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07-06-2010 BOS Regular MeetingPittsylvania County Board of Supervisors Tuesday, July 6, 2010 Regular Meeting VIRGINIA: The Regular meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, July 6, 2010 in the General District Courtroom of the Edwin R. Shields Addition in Chatham, Virginia. Henry A. Davis, Chairman, called the meeting to order at 7:00 p.m. The following members were present: Tim Barber James Snead William H. Pritchett Marshall Ecker Coy E. Harville Fred M. Ingram Henry A. Davis, Jr. Tunstall District Dan River District Banister District Staunton River District Westover District Callands-Gretna District Chatham-Blairs District Mr. William D. Sleeper, County Administrator, Mr. John P. Light, Legal Counsel, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Snead gave the invocation and led the Pledge of Allegiance. Motion was madF additions to the agenda: Additions: (1) (2) (3) (4) by Mr. Ingram, seconded by Mr. Harville, to approve the following Burning Ban- Mr. Snead Expenditure Refunds Portrait-County Courthouse Contract for Juvenile Services Mr. Ingram's motion to approve the additions to the agenda was unanimously approved by the Board. Motion was then made by Mr. Ingram, seconded by Mr. Ecker, to approve the agenda with the added items, which was unanimously approved by the Board. Hearing of the Citizens Ms. Carolyn Gibson, of the Dan River District, made comments to the Board opposing the development of any more industrial parks. Mr. James Robertson, of the Callands-Gretna District, voiced concerns regarding how high his electric bill was and made comments opposing developing another industrial park. Mr. George Stanhope, of the Callands-Gretna District, stated he attended the June 22, 2010 meeting of the Coal & Energy Commission Sub-Committee Meeting and read excerpts from an article in the New Your Times on safe water and uranium mining. Mr. Frank Fox, of the Chatham-Blairs District, also attended the Coal & Energy Commission Sub-Committee meeting on June 22, 2010 and stated they were told the first 20 people signed up would get to speak while the media was there to record the meeting and that the names called for the first 20 speakers was written down by the same person at soon as the signup Regular Meeting July 6, 2010 sheet was available, and who was also apro-mining commenter. Mr. Fox felt that tactic insulted the intelligence of the people of the County. This concluded the hearing of the citizens. Motion was made by Mr. Harville, seconded by Mr. Snead, to correct the June 15, 2010 draft minutes and have those corrections substituted into the draft minutes as follows: (1) References in the draft minutes of Mr. Harville being absent from the meeting should be stricken and all those same references should reflect him as present. (2) References in the draft minutes of Mr. Ingram and Mr. Snead being present at the meeting should be stricken and all those same references should reflect them as being absent from the meeting. Mr. Harville's motion was unanimously approved by the Board. Motion was then made by Mr. Ecker, seconded by Mr. Harville, to approve the Consent Agenda, which was unanimously approved by the Board. Consent Agenda (a) June 7, 2010-Regular Meeting June 15, 2010-Adjourned Meeting (with corrections noted) (b) Bill List: June 2010 (c) Music Festival Permit -Tomahawk Mills (d) Resolution -Gretna Girls Softball-State Championship (e) Children at Play Sign -State Route 718/Oak Grove Outreach Center (f) "Slow Farm Vehicles" Sign-Level Run Road/State Road 640 to Straightstone Road PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2010-07-03 VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors held on Tuesday, July 6, 2010, the following resolution was presented and adopted congratulating the Gretna Lady Hawks 2010 High School Softball Team on its winning season and the winning of the Group A State Softball Championship. WHEREAS, the 2010 Gretna Lady Hawks High School Softball Team has had a winning season; and WHEREAS, the Gretna Lady Hawks High School Softball Team, after completing a winning season, won the regular season Dogwood District Championship and moved to the Group ASemi-final playoffs; and WHEREAS, the Gretna Lady Hawks exhibited exemplary sportsmanship and talent as they defeated Holston in the Group A State Softball Championship, bringing home to Gretna their second Group A State Championship in three years; and Regular Meeting July 6, 2010 WHEREAS, the Gretna Lady Hawks performed admirably with their winning season, their win over Holton for the Group A State Softball Championship bringing recognition, not only to themselves, but to their school and to their County and its citizens; then BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors, on the behalf of all of the citizens of Pittsylvania County, express their sincere appreciation, admiration and congratulations to the Gretna Lady Hawks Softball Team of 2010 for their winning season and for bringing the Group A State Softball Championship Title to Gretna High School for the second time in three years; and BE IT FURTHER RESOLVED, that a copy of this Resolution be presented to the Coach and Members of the 2010 Gretna Lady Hawks High School Softball Team. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2010-07-04 WHEREAS, the 1997 session of the General Assembly amended the Code of Virginia with the addition of Section 33.1-210.2 which allows the installation of "Watch for Children" signs; and WHEREAS, the Pittsylvania County Board of Supervisors has received a request from the residents of Dry Fork Road (State Road 718) in the Chatham/Blairs District, between the Norfolk-Southern Railway and Pleasant Gap Road (State Road 835) approximately .2 mile for the installation of these signs; and WHEREAS, a review of this area indicates that it meets the criteria set forth by the Virginia Department of Transportation, NOW, THEREFORE, BE IT RESOLVED, that the Pittsylvania County Board of Supervisors does hereby request the Commissioner of the Virginia Department of Transportation to use funds from the Secondary Construction Budget to install "Watch for Children" signs at the above noted location in Pittsylvania County. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2010-07-OS WHEREAS, Section 33.1-69 of the Code of Virginia, 1950, as amended, places the control supervision, management and jurisdiction over the Secondary System of State Highways in the Department of Transportation; and WHEREAS, the Department of Transportation maintains safety and warning sign and devices for the protection of the public using the Secondary System of Highways; then Regulaz Meeting July 6, 2010 BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors respectfully requests the Department of Transportation to install "Slow Moving Farm Equipment" signs on State Route 761 (Straightstone Road) from State Route 640 (Renan Road), to State Route 668 (Level Run Road. Public Hearings Surplus Property-Property off Chatham Elementary Land Conveyed by the Pittsylvania County School Board. Mr. Davis opened the public hearing at 7:18pm. Mr. Sleeper explained that in May 2010, the Pittsylvania County School Board determined they no longer needed real property described in the northern border of the Chatham Elementary School property, more particularly shown on a map by Shank's Associates dated April 23, 2010. Mr. Robert Lee Gilbert owns property adjacent to the Chatham Elementary School and the property being surplused contains the existing driveway of Robert Lee Gilbert back to his residence off of Chatham Elementary Lane. Mr. Sleeper stated that Mr. Gilbert is interested in acquiring the property to insure access to his residence. The amount of property being surplused is .67 of an acre. Mr. Robert Lee Gilbert signed up to speak and stated that he bought his property in 1978 and had thought the road property belonged to him, and thus maintained it all these years and that no one had complained about it. Once surveying started going on around him, he had his own property surveyed and that was when he discovered the road (the surplus property) did not belong to him and so he asked the school if they would sell it to him. No one else had signed up to speak and Mr. Davis closed the public hearing at 7:21pm. Motion was made by Mr. Pritchett, seconded by Mr. Snead, to authorize legal counsel to negotiate a private purchase of .67 acres identified in a map of Shanks Associates of April 23, 2010 showing ingress and egress to the existing residence. Mr. Harville asked Mr. Light if everything was in order to negotiate a private sale. Mr. Light said yes and he had told Mr. Gilbert what historically what the board had done in the past in sales like this, and what he felt was required and what was required by the State would be that the property be sold at fair market value and what the Board had always done since he had been County Attorney was to require the purchaser to produce two (2) separate values from two (2) different real estate experts and that the County would accept the higher of those two values. Mr. Light said that he explained all that to Mr. Gilbert. And, he intended to proceed on with that historical process and work with Mr. Gilbert on correcting his problem. Mr. Harville stated he thought that needed to be incorporated into the motion for clarification for the public. Mr. Pritchett amended his motion to incorporate Mr. Light's statement, which was seconded by Mr. Snead. The Board voted unanimously to approve Mr. Pritchett's motion. Proposed Amendment to Section 30.1; Cablevision, of the