No Moss 3 Landfill Online Library Russell County Board of Supervisors Meetings Agenda Packets 2020-01-13 18 00-Russell BOS-Regular Meeting-Packet

2020-01-13 18 00-Russell BOS-Regular Meeting-Packet

Document Date: January 13, 2020 Document: 2020-01-13_18_00-Russell_BOS-Regular_Meeting-Packet.pdf

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Agenda Board of Supervisors January 13, 2020 Amended 1/13/20

Russell County Page 1

RUSSELL COUNTY

BOARD OF SUPERVISOR’S MEETING

AGENDA – JANUARY 13, 2020

Board Room Regular Meeting 6:00 PM

Russell County Governmental Center

Lebanon, Virginia 24266

CALL TO ORDER – Clerk of the Board

ROLL CALL – Clerk of the Board

EXECUTIVE SESSION (CLOSED) – Legal Matters
(SCHEDULED ONE HOUR BEFORE REGULAR BOS MEETING - - REGULAR BOS MEETING BEGINS AT 6 P.M.)

INVOCATION – Woody Scott – Morning Star Church

PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA

APPROVAL OF AGENDA

PRESENTATION

  1. Susan Barton – Eagle Scouts “Achievement Award”…………………………….A-1

  2. Travis Lambert – Glade Hollow Ballfield Project

ORGANIZATIONAL MEETING

  1. Election of Chairman

  2. Election of Vice-Chairman

  3. Clerk of Board and Deputy Clerk

  4. Adoption of Robert’s Rules of Order

Agenda Board of Supervisors January 13, 2020 Amended 1/13/20

RUSSELL COUNTY

BOARD OF SUPERVISOR’S MEETING AGENDA - JANUARY 13, 2020

Board Room Regular Meeting 6:00 PM

Russell County Governmental Center Lebanon, Virginia 24266

CALL TO ORDER - Clerk of the Board ROLL CALL - Clerk of the Board

EXECUTIVE SESSION (CLOSED) - Legal Matters (SCHEDULED ONE HOUR BEFORE REGULAR BOS MEETING – REGULAR BOS MEETING BEGINS AT 6 P.M.)

INVOCATION — Woody Scott — Morning Star Church

PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA APPROVAL OF AGENDA

PRESENTATION

  1. Susan Barton — Eagle Scouts “Achievement Award”…

  2. Travis Lambert - Glade Hollow Ballfield Project ORGANIZATIONAL MEETING

  3. Election of Chairman

  4. Election of Vice-Chairman

  5. Clerk of Board and Deputy Clerk

  6. Adoption of Robert’s Rules of Order

Russell County Page 1

Agenda Board of Supervisors January 13, 2020 Amended 1/13/20

Russell County Page 2

  1. Adoption of County’s By-Laws

  2. 2020 Board of Supervisors Regular Meeting Schedule

NEW BUSINESS

  1. Approval of Minutes. Consider approval of the minutes of the
    following meeting of the Russell County Board of Supervisors………………B-1

a. Unapproved minutes of December 2, 2019 b. Unapproved minutes of December 17, 2019

  1. Approval of Expenditures. Consider approval of expenditures presented

for payment………………………………………………………………………………B-2

  1. Approval of 2020 Authorized Payments. Authorization of the list of routine monthly payments for delegated authorization……………….…………B-3

  2. Committee Appointments for Board Consideration.

CUMBERLAND PLATEAU ECONOMIC DEVELOPMENT EXECUTIVE BOARD

Steve Breeding Concurrent with Term Lou Ann Wallace Concurrent with Term

CUMBERLAND PLATEAU ECONOMIC DEVELOPMENT COMMISSION

Carl Rhea Concurrent with Term Tim Lovelace Concurrent with Term

PLANNING COMMISSION

Harry Ferguson Concurrent with Term

EMERGENCY MANAGEMENT DIRECTOR & ASSISTANT DIRECTOR

Harry Ferguson Concurrent with Term Carl Rhea Concurrent with Term

BUDGET /FINANCE COMMITTEE

Harry Ferguson 1-Year Term

Rebecca Dye 1-Year Term

Agenda Board of Supervisors January 13, 2020

Amended 1/13/20

  1. Adoption of County’s By-Laws

  2. 2020 Board of Supervisors Regular Meeting Schedule NEW BUSINESS

  3. Approval of Minutes. Consider approval of the minutes of the following meeting of the Russell County Board of Supervisors.

a. Unapproved minutes of December 2, 2019 b. Unapproved minutes of December 17, 2019

  1. Approval of Expenditures. Consider approval of expenditures presented for payment…

ition of the list of

  1. Approval of 2020 Authorized Payments. Authori: routine monthly payments for delegated authorization.

4, Committee Appointments for Board Consideration.

CUMBERLAND PLATEAU ECONOMIC DEVELOPMENT EXECUTIVE BOARD.

Steve Breeding Concurrent with Term Lou Ann Wallace Concurrent with Term

CUMBERLAND PLATEAU ECONOMIC DEVELOPMENT COMMISSION

Carl Rhea Concurrent with Term Tim Lovelace Concurrent with Term

PLANNING COMMISSION Harry Ferguson Concurrent with Term

EMERGENCY MANAGEMENT DIRECTOR & ASSISTANT DIRECTOR

Harry Ferguson Concurrent with Term Carl Rhea Concurrent with Term

BUDGET /FINANCE COMMITTEE

Harry Ferguson 1-Year Term Rebecca Dye 4-Year Term

Russell County Page 2

Agenda Board of Supervisors January 13, 2020 Amended 1/13/20

Russell County Page 3

REGIONAL JAIL BOARD

Harry Ferguson Concurrent with Term Tim Lovelace Concurrent with Term

CHIEF LOCAL ELECTED OFFICAL (CLEO) (Workforce Dev. Board)

Lou Ann Wallace Concurrent with Term

COMMUNITY POLICY MANAGEMENT TEAM (CPMT)

Rebecca Dye Concurrent with Term

FINNEY COMMUNITY CENTER

David Compton 2-Year Term Edward Tiller 2-Year Term

CITIZEN’S COMMENT PERIOD (Limited to 3 minutes)

CONSTITUTIONAL OFFICER REPORTS AND REQUESTS

COUNTY ATTORNEY REPORTS AND REQUESTS…………………………………………C-1

  1. County Personnel Policy

COUNTY ADMINISTRATOR REPORTS AND REQUESTS

REPORTS

  1. 2020 Legislative Forum: 1/21/20 – 1/23/20 Richmond, Virginia……………………D-1

  2. VDOT IACM – Rte. 663 – Bridge Replacement………………………………………D-2

  3. DSS Local Agency Dashboard…………………………………………………………D-3

  4. State and Local Economic Interests and Financial Disclosure Statements….D-4

REQUESTS

  1. Fiscal Year 20/21 Budget Meeting Schedule………….………………….…………D-5

  2. Litter Ordinance Public Hearing………………………………………………………D-6

  3. Noise Ordinance Public Hearing………………………………………………………D-7

Agenda Board of Supervisors January 13, 2020

Amended 1/13/20

REGIONAL JAIL BOARD

Harry Ferguson Concurrent with Term Tim Lovelace Concurrent with Term

CHIEF LOCAL ELECTED OFFICAL (CLEO) (Workforce Dev. Board)

Lou Ann Wallace Concurrent with Term

COMMUNITY POLICY MANAGEMENT TEAM (CPMT)

Rebecca Dye Concurrent with Term FINNEY COMMUNITY CENTER

David Compton 2-Year Term Edward Tiller 2-Year Term

CITIZEN’S COMMENT PERIOD (Limited to 3 minutes) CONSTITUTIONAL OFFICER REPORTS AND REQUESTS COUNTY ATTORNEY REPORTS AND REQUESTS…

  1. County Personnel Policy COUNTY ADMINISTRATOR REPORTS AND REQUESTS REPORTS

  2. 2020 Legislative Forum: 1/21/20 - 1/23/20 Richmond, Virgil

  3. VDOT IACM - Rte. 663 — Bridge Replacement

  4. DSS Local Agency Dashboard.

  5. State and Local Economic Interests and Financial Disclosure Statements.

REQUESTS 5. Fiscal Year 20/21 Budget Meeting Schedule…

  1. Litter Ordinance Public Hearing…

  2. Noise Ordinance Public Hearing…

Russell County Page 3

Agenda Board of Supervisors January 13, 2020 Amended 1/13/20

Russell County Page 4

  1. Dante Community Redevelopment Project DMME AML Agreement……………D-8

  2. County Registrar’s Office Computers……………………………………………….D-9

  3. RC Combined Search & Rescue Reimbursement…………………………………D-10

  4. Travel Requests……………………….…………………………………………………D-11

MATTERS PRESENTED BY THE BOARD

ADJOURNMENT

COUNTY AGENCY / BOARD REPORTS:

• Treasurer’s Report ………………………………………………………………………E • RC IDA …………………………………………………………………………………….F • RC PSA …………………………………………………………………………………… G • Castlewood W&S …………………………………………………………………………H • RC Tourism……………………………………………………………………………….I • RC Planning Commission ………………………………………………………………J • Conference Center………………………………………………………………………K • RC Fitness Center……………………………………………………………………….L • RC Transportation & Safety……………………………………………………………M • RC Cannery Reports…………………………………………………………………….N • RC Building Inspector……………………………………………………………………O

Agenda Board of Supervisors January 13, 2020 Amended 1/13/20

  1. Dante Community Redevelopment Project DMME AML Agreement

  2. County Registrar’s Office Computers…

10.RC Combined Search & Rescue Reimbursement…

  1. Travel Requests… MATTERS PRESENTED BY THE BOARD ADJOURNMENT

COUNTY AGENCY / BOARD REPORTS:

Treasurer’s Report. RC IDA. RC PSA Castlewood W&S RC Tourism… RC Planning Commission . Conference Center. RC Fitness Cente: RC Transportation & Safety. RC Cannery Reports. RC Building Inspecto

Russell County Page 4

CLOSED SESSION

Motion made by _________________, second by ___________ and duly approved by the Board of Supervisors enter into closed session to discuss Legal Matters pursuant to Section 2.2-3711(A) (1), (3), (5), (7), (8).

The vote was: Aye: ________ Nay: ________

CERTIFICATION OF CLOSED SESSION

Pursuant to §2.2-3712 (D) of the Code of Virginia 1950, as amended, each member of the Board of Supervisors upon the Roll Call certifies that to the best of their knowledge (i) only public business matters lawfully exempted from the open meeting requirements under the Virginia Freedom of Information Act and (ii) only such public business matters that were identified in the motion(s) by which the closed meeting was convened were heard, discussed or considered in the meeting by the Board of Supervisors.

Any member of the Board of Supervisors who believes that there was a departure from the requirements of clauses (i) and (ii) above shall so state prior to the vote, indicating the substance of the departure that, in his or her judgment, has taken place.

Are there any Supervisors who believe a departure has taken place?

Seeing none, if you agree that the matters heard, discussed or considered during the closed meeting were pursuant only to the motion(s) by which the closed meeting was convened, please signify by saying aye or yes.

Tim Lovelace -

Lou Ann Wallace -

Carl Rhea -

Steve Breeding -

David Eaton -

Rebecca Dye -

Oris Christian -

APPROVAL TO RETURN TO REGULAR SESSION

Motion made by _______________, second by _________________ and duly approved by the Board of Supervisors to return to regular session.

The vote was: Aye: _______ Nay: _______

CLOSED SESSION

Motion made by , second by and duly approved by the Board of Supervisors enter into closed session to discuss Legal Matters pursuant to Section 2.2-3711(A) (1), (3), (5); (7); (8).

The vote was:

CERTIFICATION OF CLOSED SESSION

Pursuant to §2.2-3712 (D) of the Code of Virginia 1950, as amended, each member of the Board of Supervisors upon the Roll Call certifies that to the best of their knowledge (1) only public business matters lawfully exempted from the open meeting requirements under the Virginia Freedom of Information Act and (ii) only such public business matters that were identified in the motion(s) by which the closed meeting was convened were heard, discussed or considered in the meeting by the Board of Supervisors.

‘Any member of the Board of Supervisors who believes that there was a departure from the requirements of clauses (i) and (ji) above shall so state prior to the vote, indicating the substance of the departure that, in his or her judgment, has taken place.

Are there any Supervisors who believe a departure has taken place?

Seeing none, if you agree that the matters heard, discussed or considered during the closed meeting were pursuant only to the motion(s) by which the closed meeting was convened, please signify by saying aye or yes.

Tim Lovelace - Lou Ann Wallace - Carl Rhea - Steve Breeding - David Eaton - Rebecca Dye - Oris Christian - APPROVAL TO RETURN TO REGULAR SESSION

Motion made by , Second by and duly approved by the Board of Supervisors to return to regular session.

The vote was: Aye: Nay:

Russell County Government Center

137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011 www.russellcountyva.us

Board of Supervisors Information Item

137 Highland Drive Presenters - Various Lebanon, VA 24266

Meeting: 1/13/20 6:00 PM

Presentations

  1. Susan Barton – Eagle Scouts “Achievement Award”…………………………….A-1

  2. Travis Lambert – Glade Hollow Ballpark Project

Staff Recommendation:

Presentation – Informational Only.

Suggested Motion:

Board Discretion.

ATTACHMENTS: • None

Board of Supervisors Information Item 137 Highland Drive Presenters - Various Lebanon, VA 24266

1/13/20

Meetin: 00 PM

Presentations

  1. Susan Barton - Eagle Scouts “Achievement Award”.

  2. Travis Lambert — Glade Hollow Ballpark Project Staff Recommendation:

Presentation — Informational Only.

Suggested Motion:

Board Discretion.

ATTACHMENTS:

  • None

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

Russell County Government Center

137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011 www.russellcountyva.us

Board of Supervisors Action Items

137 Highland Drive Chairperson Lebanon, VA 24266

Meeting: 1/13/20 6:00 PM

Organizational Meeting

  1. Election of Chairman

  2. Election of Vice-Chairman

  3. Clerk of Board and Deputy Clerk

  4. Adoption of Robert’s Rules of Order

  5. Adoption of County’s By-Laws

  6. 2020 Board of Supervisors Regular Meeting Schedule

Staff Recommendation:

Board Discretion.

Suggested Motion:

Motions Required.

ATTACHMENTS: • 2020 Board of Supervisors Regular Meeting Schedule

Board of Supervisors Action Items 137 Highland Drive Chairperson Lebanon, VA 24266

1/13/20

Meetin:

Organizational Meeting

  1. Election of Chairman

  2. Election of Vice-Chairman

  3. Clerk of Board and Deputy Clerk

4, Adoption of Robert’s Rules of Order 5, Adoption of County’s By-Laws

  1. 2020 Board of Supervisors Regular Meeting Schedule

Staff Recommendation: Board Discretion. Suggested Motion: Motions Required.

ATTACHMENTS:

  • 2020 Board of Supervisors Regular Meeting Schedule

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

By Laws Russell County
• Adopted May 5, 2014

Article I Russell County Board of Supervisors, Officers & Their Selection A. There shall be seven (7) members of the Board of Supervisors, six (6) elected for four-year terms by citizen vote of each of the six (6) Districts of Russell County and one (1) member elected at-large by the entire County for four years.

B. The Officers of the Board of Supervisors shall consist of a Chairman and Vice Chairman, each of whom shall serve for a term of one (1) calendar year.

C. Nomination of Officers shall be made from the Board at the first meeting of each calendar year. Election of Officers shall follow immediately.

D. A standing Budget/Finance Committee shall be appointed by the newly elected Board Chairman. This committee shall consist of two (2) Board members and two (2) staff members.

Article II Duties of Officers A. The Chairman shall:
(1) Preside at all meetings;
(2) Work closely with the County Administrator on day to day matters, approve appropriate financial documents, and approve the agenda for all meetings; (3) Carry out such other duties as assigned by the Board.

B. The Vice-Chairman shall act in the absence or inability of the Chairman to act.

C. The Budget/Finance Committee shall be responsible for preparation of the annual County budget and for presentation during a regular or special Board meeting before a vote is taken on the Budget each year. Other financial matters shall be considered by this committee before presentation to the full Board.

Article III Agenda Preparation Policy A. The County Administrator shall prepare an agenda for each regular meeting of the Board of Supervisors. Supervisors, staff, and others may submit to the County Administrator items for the agenda at any time prior to Noon Wednesday of the week preceding the regular meeting to which such item relates. Emergency items will be added as an amendment to the agenda.

B. Copies of the agenda shall be made available electronically for each Supervisor by close of business on Tuesday prior to the Board meeting and an agenda complete with a packet of materials for the Board members and News Media serving the County and the public not later than close of business on Thursday preceding the meeting to which it relates.

Lonzo Lester Underline

Lonzo Lester Underline

By Laws

Russell County « Adopted May 5, 2014

Article I

Russell County Board of Supervisors, Officers & Their Selection

A. There shall be seven (7) members of the Board of Supervisors, six (6) elected for four-year terms by citizen vote of each of the six (6) Districts of Russell County and one (1) member elected at-large by the entire County for four years.

B. The Officers of the Board of Supervisors shall consist of a Chairman and Vice Chairman, each of whom shall serve for a term of one (1) calendar year.

C. Nomination of Officers shall be made from the Board at the first meeting of each calendar year. Election of Officers shall follow immediately.

D. A standing Budget/Finance Committee shall be appointed by the newly elected Board Chairman. This committee shall consist of two (2) Board members and two (2) staff members.

Article IT

Duties of Officers

‘A. The Chairman shall:

(1) Preside at all meetings;

(2) Work closely with the County Administrator on day to day matters, approve appropriate financial documents, and approve the agenda for all meetings;

(3) Carry out such other duties as assigned by the Board

B. The Vice-Chairman shall act in the absence or inability of the Chairman to act.

C. The Budget/Finance Committee shall be responsible for preparation of the annual County budget and for presentation during a regular or special Board meeting before a vote is taken on the Budget each year. Other financial matters shalll be considered by this committee before presentation to the full Board.

Article IIT

Agenda Preparation Policy

‘A. The County Administrator shall prepare an agenda for each regular meeting of the Board of Supervisors. Supervisors, staff, and others may submit to the County Administrator items

for the agenda at any time prior to Noon Wednesday of the week preceding the regular meeting to which such item relates. Emergency items will be added as an amendment to the agenda.

B. Copies of the agenda shall be made available electronically for each Supervisor by close of business on Tuesday prior to the Board meeting and an agenda complete with a packet of materials for the Board members and News Media serving the County and the public not later than close of business on Thursday preceding the meeting to which it relates.

Article IV Meetings A. The time and place of Board Meetings shall be set from time to time by resolution of the Board in conformance with State Law. The regular meeting schedule shall be set at the organizational meeting held in January each year.

B. Minutes from the previous meeting shall be delivered to the Board members with the agenda prior to the next meeting. Unless requested by a Board member, the minutes will not be read and will be approved upon motion and vote of the Board.

C. Order of Business (1) Commencement of Meetings:
At the time established in accordance with Article IV (A) of these By-Laws for the commencement of regular meetings or at the hour specified for continued or special meetings, the Chairman shall call the meeting to order and shall direct the clerk to note the absence of any Board members by roll call. A quorum shall be required for commencement of any meeting.

(2) Agenda:
An agenda shall be prepared by the County Administrator in accordance with Article III under these By-laws. The proposed agenda shall be adopted by the Board at each meeting. The agenda will include under New Business “Reports from Designated Standing Committees”. Should the chairman or any member of the Board have a matter which he or she feels needs to be brought to the attention of the Board but which is not on the agenda, or if there is an amendment to the order of the agenda, he or she may make a motion that an addition or amendment be made to the agenda. Such amended agenda must be approved by a majority of the Board members present.

D. Presentations: Matters to be presented to the Board may be arranged by persons prior to the meetings and placed on the Agenda. The County Administrator must be notified by Wednesday of the week prior to the Board meeting. Any materials to be used for the presentation must be provided and included in agenda packet. Additional materials presented at the Board meeting must be approved by the Chairman prior to dissemination. These presentations are strongly encouraged to be limited to five (5) minutes and when four (4) minutes has elapsed, the Chairman may instruct the speaker that one (1) minute is remaining.

E. Quorum & Method of Voting A majority of the members of the Board of Supervisors shall constitute a quorum of the Board. All questions submitted to the Board for decision shall be determined by voice vote of a majority of the supervisors voting on any such questions, unless otherwise provided by law. The name of each member voting and how he or she voted must be recorded. Roll Call votes may be requested by any Board member.

F. Procedure for Roll Call of Board Members (1) The Members of the Board of Supervisors shall cast votes in district order on a rotating basis per meeting.
(2) The Chairman of the Board of Supervisors shall cast the last vote. (3) The Chairman/Clerk shall restate all motions before a vote is taken and the result of the

Article IV

Meetings

A. The time and place of Board Meetings shall be set from time to time by resolution of the Board in conformance with State Law. The regular meeting schedule shall be set at the organizational meeting held in January each year.

B. Minutes from the previous meeting shall be delivered to the Board members with the agenda prior to the next meeting. Unless requested by a Board member, the minutes will not be read and will be approved upon motion and vote of the Board.

C. Order of Business

(1) Commencement of Meetings:

At the time established in accordance with Article IV (A) of these By-Laws for the commencement of regular meetings or at the hour specified for continued or special meetings, the Chairman shall call the meeting to order and shall direct the clerk to note the absence of any Board members by roll call. A quorum shall be required for commencement of any meeting.

(2) Agenda:

‘An agenda shall be prepared by the County Administrator in accordance with Article III under these By-laws. The proposed agenda shall be adopted by the Board at each meeting. The agenda will include under New Business “Reports from Designated Standing Committees”. Should the chairman or any member of the Board have a matter which he or she feels needs to be brought to the attention of the Board but which is not on the agenda, or if there is an amendment to the order of the agenda, he or she may make a motion that an addition or amendment be made to the agenda. Such amended agenda must be approved by a majority of the Board members present.

D. Presentations: Matters to be presented to the Board may be arranged by persons prior to the meetings and placed on the Agenda. The County Administrator must be notified by Wednesday of the week prior to the Board meeting. Any materials to be used for the presentation must be provided and included in agenda packet. Additional materials presented at the Board meeting must be approved by the Chairman prior to dissemination. These presentations are strongly encouraged to be limited to five (5) minutes and when four (4) minutes has elapsed, the Chairman may instruct the speaker that one (1) minute is remaining.

E. Quorum & Method of Voting

A majority of the members of the Board of Supervisors shall constitute a quorum of the Board. All questions submitted to the Board for decision shall be determined by voice vote of a majority of the supervisors voting on any such questions, unless otherwise provided by law. The name of each member voting and how he or she voted must be recorded. Roll Call votes may be requested by any Board member.

F. Procedure for Roll Call of Board Members (1) The Members of the Board of Supervisors shall cast votes in district order on a rotating basis per meeting.

(2) The Chairman of the Board of Supervisors shall cast the last vote.

(3) The Chairman/Clerk shall restate all motions before a vote is taken and the result of the

vote shall be announced following each vote.

G. General Rules of Procedure The Board’s Parliamentary Procedures shall be Robert’s Rules of Order, Newly Revised, 11th edition, specifically to include Section 49, Conduct of Business in Boards, pages 486 – 488, in all matters not covered by the Board’s bylaws, to the extent compatible with law and the historical practices of the Board. The County Attorney, or his or her designee, shall act as Parliamentarian to the Board. Any questions involving the interpretation or application of Robert’s Rules shall be addressed to the County Attorney. The Board may amend, by Resolution, the rules as it deems appropriate. The following rules shall apply:

(1) Members are not required to obtain the floor before making motions or speaking, which they can do while seated.

(2) All motions require a second except for nominations for appointments to other boards, authorities or commissions.

(3) There is no limit to the number of times a member can speak to a question, and motions to close or limit debate generally should not be entertained.

(4) Informal discussion of a subject is permitted while no motion is pending.

(5) The Chairman can speak in discussion without leaving the chair, can vote on all questions, but cannot make motions unless by consent of a majority of Board members present.

(6) No Board member is required to vote on any issue. If any Board member determines, prior to the calling of any issue before the Board, that he, because of conflict or otherwise, will abstain from voting on such issue, he shall announce such intention at the time the issue comes before the Board and shall not participate in the discussion on such issue or question. An abstention shall be counted for the purpose of determining a quorum. An abstention defeats a motion requiring a unanimous vote.

(7) In the incidence of a tie vote, the issue voted upon by the Board is dead and therefore voted down.

(8) If a primary or substitute motion is made at a Board meeting where at least six (6) members are present and the motion is voted on and fails, the same or a substantively similar motion cannot be reconsidered by the Board within the following twelve (12) months except by a primary or substitute motion made by a member of the Board who voted on the prevailing side where there are no less than six (6) Board members present, and only if two-thirds (2/3) of the Board members present vote to reconsider the action previously decided.

(9) Only Board members and the Parliamentarian shall have standing to raise noncompliance with these General Rules of Procedure, and only during the current meeting at the time of violation. Failure of the Board to comply with these General Rules of Procedure shall not invalidate any action taken by the Board.

H. Member Absenting Himself from Meeting Prior to Adjournment After the name of any member of the Board has been recorded as present at any meeting of the Board, he shall not absent himself from the remainder of the meeting prior to adjournment unless by consent of the Board.

vote shall be announced following each vote.

G. General Rules of Procedure

The Board’s Parliamentary Procedures shall be Robert’s Rules of Order, Newly Revised, 11th edition, specifically to include Section 49, Conduct of Business in Boards, pages 486 - 488, in all matters not covered by the Board’s bylaws, to the extent compatible with law and the historical practices of the Board. The County Attorney, or his or her designee, shall act as Parliamentarian to the Board. Any questions involving the interpretation or application of Robert’s Rules shall be addressed to the County Attorney. The Board may amend, by Resolution, the rules as it deems appropriate. The following rules shall apply:

(1) Members are not required to obtain the floor before making motions or speaking, which they can do while seated.

(2) All motions require a second except for nominations for appointments to other boards, authorities or commissions.

(3) There is no limit to the number of times a member can speak to a question, and motions to close or limit debate generally should not be entertained.

(4) Informal discussion of a subject is permitted while no motion is pending.

(5) The Chairman can speak in discussion without leaving the chair, can vote on all questions, but cannot make motions unless by consent of a majority of Board members present.

