The Docket · Government Meeting · DKT-2026-004254

On the agenda: Amherst County Board of Supervisors — Colocation (Oct 20)

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Page 1 of 87

AMHERST COUNTY
BOARD OF SUPERVISORS
Board of Supervisors
Tom Martin, Chair
District 1
Chris Adams, Vice-Chair
District 3
David W. Pugh, Jr., Supervisor
District 4
Frank Campbell, Supervisor
District 5
Claudia D. Tucker, Supervisor
District 2

AGENDA
October 20, 2026
Administration Building - 153 Washington
Street - Public Meeting Room
Amherst, Virginia 24521
7:00 PM

Call to Order

II.

Approval of Agenda

III.

Invocation and Pledge of Allegiance

IV.

Citizen Comment

Public Hearing

VI.

Ordinance 2026-7

Special Exception 2026-332 Roberson

Winton Agreement

VIII.

County Attorney
Mark Popovich

Minutes - October 6, 2026

Special Presentation
A.

Commemorative Resolution 2026-5-CR Joyce "JoJo" Allcock

New County Website

New Business
A.

DEQ Landfill Financial Assurance

IX.

County Attorney's Report

Liaison and Committee Reports

XI.

Jeremy Bryant

Consent Agenda
A.

VII.

County Administrator

Planning Commission - Chris Adams

Emergency Services Council - Chris Adams

Parks, Recreation & Cultural Development Board - Tom Martin

Citizen Comment

Page 2 of 87

XII.

Matters from Members of the Board of Supervisors

XIII.

Adjournment

Page 3 of 87

Agenda Item V.A.

Meeting Date:

October 20, 2026

Department:

Planning & Zoning

Topic:

Ordinance 2026-7

Board Action:

The Board is conducting a public hearing regarding Ordinance 2026-7.

Attachment:
1.
Ord 2026-7
Summary: Amending and reenacting the Amherst County Code by amending and reenacting
Appendix A, Zoning and Subdivisions, Article III. Definitions of Terms Used in This Ordinance,
Section 302 - Specific Definitions, Article VII. Use Requirements by Zoning Districts, Section 703 –
Limited Residential District R-1, Section 711 – Mixed Use/Traditional Neighborhood Development
(MU/TND) District, Section 712 – Residential Mixed-Use District RMU-1, Article IX. Special
Provisions Section 919 – Personal Wireless Service Facilities, Article XIV. Relationship of This
Ordinance to Public Bodies Section 1402 – The Board of Zoning Appeals, and Article VI. General
Provisions Section 601- Nonconforming lots, buildings and uses. This ordinance updates the Amherst
County Code to align with the Virginia Code. These updates include the following, but are not limited
to, manufactured homes, temporary wireless service facilities, and the procedure of appeal of a Board of
Zoning Appeals determination.
The Planning Commission recommended approval of this Ordinance.
Recommended Motion:

I move that the Board adopt Ordinance 2026-7 as presented.

Comprehensive Plan Impact:

Not addressed.

Page 4 of 87

Amherst County Board of Supervisors
County Ordinance No. 2026-7

AN ORDINANCE, NO. 2026-7

Amending and reenacting the Amherst County Code by amending and reenacting Appendix A,
Zoning and Subdivisions, Article III. Definitions of Terms Used in This Ordinance, Section 302 Specific Definitions, Article VII. Use Requirements by Zoning Districts Section 703 – Limited
Residential District R-1, Section 711 – Mixed Use/Traditional Neighborhood Development
(MU/TND) District, Section 712 – Residential Mixed-Use District RMU-1, Article IX. Special
Provisions Section 919 – Personal Wireless Service Facilities, Article XIV. Relationship of This
Ordinance to Public Bodies Section 1402 – The Board of Zoning Appeals, and Article VI. General
Provisions Section 601- Nonconforming lots, buildings and uses.

Approved as to form and legality by the Amherst County Attorney

PUBLIC HEARING: Planning Commission, September 17, 2026
FIRST READING: Board of Supervisors, October 6, 2026
PUBLIC HEARING: Board of Supervisors, October 20, 2026
WHEREAS, the Amherst County Board of Supervisors now deems it appropriate to amend and
reenact the Amherst County Zoning Ordinance in order to conform with newly enacted provisions of the
Code of Virginia.
NOW, THEREFORE, BE IT HEREBY ORDAINED by the Amherst County Board of
Supervisors that the Amherst County Zoning Ordinance be amended and reenacted by amending and
reenacting Appendix A, Zoning and Subdivisions, Article III. Definitions of Terms Used in This
Ordinance, Section 302 - Specific Definitions, Article VII. Use Requirements By Zoning Districts Section
703 – Limited Residential District R-1, Section 711 – Mixed Use/Traditional Neighborhood Development
(MU/TND) District, Section 712 – Residential Mixed-Use District RMU-1, Article IX. Special Provisions
Section 919 – Personal Wireless Service Facilities, Article XIV. Relationship of This Ordinance to Public
Bodies Section 1402 – The Board of Zoning Appeals, and Article VI. General Provisions Section 601Nonconforming lots, buildings and uses as follows:
Section 302. – Specific definitions
…
Manufactured home. A structure designed to be used as a single-family dwelling, built in the controlled
environment of a manufacturing plant to the Manufactured Home Construction and Safety Standards
(HUD Code), transportable in one (1) or more sections on a permanent chassis with a red certificate
label on the exterior of each transportable section. A structure subject to federal regulation, which is

Page 5 of 87

transportable in one or more sections; is eight body feet or more in width and forty body feet or more in
length in the traveling mode, or is 320 or more square feet when erected on site; is built on a permanent
chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation,
when connected to the required utilities; and includes the plumbing, heating, air-conditioning, and
electrical systems contained in the structure.
…
703. - Limited Residential District R-1.
…
703.02. Permitted uses. Within the Limited Residential District R-1, the following uses are permitted:
1. Single-family dwellings, other than townhouses subject to Section 912, that are built in accordance
with the Virginia Statewide Building Code.
2. Accessory structures.
…
13. Manufactured homes subject to the following conditions:
a. The manufactured home shall be converted to real property in accordance with Virginia State
Code Section 46.2-653.1.
b. The manufactured home shall be constructed so that the certificate of occupancy is issued
within five years following the date of manufacture listed on the home's data plate.
c. The manufactured home shall be placed on an individual lot.
…
711. - Mixed Use/Traditional Neighborhood Development (MU/TND) District.
…
711.08. Permitted Uses within the MU/TND District. Land uses within a MU/TND District shall be
permitted either by right ("P") or by special exception ("SE"), or are prohibited ("X") as follows:

Use/Activity

Neighborhood
Center

Residential
Neighborhoods

Open Space

Drive-through windows serving
or associated with permitted uses
provided such facilities are
located at the rear or side of the
structure and do not conflict with
pedestrian travel ways. In no
case shall the drive through lane
or window abut or face a public
street

Outdoor storage, display and/or
sales serving or associated with a
by-right permitted use, if any
portion of the use would be
visible from a travel way

Any commercial, service, or
industrial use over 20,000 square
feet

X
5

Page 6 of 87

Use/Activity

Neighborhood
Center

Residential
Neighborhoods

Open Space

Fuel sales with pumps located at
the rear or side of the associated
retail structure and which do not
conflict with pedestrian travel
ways or interrupt street frontage.
In no case shall the gas pump
canopy abut a public street

Outdoor seating associated with
restaurants is permitted

Mixed use buildings

Single-family detached dwellings

Single-family attached
dwellings, including two-family
dwellings or duplexes,
townhouses, row houses

Multi-family dwellings

Live/work units

Accessory structures associated
with single-family dwellings

Home occupations are permitted,
in accordance with Section 905

Accessory parking structures,
lots or areas associated with
permitted multi-family or open
space uses

Senior living facility

Short-term tourist rental of a
dwelling per Article IX, Special
Provisions, Section 916

Solar generation facilities, small

Manufactured homes subject to
the following conditions:

Residential

Page 7 of 87

Use/Activity

Neighborhood
Center

Residential
Neighborhoods

Open Space

a. The manufactured home shall
be converted to real property in
accordance with Virginia State
Code Section 46.2-653.1.
b. The manufactured home shall
be constructed so that the
certificate of occupancy is issued
within five years following the
date of manufacture listed on the
home's data plate.
c. The manufactured home shall
be placed on an individual lot.

…
711.09. Development Density. The permitted minimum development densities are as follows:
1. Residential Densities: a minimum of four (4) single-family detached dwellings, or four (4)
manufactured homes, or six (6) townhouses (two-family and row houses included), or twelve (12)
multi-family units per net residential acre.
2. Non-Residential Densities: non-residential gross floor area ratios shall be a minimum of 0.4 F.A.R.
(excluding designated Open Space).
3. Calculating Density for Mixed Use Buildings: the residential floor area of mixed use buildings shall
not be used when calculating the maximum non- residential floor area permitted. Multi-family
residential uses up to twenty-five (25) units per net acre maximum shall be permitted if included on the
upper floors of a building with ground floor commercial use.
711.10. Lot and Building Requirements.
1. Residential lot and building standards.
a. Minimum lot area.
i. Single-family detached dwellings and manufactured homes: Four thousand (4,000) square
feet where served by an ally or six thousand (6,000) square feet where not served by an ally.
ii. Two-family dwellings: Eight thousand (8,000) square feet.
iii. Single-family attached dwellings: as provided in Section 912.
iv. Multi-family structures: as provided in Section 801.
b. Minimum lot width.
i. Single-family detached dwellings and manufactured homes: Forty (40) feet.
ii. Two-family dwellings: Sixty (60) feet.
iii. Single-family attached dwellings: as provided in Section 912.
iv. Multi-family structures: One hundred ten (110) feet.
c. Maximum lot coverage. Seventy-five (75) percent.
d. Required yards.
i. Front.
• Single-family detached, manufactured homes, and two-family dwellings:

Page 8 of 87

•

• Minimum: six (6) feet in the Neighborhood Center; ten (10) feet in
Residential Neighborhoods.
• Maximum: fifteen (15) feet in the Neighborhood Center; twenty-five (25) feet
in Residential Neighborhoods,
Single-family attached and multi-family dwellings:
• Minimum: six (6) feet in Neighborhood Center; ten (10) feet in the
Neighborhood Residential area.
• Maximum: fifteen (15) feet.
• Multi-family dwellings shall be permitted to be setback off of an access drive
so long as all other provisions of Article 711 are met.

ii. Side.
• Single-family detached, manufactured homes, and two-family dwellings:
• Minimum: Six (6) feet
• Maximum: None.
• Single-family attached and multi-family dwellings:
• Minimum: Five (5) feet
• Maximum: None.
iii. Rear.
• Single-family detached, manufactured homes, and two-family dwellings:
• Minimum: Thirty (30) feet; may include alley.
• Maximum: None.
• Single-family attached and multi-family dwellings:
• Minimum: Thirty (30) feet; may include alley.
•
Maximum: None.
e. Separation of structures. Groups of single-family attached dwellings and multi-family structures shall
be separated from each other by a minimum of fifteen (15) feet.
…
712. - Residential Mixed-Use District RMU-1.
…
712.02. Permitted uses.
1. Single-family dwellings that are built in accordance with the Virginia Statewide Building Code.
…
19. Storm-water facility lots as provided in section 1207.04.
20. Manufactured homes subject to the following conditions:
a. The manufactured home shall be converted to real property in accordance with Virginia State
Code Section 46.2-653.1.
b. The manufactured home shall be constructed so that the certificate of occupancy is issued
within five years following the date of manufacture listed on the home's data plate.
c. The manufactured home shall be placed on an individual lot.
20. 21. Any other use which the planning director determines is consistent with the statement of intent
for this district and is of the same general character as permitted uses in this district.
919.00. - Personal Wireless Service Facilities.
…
919.03 Definitions. The following definitions, in addition to applicable definitions contained in section
302, shall apply to facilities placed, constructed, or modified under section 919:
…
Skylighted means the sky is the backdrop of any portion of a personal wireless service facility.
Temporary support structure means a monopole or portable wireless communications facility used to
provide wireless voice, data, or image transmission within a designated area. A temporary support

Page 9 of 87

structure does not have a permanent location on the ground, including the pouring of a concrete footing
or the laying of a permanent foundation.
Tier One areas means areas not located in an avoidance area which are (i) land or other property owned
by the federal government, the Commonwealth, or the county; (ii) existing tower sites; and (iii) sites
located in the Public Lands District (P-1), Industrial District (M-1), General Commercial District (B-2),
and the Agricultural District (A-1), as those districts are specified in article VII of this appendix.
…
919.08. Review Process
A. The zoning permitting process for sites not located in avoidance areas shall be as outlined in the
following Facility Siting Table. The symbol "P" denotes a permitted by right use; the symbol "SE"
denotes a special exception use.
FACILITY TYPE

TIER ONE AREAS
(P-1, A-1, B-2,
M-1 Districts)

New construction - concealed; up to 150 feet
New construction - concealed; more than 150
feet
New construction - not concealed; up to 120 feet
New construction - not concealed; 121 to 199
feet
Attached Antenna; no increase in height