Pittsylvania County Code of Virginia Mr. Davis opened the public hearing at 7:25pm. Mr. Sleeper explained that the Board of Supervisors had drafted Section 30.1 of the Pittsylvania County Code to establish a franchise for Atlantic Metrovision Corporation in the mid-1990s. This franchise had changed hands four (4) times since that dated. The current holder of the franchise is JetBroadband Virginia LLC. The franchise expired March 25, 2003 in accordance with paperwork they submitted for Pittsylvania County Code Section 30.1. The owners of JetBroadband Virginia LLC request the Board to renew the term of fifteen (15) years for a franchise in accordance with Section 30.1 of the Regular Meeting July 6, 2010 Pittsylvania County Code. That resolution would change Section 24 to service as a term of fifteen (15) years rather than five (5) years and a second resolution would meet the requirements of Section 30.1-25 and, following the public hearing, the Board should agree that all references to Atlantic Metrovision in Section 30.1 be changed to JetBroadband Virginia LLC. Mr. Sleeper stated that the approval of both resolutions would renew the cablevision franchise for JetBroadband Virginia LLC and the second of the two resolutions would authorize the assignment of JetBroadband Virginia LLC's cablevision franchise to Shentel of Edinburg, Virginia. No one signed up to speak. Mr. Bill Young from Shentel of Edinburg, Virginia, was there to answer any questions the Board had. Mr. Davis closed the public hearing at 7:29pm. Motion was made by Mr. Harville, seconded by Mr. Ecker, to approve both resolutions. The Board of Supervisors voted unanimously to approve Mr. Harville's motion. Regular Meeting JuVy 6, 2010 RESOLUTION OF THE COUNTY OF PI'I'TSYLVANIA, VIRGINIA APPROVING THE RENEWAL OF THE CABLE TELEVISION FRANCHISE 20111-07-01 WHEREAS, JetBroadband VA, LLC ("Franchisee") owns, operates and maintains a cable television system ("System's serving the County of Pittsylvania, Virginia pursuant to a franchise agreement which expired an March 25, 2003 (the "Franchise's issued by the County of Pittsylvanie, Virginia (the "Franchise Authority"), and Franchisce is the duly authorized holder of the Franchise; and WHEREAS, Franchisee has requested the consent of the Franchise Authority for the renewal of the Franchise in accordance with the requirements of the Franchise and applicable law; and WHEREAS, Franchisee has represented that it will comply with the terms and conditions of the Franchise; and WHEREAS, the Franchise Authority believes that it is in the best interest of the carttmtmity to approve the renewal of the Franchise granted to Franchisee. NOW, THEREFORE, BE IT RESOLVED BY THE FRANCHISE AUTHORITY AS FOLLOWS: SECTION 1. The Franchise Authority hereby approves and consents to the renewal for a term of fifteen years of the Franchise, ell in accordance with the terms of the Franchise and applicable law end Franchisee shall comply with the terms and conditions of the Franchise. SECTION 2. The Franchise Authority confirms that the renewal term of the Franchise shall be for a term of fifteen (15) years which shall be deemed to have commenced on March 26, 2003 and will end on March 25, 2018. SECTION 3. This Resolution shat{ have the force of a continuing agreement with Franchisee, and Franchising Authority shall not revoke, amend or otherwise alter this RESOLITrION NO. ZOra-07-02 RESOLUTION OF PI7'rSYLVANIA COUNTY, VA APPROVING THE ASSIGNMENT OF THE CABLE TELEVISION FRANCHISE WHEREAS, letBroadband VA, LLC ("Franchisee") owns, operates, and maintains a cable television systan ("System's serving Pittsylvania County, VA (the "Franchise Authority', and Franchisee is the duly authorized holder of the Franchiu; and WHEREAS, on April 16, 2010,1dBroadband VA, LLC entered into an Asset Purchau Agreement (the "Agreement's with Shentel Cable Company ("Shrntel'~ in which, among othtt things, the Franchisee proposes to sell and assign to Shentel certain of the assets, including the Franchise, used by Franchisce in the operation of the System (the "Transaction"); and WHEREAS, Franchisee end Shentel have requested the consent of the Frenchiu Authority for the assignment of the Franchiu in accordance with the requirements of the Franchise and applicable iew and have filed with the Franchiu Authority a franchise assignment application on FCC Form 394 that includes relevant information concerning the Transaction and the legal, technical end financial gmlifications of Shentel (collectively, the "Application'7; and WHEREAS, the Franchiu Authority has reviewed the Application, examined the legal, finer«al and technical qualifications of Shentel, followed ell required procedures to consider and act upon the Application and considered the comments of all interested parties; and WHEREAS, the Franchise Authority believes