(6) No Board member is required to vote on any issue. If any Board member determines, Prior to the calling of any issue before the Board, that he, because of conflict or otherwise, will abstain from voting on such issue, he shall announce such intention at the time the issue comes before the Board and shall not participate in the discussion on such issue or question. An abstention shall be counted for the purpose of determining a quorum. An abstention defeats a motion requiring a unanimous vote.

(7) In the incidence of a tie vote, the issue voted upon by the Board is dead and therefore voted down.

(8) Ifa primary or substitute motion is made at a Board meeting where at least six (6) members are present and the motion is voted on and fails, the same or a substantively similar motion cannot be reconsidered by the Board within the following twelve (12) months ‘except by a primary or substitute motion made by a member of the Board who voted on the prevailing side where there are no less than six (6) Board members present, and only if ‘two-thirds (2/3) of the Board members present vote to reconsider the action previously decided.

(9) Only Board members and the Parliamentarian shall have standing to raise noncompliance with these General Rules of Procedure, and only during the current meeting at the time of violation. Failure of the Board to comply with these General Rules of Procedure shall not invalidate any action taken by the Board.

H. Member Absenting Himself from Meeting Prior to Adjournment

After the name of any member of the Board has been recorded as present at any meeting of the Board, he shall not absent himself from the remainder of the meeting prior to adjournment unless by consent of the Board.

I. Board to Sit with Open Doors The Board of Supervisors shall sit with open doors and all persons conducting themselves in an orderly manner may attend the meetings; however, the Board may hold closed sessions as permitted by law and when deemed necessary by a majority vote of the Board.

A consent agenda shall be introduced by a motion “to approve” by any Board member, and shall be considered by the Board as a single item. There shall be no debate or discussion by any member of the Board regarding any item on the consent agenda. The Clerk or his/her designee shall provide a brief written summary or memo on each item included in the consent agenda. Upon request of any Board member who wishes to question or discuss an item, that item shall be removed from the Consent Agenda. This item shall be transferred onto the agenda for consideration.

J. Citizens Comment Period
Rules for Citizen Comment Period To ensure that the affairs of the Board and its committees may be conducted in an orderly manner, to ensure that all persons desiring to address the Board on matters pertinent to it are afforded an opportunity to do so, to permit persons in attendance to observe and hear the proceedings of the Board without distraction, and to permit to the fullest extent the Board to conduct County business with minimal disruption, the following rules are established.

(1) Each person desiring to speak during the Citizens’ Comment period on the agenda must provide name and address prior to their comments.

(2) Each speaker is strongly encouraged to limit remarks to a period of three (3) minutes per comment period; when two (2) minutes have passed the speaker may be reminded that there is one (1) minute remaining.

(3) Speakers may not donate their time to other speakers.

(4) Speakers will not be permitted to use audiovisual materials or other visual displays, but may present written and photographic materials to the Board members.

(5) Comments must be confined to matters germane to the business of the Board of Supervisors and shall not be cumulative or repetitive.

(6) Speakers should address the Board with decorum – loud, boisterous, and disruptive behavior, obscenity, and vulgarity should be avoided as well as other words or acts tending to evoke violence or deemed to be a breach of the peace.

(7) The Citizens’ Comment period is not intended to be a question and answer period or time for dialogue with County officials. Questions which are raised during a comment period may at the discretion of the Board be responded to by County officials after sufficient time for appropriate investigation.

(8) Speakers shall remain at the podium while addressing the Board.

(9) Speakers shall not be interrupted by audience comments, calls/whistles, laughter, or other gestures. Individuals in the audience who do not abide by this policy after a warning will be asked to leave the meeting.

I. Board to Sit with Open Doors

The Board of Supervisors shall sit with open doors and all persons conducting themselves in an orderly manner may attend the meetings; however, the Board may hold closed sessions as permitted by law and when deemed necessary by a majority vote of the Board.

‘A consent agenda shall be introduced by a motion “to approve” by any Board member, and shall be considered by the Board as a single item. There shall be no debate or discussion by any member of the Board regarding any item on the consent agenda. The Clerk or his/her designee shall provide a brief written summary or memo on each item included in the consent agenda. Upon request of any Board member who wishes to question or discuss an item, that item shall be removed from the Consent Agenda. This item shall be transferred onto the agenda for consideration.

J. Citizens Comment Period

Rules for Citizen Comment Period

To ensure that the affairs of the Board and its committees may be conducted in an orderly manner, to ensure that all persons desiring to address the Board on matters pertinent to it are afforded an opportunity to do so, to permit persons in attendance to observe and hear the proceedings of the Board without distraction, and to permit to the fullest extent the Board to conduct County business with minimal disruption, the following rules are established.

(1) Each person desiring to speak during the Citizens’ Comment period on the agenda must provide name and address prior to their comments.

(2) Each speaker is strongly encouraged to limit remarks to a period of three (3) minutes per comment period; when two (2) minutes have passed the speaker may be reminded that there is one (1) minute remaining.

(3) Speakers may not donate their time to other speakers.

(4) Speakers will not be permitted to use audiovisual materials or other visual displays, but may present written and photographic materials to the Board members.

(5) Comments must be confined to matters germane to the business of the Board of Supervisors and shall not be cumulative or repetitive.

(6) Speakers should address the Board with decorum - loud, boisterous, and disruptive behavior, obscenity, and vulgarity should be avoided as well as other words or acts tending to evoke violence or deemed to be a breach of the peace.

(7) The Citizens’ Comment period is not intended to be a question and answer period or time for dialogue with County officials. Questions which are raised during a comment period may at the discretion of the Board be responded to by County officials after sufficient time for appropriate investigation.

(8) Speakers shall remain at the podium while addressing the Board. (9) Speakers shall not be interrupted by audience comments, calls/whistles, laughter, or

other gestures. Individuals in the audience who do not abide by this policy after a warning will be asked to leave the meeting

(10) Expressive activities including, but not limited to, petitioning, picketing, displaying signs and posters, solicitation, demonstrating, pamphlet distribution, and conducting polls shall not be permitted within the Governmental Center Building or in any other building that the Board is meeting.

These rules do not preclude persons from delivering to the Board or its Clerk written materials including reports, statements, exhibits, letters, or signed petitions or to prohibit persons from presenting oral or written comments on any subject germane to the business of the Board to individual Board members or to the Board through its Clerk outside the context of the public meeting.

K. Agenda Item Procedure The following guidelines shall be followed for comment addressed to specific agenda items:

(1) In order to prevent obvious questions from consuming Board Meeting time, the Chairman and/or designated person(s) will advise the speaker if a matter is to be considered during some other time during the meeting.

Article V
Procedure for Dealing with Items Not on the Agenda A. All matters not on the agenda must be raised during citizens comment period. Any matter not on the agenda shall not be considered unless approved for consideration by the majority of the Board present in accordance with Article IV, C (2).

B. For any special meeting, the business to be discussed shall be stated in the call for such meeting. The Chairman or Administrator shall prepare a written agenda listing all items to be considered for every special meeting. No other business shall be discussed or acted upon unless approved for consideration by the majority of the Board present in accordance with Article IV, C (2).

Article VI Public Hearings A. All public hearings will be advertised in accordance with the Virginia Code. Public hearings may be postponed, continued or canceled at the discretion of the Board.

B. In addition to those required by law, the Board at its discretion may hold public hearings when it decides that a hearing will be in the public interest.

C. The case before the Board shall be summarized by the Chairman or designated person(s). If there is expected to be many speakers on the issue, interested parties wishing to speak must sign the register at the rear of the room prior to the start of the hearing. Each person wishing to speak will be called to the podium by the Chairman or designated person(s) in the order such person signed the register and must state his or her name and address for the record. Generally, each citizen should be provided an opportunity to speak.
Each speaker shall be limited to three (3) minutes, unless waived by the Board.

D. Board Members shall limit their comments in public hearings to insure participation by the public without Board interference.

(10) Expressive activities including, but not limited to, petitioning, picketing, displaying signs and posters, solicitation, demonstrating, pamphlet distribution, and conducting polls shall not be permitted within the Governmental Center Building or in any other building that the Board is meeting.

These rules do not preclude persons from delivering to the Board or its Clerk written materials including reports, statements, exhibits, letters, or signed petitions or to prohibit persons from presenting oral or written comments on any subject germane to the business of the Board to individual Board members or to the Board through its Clerk outside the context of the public meeting.

K. Agenda Item Procedure The following guidelines shall be followed for comment addressed to specific agenda items:

(1) In order to prevent obvious questions from consuming Board Meeting time, the Chairman and/or designated person(s) will advise the speaker if a matter is to be considered during some other time during the meeting.

Article V

Procedure for Dealing with Items Not on the Agenda

A. All matters not on the agenda must be raised during citizens comment period. Any matter not on the agenda shall not be considered unless approved for consideration by the majority of the Board present in accordance with Article IV, C (2).

B. For any special meeting, the business to be discussed shall be stated in the call for such meeting. The Chairman or Administrator shall prepare a written agenda listing all items to be considered for every special meeting. No other business shall be discussed or acted upon unless approved for consideration by the majority of the Board present in accordance with Article IV, C (2).

Article VI

Public Hearings A. All public hearings will be advertised in accordance with the Virginia Code. Public hearings may be postponed, continued or canceled at the discretion of the Board.

B. In addition to those required by law, the Board at its discretion may hold public hearings when it decides that a hearing will be in the public interest.

C. The case before the Board shall be summarized by the Chairman or designated person(s). If there is expected to be many speakers on the issue, interested parties wishing to speak must sign the register at the rear of the room prior to the start of the hearing. Each person wishing to speak will be called to the podium by the Chairman or designated person(s) in the order such person signed the register and must state his or her name and address for the record. Generally, each citizen should be provided an opportunity to speak. Each speaker shall be limited to three (3) minutes, unless waived by the Board.

D. Board Members shall limit their comments in public hearings to insure participation by the public without Board interference.

Article VII Appointment of Committees Appointments to committees of the Board may be made by the Chairman. Appointments to other authorities, boards, and commissions, shall be made only by member motion adopted by a majority of the full Board. Prior to consideration of the nomination, the nominee shall be notified to determine his or her willingness to serve and to determine if he or she meets the qualifications for such appointment.

Article VIII Duties of the County Administrator The County Administrator shall:

A. Prepare the agenda for each meeting for approval in conformance with the agenda preparation procedure outlined in these bylaws.

B. Keep a written record of all business transacted by the Board.

C. Administer the financial control procedures of the County.

D. Advise and inform the Board on all matters affecting County government.

E. Execute all formal documents authorized by the Board of Supervisors.

F. Provide and supervise all staff services directly under the control of the Board of Supervisors.

G. The County Administrator shall be responsible for all personnel management of the County. Department Directors, Coordinators, Supervisors or Managers will be hired and dismissed with the consent of a majority of the Board of Supervisors.

H. Prepare an annual operating budget for the County government in accordance with guidelines established by the State auditor’s office for approval by the Board of Supervisors. He shall be responsible for maintaining adequate financial and accounting records on all County business under his control.

I. Serve as the Board’s representative in all circumstances where the Chairman, Vice Chairman, or a majority of the Board Members are not available.

J. Perform all other duties delegated by the Board as required by law.

Article IX Amendments A. The Bylaws may be amended by a recorded majority vote of the entire membership of the Board provided that written notice has been given to all members of the Board and a copy of the proposed amendment is sent with the notice, prior to said meeting.

Article VII

Appointment of Committees

Appointments to committees of the Board may be made by the Chairman. Appointments to other authorities, boards, and commissions, shall be made only by member motion adopted by a majority of the full Board. Prior to consideration of the nomination, the nominee shall be notified to determine his or her willingness to serve and to determine if he or she meets the qualifications for such appointment.

Article VIII Duties of the County Administrator The County Administrator shall:

A. Prepare the agenda for each meeting for approval in conformance with the agenda preparation procedure outlined in these bylaws.

B. Keep a written record of all business transacted by the Board.

C. Administer the financial control procedures of the County.

D. Advise and inform the Board on all matters affecting County government. E. Execute all formal documents authorized by the Board of Supervisors.

F. Provide and supervise all staff services directly under the control of the Board of Supervisors.

G. The County Administrator shall be responsible for all personnel management of the County. Department Directors, Coordinators, Supervisors or Managers will be hired and dismissed with the consent of a majority of the Board of Supervisors.

H. Prepare an annual operating budget for the County government in accordance with guidelines established by the State auditor’s office for approval by the Board of Supervisors. He shall be responsible for maintaining adequate financial and accounting records on all County business under his control.

I. Serve as the Board’s representative in all circumstances where the Chairman, Vice Chairman, or a majority of the Board Members are not available.

J. Perform all other duties delegated by the Board as required by law.

Article IX

Amendments

A. The Bylaws may be amended by a recorded majority vote of the entire membership of the Board provided that written notice has been given to all members of the Board and a copy of the proposed amendment is sent with the notice, prior to said meeting.

B. The Bylaws may be suspended in whole or in part only upon the unanimous vote of Board members present, relating to any matter before it.

B. The Bylaws may be suspended in whole or in part only upon the unanimous vote of Board members present, relating to any matter before it.

                    Board of Supervisors       January 13, 2020 

Russell County Page 1

RUSSELL COUNTY

BOARD OF SUPERVISOR’S MEETING

Russell County Governmental Center Lebanon, Virginia 24266

RUSSELL COUNTY BOARD OF SUPERVISORS REGULAR MEETING SCHEDULE

2020 GOVERNMENTAL CENTER

6:00 P.M.

January 13th, Monday

February 3rd, Monday

March 2nd, Monday

April 6th, Monday

May 4th, Monday

June 1st, Monday

July 6th, Monday

August 3rd, Monday

September 7th, Monday

October 5th, Monday

November 2nd, Monday

December 7th, Monday

Board of Supervisors January 13, 2020

RUSSELL COUNTY

BOARD OF SUPERVISOR’S MEETING

Russell County Governmental Center Lebanon, Virginia 24266

RUSSELL COUNTY BOARD OF SUPERVISORS. REGULAR MEETING SCHEDULE 2020 GOVERNMENTAL CENTER 6:00 P.M.

January 13", Monday February 3", Monday March 2”, Monday April 6", Monday May 4", Monday June 1*, Monday July 6", Monday August 3", Monday September 7", Monday October 5", Monday November 2", Monday

December 7", Monday

Russell County

Page 1

 Board of Supervisors                       Action Item B-1 

137 Highland Drive Presenter: Chairperson Lebanon, VA 24266

Meeting: 1/13/20 6:00 PM

Russell County Government Center

137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011 www.russellcountyva.us

Approval of Minutes

Request approval of the minutes from the following meeting:

• December 2, 2019 Board Minutes • December 17, 2019 Board Minutes

STAFF RECOMMENDATION(s): Board discretion

SUGGESTED MOTION(s): Motion to approve Board Minutes.

ATTACHMENTS:

• Board Minutes

Board of Supervisors Action Item B-1

137 Highland Drive Presenter: Chairperson Lebanon, VA 24266

Meeting: 1/13/20 6:00 PM

Approval of Minutes

Request approval of the minutes from the following meeting: December 2, 2019 Board Minutes « December 17, 2019 Board Minutes

STAFF RECOMMENDATION(s): Board discretion

SUGGESTED MOTION(s): Motion to approve Board Minutes.

ATTACHMENTS:

  • Board Minutes

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

December 02, 2019

A regular monthly meeting of the Russell County Board of Supervisors was held on Monday, December 02, 2019 at 6:00 pm at the Russell County Government Center in Lebanon, Virginia. An Executive (closed) session was prior to the meeting at 5:00 pm.

The Clerk called the meeting to order.

Roll Call by the Clerk:

Present:

Tim Lovelace Lou Wallace Carl Rhea David Eaton Steve Breeding Harry Ferguson Rebecca Dye

Lonzo Lester, Clerk Vicki Porter, Deputy Clerk Katie Patton, County Attorney

Absent:

None

EXECUTIVE (CLOSED) SESSION

Motion made by Harry Ferguson, second Steve Breeding and duly approved by the Board of Supervisors to enter into (closed) executive session pursuant to Section 2.2-3712(5) of the Code of Virginia to discuss legal and personnel matters pursuant to 2.2-3712(A), (3), (7) and (8).

The vote was: Aye: Harry Ferguson, Lou Wallace, Tim Lovelace, Carl Rhea, Steve Breeding, Rebecca Dye and David Eaton Nay: None

APPROVAL TO RETURN TO REGULAR SESSION

Motion made by Harry Ferguson, second Tim Lovelace and duly approved by the Board of Supervisors to return to regular session.

The vote was: Aye: David Eaton, Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Harry Ferguson Nay: None

December 02, 2019

A regular monthly meeting of the Russell County Board of Supervisors was held on Monday, December 02, 2019 at 6:00 pm at the Russell County Government Center in Lebanon, Virginia. An Executive (closed) session was prior to the meeting at 5:00 pm.

The Clerk called the meeting to order.

Roll Call by the Clerk:

Present:

Tim Lovelace Lou Wallace Carl Rhea David Eaton Steve Breeding Harry Ferguson Rebecca Dye

Lonzo Lester, Clerk Vicki Porter, Deputy Clerk Katie Patton, County Attorney

Absent:

None EXECUTIVE (CLOSED) SESSION

Motion made by Harry Ferguson, second Steve Breeding and duly approved by the Board of Supervisors to enter into (closed) executive session pursuant to Section 2.2-3712(5) of the Code of Virginia to discuss legal and personnel matters pursuant to 2.2-3712(A), (3), (7) and (8).

The vote was:

‘Aye: Harry Ferguson, Lou Wallace, Tim Lovelace, Carl Rhea, Steve Breeding, Rebecca Dye and David Eaton

Nay: None APPROVAL TO RETURN TO REGULAR SESSION

Motion made by Harry Ferguson, second Tim Lovelace and duly approved by the Board of Supervisors to return to regular session.

The vote was:

‘Aye: David Eaton, Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Harry Ferguson

Nay: None

Invocation by Cuba Porter, Lakeview Church followed by the Pledge of Allegiance to the Flag.

APPROVAL OF THE AGENDA

Motion made by David Eaton, second Lou Wallace and duly approved by the Board of Supervisors to approve the agenda as approved.

The vote was: Aye: David Eaton, Lou Wallace, Tim Lovelace, Carl Rhea, Steve Breeding, Rebecca Dye and Harry Ferguson Nay: None

Presentations

The Russell County Second Amendment Sanctuary Resolution was read by Steve Breeding.

APPROVAL OF THE SECOND AMENDMENT SANCTUARY RESOLUTION FOR RUSSELL COUNTY

Motion made by Steve Breeding, second Lou Wallace and duly approved by the Board of Supervisors to approve the Second Amendment Sanctuary Resolution.

The vote was: Aye: Steve Breeding, Lou Wallace, Tim Lovelace, Carl Rhea, David Eaton, Rebecca Dye and Harry Ferguson Nay: None

Senator Ben Chafin commended the Board on passing this Resolution.

Debbie Melton, Cumberland Plateau Planning District Commission addressed the Board concerning the DHCD Belfast Water Line Extension Grant.

APPROVAL OF THE BELFAST WATERLINE EXTENSION PROJECT GRANT FROM DHCD

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to approve a Department of Housing and Community Development Grant for the Belfast Waterline Extension Project.

The vote was: Aye: Steve Breeding, David Eaton, Lou Wallace, Carl Rhea, Tim Lovelace, Rebecca Dye and Harry Ferguson Nay: None

APPROVAL TO TAKE A (5) FIVE MINUTE RECESS

Motion made by Harry Ferguson, second Steve Breeding and duly approved by the Board of Supervisors to take a (5) five-minute recess.

The vote was:

Invocation by Cuba Porter, Lakeview Church followed by the Pledge of Allegiance to the Flag. APPROVAL OF THE AGENDA

Motion made by David Eaton, second Lou Wallace and duly approved by the Board of Supervisors to. approve the agenda as approved.

The vote was: ‘Aye: David Eaton, Lou Wallace, Tim Lovelace, Carl Rhea, Steve Breeding, Rebecca Dye and Harry Ferguson

Nay: None

Presentations

The Russell County Second Amendment Sanctuary Resolution was read by Steve Breeding.

APPROVAL OF THE SECOND AMENDMENT SANCTUARY RESOLUTION FOR RUSSELL COUNTY

Motion made by Steve Breeding, second Lou Wallace and duly approved by the Board of Supervisors to approve the Second Amendment Sanctuary Resolution.

The vote was: ‘Aye: Steve Breeding, Lou Wallace, Tim Lovelace, Carl Rhea, David Eaton, Rebecca Dye and Harry Ferguson

Nay: None

Senator Ben Chafin commended the Board on passing this Resolution.

Debbie Melton, Cumberland Plateau Planning District Commission addressed the Board concerning the DHCD Belfast Water Line Extension Grant.

APPROVAL OF THE BELFAST WATERLINE EXTENSION PROJECT GRANT FROM DHCD

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to approve a Department of Housing and Community Development Grant for the Belfast Waterline Extension Project.

The vote was: ‘Aye: Steve Breeding, David Eaton, Lou Wallace, Carl Rhea, Tim Lovelace, Rebecca Dye and Harry Ferguson Nay: None APPROVAL TO TAKE A (5) FIVE MINUTE RECESS

Motion made by Harry Ferguson, second Steve Breeding and duly approved by the Board of Supervisors to take a (5) five-minute recess.

The vote was:

Aye: Steve Breeding, Lou Wallace, Tim Lovelace, Carl Rhea, David Eaton, Rebecca Dye and Harry Ferguson Nay: None

APPROVAL TO RETURN TO THE MEETING

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to return to the meeting.

The vote was: Aye: Steve Breeding, Lou Wallace, Tim Lovelace, Carl Rhea, David Eaton, Rebecca Dye and Harry Ferguson Nay: None

Presentations continued:

William Puckett, RCSD gave a brief presentation on the upgrade of radio equipment for the Sheriff’s department. He stated that the cost to upgrade and finish moving the E-911 Center would cost approximately $550,000. He added that they were on a strict timeline with the quotes for the upgrade and the Board needed to act as soon as possible.

The Chairperson appointed Steve Breeding and Tim Lovelace to a committee to study the radio equipment upgrade and the E-911 Center relocation expenses.

APPROVAL TO UPGRADE RADIO EQUIPMENT AND MOVE THE E-911 CENTER

Motion made by Steve Breeding, second Lou Wallace and duly approved by the Board of Supervisors to approve the necessary expenditures contemplated on the Motorola Contract requested by the Sheriff’s Office to ensure trade in value price deductions and other necessary expenditures deemed appropriate by the committee.

The vote was: Aye: Steve Breeding, Lou Wallace, Carl Rhea, Tim Lovelace, David Eaton, Rebecca Dye and Harry Ferguson Nay: None

Board Appointments

TONY DODI RE-APPOINTED TO THE RUSSELL COUNTY IDA

Steve Breeding nominated Tony Dodi. Hearing no other nominations Tony Dodi was re-appointed by acclamation to the Russell County Industrial Development Authority for a (4) four-year term, said term ending December 31, 2023.

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Harry Ferguson Nay: None

DONNIE CHRISTIAN APPOINTED TO THE RUSSELL COUNTY IDA

Aye: Steve Breeding, Lou Wallace, Tim Lovelace, Carl Rhea, David Eaton, Rebecca Dye and Harry Ferguson Nay: None

APPROVAL TO RETURN TO THE MEETING

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to return to the meeting,

The vote was: Aye: Steve Breeding, Lou Wallace, Tim Lovelace, Carl Rhea, David Eaton, Rebecca Dye and Harry Ferguson

Nay: None

Presentations continued:

William Puckett, RCSD gave a brief presentation on the upgrade of radio equipment for the Sheriff’s department. He stated that the cost to upgrade and finish moving the E-911 Center would cost approximately $550,000. He added that they were on a strict timeline with the quotes for the upgrade and the Board needed to act as soon as possible.

The Chairperson appointed Steve Breeding and Tim Lovelace to a committee to study the radio ‘equipment upgrade and the E-911 Center relocation expenses.

APPROVAL TO UPGRADE RADIO EQUIPMENT AND MOVE THE £-911 CENTER

Motion made by Steve Breeding, second Lou Wallace and duly approved by the Board of Supervisors to approve the necessary expenditures contemplated on the Motorola Contract requested by the Sheriff’s Office to ensure trade in value price deductions and other necessary expenditures deemed appropriate by the committee.

The vote was:

‘Aye: Steve Breeding, Lou Wallace, Carl Rhea, Tim Lovelace, David Eaton, Rebecca Dye and Harry Ferguson

Nay: None

Board Appointments

‘TONY DOD! RE-APPOINTED TO THE RUSSELL COUNTY IDA

Steve Breeding nominated Tony Dodi. Hearing no other nominations Tony Dodi was re-appointed by acclamation to the Russell County Industrial Development Authority for a (4) four-year term, said term ending December 31, 2023.

The vote was: ‘Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Harry Ferguson Nay: None

DONNIE CHRISTIAN APPOINTED TO THE RUSSELL COUNTY IDA

Tim Lovelace nominated Donnie Christian. Hearing no other nominations Donnie Christian was appointed by acclamation to the Russell County Industrial Development Authority for a (4) four-year term, said term ending December 31, 2023.

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Harry Ferguson Nay: None

RICHARD LOCKRIDGE RE-APPOINTED TO THE RUSSELL COUNTY IDA

David Eaton nominated Richard Lockridge. Hearing no other nominations Richard Lockridge was re- appointed by acclamation to the Russell County Industrial Development Authority for a (4) four-year term, said term ending December 31, 2023.

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Harry Ferguson Nay: None

DONNIE RAMEY RE-APPOINTED TO THE CMCSB

Steve Breeding nominated Donnie Ramey. Hearing no other nominations Donnie Ramey was re- appointed by acclamation to the Cumberland Mountain Community Services Board for a (4) four-year term, said term ending December 31, 2023.

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Harry Ferguson Nay: None

LINDA CROSS RE-APPOINTED TO THE HIGHWAY AND SAFETY COMMITTEE

Tim Lovelace nominated Linda Cross. Hearing no other nominations Linda Cross was re-appointed by acclamation to the Russell County Highway Safety Committee for a (2) two-year term, said term ending December 31, 2021.

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Harry Ferguson Nay: None

MAXIE SKEEN RE-APPOINTED TO THE SOUTHWEST VA. EMS COUNCIL

Carl Rhea nominated Maxie Skeen. Hearing no other nominations Maxie Skeen was re-appointed by acclamation to the Southwest Va. EMS Council for a (4) four-year term, said term ending December 31, 2023.

