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Buckingham County Board of Supervisors Monthly Meeting July 8, 2013 At a regular monthly meeting of the Buckingham County Board of Supervisors held on Monday, July 8, 2013 at the Peter Francisco Auditorium of the Buckingham County Administration Complex, the following members were present: I. Monroe Snoddy, Chairman; Danny R. Allen, Vice-Chairman; E.A. “Bill” Talbert; Joe N. Chambers, Jr.; Cassandra Stish; Donald E. Bryan; and John N. Staton. Also present were Rebecca S. Carter, County Administrator; Karl Carter, Asst. County Administrator; Rebecca S. Cobb, Zoning Administrator; and E.M. Wright, Jr., County Attorney. Re: Quorum Chairman Snoddy certified there was a quorum-seven members present. The meeting could continue. Re: Call to Order; Invocation; and Pledge of Allegiance Chairman Snoddy called the meeting to order. Supervisor Talbert gave the invocation and the Pledge of Allegiance was said by all who were in attendance. Re: Approval of Agenda Supervisor Talbert moved, Supervisor Stish seconded and was unanimously carried by the Board to approve the agenda with the following addendum: F. Approval of Claims-Wampler Eanes Appraisal Group $13,050.00 G-1 Public Comments Buckingham County Board of Supervisors July 8, 2013 Page 281

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Page 1: Buckingham County - Welcome Minutes/2013/jul… · Web viewI don’t care if it’s 2:00 in the morning or 3:00 in the morning. You are right. Most of it is done in the morning. I

Buckingham County Board of Supervisors

Monthly MeetingJuly 8, 2013

At a regular monthly meeting of the Buckingham County Board of Supervisors held on Monday, July 8, 2013 at the Peter Francisco Auditorium of the Buckingham County Administration Complex, the following members were present: I. Monroe Snoddy, Chairman; Danny R. Allen, Vice-Chairman; E.A. “Bill” Talbert; Joe N. Chambers, Jr.; Cassandra Stish; Donald E. Bryan; and John N. Staton. Also present were Rebecca S. Carter, County Administrator; Karl Carter, Asst. County Administrator; Rebecca S. Cobb, Zoning Administrator; and E.M. Wright, Jr., County Attorney.

Re: Quorum

Chairman Snoddy certified there was a quorum-seven members present. The meeting could continue.

Re: Call to Order; Invocation; and Pledge of Allegiance

Chairman Snoddy called the meeting to order. Supervisor Talbert gave the invocation and the Pledge of Allegiance was said by all who were in attendance.

Re: Approval of Agenda

Supervisor Talbert moved, Supervisor Stish seconded and was unanimously carried by the Board to approve the agenda with the following addendum:

F. Approval of Claims-Wampler Eanes Appraisal Group $13,050.00

G-1 Public Comments

K. Committee/Commission/Agency/Department

K-8 Sonny Grey, Buckingham County Rescue Squad

N. County Administrator’s Report

N-10 Approval of 12 month extension of Storm Water Management

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Q- Executive Session

Code of Virginia, Section 2.2-3711.A.7 Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; and consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel.

Re: Approval of Minutes

Supervisor Staton moved, Supervisor Talbert seconded and was unanimously carried by the board to approve the minutes as presented.

Re: Approval of Claims

Supervisor Stish moved, Supervisor Talbert seconded and was unanimously carried by the board to approve the claims with the addendum of Wampler Eanes as presented.

Re: Announcements

Talbert: Not an announcement, just a statement. It is really my pleasure to have my son with me tonight. I don’t know if any of you went to school with him and all but it’s just good to have him. He came in Saturday so we are going to have a good week. My son Allen. Stand up, Allen.

E.M. Wright, Jr.: I know it’s a little odd for me to be speaking during announcement but I thought it an appropriate time to do it because when we get down to the County Attorney part of it, the crowd has dissipated a little bit. I know it’s not a particular topic that anybody is interested in but I thought I’d mention it anyways, it deals with the hunting ordinance. I want to let you know that has gone to the Department of Game and Inland Fisheries to be reviewed however over the next little while we are going to be working with them to make sure they understand the intent of the ordinance and whether they have any suggestions to tighten up the language to make it clearer and I just want to make the Board aware that is going to be happening. The second part is we need to make sure we understand that this will NOT be in affect this fall. What we currently have will be in affect this fall so we have a little time to have reflection on it. Sometime down the road a little further we will report back the status of it and whether or not we need to tighten the language of it or do anything like that. I thought it appropriate to make you aware of that and hopefully make the citizens understand that that issue is with the Game and Inland Fisheries and there will be some further conversation.

Investigator Brent Uzdanovics: The Sheriff’s office would like to bring the K-9 in. He’s up and running now and is certified and we would like to show him to you real quick. Everyone please stay seated.

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Talbert: For the citizens that don’t know, Mr. Chairman, I think we should tell them. The Board appropriated the money to buy this K-9. It’s going to be helpful to our Sheriff’s Department.

Officer Erik Bryan brought in the K-9.

From the audience: What’s his name?

Officer Bryan: Nero

Stish: What are his specialties?

Officer Bryan: He is trained in Narcotics detection, tracking and obedience.

Staton: He’s already seen some action hasn’t he Officer Bryan?

Officer Bryan: Yes, sir. I stopped a car in Glenmore and he found some marijuana and then another on Thursday evening.

Stish: Welcome to Buckingham Nero. What breed is he?

Officer Bryan: A Belgian Mali mar. He’s from Holland and was shipped over here for law enforcement and military purposes.

Smith: Does he take his commands in German?

Officer Bryan: Dutch.

Stish: How many officers are working with Nero?

Officer Bryan: Just me.

Stish: Will that be usual or will there be more than one to get trained?

Officer Bryan: One handler at a time.

Stish: Congratulations to you both.

From the Audience: Does he have his own sofa?

Officer Bryan: He stays outside. He’s not an inside dog. He’s kind of like a bull in a china shop. He stays in his pen outside. I’ll let him in sometimes when it’s hot and I’m home by myself because I’ve got five little one’s at home. He’s not mean to them but he’s so big he knocks them over.

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Stish: Thank you for bringing him in.

Re: Public Comment

Melissa Headley Smith: Good evening. That is going to be a hard act to follow. My name is Melissa Healey Smith and I live at Stoney Brook Farm on Route 60. 1925 W. James Anderson Hwy, Gladstone, Va 24553 and I live in District 5. I have 3 topics to discuss this evening. First a very belated thank you to Mr. Staton and Mr. Bryan for the Town Hall meeting they held last July. The contribution of your private time demonstrates a deep interest in the residents of Buckingham County. Although I do not reside in your districts, I felt welcomed. When you schedule another meeting, I will be there.

A second commendation goes to Mr. Carter, Mr. Bryan and Mr. Staton for their research, information and presentation concerning Van Der Linde. Reducing waste and recycling is decades old. I was required to teach this global need back in the late 80’s to students. Waste collection and recycling is listed as one of the top five expenditures for this county. I ask you to continue to research this topic and bring more data before the public and the Board of Supervisors.

The third and last topic concerns the health, safety and welfare of the residents as well as aesthetics and land values in the County of Buckingham and the Commonwealth of Virginia. We live 1 ½ miles east of the Appomattox County line on Rt. 60 and the drive we make to Sprouse’s Corner several times a week is about 18 miles. Recently Rt. 60 was designated as a scenic byway. When we moved to Buckingham in 2007, this portion of Rt. 60 could almost be described as pristine. Now there are several Zoning violations and unsightly dwellings that all dwellers can see.

Heading east on Rt. 60 from our farm close to the West Vaco wood yard, there is an abandoned, gutted house trailer. Insulation litters the yard and all the aluminum has been removed. There is no 911 number for this place.