that it is m the interest of the community to approve the Application and the assignment of the Franchiu end the System to Shrntel, as described in the Application. NOW THEREFORE BE 1T RESOLVED BY THE FRANCHISE AUTRORITY AS FOLLOWS: SECTION 1: The Franchiu Authority hereby approves the Application and consents to the assignmrnt of the Franchise and System to Shentel; e11 in saordance with the terms of the Franchise and applicable law. SECTION 2: 71fe Franchiu Authority confirms that (a) the Franchiu was properly granted or assigned to Franchisee and is in foil force and effect, (b) the Franchise represents the rntve understanding of the parip and the Franchisee has no obligations to the Frenchiu Authority other than thou sperificalty stated in the Franchise; and (c) the Franchisee is materia{ly in compliance with the provisions of the Frenchiu and applicable law, and there exists no fad or «rrumstence known to the Frenchiu Authority which constitutes or which, witfi rho passage of time or the giving of notice or both, would constitute a default or breach under the Franchise or would allow the Franchise Authority to cancel or terminate the rights of the Franchisee thereunder. Regular Meeting July 6, 2010 SECTION 3: The Franchise Authority hereby consents to and approves (a) the pledge or grant of a security interest to, or the exercise of associated remedies by, any lender(s) of Shentel or its affiliates in Shentel's assets, including, but not limited to, the Franchise, or of interests in Shentel, for purposes of securing any indebtedness; and (b) the assignment or transfer of Shentel's assets, including the Franchise, provided that such assignment or transfer is to an entity directly or indirectly controlling, controlled by or under common control with Shentel. SECTION 4: The Franchise Authority's approval of the Application and its consent to the assignment of the Franchise to Shentel shall be effective immediately, and Shentel shall notify the Franchise Authority upon the Closing Date. SECTION 5: The Franchise Authority releases the Franchisee, effective upon the Closing Date, from all obligations and liabilities under the Franchise and applicable law that accrue on and after the Closing Date; provided that Shentel shall be responsible for any obligations and liabilities under the Franchise that accrue on and after the Closing Date. SECTION 6: This Resolution shall have the force of a continuing agreement with Franchisee and Shentel, and the Franchising Authority shall not revoke, amend or otherwise alter this Resolution without the consent of the Franchisee and Shentel. New Business Ms. Paulette Dean, Director of the Danville Humane Society, gave a brief history of the Danville Humane Society to the Board, explained a new spaying/neutering $25 rebate program and that the first 100 County residents that call the Danville Humane Society between July 12tH and September 15, 2010 and have spay/neutering done by September 15th, the Humane Society will pay $75 towards the cost of those callers' animals' spaying/neutering fee. Lastly, Ms. Dean explained a $1000 reward program for tips that lead to arrests and convictions on abandonment of animals. Motion was made by Mr. Ecker, seconded by Mr. Harville, to hold a public hearing on August 2, 2010 to amend Chapter 6 of the Pittsylvania County Code, to include the addition of an Heir List Fee. Mr. Ecker's motion was unanimously approved by the Board. Motion was made by Mr. Ingram, seconded by Mr. Barber, to hold a public hearing on August 2, 2010, concerning an amendment to Chapter 6-6.3 of the Pittsylvania County Code for the Northern Pittsylvania County Food Center, Inc, to receive a tax exempt status on real estate property they own in Gretna, Virginia. Mr. Ingram's motion was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Harville, to approve the placement of AT&T General Dynamics' equipment at the County's Emergency Radio tower site and authorize the County Administrator to sign all necessary documentation. Mr. Snead's motion was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Mr. Ingram, to hold a public hearing on August 17, 2010, on a proposed modification to Section 9-53 of the Pittsylvania County Code that would raise the DMV Stop Fees from $20 to $30. The following vote was recorded: Mr. Ingram-Yes; Mr. Harville-No; Mr. Ecker-Yes; Mr. Barber-No; Mr. Snead-No, Mr. Pritchett-Yes; and Mr. Davis-Yes. Mr. Ecker's motion passed by a majority vote of 4-3. Regular Meeting July 6, 2010 Motion was made by Mr. Ecker, seconded by Mr. Harville, to approve a Letter of Engagement from Sands Anderson in a proceeding with the State Corporation Commission concerning Verizon and Verizon South proposing to have their assessments lowered throughout the Commonwealth of Virginia on all of their equipment and property, and