The vote was:

Tim Lovelace nominated Donnie Christian. Hearing no other nominations Donnie Christian was appointed by acclamation to the Russell County Industrial Development Authority for a (4) four-year term, said term ending December 31, 2023.

The vote was:

‘Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Harty Ferguson

Nay: None

RICHARD LOCKRIDGE RE-APPOINTED TO THE RUSSELL COUNTY IDA

David Eaton nominated Richard Lockridge. Hearing no other nominations Richard Lockridge was re- appointed by acclamation to the Russell County Industrial Development Authority for a (4) four-year term, said term ending December 31, 2023.

The vote was: ‘Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Harry Ferguson Nay: None DONNIE RAMEY RE-APPOINTED TO THE CMCSB

Steve Breeding nominated Donnie Ramey. Hearing no other nominations Donnie Ramey was re- appointed by acclamation to the Cumberland Mountain Community Services Board for a (4) four-year term, said term ending December 31, 2023.

The vote was:

‘Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Harry Ferguson

Nay: None

LINDA CROSS RE-APPOINTED TO THE HIGHWAY AND SAFETY COMMITTEE

Tim Lovelace nominated Linda Cross. Hearing no other nominations Linda Cross was re-appointed by acclamation to the Russell County Highway Safety Committee for a (2) two-year term, said term ending December 31, 2021.

The vote was: ‘Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Harry Ferguson Nay: None MAXIE SKEEN RE-APPOINTED TO THE SOUTHWEST VA. EMS COUNCIL

Carl Rhea nominated Maxie Skeen. Hearing no other nominations Maxie Skeen was re-appointed by acclamation to the Southwest Va. EMS Council for a (4) four-year term, said term ending December 31, 2023.

The vote was:

Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Harry Ferguson Nay: None

APPROVAL TO TABLE THE HOA APPOINTMENTS

Motion made by Lou Wallace, second Steve Breeding and duly approved by the Board of Supervisors to table the HOA appointments until the January 2020 meeting.

The vote was: Aye: Lou Wallace, Steve Breeding, Tim Lovelace, David Eaton, Carl Rhea, Harry Ferguson and Rebecca Dye Nay: None

APPROVAL TO TABLE THE DSS BOARD APPOINTMENTS

Motion made by Steve Breeding, second Carl Rhea and duly approved by the Board of Supervisors to table the Department of Social Services Board Appointments until the January 2020 meeting.

The vote was: Aye: Steve Breeding, Carl Rhea, David Eaton, Tim Lovelace, Lou Wallace, Rebecca Dye and Harry Ferguson Nay: None

APPROVAL OF THE NOVEMBER 04, 2019 MINUTES

Motion made by Tim Lovelace, second Steve Breeding and duly approved by the Board of Supervisors to approve the November 04, 2019 minutes and dispense with the reading thereof.

The vote was: Aye: Tim Lovelace, Steve Breeding, Lou Wallace, Carl Rhea, David Eaton, Rebecca Dye and Harry Ferguson Nay: None

APPROVAL OF GENERAL COUNTY INVOICES

Motion made by Steve Breeding, second Harry Ferguson and duly approved by the Board of Supervisors to approve general county invoices in the amount of $504,980.42, including withholdings and reoccurring.

The vote was: Aye: Steve Breeding, Harry Ferguson, Tim Lovelace, Lou Wallace, Carl Rhea, David Eaton and Rebecca Dye Nay: None

Citizens Comment

The Chair opened Citizens Comment period.

Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Harry Ferguson Nay: None

APPROVAL TO TABLE THE HOA APPOINTMENTS

Motion made by Lou Wallace, second Steve Breeding and duly approved by the Board of Supervisors to table the HOA appointments until the January 2020 meeting.

The vote was: ‘Aye: Lou Wallace, Steve Breeding, Tim Lovelace, David Eaton, Carl Rhea, Harry Ferguson and Rebecca Dye Nay: None

APPROVAL TO TABLE THE DSS BOARD APPOINTMENTS

Motion made by Steve Breeding, second Carl Rhea and duly approved by the Board of Supervisors to table the Department of Social Services Board Appointments until the January 2020 meeting.

The vote was:

‘Aye: Steve Breeding, Carl Rhea, David Eaton, Tim Lovelace, Lou Wallace, Rebecca Dye and Harry Ferguson

Nay: None

APPROVAL OF THE NOVEMBER 04, 2019 MINUTES

Motion made by Tim Lovelace, second Steve Breeding and duly approved by the Board of Supervisors to approve the November 04, 2019 minutes and dispense with the reading thereof.

The vote was: Aye: Tim Lovelace, Steve Breeding, Lou Wallace, Carl Rhea, David Eaton, Rebecca Dye and Harry Ferguson

Nay: None

APPROVAL OF GENERAL COUNTY INVOICES

Motion made by Steve Breeding, second Harry Ferguson and duly approved by the Board of Supervisors to approve general county invoices in the amount of $504,980.42, including withholdings and

reoccurring.

The vote was: ‘Aye: Steve Breeding, Harry Ferguson, Tim Lovelace, Lou Wallace, Carl Rhea, David Eaton and Rebecca Dye

Nay: None

Citizens Comment

The Chair opened Citizens Comment period.

Eric Deskins, Lebanon commented that there has been some misinformation concerning the Second Amendment Resolution. He was interested in what the legal ramifications may be.

Nate Kiser, Russell County Republican Party Chair stated that the Second Amendment Sanctuary Resolution really has no legal standing. He encouraged everyone to register to vote, he also commented that this was only the beginning of the fight. He thanked the Board for their support.

Jim Lyttle, Chair of the Tourism Advisory Committee stated that he is very troubled by the tabling of the HOA appointments.

The Chairperson closed Citizens Comment period.

County Administrator Reports and Requests

APPROVAL OF THE NOVEMBER 03, 2019 ABSTRACT OF VOTES

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to approve the November 03, 2019 abstract of votes from the general election.

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Harry Ferguson Nay: None

APPROVAL TO ACCEPT THE RESIGNATION OF HARRY FERGUSON FROM THE SERVICE CONTRACT COMMITTEE

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to accept the resignation of Harry Ferguson from the service contract committee.

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Harry Ferguson Nay: None

The Chairperson appointed Steve Breeding and Rebecca Dye to the Service Contract Committee.

AUTHORIZATION OF AN RFP FOR ARCHITECTURAL/ENGINEERING SERVICES FOR THE DANTE DEPOT RENOVATION

Motion made by Lou Wallace, second Steve Breeding and duly approved by the Board of Supervisors to authorize an RFP for Architectural/Engineering Services for the Dante Depot Renovation.

The vote was: Aye: Lou Wallace, Steve Breeding, Tim Lovelace, David Eaton, Carl Rhea, Harry Ferguson and Rebecca Dye Nay: None

Eric Deskins, Lebanon commented that there has been some misinformation concerning the Second Amendment Resolution. He was interested in what the legal ramifications may be.

Nate Kiser, Russell County Republican Party Chair stated that the Second Amendment Sanctuary Resolution really has no legal standing. He encouraged everyone to register to vote, he also commented that this was only the beginning of the fight. He thanked the Board for their support.

Jim Lyttle, Chair of the Tourism Advisory Committee stated that he is very troubled by the tabling of the HOA appointments.

The Chairperson closed Citizens Comment period.

County Administrator Reports and Requests APPROVAL OF THE NOVEMBER 03, 2019 ABSTRACT OF VOTES

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to approve the November 03, 2019 abstract of votes from the general election.

The vote was:

‘Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Harry Ferguson

Nay: None

APPROVAL TO ACCEPT THE RESIGNATION OF HARRY FERGUSON FROM THE SERVICE CONTRACT COMMITTEE

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to accept the resignation of Harry Ferguson from the service contract committee.

The vote was:

‘Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Harry Ferguson

Nay: None

The Chairperson appointed Steve Breeding and Rebecca Dye to the Service Contract Committee.

AUTHORIZATION OF AN RFP FOR ARCHITECTURAL/ENGINEERING SERVICES FOR THE DANTE DEPOT RENOVATION

Motion made by Lou Wallace, second Steve Breeding and duly approved by the Board of Supervisors to authorize an RFP for Architectural/Engineering Services for the Dante Depot Renovation.

The vote was:

‘Aye: Lou Wallace, Steve Breeding, Tim Lovelace, David Eaton, Carl Rhea, Harry Ferguson and Rebecca Dye

Nay: None

APPROVAL OF VDOT RTE. 681 NOTICE OF INTENT

Motion made by Lou Wallace, second Steve Breeding and duly approved by the Board of Supervisors to approve a VDOT Rte. 681 Notice of Intent to discontinue from the Secondary System of State Highways.

The vote was: Aye: Lou Wallace, Steve Breeding, Tim Lovelace, David Eaton, Carl Rhea, Harry Ferguson and Rebecca Dye Nay: None

APPROVAL OF A DCJS VIOLENCE AGAINST WOMEN ACT GRANT IN AMOUNT OF $57,028

Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to approve a Violence Against Women Act from the Department of Criminal Justice Services in the amount of $57,028.00

The vote was: Aye: David Eaton, Carl Rhea, Tim Lovelace, Lou Wallace, Steve Breeding, Rebecca Dye and Harry Ferguson Nay: None

APPROVAL OF A VIRGINIA DEPARTMENT OF HEALTH LOCAL SERVICE AGREEMENT FOR FY 2020

Motion made by Lou Wallace, second Steve Breeding and duly approved by the Board of Supervisors to approve a Virginia Department of Health Local Service Agreement for FY 2020.

The vote was: Aye: Lou Wallace, Steve Breeding, Tim Lovelace, David Eaton, Carl Rhea, Harry Ferguson and Rebecca Dye Nay: None

APPROVAL OF A CPRWMA REQUEST FOR A LOVE WORK APPLICATION LETTER OF SUPPORT

Motion made by Steve Breeding, second Lou Wallace and duly approved by the Board of Supervisors to approve a Cumberland Plateau Regional Waste Management Authority request for a letter of support for a LOVE work application program.

The vote was: Aye: Lou Wallace, Steve Breeding, Tim Lovelace, David Eaton, Carl Rhea, Harry Ferguson and Rebecca Dye Nay: None

COUNTY PAYROLL DATE SET FOR DECEMBER 20, 2019

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to set the payroll date for County employees on December 20, 2019 due to the Christmas holiday.

APPROVAL OF VDOT RTE. 681 NOTICE OF INTENT

Motion made by Lou Wallace, second Steve Breeding and duly approved by the Board of Supervisors to approve a VDOT Rte. 681 Notice of Intent to discontinue from the Secondary System of State Highways.

The vote was: ‘Aye: Lou Wallace, Steve Breeding, Tim Lovelace, David Eaton, Carl Rhea, Harry Ferguson and Rebecca Dye

Nay: None

APPROVAL OF A DCIS VIOLENCE AGAINST WOMEN ACT GRANT IN AMOUNT OF $57,028

Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to approve a Violence Against Women Act from the Department of Criminal Justice Services in the amount of $57,028.00

The vote was: ‘Aye: David Eaton, Carl Rhea, Tim Lovelace, Lou Wallace, Steve Breeding, Rebecca Dye and Harry Ferguson

Nay: None

APPROVAL OF A VIRGINIA DEPARTMENT OF HEALTH LOCAL SERVICE AGREEMENT FOR FY 2020

Motion made by Lou Wallace, second Steve Breeding and duly approved by the Board of Supervisors to approve a Virginia Department of Health Local Service Agreement for FY 2020.

The vote was: Aye: Lou Wallace, Steve Breeding, Tim Lovelace, David Eaton, Carl Rhea, Harry Ferguson and Rebecca Dye

Nay: None

APPROVAL OF A CPRWMA REQUEST FOR A LOVE WORK APPLICATION LETTER OF SUPPORT

Motion made by Steve Breeding, second Lou Wallace and duly approved by the Board of Supervisors to approve a Cumberland Plateau Regional Waste Management Authority request for a letter of support for a LOVE work application program

The vote was: ‘Aye: Lou Wallace, Steve Breeding, Tim Lovelace, David Eaton, Carl Rhea, Harry Ferguson and Rebecca Dye Nay: None COUNTY PAYROLL DATE SET FOR DECEMBER 20, 2019

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to set the payroll date for County employees on December 20, 2019 due to the Christmas h

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Harry Ferguson Nay: None

APPROVAL OF $20.00 GIFT CERTIFICATES FOR COUNTY EMPLOYEES

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve $20.00 gift certificates for County employees.

The vote was: Aye: David Eaton, Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, Harry Ferguson and Rebecca Dye Nay: None

APPROVAL OF A PLAT FOR DAVID KINDER

Motion made by Harry Ferguson, second David Eaton and duly approved by the Board of Supervisors to approve a plat for David Kinder as requested by the Russell County Planning Commission.

The vote was: Aye: Harry Ferguson, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Steve Breeding and Rebecca Dye Nay: None

APPROVAL OF AN INVOICE FOR $1822.61

Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to approve an invoice in the amount of $1822.61 to be paid from the Sheriff’s Department Virginia State Compensation Board funds.

The vote was: Aye: David Eaton, Carl Rhea, Steve Breeding, Lou Wallace, Tim Lovelace, Rebecca Dye and Harry Ferguson Nay: None

APPROVAL OF AN INVOICE FOR $1041.90

Motion made by David Eaton, second Lou Wallace and duly approved by the Board of Supervisors to approve an invoice in the amount of $1041.90 to be paid from the Sheriff’s Department Virginia State Compensation Board funds.

The vote was: Aye: David Eaton, Lou Wallace, Tim Lovelace, Carl Rhea, Steve Breeding, Rebecca Dye and Harry Ferguson Nay: None

APPROVAL OF AN INVOICE FOR $29.48

The vote was: ‘Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Harry Ferguson Nay: None APPROVAL OF $20.00 GIFT CERTIFICATES FOR COUNTY EMPLOYEES

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve $20.00 gift certificates for County employees.

The vote was: ‘Aye: David Eaton, Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, Harry Ferguson and Rebecca Dye Nay: None APPROVAL OF A PLAT FOR DAVID KINDER

Motion made by Harry Ferguson, second David Eaton and duly approved by the Board of Supervisors to approve a plat for David Kinder as requested by the Russell County Planning Commission.

The vote was:

‘Aye: Harry Ferguson, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Steve Breeding and Rebecca Dye

Nay: None

APPROVAL OF AN INVOICE FOR $1822.61

Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to approve an invoice in the amount of $1822.61 to be paid from the Sheriff’s Department Virginia State Compensation Board funds.

The vote was: ‘Aye: David Eaton, Carl Rhea, Steve Breeding, Lou Wallace, Tim Lovelace, Rebecca Dye and Harry Ferguson Nay: None ‘APPROVAL OF AN INVOICE FOR $1041.90

Motion made by David Eaton, second Lou Wallace and duly approved by the Board of Supervisors to approve an invoice in the amount of $1041.90 to be paid from the Sheriff’s Department Virginia State Compensation Board funds.

The vote was: ‘Aye: David Eaton, Lou Wallace, Tim Lovelace, Carl Rhea, Steve Breeding, Rebecca Dye and Harry Ferguson Nay: None APPROVAL OF AN INVOICE FOR $29.48

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve an invoice in the amount of $29.48 to be paid from the Sheriff’s Department Virginia State Compensation Board funds.

The vote was: Aye: David Eaton, Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, Steve Breeding and Rebecca Dye Nay: None

AUTHORIZATION OF A LETTER TO VDOT REQUESTING THAT FUNDING NOT BE REDUCED

Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to authorize a letter to be sent to VDOT asking that funding not be reduced.

The vote was: Aye: David Eaton, Carl Rhea, Tim Lovelace, Lou Wallace, Rebecca Dye, Harry Ferguson and Steve Breeding Nay: None

APPROVAL TO ADJOURN TO RECONVENE ON TUESDAY, DECEMBER 17, 2019 AT 5:00 PM

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to adjourn to reconvene on Tuesday, December 17, 2019 at 5:00 pm.

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Harry Ferguson Nay: None


Clerk of the Board Chairperson

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve an invoice in the amount of $29.48 to be paid from the Sheriff’s Department Virginia State Compensation Board funds.

The vote was: ‘Aye: David Eaton, Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, Steve Breeding and Rebecca Dye

Nay: None

AUTHORIZATION OF A LETTER TO VDOT REQUESTING THAT FUNDING NOT BE REDUCED.

Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to authorize a letter to be sent to VDOT asking that funding not be reduced.

The vote was:

‘Aye: David Eaton, Carl Rhea, Tim Lovelace, Lou Wallace, Rebecca Dye, Harry Ferguson and Steve Breeding

Nay: None

APPROVAL TO ADJOURN TO RECONVENE ON TUESDAY, DECEMBER 17, 2019 AT

:00 PM

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to adjourn to reconvene on Tuesday, December 17, 2019 at 5:00 pm.

The vote was: ‘Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Harry Ferguson

Nay: None

Clerk of the Board Chairperson

December 17, 2019

A reconvened meeting of the Russell County Board of Supervisors was held on Tuesday, December 17, 2019 beginning with an Executive (closed) Session at 5:00 pm followed by the regular meeting at 6:00 pm at the Russell County Government Center in Lebanon, Virginia.

The Clerk called the meeting to order.

Roll Call by the Clerk:

Present: Tim Lovelace Lou Wallace Carl Rhea David Eaton Steve Breeding Rebecca Dye Harry Ferguson

Lonzo Lester, Clerk Vicki Porter, Deputy Clerk Katie Patton, County Attorney

Absent: None

EXECUTIVE (CLOSED) SESSION

Motion made by Harry Ferguson, second Steve Breeding and duly approved by the Board of Supervisors to enter into Executive (closed) Session to discuss legal matters pursuant to Section 2.23711 (A) (1), (3), (5), (7) and (8).

The vote was: Aye: Harry Ferguson, Steve Breeding, Tim Lovelace, Lou Wallace, David Eaton, Carl Rhea and Rebecca Dye Nay: None

APPROVAL TO RETURN TO REGULAR SESSION

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to return to regular session.

The vote was: Aye: David Eaton, Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Harry Ferguson Nay: None

December 17, 2019

Areconvened meeting of the Russell County Board of Supervisors was held on Tuesday, December 17, 2019 beginning with an Executive (closed) Session at 5:00 pm followed by the regular meeting at 6:00 pm at the Russell County Government Center in Lebanon, Virginia.

The Clerk called the me

gto order. Roll Call by the Clerk:

Present: Tim Lovelace Lou Wallace Carl Rhea David Eaton Steve Breeding Rebecca Dye Harry Ferguson

Lonzo Lester, Clerk Vicki Porter, Deputy Clerk Katie Patton, County Attorney

Absent: None

EXECUTIVE (CLOSED) SESSION

Motion made by Harry Ferguson, second Steve Breeding and duly approved by the Board of Supervisors to enter into Executive (closed) Session to discuss legal matters pursuant to Section 2.23711 (A) (1), (3), (5), (7) and (8).

The vote was: ‘Aye: Harry Ferguson, Steve Breeding, Tim Lovelace, Lou Wallace, David Eaton, Carl Rhea and Rebecca Dye Nay: None APPROVAL TO RETURN TO REGULAR SESSION

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to return to regular session.

The vote was:

‘Aye: David Eaton, Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Harry Ferguson

Nay: None

CERTIFICATION OF EXECUTIVE (CLOSED) SESSION

Pursuant to § 2.2-3712(D) of the Code of Virginia 1950, as amended each member of the Board of Supervisors upon the Roll Call certifies that to the best of their knowledge (I) only public business matters lawfully exempted from the open meeting requirements under the Virginia Freedom of Information Act and (ii) only such public business matters that were identified in the motion(s) by which the closed meeting was convened were heard, discussed or considered in the meeting by the Board of Supervisors.

Any member of the Board of Supervisors who believes that there was a departure from the requirements of clauses (I) and (ii) above shall so state prior to the vote, indicating the substance of the departure that, in his or her judgment, has taken place.

Are there any who believe a departure has taken place? Seeing none, if you agree that the matters heard, discussed or considered during the closed meeting were pursuant only to the motion(s) by which the closed meeting was convened, please signify by saying aye or yes.

Tim Lovelace – AYE Lou Wallace – AYE Carl Rhea – AYE David Eaton – AYE Rebecca Dye - AYE Steve Breeding – AYE Harry Ferguson – AYE

Invocation by Rebecca Dye, Chairperson, followed by the Pledge of Allegiance to the Flag.

APPROVAL OF THE AGENDA

Motion made by Carl Rhea, second Lou Wallace and duly approved by the Board of Supervisors to approve the agenda as amended.

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Harry Ferguson and Rebecca Dye Nay: None

PUBLIC HEARING HELD ON THE TRANSFER OF ASSETS OF THE CWSA TO THE RC PSA

Pursuant to being advertised in a local newspaper for two (2) consecutive weeks a public hearing was held on the transfer of assets of the Castlewood Water and Sewage Authority to The Russell County Public Service Authority.

The County Attorney opened the public hearing to comments. Hearing none, the public hearing was closed.

CERTIFICATION OF EXECUTIVE (CLOSED) SESSION

Pursuant to § 2.2-3712(D) of the Code of Virginia 1950, as amended each member of the Board of ‘Supervisors upon the Roll Call certifies that to the best of their knowledge (|) only public business matters lawfully exempted from the open meeting requirements under the Virginia Freedom of Information Act and (ii) only such public business matters that were identified in the motion(s) by which the closed meeting was convened were heard, discussed or considered in the meeting by the Board of Supervisors.

Any member of the Board of Supervisors who believes that there was a departure from the requirements of clauses (I) and (i) above shall so state prior to the vote, indicating the substance of the departure that, in his or her judgment, has taken place.

‘Are there any who believe a departure has taken place? Seeing none, if you agree that the matters heard, discussed or considered during the closed meeting were pursuant only to the motion(s) by which the closed meeting was convened, please signify by saying aye or yes.

Tim Lovelace ~ AYE Lou Wallace ~ AYE Carl Rhea — AYE David Eaton — AYE Rebecca Dye - AYE Steve Breeding - AYE Harry Ferguson — AYE

Invocation by Rebecca Dye, Chairperson, followed by the Pledge of Allegiance to the Flag. APPROVAL OF THE AGENDA

Motion made by Carl Rhea, second Lou Wallace and duly approved by the Board of Supervisors to approve the agenda as amended.

The vote was:

‘Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Harry Ferguson and Rebecca Dye

Nay: None

PUBLIC HEARING HELD ON THE TRANSFER OF ASSETS OF THE CWSA TO THE RC PSA

Pursuant to being advertised in a local newspaper for two (2) consecutive weeks a public hearing was held on the transfer of assets of the Castlewood Water and Sewage Authority to The Russell County Public Service Authority.

The County Attorney opened the public hearing to comments. Hearing none, the public hearing was closed.

APPROVAL OF TRANSFER OF ASSETS OF THE CWSA TO THE RUSSELL COUNTY PSA

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to approve a Resolution to dissolve the Castlewood Water and Sewage Authority upon the closing of
Transfer of Assets of the Castlewood Water and Sewage Authority to The Russell County Public Service Authority.

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Harry Ferguson and Rebecca Dye Nay: None

APPROVAL OF A COMPREHENSIVE TRANSFER AGREEMENT WITH THE RUSSELL COUNTY PSA

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to authorize a Comprehensive Transfer Agreement with The Russell County Public Service Authority subject to approval of legal counsel, closing of real property, and any additions or amendments by Virginia Resource Authority or Rural Development.

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Harry Ferguson and Rebecca Dye Nay: None

APPROVAL OF AN AGREEMENT FOR JOINT OPERATION AND MANAGEMENT OF THE DANTE SEWER PLANT

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to enter into an agreement with The Russell County Public Service Authority for joint operation and management of the Dante Sewer Plant upon advice of legal counsel.

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Harry Ferguson and Rebecca Dye Nay: None

LAST DAY OF OPERATION FOR THE CANNERIES SET FOR JANUARY 16, 2020

Motion made by Carl Rhea, second David Eaton and duly approved by the Board of Supervisors to set the last day of operation and a closing date of January 16, 2020 for the Castlewood and Honaker Canneries.

The vote was: Aye: Carl Rhea, David Eaton, Tim Lovelace, Lou Wallace, Steve Breeding, Rebecca Dye and Harry Ferguson Nay: None

APPROVAL OF TRANSFER OF ASSETS OF THE CWSA TO THE RUSSELL COUNTY PSA

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to approve a Resolution to dissolve the Castlewood Water and Sewage Authority upon the closing of Transfer of Assets of the Castlewood Water and Sewage Authority to The Russell County Public Service

Authority.

The vote was:

‘Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Harry Ferguson and Rebecca Dye

Nay: None

APPROVAL OF A COMPREHENSIVE TRANSFER AGREEMENT WITH THE RUSSELL COUNTY PSA

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to authorize a Comprehensive Transfer Agreement with The Russell County Public Service Authority subject to approval of legal counsel, closing of real property, and any additions or amendments by Virginia Resource Authority or Rural Development.

The vote was:

‘Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Harry Ferguson and Rebecca Dye

Nay: None

APPROVAL OF AN AGREEMENT FOR JOINT OPERATION AND MANAGEMENT OF THE DANTE SEWER PLANT

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to enter into an agreement with The Russell County Public Service Authority for joint operation and management of the Dante Sewer Plant upon advice of legal counsel.

The vote was:

‘Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Harry Ferguson and Rebecca Dye

Nay: None

LAST DAY OF OPERATION FOR THE CANNERIES SET FOR JANUARY 16, 2020

Motion made by Carl Rhea, second David Eaton and duly approved by the Board of Supervisors to set the last day of operation and a closing date of January 16, 2020 for the Castlewood and Honaker Canneries.

The vote was: ‘Aye: Carl Rhea, David Eaton, Tim Lovelace, Lou Wallace, Steve Breeding, Rebecca Dye and Harty Ferguson

Nay: None

APPROVAL OF ADDITIONAL COUNTY HOLIDAYS

Motion made by David Eaton, second Lou Wallace and duly approved by the Board of Supervisors to authorize December 26 and December 31, 2019 as additional holidays for County employees.

The vote was: Aye: David Eaton, Lou Wallace, Carl Rhea, Tim Lovelace, Rebecca Dye, Harry Ferguson and Steve Breeding Nay: None

PRE-APPROVAL OF GENERAL COUNTY INVOICES

Motion made by Steve Breeding, second Lou Wallace and duly approved by the Board of Supervisors to pre-approve the January 2020 general county invoices.