SE
SE

TIER TWO AREAS
(R-1, R-2, R-3, and
Village Center
Districts)
Not permitted
Not permitted

SE
SE

Not permitted
Not permitted

Attached Antenna; increase in height up to 120';
no increase in width of dish or parabolic antenna
("width") beyond 4'

Attached Antenna; increase in height above 120'
and/or width greater than 4'

P: Placed on existing
electrical utility or
radio tower resulting in
a height no greater than
120 feet.
SE: Placed on existing
electrical utility or
radio tower resulting in
a height between 121
and 199 feet.
SE: Placed on existing
freestanding
nonresidential structure
or tower other than
electrical utility or
radio tower resulting in
a height of up to 199
feet.
P: Placed on existing
electrical utility or
radio tower resulting in
a height no greater than
120 feet.
SE: Placed on existing
electrical utility or
radio tower resulting in
a height between 121
and 199 feet.
SE: Placed on existing
freestanding
nonresidential structure
9

Page 10 of 87

Colocation on existing facility with no increase
in height or width

Colocation on existing facility requiring a 20'
increase in height, up to 120' total height; no
increase in width beyond 4'

Colocation on existing facility requiring a 20'
increase or more in height, up to 121' to 199' in
total height, and/or increase in width beyond 4'

Combined antennas; no increase in height or
width

or tower other than
electrical utility or
radio tower resulting in
a height of up to 199
feet.
P: Placed on existing
electrical utility or
radio tower resulting in
a height no greater than
120 feet.
SE: Placed on existing
electrical utility or
radio tower resulting in
a height between 121
and 199 feet.
SE: Placed on existing
freestanding
nonresidential structure
or tower other than
electrical utility or
radio tower resulting in
a height of up to 199
feet.
P: Placed on existing
electrical utility or
radio tower resulting in
a height no greater than
120 feet.
SE: Placed on existing
electrical utility or
radio tower resulting in
a height between 121
and 199 feet.
SE: Placed on existing
freestanding
nonresidential structure
or tower other than
electrical utility or
radio tower resulting in
a height of up to 199
feet.
P: Placed on existing
electrical utility or
radio tower resulting in
a height no greater than
120 feet.
SE: Placed on existing
electrical utility or
radio tower resulting in
a height between 121
and 199 feet.
SE: Placed on existing
freestanding
nonresidential structure
or tower other than

Page 11 of 87

Combined antennas with increase of 20' in height
up to a total of 120', no increase in width

Combined antennas with increase of 20' or more
in height above 120' and/or an increase in width
greater than 4'

Replacement of antenna element w/out other
changes
Replacement of antenna facility or other
component of existing facility with no increase in
height or width

No zoning permit
required.
P

Replacement of antenna facility or other
component of existing facility with increase in
height up to 120' and no increase in width
Replacement of antenna facility or other
component of existing facility with increase in
height above 120' or in width greater than 4'
Mitigation with no increase in height or width
Mitigation with increase in height up to 120

electrical utility or
radio tower resulting in
a height of up to 199
feet.
P: Placed on existing
electrical utility or
radio tower resulting in
a height no greater than
120 feet.
SE: Placed on existing
electrical utility or
radio tower resulting in
a height between 121
and 199 feet.
SE: Placed on existing
freestanding
nonresidential structure
or tower other than
electrical utility or
radio tower resulting in
a height of up to 199
feet.
No zoning permit
required.
P: Replacement of
attached antenna on
existing electrical
utility or radio tower
resulting in a height no
greater than 120 feet.
P: Replacement of
attached antenna on
existing electrical
utility or radio tower
resulting in a height
between 121 and 199
feet.
P: Replacement of
attached antenna on
existing, freestanding
nonresidential structure
or tower other than
electrical utility or
radio tower resulting in
a height of up to 199
feet.
Not permitted

Not permitted

P
SE

P
SE
11

Page 12 of 87

percent of the tallest tower or support structure in
the facility
Temporary Support Structure

919.12. Temporary support structures.
A. A temporary support structure that is 80 feet or less in height, on wheels, and erected for less
than 30 days shall not be required to obtain a building permit. A building permit shall be
required for a temporary support structure over 80 feet in height or that is erected for 30 days or
more.
B. An application for a temporary support structure shall demonstrate that it is necessary for one of
the following reasons:
1. Administering limited frequency and modulation testing to evaluate system
performance and the need for additional wireless facility sites;
2. Supplementing communications coverage when a previously permitted wireless facility
has become involuntarily non-operational through an accident or natural disaster;
3. A substantial increase in the communications needs of the locality due to an emergency
declared by the locality, Commonwealth, or federal government;
4. A substantial increase in the communications needs of the businesses, residents, or
visitors of the locality for a limited period of time due to a special event held within the
locality; or
5. Any other reason deemed necessary and appropriate by the locality.
C. An application for a temporary support structure may request approval for up to 180 days. This
extension may be granted if (i) the requests are made in writing prior to the expiration of the
initial approval period or current extended approval period, (ii) the extensions are reasonably
necessary to resolve or accommodate the reasons for the initial approval, and (iii) the total time
approved for extensions, including the initial 180 day period, does not exceed two years.
D. A temporary support structure shall be removed at the cost of the owner and the site restored to
its previous condition within 48 hours of the end of the approval period.
1402. – The Board of Zoning Appeals.
…
1402.06. Appeal of decision of board of appeals.
A. Any person or persons jointly or severally aggrieved by any decision of the board of
appeals, or any aggrieved taxpayer or any officer, department, board or bureau of the
county may, within 30 days after the final decision of the board, file with the clerk of the
circuit court for the county a petition that shall be styled "[Petitioner v. Respondent] In Re:
date Decision of the Board of Zoning Appeals of Amherst County" specifying the grounds
on which aggrieved within thirty (30) days after the final decision of the of the board of
appeals. Such 30-day filing requirement shall be mandatory and jurisdictional.
Upon the presentation of such petition, the court shall allow a writ of certiorari to review
the decision of The governing body, the applicant before the board of zoning appeals, and
the landowner of record, if such landowner of record is a different party from the
applicant, and shall prescribe therein the time within which a return thereto must be made
and be the necessary parties to the proceedings in the circuit court. All necessary parties
shall be listed as either petitioner or respondent as appropriate. The circuit court may
permit intervention by any other person or persons jointly or severally aggrieved by any
decision of the board of zoning appeals. The petition shall be served upon all necessary
parties and served upon the secretary of the board of zoning appeals, which shall not be
less than ten (10) days within 30 days and may be extended by the court after the petition
is filed with the clerk of the circuit court. The allowance of the writ shall not stay
proceedings upon the decision appealed from, but the court may, on application, on notice
to the board of appeals and on due cause shown, grant a restraining order Service of
process upon a respondent more than 30 days after the petition is filed shall be timely
upon a finding by the court that the petitioner exercised due diligence to have timely

Page 13 of 87

service made upon the respondent. Failure to timely file and serve the petition shall result
in a dismissal of the matter.
Any review of a decision of the board of appeals shall not be considered an action against
the board of appeals and the board of appeals shall not be a necessary party to the
proceedings; however, the board of appeals shall participate in the proceedings to the
extend extent required by this section or to the extent required by the circuit court. The
board of supervisor, the landowner, and the applicant before the board of appeals shall be
necessary parties to the proceedings in the circuit court. The court may permit intervention
by any other person or persons jointly or severally aggrieved by any decision of the board
of appeals.
The timely filing and service of a petition shall not stay the proceedings of an appeal of a
decision by the board of zoning appeals but the circuit court may, upon motion by a
petitioner with notice to the board of zoning appeals and all necessary parties, grant a
temporary restraining order or preliminary injunction pursuant to Rule 3:26 of the Rules of
the Supreme Court of Virginia.
B. The filing of the record of the proceedings by the secretary of the board of zoning appeals
and the filing of a response by any respondent shall be in accordance with the provisions
of this subsection. The secretary of the board of zoning appeals shall, within 21 days of
being served with the petition, file the record of the proceedings at issue in the petition
unless extended by the circuit court for good cause shown. The filing of the record of the
proceedings shall not require the board of zoning appeals shall not be required to return
the original papers acted upon by it, but it shall be sufficient to return certified or sworn
copies thereof or of the portions thereof as may be called for by the writ. The return shall
concisely set forth such other facts as may be pertinent and material to show the grounds
of the decision appealed from and shall be verified.
Any respondent may file a response to the petition within 21 days of (i) the filing of the
record of the proceedings or (ii) service of the petition upon such respondent, whichever is
later, unless such time to file a response is extended by the circuit court for good cause
shown. No petitioner shall file a reply unless granted leave by the circuit court to do so for
good cause shown.
C. The circuit court shall conduct a hearing as promptly as possible to make a ruling on the
petition and any response made to the petition. Any party may introduce evidence in the
proceedings in the court in accordance with the Rules of Evidence of the Supreme Court
of Virginia, however the methods and procedures of discovery pursuant to Part 4 of the
Rules of the Supreme Court of Virginia shall not apply to the proceedings described in this
section.
The circuit court may reverse or affirm, wholly or partly, or may modify the decision
brought up for review.
D. The following cases brought before the circuit court shall be conducted as follows:
1. In the case of an appeal from the board of appeals to the circuit court of an order,
requirement, decision, or determination of a zoning administrator or other
administrative officer in the administration or enforcement of any ordinance or
provision of state law, or any modification of zoning requirements pursuant to § 15.22286, under Section 1402.03.1, the findings and conclusions of the board of zoning
appeals on questions or fact shall be presumed to be correct. The appellant may rebut
the presumption by proving by a preponderance of the evidence, including the record
before the board of zoning appeals, that the board of zoning appeals erred in its
decision. The circuit court shall hear any arguments on questions of law de novo.
2. In the case of an appeal by a person of any decision of the board of zoning appeals
that denied or granted an application for a variance, the decision of the board of
zoning appeals shall be presumed to be correct. The appellant may rebut that
presumption by proving by a preponderance of the evidence, including the record
before the board of zoning appeals, that the board of zoning appeals erred in its
decision.

Page 14 of 87

In the case of an appeal from the board of appeals to the circuit court, any party may
introduce evidence in the proceedings in the court in accordance with the Rules of
Evidence of the Supreme Court of Virginia.
3. Costs shall not be allowed against the locality or the governing body unless it shall
appear to the circuit court that it acted in bad faith or with malice in making the
decision appealed from. In the event the decision of the board is affirmed and the
court finds that the appeal was frivolous, the circuit court may order the person or
persons who requested the issuance of the writ of certiorari filed the petition to pay the
cost incurred in making the return of the record pursuant to the writ of certiorari filing
the record of the proceedings before the board of zoning appeals. If the petition is
withdrawn subsequent to the filing of the return record of the proceedings, the board
of supervisors may request that the circuit court hear the matter on the question of
whether the appeal was frivolous.

601. – Nonconforming lots, buildings and uses.
…
601.05. Manufactured Home(s)
1. Notwithstanding subsections 601.02 through 601.04 above, nothing in this section shall be
construed to prevent the land owner or home owner from removing a valid nonconforming
manufactured home from a manufactured home park and replacing that home with another
comparable manufactured home that meets the current HUD Manufactured Housing Code. A
land owner or home owner may also place a manufactured home that meets the current HUD
manufactured housing code upon any open lot in a valid nonconforming manufactured home
park regardless of whether a valid nonconforming manufactured home is currently located on
such lot. In such manufactured home park, a single-section home may replace a single-section
home and a multi-section home may replace a multi-section home.
2. The owner of a valid nonconforming manufactured home not located in a manufactured home
park may replace that home with a newer manufactured home, either single- or multi-section,
that meets the current HUD Manufactured Housing Code. For the purposes of determining
whether a use has been continuous pursuant to subsections 601.02 through 601.04, an existing
manufactured home shall be considered a valid non-conforming manufactured home regardless
of whether such manufactured home has been occupied during the preceding two-year period.
Any such replacement home shall retain the valid nonconforming status of the prior home.
601.056. Oil and gas leases.
601.067. Nonconforming signs.

§ 2.

That this ordinance shall be in force and effect upon adoption.

Adopted this 20th day of October 2026.

Page 15 of 87

Tom Martin, Chair
Amherst County Board of Supervisors

Member
Tom Martin, ……… …………………………………………….
Chris Adams, ……………..……………….…………………….
David W. Pugh, Jr. …………………………………………….
Frank Campbell …………………………………………………
Claudia D. Tucker. ……………………………………………..

Vote

ATTEST:
Jeremy S. Bryant, Clerk
Amherst County Board of Supervisors

Page 16 of 87

Agenda Item V.B.

Meeting Date:

October 20, 2026

Department:

Planning & Zoning

Topic:

Special Exception 2026-332 Roberson

Board Action: The Board is conducting a public hearing for a special exception in the Route 130
Overlay District.
Attachment:
1.
Staff Report, Application and Supporting Documents
2.
Roberson Adj Notice & Ad
3.
Support Letter
Summary: Request by Tonya Roberson for a special exception in the Route 130 Overlay District.
The purpose of the special exception is to allow a manufactured home. The property is zoned A-1
Agricultural Residential District. The property is located at 4398 Elon Road and 4400 Elon Road
(demolished structure) and is further identified as tax map number 104-A-59A.
Recommended Motion:
2026-332, 6-0.

