July 17, 2014

AT THE REGULAR MEETING OF THE BOARD OF SUPERVISORS OF NOTTOWAY COUNTY, VIRGINIA, HELD AT THE COURTHOUSE THEREOF, ON THURSDAY, THE 17TH DAY OF JULY IN THE YEAR OF OUR LORD TWO THOUSAND FOURTEEN AND IN THE 239TH YEAR OF THE COMMONWEALTH:

PRESENT: CLARENCE A. SIMPSON, CHAIRMAN

STEVE BOWEN, VICE CHAIRMAN

GARY L. SIMMONS

SHERMAN C. VAUGHN

RONALD E. ROARK, COUNTY ADMINISTRATOR

JOHN N. PROSISE, ASSISTANT COUNTY ADMINISTRATOR

ABSENT: PRESTON G. WILLIAMS, COUNTY ATTORNEY

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

Supervisor Bowen provided the invocation.

Chairman Simpson takes a moment to acknowledge and introduce three Town of Crewe Council members that are in attendance; Vice Mayor Anne Stinson, Phil Miskovic, and Robbie Knight.

The minutes of the June 19, 2014 regular Board meeting and the July 10, 2014 special meeting were presented. Supervisor Vaughn moved to adopt the June 19, 2014 minutes and the July 10, 2014 minutes as presented. The motion carried as follows:

G.L. SimmonsYes

S.W. BowenYes

C.A. SimpsonYes

S.C. VaughnYes

Chairman Simpson asks if there were any delegations from the public; there are no delegations wishing to speak.

Public Hearing: Consider an Ordinance to amend Chapter 38 of the Nottoway County Code: Animals

Administrator Roark provides a brief overview of the revisions/amendments and suggests that the Board choose to rescind the original document and adopt the amended Ordinance as presented; making noted necessary corrections.

Chairman Simpson asks if there is anyone present wishing to speak about the proposed amended Animal Ordinance; there is no one wishing to speak. Supervisor Simmons moves to rescind the original document and adopt the amended Animal Ordinance as presented; making all necessary. The motion carried as follows:

G.L. SimmonsYes

S.W. BowenYes

C.A. SimpsonYes

S.C. VaughnYes

(SEE PAGETHRU PAGE

FOR ORDINANCE TO

AMEND CHAPTER 38 OF THE

NOTTOWAY COUNTY CODE

ANIMALS)

July 17, 2014

Public Hearing: Consider a request from Southside Electric Cooperative, Agent/Plantation Pipeline Company to construct a telecommunications tower to communicate with a substation on the site; property is located off Rt. 664, Dusty Road in Haytokah District, is zoned A-1, Agriculture, and is owned by Plantation Pipeline Company

Chairman Simpson asks if there is anyone present wishing to speak about the telecommunications tower request; there is no one present wishing to speak. Mike Bender is present, representing Southside Electric, to answer any questions that may arise.

Administrator Roark reports that the Planning Commission heard the request and recommended approval. Vice Chairman Bowen moves to approve the Southside Electric Cooperative, Agent/Plantation Pipeline Company to construct a telecommunications tower to communicate with a substation on the site with the condition that Nottoway County Emergency Services can co-locate should the need arise. The motion carried as follows:

G.L. SimmonsYes

S.W. BowenYes

C.A. SimpsonYes

S.C. VaughnYes

Highway Department: Mrs. 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. Mrs. Bryant reports that the Rt. 49/Hwy 460 pavement marking was placed today.

A – Letter – Virginia Department of Transportation – Jennifer B. DeBruhl, Director, Local Assistance Division: Notification that the Commonwealth Transportation Board approved allocations for the Fiscal Year 2015 Revenue Sharing Program; Nottoway’s request for a $55,000 match has been approved

B – Correspondence – Virginia Department of Transportation - Jennifer B. DeBruhl, Director, Local Assistance Division: Providing a schedule for the Transportation Alternatives Applicant Workshops for Fiscal Year 2015

C - July 17, 2014 Virginia Department of Transportation Monthly Report

D – Resolution: Consider a resolution authorizing Administrator Roark to execute current and future revenue sharing and other agreements with the Virginia Department of Transportation. Supervisor Vaughn moves to approve the resolution as presented. The motion carried as follows:

G.L. SimmonsYes

S.W. BowenYes

C.A. SimpsonYes

S.C. VaughnYes

(SEE PAGETHRU PAGE

FOR RESOLUTION)

School Board – Charlotte D. Wood, Clerk: Actions taken at the regular meeting of the Nottoway County School Board held on July 10, 2014; Minutes of the regular meeting of the Nottoway County School Board held on June 12, 2014

Economic Development Committee: Administrator Roark states there is no meeting scheduled for July.

