advisable to accept the Commitment and execute and deliver the Lcasc Purchase Agreement to the Dank. 'nc~ execution anal delivery of the Lease Purchase Agreement arc authorized vtd approved. 2. Details of Lcasc Purchase Agreement. "1"he Lcnse Purchase Agreement shall be executed and delivered upon the terms and conditions set forth therein mtd in the Commitment and shall be dated the date of its cxewtion and delivery. The interest components of [he rental payments Ihcrcundcr shall be dclennincd based upon the rate of interest per annum of 2.50%, anti the principal components of the rental payments thereunder shall be determined based upon a eleven year level principal amortization, with principal payments conunencing on March I5, 2014 and continuing on each March I S thercaRer through March 15, 2024. Interest payments shall be made on each Mazch I S and September I5, commencing on September I5, 2012 and continuing through March 15, 2024. The atnoun[ of each principal and interest component of the rcnud payments shall be us set forth in the Lease Purchase Agreement The proceeds of the Lease Purchase Agreement, which will be used to pay the purchase price of the Equipment, capitalized interest and costs of issuance, shall not exceed $13,G00,000. Principal components of the rental payments under the Lcasc Purchase Agreement may be prepaid on or after March I5, 201 g in whole only, without premium or penalty, on any March I S or September 15, upon thirty (30) days' written notice given by the County to the Bank, together with any interest due on the outstanding principal components so prepaid plus any accrued fees. Adjourned Meeting February 21, 2012 3. Form of Lease Purchase Agreement. The Lease Purchase Agreement is hereby approved, with such variations, insertions or deletions as may be approved by the Chairman or the Vice Chairman of the Board or the County Administrator, any of whom may act. All payments under the Lease Purchase Agreement are subject to appropriation by the Board, and the Boazd is not, under any circumstances, obligated to make such appropriations. 4. Execution and Delivery of Lease Purchase Agreement. The Chairman and the Vice Chairman of the Boazd and the County Administrator, any of whom may act, aze each authorized and directed to execute the Lease Purchase Agreement. "fhe Clerk of the County is authorized and directed to affix the seal of the County to the executed Lease Purchase Agreement (if required) and to attest it and then to deliver the Lease Purchase Agreement to the Bank. 5. Official Action. The Board hereby makes this declaration of official intent under Treasury Regulations Section I.I50-2 and declares that the County intends to reimburse itself with the proceeds of the Lease Purchase Agreement for expenditures made on, after or within 60 days prior to the date hereof with respect to the Equipment, except that expenditures made more than 60 days prior to the date hereof may be reimbursed as to certain de minimis or preliminary expendittues described in Treasury Regulations Section 1.150-2(f) and as to other expenditures permitted under applicable Treasury Regulations. 6. Further Actions. The Chairman and the Vice Chairman of the Board and [he County Administrator, and such officers and agents of the County as may be designated by any of them, aze authorized and directed to take such further actions as they deem necessary regazding the execution and delivery of the Lease Purchase Agreement and the grant of a security interest in the Equipment and in any currently existing emergemcy 911 communications equipment and facilities owned by the County (the "Old Equipment"), including, without limitation, the execution and delivery of (i) the exhibits to the Lease Purchase Agreement including the Acquisition Fund and Account Control Agreement, (ii) an assignment of any contracts related to the Equipment, (iii) deeds of easement with respect to properties upon which the Equipment is to be located and the Old Equipment is located and (iv) closing documents and certificates including a Form 8038-G, a Non-ArbiVage Ceriifica[e and a Tax Certificate. All such actions previously taken by the Chairman, the Vice Chairman, [he County Administrator or such officers and agents are hereby approved, ratified and contitmed. 