On the agenda: Amherst County Board of Supervisors — Colocation (Oct 6)

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 6, 2026
Administration Building - 153
Washington Street - Public Meeting Room
Amherst, Virginia 24521
Meeting Convened - 3:00 PM

I.

Call to Order

II.

Approval of Agenda

III.

Invocation and Pledge of Allegiance

IV.

Citizen Comment

V.

Ordinance - First Read
A.

VI.

VII.

VIII.

County Administrator
Jeremy Bryant

County Attorney
Mark Popovich

Ordinance 2026-7

Consent Agenda
A.

Minutes - September 15, 2026

B.

FY 27 Appropriation of Revenue - Sheriff's Office

New Business
A.

Demonstrating Financial Responsibility for Underground Storage Tanks Owned by the Amherst
County Public Schools

B.

Janitorial Presentation

C.

Fines Revenue Request

D.

Cancellation of November 3, 2026 Meeting

County Attorney's Report

IX.

Citizen Comment

X.

Matters from Members of the Board of Supervisors

XI.

Adjournment

1

Agenda Item V.A.

Meeting Date:

October 6, 2026

Department:

Planning & Zoning

Topic:

Ordinance 2026-7

Board Action:

The Board is conducting a first read 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 to direct staff to advertise Ordinance 2026-7 for a public hearing at
our October 20, 2026 meeting ."
Comprehensive Plan Impact:

Not addressed.

2

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

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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

SE

X

X

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

SE

X

X

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

SE

X

X
4

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

SE

X

X

Outdoor seating associated with
restaurants is permitted

P

X

X

Mixed use buildings

P

X

X

Single-family detached dwellings

X

P

X

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

P

P

X

Multi-family dwellings

P

SE

X

Live/work units

P

X

X

Accessory structures associated
with single-family dwellings

X

P

X

Home occupations are permitted,
in accordance with Section 905

X

P

X

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

P

P

X

Senior living facility

P

SE

X

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

P

SE

X

Solar generation facilities, small

P

P

X

Manufactured homes subject to
the following conditions:

X

P

X

Residential

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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:

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•

• 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

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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

P

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

SE

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

SE

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
8

Colocation on existing facility with no increase
in height or width

P

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

P

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'

SE

Combined antennas; no increase in height or
width

P

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

9

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

P

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

SE

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

P

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

SE

Not permitted

P
SE

P
SE
10

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

P

P

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

11

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.

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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.

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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

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Agenda Item VI.A.

Meeting Date:

October 6, 2026

Department:

Administration

Topic:

Minutes - September 15, 2026

Board Action:

The Board is being asked to approve the minutes of September 15, 2026.

Attachment:
1.
Draft Mins 09152026
Summary:

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

Recommended Motion:

I move that the Board adopt the minutes of September 15, 2026.

Comprehensive Plan Impact:

This topic is not addressed in the Comprehensive Plan.

15

16

17

18

19

20

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Agenda Item VI.B.

Meeting Date:

October 6, 2026

Department:

Sheriff

Topic:

FY 27 Appropriation of Revenue - Sheriff's Office

Board Action:

The Board is being asked to appropriate revenues received into the Sheriff's budget.

Attachment:
1.
VACORP Claims
2.
FOIA payments
3.
Sale of Vehicle
4.
Tow Bill Reimbursements
5.
Employee Uniform Purchase
6.
Extra Duty Contracted Reimbursements
7.
287G Overtime Reimbursements
8.
Inmate Workforce VDOT Reimbursements
9.
Animal Shelter Medical Reimbursements
10. Bullet Proof Vests
Summary: The Sheriff's Office is asking for the funds received from miscellaneous sources to be
distributed into the operating expense accounts designated below.
$20,207.43 - VACORP insurance funds - move to Motor Vehicle line
$80.00 - Funds received for FOIA request - move to office supplies
$2725.00 - Sale of 2018 Ford Explorer - move to Motor Vehicle line
$515.00 - Tow bill reimbursements - move to vehicle supplies
$130.00 - Employee purchase of badge - move to uniforms
$20,547.69 - Reimbursement received for various off duty assignments - move to overtime
compensation
$1093.61 - Reimbursement received for federal off duty assignments - move to overtime compensation
$1926.00 - Reimbursement from VDOT for Inmate Workforce mowing on state roads - move to Inmate
Workforce/Beautification
$510.00 - Reimbursements for vet bills paid by animal shelter - move to shelter medical supplies
$5899.21 - Bullet Proof Vests grant funds received - move to police supplies
Recommended Motion:

I move that the Board approve the appropriation of funds as described.

Comprehensive Plan Impact: LAW ENFORCEMENT
Goal #1 Ensure continuous improvement in the delivery of public safety in the community through
proactive law enforcement and judicial administration.
Objective #2 Promote a positive, safe climate for all who come in contact with judicial/law
enforcement facilities.

22

Fiscal Impact Summary:
Impact Date Amount

From Account

To Account

10/6/2026

$20,207.43 VACORP

3102-8011 Motor Vehicle

10/6/2026

80.00

3-001-018990-9980 MISC

3102-6001 Office Supplies

10/6/2026

2725.00

3-001-015020-0211 SVEH

3102-8011 Motor Vehicles

10/6/2026

515.00

3-001-018990-9980 MISC

3102-6004 Vehicle Supplies

10/6/2026

130.00

3-001-018990-9980 MISC

3102-6011 Uniforms

10/6/2026

20,547.69 3-001-018990-9980 MISC

3102-1004 General Overtime

10/6/2026

1093.61

1-33000-0104 ICE26

3102-1004 General Overtime

10/6/2026

1926.00

3-001-024040-0416 SHWKIM 3102-5806 Inmate Workforce/Beautification

10/6/2026

510.00

3-002-018990-0700 ANCD

3598-6016 Shelter Medical Supplies

10/6/2026

5899.21

SHCP

3102-6010 Police Supplies

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40

41

42

43

44

45

46

47

48

49

50

Agenda Item VII.A.

Meeting Date:

October 6, 2026

Department:

Finance

Topic:

Demonstrating Financial Responsibility for Underground Storage Tanks
Owned by the Amherst County Public Schools

Board Action: The Board is being asked to direct the County Administrator to sign a DEQ Guarantee
Letter on behalf of Amherst County and instruct the Finance Director to set aside $20,000 in a
designated fund balance for the life of the petroleum tanks in lieu of audit documentation.
Attachment:
1.
Underground Storage Tank CFO Letter-092026
2.
Underground Storage Tank DEQ Request-2026
3.
Underground Storage Tank Guarantee-092026
Summary: Amherst County Public Schools currently utilizes two underground storage tanks at
Monellison Middle School and the Bus Garage. In July, the County received notice from the Virginia
Department of Environmental Quality requesting documents showing Financial Responsibity per
Administrative Code 9 VAC 25-590. This regulation ensures that owners and operators of storage tanks
can pay for cleanup and damages if petroleum is leaked from the tanks. Historically, this financial
assurance has come from information provided in the audit. Staff reached out to the representative at
DEQ and explained the County's current timeline with both the FY25 and FY26 audit and informed him
that we could not provide that information at this time. DEQ has requested, in lieu of the audit, that the
County direct the Finance Director to set aside $20,000 (the amount required for our storage amounts)
in a designated fund balance account for the lifetime of the ownership of the tanks. In addition to this
requirement, DEQ is requesting an updated Letter of Guarantee from the County. Several documents
are attached to this item for review.
Recommended Motion: I move that the County Administrator, sign the DEQ Letter of Guarantee on
behalf of Amherst County in regard to the storage tanks operated by the Amherst County Public Schools
and approve the Finance Director to set aside $20,000 in a designated fund balance for the life of the
storage tanks.
Comprehensive Plan Impact:

51

APPENDIX H
Letter from Chief Financial Officer
I am the chief financial officer of Amherst County, Va. This letter is in support of the use of
the local government fund mechanism to demonstrate financial responsibility for “taking
corrective action" and/or "compensating third parties for bodily injury and property damage"
caused by "sudden accidental releases" and/or "nonsudden accidental releases" in the
amount of at least $5,000 corrective action per occurrence, $15,000 third party liability per
occurrence and $20,000 annual aggregate arising from operating an underground storage
tank.
Underground storage tanks at the following facilities are assured by this local government
fund mechanism:
Monelison Middle School, 257 Trojan Road, Madison Heights, VA. 24572
Bus Garage, 605 Union Hill Road, Amherst, VA. 24521
The local government fund is funded for the full amount of coverage required under §
280.93.
The details of the local government fund are as follows:
Amount in Fund (market value of fund at close of last fiscal year): $20,000
A copy of the state constitutional provision, or local government statute, charter, ordinance
or order dedicating the fund is attached.
I hereby certify that the wording of this letter is in no respect less favorable than the wording
specified in 40 CFR Part 280.107(d) as such regulations were constituted on the date shown
immediately below.

[Date]__________________________________________
[Signature]_____________________________________
[Name]__________________________________________

52

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

July 20, 2026

Ms. Tracie Morgan
Finance Director
County of Amherst
153 Washington Street
Amherst, Virginia 24521
Via Electronic Mail: [email protected]
Ms. Rhonda L. Campbell
Supervisor of Transportation
Amherst County Public Schools
605 Union Hill Road
Amherst, Virginia 24521
Via Electronic Mail: [email protected]
UST Initial Request for Financial Responsibility Documents
Facility ID#: 7003183 (Amherst County School Bus Garage) & 7003185 (Monelison Middle School)
Dear Ms. Morgan:
The Virginia Department of Environmental Quality (the Department) staff conducted a review of the
petroleum underground storage tank financial assurance documentation on file for the tanks registered to
the Amherst County Public Schools at the Amherst County School Bus Garage and Monelison Middle
School. Per the Virginia Petroleum Underground Storage Tank Financial Responsibility Requirements, 9
VAC 25-590 (the Regulation), a tank owner must annually maintain a current mechanism to demonstrate
financial assurance for regulated underground storage tanks and must submit evidence of compliance with
the Regulation whenever requested to do so. Accordingly, please submit the mechanism that is currently
in place to demonstrate financial responsibility for the underground storage tanks located at the Amherst
County School Bus Garage and Monelison Middle School.
If there isn’t currently a mechanism in place to demonstrate financial assurance for the tanks in question,
please contact me as soon as possible for further assistance. I can be reached directly by telephone at
(804) 659-2660 or by e-mail at [email protected].
Please note that failure to comply with the Regulation may result in enforcement action. Please contact
me on or before August 20, 2026.
Please note that the conclusions presented in this letter are based solely on information supplied by the
addressee or their environmental representative. The resulting review of this information was undertaken
in accordance with applicable law, regulations, and Department guidance. This letter does not make or
imply a final determination of compliance, nor does it constitute a “case decision,” as defined by Virginia
53

Code § 2.2-4001, regarding any of the actions undertaken as discussed in this letter. Pursuant to Virginia
Code § 2.2-4001, a “‘case’ or ‘case decision’ means any agency proceeding or determination that, under
laws or regulations at the time, a named party as a matter of past or present fact, or of threatened or
contemplated private action, either is, is not, or may or may not be (i) in violation of such law or
regulation or (ii) in compliance with any existing requirement for obtaining or retaining a license or other
right or benefit.”
Thank you for your time and consideration in this matter.