Regional Jail Report & Juvenile Detention Center: May 2014 Piedmont Regional Jail Transportation Report, May 2014 Jurisdiction Report, March –May 2014 Comparison Jurisdiction Report, May 2014 Piedmont Regional Jail Revenue Report, FY 2012 Jail Cost Per Inmate Day,Virginia Department of Juvenile Justice Statewide Detention Facility Population, May 2014 Piedmont Regional Juvenile Detention Center Utilization Report

July 17, 2014

Landfill: Administrator Roark gave the Landfill report

A - June 2014 Solid Waste Report; average of 68.04 tons of waste per day received

B – Letter – Virginia Department of Environmental Quality – Mal Lafoon, Jr., Solid Waste Inspector: Results of Nottoway County Sanitary Landfill – SWP 304 Unannounced Inspection – June 17, 2014; Inspection for compliance with the Virginia Solid Waste Management Act, Virginia Solid Waste Management Regulations, and the SWP304 – no deficiencies found

C – Letter – Draper Aden Associates – Leonard Ford, Jr., Environmental Services Division: Results of the Nottoway County Sanitary Landfill (closed facility) Groundwater Monitoring Program Sampling Event 41, performed on 06-05-14

D – Landfill Disposal Fees: Administrator Roark reminds the Board of their choice to table any action on the proposed Landfill Fee Increase until the July regular Board meeting; Administrator Roark reviews the proposed changes to include fee increases and an Amendment to the Garbage & Refuse Ordinance Section 102.4 – Definitions. The increases are proposed as follows:

  1. Furnish large container on temporary basis

$117.00 per pick up plus weight of trash by ton

$1.00 per day fee starting with the 11th day

  1. Furnish small container on temporary basis

$35.00 per pick up plus weight of trash by ton

$1.00 per day fee starting with the 11th day

  1. Company keeping large containers full time

$98.00 per pick up plus weight of trash per ton

$20.00 per month lease fee on box

  1. Companying keeping small container full time

$35.00 per pick up plus weight of trash by ton

$20.00 per month lease fee on box

  1. Company furnish own compactor/container

$40.00 per pick up plus weight of trash per ton

Deposit: A deposit may be required on requested service to cover the estimated cost to the county for providing the service.

The amount of the deposit will be determined by the County Administrator.

Vice Chairman Bowen moves to approve the proposed Landfill fee increase and advertise for public hearing the proposed amendment to the Garbage & Refuse Ordinance as presented. The motion carried as follows:

G.L. SimmonsYes

S.W. BowenYes

C.A. SimpsonYes

S.C. VaughnYes

Planning Commission Report: Administrator Roark reports that the Commission heard the Southside Electric tower request, heard two requests for property rezoning and discussed a proposed subdivision.

July 17, 2014

Appointments: The following members of the Nottoway County Planning Commission terms expired in April and May 2014 and will need to be reappointed or replaced:

April 2014 – Darrell Lott, District 2

May 2014 – Clarence Allen, District 3

Charles Beverly, District 3

Hugh Jones, District 5

Supervisor Simmons informs that District 2 representative Darrell Lott is no longer able to serve on the Planning Commission and wishes to appoint Mr. Winston Yeatts to fill that vacancy. Supervisor Vaughn moves to reappoint Clarence Allen, Charles Beverly, and Hugh Jones and appoint Winston Yeattsto the District 2 seat on the Nottoway County Planning Commission. The motion carried as follows:

G.L. SimmonsYes

S.W. BowenYes

C.A. SimpsonYes

S.C. VaughnYes

Supervisor Vaughn further moves that the next vacancy that occurs in District 5 will be filled with an appointment from District 4; the most recent redistricting caused District 4 to lose one representative, giving District 5 three representatives. The motion carried as follows:

G.L. SimmonsYes

S.W. BowenYes

C.A. SimpsonYes

S.C. VaughnYes

Letter – Richard W. Hays: Mr. Hays owns property at 248 Bible Way Road, Crewe, and is requesting consideration for rezoning of this property from the current RR – Rural Residential to C-1 – Conservation District that would allow for small scale agriculture use.