The vote was: Aye: Steve Breeding, Lou Wallace, Carl Rhea, David Eaton, Steve Breeding, Tim Lovelace and Harry Ferguson Nay: None

APPROVAL TO MOVE THE JANUARY 06, 2020 BOS MEETING TO JANUARY 13, 2020

Motion made by David Eaton, second Lou Wallace and duly approved by the Board of Supervisors to move the January 06, 2020 Board of Supervisors meeting to January 13, 2020.

The vote was: Aye: David Eaton, Lou Wallace, Tim Lovelace, Carl Rhea, Steve Breeding, Rebecca Dye and Harry Ferguson Nay: None

REBECCA DYE RE-APPOINTED TO THE RUSSELL COUNTY DEPARTMENT OF SOCIAL SERVICES BOARD

Motion made by David Eaton, second Harry Ferguson and duly approved by the Board of Supervisors to re-appoint Rebecca Dye to the Russell County Department of Social Services Board for a (4) four-year term, said term December 31, 2023.

The vote was: Aye: David Eaton, Harry Ferguson, Tim Lovelace, Lou Wallace, Carl Rhea, Steve Breeding and Rebecca Dye Nay: None

DONNIE RAMEY APPOINTED TO THE RUSSELL COUNTY DEPARTMENT OF SOCIAL SERVICES BOARD

Steve Breeding nominated David Eaton Tim Lovelace nominated Donnie Ramey

Donnie Ramey – (4) four votes: Tim Lovelace, Lou Wallace, Rebecca Dye and Harry Ferguson David Eaton – (3) votes: Steve Breeding, David Eaton and Carl Rhea

APPROVAL OF ADDITIONAL COUNTY HOLIDAYS

Motion made by David Eaton, second Lou Wallace and duly approved by the Board of Supervisors to authorize December 26 and December 31, 2019 as additional holidays for County employees.

The vote was:

‘Aye: David Eaton, Lou Wallace, Carl Rhea, Tim Lovelace, Rebecca Dye, Harry Ferguson and Steve Breeding

Nay: None

PRE-APPROVAL OF GENERAL COUNTY INVOICES

Motion made by Steve Breeding, second Lou Wallace and duly approved by the Board of Supervisors to pre-approve the January 2020 general county invoices.

The vote was: ‘Aye: Steve Breeding, Lou Wallace, Carl Rhea, David Eaton, Steve Breeding, Tim Lovelace and Harry Ferguson

Nay: None

APPROVAL TO MOVE THE JANUARY 06, 2020 BOS MEETING TO JANUARY 13, 2020

Motion made by David Eaton, second Lou Wallace and duly approved by the Board of Supervisors to move the January 06, 2020 Board of Supervisors meeting to January 13, 2020.

The vote was: ‘Aye: David Eaton, Lou Wallace, Tim Lovelace, Carl Rhea, Steve Breeding, Rebecca Dye and Harty Ferguson

Nay: None

REBECCA DYE RE-APPOINTED TO THE RUSSELL COUNTY DEPARTMENT OF SOCIAL SERVICES BOARD,

Motion made by David Eaton, second Harry Ferguson and duly approved by the Board of Supervisors to re-appoint Rebecca Dye to the Russell County Department of Social Services Board for a (4) four-year term, said term December 31, 2023.

The vote was:

‘Aye: David Eaton, Harry Ferguson, Tim Lovelace, Lou Wallace, Carl Rhea, Steve Breeding and Rebecca Dye

Nay: None

DONNIE RAMEY APPOINTED TO THE RUSSELL COUNTY DEPARTMENT OF SOCIAL SERVICES BOARD

Steve Breeding nominated David Eaton Tim Lovelace nominated Donnie Ramey

Donnie Ramey - (4) four votes: Tim Lovelace, Lou Wallace, Rebecca Dye and Harry Ferguson David Eaton — (3) votes: Steve Breeding, David Eaton and Carl Rhea

Donnie Ramey was appointed to the Russell County Department of Social Services Board to fill the unexpired term of Laurel Rasnic, said term ending June 30, 2022.

ANGIE CARPENTER APPOINTED TO THE HOA

Steve Breeding nominated Angie Carpenter Carl Rhea nominated Alice Meade

Angie Carpenter – (4) four votes: Steve Breeding, David Eaton, Lou Wallace and Tim Lovelace Alice Meade – (3) three votes: Carl Rhea, Harry Ferguson and Rebecca Dye

Angie Carpenter was appointed to the Heart of Appalachia Board to fill the unexpired term of Betsy Gilmer, said term ending September 10, 2020.

The Chair appointed a committee consisting of Rebecca Dye and Lou Wallace to study job description, salary, etc. for a Tourism Coordinator.

APPROVAL OF ADJOURN

Motion made by Carl Rhea, second David Eaton and duly approved by the Board of Supervisors to adjourn.

The vote was: Aye: Carl Rhea, David Eaton, Lou Wallace, Tim Lovelace, Steve Breeding, Rebecca Dye and Harry Ferguson Nay: None


Clerk of the Board Chairperson

Donnie Ramey was appointed to the Russell County Department of Social Services Board to fill the unexpired term of Laurel Rasnic, said term ending June 30, 2022.

ANGIE CARPENTER APPOINTED TO THE HOA

Steve Breeding nominated Angie Carpenter Carl Rhea nominated Alice Meade

Angie Carpenter - (4) four votes: Steve Breeding, David Eaton, Lou Wallace and Tim Lovelace ‘Alice Meade - (3) three votes: Carl Rhea, Harry Ferguson and Rebecca Dye

Angie Carpenter was appointed to the Heart of Appalachia Board to fill the unexpired term of Betsy Gilmer, said term ending September 10, 2020.

‘The Chair appointed a committee con: salary, ete. for a Tourism Coordinator.

ig of Rebecca Dye and Lou Wallace to study job description,

APPROVAL OF ADJOURN

Motion made by Carl Rhea, second David Eaton and duly approved by the Board of Supervisors to adjourn,

The vote was:

‘Aye: Carl Rhea, David Eaton, Lou Wallace, Tim Lovelace, Steve Breeding, Rebecca Dye and Harry Ferguson

Nay: None

Clerk of the Board Chairperson

                                                  Board of Supervisors                         Action Item B-2 

137 Highland Drive Presenter: Chairperson Lebanon, VA 24266

Meeting: 1/13/20 6:00 PM

Russell County Government Center

137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011 www.russellcountyva.us

Approval of Expenditures

Request approval of the County’s December 2019 Monthly Expenditures:

STAFF RECOMMENDATION(s):
County’s December 2019 Monthly Expenditures are in compliance with budget and operational

services.

SUGGESTED MOTION(s): Motion to approve County’s December 2019 Monthly Expenditures.

ATTACHMENTS:

• December 2019 Monthly Expenditures

Board of Supervisors Action Item B-2 137 Highland Drive Presenter: Chairperson Lebanon, VA 24266

Meeting: 1/13/20 6:00 PM

Approval of Expenditures

Request approval of the County’s December 2019 Monthly Expenditures:

STAFF RECOMMENDATION(s): County’s December 2019 Monthly Expenditures are in compliance with budget and operational

services.

SUGGESTED MOTION(s): Motion to approve County’s December 2019 Monthly Expenditures.

ATTACHMENTS:

  • December 2019 Monthly Expenditures

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

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Board of Supervisors Action Item B-3

137 Highland Drive Presenter: Chairperson Lebanon, VA 24266

Meeting: 1/13/20 6:00 PM

Russell County Government Center

137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011 www.russellcountyva.us

Approval of Pre-Authorized Expenditures

Request authorization of the County’s Pre-Authorized Payment of Monthly Expenditures:

The list of general expenditures the Board approves annually to ensure the County complies with the Virginia Procurement Act which requires all expenditures to be within 30 days or within the terms of the contracts. The expenditures are monthly operational expenditures or approved contracts:

Reoccurring Monthly, Quarterly, Semi-Annual, and Annual Operational Expenditures
(i.e. Utilities, Credit Card Payments, Facility/Park/Vehicle Maintenance, Withholding payments (payroll), Debt service, and Contracts)

STAFF RECOMMENDATION(s):
Board Discretion.

SUGGESTED MOTION(s): Motion to authorize the County’s Pre-Authorized Payment of Monthly Expenditures.

ATTACHMENTS:

• None

Board of Supervisors Action Item B-3 137 Highland Drive Presenter: Chairperson Lebanon, VA 24266

Meeting: 1/13/20 6:00 PM

Approval of Pre-Authorized Expenditures

Request authorization of the County’s Pre-Authorized Payment of Monthly Expenditures:

The list of general expenditures the Board approves annually to ensure the County complies with the Virginia Procurement Act which requires all expenditures to be within 30 days or within the terms of the contracts. The expenditures are monthly operational expenditures or approved contracts:

Reoccurting Monthly, Quarterly, Semi-Annual, and Annual Operational Expenditures (Le. Utilities, Credit Card Payments, Facility/Park/Vehicle Maintenance, Withholding payments (payroll), Debt service, and Contracts)

STAFF RECOMMENDATION(s): Board Discretion.

SUGGESTED MOTION(s):

Motion to authorize the County’s Pre-Authorized Payment of Monthly Expenditures.

ATTACHMENTS:

  • None

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

Board of Supervisors Action Item 137 Highland Drive Presenter: Chairperson
Lebanon, VA 24266

Meeting: 1/13/20 6:00 PM

Russell County Government Center

137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011 www.russellcountyva.us

Board Appointments CUMBERLAND PLATEAU ECONOMIC DEVELOPMENT EXECUTIVE BOARD

Steve Breeding Concurrent with Term Lou Ann Wallace Concurrent with Term

CUMBERLAND PLATEAU ECONOMIC DEVELOPMENT COMMISSION

Carl Rhea Concurrent with Term Tim Lovelace Concurrent with Term

PLANNING COMMISSION

Harry Ferguson Concurrent with Term

EMERGENCY MANAGEMENT DIRECTOR & ASSISTANT DIRECTOR

Harry Ferguson Concurrent with Term Carl Rhea Concurrent with Term

BUDGET /FINANCE COMMITTEE

Harry Ferguson 1-Year Term Rebecca Dye 1-Year Term

REGIONAL JAIL BOARD

Harry Ferguson Concurrent with Term Tim Lovelace Concurrent with Term

CHIEF LOCAL ELECTED OFFICAL (CLEO) (Workforce Dev. Board)

Lou Ann Wallace Concurrent with Term

COMMUNITY POLICY MANAGEMENT TEAM (CPMT)

Rebecca Dye Concurrent with Term

FINNEY COMMUNITY CENTER

David Compton 2-Year Term Edward Tiller 2-Year Term

Board of Supervisors Action Item 187 Highland Drive Presenter: Chairperson Lebanon, VA 24266

Meeting: 1/13/20 6:00 PM

Board Appointments CUMBERLAND PLATEAU ECONOMIC DEVELOPMENT EXECUTIVE BOARD

Steve Breeding Concurrent with Term Lou Ann Wallace Concurrent with Term

CUMBERLAND PLATEAU ECONOMIC DEVELOPMENT COMMISSION

Carl Rhea Concurrent with Term Tim Lovelace Concurrent with Term

PLANNING COMMISSION Harry Ferguson Concurrent with Term

EMERGENCY MANAGEMENT DIRECTOR & AS:

STANT DIRECTOR

Harry Ferguson Concurrent with Term Carl Rhea Concurrent with Term

BUDGET /FINANCE COMMITTEE

Harry Ferguson 1-Year Term Rebecca Dye 4-Year Term

REGIONAL JAIL BOARD.

Harry Ferguson Concurrent with Term Tim Lovelace Concurrent with Term

CHIEF LOCAL ELECTED OFFICAL (CLEO) (Workforce Dev. Board)

Lou Ann Wallace Concurrent with Term

COMMUNITY POLICY MANAGEMENT TEAM (CPMT)

Rebecca Dye Concurrent with Term FINNEY COMMUNITY CENTER

David Compton 2-Year Term Edward Tiller 2-Year Term

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

From: Loretta Vance To: [email protected] Subject: FW: Online Form Submittal: Board and Committee Application Date: Wednesday, January 8, 2020 3:06:53 PM

From: [email protected] [email protected] Sent: Wednesday, January 08, 2020 2:15 PM To: [email protected]; [email protected] Subject: Online Form Submittal: Board and Committee Application

Board and Committee Application

Name Lou Wallace

Email Address [email protected]

Address 2752 Warren Drive

City St Paul

State Virginia

Zip Code 24283

Phone Number 276 254 3809

Fax Number N/A

Board/Committee on Which You Wish to Serve

Cumberland Plateau Executive Board CLEO Board - Workforce Development

Other Interests Non-Profit organizations

Education BS Professional Communication and Marketing (Old Dominion University) AS Business (Southwest Community College) Continuing Education - Real Estate (Mountain Empire Community College)

Job Experience Business Owner and Operator - Specialty Advertising, Design Printers in St. Paul Property Management - Contract Public Speaking

Civic or Service Volunteer for Dante Community Association Volunteer on Clinch River Valley Initiative (CRVI)

mailto:[email protected] mailto:[email protected] mailto:[email protected] From: ‘Loretta Vance

To: lonzo lester ot Subject: FW: Online Form Submittal: Board and Committee Application Date: Wednesday, January 8, 2020 9:06:53 PM

From: [email protected] [email protected] Sent: Wednesday, January 08, 2020 2:15 PM

To: [email protected]; [email protected] Subject: Online Form Submittal: Board and Committee Application

Board and Committee Application

Name Email Address Address

City

State

Zip Code Phone Number Fax Number

Board/Committee on Which You Wish to Serve

Other Interests

Education

Job Experience

Civic or Service

Lou Wallace ion_prin smail.com

2752 Warren Drive

St Paul

Virginia

24283,

276 254 3809

NIA

Cumberland Plateau Executive Board CLEO Board - Workforce Development

Non-Profit organizations.

BS Professional Communication and Marketing (Old Dominion University)

AS Business (Southwest Community College)

Continuing Education - Real Estate (Mountain Empire Community College)

Business Owner and Operator - Specialty Advertising, Design Printers in St. Paul

Property Management - Contract Public Speaking

Volunteer for Dante Community Association Volunteer on Clinch River Valley Initiative (CRVI)

Organization Experience Volunteer on Lyric Restoration Project

Are you currently a member of a Russell County Board or Committee?

Yes

If YES, please name: Cumberland Plateau Executive Board, CLEO Workforce Development Board

Have you previously served as a member of a Russell County Board or Committee?

Yes

If YES, please name: Cumberland Plateau PDC Executive Board; CLEO-Workforce Development Board; Experience Russell - Tourism; Russell County Library Trustee

Email not displaying correctly? View it in your browser.

http://www.russellcountyva.us/Admin/FormCenter/Submissions/Edit?id=78&categoryID=0&formID=46&displayType= SubmissionsView&startDate= &endDate= &dateRange= Last30Days&searchKeyword= &currentPage= 0&sortFieldID= 0&sortAscending= False&selectedFields= &parameters= CivicPlus.Entities.Core.ModuleParameter&submissionDataDisplayType=0&backURL=%2FAdmin%2FFormCenter%2FSubmissions%2FIndex%2F46%3FcategoryID%3D6 Organization Experience

Are you currently a member of a Russell County Board or Committee?

IFYES, please name: Have you previously served as a member of a Russell

County Board or Committee?

IFYES, please name:

Volunteer on Lyric Restoration Project

Yes

Cumberland Plateau Executive Board, CLEO Workforce Development Board

Yes

Cumberland Plateau PDC Executive Board; CLEO-Workforce Development Board; Experience Russell - Tourism; Russell County Library Trustee

Email not displaying correctly? View it in your browser.

ECEIVE

JAN 10 2020

RUSSELL COUNTY BOARD OF SUPERVISORS

BOARD / COMMITTEE APPLICATION

DATE OF APPLICATION: (Please print or type in black ink)

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vatncroness: PO Bex 204 pespvon, a, a4aveo

S11 ADDRESS: S_bway Secer_/Lepawend Na. ‘TELEPHONENUMBERS: NIN N/a 2%6-(008- 372!

(Home) (Business) (Cell

PROFESSIONVOCATION: Progessiona | Eremecr Caemacs)

BOARDS/COMMITTEE ON WHICH YOU WISH TO SERVE: > iS ie iD

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OTHERINTERESTS: Woy s1¢ [Gorr0y CAF FGtWw6, Carmmuel ity Searee

EDUCATION: Crs Jrecimall e a wice OT NomSeous ConTinumwe KwvcaTiond CLAsses! (ovescs

CIVIC OR SERVICE ORGANIZATION EXPERIENCE:

Ruseect Cooney Mouees- Rocce Co., Pome Sanp-hbinum Cl Recoscoy elcorps 20, Pasvewtiod Copurr ion ARE YOU CURRENTLY A MEMBER OF A RUSSELL COUNTY BOARD OR COMMITTEE? Yes iryes,PLEASENAME: () Warorned Qi areaus Exerotwe Bono

HAVE YOU PREVIOUSLY SERVED AS A MEMBER OF A RUSSELL COUNTY BOARD OR COMMITTEE? Yes

IPYES,PLEASE NAME: Compeerand PLatcal- Rxtcorwe caro

Name Term Term Ending Phone Number Finney Community Center Edward Tiller Two Year December 4, 2019 David Compton Two Year January 3, 2020

Name Term Term Ending Phone Number Cumberland Plateau Regional Waste Management David Eaton Four Year March 1, 2020

Name Term Term Ending Phone Number Regional Industrial Authority David Eaton Two Year April 18, 2020 Ernie McFaddin Two Year April 18, 2020

Name Term Term Ending Phone Number Cumberland Plateau Economic Development Commission Frank Horton One Year June 30, 2020 Ben Price----vacant One Year June 30 2018 Ron Blankenship One Year June 30, 2020 James Eaton, Jr. One Year June 30, 2020

Name Term Term Ending Phone Number Russell Public Library Yvonne Dye Three Years June 30, 2020 Susan Breeding Three Years June 30, 2020

Name Term Term Ending Phone Number Russell County PSA Cuba Porter One Year June 24, 2020 David Edmonds, Jr. One Year June 24, 2020

Name Term Term Ending Phone Number

Board Appointments 2020

Finney Community Center

Board Appointments 2020

Edward Tiller

Two Year

December 4, 2019)

David Compton

Two Year

January 3, 2020

[Cumberland Plateau Regional Waste Management

David Eaton

Four Year

March 1, 2020

[Regional Industrial Authority

David Eaton

Two Year

April 18, 2020

Ernie McFaddin

Two Year

April 18, 2020

[Cumberland Plateau Economic Development Commission

Frank Horton (One Year June 30, 2020 Ben Price-—-vacant, ‘One Year June 30 2018 Ron Blankenship ‘One Year June 30, 2020 [James Eaton, Jr. ‘One Year June 30, 2020

[Russell Public Library.

Yvonne Dye

Three Years

June 30, 2020

Susan Breeding

Three Years

June 30, 2020

Russell County PSA

[Cuba Porter:

‘One Year

June 24, 2020

David Edmonds, Jr.

‘One Year

June 24, 2020

Russell County Tourism Advisory Committee Kim Short — vacant Four Year June 30, 2018

Name Term Term Ending Phone Number Appalachian Agency for Senior Citizens Wayne Bostic Two Years August 1, 2020 Pat Gray Two Years August 1, 2020 Alice Meade Two Years August 1, 2020 Larry Burton Two Years August 1, 2020

Name Term Term Ending Phone Number Industrial Development Authority David Mullins Four Years August 1, 2020

Name Term Term Ending Phone Number Community Policy Management Team Patrick Brunty Three Years August 7, 2020 Joni Lester Three Years August 7, 2020

Name Term Term Ending Phone Number Spearhead Trails Gilbert “Teddy” Clevinger Three Years August 7, 2020

Name Term Term Ending Phone Number Heart of Appalachia Kim Short–Vacant Two Years September 10, 2020 Angie Carpenter Two Years September 10, 2020

Name Term Term Ending Phone Number Highway and Safety Commission Tim Lovelace Two Years October 1, 2020

Name Term Term Ending Phone Number

[Russell County Tourism Advisory Committee

Kim Short — vacant

Four Year

June 30, 2018

[Appalachian Agency for Senior Citizens

Wayne Bostic Two Years ‘August 1, 2020 Pat Gray Two Years ‘August 1, 2020 Alice Meade Two Years ‘August 1, 2020 Larry Burton Two Years ‘August 1, 2020 industrial Development Authority

David Mullins Four Years ‘August 1, 2020 [Community Policy Management Team

Patrick Brunty Three Years ‘August 7, 2020 Hioni Lester Three Years ‘August 7, 2020

Spearhead Trails

Gilbert “Teddy” Clevinger

Three Years

‘August 7, 2020

[Heart of Appalachia

kim Short–Vacant

Two Years

September 10, 2020

JAngie Carpenter

Two Years

September 10, 2020

Highway and Safety Commission

[Tim Lovelace

Two Years

October 1, 2020

Industrial Development Authority Jarred Glass Four Years October 3, 2020

Name Term Term Ending Phone Number Coal Hauling Road Commision Tim Lovelace Four Years November 7, 2020

Name Term Term Ending Phone Number Drill Community Center Charlene Blankenship Two Year December 31, 2020 Rachel Helton Two Year December 31, 2020 Doug Lester Two Year December 31, 2020 Harold Dean Thomas Two Year December 31, 2020 Betty Sue Hess Two Year December 31, 2020

Name Term Term Ending Phone Number Planning Commission Roger Sword Four Years December 31, 2020

industrial Development Authority

Hiarred Glass

[Coal Hauling Road Commision

Four Years

‘October 3, 2020

[Tim Lovelace

Four Years

November 7, 2020

Drill Community Center

[Charlene Blankenship Two Year December 31, 2020 Rachel Helton Two Year December 31, 2020 Doug Lester Two Year December 31, 2020 Harold Dean Thomas Two Year December 31, 2020 Betty Sue Hess Two Year December 31, 2020

Planning Commission

Roger Sword

Four Years

December 31, 2020

Russell County Government Center

137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011 www.russellcountyva.us

Board of Supervisors   Action Item 

137 Highland Drive Presenters - Attorney Lebanon, VA 24266

Meeting: 1/13/20 6:00 PM

County Attorney Reports

  1. County Personnel Policy

Staff Recommendation:

Board Discretion.

Suggested Motion:

Motion Required.

ATTACHMENTS: • Various

Board of Supervisors Action Item 137 Highland Drive Presenters - Attorney Lebanon, VA 24266

1/13/20 6:00 PM

Meetin:

County Attorney Reports

  1. County Personnel Policy Staff Recommendation: Board Discretion.

Suggested Motion:

Motion Required.

ATTACHMENTS:

  • Various

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

Board of Supervisors Action Item D-1 – D-11 137 Highland Drive Presenter: Administrator Lebanon, VA 24266

Meeting: 1/13/20 6:00 PM

County Administrator Reports & Requests The County Administrator Reports & Request for January 2020:

REPORTS

  1. 2020 Legislative Forum: 1/21/20 – 1/23/20 Richmond, Virginia……………………D-1

  2. VDOT IACM – Rte. 663 – Bridge Replacement………………………………………D-2

  3. DSS Local Agency Dashboard…………………………………………………………D-3

  4. State and Local Economic Interests and Financial Disclosure Statements….D-4

REQUESTS

  1. Fiscal Year 20/21 Budget Meeting Schedule………….………………….…………D-5

  2. Litter Ordinance Public Hearing………………………………………………………D-6

  3. Noise Ordinance Public Hearing………………………………………………………D-7

  4. Dante Community Redevelopment Project DMME AML Agreement……………D-8

  5. County Registrar’s Office Computers……………………………………………….D-9

  6. RC Combined Search & Rescue Reimbursement…………………………………D-10

  7. Travel Requests……………………….…………………………………………………D-11

STAFF RECOMMENDATION(s): Board Discretion.

SUGGESTED MOTION(s): Board Discretion.

ATTACHMENTS:

• Various

Russell County Government Center 137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011

www.russellcountyva.us

http://www.russellcountyva.us/ http://www.russellcountyva.us/ Board of Supervisors Action Item D-1 - D-11 137 Highland Drive Presenter: Administrator Lebanon, VA 24266

Meeting: 1/13/20 6:00 PM

County Administrator Reports & Requests The County Administrator Reports & Request for January 2020: REPORTS

  1. 2020 Legislative Forum: 1/21/20 - 1/23/20 Richmond, Virgit

  2. VDOT IACM - Rte. 663 - Bridge Replacement…

  3. DSS Local Agency Dashboard.

  4. State and Local Economic Interests and Financial Disclosure Statements…D-4

REQUESTS

  1. Fiscal Year 20/21 Budget Meeting Schedule…

  2. Litter Ordinance Public Hearing…

  3. Noise Ordinance Public Hearing…

  4. Dante Community Redevelopment Project DMME AML Agreement.

  5. County Registrar’s Office Computers…

  6. RC Combined Search & Rescue Reimbursement…

  7. Travel Requests…

.D-11

STAFF RECOMMENDATION(s): Board Discretion.

SUGGESTED MOTION(s): Board Discretion.

ATTACHMENTS:

  • Various

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www. russelleountyva.us

Virginia Department of Transportation

INTER-AGENCY COORDINATION MEETING Joint Permit Application

DEQ COE VMRC
I. VDOT PROJECT INFORMATION

Route: 663 UPC#: 110937 VDOT Project Number: 0663-083-974, B647, P101 USGS Quadrangle: Carbo City/County: Russell VDOT City/County Code: 083 Contract Type: Federal Project Charge: UPC-110937, Act. 6XX Planned Ad Date: 03/09/2021 Designer: Collins, Emily V

II. TYPE OF SCOPING/COORDINATION: Permit Coordination Permits Required: COE Reporting: NW23; VMRC VGP-1;
III. VDOT CONTACTS

Permit Coordinator (VDOT District Contact)

District Environmental Manager (Authorized Agent)

VDOT (Applicant)

Name: Ethan C Virts Name: Doris K Bush Name: John Dew Address: 870 Bonham Road

Bristol, VA 24201 Address: 870 Bonham Road

Bristol, VA 24201 Address: 870 Bonham Road

Bristol, VA 24201 Phone #: (276) 696-3297 Phone #: (276) 696-3300 Phone #: (276) 696-3438

IV. PERMITTED ACTIVITY

Complete replacement of bridge carrying Rte. 663 over Weaver Creek (VA Structure # 6083), in Russell County. The existing 49’ long X 13’ wide, two span bridge will be replaced with a single span, 20’ wide bridge. The existing in-stream pier will be removed. Class II riprap streambed protection will be installed adjacent to both new abutment footings. The roadway approaches will be modified to tie into the new wider bridge deck. The existing water gate on the downstream side of the bridge will also be replaced. Construction of the new bridge will require the installation of a temporary work bridge and temporary cofferdams. This bridge replacement will require approximately 95 CY (2,565 SF) of excavation, 95 CY (1,200 SF) of permanent fill, and 21 CY (675 SF) of temporary fill within the OHW limits of Weaver Creek. The water gate will not require any temporary or permanent impacts within the OHW limits of Weaver Creek.