authorize the County Administrator to sign on the behalf of Pittsylvania County. Mr. Ecker's motion was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Mr. Ingram, to direct Mr. Light to draft a model ordinance for placement of signage on the roads the Board owns and has jurisdiction over. The following vote was recorded: Mr. Harville-Yes, Mr. Ecker-Yes, Mr. Barber-No; Mr. Snead- No, Mr. Pritchett-No; Mr. Ingram-Yes; and Mr. Davis-Yes. Mr. Ecker's motion passed by a majority vote of 4 to 3. Motion was made by Mr. Ingram, seconded by Mr. Barber, to amend the Dewberry & Davis, Inc. contract in the amount of $6,800 for Phase I & II of the Landfill Gas Monitoring and authorize the County Administrator to sign all necessary documents, which was unanimously approved by the Board. Motion was made by Mr. Ingram, seconded by Mr. Pritchett, to amend the Dewberry & Davis, Inc. contract in the amount of $70,200 for Phase I & II of the Landfill Groundwater Monitoring and authorize the County Administrator to sign all necessary documents, which was unanimously approved by the Board. Motion was made by Mr. Pritchett, seconded by Mr. Snead, to approve Changer Order No. 2 in the amount of $2,160 of the contract with George E. Jones and Sons for the Route 40 Booster Station and authorize the County Administrator to sign all necessary documentation. Mr. Pritchett's motion passed by a majority vote of 6 to 1, with Mr. Ecker opposing. Mark Moss, President of the Altavista EMS, requested the Board to consider they be afforded treatment with regard to County support equal to that afforded all other EMS agencies physically located within Pittsylvania County as they play a significant role in the County's Public Safety System. Mr. Ingram asked this be referred to the Fire and Rescue Committee and the committee should meet prior to the Board's adjourned meeting on July 20, 2010. Mr. Davis directed Mr. Sleeper to schedule the committee meeting and to report back to the Board the recommendation of the Fire & Rescue Committee at the Board's adjourned meeting on July 20, 2010. Motion was made by Mr. Barber, seconded by Mr. Snead, to approve categorical transfers to the School Board's 2009-2010 budget based on documentation that had been submitted from the School Board. Mr. Barber's motion was unanimously approved by the Board. Motion was made by Mr. Pritchett, seconded by Mr. Barber, to refer to the Board of Supervisor and School Board Liaison Committee Change Order #3 requesting $2,733,015 in changes mostly to the Chatham High School. Mr. Pritchett's motion was unanimously approved by the Board. Regular Meeting July 6, 2010 Motion was made by Mr. Ecker, seconded by Mr. Harville, to table discussion of the Moses Building architectural repairs and to refer the matter to the Building and Grounds Committee, which would meet prior to the Board's July 20, 2010 adjourned meeting. Mr. Ecker's motion was unanimously approved by the Board. Motion was made by Mr. Ingram, seconded by Mr. Barber, to amend the library's budget and appropriate $4,568.50 from fax machine receipts during the FY2009-2010 budget and appropriate it to the telephone line item 100-4-073100-5230. The following roll call vote was recorded: Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes and Mr. Davis-Yes. Mr. Ingram's motion was unanimously approved by the Board. Motion was made by Mr. Barber, seconded by Mr. Harville, to approve livestock claims that had been investigated by the County's Animal Control Division, to approve the payment of the claims, and appropriate $690 from unappropriated funds to cover the cost. The following roll call vote was recorded: Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; and Mr. Davis-Yes. Mr. Barber's motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Ingram, to set a public hearing for August 2, 2010, to amend the 2010-2011 budget for amendments totaling approximately $9,851,890.03, with figures changed based on renovation project interest before the advertisement runs in the Star Tribune. Mr. Harville's motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Ecker, to approve transfers to cover year-end shortages that required no additional local funds, which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Snead, to amend the Sheriff Office 2009-2010 budget and appropriate $900 to line item 100-4-031200-5880 to help cover the expenses of the 2010 National Night Out that will be held on August 3, 2010. Mr. Harville's motion was unanimously approved by the Board. Discussion of the Regional One contract renewal was referred to the Fire and Rescue Committee meeting scheduled for July 20, 2010. Appointments Motion was made by Mr. Ecker, seconded by Mr. Harville, to appoint Mr. Steve Miller to the Library Board of Trustees to represent the Staunton River District, which was unanimously