Administrator Roark explains that the Planning Commission heard the Hays request but chose to take no action towards a recommendation for the Board of Supervisors. Following a general discussion Supervisor Simmons moves to deny Mr. Hays request. The motion carried as follows:

G.L. SimmonsYes

S.W. BowenYes

C.A. SimpsonYes

S.C. VaughnYes

Assistant County Administrator John Prosise has presented the Board with information on property owned by Keisha Hardy; landlocked parcel accessed by Tucker Drive and presently zoned GB, General Business. Ms. Hardy has expressed interest in building a residence on this property and is prohibited by its current zoning. It is the consensus of the Planning Commission that Ms. Hardy’s property should never have been zoned GB and thereby recommends considering a rezoning to C-1, Conservation. Supervisor Vaughn moves to proceed on the recommendation from the Planning Commission and advertise the rezoning of Ms. Hardy’s property for public hearing at the August regular Board meeting. The motion carried as follows:

G.L. SimmonsYes

S.W. BowenYes

C.A. SimpsonYes

S.C. VaughnYes

July 17, 2014

Joint Powers Agreement – Workforce Investment Board: South Central Workforce Investment Consortium Agreement to be reviewed for approval by all localities represented. Administrator Roark explains the mission of the Workforce Investment Board and the explanation for needing such a document. Supervisor Vaughn moves to hold a public hearing at the August regular Board meeting on the Joint Powers Agreement. The motion carried as follows:

G.L. SimmonsYes

S.W. BowenYes

C.A. SimpsonYes

S.C. VaughnYes

Sheriff Larry Parrish informs the Board that Chief Investigator Ronnie Scruggs retired effective July 15, 2014 after 35 years of service.

Administrator Roark presents the following information items:

1 – Notice – Application of Columbia Gas of Virginia, Inc. for authority to increase rates and charges and to revise the terms and conditions applicable to gas service; Case No. PUE-2014-00020

2 – Notices – Application of Virginia Electric and Power Company for revision of rate adjustment clause: Rider B, Biomass Conversions of the Altavista, Hopewell, and Southampton Power Stations, for the Rate Year Commencing April 1, 2015; Case No. PUE-2014-00050

Application of Virginia Electric and Power Company for revision of rate adjustment clause: Rider S, Virginia City Hybrid Energy Center, for the Rate Year Commencing April 1, 2015, Case No. PUE-2014-00051

Application of Virginia Electric and Power Company for revision of rate adjustment clause: Rider R, Bear Garden Generating Station, for the Rate Year Commencing April 1, 2015, Case No. PUE-2014-00052

3 – Letter – STEPS, Inc. – Sharon L. Harrup, President & CEO: Providing correspondence between STEPS, Inc. and Virginia Department of Social Services concerning expediting the process of selecting an entity to provide community action services for our area

4 – Minutes:

Minutes of the Piedmont Regional Juvenile Detention Center Commission meeting held on May 28, 2014

Minutes of the Nottoway County Community Policy and Management Team meeting held on April 28, 2014

Minutes of the Piedmont Regional Jail Board meeting held on May 28, 2014

Minutes of the Old Dominion RC&D Council meeting held on April 21, 2014

Minutes of the Old Dominion Resource Conservation and Development Council Executive Committee meeting held on May 22, 2014

Minutes of the Nottoway County Public Library Board of Trustees meeting held on May 21, 2014

5 - Letter – Old Dominion Resource Conservation and Development Council, Inc. – Joan C. Crenshaw, Program Assistant: Providing copies of the 2014 “Heart of Virginia” Buy Fresh Buy Local Food Guide

July 17, 2014

6 – Delinquent Tax Report: Administrator Roark informs the Board that Treasurer Barbara Senger has provided the delinquent tax list for tax year 2013 as required by State Code. Supervisor Simmons moves to advertise the list showing those delinquencies as were effective June 30, 2014. The motion carried as follows:

G.L. SimmonsYes

S.W. BowenYes

C.A. SimpsonYes

S.C. VaughnYes

7 – BAI Municipal Software Bulletin; Volume 2014, Issue 3

8 - Nottoway Sheriff’s Office partial activity report for June 2014

Administrator Roark presents the following correspondence:

Administrator Roark reports that $100,000 in State grant funding has been awarded the County for the Trout River Lumber expansion; this money needs to be presented to Trout River. Supervisor Simmons moves to forward the State grant funding to Trout River Lumber Company. The motion carried as follows:

G.L. SimmonsYes

S.W. BowenYes

C.A. SimpsonYes

S.C. VaughnYes

1 - Building Inspector’s Report: Report period June 2014

2 – Animal Control Officer’s Report: Report period June 2014

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

A – Three properties (Thomas H. Roberts, Jr., Annie E. Simmons, and Dewey R. Webb) 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 – County needs to reject these bids and attempt a resale or accept

these bids and subsidize the sales:

1 – George W. Carroll – bid received of $200: acceptance of this bid will not allow for recovery of costs previously paid of $95.60; will not allow for recovery of an unpaid tax lien and will require an additional County contribution of $660.00 to close the file; this figure includes the outstanding taxes due to the Town of Blackstone