7. Selection of Bond Counsel. The County hereby consents to Troutman Sanders LLP serving as Bond Counsel to the County in connection with the execution and delivery of the Lease Purchase Agreement. 8. Essentiality of Equipment. The Equipment is hereby declared to be essential to the efficient operation of the County, and the Board anticipates that the Equipment will continue to be essential to the operation of the County during the tern of the Lease Purchase Agreement. The Boazd, while recogni-ting that it is no[ empowered [o make any binding commitment to make appropriations beyond the curent fiscal year, hereby states its intent to make annual appropriations in future fiscal years in amounts sufficient to make all payments under the Lease Purchase Agreement and hereby recommends that future Boards do likewise during the term of the Lease Purchase Agreement. Adjourned Meeting February 21,2012 9. Submission of Appropriation Rcuucst. "1'hc County Administrator is hereby directed to submit for each fiscal yanar a request to the Board ti>r an appropriation in an amount equal to the payments becoming due on the L.case Purchase Agreement in the next fiscal year. Nothing in this Resolution shall ohlig:atc tho Rourd W make such appropriation or shall constitute tt pledge of the lull faith anal crodit of [he County beyond [he constitutionally pcnnitted annual appropriations. 10. 1'Ce3 find CUSlS. All expenses incurred by the Bnnk. [hc County and Icgal counsel in connection with the execution and delivery of the 1_cnsc Purchase Agreement shall be paid by the County, regarJless of whether the Lease Purchase Agreement is executed and delivered. 11. Limitation oC Litthi Hlv ol'Ofliciuls of the County. No a:ovenan[, condition, ngrcemcn[ or obligation contained herein Shull t>a: dcenacd to he a covenant, condition, ngrocmcn[ or obligation of un officer, employee or agent of the County in his or her individual capacity, and no ot7 iccr of [hc County executing the L.casc Purchase Agroemcnt shall be liable pcraonully on the Lease Purchase Agreement or be subject to any personal liability or accountability by reason of the execution and delivery therea>f: No ol7 iccq cmpla>ycc or agent ol'the County shall incur any personal liability with respect [o any other action taken by him or her pursuant to this Resolution, provided hr or she acts in good faith. 12. Contract with Bonk. "hhc provisions of this IZCSOIution shall constitute a contract between [hc County and the Bank for so long as the Lcasc Purchase Agreement is outstanding. 'Phis Resolution may not be amended by the County in mty manner without the consent of [he Bank, except to cure any defect, crroq omission or ambiguity heroin. 13. Iiffcctivc Date. "I"bis Kesolution shall take cf7cct immediately. C N: R't'1 FICA"1'1? '1"hc undersigned Clerk of the Guard of Supervisors of the County ol~ 1'iusylvania, Virginia, dots hereby ecnil'y that the lorcgoing cunstituws u true and correct cxtsct tiom Ute minutes of a meeting of the Boanl hdd on I>cbnmry 21, 7012, and ol'thc whole thesol'u> for as applicable to the mntten stirred to in such extinct. I hereby tirnhcr certify that such maroting was a regularly scheduled meeting and that, During the considcnnion of the foregoing Rewlution, a yuunun was present. "1'he vote of the members of the I3oarJ upon the foregoing IZcsolulion was as follows: Mcmtxr 'l'ira R. Ilarlx;r Junes Snead furry A. I lagerrrtan Coy Ii. Flnrvillc Marshall A. 13ckcr Jcssic L.. Barksdale 13rcndu Ii. Bowman 1'Selett t(~I?.44111 YRS YHS YHS Y Y.S AY6 AYH YH.S Vntc AYH WI'1'NMSS M V IIANU artd the seal ol'the County f f'iltsylvania, Virginia, [his _~ day of February, 2012. C:Icrk, tioarci of Supa:rv stirs ol'the C: my of I'ittsYlvnnia, Virginia Adjourned Meeting February 21, 2012 Motion was made by Mr. Snead, seconded by Mr. Harville, to approve Resolution 2012- 02-07, that would authori2e and approve the execution and delivery of the Management Contract required for the final financing for the $13 million E911 System and Equipment Upgrades project, which was unanimously approved by the Board. RESOLUTION OF T}IE BOARD OF SUPERVISORS OF THE COUNTY OF PITTSYLVANIA, VIRGINIA AUTHORI7.ING AND APPROVING THE EXECUTION AND DELIVERY OF A NIANACEMENT CONTRACT 2012-02-07 WHEREAS, the Board