Continuing east on Rt. 60 at 6757 W. James Anderson Hwy, there is a camper park. There is a 12 x 16 outbuilding, a gazebo, three campers, a car, a table and other miscellaneous items crowded on a 50 x 50 pad. A lady resides in the outbuilding. There is water and electricity but I’ve heard from a reliable source that human waste is dumped on the ground. This camper park has been set up for about three years.

Continuing east on the scenic byway, 7009 W. James Anderson Hwy near the corner of 646 and 60, there is a small abandoned trailer that has been scavenged. The yard is very overgrown and is unsightly.

On the opposite side of the road, 7060 W. James Anderson Hwy., a home burned to the ground several years ago. All that remain is the cinderblock walls. The lot is neglected and overgrown.

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The next residence 10365 W. James Anderson Hwy. near the west end of Alcoma, appears to have been abandoned for more than a year. The once beautifully maintained yard is now overgrown and unkempt. Next door is an abandoned store. I believe it’s called the Sportsman’s Store. That is in disrepair and unsightly.

Next is Metal Movers. The fence they were required to install only calls more attention to the blithe. There has been no activity at this business for several weeks.

The last on the list is All in One Detailing at 13853 W. James Anderson Hwy. east of the historic Buckingham Courthouse area. Multiple cars litter the small parking lot and various sale items sit at the edge of the road. I have never seen the owners detailing a car, but the two bays are open with cars inside and the hoods are up. This business doesn’t seem attractive for outside the historic area.

The eight problem areas are within a 12 miles stretch on Rt. 60. A scenic byway. With exception of the Sportsman Store, none of the problems existed or they were simply not a part of the community prior to June of 2007. I’d estimate they really started to exist or come about in 2009.

I would respectfully request that the Board of Supervisors and the County Administration take steps to remedy these zoning issues as they are a health, safety and welfare issue to the residents of Buckingham County and detrimental to our land values. Rt. 60 is a well traveled road for folks going to James River State Park, and further tourist destinations in the Commonwealth.

I would also note that House Bill 1978 gives counties the right to clean up blithe and to charge the owner and to put a lien on the title. This bill went into effect July 1, 2013.

I thank you for your time.

Re: VDOT Road Matters

Scot Shippee: Before we get into the Six Year Plan, I just wanted to give you a couple updates of what we’ve got going on right now within the County. Currently our headquarters are mowing secondary routes, trying to get that cleared up. Pretty much as soon as they finish that, they will start on primaries again.

Rt. 700, the intersection project, the contractor has moved in and began work on that. VDOT crews are beginning the rural rustic portion of Rt. 700. We hope to have that wrapped up before school starts.

The last update I have for you, we anticipate a public hearing for the Slate River Bridge replacement project on Rt. 20. My understanding is that public hearing is scheduled for September 10th. That is an $8.5 million bridge replacement project. It has an ad date of 2015.

Any questions or comments for me before we go to public hearing?

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Stish: I’ve had several questions about the striping on Rt. 56 that’s been resurfaced. The temporary markers are still in the middle and it’s partially striped. It appears that all the activity has gone away.

Shippee: My understanding is that there were some issues with the contractor and we are trying to get that done. It is still in process. I don’t have a date for you of when that will be done.

Bryan: Thanks for taking care of that drainage problem.

Re: Public Hearing: Proposed Secondary Six Year Plan for 2014-19 and the Secondary System Construction Budget for FY2014

Shippee: You should have a copy of the draft six year plan. If anybody in the audience would like to see it, I have a few extra copies. State Code requires us to have a public hearing on this. Because of the timing of the transportation bill, we are a little bit late getting it to you this year. We didn’t have a chance to have a workshop. There is not going to be a lot of funding available based on what we’ve seen so far. The district got this out and if you flip over to page 2, there is a list of projects on here. Some are under construction or are being completed. Rt. 700 is currently under construction. Rt. 697 and 636 are both Rural Rustic Projects and they remain on the six year plan because they have not financially closed out. Once they financially close out they will drop off this plan. Because of the Governor’s Transportation package we were able to add one road to the Six Year Plan and that was Rt 720, Georgia Creek Road because it met the criteria of over 200 vehicles per day. Other than that, that is where the Six Year Plan is right now. We are looking for the Board’s approval of the Plan this year if possible so we can begin to focus on getting some things added to next years plan with additional funding because of the funding that has become available because of the Transportation package. We probably need to have a sit down workshop and look at the activities and see what we can actually add to the Six Year Plan now that we are going to be having some money coming back in.

Chairman Snoddy declared the public hearing open for public comment.

District 1: NoneDistrict 2: NoneDistrict 3: Alfreda Wolfred, I live on 683 at the corner of 15 and 683. We have a visibility problem with pulling out from 683 on to 15. We’ve requested frequently for tree limbs to be cut. So far it has been promised but has not been done. We would like for somebody to check into this so there will not be an accident or something happen badly on that corner. District 4: NoneDistrict 5: NoneDistrict 6: NoneDistrict 7: None

There being no further comments, Chairman Snoddy declared the public hearing closed.

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Supervisor Stish moved, Supervisor Bryan seconded and was unanimously carried by the Board to accept the Six Year Plan as presented by VDOT.

Re: Designation of Property for the Purpose of a Buckingham County Library Building

Carter: In 2010, the Board of Supervisors voted to designate 3.233 acres for the construction of a new library building in the industrial park next to the industrial building that is now the Central Virginia Christian School. The library is requesting to exchange that designation for the new designation in order for the building to be more visible and to reduce overall site development expense.

This hearing is being held regarding the designation of 3 acres of a 5.83 acre tract of property being described as a portion of a 5.83 acre tract known as 138-15, Deed Book 179 Page 351 in the Buckingham County Land Records and is part of the Buckingham County Industrial Park. This property fronts 1003 Main Street and is accessed from the Industrial Park Road. Public Utilities are available at this site.

Chairman Snoddy declared the public hearing open for comments. Ivan Davis: I’m Ivan Davis and I reside in District 4. I am the Chairman of the Building Committee. Mrs. Carter did an excellent job of summarizing why we are here and I just want to reiterate that this is a nonprofit group. We are doing fund raising. Frank Howe is Chairman of the fund raising committee. The movement of the library had gotten so big that one person couldn’t handle it anymore so they subdivided it into two groups, the fund raising group and the building group. As you can tell, there are quite a few people and they will probably be up here talking to you in a little bit, but how much we do appreciate your support and how much this change would really help our effort. This is a much more desirable site. I think that it’s obvious that the group is up and running. I’m new to the group. I just got involved a month or so ago. These people have been working for years to get where they are. They are fast moving to having a building that is going to be a tribute to our county. It will be on Main Street, USA., an addition to the industrial park. I think it’s a win win for everybody if we do this. We won’t look a gift horse in the mouth. You were nice enough to give them something but this would be better and it’s a better deal for everybody from where I sit on this.

Bryan: How much more money, Mr. Davis, would it take if you stay where you are?

Davis: We are in the developmental stage. We are testing. We haven’t even put a bore into the ground yet. It’s just by looking at the ground and looking at the ground this year as wet as it is. There are springs in the area and we know that we would not have to put as much into site development. Site development is going to be a significant cost where we are versus going to a higher ground and a better drained area. We won’t know until we actually start doing the testing. So before we commit anymore money into testing and development we wanted to see if we could move it somewhere better.

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Carter: Perhaps to explain a little more where insight is better than hindsight, when we built the building in the industrial park, the engineer didn’t do enough testing and we ran into shrink swell soil after we started the building which cost a lot more money because the soil had to be taken out and new soil brought in so there is a possibility that because of those springs that you would run into more problems.

Staton: Mr. Davis, would you all be interested in another property in another location?

Davis: I’m not at liberty…that’s a committee decision. I would say they might be. Depending where it is. Visibility is going to be a big thing in fact that they are trying to fund raising to have private money so not to have to come to the county for money so visibility is…we have to look at that. But again, I can’t…Frank Howe is here tonight, he might be able to address that. Maybe someone that may have been involved in this longer than I have. Staton: The reason I brought this up is the surface of the ground it appears to be a better location. You are not going to know until you test bore it. You might run into the same problems. I would suggest possible another location, visible or whatever, would be a better alternative all together in general cost.