The Planning Commission recommended approval of Special Exception

Approval
Based on the analysis, I move to approve Special Exception 2026-332 with the listed conditions:
1. The site shall be developed in general conformance with the plot plan dated July 7, 2026.
2. The proposed driveway shall meet all fire access requirements as prescribed by the County’s
Fire Marshall before the issuance of a Certificate of Occupancy.
3. All existing vegetation located within 50 feet of Elon Road shall be maintained along the front
property line. This requirement shall not restrict or otherwise impede the property owner’s
ability to install or maintain necessary or applicable utilities.
4. The applicant shall either receive approval from the Virginia Department of Health for a Safe,
Adequate, and Proper, indicating that the existing septic and drainfield are deemed functional, or
receive approval for the construction of a new septic and drainfield.
Denial
Based on the analysis, I move to deny Special Exception 2026-332.
Comprehensive Plan Impact: The Future Land Use Map designates this area as Agricultural
Limited. The Comprehensive Plan states that this designation is intended to preserve agricultural land,
maintain rural character, and support compatible rural economic activities. Relevant policy guidance
includes:
Transportation
Transportation Network Inventory & Existing Conditions Route 130, also known as Elon Road, is one
16

Page 17 of 87

of the region’s few official Virginia Scenic Byways (pg. 63)
Housing
Goal 1 To ensure access to safe, comfortable, attractive and affordable housing for all County residents
(pg. 135).
Land Use
Blue Ridge Parkway The Blue Ridge Parkway is a significant social, cultural, recreational and
economic resource for Amherst County. The County must be proactive to ensure that this resource is
sustained for future generations. The County should consider the visual negative impact of new
development on the character of the Parkway, specifically development along the Route 130 and Route
60 approach corridors (pg. 159). Protect the “gateways” to the Parkway. Route 60 and Route 130 are
the gateways to the Parkway in Amherst County. Parkway visitors develop first impressions of the
County based upon the scale and character of development along these routes. The County’s current
zoning regulations should be evaluated to determine whether or not they are sufficient in scope to
require that development along these critical gateways be compatible with the rural and scenic nature
of the Parkway’s environs. If not, the County should consider adopting zoning amendments to create
scenic corridor overlays that would manage the scale and character of new developments along these
corridors (pg. 160).
Goal 3 Minimize the negative environmental impacts of new and existing residential, commercial, and
industrial development. (pg. 190).
Goal 3, Objective 2 Ensure that all new development not served by public water and sewer has
adequate potable water and wastewater facilities (pg. 190).
Goal 4, Objective 2 Preserve and enhance scenic corridors. (pg. 192).
Goal 4, Objective 2, Strategy 2 Provide and enforce regulations limiting placement of abandoned
vehicles, household items, etc. in view of public rights-of-way (pg. 192).
Single-wide manufactured homes may serve as an affordable housing option when located and
developed in a manner that:
• Protects public health, safety, and welfare
• Maintains compatibility with surrounding development
• Preserves rural and scenic character
• Minimizes impacts on infrastructure and public services
Based upon the natural topography and existing vegetation and the proposed placement of the
manufactured house, it would appear that the petition would align with the County’s comprehensive
plan by protecting the viewshed of the scenic corridor, the public safety, health, and welfare of the
community, and provide an option for affordable housing.

Page 18 of 87

COUNTY OF AMHERST
Department of Community Development
Division of Planning & Zoning
TELEPHONE (434) 946-9303

FAX (434) 946-9370

AMHERST COUNTY ADMINISTRATION BUILDING
153 WASHINGTON STREET
P. O. Box 390
AMHERST, VIRGINIA 24521

To:
Planning Commission
From: Planning Division
Date: September 17, 2026
Re:
SPECIAL EXCEPTION 2026-332: A-1, Agricultural Residential –
Manufactured Home within Route 130 Overlay – Tax Map No. 104-A-59A

PETITIONER
Tonya Roberson

II.

LOCATION
The subject property is located at 4398 Elon Road (4400 Elon Road is demolished) and
is further identified as Tax Map Number 104-A-59A. The parcel contains approximately
3.2 acres and is zoned A-1 Agricultural Residential.

III. REQUEST
The applicant requests approval of a Special Exception Permit to allow the placement of
a manufactured home that is less than twenty (20) feet in width within the Route 130
overlay zone. The proposal would include a single-family manufactured home.

IV.

LEGAL AUTHORITY
The authority for the approval of special exceptions is granted to localities under the
Code of Virginia § 15.2-2286, which permits local governing bodies to allow certain uses
subject to additional review and conditions.
Pursuant to the Code of Virginia § 15.2-2286, special exceptions are uses that the
governing body has determined may be appropriate within a zoning district when
certain conditions and safeguards are applied to ensure compatibility with surrounding
uses.
Pursuant to section 913.02.1 of Article IX of Appendix A of the Code of the County of
Amherst, Manufactured homes less than twenty (20) feet in width are permitted only as
special exceptions in accordance with section 1003.03.

Page 19 of 87

In evaluating a Special Exception Permit request, the Planning Commission and Board
of Supervisors must consider the standards established in Section 1003.03.5 of the
Amherst County Zoning Ordinance, including:
•
•
•
•

Compatibility with surrounding land uses
Impacts on public health, safety, and welfare
Consistency with the Comprehensive Plan
Adequacy of public facilities and services

COMPREHENSIVE PLAN ANALYSIS
The Future Land Use Map designates this area as Agricultural Limited. The
Comprehensive Plan states that this designation is intended to preserve agricultural
land, maintain rural character, and support compatible rural economic activities.
Relevant policy guidance includes:
Transportation
Transportation Network Inventory & Existing Conditions Route 130, also known as
Elon Road, is one of the region’s few official Virginia Scenic Byways (pg. 63)
Housing
Goal 1 To ensure access to safe, comfortable, attractive and affordable housing for all
County residents (pg. 135).
Land Use
Blue Ridge Parkway The Blue Ridge Parkway is a significant social, cultural,
recreational and economic resource for Amherst County. The County must be
proactive to ensure that this resource is sustained for future generations. The County
should consider the visual negative impact of new development on the character of the
Parkway, specifically development along the Route 130 and Route 60 approach
corridors (pg. 159). Protect the “gateways” to the Parkway. Route 60 and Route 130
are the gateways to the Parkway in Amherst County. Parkway visitors develop first
impressions of the County based upon the scale and character of development along
these routes. The County’s current zoning regulations should be evaluated to
determine whether or not they are sufficient in scope to require that development
along these critical gateways be compatible with the rural and scenic nature of the
Parkway’s environs. If not, the County should consider adopting zoning amendments
to create scenic corridor overlays that would manage the scale and character of new
developments along these corridors (pg. 160).
Goal 3 Minimize the negative environmental impacts of new and existing residential,
commercial, and industrial development. (pg. 190).
Goal 3, Objective 2 Ensure that all new development not served by public water and
sewer has adequate potable water and wastewater facilities (pg. 190).
Goal 4, Objective 2 Preserve and enhance scenic corridors. (pg. 192).

Page 20 of 87

Goal 4, Objective 2, Strategy 2 Provide and enforce regulations limiting placement of
abandoned vehicles, household items, etc. in view of public rights-of-way (pg. 192).
Single-wide manufactured homes may serve as an affordable housing option when
located and developed in a manner that:
• Protects public health, safety, and welfare
• Maintains compatibility with surrounding development
• Preserves rural and scenic character
• Minimizes impacts on infrastructure and public services
Based upon the natural topography and existing vegetation and the proposed
placement of the manufactured house, it would appear that the petition would align
with the County’s comprehensive plan by protecting the viewshed of the scenic
corridor, the public safety, health, and welfare of the community, and provide an option
for affordable housing.

VI.

ZONING AND LAND USE ANALYSIS

The A-1 Agricultural Residential District is intended to:
•
•
•

Preserve agricultural lands
Protect rural character
Discourage scattered commercial development in rural areas

Code 702.02.4 designates manufactured homes as a permitted by-right use in the A-1,
Agricultural Residential District. Article 913, which regulates the Route 130 Corridor,
designates an overlay zone that extends four hundred (400) feet beyond the right-ofway of Route 130, as prescribed by the Virginia Department of Transportation, on both
sides of the right-of-way. Code 913.02.1 indicates manufactured homes less than twenty
(20) feet in width are permitted only as special exceptions in accordance with section
1003.03.
Code 408 indicates two additional dwellings may be permitted on the same parcel of
land as the main dwelling so long as the following requirements are met:
One Additional Dwelling on a Single Lot Requirements
Standard
Zoning District
Minimum lot area
Minimum lot width
Maximum lot coverage
Minimum Yard Requirements

Minimum
A-1, R-2 or Public Lands
Two acres
200 feet
25 percent
125’ front; 25’ side; 25’ rear

Subject Parcel
A-1, Agricultural Residential
3.2 acres
630.55 feet
Well under 34,848 square foot threshold
See attached plot plan

VII. SURROUNDING LAND USES
The surrounding area is characterized primarily by:
• Agricultural land
• Vacant wooded parcels
• Low-density single-family residential uses

Page 21 of 87

All surrounding parcels are zoned A-1 Agricultural Residential. One single-family
dwelling is directly across the road. The parcels adjoining the subject parcel to the East
and West are vacant with wooded areas and small pastures. Approximately half a mile
west of the subject parcel is one of the more residentially dense areas of Elon Road.
This area consists of single-family dwellings and manufactured homes. The Board of
Supervisors approved Special Exception 2022-453 in October of 2022 to place a
doublewide on Tax Map No. 104-A-45A, which is also within the Route 130 Overlay
District.
GIS LINK

VII. SITE CHARACTERISTICS
The subject property contains approximately 3.2 acres and includes a dwelling and a
few accessory structures. The parcel sits above Route 130 by approximately forty feet,
with thick vegetation between Route 130 and the proposed house site. There is an
existing entrance from Route 130, and this driveway also serves as an easement for the
adjoining parcel, Tax Map No. 104-A-59.
The applicant indicated in the application that if their petition is approved, they intend
to use the existing septic tank and drainfield that was associated with 4400 Elon Road
(demolished structure). The Virginia Department of Health (VDH) has indicated that
they have no record of this septic system and stated that VDH would request a Safe,
Adequate, and Proper (SAP) that could prove an existing system for 4400 was found
and deemed functional. VDH would also accept paperwork from a licensed soil scientist
for the construction of a new drainfield.

IX. TRAFFIC AND ACCESS

The property is accessed by an existing driveway from Route 130. This driveway also
serves an easement for the adjoining parcel, Tax Map No. 104-A-59. The Virginia
Department of Transportation had no concerns or required upgrades for the proposal.

PUBLIC SAFETY AND EMERGENCY SERVICES
Staff does not anticipate any major concerns and has provided a recommended
condition to ensure the driveway meets fire access standards.

XI. POTENTIAL IMPACTS

Staff does not expect major impacts on the surrounding community with this request.
Manufactured homes are a permitted, by-right use in the A-1, Agricultural Residential
District, except for when they are located within the 400’ Route 130 Overlay. To that
extent, approximately half a mile west of the subject parcel, there are several
manufactured homes that are within the overlay district. Staff believes Section 913 of
the County Code was intended to protect one of the region’s few official Virginia Scenic
Byways, Route 130. Based upon the natural topography and the existing vegetation on
the lot, staff believes that the intent of this ordinance will still be met with the approval
of this petition.

Page 22 of 87

XII. STAFF FINDINGS

Based upon the information provided and staff’s review of the applicable regulations,
staff finds:
1. Pursuant to code 702.02.4 of Article VII of Appendix A of the Code of Amherst
County, a manufactured home is a permitted, by-right use
2. Pursuant to code 913.02.1 of Article IX of Appendix A of the Code of Amherst
County, manufactured homes less than twenty (20) feet in width are permitted only
as special exceptions in accordance with section 1003.03.
3. Staff believes that Section 913 is intended to protect one of the region’s few official
Virginia Scenic Byways and that the existing topography, vegetation, and proposed
location of the manufactured home align with the intent of the ordinance.
4. Staff believes the proposed use will not be detrimental to adjacent properties or the
public health, safety, and welfare.

XIII. RECOMMENDED MOTIONS AND CONDITIONS
Approval
Based on the analysis, I make a motion to recommend approval of Special Exception
2026-332 to the Board of Supervisors with the following conditions:
1. The site shall be developed in general conformance with the plot plan dated July 7,
2026.
2. The proposed driveway shall meet all fire access requirements as prescribed by the
County’s Fire Marshall before the issuance of a Certificate of Occupancy.
3. All existing vegetation located within 50 feet of Elon Road shall be maintained along
the front property line. This requirement shall not restrict or otherwise impede the
property owner’s ability to install or maintain necessary or applicable utilities.
4. The applicant shall either receive approval from the Virginia Department of Health
for a Safe, Adequate, and Proper, indicating that the existing septic and drainfield
are deemed functional, or receive approval for the construction of a new septic and
drainfield.
Denial
Based on the analysis, I make a motion to recommend denial of Special Exception
2026-332 to the Board of Supervisors.
Respectfully submitted for your consideration,
S. Tyler Creasy
Director of Community Development
Amherst County

XIV. ATTACHMENTS
1. Zoning Map
2. Future Land Use Map
3. Topographic Map
4. Application Material

Page 23 of 87

Amherst County, VA

4398

4400

ELON RD

4345

9/11/2026, 3:53:49 PM

1:4,163

Address Points

P-1 Public Lands District

M-1 Industrial District

Roads

R-1 Limited Residential District

RMU-1 Residential Mixed Use District

Parcels

R-2 General Residential District

MU/TND – Mixed Use/Traditional Neighborhood Dev

R-3 Multi-Family Residential District

County Boundary

Zoning
A-1 Agricultural Residential District

B-2 General Commercial District

A-1 Agricultural Residential District/Plan & Dev.

V-1 Village Center District

0.03

0.06

0.11 mi

0.04

0.09

0.17 km

Virginia Geographic Information Network (VGIN)

Page 24 of 87

Amherst County, VA

4398

4400

ELON RD

4345

9/11/2026, 3:54:43 PM

1:4,163

Address Points

DesignatedGrowthAreaPublicWater

Agriculture General

Residential Mixed Use

Roads

DesignatedGrowthAreaTownWater

Institutional

Manufacturing

Parcels

Low Density Residential

Village

County Boundary

Medium Density Residential

Commercial

DesignatedGrowthAreaTownSewer

High Density Residential

Public

DesignatedGrowthAreaWaterSewer

Agriculture Limited

Urban Development Area

Future Land Use

0.03

0.06

0.11 mi

0.04

0.09

0.17 km

Virginia Geographic Information Network (VGIN)

Page 25 of 87

Amherst County, VA
844 ft

720

740
760

827 ft

820
800

4398

780
E lo n R d

E lo n R d

ELON RD

E lo n R d

n R

840

E lo n R d

Elo

700

4400

860
4345

9/11/2026, 3:58:28 PM

1:4,163

Address Points Contours
Roads

Index

Parcels

Intermediate

County Boundary

0.03

0.06

0.11 mi

0.04

0.09

0.17 km

Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap
contributors, and the GIS User Community, Sources: Esri, TomTom, Garmin,

Page 26 of 87

From:
To:
Cc:
Subject:
Date:
Attachments:

Shelley, Sara (VDH)
Haley Alger
Tyler Creasy; Tyler Amburgey
All septic Records pertaining to 4398 Elon Road
Friday, September 11, 2026 10:20:48 AM
4398 Elon Road Original 1985 Permit.pdf
4398 Elon Road 1990 Conditional Permit.pdf
4398 Elon Road 2021 Permit.pdf

CAUTION: This email originated outside the County of Amherst's email system.
DO NOT CLICK links or open attachments unless you recognize the sender and
know the content is safe.

Good morning,
Here are all the septic records I have on file pertaining to 4398 Elon Road. The repair in 2021
does not have an inspection report or completion statement so I am unsure if repairs took
place or whether the permit expired. This 2021 permit would have overridden the conditions
set on the 1990 occupancy limitations of 4 people. The 1985 Permit notes the presence of the
existing house (4400 Elon) but does not show that it was ever tied into the system nor does it
show a separate system. Regardless of these findings, VDH would request an SAP that could
prove an existing system for 4400 was found and deemed functional. VDH would also accept
paperwork from a licensed soil scientist for the construction of a new drainfield.
Cordially,

Sara Shelley
Environmental Health Specialist
Amherst County Health Department|Environmental Health
224 2nd Street, Amherst VA 24521
Office Phone: (434) 946-9408 ext. 9592

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Haley Alger
From:
Sent:
To:
Subject:

joseph albert <[email protected]>
Monday, September 21, 2026 9:48 AM
Haley Alger
Re: Support Letter

CAUTION: This email originated outside the County of Amherst's email system.
DO NOT CLICK links or open attachments unless you recognize the sender and know the content is safe.

Ms. Alger, I own property joining 4398 Elon Rd which has a zoning request for a single wide mobile home. I wanted to
express my support for their added residence. Respectfully, Joseph Albert
Sent from my iPhone

On Sep 17, 2026, at 1:38 PM, Haley Alger <[email protected]> wrote:

Hello,
I am reaching out to give you my email, per our phone conversation. Feel free to reply with any message
for the Special Exception happening on Elon Road.
Thank you!

Best Regards,

Haley Alger
Administrative Assistant
Community Development
Planning and Zoning
153 Washington Street
P O Box 390
Amherst, Va 24521
(434)-946-9303
[email protected]
<attachment-1.png>

Page 42 of 87

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Agenda Item V.C.

Meeting Date:

October 20, 2026

Department:

Administration

Topic:

Winton Agreement

Board Action:
public hearing.

The Board will be provided a presentation regarding the Winton agreement and hold a

Attachment:
1.
First Amendment to Purchase Agreement - Winton (for BoS October 2026)
Summary: Jon Puvak will provide a revised agreement for the Board to consider regarding the
Winton property.
Recommended Motion:

That the Board either:

1) Accept the revised agreement that has been drafted by Mr. Puvak
or
2) Direct Mr. Puvak to make changes to the Winton agreement, which include _______.
Comprehensive Plan Impact:

N/A

Page 44 of 87

FIRST AMENDMENT TO PURCHASE & SALE AGREEMENT FOR
NON-RESIDENTIAL REAL ESTATE
THIS FIRST AMENDMENT (“Amendment”) is entered into and effective this _______ day of
___________________________, 2026, by and between the BOARD OF SUPERVISORS OF
AMHERST COUNTY, VIRGINIA, the governing body of Amherst County, Virginia, a political
subdivision of the Commonwealth of Virginia (the “County”), WAUKESHAW
DEVELOPMENT, INC., a Virginia corporation (the “Company”), and WINTON FARM, LLC,
a Virginia limited liability company (“Winton”). The County, Company, and Winton may
hereinafter be referred to individually as a “Party” or jointly as the “Parties”.
WITNESSETH:
WHEREAS, the Parties entered into that certain Purchase and Sale Agreement, dated
December 31, 2018, as it relates to the Winton County Club & Golf Course (the “Original
Agreement”), more specifically described as Tax Map No. 66-A-97, consisting of approximately
286 acres (the “Property”); and
WHEREAS, the County conveyed the Property and all personal property at the Property
to Winton, an affiliate of the Company, on or about February 6, 2019 and the Property has been
under the control of the Company since February 6, 2019;
WHEREAS, the County approved a special exception request for Winton to designate the
Property as a Planned Unit Development (PUD) in the A-1 Residential District on May 21, 2019.
The PUD approval was terminated and became void on May 21, 2021 because Winton did not
establish the special use within the time period required under the County’s Zoning Ordinance;
WHEREAS, the Parties have now determined that while the intent of the Original
Agreement was good, there are certain limitations and restrictions, not known at the time, that have
arisen which must be amended; and
WHEREAS, the Parties now wish to amend the Original Agreement all in accordance with
the terms of this Amendment.
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants
herein contained, the Parties agree as follows:
1. Amendments. The Original Agreement shall be amended as follows:
A.
No Subdivision. The Company and Winton shall not be required to subdivide the
Property as specified in Section 9 of the Original Agreement. Any future subdivision of the
Property must comply with the County’s subdivision ordinance requirements at the time of the
submission of the subdivision application.
B.
No Conservation Easement. The Company and Winton shall not be required to
subject the Property, or any portion thereof, to a conservation easement, open-space easement, or
similar restriction as contemplated by Section 10 of the Original Agreement. The Parties
acknowledge and agree that, upon execution of this Amendment, no Party shall have any

Page 45 of 87

continuing contractual right, claim, or cause of action against another Party arising from any failure
to grant, convey, or donate a conservation easement or similar restriction contemplated by the
Original Agreement.
i.
The Parties hereby irrevocably, unconditionally, and permanently
terminate, discharge, waive, and release all rights, duties, obligations, covenants, commitments,
and expectations arising under Section 10 of the Original Agreement, including, without limitation,
any obligation to grant a conservation easement, convey the Fairgrounds Tract, or undertake any
other conveyance or restriction contemplated therein.
ii.
The Parties acknowledge and agree that the conservation easement and
related transactions contemplated by Section 10 of the Original Agreement have been abandoned
and shall not be required or enforced by any Party or its successors or assigns.
iii.
Neither the County nor any successor or assign shall retain any contractual
right to require, compel, or otherwise condition any action upon the granting of a conservation
easement or similar restriction upon the Property.
iv.
To the extent any prior agreement, covenant, representation, or commitment
between the Parties relating to the contemplated conservation easement remains executory or
enforceable, such agreement, covenant, representation, or commitment is hereby terminated and
released.
v.
Any future grant of a conservation easement or other qualified conservation
contribution affecting the Property shall be undertaken, if at all, solely at the independent and
voluntary discretion of the then-current owner of the Property and shall not constitute performance,
satisfaction, modification, or continuation of any obligation arising under the Original Agreement
or this Amendment.
C.
No Fairgrounds Conveyance or Use. The Company and Winton shall retain
ownership of any areas previously designated to be used as fairgrounds and the County shall have
no right to use any portion of the Property as a fairgrounds.
D.
Responsibility for Winton Dam. The Company and Winton shall retain
ownership of the dam and it shall not be conveyed to the County. The Company and Winton shall
bear all responsibility for the dam located on the Property. Such obligations shall include all
permitting and compliance with the Dam Safety Act and other applicable law.
E.
Ultimate Uses. Except as specifically set forth in this Amendment, the Parties
release and waive the obligations under Section 14 of the Original Agreement with respect to the
ultimate uses of the Property.
F.
No Further Obligations for County. The County shall have no continuing
obligations as it relates to the Property as previously set forth in the Original Agreement. The
Company and Winton shall have full and complete ownership and shall retain fee simple title to the

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Property. Any obligations previously committed to by the County under the Original Agreement to
maintain or improve the Property shall become the sole obligation of the Company or Winton.
G.
Independence of Future Charitable Contributions. The Parties expressly
acknowledge and agree that neither the Original Agreement nor this Amendment requires,
contemplates as contractual consideration, or creates any obligation, express or implied, for the
Company, Winton, or any subsequent owner of the Property to make a charitable contribution of
a conservation easement or any other interest in the Property.
i.
The County acknowledges that no future conservation easement donation
has been promised or committed to the County as consideration for the original conveyance of the
Property, the execution of this Amendment, or the release of any obligations contained in the
Original Agreement.
ii.
The Parties further acknowledge that no future conservation easement
donation is a condition of any release, waiver, modification, or other benefit granted under this
Amendment.
iii.
Nothing contained in the Original Agreement or this Amendment shall
restrict the ability of the Company, Winton, or any subsequent owner to independently negotiate
and voluntarily convey a conservation easement to a qualified charitable organization, provided
such conveyance otherwise complies with applicable law.
iv.
The Parties intend that any such future conveyance, if undertaken, shall
constitute a separate and independent transaction, unrelated to the consideration exchanged under
the Original Agreement or this Amendment.
2. Continuing Obligations for Company and Winton. In connection with the Parties' mutual
resolution and modification of their respective rights and obligations under the Original
Agreement, the Company and Winton agree to the following continuing obligations. The Parties
acknowledge that the obligations contained in this Section 2 are independent of any future
conservation easement donation and shall not be interpreted as requiring, anticipating, or
constituting consideration for any such donation.
A.
Manor House. The Company and Winton shall keep the Manor House properly
maintained, in shell condition and structurally sound. The Company and Winton shall allow the
County’s building inspector or other qualified person or representative of the County to inspect the
condition of the Manor House on an annual basis as requested by the County. Any deficiencies noted
by the County’s building inspector or other representative shall be addressed by the Company and
Winton within sixty (60) days after notice from the County. The requirements of this Section shall
continue for not less than ten (10) years after the date of this Amendment.
B.
Continuation of Golf Course. For not less than five (5) years after the date of this
Amendment, the Company and Winton shall use reasonable efforts to perpetuate the continuation
of the golf course and associated recreational uses on the Property. Any future use of the Property
shall be in accordance with the applicable zoning of the Property.

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C.
Right of First Refusal. If Company or Winton should, at any time, receive a
bonafide offer to purchase the Property or decide to sell the Property, or any portion thereof,
Company or Winton shall promptly give written notice of such offered to the County. Said notice
shall contain the name and address of the prospective purchaser (who must be ready, willing and
able to purchase), price, as well as any terms and conditions of the offer. County shall have and is
hereby granted a preferential right from a period of thirty (30) days from County’s receipt of said
notice within which to elect whether or not to purchase the Property, or any portion thereof, under
the same terms and conditions as those offered to Company or Winton by said prospective purchaser
or offered for sale by Company or Winton. If County does not exercise County’s above granted
preferential right to purchase within said thirty (30) day period, Company and Winton shall be free
for a period of one hundred eighty (180) days from the expiration of said thirty (30) day period, but
not thereafter, to make a sale of the Property, or any portion thereof, upon the terms contained in
the offer, provided, however, that any such sale is not made for a price or on terms and conditions
more favorable than those set forth in Company’s notice to the County. Any sale by the Company
or Winton, other than to County, shall be made expressly subject to the terms, provisions and
conditions of this Agreement. If Company or Winton has not contracted to sell the Property, or any
portion thereof, within the above-mentioned 180-day period, the preferential right to purchase
hereby granted to the County shall be applicable to all future offers for purchase of said Property,
or portion thereof, including any further negotiations for purchase by such a prior offeror or decision
to sell. This Section of the Amendment shall survive indefinitely and shall not be affected by the
termination of the Original Agreement.
3. Term and Termination. Except for the items that are specifically forth in this Amendment
to continue for an additional term, any time periods in the Original Agreement shall continue for
their stated durations and shall not be extended.
4. Miscellaneous Provisions.
A.
Recordation. Either Party may cause this Amendment or a memorandum hereof to
be recorded among the land records of Amherst County, Virginia, so as to ensure that its provisions
shall both bind and inure to the benefit of their successors in interest.
B.
Governing Law. This Amendment shall be construed according to the laws of the
Commonwealth of Virginia without regard to its principles of conflicts of laws. The Parties consent
to exclusive venue and jurisdiction shall be in the applicable court of competent jurisdiction located
in Amherst County, Virginia.
C.
No Construction Against Drafter. This Amendment has been jointly drafted by the
Parties, who are all sophisticated and knowledgeable about the subject matter and have had the
opportunity to consult with counsel, and is to be construed as jointly drafted and not be construed
against any of the Parties as the drafter.
D.
Severability. This Amendment is severable, and if any provision is found to be
invalid by any court of competent jurisdiction, the remainder shall survive. The section and

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paragraph headings in this Amendment are for convenience of reference only and do not modify
or restrict any provisions hereof.
E.
Successors and Assigns. This Amendment shall be binding upon the successors
and assigns to the Parties hereof.
F.
Entire Agreement; Amendment. This Amendment supersedes the Original
Agreement as specified herein and the Parties shall not be bound by any terms, conditions,
statements, or representations, oral or written, not herein contained. This Amendment may be
supplemented and amended only by written agreement signed by authorized representatives of the
Parties, and any proposed supplement or amendment made to the contrary shall be void ab initio.
G.
No Third Party Beneficiary. This Amendment is not intended to and shall not
confer upon any other person or business entity, other than the Parties hereto, any rights or
remedies with respect to the subject matter of this Amendment and the Original Agreement.
H.
Enforcement. Each Party is entitled to enforcement of this Amendment against
every other Party. The Parties agree that certain breaches of the Agreement will cause irreparable
harm, not remediable by the award of monetary damages. The obligations of any and all Parties
may be enforced by injunction or by a suit for specific performance, so long as the Party seeking
to enforce such obligations has (i) substantially completed the performance of his, her, or its
obligations under this Agreement or (ii) has begun performance of the same such that failure to
enforce the obligations of the other Party would work a hardship on the Party seeking enforcement
that is not wholly remediable by monetary damages.
I.
No Waiver. The waiver by any Party of any failure on the part of any other Party
to perform any of its obligations under this Amendment shall not be construed as a waiver of any
future or continuing failure or failures, whether similar or dissimilar thereto.
J.
Counterparts. This Amendment may be executed in one or more counterparts,
each of which shall be construed to be an original and production of all of which shall not be
necessary to prove the contents of this Amendment.
SIGNATURE PAGE FOLLOWS

Page 49 of 87

WITNESS the following signatures of the Parties to be bound:
WAUKESHAW DEVELOPMENT, INC.

BOARD OF SUPERVISORS OF
AMHERST COUNTY, VIRGINIA

By: _______________________

By: ______________________

Printed Name: David McCormack

Printed Name: Jeremy Bryant

Title: President

Title: County Administrator

WINTON FARM, LLC
By: _______________________

Approved as to form:

Printed Name: David McCormack
Title: Manager

By: _____________________
Mark C. Popovich
County Attorney

Page 50 of 87

Summary report:
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Original DMS: iw://gentrylocke.cloudimanage.com/activedocs/13664961/1 First Amendment to Purchase Agreement - Winton (Revised October
2026).docx
Modified DMS: iw://gentrylocke.cloudimanage.com/activedocs/13665384/1 MCCORMACK EDITS TO First Amendment to Purchase Agreement - Winton
(Revised October 2026)(13664961.1).docx
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Page 51 of 87

Agenda Item VI.A.

Meeting Date:

October 20, 2026

Department:

Administration

Topic:

Minutes - October 6, 2026

Board Action:

The Board is being asked to approve the minutes of October 6, 2026.

Attachment:
1.
Draft Mins 10062026
Summary:

This is an official record of the Board of Supervisors meeting.

Recommended Motion:

I move that the Board adopt the minutes of October 6, 2026.

Comprehensive Plan Impact:

This topic is not addressed in the Comprehensive Plan.

Page 52 of 87

BOOK40

Page 115-120
AMHERST COUNTY
BOARD OF SUPERVISORS
MINUTES

Board of Supervisors
Tom Martin, Chair
District l
Chris Adams, Vice-Chair
District 3
David W. Pugh, Jr., Supervisor
District4
Frank Campbell, Supervisor
District 5
ClaudiaD. Tucker, Supervisor
District2

October 6, 2026

Administration Building - 153 Washington
Street - Public Meeting Room
Amherst, Virginia 24521
Meeting Convened - 3:00 PM

s;AMHERST
Pmoct SlJa, ol Virg!nJ.a

County Administrator
Jeremy Bryant

County Attorney

Mark Popovich

Call to Order

At a regular meeting of the Amherst County Board of Supervisors held on October 6, 2026, at 3:00 p.m., the
following members were present:
BOARD OF SUPERVISORS:
Tom Martin, Chair
David W. Pugh, Jr., Supervisor
Frank Campbell, Supervisor
Claudia D. Tucker, Supervisor
ABSENT:
Chris Adams, Vice-Chair
STAFF:
Jeremy S. Bryant, County Administrator
Mark Popovich, County Attorney
Kristen Freeman, Clerk
Chair Martin called the meeting to order at 3:00 p.m.
NOTE: All Board of Supervisors' meetings are now being st.-eamed live on Facebook and on
YouTube.

II.

Approval of Agenda

By motion of Supervisor Campbell and with the following vote, the Board approved the agenda.
AYE: Mr. Mart.in, Mr. Pugh, Mr. Campbell, and Mrs. Tucker
NAY: None
ABSENT: Mr. Adams

Invocation and Pledge of Allegiance

IV.

Citizen Comment

Supervisor Campbell led the Invocation and Supervisor Pugh led the Pledge of Allegiance.

Page 53 of 87

Page 54 of 87

Page 55 of 87

Page 56 of 87

Page 57 of 87

Page 58 of 87

Agenda Item VII.A.

Meeting Date:

October 20, 2026

Department:

Administration

Topic:

Commemorative Resolution 2026-5-CR Joyce "JoJo" Allcock

Board Action:

The Board is being asked to approve Commemorative Resolution 2026-5-CR.

Attachment:
1.
Commemorative Resolution 2026-5-CR Jojo Allcock Final
Summary:

The Board honors and remembers Joyce "JoJo" Ballew Allcock.

Recommended Motion:
presented.

I move that the Board adopt Commemorative Resolution 2026-5-CR as

Comprehensive Plan Impact:

Page 59 of 87

Amherst County Board of Supervisors
County Commemorative Resolution No. 2026-5-CR
For consideration, October 20, 2026
A COMMEMORATIVE RESOLUTION, NO. 2026-5-CR
A Commemorative Resolution in memory of Joyce “JoJo” Ballew Allcock.
______________________
Approved as to form by the County Administrator
_______________________
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF
AMHERST, VIRGINIA:
I.
That the Board of Supervisors of the County of Amherst, Virginia, hereby
honors and remembers Joyce “JoJo” Ballew Allcock:
WHEREAS, Ms. Allcock passed from this life on April 11, 2022 at the age of 76 years,
and;
WHEREAS, Ms. Allcock lived a life of faithful service and commitment to the Amherst
County citizens for twenty-five years since she first served on the Parks, Recreation, and Cultural
Development Board in January of 1997 and;
WHEREAS, Ms. Allcock was a graduate from Amherst County High School and Phillips
Business College and;
WHEREAS, Ms. Allcock was a devoted and faithful member of Clifford Baptist Church
for more than thirty years and devoted her time and service to the Activities Committee where she
helped to set up and prepare social events, her twenty years of service on the church choir where
she sang during regular Sunday and special services, and her service as a leader in the Cancer
Support Group within the church and;
WHEREAS, Ms. Allcock was a cancer survivor and was a pivotal member who supported
and helped others through the Cancer Support Group for fourteen years with their own cancer
journeys and helped to educate, support, and encourage those in need and;
WHEREAS, Ms. Allcock was involved for several years with the Amherst County Girl’s
Dixie Softball and was an advocate for the Amherst County youth and;

Page 60 of 87

WHEREAS, Ms. Allcock held many organizations near and dear to her heart such as
Clifford Baptist Church, Pearson Cancer Center, National Suicide Prevention Foundation, and The
Amherst County Parks and Recreation’s Senior programs and;
WHEREAS, Ms. Allcock was an active board member for the Parks, Recreation, and
Cultural Development Board and was instrumental in increasing participation for bingo and the
Senior Social and;
WHEREAS, Ms. Allcock served the citizens of Amherst County with passion, love, and
faithfulness during her tenure on the Parks, Recreation, and Cultural Development Board and;
NOW THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County
of Amherst, Virginia, hereby recognizes the dedication and faithfulness of Joyce “JoJo” Ballew
Allcock and her service to the community and extends its sincerest condolences to her family and
friends, and joins with them in remembering and celebrating a devoted member of our community
and the Parks, Recreation, and Cultural Development Board.
II.

That this resolution shall be in force and effect upon adoption.

Adopted this 20th day of October 2026.
_______________________________________
Tom Martin, Chair
Amherst County Board of Supervisors
ATTEST:

________________________________
Jeremy S. Bryant, Clerk
Amherst County Board of Supervisors

Page 61 of 87

Agenda Item VII.B.

Meeting Date:

October 20, 2026

Department:

Information Technology

Topic:

New County Website

Board Action:
is necessary.

The Board is receiving a presentation of the new Amherst County Website. No action

Attachment:

None

Summary: The Board approved in the current year budget to move the current Amherst County
website over to a new web hosting company effective October 2026. The new URL will be
www.amherstcountyva.gov. Victoria Amerson from Civic Plus and Jackie Viar from IT are presenting
the new site to you during the Board meeting.
Recommended Motion:

None necessary....for information purposes only.

Comprehensive Plan Impact:

Page 62 of 87

Agenda Item VIII.A.

Meeting Date:

October 20, 2026

Department:

Finance

Topic:

DEQ Landfill Financial Assurance

Board Action: The Board is being asked to instruct staff to sign DEQ Letter of Guarantee for Landfill
Financial Assurance and proceed with obtaining a Letter of Credit from Truist in order to satisfy the
DEQ Finance Assurance Test.
Attachment:
1.
AmherstCounty_LetterOfAgreement_CAM_Revised.10.14.2026
2.
DEQ Email
3.
Truist DEQ Letter of Agreement with Amherst County-Craig Parent Email
Summary: According to Virginia Administrative Code 9VAC20-70-30 "owners and operators of
permitted or unpermitted waste management facilities are financially responsible for the closure, postclosure care and corrective action at their facilities." Essentially, each year Amherst County is to
provide documentation showing we have available funds if at any time an environmental impact were to
occur at the landfill, the County has funds on hand for clean-up, closure and monitoring. Normally, this
financial assurance would be satisfied by means of a timely audit by December 30th of each
year. However, with the lateness of FY25 audit and the known delay for FY26 audit, the Department
of Environmental Quality has informed us that we must meet another form of assurance or risk fines as
well as revocation of our landfill permit. DEQ has provided staff with options that include 1) Bond
Surety 2) Fully Funded Trust 3) Certificate of Deposit or 4) Bank Letter of credit.
Staff has already reached out to Risk Management organizations as well as Truist Financial Services in
attempt to obtain one of the options provided. Truist responded with the attached email indicating that
they could fulfill the Letter of Credit option with the outlined conditions. With this option, Amherst
County Treasurer would convert two current Truist Money Market accounts totaling $5,000,000 into a
Truist CD through December 20, 2027, at which time the County anticipates filing an on-time 2027
audit. Currently, the two money markets are earning an average rate of 2.5%. Truist is anticipating the
CD will be locked in at 3%; therefore, we will still be earning more than the current rate during the life
of the CD. The anticipated cost for the Letter of Credit is $60,000. The CD will earn approximately
$25,000 more than the money markets over the life of the CD; therefore, the total cost to the County
will be approximately $35,000.
DEQ has also requested that the attached letter of guarantee be signed and returned by noon on
Wednesday, October 21, 2026. This letter states that we agree to have some other form of financial
assurance available within 60 days and maintain that assurance through December 2027, at which time
we plan on having an on-time FY27 audit. Staff is requesting the Board's direction to sign the attached
guarantee and instruct staff to proceed with the Truist Letter of Credit option. Staff recommends that
funds to cover the upfront $60,000 fee be transferred from the debt service payment that was budgeted
for FY27 capital financing that will not occur within this fiscal year.