V. ENVIRONMENTAL ASSESSMENT(Avoidance and Impacts are described in greater detail in section VI and VII.)

Present Impacts Present Impacts Federal Threatened/Endangered Species Yes * Water of the U.S Yes Yes State Threatened/Endangered Species Yes * Wetlands No No Anadromous fish No No Riffle Pool Complexes Yes No Trout No No Other Special Aquatic Sites No No Shellfish No No 100 Year Floodplain Yes No Public Water Supply No No Historic/Archeological Resources No No Scenic Rivers No No Air Quality Nonattainment Area No No Navigable Waters No No Tidal Waters/Wetlands: No No Open Water > 1.0 Acre No No

*Please refer to the T&E Report for T&E Species Impacts

IACM DATE: 11/13/2019
VDOT PROJECT #: 0663-083-974, B647, P101
PERMIT #: 19-4159 PRE-APP#:

Page 1 of 7IACM Coordination Form 7/1/2017

Lonzo Lester Highlight

Lonzo Lester Highlight

Lonzo Lester Highlight

Lonzo Lester Highlight

JACM DATE: 11/13/2019 VDOT PROJECT #: 063-083-974, B647, P101 PERMIT #: 19-4159 PRE-APP#:

Virginia Department of Transportation

INTER-AGENCY COORDINATION MEETING Joint Permit Application EQ COE VMRC

I. VDOT PROJECT INFORMATION

Route: 663 UPCH: — 110937 VDOT Project Number: 063-083-974, B647, P101 USGS Quadrangle: Carbo

City/County: Russell VDOT City/County Code: 083

Contract Type: Federal Project Charge: UPC-110937, Act. 6XX

Planned Ad Date: 03/09/2021 Designer: Collins, Ei

I. TYPE OF SCOPING/COORDINATION: Permit Coordination

[Permits Required: COE Reporting: NW23; VMRC VGP-1;

I. VDOT CONTACTS

Permit Coordinator District Environmental Manager VDOT (Applicant) (VDOT District Contact) (Authorized Agent) Name: Ethan C Virts Name: Doris K Bush ‘Name: John Dew Address: 870 Bonham Road Address: 870 Bonham Road Address: 870 Bonham Road Bristol, VA 24201 Bristol, VA 24201 Bristol, VA 24201 Phone #: (276) 696-3297 Phone #: (276) 696-3300 Phone #: (276) 696-3438

IV, PERMITTED ACTIVITY

Complete replacement of bridge carrying Rte. 663 over Weaver Creek (VA Structure # 6083), in Russell County. |The existing 49’ long X 13" wide, two span bridge will be replaced with a single span, 20’ wide bridge. The existing in-stream pier will be removed. Class II riprap streambed protection will be installed adjacent to both new abutment footings. The roadway approaches will be modified to tie into the new wider bridge deck. The existing water gate on the downstream side of the bridge will also be replaced. Construction of the new b

[will require the installation of a temporary work bridge and temporary cofferdams. This bridge replacement will require approximately 95 CY (2,565 SF) of excavation, 95 CY (1,200 SF) of permanent fill, and 21 CY (675 SF) lof temporary fill within the OHW limits of Weaver Creek. The water gate will not require any temporary or permanent impacts within the OHW limits of Weaver Creek.

V. ENVIRONMENTAL ASSESSMENT (Avoidance and Impacts are described in greater detail in section VIand VIL)

Present | Impacts Present | Impacts Federal Threatened/Endangered Species. | Yes * | Water of the U.S Yes | Yes State Threatened/Endangered Speci Yes «| Wetlands No No Anadromous fish No No _ | Riffle Pool Complexes Yes | No Trout No No _ | Other Special Aquatic Sites No No Shellfish No No | 100 Year Floodplain Yes | No Public Water Supply No No _ | Historic/Archeological Resources No No Scenic Rivers No No | Air Quality Nonattainment Area No No Navigable Waters, No No No No

Open Water > 1.0 Acre No No

*Please refer to the TRE Report for TRE Species Impacts

IACM Coordination Form 7/1/2017 Page 1 of 7

VII. PROJECT NARRATIVE: Project purpose, need, and description: The existing 49’ long X 13’ wide steel beam and timber deck, two span bridge has been deemed structurally deficient due to deteriorated superstructure and substructure. The proposed replacement is a 49’ long X 20’ wide, single span precast concrete ‘Hy-span’ bridge. The existing livestock water gate on the downstream side of the bridge will be impacted during construction. A new water gate will be installed outside of the OHW limits of Weaver Creek.
Proposed construction schedule: The ad date will be accelerated to as soon as necessary clearances/approvals are received due to the poor condition of the bridge. Construction will likely begin Spring/Summer 2020. Project impacts (include a description of all impacts, permanent and temporary): Complete replacement of bridge carrying Rte. 663 over Weaver Creek (VA Structure # 6083), in Russell County. The existing 49’ long X 13’ wide, two span bridge will be replaced with a single span, 20’ wide bridge. The existing in-stream pier will be removed. Class II riprap streambed protection will be installed adjacent to both new abutment footings. The roadway approaches will be modified to tie into the new wider bridge deck. The existing water gate on the downstream side of the bridge will also be replaced. Construction of the new bridge will require the installation of a temporary work bridge and temporary cofferdams. This bridge replacement will require 95 CY (2,565 SF) of excavation, 95 CY (1,200 SF) of permanent fill, and 21 CY (675 SF) of temporary fill within the OHW limits of Weaver Creek. The water gate installation will not require any excavation, permanent fill, or temporary fill within the OHW limits of Weaver Creek.

T&E Species: An abbreviated mussel survey was completed in July 2019. No FL or SL mussels were found during the survey. 445 non-listed mussels were found within the 500 meter survey reach. The Clinch River is located approximately 1.25 miles downstream of this project. All in-stream work will take place within temporary cofferdams to reduce potential for any secondary impacts downstream. All work in uplands will adhere to applicable erosion and sediment control regulations. Removal of trees 3" DBH or greater trees will adhere to a TOYR between the dates of 4/15 and 9/15.
Cultural Resources: VDOT Effect Determination: NO EFFECT. Stip. 2 Determination Date: 05/29/2019.

VIII. PROJECT MITIGATION: Project mitigation efforts including AVOIDANCE, MINIMIZATION, AND COMPENSATION: Avoidance: The location of the bridge edge on the north side will not encroach on the DCR Pinnacle Site. All widening of the bridge will take place to the south of the bridge.
Minimization: Only the minimum amount of in-stream work necessary to construct the new bridge will be conducted.
Compensation (include functional assessment when applicable): There is no compensatory mitigation proposed.

IACM DATE: 11/13/2019
VDOT PROJECT #: 0663-083-974, B647, P101
PERMIT #: 19-4159 PRE-APP#:

Page 4 of 7IACM Coordination Form 7/1/2017

JACM DATE: 11/13/2019 VDOT PROJECT #: 063-083-974, B647, P101 PERMIT #: 19-4159 PRE-APP#:

VII. PROJECT NARRATIVE: Project purpose, need, and description:

The existing 49" long X 13! wide steel beam and timber deck, two span bridge has been deemed structurally deficient due to deteriorated superstructure and substructure. The proposed replacement is a 49" long X 20’ wide, single span precast concrete 'Hy-span’ bridge. The existing livestock water gate on the downstream side of the bridge will be impacted during construction. A new water gate will be installed outside of the OHW limits of Weaver Creek.

Proposed construction schedule: The ad date will be accelerated to as soon as necessary clearances/approvals are received due to the poor condition of the bridge. Construction will likely begin Spring/Summer 2020.

Project impacts (include a description of all impacts, permanent and temporary): Complete replacement of bridge carrying Rte. 663 over Weaver Creek (VA Structure # 6083), in Russell County. The existing 49" long X 13’ wide, two span bridge will be replaced with a single span, 20’ wide bridge. The existing in-stream pier will be removed. Class II riprap streambed protection will be installed adjacent to both new abutment footings. The roadway approaches will be modified to tie into the new wider bridge deck. The existing water gate on the downstream side of the bridge will also be replaced. Construction of the new bridge will require the installation of a temporary work bridge and temporary cofferdams. This bridge replacement will require 95 CY (2,565 SF) of excavation, 95 CY (1,200 SF) of permanent fill, and 21 CY (675 SF) of temporary fill within the OHW limits of Weaver Creek. ‘The water gate installation will not require any excavation, permanent fill, or temporary fill within the OHW limits of Weaver Creek.

T&E Species:

An abbreviated mussel survey was completed in July 2019. No FL or SL mussels were found during the survey. 445 non-listed mussels were found within the 500 meter survey reach. The Clinch River is located approximately 1.25 miles downstream of this project. All in-stream work will take place within temporary cofferdams to reduce potential for any secondary impacts downstream. All work in uplands will adhere to applicable erosion and sediment control regulations. Removal of trees 3" DBH or greater trees will adhere to a TOYR between the dates of 4/15 and 9/15.

Cultural Resource VDOT Effect Determination: NO EFFECT. Stip. 2 Determination Date: 05/29/2019.

VII. PROJECT MITIGATION: Project mitigation efforts including AVOIDANCE, MINIMIZATION, AND COMPENSATION: Avoidance:

The location of the bridge edge on the north side will not encroach on the DCR Pinnacle Site. All widening of the bridge will take place to the south of the bridge.

Minimization: Only the minimum amount of in-stream work necessary to construct the new bridge will be conducted.

Compensation (include functional assessment when applicable): There is no compensatory mitigation proposed.

TACM Coordination Form 7/1/2017 Page 4 of 7

IX. EROSION AND SEDIMENT CONTROLS: An erosion and sediment control plan will be prepared and implemented in compliance with the Erosion and Sediment Control Law, the Erosion and Sediment Control Regulations, and the annual erosion and sediment control standards and specifications approved by the Department of Conservation and Recreation.

X. STORMWATER MANAGEMENT STATEMENT: Design of this project will be in compliance with the Stormwater Management Act, the Stormwater Management Regulations, and the annual stormwater management standards, and specifications approved by the Department of Conservation and Recreation.

XI. MATERIALS ASSESSMENT: All fill material shall be clean and free of contaminants in toxic concentrations or amounts in accordance with all applicable laws and regulations.

XII. FEMA STATEMENT: The design of this project will be in compliance with all applicable FEMA-approved state or local floodplain management requirements.

XIII. DREDGE MATERIAL MANAGEMENT PLAN: All dredge material will be removed to an approved, contained, upland location. The disposal area will be of sufficient size and capacity to properly contain the dredge material, to allow for adequate dewatering and settling out of sediment, and to prevent overtopping. The disposal area will be properly stabilized prior to placement of dredge material.

XIV. NEPA DOCUMENTATION: Document type: PCE Date: 10/02/2019

“VDOT is in receipt of the concurrence from the Virginia SHPO regarding conclusion of Section 106 (inclusive of any tribal requirements), the USFWS regarding conclusion of Section 7 consultation and NMFS regarding conclusion of Essential Fish Habitat consultation. We trust the evidenced conclusion of these federally authorized agencies with jurisdiction over these resources is sufficient for the USACE’s acceptance of this coordination and indicates that consultation is complete.”

IACM DATE: 11/13/2019
VDOT PROJECT #: 0663-083-974, B647, P101
PERMIT #: 19-4159 PRE-APP#:

Page 5 of 7IACM Coordination Form 7/1/2017

JACM DATE: 11/13/2019 VDOT PROJECT #: 063-083-974, B647, P101 PERMIT #: 19-4159 PRE-APP#:

IX. EROSION AND SEDIMENT CONTROLS: An erosion and sediment control plan will be prepared and implemented in compliance with the Erosion and Sediment Control Law, the Erosion and Sediment Control Regulations, and the annual erosion and sediment control standards and spe jons approved by the Department of Conservation and Recreation.

X. _ STORMWATER MANAGEMENT STATEMENT: Design of this project will be in compliance with the Stormwater Management Act, the Stormwater Management Regulations, and the annual stormwater management standards, and specifications approved by the Department of Conservation and Recreation.

XI. MATERIALS ASSESSMENT: ‘Al fill material shall be clean and free of contaminants in toxic concentrations or amounts in accordance with all applicable laws and regulations

XI FEMA STATEMENT: The design of this project will be in compliance with all applicable FEMA-approved state or local floodplain management requirements,

XII. DREDGE MATERIAL MANAGEMENT PLAN: All dredge material will be removed to an approved, contained, upland location. The disposal area will be of sufficient size and capacity to properly contain the dredge material, to allow for adequate dewatering and settling out of sediment, and to prevent overtopping. The disposal area will be properly stabilized prior to placement of dredge material.

XIV. NEPA DOCUMENT

Date: 10/02/2019

"VDOT is in receipt of the concurrence from the Virginia SHPO regarding conclusion of Section 106 (inclusive of any tribal requirements), the USFWS regarding conclusion of Section 7 consultation and NMFS regarding conclusion of Essential Fish Habitat consultation, We trust the evidenced conclusion of these federally authorized agencies with jurisdiction over these resources is sufficient for the USACE’s acceptance of this coordination and indicates that consultation is complete.”

TACM Coordination Form 7/1/2017 Page 5 of 7

XV. CERTIFICATION (for SPGP/VWPP only): “I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment for knowing violations.”

Applicant Signature:

Name of person signing above:

(print or type)

Title: Date:

Authorized Agent Signature:

Name of person signing above:

(print or type)

Title: Date:

IACM DATE: 11/13/2019
VDOT PROJECT #: 0663-083-974, B647, P101
PERMIT #: 19-4159 PRE-APP#:

Page 6 of 7IACM Coordination Form 7/1/2017

JACM DATE: 11/13/2019 VDOT PROJECT #: 063-083-974, B647, P101 PERMIT #: 19-4159 PRE-APP#:

XV. CERTIFICATION (for SPGP/VWPP only):

“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons| directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment for knowing violations.”

Applicant Signature:

Name of person signing above:

(print or type) Date: Authorized Agent Signature: Name of person signing above: (print or type) Title: Date:

IACM Coordination Form 7/1/2017 Page 6 07

Attachment A

Project Maps Vicinity, Topo, and FEMA Maps

Attachment A

Project Maps Vicinity, Topo, and FEMA Maps

UPC # 110937 (0663-083-974) 9-4159

Russell Weaver Creek

N

| VIRGINIA Jamestown Colony — Foun

8 pp OUD aa Statehood — June 25, 1788

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162} 148 107] =| UPC # 110937 (0663-083-974) Highest Elevation — Moun,

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State Flower — Dogwood

Bil) Permit # 19-4159 5 Russell County State Bird — Cardinal

x 5 2 38/87 Bin] a | Weaver Creek Population — 8,185,867

4UPC 110937

© Copyright 2016, Trimble Navigation Limited, 2006-2019 TomTom

SCALE 1:18056 0.0 0.1 0.2 0.3 0.4 0.5 0.6 Miles

0 1000 Yards

0 1 Kilometer

Declination

MN 7.25° W

 MN

Location: 036° 58’ 00.3467" N, 082° 07’ 44.3417" WName: CARBO Date: 07/19/19 Scale: 1 inch = 1,504 ft.

© Copyright 2016, Trimble Navigation Limited

Location of UPC 110937 Bridge Replacement over Weaver Creek

EZ

be

MN 7.25° W.

SCALE 1:18056 0001 02 03 04 05 a6 Mies

8 1000 Yards

4 Kilometer

Name: CARBO Date: 07/19/19 Scale: 1 inch = 1,504 ft.

Location: 036° 58’ 00.3467" N, 082° 07’ 44.3417" W tion of UPC 110937 ye Replacement over Weaver Creek

USGS The National Map: Orthoimagery. Data refreshed April, 2019.

National Flood Hazard Layer FIRMette

0 500 1,000 1,500 2,000250 Feet

Ü

82 °8

'1 .7

4" W

36°58’14.69"N

82°7’24.28"W

36°57’45.95"N

SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT

SPECIAL FLOOD HAZARD AREAS

Without Base Flood Elevation (BFE) Zone A, V, A99

With BFE or Depth Zone AE, AO, AH, VE, AR

Regulatory Floodway

0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mile Zone X

Future Conditions 1% Annual Chance Flood Hazard Zone X

Area with Reduced Flood Risk due to Levee. See Notes. Zone X

Area with Flood Risk due to Levee Zone D

NO SCREEN Area of Minimal Flood Hazard Zone X

Area of Undetermined Flood Hazard Zone D

Channel, Culvert, or Storm Sewer

Levee, Dike, or Floodwall

Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation

Coastal Transect

Coastal Transect Baseline Profile Baseline Hydrographic Feature

Base Flood Elevation Line (BFE)

Effective LOMRs

Limit of Study Jurisdiction Boundary

Digital Data Available

No Digital Data Available

Unmapped

This map complies with FEMA’s standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA’s basemap accuracy standards

The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 8/30/2019 at 8:54:51 AM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time.

This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes.

Legend

OTHER AREAS OF FLOOD HAZARD

OTHER AREAS

GENERAL STRUCTURES

OTHER FEATURES

MAP PANELS

8

1:6,000

B 20.2

The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location.

UPC 110937 (0663-083-974) Bridge Replacement over Weaver Creek Permit # 19-4159

National Flood Hazard Layer FIRMette Legend

  1. 60°N ‘SEEPS REPORT FOR DETALED EGEND AND NDEX MAP FOR EMM PANEL LAYOUT

Without Base Fld Elevation (8)

With BFE or Dopth zee 1,04 45 2 HAZARD AREAS |

‘en cieu tron sae UPC 110937 (0663-083-974) na coat 5 a Bridge Replacement over Weaver Creek omen areas of | even Scents ten Permit # 19-4159 FLOOD HAZARD |") Area with Flood Risk ue o Levee

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MAP PANELS [=] Unmapped i

9 ‘The pin splayed on the maps an approximate point selected bythe user and does nt represent ‘an euthontative property location

‘This map complies with FEMA’s standards forthe use of gia food maps iif not vidas deserved below. ‘Te basemap shown complies with FEMA’s basemap accuracy standards

‘The tld nazar informations derived arety fom the ‘authortative NFHL web services provided by FEMA. This map ‘was exported on 8/30/2049 at 8:54:51 AM and does nat Teflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or ‘become superseded by new data overtime,

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.

Local Agency >>> FIPS: 167 Region: Western Level: II (Two) Qtr/SFY: Q1/SFY20

Prior Quarter

98.4%

93.3%

Quarterly Local Agency Dashboard: Public Assistance Russell

Current Quarter

Target > 97.0% Measure

Public Assistance: Percent of Applications Processed On Time

8.6%

99.7%

97.4%Temporary Assistance for Needy Families (TANF)

SNAP Payment Error Rate (October 2018 - March 2019)

Supplemental Nutrition Assistance Program (SNAP)

92.0%

93.0%

94.0%

95.0%

96.0%

97.0%

98.0%

99.0%

100.0%

Sep '18

Oct '18

Nov '18

Dec '18

Jan '19 Feb '19

Mar '19

Apr '19

May '19

Jun '19 Jul '19 Aug '19

Sep '19

SNAP Applications Processed On Time

SNAP Applications: Total Target

75.0%

80.0%

85.0%

90.0%

95.0%

100.0%

Sep '18

Oct '18

Nov '18

Dec '18

Jan '19 Feb '19

Mar '19

Apr '19

May '19

Jun '19 Jul '19 Aug '19

Sep '19

TANF Applications Processed On Time

TANF Applications Target

Page 1 of 2

i)

Loca

Percent of Applications Proce:

Quarterly Local Agency Dashboard: Public Assistance

TS rs RE oneon IS

-d On Time Target > 97.0%

Prior

ceeet, | Curent quarter

‘Supplemental Nutrition Assistance Program (SNAP)

98.4% | 99.7%

Temporary Assistance for Needy Families (TANF)

93.3% | 97.4%

‘SNAP Payment Error Rate (October 2018- Warch 2019)

[8.6%

ever ETRE owrsee TERE)

110.0% 350%

ae

(2c Nov Oe Jn"s9 Feb Mar Aor May Jun’91019 Aug Sep Sep Oc Nov eC an’I9 Feb Mar Aor May Hn 19)UI9 Aue Sep

SNAP Applications Processed On Time 100%

Hatta |

or a cc comers

SP Appleton Tot <== Target

‘TANF Applications Processed On Time

HALAL

ra a i cc TY comers

TAN Appetions == Target

Page 10f2

.

Local Agency >>> FIPS: 167 Region: Western Level: II (Two) Qtr/SFY: Q1/SFY20

Quarterly Local Agency Dashboard: Public Assistance Russell

Quarterly Trends Target SNAP Applications Processed On Time

Total Expedited Non-Expedited

TANF Applications Processed On Time TANF > 97%

VaCMS Downtime Downtime

Monthly Results Target Sep '18 Oct '18 Nov '18 Dec '18 Jan '19 Feb '19 Mar '19 Apr '19 May '19 Jun '19 Jul '19 Aug '19 Sep '19 SNAP Applications Processed On Time

Total 98.0% 98.4% 98.9% 100.0% 98.6% 98.8% 100.0% 98.5% 96.6% 100.0% 100.0% 100.0% 99.2% Expedited 94.7% 96.3% 100.0% 100.0% 95.8% 96.9% 100.0% 100.0% 95.0% 100.0% 100.0% 100.0% 100.0% Non-Expedited 98.4% 100.0% 98.4% 100.0% 100.0% 100.0% 100.0% 97.7% 98.0% 100.0% 100.0% 100.0% 98.8%

TANF Applications Processed On Time TANF > 97% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 85.7% 100.0% 92.3% 100.0% 100.0% 92.9%

VaCMS Downtime Downtime 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%

0.0%0.0% 0.0% 0.0%

Q2/SFY19 Q3/SFY19 Q4/SFY19 Q1/SFY20

97%

Data Sources: Public Assistance (Data Warehouse), Child Care (VaCMS)

97% 99.6%

99.7% 100.0%

100.0% 100.0% 93.3% 97.4%

99.0% 98.3% 99.5%

99.0% 97.6%

100.0%

98.4% 98.1% 98.6%

Page 2 of 2

Quarterly Local Agency Dashboard: Public Assistance

Level

Two) Be cs s20)

Quarterly Trends toe BEER c3/srv19 awy/srvis ‘a/sev20 [SNAP Applications Processed On Time Total 39.0% 2.0% a 7% Expedited 297% 98.3% 97.6% 98.1% To00% Nor-Bipedted 99.5% 700.0% 98.6% 99.6% [TANF applications Proceised On Time TANF Les] tooo] t000x [sax 970% [veces Downtime Downtime I [00% oo% | oon | 00% Monthly Results Target [SWAP Applications Processed On Time Total 380% | saan | s89x [100m | snex | saan | 1000% | sasn | osex | 1000n | 1000% | 000% | v0.26 Expedited 297% [sa2m_[ 96% | 100.0% | 100.0% | 95.8% | 960% | 100.0% | 1000% | 95.0% | 100.0% | 100.0% | 100.0% | 100% Non-Bigedted 35.4% | 100.0% | sex [109.0% | 1000% | sooo | 100.0% | 97.7% | sex | s000% | 1000% | 100.0% | 98.8% [TAN applications Processed On Time ANE To27% Tivo [rox | 100.0% [ 000% [soo0n [ s000% [ 100% | 257m [soo0x | 223% [sooox | 100.0% | o25% [Vacs oowntime: Downtime I [om [oon [oom [cox | oox | oom [ cox | oon | om | oom [ 00x | 00m | 00%

‘oto Sources: Public Asstonce (Date Worchoue), Child Core (VaCMS

Page 20f 2

                    Board of Supervisors       January 13, 2020 

Russell County Page 1

RUSSELL COUNTY

BOARD OF SUPERVISOR’S BUDGET MEETINGS

Russell County Governmental Center Lebanon, Virginia 24266

RUSSELL COUNTY BOARD OF SUPERVISORS FISCAL YEAR 2020/2021 BUDGET MEETING SCHEDULE

Date Activity

01/27/20 Letter of Budget Requests to Departments, Offices, & Agencies

02/17/20 Dead-line for Departmental Budget Requests

03/13/20 Budget Expenditures Compiled

03/13/20 Revenue Projections Compiled

03/18/20 Budget Committee Workshop

03/25/20 Budget Committee Workshop

04/06/20 Full Board of Supervisors Budget Work Session

04/13/20 Advertise Public Hearing for Budget and Tax Rates

04/17/20 Advertise Public Hearing for Budget and Tax Rates

05/04/20 Hold Public Hearing on FY 2020/2021 Budget and Tax Rates

06/01/20 Approve Budget at Regular June Meeting

Board of Supervisors January 13, 2020

RUSSELL COUNTY

BOARD OF SUPERVISOR’S BUDGET MEETINGS

Russell County Governmental Center Lebanon, Virginia 24266

RUSSELL COUNTY BOARD OF SUPERVISORS FISCAL YEAR 2020/2021 BUDGET MEETING SCHEDULE

Date Activity

01/27/20 _Letter of Budget Requests to Departments, Offices, & Agencies 02/17/20 Dead-line for Departmental Budget Requests

03/13/20 Budget Expenditures Compiled

03/13/20 Revenue Projections Compiled

03/18/20 Budget Committee Workshop

03/25/20 Budget Committee Workshop

04/06/20 Full Board of Supervisors Budget Work Session

04/13/20 Advertise Public Hearing for Budget and Tax Rates 04/17/20 Advertise Public Hearing for Budget and Tax Rates 05/04/20 Hold Public Hearing on FY 2020/2021 Budget and Tax Rates 06/01/20 Approve Budget at Regular June Meeting

Russell County Page 1

1

Russell County
Litter Control and

Disposal Ordinance

§ 17.2-200. Authorization.