Josiah Bennett, Guidance & Regulations Coordinator
Virginia Department of Environmental Quality
(804) 659-2660
[email protected]
Office of Financial Responsibility & Waste Programs
1111 East Main Street, Suite 1400
Richmond, Virginia 23219

54

APPENDIX G
Local Government Guarantee Without Standby Trust
Made by a Local Government
Guarantee made this [date] by Amherst County a local government organized under the
laws of Virginia herein referred to as guarantor, to Virginia Department of Environmental Quality
and to any and all third parties, and obliges, on behalf of Amherst County Public Schools.
Recitals
(1) Guarantor meets or exceeds [select one: the local government bond rating test
requirements of 40 CFR Part 280.104, the local government financial test requirements of 40 CFR
Part 280.105, or the local government fund under 40 CFR Part 280.107(a), 280.107(b), or
280.107(c)].
(2) Amherst County owns or operates the following underground storage tank(s) covered by
this guarantee: Monelison Middle School, 257 Trojan Road, Madison Heights, VA. 24572, and Bus
Garage, 605 Union Hill Road, Amherst, VA. 24521 This guarantee satisfies 40 CFR Part 280,
Subpart H requirements for assuring funding for "taking corrective action" and/or "compensating
third parties for bodily injury and property damage caused by" either "sudden accidental releases" or
"nonsudden accidental releases" or "accidental releases" arising from operating the above-identified
underground storage tank(s) in the amount of $20,000 per occurrence and $20,000 annual
aggregate.
(3) Incident to our substantial governmental relationship with Amherst County, VA.,
guarantor guarantees to Virginia Department of Environmental Quality and to any and all third
parties and obliges that:
In the event that Amherst County, VA. fails to provide alternative coverage within 60 days
after receipt of a notice of cancellation of this guarantee and the Director of the Virginia Department
of Environmental Quality (the Director) has determined or suspects that a release has occurred at an
underground storage tank covered by this guarantee, the guarantor, upon written instructions from
the Director shall make funds available to pay for corrective actions and compensate third parties
for bodily injury and property damage in an amount not to exceed the coverage limits specified
above.
In the event that the Director determines that Amherst, County, VA. has failed to perform
corrective action for releases arising out of the operation of the above-identified tank(s) in
accordance with 40 CFR part 280, subpart F, the guarantor upon written instructions from the
Director shall make funds available to pay for corrective actions in an amount not to exceed the
coverage limits specified above.

55

If Amherst County, VA. fails to satisfy a judgment or award based on a
determination of liability for bodily injury or property damage to third parties caused by
"sudden" and/or "nonsudden" accidental releases arising from the operation of the aboveidentified tank(s), or fails to pay an amount agreed to in settlement of a claim arising from or
alleged to arise from such injury or damage, the guarantor, upon written instructions from
the Director, shall make funds available to compensate third parties for bodily injury and
property damage in an amount not to exceed the coverage limits specified above.
(4) Guarantor agrees that, if at the end of any fiscal year before cancellation of this
guarantee, the guarantor fails to meet or exceed the requirements of the financial
responsibility mechanism specified in paragraph (1), guarantor shall send within 120 days of
such failure, by certified mail, notice to Amherst County, VA. as evidence by the return
receipt.
(5) Guarantor agrees to notify Amherst County, VA. by certified mail of a voluntary
or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code naming guarantor as
debtor, within 10 days after commencement of the proceeding.
(6) Guarantor agrees to remain bound under this guarantee notwithstanding any
modification or alteration of any obligation of Amherst County, VA. pursuant to 40 CFR
part 280.
(7) Guarantor agrees to remain bound under this guarantee for so long as Amherst
County, VA. must comply with the applicable financial responsibility requirements of 40
CFR part 280, Subpart H for the above identified tank(s), except that guarantor may cancel
this guarantee by sending notice by certified mail to Amherst County, VA. such cancellation
to become effective no earlier than 120 days after receipt of such notice by Amherst County,
VA. as evidenced by the return receipt. If notified of a probable release, the guarantor
agrees to remain bound to the terms of this guarantee for all charges arising from the release,
up to the coverage limits specified above, notwithstanding the cancellation of the guarantee
with respect to future releases.
(8) The guarantor's obligation does not apply to any of the following:
(a) Any obligation of Amherst County, VA. under a workers' compensation,
disability benefits, or unemployment compensation law or other similar law;
(b) Bodily injury to an employee of Amherst County, VA. arising from, and
in the course of employment by Amherst County, VA.
(c) Bodily injury or property damage arising from the ownership, maintenance, use,
or entrustment to others of any aircraft, motor vehicle, or watercraft;
(d) Property damage to any property owned, rented, loaned to, in the care, custody,
or control of, or occupied by Amherst County, VA. that is not the direct
result of a release from a petroleum underground storage tank;

56

(e) Bodily damage or property damage for which Amherst County, VA. is
obligated to pay damages by reason of the assumption of liability in a contract or
agreement other than a contract or agreement entered into to meet the
requirements of 40 CFR part 280.93.
(9) Guarantor expressly waives notice of acceptance of this guarantee by Amherst
County, VA. by any or all third parties, or by Amherst County, VA.
I hereby certify that the wording of this guarantee is identical to the wording
specified in 40 CFR part 280.106(d) as such regulations were constituted on the effective
date shown immediately below.
Effective date:____________________________
[Name of guarantor]

Amherst County, Virginia

[Authorized signature for guarantor]
[Name of person signing]

Jeremy S. Bryant

[Title of person signing]

County Administrator

57

Agenda Item VII.B.

Meeting Date:

October 6, 2026

Department:

Administration

Topic:

Janitorial Presentation

Board Action: The Board is receiving a presentation about the comparison of continuing contracting
janitorial services versus bringing the services in-house.
Attachment:
1.
Janitorial Analysis
Summary: The Board requested there to be an analysis done on what it would look like to bring
janitorial services in-house.
Recommended Motion:

For informational purposes only.

Comprehensive Plan Impact:

58

Janitorial Analysis

59

The Budd Group
Contract began FY24 and renewals will expire at the end of FY28
Approximately 98,200 square feet
FY27 Contract cost $211,908.62

60

Independent Cleaning
Contract began FY23 and renewals will expire at the end of FY27
Approximately 23,400 square feet
FY27 Contract cost $100,020.00

61

Proposed Employees
Industry standard is one Full Time Employee for every 25,000 to 40,000 square feet
Amherst County buildings total approximately 120,000 square feet
Staff is recommending two full-time and four part-time employees:
Two full-time employees (consisting of one supervisor and one regular full time employee)
Four part-time employees (approximately 20 hours per week)

62

Start-up Costs
Item

Amount

Vehicles (2)

$

79,000.00

Window Cleaner

$

10,000.00

Carpet Cleaner

$

3,000.00

Floor Scrubber

$

6,000.00

Washer and Dryer

$

5,000.00

Supplies

$

13,600.00

Total

$

116,600.00

63

Annual Cost
Item

Amount

Salary with benefits

$

247,447.28

Managerial Cost

$

6,785.95

Overtime

$

10,000.00

Floors

$

20,000.00

Clothing

$

3,200.00

Vehicle Maintenance

$

3,000.00

Fuel

$

9,620.00

Supplies

$

8,000.00

Total

$

301,267.28

64

Five Year Comparison
Year

Contracted

In-house

Difference

FY28

$

327,525.05

$

424,653.23

$

(97,128.18)

FY29

$

343,901.30

$

317,294.83

$

(70,521.70)

FY30

$

361,096.37

$

326,813.67

$

(36,239.00)

FY31

$

379,151.19

$

336,618.08

$

(6,294.10)

FY32

$

398,108.75

$

346,716.62

$

57,686.23

Total

$ 1,809,782.66

$ 1,752,096.43

• This includes a 5% increase to the contract costs annually
• This includes a 3% increase to the in-house costs annually

65

Additional Information
Turnover in this industry is 75% to 375%
Turnover indirect administrative cost- estimated to be $9,000 annually
Drug test are $45 per person
Contract estimates are the best case scenario
In-house estimates are conservative estimates

66

Agenda Item VII.C.