2 – Robert Lee Crawley – bid received of $100: acceptance of this bid will not allow for recovery of costs previously paid of $384.60; will not allow for recovery of an unpaid tax lien and will require an additional County contribution of $1,260.00 to close the file; this figure includes the outstanding taxes due to the Town of Blackstone – no bid was received for this parcel at the November 25, 2013 auction and a bid of $200.00 was rejected from the March 12, 2013 auction

3 – Milton Deiner – combined bid received of $650 (2 parcels): acceptance of this bid will not allow for recovery of costs previously paid of $367.20; will not allow for recovery of an unpaid tax lien and will require an additional County contribution of $490.00 to close the file; this figure includes the outstanding taxes due to the Town of Blackstone – No bid was received for these parcels at the November 25, 2013 auction, a combined bid of $850.00 was rejected from the March 12, 2013 auction, a combined bid of $600.00 was rejected from the April 11, 2012 auction and a combined bid of $200.00 was rejected from the November 07, 2011 auction

July 17, 2014

4 – Christopher Fowlkes – bid received of $1,100: acceptance of this bid will allow for recovery of $100.00 of the costs previously paid of $744.60; will not allow for recovery of an unpaid tax lien but will not require an additional County contribution to close the file

5 – James J. Paulett – bid received of $800: acceptance of this bid will allow for recovery of $50.00 of costs previously paid of $99.60; will not allow for recovery of an unpaid tax lien but will not require an additional County contribution to close the file

6 – Salome F. Wanzer – bid received of $1,050: acceptance of this bid will allow for recovery of $127.65 of costs previously paid of $362.10; will not allow for recovery of an unpaid tax lien but will not require an additional County contribution to close the file; this figure includes the outstanding taxes due to the Town of Blackstone

Vice Chairman Bowen moves to accept the bids received on all six cases (a total of seven

Parcels) aspresented. The motion carried as follows:

G.L. SimmonsNo

S.W. BowenYes

C.A. SimpsonYes

S.C. VaughnYes

4 – Letter: Proposed letter to State Forester Bettina Ring, on behalf of Nottoway County, asking for her consideration to allow the local Foresters to locate their office to one of the County’s Volunteer Fire Stations. Supervisor Vaughn moves to allow the letter be sent to State Forester Ring for her consideration. The motion carried as follows:

G.L. SimmonsYes

S.W. BowenYes

C.A. SimpsonYes

S.C. VaughnYes

5 – Virginia’s Growth Alliance: Administrator Roark reports the Board members have voted to limit their meetings to every other month and alternate locations between Keysville and South Hill.

6 –Memorandum: Virginia Department of Taxation – David E. Seay, Property Appraisal Consultant: The 2014 Estimated Ratio on the study of real estate sales for Nottoway County is 100.0%. Administrator Roark provides an explanation as to why this particular study is completed

7 - Appropriation – Department of Fire Programs funding: Administrator Roark informs the County is in receipt of the Fiscal Year 2014 Department of Fire Programs funding and needs to be appropriated; $28,453.00. Administrator Roark furthers explains that in the past the funding has been distributed equally between the Blackstone, Burkeville, and Crewe Volunteer Fire Departments. Supervisor Simmons moves to appropriate the FY2014 Department of Fire Programs funding and distribute equally between the three Fire Departments. The motion carried as follows:

G.L. SimmonsYes

S.W. BowenYes

C.A. SimpsonYes

S.C. VaughnYes

July 17, 2014

8 - Administrator Roark provides the list of committed funds from purchase orders as well as committed funds for carryovers for the Fiscal Year ending June 30, 2014 for the Board’s review.

(SEE PAGETHRU PAGE

FOR THE LIST OF COMMITTED FUNDS

FROM PURCHASE ORDERS AND CARRYOVER FUNDS

FOR FISCAL YEAR ENDING JUNE 30, 2014)

9 – Sale of Surplus Vehicle: Administrator Roark informs that a County vehicle, a utility truck, has been declared surplus due to mechanical issues and a private party has expressed interest in purchasing it from the County. Administrator Roark asks for authorization to seek sealed bids on the vehicle with the condition that if the bids are not higher than the salvage value he be allowed to sell the vehicle to ABC Recycling. Supervisor Vaughn moves to authorize receiving sealed bids for the sale of the surplus vehicle with the condition as discussed. Themotion carried as follows:

G.L. SimmonsYes

S.W. BowenYes

C.A. SimpsonYes

S.C. VaughnYes

10 - Administrator Roark informs the Board that he has matters that need to be discussed in closed session. Supervisor Vaughn moves to enter into closed session under Section 2.2-3711A (3) Possible sale of public property and (7)Consultation with legal counsel. The motion carried as follows: