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S02 - Board Minutes - 20081201

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                           BOARD OF SUPERVISORS MEETING

                                      December 1, 2008

       The regular meeting of the Campbell County Board of Supervisors was held on the 1st
day of December 2008 in the Board of Supervisors meeting room of the Walter J. Haberer
Building, Rustburg, Virginia. The members present were:

       Hugh T. Pendleton, Jr., Chairman, Presiding            Rustburg Election District
       Charles W. Falwell                                     Timberlake Election District
       Stanley I. Goldsmith                                   Altavista Election District
       Eddie Gunter, Jr.                                      Concord Election District
       J. D. Puckett                                          Brookneal Election District
       Hugh W. Rosser                                         Seneca Election District
       Steven M. Shockley                                     Sunburst Election District

       R. David Laurrell, County Administrator
       David W. Shreve, County Attorney
       Kristin B. Wright, Staff Attorney


       The meeting was called to order at 7:00 p.m. Prior to the invocation by Supervisor
Falwell, a moment of silence was observed for Mary Tweedy, the mother of Clifton M. Tweedy,
Deputy County Administrator, who died that afternoon at the age of 73.

//     APPROVAL OF MINUTES

       On motion of Supervisor Falwell, it was resolved the Board of Supervisors dispenses
with the reading and approves the minutes of the October 6, 2008 regular meeting, October 7,
2008 regular meeting, and the November 17, 2008 regular meeting as presented.

The vote was: Aye:    Falwell, Goldsmith, Gunter, Pendleton, Puckett, Rosser, Shockley
              Nay:    None
           Absent:    None

//     PUBLIC HEARING – REQUEST FOR SPECIAL USE PERMIT BY INTEGRATED
       WIRELESS DEVELOPMENT, TO CONSTRUCT TELECOMMUNICATIONS
       TOWER

       The first public hearing was opened at 7:05 p.m. on:

09-00468      Request by Integrated Wireless Development, LLC for a special use permit on
              property owned by Walter and Betty Watts to construct a telecommunications
              tower 199 feet in height. The property is located on Leesville Road,
              approximately 500 feet north of the intersection with Buffalo Mill Road in a
              designated transitional growth area per the current Comprehensive Plan.

       Paul Harvey, Director of Community Development, reviewed the staff report on the
request from Integrated Wireless Development, agent for Walter and Betty Watts, for a special
use permit to install a 199’ monopole telecommunications antenna and related equipment on
leased property. The property had frontage on both Leesville Road and Buffalo Mill Road in the
Altavista Election District. Access to the property was now proposed from Buffalo Mill Road.

        The proposed tower would be part of the AT&T wireless network and would support
antennae for other carriers. The report by the County’s telecommunications consultant,
CityScape, was provided to the Board, and Rick Edwards was present to answer any technical
questions. The consultant recommended approval of the application with several standard
conditions. The Planning Commission recommended approval of the request by a vote of 7-0
with conditions that 1) the maximum approved height of the tower structure is 199 feet and shall
be of monopole design, 2) the applicant shall supply all information and satisfy conditions
specified in the CityScape report dated October 10, 2008 (page 3), 3) the access road shall
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connect to Buffalo Mill Road and not Leesville Road, and 4) the access road shall be chained or
gated.

        Supervisor Goldsmith referred to the motion made by the Planning Commission that
stipulated approval “provided the applicants request was received prior to Mr. Vincent Barbour’s
building permit request.” This stipulation was not included in the recommendation to the Board
of Supervisors. Mr. Harvey indicated the Planning Commission considered whether or not the
location of the tower site should be moved in order to be 400 feet from the load bearing wall of
the adjacent dwelling. The Planning Commission’s reasoning was no, the tower site was not yet
approved and the location was hypothetical at this point but also the building permit request
came in after the fact so it should not interfere with the location of the tower. The County
Attorney reviewed that question. David Shreve, the County Attorney, indicated he understood
the application for the tower site was made first, and the application for the building permit for
the mobile home came after that. If that was the case, they should be considered in that order.
Mr. Harvey confirmed the application for the special use permit was filed about five days before
the issuance of the building permit.

       In answer to a question by Supervisor Falwell regarding setbacks, Mr. Harvey advised
the tower had to be 400 feet from the load bearing wall of an existing dwelling. The tower and
the Barbour’s mobile home would be approximately 175 feet apart and the tower would be
approximately 100 feet from the property line.

        Supervisor Goldsmith believed those distances were an issue. Administrator Laurrell
indicated the telecommunications consultant was recommending the Board update the County
Code to require a certain distance from the property line for future tower applications. As it was
now there was no regulation in place to prohibit a home to be built within any distance of a cell
tower. Mr. Harvey added the County’s regulation that a cell tower had to be 400 feet from the
load bearing wall of an existing dwelling was unique to Campbell County and not common in
other jurisdictions.