Davis: I think the board would be all ears to hear what you all have in mind. We just know it would be simple on the same parcel of land just switch to the other side we knew we were getting away from a problem. Like I said, we won’t know until we actually do testing. They have acquired funding through a grant to do the testing and that’s the money that we are doing. We have to commit to do this before the grant expires. I’m not sure when that is but we have to get on with site development and have the documents drawn up.

Allen: Did you have another location in mind?

Staton: I have several but I haven’t talked to anybody. I don’t know who owns them.

Allen: I thought you had something.

Staton: No. The total scope of the thing would be other county land and I haven’t talked to Mrs. Carter to know if that is available or not. It would be visible.

Talbert: I would like to see the library built. Financially I don’t know how to do it unless Supervisor Allen can talk to his brother who was going to put a restaurant right below Advanced store. It would be an ideal place. You are right on the main drag. I don’t know what the cost would be. It would be an ideal location.

Davis: I’m on the construction end of this. I don’t know about all the politics. I’m sure that would be very nice but we have to go where we can get property that we know we can afford.

Stish: Is there any harm in approving this change and you can do some testing and determine whether or not the site is actually suitable and could fit into your budget?

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Davis: That would work.

Stish: It’s no harm no fowl in my opinion to switch the parcels and let them proceed.

Carter: All you would be doing is designating it. It depends on when its all said and done when the library is built and then the property would be transferred. But its more or less a designation. So if it doesn’t work, we can look at other alternatives.

Talbert: I’m going to support it.

Bryan: My concern is the soccer fields. If you drill there and you find out that you can’t build there or if you have to do extensive work on it. If you are going to do that, then do it on the original site and leave the soccer fields intact for the kids.

Stish: It’s a visibility problem or accessibility question for a library.

Davis: When test borings are done, they are not very…

Staton: intrusive.

Davis: Yeah. It’s done and put back and you never know it was done. It’s not going to come in and destroy the look. But if it does determine that that is a good site, the library will be proceeding with fund raising. It’s going to take them a while to come up with the rest of the money even though they are making significant progress. Then they can start looking for a soccer field.

Stish: Someone mentioned soccer fields last time and somebody said that there were more fields being installed at Gene Dixon.

Carter: Yes, Todd should be bidding out the next phase soon. But they are baseball fields.

Stish: Can you play soccer on them?

Bryan: No.

Carter: The lot beside the recycling center, would that be alright for soccer? The site for soccer is temporary because the site is always on the market.

Stish: That would be a good field. You won’t have all that through traffic there actually. That is a concern for parents with Main Street.

Frank Howe: Good evening. I’m Frank Howe. I also reside in District 4. I won’t take up a lot of your time but I too would like to speak in favor of this motion. A library is a facility in a community that I think speaks to the heart and vitality of the community. I think it’s really

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important that we as a community make a commitment to this process and to the building of a new building. Not just for us but those outside that look at the county and say what do have to offer. I think it really is important that we put this building somewhere that will serve us well in the long run. I am sensitive to the issue of the soccer field and I see that as an important issue but at some point, if that land is usable, its going to be used in some way and I think this is the way to do it. I really want to encourage you to support this so this project can move forward. Thank you.

Spencer Adams: I am Spencer Adams and I also live in that same district. I want to just put emphasis on what Dr. Howe just mentioned. We have come a long way in this county with the structures that this county has put into place. This building as an example. The school projects that have taken place. We are moving in the right direction. You all deserve a lot of the credit. Now let’s take another step and keep going. I want to mention that we do have as was stated earlier, a number of fund raising activities coming up. The first is on the 10th of August from 7 to 9 at the Historic Village. We will have a Music Fest. On the 24th of August, for those motorcycle enthusiast in the county, we will be having a poker run as a fund raising activity. We are planning some fund raising activities at the Farm Festival at the Village in October. On November 2nd we will have another fund raising dinner scheduled to be at the Middle School. We had tremendous success at the dinner before and we hope to have the same this time. We are trying to reach many different parts of the community as far as support. We’ve got a very active group working on this. As stated earlier, we have put a lot of effort towards this and we are not going to let up on the effort. We just ask that you help us on this as you have in the past and let us move forward so people can look at what it’s going to be. Thank you for allowing us to make these comments.

Quinn Robinson: Good evening. My name is Quinn Robinson and I live in the Andersonville area and Mr. Staton is my representative on the Board. This situation with the land is both a problem and a blessing. The energy to move forward with the library sort of got a spark when the land was designated. Clearly I don’t think anything could have been done with that land. It is clear to me and I don’t have any background on engineering and construction that it was a swampy area. It wasn’t fit for it. This is going to be a signature building for the next several generations. We are coming up on the 30th anniversary of the library that’s up on Main Street. That’s an important date. It’s truly a creation of the entire county. It’s been supported and worked on by people in the county in many ways. Location is secondary really to your continued support. As they say, they are going to try to do this with private money. I just don’t see how it’s possible. $3 million and they’ve gotten $100,000 over 2 years. I’m not good at long math but if that progresses at this rate, it’s going to be 60 years before we break ground. Clearly that’s not realistic or appropriate. This is also an aspect of economic development. Every job in the state now, you have to file electronically. Most of them I think. The library could be key in providing that service and resource to get people off of unemployment and employed and growing. The whole thing is so dynamic that it merits your support. I appreciate what you’ve done but you really need to examine the context of what is happening now with money for bonds. Is this as cheap as it’s going to be? Don’t pass up this opportunity. The land is important but secondary. It’s more important to have the funding to build this. The library has been struggling with this for a long time with a lot of debate and a lot of effort. The various

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boards, it’s very complex and I won’t get into it but they deserve the credit for what they have done. It’s clear that there is a limit…I have been told this is one of three jurisdictions where a private group is trying to construct a library. It seems to me that this is an important thing for the county and should have the county’s backing and should have the services of the excellent staff and the people that know about borrowing money. Check state regulations, do the whole thing in a first class job. It’s going to be there for 50 or 60 years. We deserve the best. We’ve always tried to get along by patching things together and getting by. Let’s make it a first class effort which I think it will be eventually but I don’t think all of us want to wait that long. The importance is even greater to those who don’t have jobs and need the resources the library could provide. Their need is immediate. So please consider that in your deliberations. The change of the designation is fine but I think that Mr. Talbert’s suggestion of that site is great. Be flexible and see what can be done with the money to secure a location and to build a facility. By all means, look at it as a resource and something that we can be proud of. Thank you.

There being no further comments, Chairman Snoddy declared the public hearing closed.

Talbert: If we waited another month until next meeting to have some of us talk to Mr. Allen and see what the situation is there and what we could do. I would love to see it there. I didn’t want to vote against the library with the first location and I don’t want to vote against them for the second location but I still think, as Mr. Robinson pointed out, economic development it will be better off up there on 15 than on Main Street. Would it hurt to just wait until the next meeting and I’ll be glad to talk to Mr. Allen. It came up to me and I’ll talk to him to see what the possibilities might be.

Stish: Would it hurt to just go ahead and give the designation even though they are going to explore other options?

Bryan: Yes, go ahead and pass it tonight, Mr. Talbert and then if they find the land on 15 is reasonable and they want to change.

Stish: It’s up to them. We can’t make that decision.

Bryan: Would you be willing to do that?

Talbert: Yes, I don’t have a problem with that if they would be willing to try and acquire that. We might have people that may donate money to help buy that. Go by the library in Farmville, you go on the main drag. Most all your libraries can be seen. I know you go right down that road at the stop light. I’m not against the library.

Bryan: You just want to see a more attractive location.