oC Supervisors of the County of Pittsylvania, Virginia (the "Board"), has determined that it is necessary and desirable to finance all or a portion of emergency 911 communication equipment and facilities (the "E-911 System") for the County of Pittsylvania, Virginia (the "County"); WHEREAS, volunteer fire departments, rescue squads and a specialized life saving and search and rescue crew that are members (the "Members") of the Pittsylvania County Fire & Rescue Association (the "Association") will use some of the equipment comprising the E- 911 System (the "Member Equipment") in providing firefighting, rescue and emergency services to residents of the County; and WHEREAS, the management of the E-91 I System by the Members and their use of the Member Equipment are set forth in a Management Contract, dated as of February _, 2012 (the "Management Contract"), behveen the County and the Association, a copy of which has been submitted to the Board at this meeting; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF PITTSYLVANIA, VIRGINIA: I. Form of Manasemen[ Contract. The Management Contract is hereby approved in the form submitted to this meeting, with such variations, insertions or deletions as may be approved by the Chairman or the Vice Chairman of the Board or the County Administrator, any of whom may act. 2. Execution and Delivery of Management Contract. The Chairman and the Vice Chairman of the Board and the County Administrator, any of whom may act, are each authorized and directed to execute the Management Contract. 3. Further Actions. The Chairman and the Vice Chairman of the Board and the County Administrator, and such officers and agents of the County as may be designated by any of them, are each authorized and directed to take such further actions as they deem necessary regarding the execution and delivery of the Management Contract. All such actions previously taken by the Chairman, the Vice Chairman, the County Administrator or such officers and agents are hereby approved, ratified and confirmed. 4. Limitation of Liability of Officials of the County. No covenant, condition, agreement or obligation contained herein shall be deemed to be a covenant, condition, agreement or obligation of an officer, employee or agent of the County in his or her individual capacity, and no officer of the County executing [hc Managcntcnt Contract shall be liable personally on the Management Contract or be subject to any personal liability or accountability by reason of the execution and delivery thereof. No officer, employee or agent of the County shall incur any personal liability with respect to any other action taken by him or her pursuant to this Resolution, provided he or she acts in good Caith. 5. Effective Date. This Resolution shall take effect immediately Adjourned Meeting February 21, 2012 CP:R'I'IFIG1'1'E "rhe undersigned Clerk ol'the Board ol'Supcrvisors of the Coumy of Pittsylvani:y Virginia, does hereby certify that the foregoing constitutes a We mtd cortect extract liom the minutes of a meeting of the Board held on February 21, 2012, and of the whole thereof so fv ns applicable to the matters refert~d to in such extract. I hereby further certify that such meeting was a regul:uly scheduled meeting and that, during the consideration of the fixegoing Resolution, a quomm was present. The vote of the members of the Board upon the foregoing Resolution was as follows: Member Tim R. Barber James Snead Jerry A. Hagerman Coy B. Harvillc Marshall A. Ecker lcssie L. Barksdale Brenda H. Bowman Prescnt/Abscnt YES Vote AYE YES AYE YES AYE YES AYE YES AYE YES AYE YES AYB WITNESS M11Y HAND and the seal of the Courtly of Pittsylvania, Virginia, this ~ day o(February, 2012. Clerk, Board of Supervisors of the County Pillsylvartia, Virginia Mr. Ecker asked that in the future he would like to see something on all the contracts that stated they had been approved to form by the County Attorney. The Chairman directed the County Administrator and the County Attorney to see that as well. Motion was made by Mr. Harvillc, seconded by Mr. Ecker, to award a contract for Phase ll Cell B construction at the Pittsylvania County Landfill to Haymes Brothers, Inc. as the lowest responsive responsible bidder in the amount of $1,925,708.30, and authorize the