Meeting Date:

October 6,
2026

Department:

Finance

Topic:

Fines Revenue
Request

Board Action: The Board is being asked to approve a transfer of funds request to give the Sheriff
additional fines revenue originally budgeted for in the FY27 budget cycle.
Attachment:

None

Summary: Historically, Amherst County has not included fine revenue as a projected revenue source
in the annual budget. Fine revenues received during the fiscal year were generally available as
additional funding for the Sheriff's Office.
During the FY2027 budget development process, staff reviewed historical fine revenue collections and
determined that the County had consistently received at least $150,000 annually from this revenue
source. Given the significant revenue constraints faced during the FY2027 budget process, the decision
was made to recognize $150,000 of anticipated fine revenue as part of the County's overall budget in
order to help balance the FY2027 budget without requiring additional reductions to other areas of the
budget.
As part of that discussion, staff communicated that the first $150,000 in fine revenue would be
incorporated into the adopted budget and, therefore, would not represent additional spending authority
for the Sheriff's Office. Fine revenues received above the $150,000 budgeted amount would be available
to support additional expenditures of the Sheriff's Office.
As the fiscal year has progressed, the Sheriff's Office has identified a need for access to the $150,000 in
fine revenue that was incorporated into the FY2027 budget. In addition, the County previously approved
a five-year payment arrangement for the Sheriff's Office Taser bundle, with annual payments of
approximately $78,000 to be paid from fine revenue. As a result, there is an existing commitment
against this revenue source that further supports making the budget adjustment at this time.
Staff is therefore recommending that $150,000 be transferred to the Sheriff's Office Equipment budget
to provide the Sheriff's Office with the budget authority associated with the fine revenue recognized in
the FY2027 budget.
The recommended transfer can be made from the capital financing loan payment budget. Approximately
$978,000 was originally budgeted for a capital financing loan payment during FY2027. Due to the
current circumstances surrounding the County's capital financing, that loan payment will not occur
during the current fiscal year, leaving sufficient budget capacity to make the proposed $150,000 transfer
without increasing the overall adopted budget or requiring the use of additional reserve funds.
This transfer will allow the County to appropriately align the FY2027 budget with the intended use of
67

fine revenue and provide the Sheriff's Office with the budget authority necessary for its equipment
needs. The transfer does not increase the overall FY2027 budget; it simply reallocates existing budget
authority from an expenditure that will not occur during the current fiscal year.
Recommended Motion: I move that the Board approve the transfer of funds from debt service
payment to the Sheriff's regular expenditure budget.
Comprehensive Plan Impact:
Fiscal Impact Summary:
Impact Date

Amount

From Account

To Account

10/6/2026

150,000

91020-8101 (Capital Projects)

31020-6004

68

Agenda Item VII.D.

Meeting Date:

October 6, 2026

Department:

Administration

Topic:

Cancellation of November 3, 2026 Meeting

Board Action:

The Board is being asked for direction on canceling their November 3, 2026 meeting.

Attachment:

None

Summary: The Board is being asked to direct staff on whether or not they would like to cancel their
November 3, 2026 meeting, as meetings that fall on an observed holiday have historically been
canceled.
Amherst County HR Regulations Section 6.11.1 says the following:
6.11.1 The County observes the following holidays:
The first day of January (New Year's Day)
The third Monday in January (Martin Luther King's Birthday)
The third Monday in February (Presidents Day)
The last Monday in May (Memorial Day)
The nineteenth of June (Juneteenth)
The fourth day of July (Independence Day)
The first Monday in September (Labor Day)
The second Monday in October (Columbus Day)
The eleventh day of November (Veterans Day)
The first Tuesday in November (Election Day)
The fourth Thursday in November (Thanksgiving Day)
The Friday-after Thanksgiving Day
The twenty-fifth day of December (Christmas Day)
Any other day so appointed by the Board of Supervisors or Governor.
Recommended Motion:

I move that the Board cancel their November 3, 2026 meeting.

Comprehensive Plan Impact:

69