December 19, 2013

AT THE REGULAR MEETING OF THE BOARD OF SUPERVISORS OF NOTTOWAY COUNTY, VIRGINIA, HELD AT THE COURTHOUSE THEREOF, ON THURSDAY, THE 19TH DAY OF DECEMBER IN THE YEAR OF OUR LORD TWO THOUSAND THIRTEEN AND IN THE 238TH YEAR OF THE COMMONWEALTH:

PRESENT: SHERMAN C. VAUGHN, CHAIRMAN

CLARENCE A. SIMPSON, VICE CHAIRMAN

STEVE BOWEN

GARY L. SIMMONS

JACK J. GREEN

RONALD E. ROARK, COUNTY ADMINISTRATOR

JOHN N. PROSISE, ASSISTANT COUNTY ADMINISTRATOR

PRESTON G. WILLIAMS, COUNTY ATTORNEY

Chairman Vaughn called the meeting to order at 7:00 p.m.

Reverend Pete Smith, Blackstone Presbyterian Church, provided the invocation.

The minutes of the November 21, 2013 regular Board meeting were presented. Vice Chairman Simpson moved to adopt the November 21, 2013 minutes as presented. The motion carried as follows:

J.J. Green Yes

G.L. Simmons Yes

S.W. Bowen Yes

C.A. Simpson Yes

S.C. Vaughn Yes

Administrator Roark reads aloud a proposed Resolution of Recognition for Mr. Alvin Hawkes as he recently celebrated his 100th birthday. Supervisor Green moves to adopt the Resolution of Recognition for Mr. Hawkes. The motion carried as follows:

J.J. Green Yes

G.L. Simmons Yes

S.W. Bowen Yes

C.A. Simpson Yes

S.C. Vaughn Yes

(SEE PAGE THRU PAGE

FOR RESOLUTION)

Chairman Vaughn asks if there are any delegations from the public;

Mr. Sonny Abbott is present to offer suggestions to the County for starting 2014 off in a pro-active way. Establishing a citizen Budget review committee, holding routine meetings with the managers from the three Towns, and making a decision on the future of the County’s contribution to the Virginia’s Growth Alliance are a few of Mr. Abbott’s suggestions.

Public Hearing - Special Exception Request: Request from Robert and Ronald Reynolds, Agent/Rachel Parker, to establish a commercial broiler operation on property located off Rt. 360, Patrick Henry Highway in Haytokah District; property is zoned C-1 Conservation and is owned by Rachel H. Parker

December 19, 2013

Administrator Roark informs that the Planning Commission heard the Reynolds request at their last meeting and recommends approval. He further explains that the Board of Zoning Appeals has approved a variance to allow a lessening of the zoning guidelines for this proposed business operation.

Supervisor Bowen moves to approve the Reynolds Special Exception request to establish a commercial broiler operation on property located off Rt. 360, Patrick Henry Highway in Haytokah District. The motion carried as follows:

J.J. Green Yes

G.L. Simmons Yes

S.W. Bowen Yes

C.A. Simpson Yes

S.C. Vaughn Yes

Highway Department: Ms. Dianna Bryant, Assistant Residency Administrator, is present to receive any communications from the Board, and also provide updates on the routine maintenance performed since the last meeting. Ms. Bryant reports that based on a citizen request a study is being completed for the need for guardrails on Loveland Road. Ms. Bryant reports on upgrades scheduled for Rt. 723 and the approach to Rt. 360/460.

A – December 19, 2013 Virginia Department of Transportation Monthly Report

School Board – Charlotte D. Wood, Clerk: Actions taken at the regular meeting of the Nottoway County School Board held on December 13, 2013

Nottoway County Public Schools Superintendent Dr. Dan Grounard is present to inform the Board of current positive happenings within the School Division; continuing “green” initiative progress, athletic accolades, band praises, and a continued increase in graduates with advanced degrees are just a few of the applauses. Dr. Grounard urges that the upcoming Budget year is expected to be troubling and expresses concern for the potential impact from the Affordable Care Act.

Economic Development Committee: There is no scheduled meeting for December 2013

Regional Jail Report & Juvenile Detention Center: October 2013 Jurisdiction Billing Report, October 2013 Piedmont Regional Jail Revenue Report, Virginia Department of Juvenile Justice Statewide Detention Facility Population, October 2013 Piedmont Regional Juvenile Detention Center Utilization Report, October 2013 Piedmont Regional Jail Transportation Report

Administrator Roark informs the Board that due to high numbers of inmates originating from Nottoway County the original Budget appropriation of $400,000 will not be sufficient to complete the fiscal year and asks for authorization to transfer $200,000 within the General Fund to cover remaining estimated expenses. Supervisor Green moves to authorize Administrator Roark to transfer $200,000 from the General Fund balance to cover remaining estimated Jail expenses. The motion carried as follows:

J.J. Green Yes

G.L. Simmons Yes

S.W. Bowen Yes

C.A. Simpson Yes

S.C. Vaughn Yes

December 19, 2013

Landfill: Administrator Roark gave the Landfill report

A – November 2013 Solid Waste report; average of 58.59 tons of waste per day received

B – Letter – Leonard Ford, Jr., Environmental Services Division – Draper Aden Associates: Providing a task-oriented project cost of $8,850 (which includes field services, data evaluation, reporting, and the cost of chemical analyses) to perform groundwater sampling at the Landfill; sampling scheduled to occur during December, 2013

C – Letter – Elizabeth A. Lohman, Environmental Program Planner – Virginia Department of Environmental Quality: Providing notification of a possible violation at the Landfill; there is no full time Certified Operator at the Landfill

Administrator Roark explains that he has two Landfill employees that recently completed training for Waste Management Operator and are awaiting the end of the 30-day waiting period to complete their exam.

D – Letter – Mark F. Bushing, VWP Permit Writer – Virginia Department of Environmental Quality (DEQ): Providing results of a site visit on December 09, 2013; areas observed were the area around the storm water detention basin, the old borrow area and the new borrow area.

Administrator Roark informs the Board that the findings from the DEQ site visit could potentially be fiscally devastating.

E – Letter – Michael D. Sexton, Groundwater Remediation Specialist – Virginia Department of Environmental Quality: Acknowledging receipt and review of the Nottoway County Sanitary Landfill 3rd Quarterly Sampling Report for Active Area, SWP 304; submission meets reporting requirements

Fort Pickett Redevelopment Authority: Administrator Roark reports that the roof replacements on numerous buildings continue

Planning Commission Report: Administrator Roark reports the Planning Commission met on Tuesday, December 17 and heard the Reynolds Special Exception request. He further reports the Commission held a public hearing on Ellington Acres subdivision and they continue to review the Zoning Ordinance for possible revisions.

Request – Mecklenburg County: Providing a copy of a recently adopted resolution from Mecklenburg County opposing wildlife hunting on Sunday

Supervisor Bowen moves to adopt a resolution professing Nottoway County’s opposition of wildlife hunting on Sunday. The motion carried as follows:

J.J. Green No

G.L. Simmons Yes

S.W. Bowen Yes

C.A. Simpson Yes

S.C. Vaughn Yes

(SEE PAGE THRU PAGE

FOR RESOLUTION)

December 19, 2013

Administrator Roark has provided the Board with a copy of a proposed subdivision to be established in the County; Ellington Acres Section Two – proposing 4 lots off Rt. 616 South Genito Road in Haytokah District by property owners A.Q. and Barbara L. Ellington

Administrator Roark explains that the Planning Commission held a public hearing on the proposed subdivision at its last meeting and had no objections to the plan. The County Zoning Ordinance states that the Board may hold a public hearing if they so choose. Supervisor Green moves to approve the Ellington Acres Section Two preliminary subdivision plan. The motion carried as follows:

J.J. Green Yes

G.L. Simmons Yes

S.W. Bowen Yes

C.A. Simpson Yes

S.C. Vaughn Yes

Sheriff Larry Parrish informs the Board of a recent grant award for law enforcement; awarded $105,200.35 from Federal asset forfeiture from the Virginia Attorney General and Department of Law. The grant award will be used for necessary police supplies and technology upgrades. Sheriff Parrish offers praise for the vital efforts of County Planner Kelly Hatcher in obtaining this grant award.

Chairman Vaughn presented the CONSENT CALENDAR:

1 – Erroneous Assessment: Refund Southern States Coop, Inc. $118.13 for an erroneous personal property assessment for tax year 2013

2 – Budget Adjustment – Library - $300.00

REVENUES:

3-100-18990-0090 Library – Miscellaneous $300.00

(VCU Massey Cancer grant) $300.00

EXPENDITURES:

4-100-73010-5411 Books & Periodicals $300.00

$300.00

3 – Budget Adjustment – Animal Control - $110.10

REVENUES:

3-100-13010-0060 Donations – ACO $110.10

(SACT $100 & J. Elliott $10) $110.10

EXPENDITURES:

4-100-35010-7010 Donations – Animal Control $110.10

$110.10

Vice Chairman Simpson moved to approve the CONSENT CALENDAR as presented. The motion carried as follows:

J.J. Green Yes

G.L. Simmons Yes

S.W. Bowen Yes

C.A. Simpson Yes

S.C. Vaughn Yes

December 19, 2013

Administrator Roark presented the following information items:

1 – Biosolids News – News and information from the Virginia Biosolids Council

2 – Minutes:

Minutes of the Piedmont Regional Juvenile Detention Center Commission meeting held on October 23, 2013

Minutes of the Piedmont Regional Jail Board meeting held on October 23, 2013

Minutes of the Nottoway County Board of Zoning Appeals meeting held on October 07, 2013

Minutes of the Virginia’s Growth Alliance meeting held on November 06, 2013

Minutes of the Nottoway County Planning Commission meeting held on September 17, 2013

Minutes of the Nottoway County Board of Zoning Appeals meeting held on December 02, 2013

3 – Blackstone Volunteer Fire Department Incident Report for November 2013

4 – Letter – Haley McCann, Extension Agent, Agriculture and Natural Resources – Virginia Cooperative Extension: providing an overview of recent events, trainings and programs

5 - Nottoway Sheriff’s Office partial activity report for November 2013

6 – Press Release – Office of the Governor Bob McDonnell: Governor McDonnell to Propose New Mental Health Funding and Issues Executive Order 86; targeted funding of more than $38 million to improve mental health crises response and build critical services to help prevent crises from developing

Administrator Roark presented the following correspondence:

1 - Building Inspector’s Report: Report period November 2013

2 – Animal Control Officer’s Report: Report period November 2013

Administrator Roark provides a brief history on the origination of the County Animal Control Ordinance and suggests that it needs to be updated. Vice Chairman Simpson moves to allow Administrator Roark authority to implement the update of the Nottoway County Animal Control Ordinance. The motion carried as follows:

J.J. Green Yes

G.L. Simmons Yes

S.W. Bowen Yes

C.A. Simpson Yes

S.C. Vaughn Yes

3 - Erosion and Sedimentation Report: Report Period November 2013

4 – Letter – Martha S. Mavredes, CPA – Virginia Auditor of Public Accounts: Report of the Audit for the Treasurer, Commissioner of the Revenue, and Sheriff for the year ended June 30, 2013; all Offices found in compliance

December 19, 2013

5 - Letter – Angela C. Valentine, Community Programs Manager – Virginia Department of Juvenile Justice: Requesting a refund of State funds, in the amount of $3,197.78, not used during FY2013 for the Virginia Juvenile Community Crime Control Act (VJCCCA) program.

Supervisor Bowen moves to approve the $3,197.78 refund of unused FY13 VJCCCA State funds to the Virginia Department of Juvenile Justice. The motion carried as follows:

J.J. Green Yes

G.L. Simmons Yes

S.W. Bowen Yes

C.A. Simpson Yes

S.C. Vaughn Yes

6 - Letter – James W. Elliott, Attorney At Law: Attorney Elliott provides the results of the recent delinquent tax auction held at the Courthouse:

A – Four properties (Carl W. Calhoun, L. McCarthy Downs, Increase Commercial Funding, and Marva Y. Jennings) received adequate bids allowing for the payment of all taxes and costs; these bids will be submitted to the Court for acceptance

B - Bids for the following parcels were insufficient to pay all outstanding taxes

and court costs – the Board needs to reject these bids and attempt a resale or accept

these bids and subsidize the sales:

1 – Richard Hayman Harris, Jr. – bid received of $700: acceptance of this bid will not allow for recovery of costs previously paid of $742.05; will not allow for recovery of an unpaid tax lien but will not require an additional County contribution to close the file

2 – Tom Hastings – bid received of $900: acceptance of this bid will not allow for recovery of costs previously paid of $1,018.91; will not allow for recovery of an unpaid tax lien and will be required to make an additional County contribution of $550.00 to close the file

3 – Jemal D. Davis - bid received of $500: acceptance of this bid will not allow for recovery of costs previously paid of $459.05; will not allow for recovery of an unpaid tax lien and will be required to make an additional County contribution of $250.00 to close the file

4 – Connie E. Saunders - bid received of $300: acceptance of this bid will not allow for recovery of costs previously paid of $609.60; will not allow for recovery of an unpaid tax lien and will be required to make an additional County contribution of $850.00 to close the file

5 – Brenda Morgan Sledge -bid received of $500: acceptance of this bid will not allow for recovery of costs previously paid of $279.60; will not allow for recovery of an unpaid tax lien and will be required to make an additional County contribution of $300.00 to close the file

6 – Cora Augusta Trainham - bid received of $250: acceptance of this bid will not allow for recovery of costs previously paid of $549.60; will not allow for recovery of an unpaid tax lien and will be required to make an additional County contribution of $950.00 to close the file

December 19, 2013

It is the consensus of the Board to table actions on the delinquent tax auction and hold a work

session after the first of the year (2014) and to have Attorney Elliott present.

7 – Virginia’s Growth Alliance (VGA): Administrator Roark reports there has recently been two prospect visits from potential Industrial/Commercial businesses. He further reports the VGA office will be relocating to the Heartland Industrial Park in Keysville where they will not be obligated to regular lease payments (offering space free of charge) and also that both Amelia and Prince Edward Counties are still considering participation with the Alliance.

8 – Letter – A. Taylor Harvie, III, County Administrator – County of Amelia: The Amelia County Board of Supervisors is requesting a joint meeting with the Board to be held at the Amelia-Nottoway Vo-tech Center on December 30, 2013 at 7:00 p.m. The purpose of the meeting is stated to allow both Boards to receive a report on the financial condition of the Center from the Amelia County School Board and the Superintendent of Amelia County Public Schools, Dr. B.J. Brewer.