County Administrator to execute all necessary documentation after final review by Legal Counsel, which was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Ms. Bowman, to approved a contract for Quality Assurance Quality Control (QAQC) services evith Draper Aden Associates in the amount of $99,165 and authorize the County Administrator to execute all necessary documentation upon final review by Legal Counsel, which was unanimously approved by the Board. Adjourned Meeting February 21, 2012 Motion was made by Mr. Ecker, seconded by Mr. Snead, to award [he contract for Hurt- Klopmman Waterline Extension to Crews Construction Company as the lowest responsive responsible bidder in the amount of $218,789.11, and authorize the County Administrator to execute all necessary documentation upon final review by Legal Counsel, which was unanimously approved by the Board. Motion was made by Ms. Bowman, seconded by Mr. Hagerman, to approve a request by Gracie Mays to use the Fallen Officer Memorial for a candlelight service on May l7, 2012, which was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Mr. Harville, to appropriate $10,000 to the Rescue Billing Enterprise Fund for management fees and postage. This motion required a 10- Day Layover. Motion was made by Mr. Snead, seconded by Ms. Bowman, to appropriate a $10,000 grant received by the County to the Community f=oundation-Fire Grant under a Capital Outlay- Equipment line item (250-4-094209-8102. The following Roll Call Vote was recorded: Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Ecker-Yes; Mr. Harville-Yes; Mr. Snead-Yes; and Mr. Barber-Yes. Mr. Snead's motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Snead, to transfer the total fund amount from the Ferry Road Waterline Project over to the Orphanage Road-Jefferson Road Waterline Project. Mr. Gary Ryan and Mr. Calvin Holley that live on Orphanage Road, supports this waterline project because their well water tastes so bad they have been buying drinking water for consumption and cooking for years. "fhe Board unanimously approved this transfer of funds from Ferry Road Waterline Project over to the Orphanage Road-Jefferson Road Waterline Project. Apaointments Mr. Barber stated that he, as the Chief Elected Official, would represent Pittsylvania County on the Local Elected Official consortium. "fhe following people were nominated by the respective District Supervisors to the Pittsylvania County Beautification Committee: Grady Carrigan -Westover District Mary Ellen Forrest -Staunton River District Bobby Jones, Jr. -Chatham-Blairs District Mollie Holmes -Banister District Megan Evans - Tunstall District Marisa Doss - Callands-Gretna District Motion was made by Mr. Harville, seconded by Ms. Bowman, to approve the nominations, which was unanimously approved by the Board. "fhe Dan River District representative would be appointed at the March 5, 2012 meeting. Members would be contacted and told to come to the March 5, 2012 meeting to meet the Board and then discuss with each other a date to be set for holding their first committee meeting. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve the re- appointment of Mr. David Weatherford as the Westover District representative on the Pittsylvania County Planning Commission, with a new term seat of March 24, 2012 -March 23, 2016, which was unanimously approved by the Board. Adjourned Melling February 21, 2012 To Be Added Mr. Hagerman made a motion, seconded by Mr. Harville, to rescind Resolution 2012-02- 05 -Certificate of Need, which was unanimously approved by the Board. Mr. Hagerman felt that after investigation into the issue further, and meeting with both Danville Regional and Centra, that the resolution for a Certificate of Need in the Gretna community needed to not be confined to a specific health group since there seemed to be interest by other parties in developing a care center in the Gretna area. Motion was made by Mr. Ecker, seconded by Mr. Fagerman, to permanently lift the hiring freeze and allow the County Administrator to hire employees at his discretion for the replacement of essential employee positions as the need arises, which was approved by a 5-2 majority vote of the Board, with Mr. I-larville and Mr. Barber opposing. Motion was made by Mr. Ecker, seconded