Supervisor Bryan moved, Supervisor Stish seconded and was unanimously carried by the Board to designate the land that the library has requested.

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Re: Public Hearing: Request for Special Use Permit: Case 13-SUP-218 National Communication Towers

Cobb: This is an application for a Special Use Permit for a 195’ telecommunications tower located on Tax Map 123, Parcel 3 Lot 0C, containing an approximate 28 acres off of Rt. 631 Troublesome Creek Road in the Maysville Magisterial District.

The Planning Commission held a public hearing on May 28, 2013. During the public hearing one person spoke asking to move the location of the tower within that parcel. One letter of opposition was read during the hearing.

I would just make note that the Planning Commission recommends approval with conditions. One of those conditions was added by the Planning Commission concerning the location of the tower and hopefully appeasing the concerns of the one person that asked to move that tower.

Are there any questions for me at this time? The applicant is here and would like to do a short presentation.

Steven Gallagher: Good evening. I’m Steven Gallagher with National Communication Towers. Also present here this evening are Elliot Harrigan & Al Doss.

This is for a Special Use Permit to construct a 195 foot monopole tower for wireless communications. Tax Map 123-3-0C. Quickly about National Towers, we were founded in 1997. We’ve constructed 38 operational towers in Virginia, and we average about 3 carriers per tower location. We think that speaks pretty well to our ability to be able to properly locate a tower where it’s not just in need by a carrier, but by multiple carriers. We have 12 additional towers that have been permitted and have 19 successfully zoned towers in other counties in the state. We do not build towers without a signed lease, and our facilities are designed to facilitate the deployment of a communications network for wireless phone service, public safety systems, and high speed internet access.

This is gonna be a 195 foot monopole tower with a 4 foot lightening rod. As such, it will not require lighting per the FAA. Again, the location is off of Troublesome Creek Road, approximately 6/10ths of a mile north of its intersection with Route 60. The tower compound itself will not be visible to any travel corridors.

This is a view of a typical monopole tower, and the typical type of equipment shelter you will see inside of the fenced in compound. The site is setback from Troublesome Creek Road approximately 850 feet, and the compound itself which sits at the base of the tower is completely screened from all the travel corridors. We have our typical 30 foot ingress/egress utility easement, which is a stoned access road basically. The lease area is 125 feet square, and it’s a fenced area of 80 feet by 90 feet. So everything would actually sit within that 80 feet by 90 feet. And we estimate that once construction activities are done that the tower, when and if it’s fully collocated on would experience approximately 8 to 10 light vehicle trips a month.

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A visibility study was done on the site. This is the aerial view and the visibility study of the troublesome creek tower site. It’s actually very well situated for minimal visual impact once the tower will be erected. The first photo is just to show you right here at the access road what you would see when you basically pull into the site. Then you’ve got the second photo south of that location and the third photo just north of that location, which will be in just a moment. This is the first photograph at the access road, so you’re standing to the west of the tower looking back to the east, so you will actually have to look through the trees to see it at that point. You’ll see it peak just barely above the trees. This is near 898 Troublesome Creek Road, so you’re looking back to the northeast to the tower. You’ll be able to just barely see it peak out above the trees. It was such a small image there that even the enlarged view of the photo simulation just barely shows it. And this is standing from the northwest of the site looking back to the southeast, from approximately 1635 feet away on Troublesome Creek road. You’ll be able to see it for a short distance there as you travel down the road.

This is a survey of the property. As you can see, this would be the access road coming in here, and this square denotes the 125 by 125 lease area, and the small triangle in the center is the tower center point. Currently as it’s designed, the tower is engineered using what’s called breakpoint technology and it’s specifically engineered so that if it ever were to fail, it fails at a specific point and collapses within the lot lines of the existing property so that you would not have, in the event of a failure, the tower falling over onto someone else’s property, or blocking their ingress/egress into their property. We’ve tried to always think ahead on those sort of situations and to see if we’ve needed to implement that technology and incur that extra expense for a factor of safety, which we have done at this site.

As you can see, Verizon has already approved this site. We’re showing their location within the compound. They’ll be in that sort of front right-hand corner as you approach the compound. This is just to show you, this was their original letter of intent. The lease is currently being redlined and reviewed, and it’s out for signature on their end to finalize, so that they can move forward with their activities if and when we receive approval on this tower site.

This is just showing you the search ring map that was also submitted to CityScape, the County’s wireless consultant who has actually approved this tower, or recommended this tower site for approval, after his review of all the documentation.

This is the RF Propagation study map. The Troublesome Creek site is right here in the center of this image. It’s kind of hard to read because it’s on such a large scale, but this is with the tower site turned off and you can see that there’s quite an area here in the center of this map where there’s very poor coverage and signal strength. And this is a map, and these are generally somewhat conservative views of what the coverage may be expected to be once that tower site is built and once those antennas are powered on. So you can see that it does a really good job of filling in that gap there, in this general area that we’re standing right now in.

Potential customers for this tower site, all of which have been contacted, are AT&T, Sprint, NTelos, T-Mobile, Verizon Wireless (which we stated earlier, their lease is actually out for signature), CVALINK (which is a wireless broadband provider), and US Cellular.

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This just is a slide, just to give you a general idea of what upload and download speeds you might expect depending on a couple different factors—you know, the distance and that sort of thing you are from a tower once those antennas are up, if you get a high-speed broadband card to plug into your laptop or your home computer.

In summary, the tower will not be lighted. The travel compound isn’t visible from any travel corridors. Obviously, the top section of the tower is from a couple different spots on the road there. It’s positioned to hand off to the Verizon, Alltel, and Clear Signal Towers to the west, and the Verizon tower to the east. It will provide high-speed internet service to the surrounding community, which does open up a lot of access to educational opportunities for folks. It has been reviewed and recommended for approval by CityScape Consultants, and one location on the tower and compound will be available rent-free for Buckingham County.

Staton: What is the size of that space?

Gallagher: That is something we can work with you on. The typical size of a leased space is around 12 x 30; 10 x 13; 10 x 16. It just depends on what the requirements are for the equipment that has to go in the space. Verizon Wireless for example needs a 12 x 30 on the ground and one red center on the tower.

Staton: As it relates to the County?

Gallagher: It would have to be determined by the county’s needs.

Staton: But there is enough space available, right?

Gallagher: Yes. There is space available in there on the ground and space available on the tower also for the county for emergency services.

Also, as we’ve been successfully siting towers in the County, just to give you all sort of our progress report on our tower sites to date, as far at the Curdsville tower site is going, we’ve received RF approval on that and we’re moving towards the leasing phase of that site. And we’re projecting that if all goes as planned, that Verizon Wireless will be installing somewhere in the neighborhood of the first quarter of 2014. Rosney Creek, that monopole there just over the county line, they’re nearly complete with their AT&T equipment installed. You’ll be seeing that up on the tower very shortly, and hopefully powered up not too far behind that. Rosney Creek is also in review by Verizon Wireless, and we’re hoping that those will turn out to be positive developments and possibly get you a second wireless provider on that tower site. Gold Hill, that site is under construction currently. We have RF approval by Verizon and we’re projecting installation of their equipment by first quarter 2014. Troublesome Creek, the one we’re speaking of here tonight, we already have RF approval on that, we’re finalizing a lease, and we’re projecting installation by the second quarter of 2014 on that tower. And Shepherds is another tower that we built in the County, and AT&T installed on that site back in 2010. So, we just wanted to give you guys kind of a quick NCT snapshot of how things are progressing with the

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towers we’ve been involved in to date. If there’s any further questions or discussion, I’d be happy to help answer your questions.

Talbert: I don’t have any questions on this tower, but after this, I’d like to make a statement to you and Al. I’m going to support this tower but I do have a problem with what’s going on otherwise.

Chairman Snoddy declared the public hearing open for comments.