Page 63 of 87

Recommended Motion: I move that the Board direct the County Administrator to sign the DEQ
Letter of Guarantee, and direct the Finance Director to proceed with Truist for the Letter of Credit as
well as transfer the $60,000 upfront fee from the FY27 debt service payment.
Comprehensive Plan Impact:

Page 64 of 87

Commonwealth of Virginia
VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY
www.deq.virginia.gov
David L. Bulova
Secretary of Natural and Historic Resources

Michael S. Rolband, PE, PWD, PWS Emeritus
Director

October 14, 2026
VIA ELECTRONIC MAIL
Ms. Tracie Morgan
Finance Director
Amherst County
113 Washington Street
Amherst, Virginia 24521
[email protected]
Letter of Agreement
Re:

Solid Waste Financial Assurance Demonstration,
Amherst County Landfill, Solid Waste Permit (SWP) Number 181
Amherst County Landfill, Solid Waste Permit (SWP) Number 563
Amherst County Transfer Station, Permit-by-Rule (PBR) Number 640

Dear Ms. Morgan:
This Letter of Agreement between Amherst County and the Department of Environmental
Quality, sets forth actions to address financial assurance requirements pursuant to 9VAC20-7010 et seq., the Financial Assurance Regulations for Solid Waste Disposal, Transfer and
Treatment Facilities. By signing and dating this Letter of Agreement, and returning it to this
office, you agree to the terms stated herein. Please keep a copy of the signed letter for your
records.
Background
Amherst County is a County located in the Commonwealth of Virginia. Solid wastes are
managed in the County’s onsite landfill and transfer station under the following Virginia
Department of Environmental Quality (DEQ) permits: SWP 181, SWP 563 and PBR
640. Amherst County annually submits information to the Department to demonstrate solid
waste financial assurance for the County’s landfill permit as specified in 9VAC20-70-210 of the
Financial Assurance Regulations for Solid Waste Disposal, Transfer and Treatment Facilities
(the Regulation); the Regulation requires local government financial test documents to be
submitted to the Department within 180 days following the close of the owner or operator's fiscal
year. The County submits the following documents to the Department on an annual basis:

Page 65 of 87

•
•
•
•

Financial test letter
Certification of Funding
Independent Accountants’ Report on Applying Agreed-upon Procedures; and
A copy of Amherst County’s audited financial statements for the most recent
fiscal year.

The County’s solid waste financial assurance submittal for Financial Year Ending (FYE) 2024
totaled $11,544,223 for the landfill and transfer station permits; the financial assurance amount
due for FYE 2025 totaled $11,554,763; this amount reflected required inflation adjustments for
FYE 2025; the financial assurance amount due for FYE 2026 totals $11,901,406; this amount
reflects required inflation adjustments for FYE 2026.
For the County to continue to use the Financial Test for solid waste financial assurance, the
Regulation required the County to update the financial information with DEQ by December 30,
2025. However, the County was not able to meet the deadline because the County’s audited
financial statements for financial year ending 2025 were not completed by the submittal
deadline. In addition, the County has stated that the County’s audited financial statements for
financial year ending 2026 will not be completed in time to meet the December 30, 2026
deadline.
Agreed Actions
Accordingly, DEQ and the County agree to the following:
1. On or before December 13, 2026, Amherst County will submit an alternate financial
assurance mechanism to DEQ totaling $11,901,406 (which includes required inflation
adjustments for 2025 and 2026) in accordance with 9VAC20-70-10 et seq.
DEQ expects that this item will be completed according to the schedule set forth in this
agreement. DEQ may take other enforcement action in the event the County does not act in
accordance with this agreement, or new information or circumstances suggest that other
measures are required to ensure compliance with Virginia statutes and regulations or to protect
human health and the environment. If the County determines that it will not be able to complete
the above action by the agreed date, the County shall immediately notify DEQ. This Letter of
Agreement becomes effective only upon your signing, dating, and returning the original letter by
the date specified. This Letter of Agreement automatically terminates 12 months after you sign
the original letter.
This Letter of Agreement is neither a case decision nor a fact finding under the Virginia
Administrative Process Act, Va. Code § 2.2-4000 et seq.
Thank you for your cooperation. Please return the signed and dated original to DEQ by October
21, 2026. You can address any questions you have about this Letter of Agreement to Brent
Williams.

2
65

Page 66 of 87

Sincerely,

Brent Williams
Director, Office of Financial Responsibility & Waste Programs
Virginia Department of Environmental Quality
Phone: 804-512-7826
[email protected]
Office of Financial Responsibility and Waste Programs
1111 E. Main Street, Suite 1400, Richmond, Virginia 23219
Central Office Phone: 800-592-5482
Seen and agreed to by Amherst County:
___________________
Date
_____________________________
Name
_____________________________
Title

3
66

Page 67 of 87

From: Martinez, Carlos (DEQ) <[email protected]>
Sent: Wednesday, October 14, 2026 3:26 PM
To: Jeremy Bryant <[email protected]>
Cc: Tracie Morgan <[email protected]>; Taylor, Suzanne (DEQ)
<[email protected]>; Williams, Brent (DEQ) <[email protected]>
Subject: DEQ – Revised Letter of Agreement with Amherst County
Good A�ernoon, Mr. Bryant,
Per our conversa�ons, atached is the revised Leter of Agreement regarding the FY2025 and FY2026
solid waste ﬁnancial assurance demonstra�on for Amherst County; please review the document and
return the signed version to DEQ by October 21, 2026.
The proposed deadline for submi�ng an alternate ﬁnancial assurance mechanism to DEQ is December
13, 2026.
If you have any ques�ons, please feel free to contact me at 804-350-9962.
Thanks,
Carlos

Carlos A. Martinez
Financial Assurance & Waste Tire Specialist
Office of Financial Responsibility and Waste Programs
Division of Land Protection and Revitalization
Virginia Department of Environmental Quality
1111 East Main Street, Suite 1400
Richmond, Virginia 23219
(804) 350-9962

Page 68 of 87

From:
To:
Cc:
Subject:
Date:
Attachments:

Parrent, Craig
Tracie Morgan; Joanne Carden
Gill, Leticia; Wells, Taylor; Greeson, Britney; Jeremy Bryant; Diana Mays; Heintz, Halsten; Williams, Ashley; Capps,
Robert
RE: DEQ – Letter of Agreement with Amherst County
Wednesday, October 14, 2026 1:58:22 PM
attachment-1.png
attachment-2.png

CAUTION: This email originated outside the County of Amherst's email
system.
DO NOT CLICK links or open attachments unless you recognize the sender
and know the content is safe.
Tracie,
I have discussed with my credit teammates, and we are willing to move forward to provide a
letter of credit in an amount that will satisfy the DEQ with the following (though not all)
conditions:
The letter of credit (LC) in the amount of $12,000,000 or below in the specific amount
as deemed by the DEQ. The DEQ or as designated by them will be the beneficiary.
Term of the LC will be 12 months from date of issuance.
We will charge a fee equal to 0.50% of the face amount of the LC to be collected in
advance.
The LC will be partially collateralized by a certificate of deposit (CD) of at least
$5,000,000 to be held at Truist. The term of this CD will 12 months and will remain on
deposit as long as the LC is in effect.
You will need to communicate with the DEQ and have them specify the requirements of
the LC language subject to our review and approval.
We won’t issue the LC until the CD is in place and properly encumbered.
All above subject to additional information and reporting requirements the bank may
deem required.
Please advise as to your desire to move forward with this option. Thank you.

Craig Parrent
Truist Bank
Senior Vice President
Non-profit Hospitals, Higher Education and Government Group (HHG)
10 Franklin Rd
Suite 201
Roanoke, VA 24011
(O) 540.982.3095
( C) 540.494.3299

Page 69 of 87

From: Tracie Morgan <[email protected]>
Sent: Wednesday, October 14, 2026 8:22 AM
To: Parrent, Craig <[email protected]>; Joanne Carden <[email protected]>
Cc: Gill, Leticia <[email protected]>; Wells, Taylor <[email protected]>; Greeson, Britney
<[email protected]>; Jeremy Bryant <[email protected]>; Diana Mays
<[email protected]>; Heintz, Halsten <[email protected]>; Williams, Ashley
<[email protected]>
Subject: RE: DEQ – Letter of Agreement with Amherst County
Craig, I apologize in the delayed response. I’m attaching a memo that I have had to send to other organizations that details the trouble we are having as well as an update on our audit work. We have until the close of business today to sign
ZjQcmQRYFpfptBannerStart

External Sender
Caution: Look for phishing red flags before clicking external links and attachments.
ZjQcmQRYFpfptBannerEnd

Craig,
I apologize in the delayed response.
I’m attaching a memo that I have had to send to other organizations that details the trouble we are
having as well as an update on our audit work.
We have until the close of business today to sign the letter of guarantee that will state we agree to
have another form of Financial Assurance available to DEQ within 60 days.
Right now we have a follow up call with DEQ this morning. We are still looking at Surety Bond options
and still would like to understand the cost behind the Letter of Credit.

From: Parrent, Craig <[email protected]>
Sent: Tuesday, October 13, 2026 7:59 PM
To: Joanne Carden <[email protected]>
Cc: Gill, Leticia <[email protected]>; Wells, Taylor <[email protected]>; Greeson, Britney
<[email protected]>; Tracie Morgan <[email protected]>; Jeremy Bryant
<[email protected]>; Diana Mays <[email protected]>; Heintz, Halsten
<[email protected]>; Williams, Ashley <[email protected]>
Subject: RE: DEQ – Letter of Agreement with Amherst County
Amherst County team,
I didn’t see any responses to my questions below other than Joanne’s comment about her
timing. Does that indicate you have secured another solution to your need?

Craig Parrent
Truist Bank

Page 70 of 87

Senior Vice President
Non-profit Hospitals, Higher Education and Government Group (HHG)
10 Franklin Rd
Suite 201
Roanoke, VA 24011
(O) 540.982.3095
( C) 540.494.3299

From: Joanne Carden <[email protected]>
Sent: Tuesday, October 13, 2026 10:33 AM
To: Parrent, Craig <[email protected]>
Cc: Gill, Leticia <[email protected]>; Wells, Taylor <[email protected]>; Greeson, Britney
<[email protected]>; Tracie Morgan <[email protected]>; Jeremy Bryant
<[email protected]>; Diana Mays <[email protected]>; Heintz, Halsten
<[email protected]>; Williams, Ashley <[email protected]>
Subject: RE: DEQ – Letter of Agreement with Amherst County
Hello Craig, Thank you for responding back to me. All of your points will have to be answered by Tracie Morgan, Finance Director of Amherst County. I was just contacted on Friday afternoon as well concerning the situation as far as the DEQ and
ZjQcmQRYFpfptBannerStart

External Sender
Caution: Look for phishing red flags before clicking external links and attachments.
ZjQcmQRYFpfptBannerEnd

Hello Craig,
               Thank you for responding back to me. All of your points will have to be answered by Tracie
Morgan, Finance Director of Amherst County.    I was just contacted on Friday afternoon as well
concerning the situation as far as the DEQ and the Letter of Agreement with Amherst County.
               I hope you have a good week!
Joanne
Joanne Adams Carden
Treasurer, Amherst County
(434)946-9318 (office)
October 13, 2026
From: Parrent, Craig <[email protected]>
Sent: Tuesday, October 13, 2026 9:57 AM
To: Joanne Carden <[email protected]>
Cc: Gill, Leticia <[email protected]>; Wells, Taylor <[email protected]>; Greeson, Britney
<[email protected]>; Tracie Morgan <[email protected]>; Jeremy Bryant
<[email protected]>; Diana Mays <[email protected]>; Heintz, Halsten
<[email protected]>; Williams, Ashley <[email protected]>
Subject: RE: DEQ – Letter of Agreement with Amherst County

Page 71 of 87

Joanne,
This is still circulating internally but I would like to ask/clarify a few points:
What is the latest update on the timeline for the audits for 2025 and 2026 to be ready
for the County? This would have impact on our ability to issue the letter of credit as
well.
A more detailed understanding of the time line between notification from the DEQ on
this issue and the date of 10/14/26 for response
As I read the email below while you must respond with a solution/remedy that you have
until 12/6/26 to actually deploy the solution?
When the DEQ stipulates a certificate of deposit: Do you cash available from LGIP to
sue for this purpose and how would the DEQ encumber the CD as security?
Please share the feedback from Davenport as they review other options as well.