        Matt Collins, 2163 Zeb Watts Road, Taylorsville, NC, was representing Integrated
Wireless Development and AT&T. He indicated that when they become aware of coverage
needed in a certain area, they first look for an existing structure tall enough on which to co-
locate. Towers were expensive and no one likes to build them. AT&T was selling phones in
Campbell County and customers were demanding better service. The next closest cell tower site
was off of East Lynchburg Salem Turnpike, and a tower was currently being built on Crown
Lane in Evington on an existing Blue Ridge Telecom tower. The water tower on Route 24 was
too far south to serve the search ring identified for this application.

        Continuing, Mr. Collins commented the requirements for a cell tower to be 400’ feet
from a load bearing wall of an existing dwelling was a condition specific to Campbell County. A
195’ monopole was built with 30 to 35 feet of cement in the ground and anchor bolts 2 to 3
inches in diameter around the entire structure. The towers were designed not to tip over in strong
winds and fold into itself should it fall. Should Integrated Wireless receive approval, they would
apply for SHPO and NEPA documentation as recommended by the consultant. Mr. Collins
suggested the Board include a stipulation requiring the structure to be designed and certified by
an engineer to fall within the lot lines.

        Supervisor Goldsmith asked for additional clarification on why the water tower could not
be used for co-location. Mr. Collins indicated the water tower was about 2 ½ to 3 miles further
than where they needed to be that would leave a gap in coverage between the towers proposed at
the Salem/Lynchburg Turnpike and Leesville Road. There were no other tall structures in the
search ring that could be used for co-location. The propagation maps showing the existing sites
and planned sites were provided to the County’s consultant. Proposed sites were carefully
selected because having towers too close could also cause problems in reception.

        In answer to Supervisor Goldsmith’s clarification on the fall zone certification, Mr.
Collins indicated this certification was not normally provided with a tower application, but
Integrated Wireless was willing to have an independent engineer certify that the tower would be
designed to fall into itself. Supervisor Falwell commented he has installed a number of
monopoles. If there was not a problem with the fall distance, they used the same metal structure
all the way up the tower. If there was a problem, they increase the base of the tower so that it
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would break half way up and fall within itself. Supervisor Goldsmith recommended the fall zone
certification should be required since this tower was not 400 feet from the load bearing wall of a
dwelling.

       Supervisor Goldsmith was well aware of the benefits of cellular phones and realized the
towers would benefit those needing Internet broadband service

       Chairman Pendleton called for comments in favor of or in opposition to the application
for special use permit. Administrator Laurrell reviewed the rules for public hearings. Speakers
would be timed with individuals receiving three minutes and groups receiving five minutes.

        Richard McNeil, 15998 Leesville Road, spoke in favor of the proposed tower describing
how bad the cellular phone reception was in the area. Many of his neighbors and friends were
also in favor of the proposed tower.

        Mary A. Watts, 263 Watts Town Road, Evington, owns the property immediately to the
west of the proposed tower site. She was in favor of the proposed tower because the country was
in a technology era, and cellular phones were here to stay. Also the towers would help in other
areas of technology.

       Larkin S. Watts, 154 Watts Town Road, Evington, was representing his brother and his
wife, Walter and Betty Watts, who own the property. He lives about a mile from the proposed
tower site. He visited all 14 houses on Watts Town Road, and no one was opposed to the tower.
The area was very beautiful, and he did not believe the tower would detract from that beauty.

        Vincent Barbour, 13146 Leesville Road, owns jointly with his wife property adjoining
the proposed tower site to the north. He asked the Board to deny the application for a special use
permit because of the harmful radiation emitted by cellular towers and the reduction of property
values of adjacent properties. Mr. Barbour also indicated AT&T was in violation of Section 22-
35 (3) of the Campbell County Code requiring that signs be posted 15 days prior to the public
hearing. The signs were posted 5 days prior to the Planning Commission public hearing. He
also pointed out the scale used on the site plan was wrong as well as the driveway location from
Leesville Road. After he pointed out the applicant was proposing to use his driveway as access
to the property, the applicant changed the access from Leesville Road to Buffalo Mill Road. Mr.
Barbour lastly stated the applicant failed to provide evidence that no other structure could
accommodate their antennae.

        Consuela Barbour, 13260 Leesville Road, commented that two things she enjoyed the
most were water and mountains. She recently purchased a home at Smith Mountain, but due to
the high taxes, moved the home to their property at 13260 Leesville Road with the belief she
would have a view of the mountains. Mrs. Barbour presented photographs of the home and the
views from her home that would be obstructed with the construction of a 199’ tower. She
indicated these towers make noise 24 hours a day, seven days a week, birds became disoriented,
and sleep patterns were affected. Some of the pictures showed other types of towers that did not
impact views. In answer to several questions from Mrs. Barbour, cell towers were assessed at
fair market value for personal property taxes, and this was the third request for a tower this
calendar year, and none had been denied. Mr. Collins has indicated they would request nine (9)
more towers in Campbell County. In closing, Mrs. Barbour commented that when they built
their home, they had to follow the Campbell County Code to the letter. While she did not have
anything against cell phones, everyone was encouraged to live “green” and protect the
environment. Mrs. Barbour requested her photographs be returned to her. Supervisor Rosser
advised once documents were submitted to the Board, they became part of the public record.

        Michael Savela, 4821 Dearborn Road, Evington, was opposed to the application for a
special use permit indicating that Evington was trying to hang onto its rural nature. While they
may have traded off some of the lifestyle conveniences such as having a Wal-Mart right down
the block, they would like to maintain their current lifestyle. Integrated Wireless/AT&T were
trying to swamp the area with towers before anyone else could move in. The towers could hold
at least three more carriers, and by coming in before anyone else, AT&T would become the
landholder and receive the revenue from other carriers. Mr. Savela believed most of the towers
were not needed. He had Nextel and Alltel, an Alltel wireless broadband card and a U. S.
Cellular phone that all worked from the proposed cell tower site. Mr. Savela recommended the
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County have in place an ordinance requiring any type of tower to fall within its own property
lines.

        Administrator Laurrell clarified the County’s ordinance does require that all poles be
designed to collapse within the lot lines of the property owned or leased for that tower. It does
not require a setback of the height of the tower from the property line. The County’s ordinance
also requires co-location on towers of no less than three carriers.

           The public hearing was closed at 7:45 p.m.

        Supervisor Goldsmith indicated he understood the positions of those in favor of and
against the proposed tower. By asking for clarification on several points, he wanted to be
absolutely sure that Integrated Wireless/AT&T had performed an exhaustive study that there
were no other sites that would work for co-location. He has had a number of requests from
citizens for improved Internet service. He offered the following motion to approve the
application for special use permit.

       On motion of Supervisor Goldsmith, it was resolved the Board of Supervisors accepts the
recommendation of the Campbell County Planning Commission and APPROVES Request #09-
00468 by Integrated Wireless Development, LLC for a special use permit on property owned by
Walter and Betty Watts to construct a telecommunications tower 199 feet in height located on
Leesville Road, approximately 500 feet north of the intersection with Buffalo Mill Road in a
designated transitional growth area per the current Comprehensive Plan, with the following
conditions:

     (1)      the maximum approved height of the tower structure is 199 feet and shall be of
              monopole design
     (2)      the applicant shall supply all information and satisfy conditions specified in the
              CityScape report dated October 10, 2008 (page 3);
     (3)      the access road shall connect to Buffalo Mill Road and not Leesville Road;
     (4)      the access road shall be chained or gated; and
     (5)      the applicant shall provide certification by an independent engineer that the structure
              is designed to fall within the lots lines of the tower site property.

The vote was: Aye:       Falwell, Goldsmith, Gunter, Pendleton, Puckett, Rosser, Shockley
              Nay:       None
           Absent:       None

//         PUBLIC HEARING – CAMPBELL COUNTY CODE UPDATE

      The last public hearing was opened at 7:48 p.m. on several mandated and discretionary
changes to the Campbell County Code. These were reviewed and approved for advertising at the
October 20th meeting. The advertisement included a decrease in the required franchise bond
amount for Jet Broadband from $100,000 to $50,000.

         Also included in the advertisement was the addition of children’s residential homes to
three zones. The homes were advertised with the most restrictive zoning – by special use permit
in Residential Single Family, Residential Multi-Family and Agricultural. The request for the
addition of children’s residential homes to the zoning ordinance was made by the Departments of
Social Services and Youth, Adult and Community Services in an effort to reduce Comprehensive
Services Act costs. The presence of one or more children’s residential facilities in Campbell
County would prevent the need for placement of children in Social Services custody in similar
facilities as far away as Roanoke and Richmond and reduce the resulting service costs by local
social workers and personnel. The current zoning ordinance allows for homes for eight or fewer
mentally ill, mentally retarded or developmentally disabled individuals of any age in any
residential zone and agricultural, as mandated by state law. The update provides for a process
for non-mandated facilities that would be subject to review and approval by the Planning
Commission and the Board of Supervisors using the Special Use Permit process. The Planning
Commission recommended approval of the proposed amendments in Chapters 21 and 22.

     Chairman Pendleton called for comments in favor of or in opposition to the proposed
amendments. The same public hearing rules would be followed by speakers.
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        Richard McNeil, 15998 Leesville Road, had questions about the reduction in the bond
for Jet Broadband. Administrator Laurrell explained the bond was similar to a performance bond
and the reduction would not impact the County’s budget. Mr. McNeil hoped the County would
not increase personal property taxes again this year.

         John Brinker, Vice-President and General Manager of Jet Broadband, offered to answer
any questions the Board might have on the company’s build out plans in Campbell County. He
indicated the reduction in the franchise bond was requested because the franchise had been in the
County since 2005, and for the most part, had performed to the letter of the franchise. In the first
year they spent $8 million and $6 million or $7 million in each of the following years. Their
goal was to continue to add as many subscribers as possible. They do work with developers to
try to lay cable in open trenches and run Broadband to as many homes as economically feasible.

        While Mr. Brinker was present, the Board relayed concerns about service especially on
weekends and not being proactive by installing cable at the beginning of construction in new
subdivisions. There was some concern that most of their build out was in Bedford County and
not in Campbell County. Chairman Pendleton and Supervisor Gunter have received a number of
complaints from citizens who could not get cable service even though the road or subdivision
qualified for service under the franchise agreement.

       Mr. Brinker advised they have contracted with a different phone service out of Billings,
Montana that would provide 24-hour, seven days a week service. They would be training with
them this month to start the first of the year. He indicated that it was their goal to be first in new
subdivisions, but there have been times the developers had denied their request to lay cable in
new subdivisions. He reminded the Board that Nesbe Cable did not build any new lines for over
two years, and Jet Broadband built 15 projects in the first year in Bedford and Campbell
counties. Mr. Brinker explained that with the many different types of services available to
consumers, they did not get the same number of customers per mile as in past years to offset the
costs of construction. They had to look at what it costs to bring cable into the area. Jet
Broadband was going to construct the lines to serve two streets in the Oxford Farms subdivision
near Thomas Terrace at the request of Supervisor Gunter because it was required by the
franchise. However, Mr. Brinker estimated that out of 42 homes, Jet Broadband would be lucky
to have seven or eight homes sign on to cable service. In many case their decisions had to be
based on the cost of economics. Mr. Brinker indicated they were planning to offer telephone
services sometime next year. To do that, they were hardening their facilities to improve service
and prevent outages.

       Richard Verilla, 2807 Smoky Hollow Road, Lynchburg, was Director of Campbell
County Department of Social Services. He supported the proposed amendments that would
allow children’s residential homes by special use permit in three zoning designations. Campbell
County currently had about a dozen children in residential facilities, and only four of those were
local. The rest were all over the Commonwealth and one in Massachusetts. There was a
requirement that the social worker must meet with the child at least once a month in a face to
face meeting. The goal was to return the child home, and part of that was therapy and visitation
with the child. This was much more difficult and expensive when the child was not local.

        Consuela Barbour, 13260 Leesville Road, Evington, asked for clarification on the
proposed amendment to decrease the franchise bond for Jet Broadband. Administrator Laurrell
explained a franchise bond provides assurance to the County that the company would perform
per the franchise agreement. Mrs. Barbour was a former protective service worker and
understood the need for children’s residential homes. She supported adoption of this amendment
to allow children to be placed locally so that it would be more convenient for the family and
social workers to visit the child.

       Michael Savela, 4821 Dearborn Road, Evington, supported the reduction of the franchise
bond for Jet Broadband. He also supported the Board exploring an ordinance to require
developers to allow the various utilities to bring in their services.

       The public hearing was closed at 8:22 p.m.
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     On motion of Supervisor Gunter, it was ordained the Board of Supervisors adopts
amendments to the Campbell County Code of 1988, as follows:

CHAPTER 2 – Administration.
§2-6      Allows Board to shorten upcoming Planning Commission terms.
CHAPTER 4 – Animals and Fowl.
§4-2.1    Slight revisions without substantive change, clarified that dehorning cattle must
          be in reasonable and customary manner.
§4-2.2    NEW statute penalizing conveyance of animal after conviction for cruelty or
          neglect as Class 1 misdemeanor.
§4-4      Add definitions of “Commercial dog breeder” as person keeping over 30 dogs for
          breeding and “Ordinance” as law of a locality, deleted definitions of “Board,”
          “Local ordinance,” “Locality or local government,” “Person,” “State
          Veterinarian,” “State Veterinarian’s representative”, and changed references to
          towns, cities and counties to localities.
§4-5      Clarifies that euthanasia must be in accordance with procedures of State
          Veterinarian, moves some text within section, proceeds from sale or gift of animal
          from or to releasing agency go to Treasurer or to shelter for expenses and not to
          individual.
§4-5.1    Revise title, revise language with no substantive change.
§4-5.2    Provides that sale of animal from pound or shelter within 6 months is Class 1
          misdemeanor, up from Class 4.
§4-7.1    Minor revisions, no substantive changes.
§4-8      Provides that commercial dog breeders are subject to inspections twice annually
          and upon complaint.
§4-8.1    Minor revisions, no substantive changes.
§4-11     Minor revisions, no substantive changes.
§4-12     Minor revisions, no substantive changes.
§4-14.5   Change “county, city or town” to “locality”.
§4-23.1   Minor revisions, no substantive changes.
§4-27     Minor revisions, no substantive changes.
§4-28     Minor revisions, no substantive changes.
§4-28.1   NEW: Requires commercial breeder to have county business license.
§4-28.2   NEW: Commercial breeders may not have over 50 dogs at any one time and must
          keep accurate records, abide by laws for disposal of waste and carcasses, and may
          breed only dogs in veterinarian-certified health and proper age.
§4-28.3   NEW: Commercial breeders must allow entry to officials making inspections.
§4-28.4.  NEW: Commercial breeders may not have controlling interest in a dog releasing
          agency.
§4-28.5   NEW: Violation of breeding ordinance is a Class 1 misdemeanor.
§4-28.6   NEW: Commonwealth Attorney enforces breeding ordinance.
§4-42     Minor revisions, no substantive changes.
§4-43     Minor revisions, no substantive changes.
CHAPTER 8 – Erosion and Sedimentation
§8-3      Clarify that county is program authority with environmental manager to
          administer.
CHAPTER 9 – Finance and Taxation
§9-7.2    Change cost of use assessment application from $10 to $20 and $.10 to $.20 per
          acre beyond 100 acres, change late application fee for special use from $20 to
          $40, and change late filing fee for revalidation of use from $20 to $40, pursuant to
          Va. Code § 58.1-3234.
§9-14.3   Require that assessed value of tax exempted building must increase by at least
          40%, establish before and after inspection to determine increase, limits period of
          validity of application to 2 years, requires compliance of property with code.
CHAPTER 10 – Public Safety
§10-17    Adds director to list of titles within chain of command.
§10-23    Changed “magistrate of” to “magistrate serving”.
CHAPTER 13 – Health and Sanitation.
§13-14    Change title of ordinance to “Campbell County Biosolids Ordinance”.
§13-15    Change “sewage sludge” to “biosolids”.
§13-16    Change “sewage sludge” to “biosolids”.
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§13-19     Change “sewage sludge” to “biosolids”; rewrote definitions of “Beneficial Use”,
           “Land Application or Land Apply”, “Permittee”, “Person”, and “Sewage Sludge
           or Sludge”; deleted definitions of “Land Applicant or Sewage Sludge Applicant”,
           “Sewage Sludge Applicant”, and “Substantially Owned or Controlled”.
§13-21     Change “sewage sludge” to “biosolids”, minor revisions.
§13-22     Change title of section from “Application requirements, notice”, change “sewage
           sludge” to “biosolids”, clarify requirements of land application notice to county.
§13-23     Change “sewage sludge” to “biosolids”, revise to provide that county may take
           samples but state will collect fees and reimburse.
§13-24     Change “sewage sludge” to “biosolids”.
§13-25     Change “sewage sludge” to “biosolids”, strengthen restriction of land access, refer
           to state code and regulations.
§13-26     Change “sewage sludge” to “biosolids”, clarify permittee’s responsibilities for
           contact numbers and correction of spillage on roads, refer to state code and
           regulations.
§13-28     Change “sewage sludge” to “biosolids”.
§13-29     Change “sewage sludge” to “biosolids”, clarify other financial responsibility
           evidence is permissible besides certificates of insurance.
§13-31     Delete reference to monies being collected by Treasurer of County as state
           collects fees.
§13-33     Change “sewage sludge” to “biosolids”.
CHAPTER 14 – Licenses and Permits.
§14-84.1   Update language.
CHAPTER 15 – Motor Vehicles and Traffic.
§15-8.1    Provide lesser penalty for vehicles not displaying handicapped placard when
           required when placard in the vehicle.
§15-8.3:3  NEW: limits the number of used motor vehicles to 5 in 12 months that can be sold
           on property that is not a licensed dealership, various exemptions to that.
§15-9      Provides 90 day grace period for vehicle licensing when active duty soldier
           returns from outside U.S.
CHAPTER 16 – Offenses, Miscellaneous.
§16-10.1   Delete definitions of “A-weighted sound level,” “Decibel (db)”, “Sound level”
           and “Sound level meter”, delete other references to decibel measurement.
§16-10.3   REPEAL this section which directed use of sound level meters.
§16-10.3:1 Delete “Use of sound level meter preferred;” from title, delete reference to
           preferred use of a sound level meter.
§16-10.4   Replace maximum decibel levels with “reasonable person” standard, delete other
           references to decibel measurement.
§16-10.4:2 Replace maximum decibel levels with “reasonable person” standard, delete other
           references to decibel measurement.
§16-10.5   Replace maximum decibel levels with “reasonable person” standard, delete other
           references to decibel measurement.
CHAPTER 20 – Cable Television
§20-24     Change amount of required franchisee bond from $100,000 to $50,000.
CHAPTER 21 – Subdivision of Land
§21-2      Add definition of “dam break inundation zone”.
§21-7      Minor revisions to language, clarify review of commercial plats is per state code.
§21-7.1    Establish plat for multi-phase development valid for 5 years from date of latest
           recorded plat.
§21-8      Establish plats shall show when property is in mapped dam break inundation
           zone, effective July 1, 2009.
§21-8.1    Establish recorded and approved plats where lots conveyed to third parties other
           than developers valid indefinitely or till lines vacated.
§21-10     Clarify plats prepared for county, county schools, or CCUSA exempt from plat
           fees.
§21-14.1   Insert “subdivision” preceding “plat” twice.
§21-18     Insert information re failure of impounding structures and impacts in dam break
           inundation zones as required to be provided by subdivider, effective July 1, 2009.
§21-19.1   NEW: potential need for engineering studies for developments in dam break
           inundation zones and payment for needed upgrades to impounding structures,
           effective July 1, 2009.
§21-23     Add “stepchild” as member of immediate family.
                                                                                    2-8

§21-30    Establish plats shall show when property is in mapped dam break inundation
          zone, effective July 1, 2009.
§21-31    Establish plats shall show when property is in mapped dam break inundation
          zone, effective July 1, 2009, replaced “Map Book” with “Plat Cabinet”.
§21-32    Establish plats shall show when property is in mapped dam break inundation
          zone, effective July 1, 2009.
CHAPTER 22 – Zoning
§22-1     Add safety from impounding structure failure as a goal of zoning ordinance.
§22-2     Add definition of “Children’s residential facility”: one that cares for children
          separated from parents or receiving independent living training; add “stepchild” to
          definition of “Family, immediate”, refer to state code in definition of “Plat or plat
          of subdivision”.
§22-9     Allow children’s residential facilities as a special use in R-SF
§22-10    Allow children’s residential facilities as a special use in R-MF
§22-16    Allow children’s residential facilities as a special use in A-1.
§22-26    Clarify expansion of structure permitted by variance must have additional
          variance.
§22-28    Clarify notice of zoning violation is satisfactory if mailed by registered or
          certified mail or posted at address on current tax assessment books.
§22-32    Site plans shall show mapped dam break inundation zones if applicable.
§22-38    Increase in fines for overcrowding from $2000 to $5000, for each 10 days
          violation continues to $7500, except where landlord is acting to evict or eliminate
          overcrowding.
§22-39    Zoning Administrator may obtain inspection warrant if probable cause exists for
          zoning violation and enter the dwelling, Zoning Administrator or Board may
          record 180 day memorandum of lis pendens in zoning violation enforcement
          actions.

The vote was: Aye:     Falwell, Goldsmith, Gunter, Pendleton, Puckett, Rosser, Shockley
              Nay:     None
           Absent:     None

//       PUBLIC SAFETY TECHNICIAN, 24 HOUR STAFFING

        In October 2008 the Campbell County Emergency Medical Services Advisory Committee
(EMSAC) approved the hiring of an additional Public Safety Technician in order to staff the
career EMS advanced life support response vehicle 24 hours per day, seven days a week.
Eligible Public Safety Technicians would work a 24 hour shift schedule which would require
them to work 2,912 hours per year rather than the standard 2,080 hours per year (1.40 as many
hours) worked by regular 40 hour per week employees. This type of schedule of 24 hours on, 48
hours off, is utilized by many career fire, rescue, EMS and/or public safety agencies and allowed
by the Fair Labor Standards Act as long as any hours worked over 212 within a 28 day cycle
were compensated as time and a half of the employees’ hourly rate.

       A recommendation was presented to the Board for the accrual of vacation and sick leave
for Public Safety personnel working 24-hour shifts that would be incorporated into the Campbell
County Employee Handbook. There would be three employees starting the 24-hour shifts in
January 2009 with the potential to involve as many as six employees in the future.

        On motion of Supervisor Goldsmith, it was resolved the Board of Supervisors authorizes
the following leave earnings for Public Safety personnel that work 24-hour shifts and modify the
Campbell County Employee Handbook to reflect these changes, as follows:

Sick Leave      (based on 8 hrs x 1.40)                      11.2 hours per month

Annual Leave (based on current Campbell County annual leave amounts x 1.40)

         1st Year of Service - Earned at the rate of 11.2 hrs per month
         2nd Year of Service - Earned at the rate of 12.25 hrs per month
         3rd Year of Service - Earned at the rate of 12.95 hrs per month
         4th Year of Service - Earned at the rate of 14 hrs per month
         5th Year of Service - Earned at the rate of 15.05 hrs per month
                                                                                      2-9
       6th Year of Service - Earned at the rate of 15.75 hrs per month
       Every Year Thereafter - Earned at the rate of 16.80 hrs per month

       Employees may maintain (carry over) up to 336 hours of annual leave each year.

The vote was: Aye:   Falwell, Goldsmith, Gunter, Pendleton, Puckett, Rosser, Shockley
              Nay:   None
           Absent:   None

//     CONSENT AGENDA

       On motion of Supervisor Rosser, it was resolved the Board of Supervisors approves the
following under the Consent Agenda:

a)     Appropriations –

       1)     General Fund, Non-Departmental, deleting $700 from Budget Set Aside and
              appropriating the same to Literacy Administration, Student Assessment, to
              transfer grant funds that were inadvertently reverted to the General Fund at the
              end of FY 2008;

       2)     General Fund, Registrar, deleting $1,300 from Ballots & Election Supplies and
              $400 from Travel – Personal Vehicle Mileage, and appropriating $1,300 to
              COMP – Election Officials and $400 to Travel – Board Members, to pay extra
              number of election officials needed for November 4, 2008 General Election and
              reimburse Electoral Board members for mileage to and from office and to
              precincts on Election Day;

       3)     General Fund, EMS Services, appropriating $15,285 to Other Operating Supplies
              and $16,000 to Campbell County Rescue Squad Paving; and lowers Undesignated
              General Fund Balance by $31,285 for excess EMS billing proceeds received in
              FY 2008 reverted to General Fund, for a Zoll Autopulse device for Department of
              Public Safety and driveway repairs at the Campbell County Rescue Squad as
              approved by the EMSAC;

       4)     School Operating Fund, Classroom Instruction, appropriating $2,500 to National
              Board Certified Teacher Bonus; and raises estimated revenue, National Board
              Certified Teacher Bonus by $2,500, state funding from Department of Education
              for incentive bonus;

       5)     School Operating Fund, Title II A, Improving Teacher Quality, deleting $6,456
              from Employer Cost Health Ins and $2,691.94 from Materials & Supplies; and
              appropriating $23,217.75 to Comp Elem Teachers, $2,483.03 to Stipends,
              $2,782.46 to Employer Cost FICA, $1,567.89 to Employer Cost VRS, $39.33 to
              Employer Cost Group Life, $43,734.53 to Purchased Services and $12,556.01 to
              Travel; and raises estimated revenue, Title II A Improving Teacher Quality by
              $77,233.06;

b)     County Attorney invoices -

       Approves payment to the County Attorney in the amount of $11,225.38 for legal services
       rendered;

c)     CCADM 010-FY 09, Portable Radios

       Accepts low bid from B R Communications, Inc., Harrisonburg, Virginia in the amount
       of $15,502.74 for the purchase of thirty (30) portable radios and three (3) mobile radios
       for the Public Safety Department which includes an extended warranty of three years for
       a total warranty period of five years; and

d)     CCADM 005-FY09, Technology Consultancy Services
                                                                                  2-10
        The existing contract for technology consultancy services expires January 2009. Five
responses to the Request for Proposals (RFP) were received. The Evaluation and Selection
Committee ranked CAS Severn, SyCom Technologies, Virtual IT, Inc., and Yorel Integrated
Solutions, Inc. as vendors capable of providing the requested technology consultancy services.
The selection process allows the County to issue multiple awards to more than one vendor if it
was determined to be in the best interests of the County. Staff recommended they be given the
flexibility to negotiate and execute final contracts for the IT consultancy services in segments in
order to take advantage of the relative strengths in each area of expertise provided by the four
vendors recommended. This would allow the County to get the most value for the monies
expended for IT consultancy services.

       Accepts the recommendation of the Evaluation and Selection Committee and approves
       CAS Severn, SyCom Technologies, Virtual IT, Inc., and Yorel Integrated Solutions, Inc.,
       as the top ranked firms and authorizes staff to negotiate and execute a final contract for
       technology consultancy services with each vendor per the RFP document.

The vote was: Aye:    Falwell, Goldsmith, Gunter, Pendleton, Puckett, Rosser, Shockley
              Nay:    None
           Absent:    None

//     MATTERS FROM THE BOARD

       Mayor Rudy Burgess, Town of Altavista, had bypass surgery about a week ago and was
       doing well.

       To prepare for the public hearing on the request from Integrated Wireless Development
       for a telecommunications antenna, Supervisor Goldsmith indicated he read a publication
       called “Cell Towers – Wireless Convenience or Environmental Hazard.” Some of the
       other Board members might be interested in the publication.

       Supervisor Goldsmith indicated he received complaints from citizens involved in the
       last two telecommunications tower processes about the rudeness and inappropriate
       behavior by the company representatives. Chairman Pendleton commented that in the
       last application, some friction was caused by two property owners competing for the
       same telecommunications tower.

       County Attorney Shreve reminded the Board the Federal Communications Commission
       (FCC) allows localities to control the citing of telecommunications towers within certain
       limits. However, no state or local government could regulate the placement or
       construction of a telecommunications tower on the basis of environmental effects or radio
       frequency emissions to the extent the facilities comply with the FCC’s regulations.
       Denial of an application must be in writing and based on substantial evidence contained
       in the record.

       Supervisor Shockley complimented Cathy Moore, Clerk to the Board, for preparation of
       the October 6 & 7, 2008 minutes. The meetings were long, and he was impressed how
       well she summarized the comments of the speakers.

       Supervisor Falwell indicated he and Supervisor Shockley met with representatives of the
       Timberlake Community Complex (TCC). The TCC was interested in establishing a
       special taxing district, but there was a question as to whether libraries were permitted to
       do so under Section 15.2-2403. He offered a motion to add this to the Board’s 2009
       Legislative Agenda that would be shared with the legislators on December 18th to either
       clarify the code section or initiate legislation to add library facilities & services to the
       activities permitted under that code section.

       On motion of Supervisor Falwell, it was resolved the Board of Supervisors adds the
following to the 2009 Legislative Agenda.

       Legislation to add library facilities & services to the activities permitted under §15.2-
       2403 establishing special service districts.
                                                                                     2-11

The vote was: Aye:        Falwell, Goldsmith, Gunter, Pendleton, Puckett, Rosser, Shockley
              Nay:        None
           Absent:        None

       Administrator Laurrell commented that one of the Board’s top priorities was the role of
       Jet Broadband Internet. To that end, in order to get a public-private partnership and
       vendor relationship, some cell tower regulatory issues would need to be resolved and a
       broader plan adopted as to the placement and approval of cell towers.

//     CLOSED MEETING

        On motion of Supervisor Puckett, it was resolved the Board of Supervisors enters into a
closed meeting at 8:40 p.m. to discuss several possible public nuisances, in accordance with the
legal exemption §2.2-3711 (A)(7) of the Code of Virginia, as amended.

The vote was: Aye: Falwell, Goldsmith, Gunter, Pendleton, Puckett, Rosser, Shockley
              Nay: None
           Absent: None

//      The Campbell County Board of Supervisors entered into a closed meeting on this 1st day
of December, 2008 at 8:40 p.m. to discuss several possible public nuisances, in accordance with
the legal exemption §2.2-3711 (A)(7) of the Code of Virginia, as amended.

       Supervisor Rosser left the meeting at 8:41 p.m.

//     On motion of Supervisor Puckett, it was resolved the meeting return to open session at
8:53 p.m.

The vote was: Aye:        Falwell, Goldsmith, Gunter, Pendleton, Puckett, Shockley
              Nay:        None
           Absent:        Rosser

//     On motion of Supervisor Gunter, the following resolution was adopted:

                               CERTIFICATE OF CLOSED MEETING

WHEREAS, the Campbell County Board of Supervisors had convened a closed meeting on the
1st day of December, 2008 pursuant to an affirmative recorded vote and in accordance with the
provisions of The Virginia Freedom of Information Act; and

WHEREAS, §2.2-3711 of the Code of Virginia requires a certification by the Campbell County
Board of Supervisors that such closed meeting was conducted in conformity with Virginia law;

NOW, THEREFORE, BE IT RESOLVED that the Campbell County Board of Supervisors
hereby certifies that, to the best of each member’s knowledge, (i) only public business matters
lawfully exempted from open meeting requirements by Virginia law were discussed in the closed
meeting to which this certification resolution applies, and (ii) only such public business matters
as were identified in the motion convening the closed meeting were heard, discussed or
considered by the Campbell County Board of Supervisors.

The roll call vote was:    Aye:         Falwell
                           Aye:         Goldsmith
                           Aye:         Gunter
                           Aye:         Pendleton
                           Aye:         Puckett
                           Aye:         Shockley
                           Nay:         None
          Absent During Meeting:        Rosser
            Absent During Vote:         Rosser

//     ACTIONS FOLLOWING CLOSED MEETING
                                                                                 2-12
       On motion of Supervisor Gunter, it was resolved the Board of Supervisors authorizes the
Staff Attorney to institute legal proceedings to abate public nuisances on the following
properties:

       Troy H. Dudley                               829 Riverbend Road
       Boyd E. & Freddie D. Ferguson                2208 Stage Coach Road
       Willie E. Franklin, Jr. and Karen Franklin   340 Willis Drive
       Willie E. Franklin, Jr.                      381 Willis Drive
       Gary P. Hubbard                              5766 Wards Road
       Sharon D. Johnson                            199 Westridge Circle
       David A. Jones                               199 Westridge Circle

The vote was: Aye:    Falwell, Goldsmith, Gunter, Pendleton, Puckett, Shockley
              Nay:    None
           Absent:    Rosser

//     ADJOURNMENT

       On motion of Supervisor Gunter, the meeting was adjourned at 8:57 p.m.

The vote was: Aye:    Falwell, Goldsmith, Gunter, Pendleton, Puckett, Shockley
              Nay:    None
           Absent:    Rosser

                                     ____________________________________
                                     HUGH T. PENDLETON, JR., CHAIRMAN

                                     Approved: _________________