Charles Smith: I’m Charles Smith and I live at 700 Troublesome Creek Road. I am the nearest adjoining land owner. I am giving to you what I gave to the Planning Commission. I am concerned about the closeness of this tower to my power lines and my access to my property. The road and power lines are just 150 feet from the base of the tower. If it were to fail the tower would come down, it would not only tear down my power lines but my farm road. If the tower were to come down it would cross all the way over to the tree side of my road. At the Planning Commission meeting it was clear and perhaps had documentation that the fault point was 155 feet from the top. So if the tower failed, at that height, we would still have 155 foot pole that would come down and would still come down in my road and cut my power. I appreciate the condition the Planning Commission has offered. The pole as designed right now, to me, doesn’t appear to meet that condition. Thank you.

There being no further comments, Chairman Snoddy declared the public hearing closed.

Stish: I’m assuming this is the condition that was approved by the Planning Commission. We didn’t get the Planning Commission minutes this time. Sometimes we get them but this time we didn’t get them so I don’t know the conversation that happened. Could you explain, did you guys change the site, did you move the tower on the site?

Gallagher: It was one of the conditions to revise the fall zone from within the property line to within the 125 x 125 lease area.

Stish: So if it falls, it will be in your lease area. So it is the cellular industries recommendation that it will not impede the roadway?

Gallagher: That’s correct. The tower is designed with breakpoint technology. It’s designed with a specific connection which is an engineered weak point in the tower so if you were to get winds, we have a 60% more design capacity than is required, but if you every get winds that were able to break that off then it will fall at that designed point. The entire tower doesn’t fall like a tree does. It basically folds over on itself. It might not even separate. Typically they will fold over and just hang. But if it does separate, the engineer is still saying that it would fall within the lease area.Stish: I just wanted that clarified for the record. Obviously the tower would have to be fixed. I know you couldn’t just leave it. What is the turn around time if the tower was to get damaged?

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Gallagher: Normally if a tower would get damaged we would immediately go through emergency protocol and make sure everything was safe in that area and then contact the manufacturer and get the entire tower inspected by a certified engineer to see if it can be repaired or if the entire tower would have to come down. They would also inspect the foundation and the bolts and everything completely.

Supervisor Talbert moved, Supervisor Allen seconded and was passed with a 6-1 vote with Supervisor Staton opposing to approve 12-SUP-218 for National Communications Towers with the following conditions:

1) Tower shall be constructed to support a total of no less than six (6) wireless servicesproviders of like antennas and feed lines.

2) The applicant attests that all feed lines and cables shall be installed within the monopolestructure.

3) The applicant provides the County with the required NEPA and SHPO documentation4) Monopole structure shall be maintained with all ports being sealed to prevent

habitation of birds and other wildlife.5) That all federal, state and local regulations, ordinances and laws be strictly adhered

to.6) In the event that anyone or more of the conditions is declared void for any reason

whatever, such decision shall not affect the remaining portion of the permit, whichshall remain in full force and effect, and for this purpose, the provisions of this arehereby declared to be severable

7) That any infraction of the above mentioned conditions could lead to a stop order anddiscontinuation of the special use permit, if it be the wishes of the PlanningCommission or Board of Supervisors.

8) The County Zoning Administrator and one other County staff member, as appointedby the County Administrator, shall be allowed to enter the property at any time tocheck for compliance with the provisions of this permit. Upon entering the propertythe inspectors shall attempt to notify the landowner of their presence on the property.

9) If the building permit is not obtained within six (6) months from the date of approvalthen the Special Use Permit shall be null and void.

10) That the applicant (s) understands the conditions and agrees to the conditions.11) Tower shall not be constructed until Ii tenant is ready to locate on the tower

immediately after building.12) The construction of the tower must be complete within 2 years from the date of

approval or this permit will be null and void.13) The tower shall be constructed to fall within the lease area upon failure. Upon seeking

a building permit, the applicant must certify and provide construction plans showingthe break point technology.

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Talbert: Mr. Chairman, I’d like to make a statement since the officials are here. This is the last one I’m going to vote for until yall start putting them in rural areas in the county. It’s not fair to the citizens of Buckingham County that we have to walk around the house, my son today was standing up on a stump trying to get service. I’m not going to vote for anymore. This is Rt. 20, 15, and 60. You are trying to get the 60, 15, 24,… let’s get into the country. God help us if the light company didn’t give us electricity and telephones in the country. Yall should be just as responsible as they are to come into the country. I can give you a 5 miles radius and give 300-400 homes that would get service where they are not getting service in my district. I wish yall would work on it. I’ve talked to Al and he’s a fine man, you’ve got a fine employee but the fact of it is that somebody…I don’t know about my colleagues, I haven’t talked to them. I don’t know how they feel. I’m only one man. The other six might vote me down. I would like to see some studies and get out in the country. Put some of these things in the country. As a matter of fact I had an offer last night. It’s not my land. It’s the children’s and my land. If they would just come up there and I think it would be a perfect location. I would give you free lease on it. I know you have to pay something. I don’t know, $500-600-1,000 whatever it is. I don’t know what it is. Get it to the people in the country that needs it. People are paying $30-35 a month, I don’t have any idea what I’m paying. I wish yall would do some research. Don’t try to stick on these roads. I mean we live out there and deserve service from these cell towers as well as anybody that’s on 60, 24, 15 or wherever.

Elliot Harrigan: Good evening, members. I am Elliot Harrigan. I’d like to respond to Mr. Talbert. I know you are concerned. You have expressed that to us before. I handle the leasing with the wireless carriers. I know there is a need to cover a broader area of the county but that is something that we as the tower developer do not have any control over. That is up to our customers. At this point and time their objective is to cover the corridors. They do, when I talk to them and we speak to them regularly, they realize there is a need but from the local regional office which covers central Virginia to 81 to the North Carolina line to Virginia Beach, they say right now the funding they have is for the major highway corridors. They would like to obviously cover that.

Talbert: Can I save us some time, if all the rest of the board members went with me, Prince Edward, Cumberland and all the counties around, yall would change your mind. That’s all I have to say. I don’t know what they are going to do. I don’t have any idea of what my colleagues will do. I’m not asking them to support me. I’m just telling you how I feel about it. If all the counties would go with what I said, yall would change your mind. Yall would be going out of the state because yall would be losing money. There are thousands, hundreds of thousands of people that can’t get access to it. If you get somebody riding from state to state that’s fine, they are not paying taxes in Buckingham. But these people out here do.

Snoddy: We’ve got the man speaking. Let’s let him.

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Harrigan: I was trying to say that our business is to find the holes in coverage and develop the infrastructure that the wireless carriers need. The carriers are like any other business and they have a limited amount of capital and they are slowly but surely expanding their network to provide more coverage to a greater number of people. I know it’s not quick enough but those are the constraints that we have unfortunately. I will certainly convey your comments and concerns to Verizon and AT&T and I have done that before and that is what they told me. Thank you for the opportunity to explain.

Re: Introduction NCT-SUP Request 13-SUP 219

Cobb: Yes, this is Case 13 SUP 219. Application by National Communication Towers for a Special Use Permit for a telecommunications tower. The tower is proposed as a 195’ monopole. This is located on Tax Map Sections 158, Lot 13, containing an approximate 189 acres off of Rt. 746 (Toga Road) in the Francisco Magisterial District.

The Planning Commission held a public hearing on June 24, 2013. At that time, City Scape Consultants as well as myself recommended denial due to an incomplete application. Since that time that has been remedied. I received a letter from Cityscape today recommending approval with conditions. Tonight I would ask that you schedule a public hearing regarding this case. There will be another set of conditions at your next meeting.

Supervisor Stish moved, Supervisor Bryan seconded and was unanimously carried by the Board to set a public hearing regarding 13-SUP-219 National Communications Towers for 7:15 p.m. on August 12, 2013.

Re: Update on the Review of Comprehensive Plan and Ordinances and Consideration of a Work Session

Cobb: This is just an update on the Comprehensive Plan and Ordinance Review that we hired Chandler Planning and Berkley Group to do. I have provided you all with a preliminary report and they are asking that you provide them with any feedback by July 10th. You can contact them directly or you can let me know and I will email them the information. I would be happy to give it to them. They anticipate having the final report by July 31st and after that they would like to come and present that information and discuss it with you. I have suggested that we meet at the Planning Commission work session which is August 19th at 7:00 p.m. if it suits your schedules or you may propose another date as well.

Stish: At the work session. First of all I would like to say thank you to everybody that participated. I was really happy to see the detail from the report from them. Recognizing my own comments in there and how well they captured them gave me great confidence that everyone else’s was being captured just as carefully. The diagnostic apotheosis is all at once exciting and frightening. So yeah, I think some work sessions are maybe in order. I’m in favor of the work session on the 19th.

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Supervisor Stish moved, Supervisor Chambers seconded and was unanimously carried by the Board to have a joint work session with the Planning Commission to go over the report from Chandler Planning and Berkley Group regarding the Comprehensive Plan and Ordinance Review.

Staton: Comment, Mr. Chairman. The things that I shared with them were with a two days lead time they gave us to look at 32 questions and 15 sub questions to respond to them. My comment to them was there wasn’t enough time and they didn’t hear that one. We’ve got 2 days.

Chambers: What is he talking about?

Stish: This is a robust document that we haven’t enough time to review to get them our comments by the 10th of July. It was a short turn around and I was surprised at the short time they have given us. I will do my best.

Re: Sheriff’s Department: Transfer of Vehicles

Memo from Sheriff Kidd:

Please except this letter as my intent to address the Board of Supervisor’s during their scheduled Monday, July 9, 2013 meeting concerning the transfer of surplus vehicles to the Buckingham County School Board and the Buckingham County Administration. Please note that the effective transfer date is contingent on the delivery of new replacement vehicles that are expected sometime within the next 60-90 days. My hope is to have preapproval of the transfers beforehand to streamline the process with the understanding that the vehicles will be maintained until the new vehicles arrive.

Buckingham County Administration:

2007 Ford Explorer; Sport Utility Vehicle (Black) 1FMEU73E57UB03620

Buckingham County School Board:

2005 Ford Crown Victoria, Sedan (white) 2FAHP71W45X174081

2005 Ford Crown Victoria, Sedan (white) 2FAHP71W65X174082

Supervisor Chambers moved, Supervisor Bryan seconded and was unanimously carried by the Board to approve the above stated vehicle transfers from the Sheriff’s Department to the School Board and County Administration.

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Re: Sheriff’s Department: Transfer of funds

Memo from Sheriff Kidd:

The end of the fiscal year has finally arrived and we continue to fight rising operating costs. Although this past year has been challenging, I feel that we have persevered. I personally attribute our good fiscal state to each and every one of you and would like to thank you for your continued support of my office.

As we enter into the next budget year, and in an effort to balance the past, I respectfully request the below transfers take place in order to achieve a near-balanced budget. After making the below adjustments, I am pleased to inform you that I will be less than 2% over budget.

1. Transfer $28855 from Courthouse security fund (104-000100-0001 to line item #1300 Part time salaries & wages-reimbursement courtroom security

2. Transfer $220 from the General Fund-Solid property to line item #6010 Police Supplies-Sold Trailer and Scrap Metal

3. Transfer $5,127.39 from the General Fund-Sold Property to line item #6010 Police Supplies-2012 Auction Proceeds

4. Transfer $650 from the General Fund-Miscellaneous to line item #6001 Office Supplies (FOIA Request Fees)

5. Transfer $360 from the General Fund-Miscellaneous to line item #6010 Police Supplies-Kenwood Radio Purchase Rebate

6. Transfer $9904 from Sheriff Non DCJS Fund-Donations (300-0108) to line item #6010 Police Supplies-K-9 Equipment and Firearms Accessories

7. Transfer $39,944 from the General Fund-Fuel Reserve Fund to Line item #6009 Vehicle & Powered Equipment-offset high fuel costs

8. Transfer $17364 from the Sheriff’s Fund-Drug Asset Seizure (300-0105) to line item #6010 Police Supplies-Purchase of X26P Tasers

9. Transfer $5500 from the Selective Enforcement Grant (300-0203) to line item #6009 Vehicle & Powered Equipment-Radar Purchase

10. Transfer $2465 from the Selective Enforcement Grant (300-0203) to line item #6011 Uniforms & Wearing Apparel-DOJ Vest Reimbursement

11. Transfer $2,655 from the Selective Enforcement Grant (300-0203) to line item #6011 Uniforms & Wearing Apparel-Burn Justice Uniform Reimbursement

Supervisor Bryan moved, Supervisor Chambers seconded and was unanimously carried by the Board to approve the above listed transfers of funds for the Sheriff’s Department.

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Re: Virginia Cooperative Extension-Allocation of Local Share of Salary Increases in the Amount of $3,367

Effective July 1, the new salary and benefit requirements for the two Extension Agents has gone from $48,894 to $52,261. The amount needed from the county for its share of the increase is $3,367.

This is the first pay increase we have had in seven years. In order to meet our budget shortfall, the Buckingham unit is requesting $3,367 additional from the county for is share of the salary and benefit increase.

Supervisor Talbert moved, Supervisor Chambers seconded and was unanimously carried by the Board to approve the additional appropriation of $3,367 for salary and benefit increases for the Virginia Cooperative Extension local share.

Re: Building Permit Refund

On April 9, 2013, Kimberly D. Fahrner purchased building permit #15829-2013 in the amount of $429.99 for the purpose of building a stick built dwelling with three bedrooms. On June 24, 2013, Ms. Fahrner submitted a letter requesting a refund of the purchase price less the $25 processing fee as she no longer intends to move forward with the construction process. Pending your approval and minus the $25 processing fee, the amount to be refunded shall be $404.99.

Supervisor Bryan moved, Supervisor Staton seconded and was unanimously carried by the Board to approve the refund of $404.99 to Ms. Fahrner for building permit #15829-2013.

Re: Consider Bids for Recreation Department Vehicle

We advertised for bid a 2014 ¾ ton truck to be used in the recreation department. The bid deadline was July 8, 2013 at 1:00 here at the County Administration building. We received one bid and that was from Gilliam Motors in the amount of $25,129.

Supervisor Bryan moved, Supervisor Stish seconded and was unanimously carried by the Board to accept the bid from Gilliam Motors in the amount of $25,129 for the 2014 ¾ ton truck for the Recreation Department.

Re: Virginia Home for Boys and Girls: Consider an appointment for the Central Region System of Care Advisory Committee

Staton: Mrs. Carter, do you have anyone in mind for this?

Carter: No I don’t. If you all would like, I could try to attend that meeting just to sit in and find out more information about it.

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Stish: Yes, maybe find out what special skills they would need from the person serving on that committee.

Re: Wireless Board Grant in the Amount of $150,000 for GIS Mapping

K. Carter: We have been approved for a grant from the Wireless Board in the amount of $150,000. These grant funds can only be used for GIS Mapping. I would like to thank Jamie Shumaker and Kevin Flippen for their work on applying and gathering the information for this grant.

Please consider appropriating these funds to general ledger # 4-100-31400-3310 so these funds can be spent for their specific purpose.

Staton: Mr. Carter, would you define GIS Mapping?

Carter: It can be used for the purpose of equipment.

Staton: Am I correct, is this the parcels of the county, real estate parcels?

Carter: Yes.

Supervisor Chambers moved, Supervisor Stish seconded and was unanimously carried by the Board to appropriate the grant of $150,000 for GIS Mapping to 4-100-31400-3310.

