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12-21-2010 BOS Adjourned MeetingAdjourned Meeting December 21, 2010 Pittsylvania County Board of Supervisors Monday, December 21, 2010 Adjourned Meeting VIRGINIA: The adjourned meeting of the Pittsylvania County Board of Supervisors was held on Monday, December 21, 2010 in the General District Courtroom of the Edwin R. Shields Addition in Chatham, Virginia. Tim R. Barber, Vice-Chairman, called the meeting to order at 7:04 p.m. The following members were present: Tim Barber James Snead William H. Pritchett Coy E. Harville Fred M. Ingram Marshall Ecker Tunstall District Dan River District Banister District Westover District Callands-Gretna District Staunton River District Mr. Henry A. Davis, Jr., Chair and representative of the Chatham-Blairs District, was absent. Mr. William D. Sleeper, County Administrator, Mr. John P. Light, Legal Counsel, Mr. Greg Sides, Assistant County Administrator for Planning and Development, Mr. Ken Bowman, Director of Economic Development, Mr. Odie Shelton, Jr., Director of Code Compliance, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Pritchett gave the invocation and led the Pledge of Allegiance. As Mr. Davis was absent, nothing could be added to the agenda at that time. Motion was made by Mr. Ecker, seconded by Mr. Harville, to approve the agenda. At 7:06 pm, Mr. Davis arrived and Mr. Barber turned the meeting over to Mr. Davis. Mr. Ecker amended his motion, which was seconded by Mr. Harville, to include the following additions to the agenda: 5(a) Open Space -Cedars Country Club 5(b) Chatham High School Booster Club 5(c) Buffer Zone Protection Grant 5(d) Resolution to Virginia Department of Transportation (VDOT)-Speed Study on Sandy Creek Church Road (SR 968) 5(e) -Prison Policy Population in Regards to Re-Districting -added by Mr. Davis Hearing of the Citizens No one signed up to speak under Hearing of the Citizens Consent Agenda Motion was made by Mr. Barber, seconded by Mr. Snead, to approve the Consent Agenda which required a roll call vote due to some of the items under Consent. The following roll call vote was recorded: Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Barber-Yes; Mr. Snead-Yes and Mr. Davis-Yes. The Board of Supervisors unanimously approved the Consent Agenda Consent Agenda: (a) Ratify Withdrawal of Tobacco Commission Application (b) New Performance Agreement -Green Energy (c) Final Draft of Comprehensive Plan (d) Project Lifesaver- Requires Roll Call Vote Adjourned Meeting December 21, 2010 (e) Tri-Lake Administrative Commission Legislative Items Public Hearings Rezoning Cases Case 1 Withdrawn R-10-050 Case 2: Richard L. Sowers, Jr. -Dan River District R-10-051 (B-2, Business District, General to M-2, Industrial District, Heavy Industry) Mr. Davis opened the hearing at 7:lOpm. Mr. Shelton explained that Richard L. Sowers, Jr. had petitioned to rezone 1.11 acres, located on SR 730/Countryside Drive in the Dan River Election District from B-2, Business District, General to M-2, Industrial District, Heavy Industry (for a vehicle demolisher). The Planning Commission, with no opposition, recommended granting the petitioner's request. Mr. Sowers was present to represent the petition. No one signed up to speak and Mr. Davis closed the hearing at 7:12pm. Motion was made by Mr. Snead, seconded by Mr. Pritchett, to approve rezoning Case R-10-051 from B-2, Business District, and General to M-2, Industrial District, Heavy Industry. The following Roll Call vote recorded: Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; and Mr. Davis-Yes. The Board unanimously approved Mr. Snead's motion to rezone Case R-10-041 from B-2 to M-2. Case 3: Timothy R. Barber & Kimberly R. Barber -Tunstall District; R-10-052 (RC-1, Residential Combined Subdivision District to A-1, Agricultural District) Mr. Davis opened the public hearing at 7:15pm. Mr. Shelton explained that Timothy R. Barber and Kimberly R. Barber have petitioned to rezone a total of 2.23 acres, two parcels of land, located on SR 862/Oak Hill Road, in the Tunstall Election District from RC-1, Residential Combined Subdivision to A-1, Agricultural District (to combine with their existing farm for agricultural use). The Planning Commission, with no opposition, recommended granting the petitioners' request. Mr. Shelton was present to represent the petition. No one signed up to speak and Mr. Davis closed the hearing at 7:17pm. Mr. Barber declared he had a direct conflict of interest in this case and therefore would be abstaining from voting. Mr. Harville made a motion, seconded by Mr. Snead, to approve rezoning Case R-10-052 from RC-1, Residential Combined Subdivision to A-1, Agricultural District (to combine with their existing farm for agricultural use). The following roll call vote was recorded: Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Barber-Abstained; Mr. Snead-Yes; Mr. Pritchett-Yes; and Mr. Davis- Yes. Mr. Harville's motion to rezone Case R-10-052 from RC-1 to A-1 was unanimously approved by a 6-1 majority vote of the Board, with Mr. Barber abstaining due to a conflict of interest. Case 4: John and Jane Adkins-Callands-Gretna District; R-10-053 (R-1, Residential Suburban Subdivision District to A-1, Agricultural District) Mr. Davis opened the public hearing at 7:18pm. Mr. Shelton explained that John and Jane Adkins had petitioned to rezone 22.39 acres, located on SR 817/Turkeycock Mountain Road, in the Callands-Gretna Election District from R-1, Residential Suburban Subdivision to A-1, Agricultural District (to make the zoning consistent with the adjoining parcels of land zoned A-1). The Planning Commission, with no opposition, recommended granting the petitioners' request. Ms. Adkins was present to represent the petition. No one signed up to speak and Mr. Davis closed the hearing at 7:18pm. Motion was made by Mr. Ingram, seconded by Mr. Harville, to grant the petitioners' request to rezone their property from R- 1, Residential Suburban Subdivision to A-1, Agricultural District (to make the zoning consistent with the adjoining parcels of land zoned A-1). The following roll call vote was recorded: Mr. Ecker-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Yes; and Mr. Davis-Yes. Adjourned Meeting December 21, 2010 The Board of Supervisors unanimously approved Mr. Ingram's motion to rezone Case R-10-053 from R-1 to A-1. Case 5: Tony Fox-Callands-Gretna District; R-10-054 ((R-1, Residential Suburban Subdivision District to A-1, Agricultural District) Mr. Davis opened the public hearing at 7:20pm. Mr. Shelton explained that Tony Fox had petitioned to rezone 3.12 acres located on SR 799/Climax Road in the Callands-Gretna Election District from R-1, Residential Suburban Subdivision to A-1, Agricultural District (to allow for construction of a garage/shop that is larger than the dwelling). The Planning Commission, with no opposition, recommended granting the petitioner's request. Mr. Fox was there to represent his petition. No one had signed up to speak and Mr. Davis closed the hearing at 7:21pm. Mr. Ingram made a motion, seconded by Mr. Ecker, to grant the petitioner's request to re-zone Case R-10-054 from R-1, Residential Suburban Subdivision to A-1, Agricultural District. The following roll call vote was recorded: Mr. Barber-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; and Mr. Davis- Yes. Mr. Ingram's motion to rezone Case R-10-054 from R-1 to A-1 was unanimously approved by the Board. This concluded the Rezoning Cases Public Hearin Proposed Amendments to Chapters 18 & 35 of the Pittsylvania County Code Chapter 18.2 (dd) :Subdivision/Family Members Chapter 35; Supplementary Definitions: Non-Emergency Medical Transport; Emergency Medical Transport; Internet Sweepstakes Cafe Proposed amendments are :Chapter 35-Zoning for the addition of Non-Emergency Medical Transport under Division 1. Agricultural District (A-1), Section 35-179. Special Use Permits, Division 2. Residential Estates District (RE), Section 35-193. Special Use Permits, Division 3. Residential Suburban Subdivision District (R-1), Sec. 35-223. Special Use Permits, Division 5. Residential Combined Subdivision District (RC-1), Section 35-268. Special Use Permits, Division 6. Residential Multi-Family District (RMF), Section 35-281. Special Use Permits, Division 7. Residential Planned Unit Development District (RPD), Section 35-295. Special Use Permits, Division 8. Residential Manufactured Housing Park District (MHP), Section 35-318. Special Use Permits, and for the addition of Non-Emergency Medical Transport under Division 9. Business District, Limited (B-1), Section 35-346. Permitted Uses, Division 10. Business District, General (B-2), Section 35.365. Permitted Uses, Division 11. Industrial District (M-1); Light Industry, Section 35.383. Permitted Uses, Division 12. Industrial District (M-2); Heavy Industry, Section 35-402. Permitted Uses, and Division 13. Conservation District, (C-1), Section 35-530. Permitted Uses, and for the addition of Internet Sweepstakes Cafes under Division 9. Business District Limited (B-1), Section 35-347. Special Use Permits, and Division 10. Business District General (B-2), Section 35-366. Special Use Permits. Upon the advice of Legal Counsel, this public hearing was held in two sections; (1) the definition amendment to Chapter 18.2 (dd): Subdivision/Family Members and Chapter 35 Supplementary Definitions ofNon-Emergency Medical Transport, Emergency Medical Transport, and (2) Internet Sweepstakes Cafe Mr. Davis opened the public hearing to amend Chapter 18.2(dd): Subdivision/Family Members, of the Pittsylvania County Code at 7:22pm. The proposed amendment made the following change to Chapter 