Craig Parrent
Truist Bank
Senior Vice President
Non-profit Hospitals, Higher Education and Government Group (HHG)
10 Franklin Rd
Suite 201
Roanoke, VA 24011
(O) 540.982.3095
( C) 540.494.3299

From: Joanne Carden <[email protected]>
Sent: Tuesday, October 13, 2026 9:34 AM
To: Parrent, Craig <[email protected]>
Cc: Gill, Leticia <[email protected]>; Wells, Taylor <[email protected]>; Greeson, Britney
<[email protected]>; Colmenero, Marco <[email protected]>; Tracie Morgan
<[email protected]>; Jeremy Bryant <[email protected]>; Diana Mays
<[email protected]>
Subject: RE: DEQ – Letter of Agreement with Amherst County
Good Morning, Just wondering if anyone has additional information on the below matter. Thank you and look forward to hearing from you. Joanne Joanne Adams Carden Treasurer, Amherst County (434)946-9318 (office) October 13, 2026 From: Joanne
ZjQcmQRYFpfptBannerStart

External Sender
Caution: Look for phishing red flags before clicking external links and attachments.
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Good Morning,
Just wondering if anyone has additional information on the below matter.
Thank you and look forward to hearing from you.
Joanne

Page 72 of 87

Joanne Adams Carden
Treasurer, Amherst County
(434)946-9318 (office)
October 13, 2026
From: Joanne Carden
Sent: Friday, October 9, 2026 4:18 PM
To: Parrent, Craig <[email protected]>
Cc: Gill, Leticia <[email protected]>; Wells, Taylor <[email protected]>; Greeson, Britney
<[email protected]>; Colmenero, Marco <[email protected]>; Tracie Morgan
<[email protected]>; Jeremy Bryant <[email protected]>; Diana Mays
<[email protected]>
Subject: RE: DEQ – Letter of Agreement with Amherst County
Hello Craig,
Thank you for your response concerning this situation. We appreciate your input and look
forward to hearing from you.
Joanne
Joanne Adams Carden
Treasurer, Amherst County
(434)946-9318 (office)
October 9, 2026
From: Parrent, Craig <[email protected]>
Sent: Friday, October 9, 2026 3:31 PM
To: Joanne Carden <[email protected]>
Cc: Gill, Leticia <[email protected]>; Wells, Taylor <[email protected]>; Greeson, Britney
<[email protected]>; Colmenero, Marco <[email protected]>; Tracie Morgan
<[email protected]>; Jeremy Bryant <[email protected]>; Diana Mays
<[email protected]>
Subject: RE: DEQ – Letter of Agreement with Amherst County
Joanne,
I’m going to circulate this internally to see what options we could support, which might take
the form of a letter of credit (not certain), if any. I’ve not seen this invoked before due to
financial reporting lapses. If we do have any options we can offer given it’s a holiday on
Monday the entire process even if we can offer a solution can’t be completed by the 14th.
I’m not sure this is an option, but have you had a conversation with the County’s insurance

Page 73 of 87

provider? They may could issue a surety bond, but due to the nature of the requirement I’m
not sure that is available.

Craig Parrent
Truist Bank
Senior Vice President
Non-profit Hospitals, Higher Education and Government Group (HHG)
10 Franklin Rd
Suite 201
Roanoke, VA 24011
(O) 540.982.3095
( C) 540.494.3299

From: Joanne Carden <[email protected]>
Sent: Friday, October 9, 2026 2:52 PM
To: Parrent, Craig <[email protected]>
Cc: Gill, Leticia <[email protected]>; Wells, Taylor <[email protected]>; Greeson, Britney
<[email protected]>; Colmenero, Marco <[email protected]>; Tracie Morgan
<[email protected]>; Jeremy Bryant <[email protected]>; Diana Mays
<[email protected]>
Subject: FW: DEQ – Letter of Agreement with Amherst County
Good Afternoon All, I am forwarding the below email just received from Tracie Morgan, Finance Director of Amherst County. Within this email the situation at hand is explained along with attachments as to the position we find ourselves in with
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Good Afternoon All,
               I am forwarding the below email just received from Tracie Morgan, Finance Director of
Amherst County. Within this email the situation at hand is explained along with attachments as to the
position we find ourselves in with DEQ.   I would appreciate any feedback, suggestions, etc. any of you
can provide. This is a very serious and costly matter to Amherst County. As you will note, one of the
documents is suppose to be signed and submitted back to DEQ by Wednesday, October 14, 2026.
               Therefore, I would appreciate a response as to a possible solution to the problem at hand.
Thank you very much for your assistance and I look forward to hearing from you.
Joanne
Joanne Adams Carden
Treasurer, Amherst County
(434)946-9318 (office)
October 9, 2026

Page 74 of 87

From: Tracie Morgan <[email protected]>
Sent: Friday, October 9, 2026 2:11 PM
To: Mark Popovich <[email protected]>; Mark Popovich
<[email protected]>
Cc: Joanne Carden <[email protected]>
Subject: FW: DEQ – Letter of Agreement with Amherst County
Good Afternoon Mark,
This week Jeremy Lombardo and myself received a phone call from DEQ. As a requirement of owning a
landfill, we must provide DEQ with a Financial Assurance document to prove that in case of a
catastrophic incident involving our Landfill, we have the funds available to cover the costs. Usually, the
Finance Assurance is simply verified by means of our audit. Due to the fact we are so far behind with
FY25 audit and the fact that DEQ is now aware that FY26 will also be late, they are officially considering
us out of compliance with our requirements and have stated that we must now provide another
mechanism for our assurance. The assurance must be in the amount of $12,000,000.
DEQ gave four suggestions:
1. Bank Letter of Credit
2. Certificate of Deposit
3. Fully Funded Trust
4. Surety Bond
After our conversation with DEQ, we then reached out to Roland and Sam with Davenport who then
also contacted Megan Gilliland. Between the four of us we are trying to contact various risk
management organizations that work with local governments to see if they can help in regards to the
Surety Bond. I will also be reaching out to Joanne, so that she can get in touch with our Truist bank
representative to discuss the Letter of Credit.
DEQ also provided the attached letter that they are asking to be returned to them by close of business
on October 14, 2026. The letter states that within 60 days we will have one of the other financial
assurance mechanisms in place.
Due to the uncertainty right now we would like to meet with you in regards to the commitment of this
letter.
I will be sending out an invite for us all to get together first thing Tuesday to discuss in detail.
From: Martinez, Carlos (DEQ) <[email protected]>
Sent: Wednesday, October 7, 2026 2:50 PM
To: Tracie Morgan <[email protected]>
Cc: Jeremy Lombardo <[email protected]>; Williams, Brent (DEQ)
<[email protected]>; Herschler, Nichole (DEQ) <[email protected]>;
Taylor, Suzanne (DEQ) <[email protected]>
Subject: DEQ – Letter of Agreement with Amherst County

Page 75 of 87

Good Morning, Ms. Morgan,
Per our conversations this week, attached is a Letter of Agreement regarding the FY2025
and FY2026 solid waste financial assurance demonstration for Amherst County; please
review the document and return the signed version to DEQ by October 14, 2026.
The proposed deadline for submitting an alternate financial assurance mechanism to DEQ is
December 6, 2026.
Additionally, I have attached the Word template for a surety bond. I am available if you would
like me to review a draft of the bond before executing the final version with a bank or bond
company.
Thanks again for your time and assistance in this matter,
Carlos

Carlos A. Martinez
Financial Assurance & Waste Tire Specialist
Office of Financial Responsibility and Waste
Programs
Division of Land Protection and Revitalization
Virginia Department of Environmental Quality
1111 East Main Street, Suite 1400
Richmond, Virginia 23219
(804) 350-9962

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Page 76 of 87

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please contact the sender and delete the material from any computer.

Page 77 of 87

Agenda Item X.A.

Meeting Date:

October 20, 2026

Department:

Administration

Topic:

Planning Commission - Chris Adams

Board Action:

The Board is receiving an oral report from the Planning Commission liaison.

Attachment:
1.
Planning Commission Charter
Summary: Amherst County Regulation, ACR1-4, requires liaisons and representatives to outside
legislative bodies to report on their activities. This can be done in writing or orally at the next available
meeting of the Board of Supervisors.
Recommended Motion:

None - For information only.

Comprehensive Plan Impact: FROM THE PLANNING COMMISSION CHARTER:
1. Purpose. The duties and functions of the Amherst County Planning Commission are to promote the
orderly development of Amherst County and its environment. The Commission serves primarily in an
advisory capacity to the Board of Supervisors in accomplishing the objectives of §15.2-2210 of the
Code of Virginia. This Commission also serves to improve public health, safety, convenience and
welfare of County citizens and to plan for the future development of the County to the end that
transportation systems be carefully planned; that new community centers be developed with adequate
highway, utility, health, educational, and recreational facilities; that the needs of agriculture, industry
and business be recognized in future growth; that residential areas be provided with healthy
surroundings for family life; that agricultural and forestal land be preserved; and that the growth of the
community be consonant with the efficient and economical use of public funds.
2. Goals. The goals of the Amherst County Planning Commission are to provide specific, measurable,
reasonable and timely information, advice, recommendations and reports on matters requested from the
Board of Supervisors or otherwise within its purview. It is authorized to develop its own goals and
initiatives to further the County's interests in the area of its purview so long as they do not supersede
those of this document or any budgeted funds allotted to it. Other goals include the following:
2.1 The commission shall prepare and recommend to the board a comprehensive plan and any
amendments thereto, for the physical development of the county.
2.2 The commission may make, or cause to be made, the official map of the county.
2.3 The commission may, and at the direction of the board shall, prepare and revise annually a capital
improvement program based on the comprehensive plan of the county for a period not to exceed the
ensuing five-year period.
2.4 The commission shall prepare and recommend to the board the subdivision ordinance or any
amendments thereto, for the county.
2.5 The commission shall, at the direction of the board, be the final authority for approval and
disapproval of subdivision and site plans.
2.6 The commission may, and at the direction of the board shall, prepare a proposed zoning ordinance
including a map or maps showing the division of the county into districts and a text setting forth the
77

Page 78 of 87

regulations applying in each district.
2.7 The commission shall submit to the board its recommendations on any amendments to or
reenactment of the zoning ordinance for the county.
2.8 The commission shall make recommendations and report at least annually to the board concerning
the operation of the commission and the status of planning within the county.
2.9 The commission shall, at the direction of the board, prepare, publish and distribute reports,
ordinances and other material relating to its activities.
2.10 The commission shall, at the direction of the board, or as otherwise required by law, assume other
duties and responsibilities as allowed under law.

Page 79 of 87

PLANNING COMMISSION
CHARTER 2020
1. Purpose. The duties and functions of the Amherst County Planning Commission are to
promote the orderly development of Amherst County and its environment. The Commission
serves primarily in an advisory capacity to the Board of Supervisors in accomplishing the
objectives of §15.2-2210 of the Code of Virginia. This Commission also serves to improve
public health, safety, convenience and welfare of County citizens and to plan for the future
development of the County to the end that transportation systems be carefully planned; that new
community centers be developed with adequate highway, utility, health, educational, and
recreational facilities; that the needs of agriculture, industry and business be recognized in future
growth; that residential areas be provided with healthy surroundings for family life; that
agricultural and forestal land be preserved; and that the growth of the community be consonant
with the efficient and economical use of public funds.
2. Goals. The goals of the Amherst County Planning Commission are to provide specific,
measurable, reasonable and timely information, advice, recommendations and reports on matters
requested from the Board of Supervisors or otherwise within its purview. It is authorized to
develop its own goals and initiatives to further the County's interests in the area of its purview so
long as they do not supersede those of this document or any budgeted funds allotted to it. Other
goals include the following:
2.1
2.2
2.3

2.4
2.5
2.6

2.7
2.8

The commission shall prepare and recommend to the board a comprehensive plan and
any amendments thereto, for the physical development of the county.
The commission may make, or cause to be made, the official map of the county.
The commission may, and at the direction of the board shall, prepare and revise
annually a capital improvement program based on the comprehensive plan of the
county for a period not to exceed the ensuing five-year period.
The commission shall prepare and recommend to the board the subdivision
ordinance or any amendments thereto, for the county.
The commission shall, at the direction of the board, be the final authority for
approval and disapproval of subdivision and site plans.
The commission may, and at the direction of the board shall, prepare a proposed
zoning ordinance including a map or maps showing the division of the county into
districts and a text setting forth the regulations applying in each district.
The commission shall submit to the board its recommendations on any amendments
to or reenactment of the zoning ordinance for the county.
The commission shall make recommendations and report at least annually to the
board concerning the operation of the commission and the status of planning within
the county.

Page 80 of 87

2.9

The commission shall, at the direction of the board, prepare, publish and distribute
reports, ordinances and other material relating to its activities.
2.10 The commission shall, at the direction of the board, or as otherwise required by law,
assume other duties and responsibilities as allowed under law.
3. Membership. The commission shall consist of seven (7) members appointed by the board of
supervisors as follows:
3.1

Five (5) members shall be drawn from the five (5) election districts in the county.
Each of the five (5) members shall be resident in an election district distinct from one
another, such that at least one (1) resident from each election district holds
membership on the commission.

3.2

One (1) member shall be drawn from any district in the county.

3.3

One (1) member shall be a member of the board of supervisors, and shall act as a
liaison to the board. The liaison shall be appointed to the commission annually by the
board at its first organizational meeting in January. The liaison shall not have a vote on
matters before the commission. Each member shall take the oath of office as required
by law when appointed to the commission.