Re: Sonny Grey, Buckingham County Rescue Squad

Good evening, Mr. Chairman, members of the Board, I’m Sonny and as most of you know I am Chief of the Buckingham County Volunteer Rescue Squad. I came here today at the request of Mr. Talbert to speak on concerns from citizens in District 3 concerning rescue coverage, Buckingham versus Prince Edward Rescue Squad and who responds down there and things of that nature. We had a meeting with Prince Edward County Volunteer Rescue Squad on the 26th of July. We had several good outcomes. Mr. Hogan and Nance Haggel are here from Prince Edward Rescue Squad. They came down here in support after our meeting. We walked away with many positives. Some of the concerns were that they were closer to Farmville, Prince Edward County could respond quicker and they belonged to their Life Care or Squad Care is what they call their subscription for billing and who would be better to respond to that area. A lot of the takeaways we came up with were from squad building to squad building, Shephards is exactly half way so the ones south of that Prince Edward could respond quicker but also that the 911 calls go to Buckingham Sheriff’s office. So the Sheriff’s office, I spoke with Sam, the Dispatch Supervisor, and they are going to help us with some resource management with the squad. If we are not in house and say they have to pull a crew from Glenmore or Arvonia, they will also call Farmville 911 to see the availability of Prince Edward Rescue Squad as well. So hopefully that will alleviate any long wait for service in that area. We realize that sometimes we do have crews on duty but they may be in Charlottesville on a call or something. So they are quite a ways to get back here to respond. So if we are out of position or they are having to call

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for a back up crew, we will call Farmville so they can be dispatched to that area. Secondly, their Squad Care and our Life Care, we mutually agree to honor each others system. So if we respond in that area, and knowing that the citizens down there we know they work in that area so they may want to have Squad Care as opposed to Life Care. If we go to that residence and they have Prince Edwards Squad Care we will honor that subscription program. In tern, if they come into the county for mutual aid if we are out of position, the citizen has a Buckingham Life Care, they will in turn honor that. Any questions?

Talbert: I simply thank you for getting that straightened out. We have some citizens here that would be served by either one, Prince Edward. I’d simply say that Prince Edward, you have a fine rescue squad and Buckingham, you have a fine rescue squad and I appreciate you working this out.

Grey: We also renewed the mutual aid agreement between the agencies.

Re: Consider Authorization to make application for a Governor’s Agriculture and Forestry Industries Development Fund Planning Grant

This program offers a locality the opportunity to apply for a grant to provide the pros and cons alternative means to provide heating and air to our buildings in the future. This study would review the cost of heating the school buildings presently and provide other alternatives and cost savings for when in the FUTURE the school buildings heating and air systems will be needed to be replaced.

I have met with School Superintendent Snead and Chip Davis. Supervisor Stish was also present for the meeting and introduced this possible opportunity. Both Snead and Davis have expressed interest in having this study in order to have vital information that will assist in decision making to assure the most feasible way to replace these utilities in the future.

This request is just for authorization to apply. If the application is reviewed as qualified I will come back to you to discuss if you wish to consider moving forward. The maximum amount of grant is $20,000.00 per jurisdiction with a 50% local match with 10% of the local match being in-kind. If the County should choose to move forward with the study the cost in dollars to be county would be approximately $5,000.00.

The information in your packet goes into detail of a committee that will need to be formed (if we become a successful candidate for this grant). This committee must have representation from the agriculture and forestry based businesses in the county. However it is important to know that this process will not take place until this matter comes to you for consideration of actual participation if we are a successful applicant in the grant process.

Please consider authorization to make an application for this opportunity.

Stish: This is just for authorization to apply, correct?

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Carter: Yes, we would apply and then if we get the planning grant, we would have to come back to you to meet all the stipulations.

Supervisor Staton moved, Supervisor Stish seconded and was unanimously carried by the Board to authorize making application for the Governor’s Agriculture and Forestry Industries Development Fund Planning Grant.

Re: Procedures, Responsibilities and Cost for “Children at Play” signs

Carter: This is information provided to me regarding the Children at Play signs that you requested and the action taken to issue them on 1003 down where the soccer field and all is and then also most recent out Yogaville way.

Scot Shippee with VDOT has provided the attached guidance documents on the installation and maintenance of the “Children at Play” signs.

The signs must be purchased, installed, and maintained by the county and all signs must meet the requirements set forth in the FHWA Manual on Uniform Traffic Control. Also because VDOT is involved a land use permit from VDOT will be required for each sign or series of signs listed in either the initial agreement or for any subsequent addendums.

The statute has been revised and a County may initiate the installation of these signs only by entering into an agreement with VDOT whereby the county is solely responsible for installation and maintenance of the signs as per the conditions spelled out in the agreement that is attached to this memorandum. The process prescribed in the previous statue whereby a county could request by resolution, that VDOT install these signs is no longer an option; likewise installation of these signs by VDOT on behalf of a county is no longer an option. The revised statute also specifies that the County must pay for the sings. The most recent average cost provided is a 2011 cost for a single such sign is about $850.00.

VDOT’s land use office will issue a single land use permit for each county request for a sign or series of signs that are indicated in the request and meet the conditions of the agreement. An additional land use permit is required for each subsequent request for a sign or series of signs.

The District Administrator is the only party authorized to enter into agreements with localities on behalf of the Commissioner therefore his or her signature is required on each agreement. However, the VDOT area Land Use Engineer is the only VDOT signature required for an addendum.

With all of the above being said, again we see cost and responsibility sent down to the locality, yet the control remains with the state.

I give you this information to see if you wanted to proceed knowing that the county would have to provide all costs, maintenance, installation and everything.

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Please consider authorization to enter into the agreement with VDOT and to make application for a land use permit.

Stish: I would like to see us move forward with it but maybe…I don’t know if we need the Children Playing signs up at Yogaville at the moment. Reason being we are having a more comprehensive addressing of that corridor through there and there is going to be more signage going to be put up that maybe VDOT does cover like pedestrian and bicycle signs. So it may be redundant to have a Children at Play signage. We can save the money there. So let’s just consider the main street one. That’s my commentary on that.

Supervisor Chambers moved, Supervisor Talbert seconded and was unanimously carried by the Board to authorize making application for a land use permit for VDOT for the 1003 Children at Play signs.

Re: Consider Agreement for the Commonwealth Regional Council to provide administrative and technical services for the Phase II and Phase III of the VDOT Enhancement Project.

K. Carter: We have been approved for $403,000 for Phase II and Phase III of the Enhancement Project. This is an agreement with CRC to do the administrative services for this grant.

Supervisor Stish moved, Supervisor Bryan seconded and was unanimously carried by the Board to approve the agreement with Commonwealth Regional Council to provide administrative and technical services for Phase II and Phase III of the VDOT Enhancement Project.

Re: County Administrator’s Report

Department of Housing and Community Development Termination of H.O.P.E. Community Services, Inc. as local Sub grantee for Weatherization Assistance Program: My first item is information from the Department of Housing and Community Development regarding termination of H.O.P.E. Community Services as local sub grantee for Weatherization Assistance Program. There will be some opportunities for some of the programs to continue perhaps through other agencies. I just wanted to keep you updated. Buckingham County has not funded H.O.P.E. for about three years.

Status of the Byway Designation for the Midland Trail from Alleghany County to Cumberland County: You will see there where all the information has been received by the State. They are reviewing the information and they will keep you updated as we go along. It’s good to see that all the resolutions and documents have been provided.

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Video Surveillance and Studies of unmanned solid waste sites: The next issue, I’m providing you information regarding video surveillances and monitoring of the unmanned sites. In case you were to receive calls from citizens that may get letters from us and in some cases even warrants. We are seeing abuse of the sites that are unmanned and we are sending letters out trying to make people aware that there are cameras out and that they are not supposed to be doing these things. What we are seeing a lot of at these unmanned sites is usually after hours and early in the morning is mattresses and furniture and then we have to pay our monitors to go to those sites to clean it up and take it to the recycling centers even though its clearly marked that you are not supposed to put this type stuff there. They should get letters and any of you are welcome to come review the footage of the sites. I just wanted to make you aware that we are doing that to help cut down on the cost.