18.2(dd): Adjourned Meeting December 21, 2010 (dd) Subdivision. A subdivision shall mean the division of any-lot, parcel, or tract of land into four (4) or more parts each for the purpose of transfer of ownership or building develop-ment, or if a new street is involved in such division, any division of a parcel of land is required to meet the requirements of this ordinance. (B.S.M. 04/06/87) (B.S.M. 07/01/02) The term subdivision shall not include a bona fide single division or partition of land between immediate family members for a building site. The term "immediate family" shall be defined as provided for in Virginia Code Section 15.2-2244 A, as the same may be from time to time amended, which is incorporated herein by reference. Any such division shall be subject to provisions of Virginia Code Section 15.2-2244.1, as the same may from time to time be amended. In addition, no division of land which has been ordered by a Court of competent jurisdiction shall be subject to the provisions of this ordinance. (B.S.M. 07/07/08) (B.S.M. 12- 21-10) The word "subdivide" and any derivative thereof shall have reference to the term "subdivider" as defined below: (ee) Subdivider. An individual, corporation or registered partnership, owning any tract, lot or parcel of land to be subdivided, or group of (2) two or more persons owning any tract, lot or parcel of land to be subdivided, who has given their power of attorney to one of their group or to another individual to act on their behalf in planning, negotiating for, in representing, or executing the legal requirements of the subdivision. No one signed up to speak and Mr. Davis closed the public hearing at 7:25pm. Motion was made by Mr. Harville, seconded by Mr. Ingram, to approve the proposed amendment to 18.2(dd) of the Pittsylvania County Code and the following roll call vote was recorded: Mr. Snead-Yes; Mr. Pritchett- Yes; Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Barber-Yes and Mr. Davis-Yes. The Board unanimously approved Mr. Harville's motion. Mr. Davis then opened the public hearing up at 7:26pm to hear comments concerning the proposed supplementary definitions of Non-Emergency Medical Transport and Emergency Medical Transport, and a proposed supplementary definition of Internet Sweepstakes Cafe, which were proposed as follows: Proposed Supplementary Definitions to Chapter 35-Zoning: - Non-emergency citizen transportation which may include common carrier bus services (infra-city and inter-city), commercial taxicab services, wheelchair van services, stretcher van services, gas reimbursement and commercial air carrier services. The non-emergency medical transport organization must meet all State requirements as specified by the Department of Motor Vehicles (DMV). -Emergency citizen transportation which includes fire and rescue departments, emergency medical services (such as Regional One EMS-. The emergency medical transport organization must meet all State requirements as specified by the Department of Motor Vehicles (DMV). Adjourned Meeting December 21, 2010 -Any business enterprise, whether as a principal or an accessory use, where persons utilize electronk machines, including but not limited to computers and gaming terminals, to conduct lawful game pursuant to Virginia Code §18.2-325.1 as may be amended from time to time includfng but not limited to sweepstakes and video poker, and where cash, merchandise or other items of value are redeemed or otherwise distributed, whether or not the value of such distribution Is determined by electronic games played or predetermined odds. The following persons signed up to speak: Mr. Alvin Tunes, from Asheboro, North Carolina, spoke in favor of allowing Internet Sweepstakes Cafes to operate in Pittsylvania County and wants to start up such a business himself. Mr. Jared Moon, attorney at Wheatley & Clement Law Firm, representing Starlight Technologies, located on RT 29 and RT 58. Mr. Moon's contention is that his client's currently operating an Internet Sweepstakes Cafes should be grandfathered into the County's Zoning Ordinance since there was at the time of his client's doing any necessary paperwork/permitting to fill out for taxing purposes, there did not exist in Pittsylvania County a Special Use Permit for Internet Sweepstakes Cafes. Furthermore, Mr. Moon stated that his client was not operating a gambling facility, but renting time for people to log onto the Internet, and that the sweepstakes portion of the business was an added feature to promote their product- renting time on the Internet, on the same premise as "the Monopoly game coupons that McDonald's gives its customers when they make food purchases." Mr. Moon's client, Starlight Technologies, Inc. stated his client's business on RT 58 in Brosville, Meadowview had been in operation for I6 months and the business on RT 29, 3325 US. Hwy 29, just north of the intersection of US RT29/RT 40, for 24 months. Mr. Marty Rainer, owner of Starlight Technologies, Inc., stated that he considered operation began when he started the paperwork and investment into the business. He had contacted Ms. Belton in the Zoning office there was no paperwork available for him to fill out for the County for a Special Permit or a Business License in order for him to operate in Pittsylvania County. Mr. Moon further stated he felt if the County denied his client the right to operate it would be a burden on his client since he's done everything the County required him to do, as well as it being unjust after being in operation, and should be grandfathering in the businesses that are already in operation and evaluate each independently rather than under a new ordinance with broad language. Mr. Bob Cheatham, Roxboro, North Carolina, also supported operating businesses being grandfathered in and that these Internet Sweepstakes Cafes were not gambling facilities but renting time on the internet. Mr. Ed Brumfield, also from Roxboro, North Carolina, supported Mr. Cheatham's and Mr. Moon's comments. Mr. Brooks Jones, a real estate agent in Danville, Virginia who recently opened his own Internet Sweepstakes Cafe in Danville, supported the comments in favor of the cafes made by the previous speakers. No one else had signed up to speak and Mr. Davis closed the hearing at 8:lOpm. Motion was made by Mr. Harville, seconded by Mr. Ecker, to approve the supplementary definitions of Non-Emergency Medical Transport and Emergency Medical Transport for Chapter 35, Zoning, of the Pittsylvania County Code everywhere that it would apply and the terminology for Non-Emergency Medical Transport and Emergency Medical Transport is to be inserted into Special Use Permits and permitted uses as advertised. The following roll call vote was recorded: Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; and Mr. Davis-Yes. The Board unanimously approved Mr. Harville's motion. Motion was then made by Mr. Harville, seconded by Mr. Ingram, to table the proposed supplementary definition of Internet Sweepstakes Cafe, which was unanimously approved by the Board. Adjourned Meeting December 21, 2010 Unfinished Business Motion was made by Mr. Ecker, seconded by Mr. Harville, at the December 6, 2010 regular meeting of the Board, to reimburse from unappropriated funds $5,956.25 to the Altavista EMS for fuel costs they incurred while responding to calls in Pittsylvania County during the period between February 9, 2010 and June 30, 2010, and that they submit future bills during each billing cycle once Campbell County has determined which portion of Altavista EMS's fuel cost comes from calls responded to in Pittsylvania County. This motion had required a 10-Day Layover. The following roll call vote was recorded: Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; and Mr. Davis-Yes. Mr. Ecker's motion was unanimously approved by the Board. Mr. Sleeper also told the Board that Altavista EMS was purchasing this gas with the local tax exemption applied at the time of purchase. New Business The Finance Committee brought the following motions to the Board: (1) to appropriate from unappropriated funds $5,000 to the Gretna Booster Club and to approve the budget calendar for the Finance Committee. The following roll call vote was recorded: Mr. Barber-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-No; and Mr. Davis-Yes. The committee's motion was approved by a 6-1 majority vote of the Board. (2) to appropriate from unappropriated funds $35,000 to the FY2010/2011 budget for the Director of Parks and Recreation position; $53,000 to the FY2010/2011 budget for the County Attorney Position; and $75,000 to Landfill-Engineering Fees. This motion required a 10-Day Layover Also at this time a motion from Mr. Harville, seconded by Mr. Barber, to appropriate from unappropriated funds $5,000 to the Chatham Booster Club (which had been an addition to the agenda at the beginning of the Board's meeting). The following roll call vote was recorded: Mr. Ecker-No; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Yes; and Mr. Davis-Yes. Mr. Harville's motion was passed by a 6-1 majority vote of the Board. (3) Motion came from Finance Committee to the Board of Supervisors recommending the Board release its restrictions placed on the C.P.M.B August 17, 2010 to not fund private day placements; to require CPMB approval of all invoices; and documentation forwarded to the County Administrator as fiscal agent for payment; and the County Administrator will make a monthly report to the Board of Supervisors on CSA funding The Board unanimously approved the committee's motion. Motion was made by Mr. Harville, seconded by Mr. Ecker, to approve an amended agreement between the Virginia Department of Transportation (VDOT) and the County of Pittsylvania as the sponsor for the renovations to the Chatham Train Depot and authorize the County Administrator to sign all necessary documentation. Mr. Harville's motion was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Harville, to refer Item 12, Waiver of Transfer Fees to the Animal Welfare Committee, which was unanimously approved by the Board. Motion was made by Mr. Ingram, seconded by Mr. Harville, to approve the revised agreement between the Town of Gretna and Pittsylvania County that was now a simple agreement to assist the Town in guidance, logistics, planning and marketing for the industrial park, and the development of the Tobacco Commission applications for funding to support that park, and to authorize the County Administrator to sign all necessary documentation. Mr. Ingram's motion was unanimously approved by the Board. Adjourned Meeting December 21, 2010 Motion was made by Mr. Harville, seconded by Mr. Snead, to award a bid for cleaning the Pittsylvania County Jail HVAC System to Dusty Ducts, Inc, at a cost of $26,400, with $11,348 of the cost covered from a Justice Assistance Grant (JAG) the County received and cost balance of $15,052 come from the Jail's operating budget. Mr. Harville's motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Ecker, to appropriate $29,740.00 to the Clerk of Court Budget to the Clerk of Court Budget from State Technology Trust Funds. The following roll call vote was recorded: Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Barber-Yes; Mr. Snead-Yes; and Mr. Davis-Yes. Mr. Harville's motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Snead, to amend the Dewberry contract for Site Diversification Program-Phase I of the Ringgold East Industrial Park, and approve necessary topographical survey and additional civil engineering for cut and fill plus the lump sum fee of $8,200.00 to do the necessary plat for the shell building for a current industrial prospect, and authorize the County Administrator to sign all necessary documentation following approval of legal counsel. Mr. Harville's motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Barber, to approve an agreement from Dewberry, in accordance with the Tobacco Grant approved by the Tobacco Commission, to perform necessary Phase II engineering requirements for the Regional Industrial Facilities Authority (RIFA) for the Mega Park off of Berry Hill Road, in the amount of $985,500, and authorize the County Administrator to sign all necessary documentation. The following roll call vote was recorded: Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; and Mr. Davis-Yes. The Board unanimously approved Mr. Harville's motion. Motion was made by Mr. Harville and seconded by Mr. Snead, to approve a contract amendment with Dewberry for the necessary subdivision of the Cane Creek Center, totaling $10,250.00; 50% of that cost is the City of Danville and 50% of that cost is Pittsylvania County; and to authorize the County Administrator to sign all necessary documentation on the behalf of Pittsylvania County and charge it to the Regional Industrial Facilities Authority's (RIFA) General Account from reimbursements from Yorktowne. Mr. Harville's motion was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Mr. Harville, to approve additional holiday time for '/2 day and that offices reporting under County Administration would close at noon on Thursday, December 23, 2010, with Friday, December 24, 2010 already being an observed holiday of the County's personnel plan. Mr. Ecker's motion passed by a 6-1 majority vote, with Mr. Davis opposing. Added Items Motion was made by Mr. Ingram, seconded by Mr. Harville, to approve an Open Space Agreement filed by Cedars Country Club, which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Ingram, to approve a resolution from the Virginia Department of Emergency Management (VDEM) and appropriate $81,766.00 in federal funds to the Grants Program budget for the Sheriff's Department for the Smith Mountain Lake Dam Buffer Zone Protection Grant that was received from the Department of Homeland Security that is designed for Adjourned Meeting December 21, 2010 Buffer Zone Protection Programs. The following roll call vote was recorded: Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; and Mr. Davis-Yes. The Board unanimously approved Mr. Harville's motion. Motion was made by Mr. Snead, seconded by Mr. Barber, to approve Resolution 2010-12-03 and forward to the Virginia Department of Transportation, requesting that a speed study be done on the Sandy Creek Church Road, which was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2010-12-03 VIRGINIA: At the adjourned meeting of the Pittsylvania County Board of Supervisors held on Tuesday, December 21, 2010, in the General District Courtroom of the Edwin R. Shields Courthouse Addition, the following resolution was presented and adopted: WHEREAS, the Virginia Department of Transportation is charged with the responsibility of insuring that the speed limits established on these secondary roads provide both the protection, consideration of the public and posting of those speeds; and WHEREAS, Sandy Creek Church Road (SR 968) in the Dan River District appears to have a need for reduction in speed due to safety factors, heavy traffic use and congestion in a residential area; then BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors respectfully request the Virginia Department of Transportation to review the speed limit on Sandy Creek Church Road (SR 968), from its intersection at Ringgold Depot Road (SR 726) to Sandy Creek, approximately 1.06 miles. Motion was made by Mr. Harville, seconded by Mr. Ecker, to ask the General Assembly when it goes into session in January 2011, to eliminate the prison population if it's under 12% of the general population of the locality in regards to determining redistricting of a locality, which was unanimously approved by the Board. Closed Meeting Motion was made by Mr. Harville, seconded by Mr. Snead, and unanimously approved by the Board, to enter into Closed Meeting for the purpose of: (1) Closed Meeting -Discussion concerning a prospective business or industry or the expansion of an existing business or industry, where no previous announcement has been made of the business' or industry's 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 12010-08-21 Purpose: Discussion of Performance Agreement Adjourned Meeting December 21, 2010 (2) Closed Meeting -Discussion concerning a prospective business or industry or the expansion of an existing business or industry, where no previous announcement has been made of the business' or industry's 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 12010-04-11 Purpose: Discussion of Performance Agreement (3) Closed Meeting -Discussion concerning a prospective business or industry or the expansion of an existing business or industry, where no previous announcement has been made of the business' or industry's 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 12009-11-18 Purpose: Discussion of Incentive Agreement (4) Closed Meeting -Discussion concerning a prospective business or industry or the expansion of an existing business or industry, where no previous announcement has been made of the business' or industry's 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 12010-11-29 Purpose: Discussion of Incentive Agreement (5). Closed Meeting -Discussion, consideration, or interviews of prospective candidates for employment of employees of any public body. Authority: §2.2-3711(A)(1) of the Code of Virginia, 1950, as amended. Subject Matter: Additional Legal Counsel -Comprehensive Services Act (CSA) Purpose: Discussion of Legal Representation The Board unanimously approved Mr. Harville's motion was entered Closed Session at 8:42pm. Motion was made by Mr. Harville, seconded by Mr. Snead to reconvene into Open Session and call for Certification of the Closed Meeting. 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 Adjourned Meeting of the Pittsylvania County Board of Supervisors on December 21, 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. Vote Coy E. Harville Yes Marshall A. Ecker Yes Adjourned Meeting December 21, 2010 Tim R. Barber Yes James Snead Yes Williams H. Pritchett Yes Fred M. Ingram Yes Henry A. Davis, Jr. Yes Certification was unanimous and Open Session reconvened at 9:28pm. Motion was made by Mr. Harville, seconded by Mr. Snead, to retain Eric J. Reynolds as legal counsel to represent the County CSA and approve payment of mileage, not time traveled, and authorize the County Administrator to sign a letter of agreement, which was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Pritchett, to authorize the staff to proceed with the concepts of a performance agreement for an unnamed industry, 12010-04-05, which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Barber, to approve incentives discussed for an unnamed industry, 120 1 0-04-1 1, in conjunction with the Regional Industrial Facilities Authority and authorize the County Administrator to sign on behalf of the County, which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Pritchett, to authorize Staff to proceed into discussions of the proposed incentives with unnamed industry, 12009-11-18, which was unanimously approved by the Board. Reports from Legal Counsel Mr. Light informed the Board that the Honorable John Gibney, who had acted as co-counsel for the Board on recent litigations against the Board, could no longer help the Board as he has been appointed as a U.S. District Court Judge. Adjournment Motion was made by Mr. Snead, seconded by Mr. Ingram, to adjourn. The meeting adjourned at 9:40pm.