approved by the Board. Added Items Regular Meeting July 6, 2010 Motion was made by Mr. Harville, seconded by Mr. Ingram, to approve the following Expenditure Refunds: $59.94 to Sheriff-Subsistence & Lodging (100-4-031200-5530), $60.00 to Sheriff-Parts(100-4-031200-6030), $6.00 to Fire & Rescue (100-4-03200-5667), $26,88 to Jail- Extradition (100-40033100-5550), $170.00 to CSA-Pool Funds(100-4-053500-7003), $500.00 to WIA-Telephone (251-4-353160-5230), $27.72 to WIA-Other Operating Supplies (251-4- 353856-6014). Mr. Harville's motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Snead, for the County Administrator to put out a Request For Proposal (RFP) for repairs to the historic portrait of Colonel Daniel Coleman, one of the oldest portraits hanging in the Circuit Courtroom, which fell, breaking the frame and damaging part of the portrait, and to have the County Administrator to check and see if any insurance coverage on the painting would help pay for the costs of repairs. Mr. Harville's motion was unanimously approved by the Board. Motion was made by Mr. Ingram, seconded by Mr. Harville, to contract services for fiscal year 2011 for the County with the Danville-Pittsylvania County Community Services Board to provide juvenile services and to utilize grant funds in the amount of $5,781 from the Commonwealth of Virginia Criminal Justice System for Juvenile Crime Prevention to pay for these services to juveniles through the Danville-Pittsylvania Community Services Board and to authorize the County Administrator to sign on behalf of the County. Mr. Ingram's motion was unanimously approved by the Board. Chairman Davis directed Mr. Sleeper to contact the Department of Forestry concerning the need for a burning ban in Pittsylvania County due to the extreme dryness and lack of rainfall in the County. Matters Presented by the Board Mr. Ecker asked about landfill fee increases to the Department of Environmental Quality and what cost increase would this be to the County? Mr. Harville asked that a breakdown be provided so it could be placed on the agenda for an amendment to the budget. Mr. Ingram stated there was a serious problem with some of the rescue squads that are being funded at a higher level than the services they are providing and he asked for ideas from all Board members on helping to resolve the problems. Mr. Snead stated that on the upcoming Friday at 1:OOpm The Government Reform and Restructure Quarterly Meeting would be held at the South Side PDC in South Hill. He plans to attend if any other Board members wish to attend. Mr. Barber asked for a clarification to be made concerning comments Mr. Ecker made in the Chatham Star Tribune. Mr. Barber had made a motion for no mining/milling be placed in the Mega Park covenants; he did not make a motion banning mining and milling. Regular Meeting July 6, 2010 Mr. Harville stated that Legal Counsel was informed that if the State gives Camp 15 to the County, the Virginia Department of Transportation (VDOT) wants a clause that if the County ceases using it as a facility, VDOT wants the facility to revert back to the State. Closed Meeting Motion was made by Mr. Harville, seconded by Mr. Pritchett to enter Closed Meeting under the following Authorities: Discussion or consideration of the acquisition of real property for a public purpose where discussion in an opening meeting would adversely affect the bargaining position or negotiating strategy of the public body. Authority: §2.2-3711(A) (3) of the Code of Virginia, 1950, as amended. Subject Matter: Purchase of land Purpose: Initiation of Negotiations Discussion or consideration of the investment of public funds where competition or bargaining is involved, where, if made public initially, the financial interest of the governmental unit would be adversely affected. Authority: 2.2-3711(A) (6) of the Code of Virginia, 1950, as amended. Subject Matter: Purchase of land. Purpose: Initiation of Negotiations Mr. Harville's motion was unanimously approved by the Board and the Board entered into Open Meeting at 9:16pm. Motion was made by Mr. Harville, seconded by Mr. Ecker, to reconvene into Open Meeting, which was unanimously approved by the Board. The meeting re-entered Open Meeting at 9:23pm. The following certification resolution was read and approved by the following roll call vote: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the regular meeting of the Pittsylvania County Board of Supervisors on July 6, 2010, 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. Regular Meeting July 6, 2010 Vote Coy E. Harville Yes Marshall A. Ecker Yes Tim R. Barber Yes James Snead Yes Williams H. Pritchett Yes Fred M. Ingram Yes Henry A. Davis, Jr. Yes Certification was unanimous. Motion was made by Mr. Harville, seconded by Mr. Barber, to adjourn. The meeting adjourned at 9:25pm.