3.4

Each commission member shall be a resident of the county, qualified by knowledge
and experience to make decisions on questions of community growth and
development. At least one-half of the commission members shall own property in the
county.

3.5

Commission members shall be appointed to four-year terms, except that appointments
for vacancies occurring otherwise than by expiration of a four-year term shall be for
the unexpired term. A member whose term expires shall continue to serve until a
successor qualifies and is appointed.

3.6

The board may by passage of a resolution remove members from the commission for
malfeasance in office.

3.7

If the board does not receive an application from a qualified applicant in response to a
duly advertised vacancy on the commission for a seat otherwise filled, it may appoint
to the commission a person residing in an election district in which a sitting
commission member appointed under subsection (a)(1) resides.

Page 81 of 87

4. Meetings.
4.1 Regular meetings of the Amherst County Planning Commission will be held at the
Amherst County Administration Building. Meetings may be located in either the
Board of Supervisors meeting room or the School Board Room. The commission shall
adopt a set of bylaws consistent with the general laws of the county and the
Commonwealth for the conduct of its affairs.
4.2

The commission shall elect a chairman, vice-chairman and secretary. The chairman
and vice-chairman shall be elected from its own appointed membership, but the
secretary may be elected from either its own membership or a member of the
administrative staff of the board. The three (3) officers shall serve annual terms and
may succeed themselves. The election of officers shall be held at the first meeting of
the commission after July 1 of each year.

4.3

The commission shall meet at least once every two (2) months at a time and place
determined by the commission, and all meetings of the commission shall be open to
the public. Special meetings of the commission may be called by the chairman or by
two (2) members upon written request to the secretary. The secretary shall mail or email to all members, at least five (5) days in advance of a special meeting, a written
notice fixing the time and place of the meeting and purpose thereof. Written notice of
a special meeting is not required if the time of the special meeting has been fixed at a
regular meeting or if all members are present at the special meeting or file a written
waiver of notice.

4.4

A quorum shall be at least four (4) members of the commission and no action of the
commission shall be valid unless authorized by a majority vote of those present and
voting. A tie vote among those present and voting defeats the motion, resolution or
issue voted upon.

4.5

The commission shall keep a full public record of its proceedings and shall be
responsible for the custody and preservation of its papers and documents.

4.6

Any member of the commission shall disqualify himself/herself to act upon a matter
before the commission with respect to property in which the member has an interest.
Any member may challenge another to disclose an interest that may be a conflict.

4.7

The commission may establish an advisory committee or committees, if deemed
advisable.

Page 82 of 87

4.8

Regular meetings of the Planning Commission will be held at the County
Administration Building. The regularly scheduled meeting time may be changed by
unanimous consent of the members of the Agriculture Committee. Special meetings
may be announced and called as needed. Regular meetings will be held, at a minimum
semi-annually and as needed as determined by the Chairman, County Administrator or
Board of Supervisors Chairman. Summarized minutes will be taken in the format
specified by the County Administrator and submitted to the County Administrator no
later than 30 days from the date of the meeting. The Agenda for each meeting is
determined by the Chairman with the assistance of the Secretary.

5. Reports.
5.1 An annual report is required. The Director of Planning and Zoning will direct the
format and content of the report. On occasion, the Director of Planning and Zoning
may seek specific information, guidance, input or recommendations from the Planning
Commission on a matter being prepared for consideration by the Supervisors. The
Director will specify the format of the information sought.
6. Structure.
6.1 The Planning Commission will be organized pursuant to the Code of Virginia 15.22210-15.2-2222. The Planning Commission will elect a Chairman, Vice-Chairman
and Secretary at the first meeting of the commission after July 1 of each year.
7. Staff Support.
7.1 The Planning Commission can expect to receive support directly from the Department
of Planning and Zoning where an employee will serve as the Planning Commission’s
secretary. The County Attorney is also available to answer legal questions. County
email accounts will be opened for each member to facilitate communications. Copier,
postage and other support can be made available through the Planning Commissions
budget.
8. Authority.
8.1 The Planning Commission may represent the County of Amherst to Region 2000 and
its partner organizations with the understanding that most decisions regarding County
business resides solely with the Board of Supervisors. The Planning Commission may
not represent the County to state, federal, nonprofit or commercial and industrial
organizations without coordination with the County Administrator. The Planning
Commission, through its Chairman, is expected to keep the Director of Planning and
Zoning apprised of any and all activities it undertakes which may have a significant
effect upon the County or its interests, especially its budget.

Page 83 of 87

9. Official Acts.
9.1 Acts of the Planning Commission shall be performed by majority vote and recorded in
official minutes. Only the Chairman of the Planning Commission, as an individual,
may speak for the body but must be careful not to overstep the bounds of consensus
within the Planning Commission.
10. Virginia Freedom of Information Act.
10.1 The Planning Commission is a "public body" under the Virginia Freedom of
Information Act. It is the responsibility of the Chairman, with the assistance of the
Secretary to insure compliance with all facets of this law.
11. State and Local Governments Conflict of Interests Act.
11.1 Members of the Planning Commission are required to file the annual Financial
Disclosure Statement.

12. Youth Participation.
12.1 It is the intention of the Planning Commission to not only develop the citizenship and
political involvement of the youth of the County, but to also obtain their input in as
many areas of County leadership as possible. Planning Commission Chairman are
responsible to recruit and involve youth to fulfill their charter. While youth may be
recruited from anywhere in the County, the Superintendant of Schools serves as a
resource to identify interested and capable youth who are willing to serve. The
minimum requirement for youth to participate is that they must be residents of the
County and between the ages of 16 and 21 years of age (i.e., 16 to 20 years old).

Page 84 of 87

Agenda Item X.B.

Meeting Date:

October 20, 2026

Department:

Administration

Topic:

Emergency Services Council - Chris Adams

Board Action:

The Board is receiving an oral report from the Emergency Services Council liaison.

Attachment:

None

Summary: Amherst County Regulation, ACR1-4, requires liaisons and representatives to outside
legislative bodies to report on their activities. This can be done in writing or orally at the next available
meeting of the Board of Supervisors.
Recommended Motion:

None - For Information Only

Comprehensive Plan Impact:

The purpose of the Emergency Services Council is as follows:

1. To maintain an organization of representatives of all fire departments, EMS agencies, and Board
of Supervisors appointees in Amherst County in order to promote overall efficiency and
improvement of services for which the various organizations were formed.
2. To promote quality fire and EMS services throughout Amherst County.
3. To identify needed areas of service improvement.
4. To review annual budget requests from the members of Fire and EMS organizations and to
submit these requests to the Board of Supervisors.
5. To determine the distribution of available monies assigned to the Council from Federal, State,
and Local funding to the fire departments and rescue squads.
6. To serve as the liaison between the Board of Supervisors and the Volunteer Fire and Rescue
Squads.

Page 85 of 87

Agenda Item X.C.

Meeting Date:

October 20, 2026

Department:

Administration

Topic:

Parks, Recreation & Cultural Development Board - Tom Martin

Board Action: The Board is receiving an oral report from the Parks, Recreation & Cultural
Development Board Liaison.
Attachment:
1.
ACPRCD Board Charter
Summary: Amherst County Regulation, ACR1-4, requires liaisons and representatives to outside
legislative bodies to report on their activities. This can be done in writing or orally at the next available
meeting of the Board of Supervisors.
Recommended Motion:

None- For information only.

Comprehensive Plan Impact: PARKS AND RECREATION
Goal #1 Provide adequate and varied activities/programs/services to satisfy the needs of the residents of
and visitors to Amherst County.
Goal #2 Maximize utilization of parks and recreation services for all ages
Goal #3 Include future sites in the County’s capital improvement plan

Page 86 of 87

Amherst County, Virginia
Board of Supervisors - Adopted

Amherst County Regulation 1-3
Book 36, Page 713

AMHERST COUNTY PARKS, RECREATION & CULTURAL DEVELOPMENT BOARD
CHARTER 2019
1. Purpose. The purpose of the Parks, Recreation & Cultural Development Board is to assist the Board of
Supervisors by providing information, advice, recommendations and reports in the area of parks,
recreation and cultural development.
2. Goals. The goals of the Recreation & Parks Board are to provide specific, measurable, reasonable and
timely information, advice, recommendations and reports on matters requested from the Board of
Supervisors or otherwise within it purview. The Recreation & Parks Board may have other specific goals
provided to it by its initiating statute or regulation. It is authorized to establish its own goals to further
the County's interests in the area of recreation and parks so long as they do not supersede those of this
document. In particular, the Board is to promote public awareness and support of the recreational
opportunities in the county, to oversee the maintenance and improvement of existing recreational
programs and facilities, to identify and advocate for the development of more recreational programs,
facilities and activities that are suitable to the county’s outdoor culture and within the county’s fiscal
means, and to help recruit volunteers, participants, experts and leaders to offer their time and resources
to benefit the recreational needs of Amherst citizens.
The Parks, Recreation & Cultural Development Board may receive specific objectives each year from the
Board of Supervisors toward which it will be expected to achieve and report its progress.
3. Membership. The Parks, Recreation & Cultural Development Board will consist of five voting members.
Each voting member will serve for a term of 5 years at the pleasure of the Board of Supervisors. The
voting members will all be selected to represent a voting District but need not reside in that district. The
voting members will be selected by the Board of Supervisors. The voting members may be representatives
of specific organizations or may be individuals named for their professional or educational experience.
Public advertising to fill vacant seats is not required. Voting members must be sworn into office by the
Clerk of the Circuit Court. A County Supervisor will serve as a non-voting member to the Amherst County
Parks, Recreation & Cultural Development Board.
4. Meetings. Regular meetings of the Parks, Recreation & Cultural Development Board will be held at
6:30PM at the Monroe Community Center on the second Monday of each month. The regularly scheduled
meeting time may be changed by unanimous consent of the members of the Parks, Recreation & Cultural
Development Board. Special meetings may be announced and called as needed. Regular meetings will
be held, at a minimum of monthly and on an as needed basis as determined by
the Parks, Recreation & Cultural Development Board Chairman. Summarized minutes will be taken in the
format specified by the County Administrator and submitted to the County Administrator no later than
30 days from the date of the meeting. The agenda for each meeting is determined by the Chairman with
the assistance of the Recreation Director.
5. Reports. The Parks, Recreation & Cultural Development Board is required to provide a written report
of its activities to the County Administrator on an annual basis. The County Administrator will direct the
format and content of the report. An annual report summarizing all prior reports during the year is also
required. On occasion, the County Administrator may seek specific information, guidance, input or
recommendations from Parks, Recreation & Cultural Development Board on a matter being prepared for
consideration by the Supervisors. The Administrator will specify the format of the information sought.

Page 87 of 87

Amherst County, Virginia
Board of Supervisors - Adopted

Amherst County Regulation 1-3
Book 36, Page 713

6. Structure. The Parks, Recreation & Cultural Development Board will be organized pursuant to ACR 13.10
7. Youth Participation. The Parks, Recreation & Cultural Development Board will have one youth member
who will serve for a period of one year. He or she is selected by the Chairman who will employ a selection
process if there is more than one applicant for the seat. The youth member will not be a voting member
of the Parks, Recreation & Cultural Development Board. They shall receive all meeting announcements,
agendas and preparatory information as a normal member so they may participate and provide input as
full members regardless of whether they hold a vote. They are subject to the same membership
requirements as the adult members and may be removed for the same causes. Youth may be recruited
from the school system or other organizations. They are to receive a letter or certificate at the end of
their term to memorialize their service.
8. Staff Support. The Parks, Recreation & Cultural Development Board can expect to receive support
directly from the Recreation Director who will serve as the Parks, Recreation & Cultural Development
Board's secretary. The County Attorney is also available to answer legal questions. County email accounts
will be opened for each member to facilitate communications. Copier, postage and other support can be
made available through the County Administrator's Executive Assistant.
9. Authority. The Parks, Recreation & Cultural Development Board may represent the County of Amherst
to Central Virginia Planning District Commission and its partner organizations with the understanding that
all final decisions regarding County business resides solely with the Board of Supervisors. The Amherst
County Recreation & Parks Department may not represent the County to state, federal, nonprofit or
commercial and industrial organizations without coordination with the County Administrator. The Parks,
Recreation & Cultural Development Board is not a separate entity, and does not have the right to contract,
issue decisions, or otherwise issue orders or directives of its own initiative. Purchasing should be carried
out by the County Purchasing department and its advice and directives relayed to the Board of Supervisors
and or the County Administrator for confirmation.
10. Official Acts. Acts of the Parks, Recreation & Cultural Development Board shall be performed by
majority vote and recorded in official minutes. Only the Chairman of the Parks, Recreation & Cultural
Development Board, as an individual, may speak for the body but must be careful not to overstep the
bounds of consensus within the Parks, Recreation & Cultural Development Board. Decisions shall be
reached according to ACR 1-3.8
11. Virginia Freedom of Information Act. The Parks, Recreation & Cultural Development Board is a
"public body" under the Virginia Freedom of Information Act. It is the responsibility of the Chairman, with
the assistance of the Secretary to ensure compliance with all facets of this law.

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