Bryan: Have they cleaned up the Bates site and the site across from the chipping mill?

Carter: I think they did it today.

Bryan: I know there was a couch at one and a mattress at the other.

Carter: We received calls about the Bates market one having a lot of furniture around it.

Chambers: You’d save a lot of money if you close 657 site down.

Bryan: I tried to get it done before, Mr. Chambers.

Chambers: The man sitting beside you can do it. It’s his district.

Carter: We are having to move the cameras around some and they are there 24 hours so the staff tries to watch them as much as possible but to sit there and monitor them continuously, we really don’t have the staff to do it right now. But the one at 657 and 640, we see a lot,

Chambers: The one at 657 there is a lot of people from Nelson County ain’t it. I see people from Nelson County there.

Staton: There’s a lot of Buckingham people too.

Talbert: Where’s the one on 640? I know of one at 638 & 637.

Carter: Andersonville Road.

Talbert: Dumpsite?

Chambers: You pass it on the way home, Bill. What’s wrong with you? Talbert: No, it’s 638 & 637.

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Carter: They call it the 640 site.

Talbert: It’s not 640. It’s 637 and 638. You can move it any time you want to. The point of it is, until you start… I have nothing to do with the court system, but until you start fining these people $1000…our employees…you are in charge of them, they put fence posts, I was there. I think somebody took pictures. But nobody knows who did it. But until you fine somebody, you go out here and get a ticket and pay $250 you are going to slow down next time you go by where you got that ticket at. You are wasting your time getting the sheriff’s to go down there and write summons and take it to court and the court doesn’t do anything about it, we can’t help that.

Carter: Actually what we are trying to do, on the surveillance cameras we see that it’s an out of county person. We do send out first a letter of warning. Just last week I got a call from a lady apologizing. She never thought about it, when she left her parents house she dumped their trash. When she leaves her parents house, she takes their trash with her. She just didn’t think about it but thanked me for letting her know. Then they also saw on there a commercial truck from outside the county dumping. The county actually gets warrants for those. If the people we send the letter comes back and says they didn’t do it, we have them on video. Before, you get a warrant for them but if the person that saw them wouldn’t testify that they saw the person do it, we didn’t have any grounds.

Talbert: There is somebody that sits at Bates Market and sees everybody that dumps and she tells me. I don’t care if it’s 2:00 in the morning or 3:00 in the morning. You are right. Most of it is done in the morning. I came by and cleaned it up the other day myself. I didn’t get the mattresses or stuff like that and I didn’t get the 6-8 foot board sticking out there that is illegal. But we’ve got to prosecute these people.

Bryan: We’ve got to close the sites.

Talbert: You can close the sites all you want to but down here there is nobody there from 10:00 or 11:00 until 2:00. You either go full time or people can go dump anything they want to from what is it, 10:30 to 2:00. It’s about 3 hours there that nobody is there. You’ve got to stop that too. People know when they are not there. I’m simply saying you’ve got to start prosecuting people. You want to close it, that’s fine. You won’t get my vote to close it. I’ve talked to people already that said they will go with the private. In District 3, they’ve already got a man that is going to be the treasurer. It’s going to cost them $10 a month. If we can take a little bit off their taxes, they’d appreciate it. They have no problem with the private.

Stish: With the cameras, we actually have the proof we need to prosecute.

Snoddy: Mrs. Carter, will you go on with your report.

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Carter: Update regarding applications for the position of Enforcement Officer/Solid Waste Supervisor: The deadline for applications was today at 4:00 for Enforcement Officer/Solid Waste Supervisor. We received 4 applications and I will be forwarding them to the personnel committee.

Information regarding the VBN Fall Conference registration and agenda: I have provided you information about the VBN Fall Conference. If anyone is interested in attending, please let us know. I think…I’m looking for the deadline.

Stish: It’s August 10th for $75. I am interested in going.

Chambers: At your own expense though.

Stish: I think it would be good for a Supervisor or two to go and learn about how this industry can create jobs in Buckingham. I was looking over the Virginia Economic Development program for 2012 and there is a listing of every county in the state and how many jobs they have created and industry over last year. Buckingham is not listed. We have a big fat zero for new industries coming to this county creating new jobs. We have agriculture. We have biomass opportunities. We have a lot of different things we can do. There is technology that is evolving and creating markets and I think those who are interested in economic development would want to learn about that.

Chambers: A zero. That seminary has hired a lot of people. There are a lot of people up there working.

Stish: This is for last year.

Carter: I guess what I need to know is if any Board member would want to go, and does the Board want to pay for them to go.

Chambers: I think they should go at their own expense.

Stish: You think they should go at their own expense. Ok. $75 for economic development. Ok.

Snoddy: I wonder why we have a zero. We have the James River Slate Company open.

Stish: You have to think about how they schedule it. You have to look at it. It’s the results for 2012. There are certain industries that attract. I don’t think restaurants really attract. Those were old jobs that were covered by the opening of an existing business that had shut down so we end up netting nothing. It saved some jobs. I think what I’m saying is if we are going to talk about economic development we have to think of ways we can invite new industry in. We need new partners. We need new players on the field. It’s not to take anything away from the one’s that are currently here.

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Virginia Rural Center Education and Workforce Skill Development Presentation: August 1st the Commonwealth Regional Council meeting at which Mr. Glen Sink, Executive Director, Virginia Rural Center, will be giving an education and workforce skill development presentation. The Virginia Rural Center is conducting this presentation throughout the regions of the State to engage leaders to assist in searching for models and successful programs that are addressing the workforce needs of a challenging global economy. If anyone is interested in attending, I think this is free.

Stish: I will be there anyway with CRC.

Carter: If anyone is interested in going, please let me know. We have to respond by the 29th of July.

Auditor of Public Accounts: Court System, Buckingham County in Compliance: Also the Auditor of Public Accounts has provided information regarding the Buckingham County Court System. They found that everything is in compliance.

Letter of Appreciation: Also I have put in your packet a letter of appreciation regarding the improvements on Payne’s Pond Road. It’s very seldom that someone takes it’s time to sit down and show appreciation to you all and in this case to VDOT too. So I wanted to bring that up. I did respond to her to let her know that the Board of Supervisors did appreciate her time.

Information regarding a complaint from a concerned citizen for speed limits and response from VDOT: This is information that I have provided you all regarding a concerned citizen’s complaints about speed limits. So you will be aware if you hear and you will let me know if you want to do anything with this. You can’t just chose a road and set a speed limit for it. The information is there from VDOT on how that would be handled. You would pretty much have to set the speed limit for all the secondary roads.

Approval of 12 month extension of Storm Water Management: My last item is Buckingham County did receive approval of a 12 month extension on the Storm Water Management program. So we have another year to work on that getting our ordinances and procedures and plans together.

That concludes my report, Mr. Chairman.

Re: Other Board Matters

There were no other board matters.

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Re: Executive Session

Supervisor Stish moved, Supervisor Allen seconded and was unanimously carried by the Board to enter into executive closed session under the following codes:

Code of Virginia, Section 2.2-3711.A.1. Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body; and evaluation of performance of departments or schools of public institutions of higher education where such evaluation will necessarily involve discussion of the performance of specific individuals. Code of Virginia, Section 2.2-3711.A.7 Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; and consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel.

Re: Return to Regular Session and Certification

Supervisor Stish moved, Supervisor Allen seconded and was unanimously carried by the Board to return to regular session and to c ertify that to the Best of each Board Member’s knowledge only public business matters as were identified by the motion by which the Closed Executive Meeting was convened were Heard, Discussed or Considered in the Executive Closed Session.

There being no further business to discuss, Chairman Snoddy declared the meeting adjourned.

ATTEST:

_______________________________ ___________________________________Rebecca S. Carter I. Monroe SnoddyCounty Administrator Chairman

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