This Ordinance is adopted and enacted pursuant to § 15.2-901; Article 2 Waste and Recycling, §§ 15.2-927 et seq and § 33.1-346 of the Code of Virginia, 1950, as amended, for the purpose of promoting the public safety, health, welfare, convenience and enjoyment of the general public, public travel, it is hereby declared to be in the public interest to regulate and restrict the disposal of trash, garbage refuse, litter or other unsightly matter on public highways, right-of-way, property adjacent to such highway or right-of-way, on private property, and solid waste facilities of the County, including but not limited to convenience centers, transfer stations and solitary landfills.

Sec. 17.2-201. Title.

This chapter shall be know and may be cited as the “Russell County Litter Control and Disposal Ordinance.”

Sec. 17.2-202. Definitions.

For purposes of this ordinance, the following words and phrases shall have the meaning respectively ascribed by this section.

Administrator means the Russell County Administrator or his or her duly authorized designee.

Ashes means the residue resulting from the burning of wood, coal, coke or other combustible material.

Board of Supervisors means the Russell County Board of Supervisors.

Brush means bushes, briars, branches, leaves and similar material.

Brush, pruning and tree trimmings means trimmings from growing or dead trees or bushes no more than six inches in diameter. Any such trimmings over four inches will not be accepted. These items will only be accepted at the transfer

Russell County Litter Control and Disposal Ordinance

§ 17.2-200. Authorization.

This Ordinance is adopted and enacted pursuant to § 15.2-901; Article 2 Waste and Recycling, §§ 15.2-927 et seq and § 33.1-346 of the Code of Virginia, 1950, as amended, for the purpose of promoting the public safety, health, welfare, convenience and enjoyment of the general public, public travel,it is hereby declared to be in the public interest to regulate and restrict the disposal of trash, garbage refuse, litter or other unsightly matter on public highways, right-of-way, property adjacent to such highway or right-of-way, on private property, and solid waste facilities of the County, including but not limited to convenience centers, transfer stations and solitary landfills.

Sec, 17.2-201. Title.

This chapter shall be know and may be cited as the “Russell County Litter Control and Disposal Ordinance.”

Sec. 17.2-202. Definitions.

For purposes of this ordinance; the following words and phrases shall have the meaning respectively ascribed by this section.

Administrator means the Russell County Administrator or his or her duly authorized designee.

Ashes means the residue resulting from the burning of wood, coal, coke or other combustible material.

Board of Supervisors means the Russell County Board of Supervisors. Brush means bushes, briars, branches, leaves and similar material.

Brush, pruning and tree trimmings means trimmings from growing or dead trees or bushes no more than six inches in diameter. Any such trimmings over four

inches will not be accepted. These items will only be accepted at the transfer

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station, with the applicable tipping fee being paid. This shall not include roots or stumps that exceed four inches in diameter.

Bulk waste means appliances, furniture, bedding material, automobile parts, mechanical equipment, mechanical parts, and carpet.

Commercials establishment means a building or other structure and/or lot or tract of land used for or as a part of the operation of a business enterprise, whether for profit or not, which is not used in whole as a residential unit. For the purposes of this ordinance, any structure which is used by the same owner or tenant for both residential and business purposes shall be deemed to be a commercial establishment, provided however, that if the Administrator determines that a mixed use structure generates a volume of solid waste that does not exceed the average amount of waste generated by a residence in Russell County, then such mixed use structure may be deemed to be a residential unit.

Compacted waste means refuse or waste which has been reduced in volume by mechanical or hydraulic means and remains in this state of reduced volume until deposited at the transfer station.

Containers mean any of the following:

  1. Residential Reusable Curbside Receptacle: a receptacle made of plastic, metal or fiberglass with a capacity not to exceed thirty-nine (39) gallons, a loaded weight of no more than thirty-five (35) pounds, having a tight fitting lid, and handles of adequate strength to allow for the container to be lifted.

  2. Non-Reusable: Plastic sacks designed for refuse disposal with sufficient wall strength to maintain physical integrity when lifted by the top; securely tied at the top for collection, with a capacity not to exceed thirty (30) gallons and a loaded weight not to exceed thirty-five (35) pounds. Non-reusable containers shall also include garbage compactor bags which meet the capacity and weight requirements for plastic sacks. Both reusable and non-reusable containers shall also be referred to as standard containers in this Ordinance.

  3. Bulk: Bins of metal construction capable of being emptied by mechanical equipment operated by solid waste disposal operators, the Cumberland Plateau Regional Waste Management Authority, the County, towns located in the County and their contractors, generally referred to as dumpsters, which

station, with the applicable tipping fee being paid. This shall not include roots or stumps that exceed four inches in diameter.

Bulk waste means appliances, furniture, bedding material, automobile parts, mechanical equipment, mechanical parts, and carpet.

Commercials establishment means a building or other structure and/or lot or tract of land used for or as a part of the operation of a business enterprise, whether for profit or not, which is not used in whole as a residential unit. For the purposes of this ordinance, any structure which is used by the same owner or tenant for both residential and business purposes shall be déemed to be a commercial establishment, provided however, that ifthe Administrator determines that a mixed use structure generates a volume of solid waste that does not exceed the average amount of waste generated by a residence in Russell County, then such mixed use structure may be deemed to be a residential unit.

Compacted waste means refuse or waste which has been reduced in volume by mechanical or hydraulic means and remains in this state of reduced volume until deposited at the transfer station.

Containers mean any of the following:

  1. Residential Reusable Curbside Receptacle: a receptacle made of plastic, metal or fiberglass with a capacity not to exceed thirty-nine (39) gallons, a loaded weight of no more than thirty-five (35) pounds, having a tight fitting lid, and handles of adequate strength to allow for the container to be lifted.

  2. Non-Reusable: Plastic sacks designed for refuse disposal with sufficient wall strength to maintain physical integrity when lifted by the top; securely tied at the top for collection, with a capacity not to exceed thirty (30) gallons and a loaded weight not to exceed thirty-five (35) pounds. Non-reusable containers shall also include garbage compactor bags which meet the capacity and weight requirements for plastic sacks. Both reusable and non-reusable containers shall also be referred to as standard containers in this Ordinance.

  3. Bulk: Bins of metal construction capable of being emptied by mechanical equipment operated by solid waste disposal operators, the Cumberland Plateau Regional Waste Management Authority, the County, towns located in the County and their contractors, generally referred to as dumpsters, which

3

have a capacity of at least two and not more than eight cubic yards. Also included are large capacity roll on dumpsters.

Curbside means that portion of the street or highway right of way adjacent to the paced or traveled portion of a primary or secondary roadway as established by the Virginia Department of Transportation.

Contractor means the person with whom Russell County may contract for the collection of solid waste generated within Russell County, however nothing shall be deemed to require the County to contract for collection of all or part of its solid waste. In the event that the County shall contract for collection of all or part of its solid waste, then the term “Contractor” shall be substituted for Russell County where appropriate in the Ordinance.

Convenience Center means a collection point designated and operate by Russell County at which designated solid waste may be deposited.

County the term “County” shall be deemed to refer to Russell County unless the text of the Ordinance specifically refers to some other county.

Disposal means the storage, collection, disposal or handling of refuse.

Garbage means discarded materials composed of animal, vegetable or other organic matter.

Litter means any solid waste that is disposed of as prohibited herein or allowed to be carelessly discarded or scattered about in unsightly matter. Litter shale include, but not be limited to, garbage, trash, refuse and rubbish as referred to within the Ordinance.

Litter bag means a bag or sack, of durable material, which is large enough to serve as a receptacle for litter inside a vehicle or watercraft which is similar in size and capacity to a state approved litter bag.

Litter receptacle means a container with a capacity of not less than ten gallons constructed of such quality as to maintain the original shape when placed at an outdoor location; reasonably resistant to rust and corrosion; and placed for use as a depository for litter. Appliances (refrigerators, etc.) cannot be used as litter receptacles.

Open dump means a site on which any solid waste is placed, discharged, deposited, injected, dumped, or spilled, so as to create a nuisance or so as to pose within the

have a capacity of at least two and not more than eight cubic yards. Also included are large capacity roll on dumpsters.

Curbside means that portion of the street or highway right of way adjacent to the paced or traveled portion of a primary or secondary roadway as established by the Virginia Department of Transportation.

Contractor means the person with whom Russell County may contract for the collection of solid waste generated within Russell County, however nothing shall be deemed to require the County to contract for collection of all or part of its solid waste. In the event that the County shall contract for collection of all of part of its solid waste, then the term “Contractor” shall be substituted for Russell County where appropriate in the Ordinance.

Convenience Center means a collection point designated and operate by Russell County at which designated solid waste may be deposited.

County the term “County” shall be deemed to refer to Russell County unless the text of the Ordinance specifically refers to some other county.

Disposal means the storage, collection, disposal or handling of refuse.

Garbage means discarded materials composed of animal, vegetable or other organic matter.

Litter means any solid waste that is disposed of as prohibited herein or allowed to be carelessly discarded or scattered about in unsightly matter. Litter shale include, but not be limited to, garbage, trash, refuse and rubbish as referred to within the Ordinance.

Litter bag means a bag or sack, of durable material, which is large enough to serve as a receptacle for litter inside a vehicle or watercraft which is similar in size and capacity to a state approved litter bag.

Litter receptacle means a container with a capacity of not less than ten gallons constructed of such quality as to maintain the original shape when placed at an outdoor location; reasonably resistant to rust and corrosion; and placed for use as a depository for litter. Appliances (refrigerators, etc.) cannot be used as litter receptacles.

Open dump means a site on which any solid waste is placed, discharged, deposited, injected, dumped, or spilled, so as to create a nuisance or so as to pose within the

rE 3

4

determination of the Administrator for substantial present or potential hazard to human health or the environment, including the pollution of air, land, surface water or ground water. A disposal facility operation without all permits required by the state and/or federal governments shall be considered an open dump.

Operator means the person responsible for the overall operation and site management of a solid waste facility.

Owner means the person, corporation, or other legal entity in whom is vested the title to and interest in the land on which a solid waste management facility is located; the person, corporation or other legal entity in whom is vested title to and interest in the land upon which a residence, residential unit, multi-unit residential unit, commercial establishment or industry is located.

Permit means the written permission issued by the state or federal government to own, operate, or construct a solid waste management facility; and any licenses issued pursuant to the provisions of this Ordinance.

Person means an individual, corporation, partnership, association, a governmental body, a municipal corporation, or any other legal entity.

Recycling means the process of separating a given waste material from the waste stream and processing it so that it is used again as a raw material for a product, which may or may not be similar to the original thereof.

Refuse means discarded waste materials in a solid or semi-solid state, consisting of garbage, rubbish, or a combination thereof.

Residential unit means a group of rooms located within a building and forming in single inhabitable unit with facilities which are used or are intended to be used for living, sleeping, cooing and/or eating. A residential unit shall also include buildings containing multiple single-family dwelling units, however each unit shall be deemed to be a separate dwelling unit for billing purposes. The term “residential unit “shall also be deemed to include mobile home parks.

Salvage means the authorized, controlled removal of waste materials from a solid waste management facility.

determination of the Administrator for substantial present or potential hazard to human health or the environment, including the pollution of air, land, surface water or ground water. A disposal facility operation without all permits required by the state and/or federal governments shall be considered an open dump.

Operator means the person responsible for the overall operation and site management of a solid waste facility.

Owner means the person, corporation, or other legal entity:in whom is vested the title to and interest in the land on which a solid waste management facility is located; the person, corporation or other legal entity in whom is vested title to and interest in the land upon which a residence, residential unit, multi-unit residential unit, commercial establishment or industry is located.

Permit means the written permission issued by the state or federal government to own, operate, or construct a solid waste management facility; and any licenses issued pursuant to the provisions of this Ordinance.

Person means an individual, corporation, partnership, association, a governmental body, a municipal corporation, or any other legal entity.

Recycling means the process of separating a given waste material from the waste stream and processing it so that it is used again as a raw material for a product, which may or may not be similar to the original thereof.

Refuse means discarded waste materials in a solid or semi-solid state, consisting of garbage, rubbish, or a combination thereof.

Residential unit means a group of rooms located within a building and forming in single inhabitable unit with facilities which are used or are intended to be used for living, sleeping, cooing and/or eating. A residential unit shall also include buildings containing multiple single-family dwelling units, however each unit shall be deemed to be a separate dwelling unit for billing purposes. The term “residential unit “shall also be deemed to include mobile home parks.

Salvage means the authorized, controlled removal of waste materials from a solid waste management facility.

5

Scavenge means the unauthorized or uncontrolled removal of waste materials from a solid waste management facility.

Sludge means any solid, semi-solid or liquid waste generated from the a municipal, commercial or industrial wastewater treatment plant, air pollution control facility, or other waste producing facility, but as used in this Ordinance the term does not include the treated effluent from a Wastewater Treatment Plant.

Solid Waste means any garbage, refuse, sludge, or other discarded material, including solid, liquid, semi-solid or contained gaseous material, resulting from residential, industrial, commercial, mining or agricultural operations and from community activities but does not include (i) solid or dissolved material in domestic sewage, (ii) solid or dissolved material in irrigation return flows or in industrial discharges which are sources subject to a permit from the State Water Control Board, or (iii) source, special nuclear, or byproduct material as defined by the Federal Atomic Energy Act of 1954, as amended.

The solid waste herein defined also may refer to the following further defined types, i.e.:

  1. Coal Mine Waste: Any commercial waste, construction/ demolition waste, debris waste, inert waste, metals, garbage, mining equipment and/or machinery and any other waste generated prior, during, or after mining activities and which may be disposed of in compliance with this Ordinance and all other applicable state and federal laws and regulations.

  2. Commercial Waste: All solid waste generated by establishments engaged in business operations other than manufacturing or construction. This category includes, but is not limited to, solid waste resulting from the operation of stores, markets, office buildings, restaurants, and shopping centers.

  3. Construction/Demolition Waste: The waste building material, packaging and rubble, resulting from construction, remodeling, repair and demolition operations on pavement, houses, commercial buildings, and other structures,

  4. Debris Waste: Waste resulting from land clearing operations, including but not limited to stumps, wood, brush, leaves, soil and road spoils.

  5. Household Waste: Any waste material, including garbage, trash, and refuse normally produced or derived from single and/or multiple residential

Scavenge means the unauthorized or uncontrolled removal of waste materials from a solid waste management facility.

Sludge means any solid, semi-solid or liquid waste generated from the a municipal, commercial or industrial wastewater treatment plant, air pollution control facility, or other waste producing facility, but as used in this Ordinance the term does not include the treated effluent from a Wastewater Treatment Plant.

Solid Waste means any garbage, refuse, sludge, or other discarded material, including solid, liquid, semi-solid or contained gaseous material, resulting from residential, industrial, commercial, mining or agricultural operations and from community activities but does not include (i) solid or dissolved material in domestic sewage, (ii) solid or dissolved material in irrigation return flows or in industrial discharges which are sources subject to a permit from the State Water Control Board, or (iii) source, special nuclear, or byproduct material as defined by the Federal Atomic Energy Act of 1954, as amended.

The solid waste herein defined also may refer to the following further defined types,

ies

  1. Coal Mine Waste: Any commercial waste, construction/ demolition waste, debris waste, inert waste, metals, garbage, mining equipment and/or machinery and any other waste generated prior, during, or after mining activities and which may be disposed of in compliance with this Ordinance and all other applicable state and federal laws and regulations.

  2. Commercial Waste: All solid waste generated by establishments engaged in business operations other than manufacturing or construction. This category includes, but is not limited to, solid waste resulting from the operation of stores, markets, office buildings, restaurants, and shopping centers.

  3. Construction/Demolition Waste: The waste building material, packaging and rubble, resulting from construction, remodeling, repair and demolition operations on pavement, houses, commercial buildings, and other structures,

  4. Debris Waste: Waste resulting from land clearing operations, including but not limited to stumps, wood, brush, leaves, soil and road spoils.

  5. Household Waste: Any waste material, including garbage, trash, and refuse

normally produced or derived from single and/or multiple residential

6

households and residences. Household wastes do not include sanitary waste in septic tanks (septage).

  1. Hazardous Waste: A solid waste or combination of solid waste which, because of its quantity, concentration or physical, chemical or infections characteristics may: (a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or (b) pose a substantial present or potential hazard to human health, the Collection/Disposal System, or the environment from improperly treated, stores, transported, disposed of or otherwise managed. The foregoing definition is intended to include any waste now or hereafter designated as such by state or federal agencies with jurisdiction and authority to promulgate and enforce rules and regulations for the handling and disposal of hazardous and other waste.

  2. Ignitable Waste: a. Liquids having a flash point of less than 140 degrees Fahrenheit (60

degrees Centigrade). b. non-liquids liable to cause fires through friction, absorption of moisture,

spontaneous chemical change or retained heat, or which are liable, when ignited, to burn so vigorously and persistently as to create a hazard.

c. Ignitable compressed gases’, and/or oxidizers. 8. Industrial Waste: Any solid waste generated by manufacturing or industrial

process that is not a regulated hazardous waste. Such waste may include, but is not limited to, waste resulting from the following manufacturing processes: Electric power generation; fertilizer/agricultural chemicals; food and related products/byproducts; inorganic chemicals; iron and steel manufacturing; mining or oil and gas operations; leather and leather products; nonferrous metals manufacturing/foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation equipment; and water treatment.

  1. Inert Waste: Solid waste which is chemically and biologically stable from further degradation and considered to be non-reactive. Inert waste includes rubble, concrete, broken bricks, bricks, and blocks.

  2. Infectious Waste: Any solid waste if it is capable of producing an infectious disease in humans; is one of the controlled infectious wastes listed in any relevant section or sections of the Infectious Waste Management regulations of

households and residences. Household wastes do not include sanitary waste in septic tanks (septage)

  1. Hazardous Waste: A solid waste or combination of solid waste which, because of its quantity, concentration or physical, chemical or infections characteristics may: (a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or (b) pose a substantial present or potential hazard to human health, the Collection/Disposal System, or

the environment from improperly treated, stores, transported, disposed of or

otherwise managed. The foregoing definition is intended to include any waste now or hereafter designated as such by state or federal agencies with jurisdiction and authority to promulgate and enforce rules and regulations for the handling and disposal of hazardous and other waste.

  1. Ignitable Waste:

a. Liquids having a flash point of less than 140 degrees Fahrenheit (60 degrees Centigrade).

b. non-liquids liable to cause fires through friction, absorption of moisture, spontaneous chemical change of retained heat, or which are liable, when ignited, to burn so vigorously and persistently as to create a hazard.

c. Ignitable compressed gases’, and/or oxidizers.

  1. Industrial Waste? Any solid waste generated by manufacturing or industrial process that is not a regulated hazardous waste. Such waste may include, but is

not limited to, waste resulting from the following manufacturing processes: Electric power generation; fertilizer/agricultural chemicals; food and related products/by products; inorganic chemicals; iron and steel manufacturing; mining or oil and gas operations; leather and leather products; nonferrous metals manufacturing/foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation equipment; and water treatment.

  1. Inert Waste: Solid waste which is chemically and biologically stable from further degradation and considered to be non-reactive. Inert waste includes rubble, concrete, broken bricks, bricks, and blocks.

  2. Infectious Waste: Any solid waste if it is capable of producing an infectious disease in humans; is one of the controlled infectious wastes listed in any relevant section or sections of the Infectious Waste Management regulations of

7

the Virginia Department of Environmental Quality as applicable at any given time, or is identified as infectious by a licensed physician or registered nurse. A waste shall be considered to be capable of producing an infectious disease if it has been, is or may have been contaminated by an organism that is or may be pathogenic to humans and if such organism has a significant probability of being present in sufficient quantities and with sufficient virulence to transmit disease. If the exact cause of a disease is unknown, but the health care professional in charge suspects the presence of a pathogen in the waste is the case, such waste shall be managed as if the pathogen were identified and such waste shall be considered to be infectious waste.

  1. Institutional/Government Waste: All solid waste emanating from institutions such as, but not limited to, hospitals, nursing homes, orphanages, and public or private schools. It can include infectious waste from health care facilities and research facilities which has not been classified as a hazardous waste by the Virginia Hazardous Waste Regulations or the United States Environmental Protection Agency. Infectious waste which has been defined by state and federal law, rule or regulation as hazardous waste must be excluded from the waste stream.

  2. Putrescible Waste: Solid waste which contains organic material capable of being decomposed by microorganism, and which causes odors.

  3. Residential Waste: Household waste.

  4. Waste Oil: A spent petroleum product or lubricating fluid from vehicles or

equipment.

Solid waste management facility means any facility which engages in a planned program for effectively controlling the storage, collection, transportation, processing and reuse, conversion or disposal of solid waste in a safe, sanitary, aesthetically acceptable, environmentally sound and economic manner, in full compliance with all applicable local, state and federal regulations. The Russell County Transfer Station and Russell County Convenience Centers are Solid Waste Management Facilities.

Trash means non-combustible discarded materials including, but not limited to, ashes, scrap metal, glass, brick, concrete or other construction materials.

Uncompacted waste means refuse or waste which has not been reduced in volume by mechanical or hydraulic means, or if so, has not been maintained in this reduced volume state during the transportation to the landfill.

the Virginia Department of Environmental Quality as applicable at any given time, or is identified as infectious by a licensed physician or registered nurse. A waste shall be considered to be capable of producing an infectious disease if it has been, is or may have been contaminated by an organism that is or may be pathogenic to humans and if such organism has a significant probability of being present in sufficient quantities and with sufficient virulence to transmit disease. If the exact cause of a disease is unknown, but the health care professional in charge suspects the presence of a pathogen in the waste is the case, such waste shall be managed as if the pathogen were identified and such waste shall be considered to be infectious waste.

  1. Institutional/Government Waste: All solid waste emanating from institutions such as, but not limited to, hospitals, nursing homes, orphanages, and public or private schools. It can include infectious waste from health care facilities and research facilities which has not been classified as a hazardous waste by the Virginia Hazardous Waste Regulations or the United States Environmental Protection Agency. Infectious waste which has been defined by state and federal law, rule or regulation as hazardous waste must be excluded from the waste stream.

  2. Putrescible Waste: Solid waste which contains organic material capable of being decomposed by microorganism, and which causes odors.

  3. Residential Waste: Household waste.

  4. Waste Oil: A spent petroleum product or lubricating fluid from vehicles or equipment.

Solid waste management facility means any facility which engages in a planned program for effectively controlling the storage, collection, transportation, processing and reuse, conversion or disposal of solid waste in a safe, sanitary, aesthetically acceptable, environmentally sound and economic manner, in full compliance with all applicable local, state and federal regulations. The Russell County Transfer Station and Russell County Convenience Centers are Solid Waste Management Facilities.

Trash means non-combustible discarded materials including, but not limited to, ashes, scrap metal, glass, brick, concrete or other construction materials.

Uncompacted waste means refuse or waste which has not been reduced in volume by mechanical or hydraulic means, or if so, has not been maintained in this reduced

volume state during the transportation to the landfill.

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8

Waste generator means the person who actually produces waste intended for disposal at the landfill.

Waste management facility (See also Solid Waste Management Facility) means that area designated by the County Administrator for the collection of refuse intended for disposal at the Transfer Station or Collection Centers.

White goods means refrigerators, stoves, clothes dryers, washing machines, water heaters, window air conditioners and other large appliances of similar size or character, and waste metal products.

Yard waste means decomposable waste materials generated by yard and lawn care, and include leaves, grass trimmings, brush up to six inches in diameter and shrubs and tree trimmings arising from general landscaping maintenance. This shall not include roots or stumps that exceed four inches in diameter.

Where terms are not defined in this Ordinance and the context or practice requires definition they shall have the meaning specified in Chapter 14 of Title 10.1 of the Code of Virginia, 1950, as amended and/or specified in other relevant statutes, and/or the Solid Waste Management Regulations of the Virginia Department of Environmental Quality, as now or hereafter adopted as are applicable.

In case of conflict, the statutes and regulations applicable to the particular requirement involved shall prevail over those in this Ordinance.

Sec. 17.2-203. General prohibitions.

A. Moving Violations

  1. Littering Prohibited: Penalties

It shall be unlawful for any person to drop, deposit, discard or otherwise dispose of litter in or upon any public or private property within Russell County, with or without permission of the owner, including, but not limited to any street, sidewalk, park, body of water, vacant or unoccupied lot, except in public litter receptacles, or in authorized private litter receptacles provided for public use, or in an area designated by the State Department of Health as a permitted disposal site.

When a violation of the provisions of this section has been observed by any person, and the matter dumped or disposed of in the highway, right-of-way,

Waste generator means the person who actually produces waste intended for disposal at the landfill.

Waste management facility (See also Solid Waste Management Facility) means that area designated by the County Administrator for the collection of refuse intended for disposal at the Transfer Station or Collection Centers.

White goods means refrigerators, stoves, clothes dryers, washing machines, water heaters, window air conditioners and other large appliances of similar size or character, and waste metal products.

Yard waste means decomposable waste materials generated by yard and lawn care, and include leaves, grass trimmings, brush up to six inches in diameter and shrubs and tree trimmings arising from general landscaping maintenance. This shall not include roots or stumps that exceed four inches in diameter.

Where terms are not defined in this Ordinance and the context or practice requires definition they shall have the meaning specified in Chapter 14 of Title 10.1 of the Code of Virginia, 1950, as amended and/or specified in other relevant statutes, and/or the Solid Waste Management Regulations of the Virginia Department of Environmental Quality, as now or hereafter adopted as ate applicable.

In case of conflict, the statutes and regulations applicable to the particular requirement involved shall prevail over those in this Ordinance.

Sec. 17.2-203. General prohibitions.

A. Moving Violations

  1. Littering Prohibited: Penalties

It shall be unlawful for any person to drop, deposit, discard or otherwise dispose of litter in or upon any public or private property within Russell County, with or without permission of the owner, including, but not limited to any street, sidewalk, park, body of water, vacant or unoccupied lot, except in public litter receptacles, or in authorized private litter receptacles provided for public use, or in an area designated by the State Department of Health as a permitted disposal site.

When a violation of the provisions of this section has been observed by any person, and the matter dumped or disposed of in the highway, right-of-way,

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property adjacent to such highway or right-of-way, or private property has been ejected from a motor vehicle, the owner or operator of such motor vehicle shall be presumed to be the person ejecting such trash, garbage, refuse or other unsightly matter; provided, however, that such presumption shall be rebuttable by competent evidence.

Any person found guilty of a violation of this section shall be guilty of a Class 2 misdemeanor as punishable as provided in Section 17.2-206 of this Ordinance. Any second or subsequent offense shall constitute a Class 1 misdemeanor punishable as provided in Section 17.2-206 of this Ordinance.