by Ms. Bowman, to provide proposed budgets on email and review on laptops the Board of Supervisor, and after a final budget has been adopted by the Board, a hard copy will be made for libraries and the Board members. Mr. Barber stated that a board member could still request a hard copy. The Board then passed Mr. Ecker's motion by a majority vote of 5-2, with Mr. Barber and Mr. Harville opposing. Both Mr. Barber and Mr. Harville stated they wanted a hard copy. Board Announcements Mc Ecker reminded everyone there would be a Solid Waste Committee meeting at 3:30pm on Wednesday, February 29, 2012 in Room 203 at the Institute of Advanced Learning and Research. Ms. Bowman stated on March 5, 2012 at 4:15pm there would be a Legislative Committee in Conference Room 2 of the Captain Martin Building. Mr. Harville said he has passed a report out to each Board member from Chad Fox, of the U. S. Dept. of Agriculture, Animal & Plant Health Inspection Service, and Wildlife Services, concerning funding that appeared to be coming forth to keep the Coyote Control program in place. Reports by County Administrator Mr. Sleeper gave a briefing on the Swedwood rail costs. Mr. Ecker wanted to make a motion to rescind the motion to begin the monthly repayments of $18,750 to the Department of Rail & Public Services. Mr. Harville asked Legal Counsel if that was possible. Mr. I-lunt stated that he had thoroughly reviewed all the documents concerning this issue and there did not appear to be any clause holding Swedwood a responsible party to the repayment if they did not use the rail cars. Mr. Sleeper provided the Board with the annual Animal Control report. Closed Meetine Motion was made by Mr. Snead, seconded by Mr. Harville, to enter into Closed Meeting for the following: (a) Closed Session Closed Meeting: Discussion of performance and salaries of 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: y 2.2-3711(A) (1) Code of Virginia, 1950, as amended Subject: County Administration Purpose: Discussion of performance and salaries of employees of any public body Adjourned Meeting February 21, 2012 Upon a motion of Mr. Harville, seconded by Mr. Snead, the Board re-entered to Open Session, which was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVEll that at the Adjourned Meeting of the Pittsylvania County Board of Supervisors on February 21, 2012, 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 Coy G. Harville Yes Marshall A. Ecker Yes Brenda H. Bowman Yes James H. Snead Yes Jcssic L. Barksdale Yes Jerry A. Hagerman Yes Tim R. Barber Yes The Board re-convened to Open Session at ):45pm. Reports by the County Administrator Mr. Sleeper reminded everyone of the Board of Supervisors Work Session scheduled for 4:OOpm and the Joint Meeting of the Board of Supervisors and the Danville City Council at 6:OOpm to be held at the Institute for Advanced Learning and Research. Adjournment Motion to adjourn was made by Mr. Harville, seconded by Mr. Snead. The Board adjourned at 8:45pm with the intent of reconvening in the County Administrator's office for a Closed Session conference call Mr. Harville's motion was unanimously approved by the Board. Closed Session Motion was made by Harville ,seconded by Ms. Bowman, to re-open the meeting to a Closed Session for: 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 specitic legal matters requiring provision of legal advice to such counsel. Authority: §2.2-371 I (A)(7), Code of Virginia, 1950, as amended Subject Matter: Jane Doe vs. Pittsylvania County Purpose: Briefing on Litigation Status Closed Meeting began 8:SOpm Motion was made by l-larville, seconded by Mc Snead , to re-enter into Open Meeting, which was unanimously approved by the Board. Adjourned Meeting February 21,2012 PITTSYLVAN[A COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the Adjourned Meeting of the Pittsylvania County Board of Supervisors on February 21, 2012, 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 Coy E. Harville Yes Marshall A. Ecker Yes Brenda FL Bowman Yes James H. Snead Yes Jessie L. Barksdale Yes Jerry A. Hagerman Yes Tim K. Barber Yes The Board re-convened to Open Session at 9:20pm. Motion to adjourn was made by Harville, seconded by Snead, which was unanimously approved by the Board. the meeting adjourned at 9:22pm.