  1. Uncovered Vehicles, Escape of Load No vehicle shall be driven or moved on any highway unless such vehicle is constructed or loaded to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom; provided, however, that sand or any substance to increase traction or water or other substance may be applied on a roadway in the cleaning or maintaining of such roadway by the state or local government agency having such responsibilities.
    No person in an aircraft shall throw out, drop or deposit within the County any litter or other object.
    Any operator of a vehicle from which an object has escaped, that may cause an obstruction or damage a vehicle or endanger travelers on such public property, shall immediately cause the public property to be cleaned of all objects and shall be responsible for all the costs of removal. Any person found guilty of a violation of this section shall be guilty of a Class 2 misdemeanor as punishable as provided in Section 17.2-206 of this Ordinance. Any second or subsequent offense shall constitute a Class 1 misdemeanor punishable as provided in Section 17.2-206 of this Ordinance.

B. Stationary Violations

  1. Areas Surrounding Commercial Establishments and Institutions

It shall be the duty of each proprietor and each operator of any business, industry, or institution to keep the adjacent and surrounding area clear and free of litter. These areas include, but are not limited to, public and private sidewalks, roads, and alleys, grounds, parking lots, loading and unloading areas, and all vacant lots which are owned or leased by said establishment or institution.

property adjacent to such highway or right-of-way, or private property has been ejected from a motor vehicle, the owner or operator of such motor vehicle shall be presumed to be the person ejecting such trash, garbage, refuse or other unsightly matter; provided, however, that such presumption shall be rebuttable by competent

evidence.

Any person found guilty of a violation of this section shall be guilty of a Class 2 misdemeanor as punishable as provided in Section 17.2-206 of this Ordinance. Any second or subsequent offense shall constitute a Class 1 misdemeanor punishable as provided in Section 17.2-206 of this Ordinance.

  1. Uncovered Vehicles, Escape of Load.

No vehicle shall be driven or moved on any highway unless such vehicle is constructed or loaded to prevent any of its load from dropping, sifting, leaking, or otherwise escaping thereffom; provided, however, that sand or any substance to increase traction or water or other substance may be applied ona roadway in the cleaning or maintaining of such roadway by the state or local government agency having such responsibilities.

No personiinvan aircraft shall throw out, drop or deposit within the County any litter or other object.

Any operator of a vehicle from which an object has escaped, that may cause an obstruction or damage a vehicle or endanger travelers on such public property, shall immediately cause the public property to be cleaned of all objects and shalll be responsible for all the costs of removal.

Any person found guilty of a violation of this section shall be guilty of a Class 2 misdemeanor as punishable as provided in Section 17.2-206 of this Ordinance. Any second or subsequent offense shall constitute a Class 1 misdemeanor punishable as provided in Section 17.2-206 of this Ordinance.

B. Stationary Violations

  1. Areas Surrounding Commercial Establishments and Institutions

It shalll be the duty of each proprietor and each operator of any business, industry, or institution to keep the adjacent and surrounding area clear and free of litter. These areas include, but are not limited to, public and private sidewalks,

roads, and alleys, grounds, parking lots, loading and unloading areas, and all

vacant lots which are owned or leased by said establishment or institution.

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Any person found guilty of a violation of this section shall be guilty of a Class 2 misdemeanor punishable as provided in Section 17.2-206 of this Ordinance.

  1. Keeping Exterior of Residential and Commercial Property Clean

It shall be the duty of each residential property owner and tenant to keep all exterior private property free of litter. The owner of occupant of any premises within the County shall be responsible for sanitary conditions of such premises, and it shall be unlawful for any person to place, deposit or allow to be placed or deposited on his premises any solid waste, except as designated by the terms of this Ordinance. It shall be the duty of each owner and tenant to keep all exterior property free of litter or waste, these areas shall include, but not be limited to: sidewalks, public roads, alleys and driveways; yards and grounds; fences; walls and property lines; drainages and vacant lots in both residential and commercial areas. Any violation of this subsection shall constitute a Class 2 misdemeanor punishable as provided in Section 17.2-206 of this Ordinance.

No person shall sweep into or deposit in any gutter, public road, street or water body within the County the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. This includes, but is not limited to, rubbish, which includes grass clippings, hedge trimmings, leaves, pine needles, paper, plastic or other materials classified as litter or waste must be placed in an approved container and properly disposed. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter. Any violation of this subsection shall constitute a Class 3 misdemeanor punishable as provided in Section 17.2-206 of this Ordinance.

Upon violation of this section, the County may proceed against either the tenant, owner or person in control or against all such persons. A warning citation as provided in Section 17.2-204(b) of this Ordinance shall be served on the owner or occupant of any premises upon which solid waste is found in violation of this section, giving the owner or occupant ten (10) days to remove such solid waste. If the owner or occupant does not comply with the terms of

Any person found guilty of a violation of this section shall be guilty of a Class 2 misdemeanor punishable as provided in Section 17.2-206 of this Ordinance.

  1. Keeping Exterior of Residential and Commercial Property Clean

It shall be the duty of each residential property owner and tenant to keep all exterior private property free of litter. The owner of occupant of any premises within the County shall be responsible for sanitary conditions of such premises, and it shall be unlawful for any person to place, deposit or allow to be placed or deposited on his premises any solid waste, except as designated by the terms of this Ordinance. It shall be the duty of each owner and tenant to keep all exterior property free of litter or waste, these areas shall include, but not be limited to: sidewalks, public roads, alleys and driveways; yards and grounds; fences; walls and property lines; drainages and vacant lots in both residential and commercial areas. Any violation of this subsection shall constitute a Class 2 misdemeanor punishable as provided in Section 17.2-206 of this Ordinance.

No person shall sweep into or deposit in any gutter, public road, street or water body within the County the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. This includes, but is not limited to, rubbish, which includes grass clippings, hedge trimmings, leaves, pine needles, paper, plastic or other materials classified as litter or waste must be placed in an approved container and properly disposed. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter. Any violation of this subsection shall constitute a Class 3 misdemeanor punishable as provided in Section 17.2-206 of this Ordinance.

Upon violation of this section, the County may proceed against either the tenant, owner or person in control or against all such persons. A warning citation as provided in Section 17.2-204(b) of this Ordinance shall be served on the owner or occupant of any premises upon which solid waste is found in violation of this section, giving the owner or occupant ten (10) days to remove such solid waste. If the owner or occupant does not comply with the terms of

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such citation, he or she shall be served a summons for violation of this section.

This section shall not be deemed to prohibit the accumulation of litter awaiting the next regularly scheduled refuse or garbage collection if such property is served by the regularly scheduled garbage, refuse or litter collection. Such collections shall be deemed to be regular if such collection regularly occurs at least once per week or more frequently.

  1. Indiscriminate Dumping or Discarding of Litter and Solid Waste

It shall be unlawful for any person to discard or dump along any street or road, on or off the right-of-way, any form of solid waste, rubbish, refuse, junk, motor vehicle or vehicle part, rubber tires, appliances, furniture, or any other material or equipment, on public or private property, with or without permission of the property owner, except in County approved receptacles provided for public use for the deposit of said material, or except in an area designated by the State Department of Health as a permitted solid waste disposal site or collection facility.

C. Cleanup of Improperly Disposed Litter or Solid Waste

  1. Cleanup of Premises by County Authorization

The owners of property within the County shall, within fourteen (14) days of receiving written notice from the County, remove from the property any and all trash, garbage, refuse, litter and other substances which might endanger the health or safety of other residents of the County.

If after fourteen (14) days of receiving the notice, the owners of such property have failed to take action as directed by the notice, the County may have such trash, garbage, refuse, litter and other substances which might endanger the health or safety of other residents of the County, removed by its own agents or employees, in which event the cost or expense thereof shall be chargeable to and paid by the owners of such property and may be collected by the County as taxes are collected.

such citation, he or she shall be served a summons for violation of this section.

This section shall not be deemed to prohibit the accumulation of litter awaiting the next regularly scheduled refuse or garbage collection if such property is served by the regularly scheduled garbage, refuse or litter collection. Such collections shall be deemed to be regular if such collection regularly occurs at least once per week or more frequently.

  1. Indiscriminate Dumping or Discarding of Litter and Solid Waste

It shall be unlawful for any person to discard or dump along any street or road, on or off the right-of-way, any form of solid waste, rubbish, refuse, junk, motor vehicle or vehicle part, rubber tires, appliances, furniture, or any other material or equipment, on public or private property, with or without permission of the property owner, except in County approved receptacles provided for public use for the deposit of said material, or except in an area designated by the State Department of Health as a permitted solid waste disposal site or collection facility.

C. Cleanup of Improperly Disposed Litter or Solid Waste

  1. Cleanup of Premises by County Authorization

The owners of property within the County shall, within fourteen (14) days of receiving written notice from the County, remove from the property any and all trash, garbage, refuse, litter and other substances which might endanger the health or safety of other residents of the County.

If after fourteen (14) days of receiving the notice, the owners of such property have failed to take action as directed by the notice, the County may have such trash, garbage, refuse, litter and other substances which might endanger the health or safety of other residents of the County, removed by its ‘own agents or employees, in which event the cost or expense thereof shall be chargeable to and paid by the owners of such property and may be collected by the County as taxes are collected.

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Execution of the notice to remove litter shall be in writing and shall be in the form set forth in Section 17.2-204 (b) of this ordinance and served by personal service, posted service or sent by registered mail.

Every charge authorized by this section with which the owner of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property ranking on a parity with liens for unpaid local taxes and enforceable in the same manner as provided in Articles 3 (§58.1-3940 et seq) and 4 (§ 58.1-3965 et seq) of Chapter 39 of Title 58.1 of the Code of Virginia, 1950, as amended. The County may waive such liens in order to facilitate the sale of the property. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed.

A violation of this section shall be subject to a civil penalty, not to exceed $50.00 for the first violation, or violations arising from the same set of operative facts. The civil penalty subsequent violations not arising from the same set of operative facts within 12 months of the first violation shall not exceed $200.00. Each business day during which the same violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violation arising from the same set of operative facts result in civil penalties that exceed a total of $3,000.00 in a 12-month period.1

In the event three civil penalties have previously been imposed on the same defendant for the same or similar violation, not arising from the same set of operative facts, within a 24-month period a violation of this subsection shall be a Class 3 misdemeanor.2

D. Litter Receptacles

  1. Use of Receptacles

a. It shall be unlawful to deposit any item or items except litter in any receptacle placed for public use as a depository for littler. Any item or items, including litter, which are expressly prohibited from being placed in said receptacle by a sign or other writing located on or

1 See §15.2-901 © for enabling act authorizing civil penalty by ordinance.
2 See §15.2-901 (D) for enabling act authorizing Class 3 misdemeanor when three civil penalties have occurred.

Execution of the notice to remove litter shall be in writing and shall be in the form set forth in Section 17.2-204 (b) of this ordinance and served by personal service, posted service or sent by registered mail.

Every charge authorized by this section with which the owner of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property ranking on a parity with liens for unpaid local taxes and enforceable in the same manner as provided in Articles 3 (§58.1-3940 et seq) and 4 (§ 58.1-3965 et seq) of Chapter 39 of Title 58.1 of the Code of Virginia, 1950, as amended, The County may waive such liens in order to facilitate the sale of the property. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed.

A violation of this section shall be subject to a civil penalty, not to exceed $50.00 for the first violation, or violations arising from the same set of operative facts. The civil penalty subsequent violations not arising from the same set of operative facts within 12 months of the first violation shall not exceed $200.00. Each business day during which the same violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violation arising from the same set of operative facts result in civil penalties that exceed a total of $3,000.00 in a 12-month period."

In the event three civil penalties have previously been imposed on the same defendant for the same or similar violation, not arising from the same set of operative facts, within a 24-month period a violation of this subsection shall bea Class 3 misdemeanor.*

D. Litter Receptacles

  1. Use of Receptacles a. Itshall be unlawful to deposit any item or items except litter in any

receptacle placed for public use as a depository for littler. Any item or items, including litter, which are expressly prohibited from being placed in said receptacle by a sign or other writing located on or

  • See §15.2-901 © for enabling act authorizing civil penalty by ordinance. See §15.2-901 (D) for enabling act authorizing Class 3 misdemeanor when three civil penalties have occurred.

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around the receptacle, shall not be placed or deposited in said receptacle.

b. Any violation of this subsection shall constitute a Class 2 misdemeanor. A second or subsequent offense shall constitute a Class 1 misdemeanor.

  1. Providing Adequate Litter Receptacles for Businesses

It shall be the duty of any person owning or operation any commercial establishment to provide receptacles adequate to contain the litter generated at said establishment. The penalty established for violation of this subsection shall be twenty-five ($25.00) dollars for each day of violation. The offender shall receive a summons from the enforcement officer for any violation of this subsection. The offender may pay the fine in lieu of appearing in court on any first offense.

  1. Providing Adequate Litter Receptacles for Residences a. All household solid waste shall be contained in receptacles or containers

which conform to standards established by the Russell County Board of Supervisors.

b. It shall be unlawful for any person to use an old appliance or other container deemed unacceptable by the County for trash collection.

c. Any violation of this subsection shall constitute a Class 3 misdemeanor. E. Improper Disposal of Waste

  1. Depositing Improper Waste in Receptacles or Facilities

a. It shall be unlawful to improperly dispose of any solid waste as defined in this Ordinance at a facility operated for or in a receptacle placed for public or private use. Improper disposal shall mean and include the depositing in such facility of solid waste which is not accepted or authorized for disposal by such facility. The types of waste not accepted at any such facility shall be displayed at the entrance of such facility or on the receptacle.

F. Enforcement of Litter Laws; Prosecution; Presumption

  1. Enforcement

a. Prosecution for a violation of any provision of this act may be initiated by the County Building Inspector, law enforcement officer, litter control officer, or private citizen.

around the receptacle, shall not be placed or deposited in said receptacle. b. Any violation of this subsection shall constitute a Class 2 misdemeanor. A second or subsequent offense shall constitute a Class 1 misdemeanor. 2. Providing Adequate Litter Receptacles for Businesses

It shall be the duty of any person owning or operation any commercial establishment to provide receptacles adequate to contain the litter generated at said establishment. The penalty established for violation of this subsection shall be twenty-five ($25.00) dollars for each day of violation. The offender shall receive a summons from the enforcement officer for any violation of this subsection. The offender may pay the fine in lieu of appearing in court on any first offense.

  1. Providing Adequate Litter Receptacles for Residences a. All household solid waste shall be contained in receptacles or containers

which conform to standards established by the Russell County Board of Supervisors:

b. It shall be unlawful for any person to use an old appliance or other container deemed unacceptable by the County for trash collection.

c._ Any violation of this subsection shall constitute a Class 3 misdemeanor.

E. Improper Disposal of Waste

1, Depositing Improper Waste in Receptacles or Facilities a. It shall be unlawful to improperly dispose of any solid waste as

defined in this Ordinance at a facility operated for or in a receptacle placed for public or private use. Improper disposal shall mean and include the depositing in such facility of solid waste which is not accepted or authorized for disposal by such facility. The types of waste not accepted at any such facility shall be displayed at the entrance of such facility or on the receptacle.

F. Enforcement of Litter Laws; Prosecution; Presumption

  1. Enforcement a. Prosecution for a violation of any provision of this act may be initiated by the County Building Inspector, law enforcement officer, litter control officer, or private citizen.

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  1. Authorization of County Litter Control Office to Bring Civil Action Whereas Section 10.1-1418.1 of the Code of Virginia, 1950, as amended authorizes the County to bring a civil action against any person who improperly disposes of solid waste on the property of the County, without the County’s permission. Whenever a court of competent jurisdiction finds that a person has improperly disposed of solid waste upon the County’s property, without the County’s permission, the court shall assess a civil penalty of up to five thousand dollars ($5,000.00) against such defendant, along with costs and reasonable attorney’s fees. Any civil penalty assessed pursuant to this subsection shall be paid into the Russell County treasury.

  2. Assign –A-Highway Roadside and Illegal Dump Cleanup For Cleanup of roadside litter and identified illegal dumps within the County, it is hereby established a program pursuant to Section 53.1-129 of the Code of Virginia, 1950, as amended, and the Sheriff of the County and any of his deputies and any Special Conservator of the Peace/Litter Office who has been approved by a court of competent jurisdiction shall be permitted to utilize probationers or remove inmates from the County or Regional Jail under their supervision to work in this program providing that any such inmate has been specifically approved to be permitted to participate in this program by the Sheriff and by the Court. Probationers will be assigned to two-mile designated sections of highway, cleaned up every two weeks for the duration of their assignment to this program. Inmates shall be utilized only for the cleanup for illegal dumps identified by the County Litter Control Department. During the cleanup of illegal dumps, the Special Conservator of the Peace/Litter Control Officer or the Sheriff or his deputies will be present during this volunteer work.

Sec. 17.2-204. Removal, disposal of trash and garbage.

(a) The owners of property in the county shall not accumulate thereon and shall remove there from any and all trash, garbage, refuse, litter and other substances which might endanger the health or safety of other residents of the county.

(b) Notice to property owner:

  1. The Board of Supervisors may, when it deems it necessary, give written

notice to the owner of any property in the county, and to the person primarily responsible for such property, if different from the owner and if

  1. Authorization of County Litter Control Office to Bring Civil Action Whereas Section 10.1-1418.1 of the Code of Virginia, 1950, as amended

authorizes the County to bring a civil action against any person who improperly disposes of solid waste on the property of the County, without the County’s permission. Whenever a court of competent jurisdiction finds that a person has improperly disposed of solid waste upon the County’s property, without the County’s permission, the court shall assess a civil penalty of up to five thousand dollars ($5,000.00) against such defendant, along with costs and reasonable attorney’s fees. Any civil penalty assessed pursuant to this subsection shall be paid into the Russell County treasury. 3. Assign ~A-Highway Roadside and Illegal Dump Cleanup

For Cleanup of roadside litter and identified illegal dumps within the County, it is hereby established a program pursuant to Section 53.1-129 of the Code of Virginia, 1950, as amended, and the Sheriff of the County and any of his deputies and any Special Conservator of the Peace/Litter Office who has been approved by a court of competent jurisdiction shall be permitted to utilize probationers or remove inmates from the County or Regional Jail under their supervision to work in this program providing that any such inmate has been specifically approved to be permitted to participate in this program by the Sheriff and by the Court. Probationers will be assigned to two-mile designated sections of highway, cleaned up every two weeks for the duration of their assignment to this program. Inmates shall be utilized only for the cleanup for illegal dumps identified by the County Litter Control Department. During the cleanup of illegal dumps, the Special Conservator of the Peace/Litter Control Officer or the Sheriff or his deputies will be present during this volunteer work.

Sec. 17.2-204. Removal, disposal of trash and garbage.

(a) The owners of property in the county shall not accumulate thereon and shall remove there from any and all trash, garbage, refuse, litter and other substances which might endanger the health or safety of other residents of the county.

(b) Notice to property owner:

  1. The Board of Supervisors may, when it deems it necessary, give written notice to the owner of any property in the county, and to the person primarily responsible for such property, if different from the owner and if

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know, stating the facts that constitute a violation of subsection (a) of this section and directing such person or persons to take such action as may be necessary to rectify the conditions within 14 days from the date of the notice.

  1. The notice required by the section shall be certified or registered mail to the last known address, or by hand delivery by the Sheriff of the County, his deputy, the county sanitation office or the designee of the County Administrator, to the owner of the property and to the person primarily responsible for such property, if different from the owner and if known, The notice shall be substantially in the following form:

NOTICE TO REMOVE TRASH, GARBAGE, REFUSE, LITTER AND OTHER SUBSTANCES

To: ____________________________ Responsible Party

AT: _________________________


Address of property


Tax Map Number

Pursuant to Code of Virginia §15.2-802 of the Ordinances of Russell County, Virginia, you are hereby notified to remove, within 14 days after the date of this notice, all trash, garbage, refuse, litter and other substances that endanger the health or safety of other residents of the county, in particular (describe the conditions). Upon your failure to remove the same, the county’s agents or employees may remove such trash, garbage, refuse, litter and other substances that endanger the health or safety of other residents of the county, and the cost and expenses of such removal shall be chargeable to and paid by the owner of such property and may be collected by the county as taxes and levies are collected and shall constitute a lien on the property.

© If the property is not cleaned up after receiving the notice required in subsection (b) of this section, the Board of Supervisors may have such trash, garbage, refuse, litter and other like substances that might endanger the health of other residents of the county removed by the county’s own agents and employees, in which event the cost and expenses thereof shall be chargeable to and paid by the

know, stating the facts that constitute a violation of subsection (a) of this section and directing such person or persons to take such action as may be necessary to rectify the conditions within 14 days from the date of the notice.

  1. The notice required by the section shalll be certified or registered mail to the last known address, or by hand delivery by the Sheriff of the County, his deputy, the county sanitation office or the designee of the County Administrator, to the owner of the property and to the person primarily responsible for such property, if different from the owner and if known, The notice shall be substantially in the following form:

NOTICE TO REMOVE TRASH, GARBAGE, REFUSE, LITTER AND OTHER SUBSTANCES

| aT:

To: Address of property Responsible Party

Tax Map Number

Pursuant to Code of Virginia §15.2-802 of the Ordinances of Russell County, Virginia, you are hereby notified to remove, within 14 days after the date of this notice, all trash, garbage, refuse, litter and other substances that endanger the health or safety of other residents of the county, in particular (describe the conditions). Upon your failure to remove the same, the county’s agents or employees may remove such trash, garbage, refuse, litter and other substances that endanger the health or safety of other residents of the county, and the cost and expenses of such removal shall be chargeable to and paid by the owner of such property and may be collected by the county as taxes and levies are collected and shall constitute a lien on the property.

(0) If the property is not cleaned up after receiving the notice required in subsection (b) of this section, the Board of Supervisors may have such trash, garbage, refuse, litter and other like substances that might endanger the health of other residents of the county removed by the county’s own agents and employees, in which event the cost and expenses thereof shall be chargeable to and paid by the

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owners of such property and may be collected by the county as taxes and levies are collected.

(d) Every charge authorized by this section with which the owner and lien holder of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property ranking on a parity with lien for unpaid local taxes and enforceable in the same manner as provided in Code of Virginia, §§ 58.1-3940 et seq. and 58.1-3965 et seq.

(e) Trash, garbage, refuse, litter and other debris shall be disposed of in personally owned or privately owned receptacles that are provided for such use and for the use of the persons and disposing such matter or in authorized facilities provided for such purpose, and in no other manner not authorized by law.

§ 17.2-205. Dumping Trash on Highway, Right-Of-Way or Private Property.

(a) It shall be unlawful for any person to dump or otherwise dispose of trash, garbage, refuse, litter or other unsightly matter, on public property, including a public highway, right-of-way, property adjacent to such highway or right-of- way, or on private property without the written consent of the owner thereof or his agent.

(b) When any persons is arrested for a violation of this section, and the matter alleged to have been illegally dumped or disposed of has been ejected from a motor vehicle or transported to the disposal site in a motor vehicle, the arresting officer may comply with the provisions of Code of Virginia, §46.2-936, in making such arrest.

© When a violation of the provisions of this section has been observed by any person, and the matter illegally dumped or disposed of has been ejected or removed from a motor vehicle, the owner or operator of such motor vehicle shall be presumed to be the person ejecting or disposing of such matter. However, such presumption shall be rebuttable by competent evidence.

(d) Any person who violates this section shall, upon conviction, be guilty of a Class 1 misdemeanor punishable by confinement in jail for not more than twelve (12) months and a fine of not less than $250.00 nor more than $2,500.00, either or both.

(e) The provisions of this section shall not apply to the lawful disposal of such matter in landfills, the county transfer station or county convenience stations.

(f) The Commonwealth Attorney of Russell County, Virginia or his designee shall be responsible for all prosecutions under this section.

‘owners of such property and may be collected by the county as taxes and levies are collected.

(a) Every charge authorized by this section with which the owner and lien holder of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property ranking on a parity with lien for unpaid local taxes and enforceable in the same manner as provided in Code of Virginia, § 58.1-3940 et seq, and 58.1-3965 et seq.

(e) Trash, garbage, refuse, litter and other debris shall be disposed of in personally ‘owned or privately owned receptacles that are provided for such use and for the use of the persons and disposing such matter or in authorized facilities provided for such purpose, and in no other manner not authorized by law.

§ 17.2-205. Dumping Trash on Highway, Right-Of-Way or Private Property.

(a) It shall be unlawful for any person to dump or otherwise dispose of trash, garbage, refuse, litter or other unsightly matter, on public property, including a public highway, right-of-way, property adjacent to such highway or right-of- way, or on private property without the written consent of the owner thereof or his agent.

(b) When any persons is arrested for a violation of this section, and the matter alleged to have been illegally dumped or disposed of has been ejected from a motor vehicle or transported to the disposal site in a motor vehicle, the arresting officer may comply with the provisions of Code of Virginia, §46.2-936, in making such arrest.

(©) When a violation of the provisions of this section has been observed by any person, and the matter illegally dumped or disposed of has been ejected or removed from a motor vehicle, the owner or operator of such motor vehicle shall be presumed to be the person ejecting or disposing of such matter. However, such presumption shall be rebuttable by competent evidence.

(d) Any person who violates this section shall, upon conviction, be guilty of a Class 1 misdemeanor punishable by confinement in jail for not more than twelve (12) months and a fine of not less than $250.00 nor more than $2,500.00, either or both.

(e) The provisions of this section shalll not apply to the lawful disposal of such matter in landfills, the county transfer station or county convenience stations.

(f) The Commonwealth Attorney of Russell County, Virginia or his designee shall be responsible for all prosecutions under this section.

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§17.2-206. Penalties.

The authorized punishments for a conviction of a misdemeanor are:

(a) For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500.00, either or both.

(b) For Class 2 misdemeanors, confinement in jail for not more than six months and fine of not more than $1,000.00, either or both.

© For Class 3 misdemeanors, a fine of not more than $500.00. (d) For Class 4 misdemeanors, a fine of not more than $250.00.

§17.2-207. Effective Date of Ordinance.

This ordinance shall be effective on the ____ day of ___________, 2018. The County Administrator is directed to file a certified copy of this Ordinance in the Offices of the Clerk of the General District Court of Russell County and the Clerk of the Circuit Court of Russell County.

Adopted this the _____ day of __________, 2018.

§17.2-206. Penalties. The authorized punishments for a conviction of a misdemeanor are:

(a) For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500.00, either or both.

(b) For Class 2 misdemeanors, confinement in jail for not more than six months and fine of not more than $1,000.00, either or both.

(0) For Class 3 misdemeanors, a fine of not more than $500.00.

(d) For Class 4 misdemeanors, a fine of not more than $250.00.

§17.2-207. Effective Date of Ordinance.

  1. The County Administrator is directed to file a certified copy of this Ordinance in the Offices of the Clerk of the General District Court of Russell County and the Clerk of the Circuit Court of Russell County.

This ordinance shall be effective on the day of

Adopted this the day of 2018.

17

AN ORDINANCE OF THE COUNTY OF RUSSELL PERTAINING TO NOISE CONTROL AND IMPOSING

PENALTIES FOR EXCESSIVE NOISE

BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF RUSSELL COUNTY, VIRGINIA, THAT THE FOLLOWING ORDINANCES NEWLY ADOPTED:

NOISE CONTROL

Section 1. Declaration of policy.

At certain levels, noise can be detrimental to the health, welfare, safety and

quality of life of inhabitants of the county, and in the public interest noise should be

controlled. It is, therefore, the policy of the county to reduce noise in the county and to

prohibit unnecessary, excessive, and annoying noises from all sources subject to its police

power.

Section 2. Definitions.

For the purposes of this article, certain terms shall have the meanings ascribed to

them in this section, unless the contest clearly indicates otherwise:

Dwelling complex means an apartment complex, residential condominium or any

other collection of dwelling units, which are located on a single tract, or parcel of real

property.

Dwelling unit means one or more rooms arranged, designed or intended to be

occupied as separate living quarters by one or more persons and including permanent

provisions for living, sleeping, eating, cooking and sanitation.

Large party public nuisance means a gathering of ten or more people where the

gathering is not contained within a structure, but spills outdoors into balconies, yards,

common areas, parking lots, or other outdoor spaces, which creates a noise disturbance.

Motor vehicle means every vehicle defined as a motor vehicle by § 46.2-100 of

the Code of Virginia (1950), as amended.

Noise disturbance means any sound which by its character, intensity and duration:

(1) Endangers or injures the health or safety of persons within the

county, or

AN ORDINANCE OF THE COUNTY OF RUSSELL PERTAINING TO NOISE CONTROL AND IMPOSING PENALTIES FOR EXCESSIVE NOISE BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF RUSSELL COUNTY, VIRGINIA, THAT THE FOLLOWING ORDINANCES NEWLY

ADOPTED:

NOISE CONTROL

Section 1, Declaration of policy.

At certain levels, noise can be detrimental to,

ealth, welfare, safety and quality of life of inhabitants of the county, and i ublic interest noise should be controlled. It is, therefore, the policy of the coy joise in the county and to prohibit unnecessary, excessive, and annoyi subject to its police power. Section 2, Definitions, For the purposes of this 4 certs II have the meanings ascribed to them in this section, unless the conts

Dwelling comp

ins a gathering of ten or more people where the gathering is nol in a structure, but spills outdoors into balconies, yards,

‘common areas, park! other outdoor spaces, which creates a noise disturbance.

Motor vehicle means every vehicle defined as a motor vehicle by § 46.2-100 of the Code of Virginia (1950), as amended. Noise disturbance means any sound which by its character, intensity and duration: (1) Endangers or injures the health or safety of persons within the

county, or

(2) Annoys or dis turbs reasonable persons of normal

sensi t ivi t ies within the county.

Public property means any real property owned or controlled by the county or any

governmental entity.

Real right-of-way means any street, avenue, boulevard, highway, sidewalk or

alley.

Real property boundary means the property line along the ground surface, and its

vertical extension, which separates the real property owned by one person from that

owned by another person.

Residential has reference to single-family, two-family, and multifamily zoning

district classifications, pursuant to the Russell County Zoning Ordinance.

Sound means an oscillation in pressure, particle displacement, particle velocity, or

other physical parameter, in a medium with internal forces that cause compression and

rare fraction of characteristic of sound, including duration, intensity and frequency.

Section 3. Noise disturbances – Prohibited generally.

It shall be a public nuisance for any person to willfully make, permit to be made,

continue or cause to be made, permitted or continued any noise disturbance and upon

being found guilty thereof, such person shall be subject to a fine of not less than $100.00

and not more than $500.00 for each violation.

Section 4. Same – Specific prohibitions.

Subject, to the exceptions provided in Section 5, any of the following acts, or the

causing or permitting thereof, among others, is declared to be a noise disturbance

constituting a public nuisance in violation of this ordinance, but such enumeration shall

not be deemed to be exclusive:

(1) Radios, television sets, musical instruments and similar devices.

Operating, playing or permitting the operation or playing of any radio, amplifier,

television, record, tape or compact disc player, drum, musical instrument or

similar device:

a. On Sunday through Thursday, between the hours of 11:00 p.m. and

8:00 a.m. and on Friday and Saturday, between the hours of

midnight and 8:00 a.m. in such manner as to be heard across a

(2) Annoys or disturbs reasonable persons of normal sensitivities within the county.

Public property means any real property owned or controlled by the county or any governmental entity.

Real right-of-way means any street, avenue, boulevard, highway, sidewalk or alley.

Real property boundary means the property line along the ground surface, and its vertical extension, which separates the real property owned by one person from that ‘owned by another person.

Residential has reference to single-family, tw ly, and multifamily zoning

district classifications, pursuant to the Russell Cot

Operating, playing oF permitting the operation or playing of any radio, amplifier,

television, record, tape or compact disc player, drum, musical instrument or similar device:

a. On Sunday through Thursday, between the hours of 11:00 p.m. and

:00 a.m, and on Friday and Saturday, between the hours of

midnight and 8:00 a.m. in such manner as to be heard across a

residential real property boundary or when the sound source is

located within or on the grounds of a dwelling complex in such

manner as to permit sound to be heard within any dwelling unit of

the dwelling complex other than a dwelling unit from which sound

emanates; or

b. When the sound source is located within or upon a motor vehicle

on or upon public right-of-way or public property or on the

grounds of a dwelling complex and the sound can be heard more

than 50 feet from its source.

(2) Loudspeakers, public address systems and sound trucks.

a. Using, operating, or permitting the operation of any

loudspeaker, public address system, mobile sound vehicle or

similar device amplifying sound therefrom on a public right-of-

way or public property for any commercial purposes; or

(3) Horns, whistles, etc. Sounding or permitting the sounding of any horn,

whistle or auditory sounding device on or in any motor vehicle on any

public right-of-way or public property, except as a warning of danger.

(4) Yelling, shouting, etc. Yelling, shouting, whistling or singing between the

hours of 11:00 p.m. and 8:00 a.m. from Sunday through Thursday, and

between the hours of midnight to 8:00 a.m. on Friday and Saturday, so as

to create a noise disturbance across a residential real property boundary or

on a public right-of-way or public property or so as to create a noise

disturbance to any occupant of a dwelling unit in a dwelling complex other

than a dwelling unit from which such noise emanates.

(5) Schools, public buildings, churches and hospitals. The creation of any

noise disturbance within any school, court, public building, church or

hospital or on the grounds thereof.

(6) Any large party public nuisance as defined hereinabove, occurring at any

hour of the day or night.

residential real property boundary or when the sound source is located within or on the grounds of a dwelling complex in such manner as to permit sound to be heard within any dwelling unit of the dwelling complex other than a dwelling unit from which sound emanates; or

b. When the sound source is located within or upon a motor vehicle on or upon public right-of-way or public property or on the grounds of a dwelling complex and the sound can be heard more

than 50 feet from its source.

(2) Loudspeakers, public address systems und trucks. a Using, operating, or the operation of any

loudspeaker, public ile sound vehicle or

hospital or on the grounds thereof.

(6) Any large party public nuisance as defined hereinabove, occurring at any

hour of the day or night.

Section 5. Same – Exceptions.

Sections 3 and 4 of this ordinance shall have no application to any sound

generated by any of the following:

(1) Sound which is reasonably necessary for the protection or preservation of

property or the health, safety, life or limb of any person.

(2) Non-commercial public speaking and public assembly activities conducted

on any public right-of-way or public property for which a permit has been

issued by the county, within such hours, at such locations and with such

other limitations as may be imposed for the issuance of the permit.

(3) Radios, sirens, horns and bells on police, fire or other emergency response

vehicles when operated pursuant to the intended purposes of such

vehicles.

(4) Parades, fireworks, school-related activities and other special events or

activities for which a permit has been issued by the county, within such

hours, at such locations and subject to such other limitations as may be

imposed as conditions for the issuance of the permit.

(5) Activities on or in municipal and school athletic facilities and on publicly

owned property and facilities which have been specifically authorized in

advance by the owner or agent in charge of such property or facility;

provided that such activities do not take place between the hours of 11:00

p.m. and 8:00 a.m., on Sunday through Thursday, or between the hours of

midnight and 8:00 a.m., on Friday and Saturday.

(6) Fire alarms and burglar alarms complying with Chapter 3.1 of this Code.

(7) The operation of mobile lawn and garden equipment powered by an

internal combustion engine such as lawn mowers, pressure washers, weed

eaters, leaf blowers and chain saws; provided the operation of such

equipment is limited to the hours of 6:00 a.m. to 9:00 p.m., and such

equipment is operated with the original manufacturer’s equipped or

equivalent muffler(s) or other sound dissipating devices.

(8) The construction, repair, maintenance, demolition or alteration of

structures; streets and other vehicular ways; sewer, water, electric, gas,

cable and other utility lines; or the clearing or excavation of property and

related activities between the hours of 6:00 a.m. and 9:00 p.m.; except that

emergency operations necessary for the health, safety and welfare of the

Section 5. Same — Exceptions.

Sections 3 and 4 of this ordinance shall have no application to any sound

generated by any of the following:

(2)

QB)

(4)

(8)

Sound which is reasonably necessary for the protection or preservation of property or the health, safety, life or limb of any person.

Non-commercial public speaking and public assembly activities conducted on any public right-of-way or public property for which a permit has been issued by the county, within such hours, at such locations and with such

other limitations as may be imposed for thedsuance of the permit.

Radios, sirens, horns and bells on poli or other emergency response vehicles when operated pursuant tended purposes of such vehicles. ited activities and

Parades, fireworks, schoo! special events or

in charge of such property or facility; ot take place between the hours of 11:00

ion engine such as lawn mowers, pressure washers, weed caters, Teif Blowers and chain saws; provided the operation of such equipment is limited to the hours of 6:00 a.m. to 9:00 p.m., and such equipment is operated with the original manufacturer’s equipped or equivalent mufiler(s) or other sound dissipating devices.

The construction, repair, maintenance, demolition or alteration of

structures; streets and other vehicular ways; sewer, water, electric, gas, cable and other utility lines; or the clearing or excavation of property and

related activities between the hours of 6:00 a.m. and 9:00 p.m.; except that

emergency operations necessary for the health, safety and welfare of the

county and its residents may be conducted at any time.

(9) The operation of equipment and machinery in any lawful business in the

normal course of such business, or in planting, tending or harvesting

activities in a zoning district where agriculture business operations are

allowed, whether such agriculture operations are allowed of right or

legally non-conforming.

(10) Activities permitted by law for which a specific license or permit for a

demonstrated public purpose has been granted by the county, state or

federal government; including, but no limited to, noise generated by and

necessary for the conduct of public festivals, operations or airplanes and

operations of trains, railway stations, railway yards, and celebrations of

recognized federal, state and local holidays.

(11) Lawful and permitted sports activities.

Adopted by the Board of Supervisors of Russell County, Virginia on this _____ day of

_ _ _ _ _ _ _ _ _ _ , 20__.

THIS ORDINANCE SHALL BE EFFECTIVE UPON ADOPTION

county and its residents may be conducted at any time.

(9) The operation of equipment and machinery in any lawful business in the normal course of such business, or in planting, tending or harvesting activities in a zoning district where agriculture business operations are allowed, whether such agriculture operations are allowed of right or legally non-conforming.

(10) Activities permitted by law for which a specific license or permit for a demonstrated public purpose has been granted by the county, state or

federal government; including, but no limited to, noise generated by and

necessary for the conduct of public f . operations or airplanes and

operations of trains, railway stati yards, and celebrations of (11) Lawfal and permitted spi

irginia on this __ day of

THIS ORDID ON ADOPTION

Russell County Virginia “The Heart of Southwest Virginia”

Harry Ferguson Carl Rhea At-Large District 3

Tim Lovelace Rebecca Dye, Chairperson David Eaton District 1 District 6 District 4

Lou Ann Wallace Steve Breeding, Vice-Chairman Lonzo Lester District 2 District 5 County Administrator

Russell County Government Center 137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011

www.russellcountyva.us

2018 Abandoned Mined Land Pilot Project Agreement

This Abandoned Mined Land (AML) Pilot Project Agreement (Agreement) is hereby entered into by the Virginia Department of Mines, Minerals and Energy (DMME) and Russell County Board of Supervisors for the purposes of documenting the agreement between the parties for Dante Community Redevelopment Project based on the following terms:

WHEREAS, the Subrecipient has submitted a complete application (Application [Attachment B]) under the Office of Surface Mining Reclamation and Enforcement’s (OSMRE) AML Pilot Program Guidance for Project Eligibility (Attachment C); and

WHEREAS, the Application has been reviewed by the AML Pilot Advisory Committee and submitted to OSMRE for vetting; and

WHEREAS, OSMRE is satisfied with the concept of the Project and that it meets the intent of the AML Pilot program and has given DMME notice to move forward by the issuance of a Letter to Proceed with project development (Attachment D); and

WHEREAS, OSMRE has determined that the applicant is approved for Subrecipient status (Attachment E); and

WHEREAS, DMME under OSMRE’s approval has authority to reimburse the Subrecipient out of the AML Pilot Grant for funds expended on Project Development Costs; and

WHEREAS, OSMRE’s approval of NEPA documents prepared by the Subrecipient, OSMRE’s subsequent issuance of a Finding of No Significant Impact (FONSI) and Authorization to Proceed (ATP) with construction, and DMME’s approval of project plans are required to finalize a project contract between DMME and the Subrecipient;

NOW, THEREFORE, the parties hereto mutually agree as follows:

ARTICLE I. OBLIGATIONS OF SUBRECIPIENT

  1. The Subrecipient agrees to be bound by the AML PILOT TERMS AND CONDITIONS (TERMS AND CONDITIONS) in their entirety as included as Attachment A.

  2. The Subrecipient agrees to be responsive within 5 business days to DMME questions communicated appropriately and provided by email to the party noted in Article V. Notices.

  3. The Subrecipient will submit invoices as directed by DMME for Project Development Costs as defined in Article III.

Russell County Virginia “The Heart of Southwest Virginia”

Harry Ferguson Carl Rhea At-Large District 3 Tim Lovelace Rebecca Dye, Chairperson David Eaton District 4 District 6 District 4 Lou Ann Wallace Steve Breeding, Vice-Chairman Lonzo Lester District 2 District 5

2018 Abandoned Mined Land Pilot Project Agreement

This Abandoned Mined Land (AML) Pilot Project Agreement (Agreement) is hereby entered into by the Virginia Department of Mines, Minerals and Energy (DMME) and Russell County Board of Supervisors for the purposes of documenting the agreement between the parties for Dante Community Redevelopment Project based on the following terms:

‘WHEREAS, the Subrecipient has submitted a complete application (Application [Attachment B]) under the Office of Surface Mining Reclamation and Enforcement’s (OSMRE) AML Pilot Program Guidance for Project Eligibility (Attachment C); and

‘WHEREAS, the Application has been reviewed by the AML Pilot Advisory Committee and submitted to OSMIRE for vetting; and

WHEREAS, OSMRE is satisfied with the concept of the Project and that it meets the intent of the AML Pilot program and has given DMME notice to move forward by the issuance of a Letter to Proceed with project development (Attachment D); and

‘WHEREAS, OSMRE has determined that the applicant is approved for Subrecipient status (Attachment €); and

WHEREAS, DMME under OSMRE’s approval has authority to reimburse the Subrecipient out of the AML Pilot Grant for funds expended on Project Development Costs; and

WHEREAS, OSMRE’s approval of NEPA documents prepared by the Subrecipient, OSMRE’s subsequent issuance of a Finding of No Significant Impact (FONS!) and Authorization to Proceed (ATP) with construction, and DMME’s approval of project plans are required to finalize a project contract between DMME and the Subrecipient;

NOW, THEREFORE, the parties hereto mutually agree as follows:

ARTICLE I. OBLIGATIONS OF SUBRECIPIENT

  1. The Subrecipient agrees to be bound by the AML PILOT TERMS AND CONDITIONS (TERMS AND CONDITIONS) in their entirety as included as Attachment A.

  2. The Subrecipient agrees to be responsive within 5 business days to DMME questions communicated appropriately and provided by email to the party noted in Article V. Notices.

  3. The Subrecipient will submit invoices as directed by DMME for Project Development Costs as defined in Article Ill

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

ARTICLE II. OBLIGATIONS OF DMME

  1. DMME will continue in good faith toward the development of a project contract and a final OSMRE ATP.

  2. DMME will reimburse Subrecipient for appropriate Project Development Costs within 30 days of receipt of documented invoices.

ARTICLE III. DEFINITION OF “PROJECT DEVELOPMENT COSTS”

  1. Project Development costs may include preparation of construction plans, preparation of documents for National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA) compliance, as well as other architectural, engineering, or legal services needed for the Project.

ARTICLE IV. PENALTIES

  1. Failure to follow the TERMS AND CONDITIONS or any terms of this Agreement may result in any remedy as described in Section IV. Noncompliance of the TERMS AND CONDITIONS.

ARTICLE V. NOTICES

Any notice provided under this agreement shall be as follows:

DMME Email to Lesa Baker ([email protected])

with copies to Clara Harris ([email protected])

Subrecipient Email to _________________________________________

with copies to ____________________________________

DMME


Bradley (Butch) C. Lambert, DMME Deputy Director Date

SUBRECIPIENT


Signature of Authorized Representative


Title


Printed Name of Authorized Representative


Date

mailto:[email protected] mailto:[email protected] ARTICLE I. OBLIGATIONS OF DMME

  1. DMME will continue in good faith toward the development of a project contract and a final OSMRE ATP.

  2. DMME will reimburse Subrecipient for appropriate Project Development Costs within 30 days of receipt of documented invoices.

ARTICLE Ill. DEFINITION OF “PROJECT DEVELOPMENT COSTS”

  1. Project Development costs may include preparation of construction plans, preparation of documents for National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA) compliance, as well as other architectural, engineering, or legal services needed for the Project.

ARTICLE IV. PENALTIES

  1. Failure to follow the TERMS AND CONDITIONS or any terms of this Agreement may result in any remedy as described in Section IV. Noncompliance of the TERMS AND CONDITIONS.

ARTICLE V. NOTICES

Any notice provided under this agreement shall be as follows:

DME

Email to Lesa Baker ([email protected]) with copies to Clara Harris (clara [email protected])

Subrecipient Email to

with copies to

DMME

Bradley (Butch) C. Lambert, DMME Deputy Director Date

‘SUBRECIPIENT

nature of Authorized Representative Title

Printed Name of Authorized Representative Date

Revised 12-11-2019 1

AML Pilot Terms and Conditions

I. General Guidelines

  1. Act in good faith to conduct the project in a manner that maintains high ethical standards and avoids any

appearance of impropriety. 2. Provide a projected timeline for project development and construction. Proceed with the project in a

reasonable and timely manner. 3. Submit to DMME an itemized and categorized budget. DMME will use the budget for Application for Payment

(AFP) requests through the DMME eForms system.
4. Attend mandatory DMME eForms training and adhere to AFP requirements through the DMME eForms system. 5. Subrecipients will submit invoices (e.g. from contractors) to DMME as part of their AFP requests. Unless

revisions are requested, DMME will remit payment for allowable expenses to the Subrecipient within 30 days of receiving an AFP. Subrecipients will be required to remit payment to contractors, vendors, etc. within 7 days of receiving payment from DMME.

  1. DMME will withhold 5% retainage on all invoices except for project development expenditures. Separate AFP’s should be submitted for project development and construction expenditures.

  2. Ensure project development costs (i.e. soft costs) do not exceed 20% of the total project budget.

  3. Ensure compliance with applicable laws, regulations, ordinances, and codes and obtain all required permits.

  4. Provide documentation of compliance with the Virginia Public Procurement Act (VPPA) in obtaining goods or

services.
10. Coordinate with DMME’s procurement officer for guidance in following the Virginia Public Procurement Act

(VPPA) and appropriate inclusion of small, women- and minority- owned businesses (SWaM) in the procurement process.

  1. Maintain compliance with the National Environmental Policy Act (NEPA) and Endangered Species Act (ESA).
    OSM requires, at minimum, that an Environmental Assessment (EA) be prepared for each AML Pilot project.
    Categorical exclusions (CE’s) will NOT be accepted. Agencies to be consulted include DCR, DEQ, DHR, NRCS, USACE, USFWS, VDGIF, and VMRC. DMME staff should be copied on Agency consultation letters and responses. Consultations should include the entire project area and the scope of work.

  2. Any construction activities and purchases of property or equipment cannot be initiated until the project plans and NEPA document are approved by DMME and OSMRE, respectively, and by other entities as necessitated by individual project needs. Following such approvals, a contract will be executed between DMME and the Subrecipient for the project.

  3. Significant deviation from the OSM-vetted project proposal will require an explanatory addendum and possibly re-vetting.

  4. DMME reserves the right to maintain in its possession, use, or distribute at its sole discretion, any documents, plans, or other intellectual property produced in conjunction with AML Pilot funds for the purpose of successfully executing this or other projects.

  5. DMME reserves the right to request additional information or impose additional conditions in the future.

  6. Misuse of projects funds may result in repayment.

II. Obligations of the Subrecipient

  1. Prepare and provide to DMME the following project documents: a. Scope of Work b. detailed Construction Plan, if applicable to the project
    c. categorized detailed Budget

These documents are subject to review and approval by DMME for inclusion in a project contract between DMME and the Subrecipient.

  1. Allow DMME to inspect, review and comment on the project plan design and any future amendments, changes, or modifications.

General Guidelines

  1. Act in good faith to conduct the project in a manner that maintains high ethical standards and avoids any appearance of impropriety.

  2. Provide a projected timeline for project development and construction. Proceed with the project in a reasonable and timely manner.

  3. Submit to DMME an itemized and categorized budget. DMME will use the budget for Application for Payment (AFP) requests through the DMME eForms system.

4, Attend mandatory DMME eForms training and adhere to AFP requirements through the DMME eForms system.

  1. Subrecipients will submit invoices (e.g. from contractors) to DMME as part of their AFP requests. Unless revisions are requested, DMME will remit payment for allowable expenses to the Subrecipient within 30 days of receiving an AFP. Subrecipients will be required to remit payment to contractors, vendors, etc. within 7 days of receiving payment from DMME.

  2. DMME will withhold 5% retainage on all invoices except for project development expenditures. Separate AFP’s

should be submitted for project development and construction expenditures.

Ensure project development costs (i.e. soft costs) do not exceed 20% of the total project budget.

Ensure compliance with applicable laws, regulations, ordinances, and codes and obtain all required permits.

  1. Provide documentation of compliance with the Virginia Public Procurement Act (VPPA) in obtaining goods or services.

  2. Coordinate with DMME’s procurement officer for guidance in following the Virginia Public Procurement Act (VPPA) and appropriate inclusion of small, women- and minority- owned businesses (SWaM) in the procurement process.

  3. Maintain compliance with the National Environmental Policy Act (NEPA) and Endangered Species Act (ESA). OSM requires, at minimum, that an Environmental Assessment (EA) be prepared for each AML Pilot project. Categorical exclusions (CE’s) will NOT be accepted. Agencies to be consulted include DCR, DEQ, DHR, NRCS, USACE, USEWS, VDGIF, and VMRC. DMME staff should be copied on Agency consultation letters and responses. Consultations should include the entire project area and the scope of work.

  4. Any construction activities and purchases of property or equipment cannot be initiated until the project plans and NEPA document are approved by DMME and OSMRE, respectively, and by other entities as necessitated by individual project needs. Following such approvals, a contract will be executed between DMME and the Subrecipient for the project.

  5. Significant deviation from the OSM-vetted project proposal will require an explanatory addendum and possibly re-vetting.

14, DMME reserves the right to maintain in its possession, use, or distribute at its sole discretion, any documents, plans, or other intellectual property produced in conjunction with AML Pilot funds for the purpose of successfully executing this or other projects.

  1. DMME reserves the right to request additional informati

  2. Misuse of projects funds may result in repayment.

oo

nal conditions in the future.

n or impose additic

Obligations of the Subrecipient

  1. Prepare and provide to DMME the following project documents: a. Scope of Work b. detailed Construction Plan, if applicable to the project c. categorized detailed Budget These documents are subject to review and approval by DMME for inclusion in a project contract between DMME and the Subrecipient.
  2. Allow DMME to inspect, review and comment on the project plan design and any future amendments, changes, or modifications.

Revised 12-11-2019 1

Revised 12-11-2019 2

  1. Strictly adhere to the OSMRE AML Pilot funding objectives outlined in the Guidance for Project Eligibility Under the Abandoned Mine Land Reclamation Economic Development Pilot Program.

  2. Compliance with Federal Rules and Regulations: Funding for this project is authorized through the Catalog of Federal Domestic Assistance (CFDA) #15.252. Expenditures made and services provided pursuant to this project shall be in accordance with 2 CFR Part 225, “Cost Principles for State, Local, and Indian Tribal Governments” (OMB Circular A-87), and OMB Circular A-133, “Audits of States, Local Governments and Non- Profit Organizations.” If the Subrecipient is a political subdivision of the Commonwealth of Virginia, it is governed by 48 CFR Part 31, Contract Cost Principles and Procedures. If the Subrecipient is a for-profit organization, it is governed by 48 CFR Part 31, Contract Cost Principles and Procedures. The Subrecipient also is governed by the administrative requirements of 10 CFR 600, Federal Financial Assistance Regulations. Any apparent inconsistency between Federal statutes and regulations and the terms and conditions contained in this award must be referred to the OSMRE Award Administrator for guidance. It is the responsibility of the Subrecipient to identify such an inconsistency and bring it to the attention of DMME. The Subrecipient shall adhere, and require adherence by all vendors, contractors, and subcontractors performing work required by this project, to the federal rules as noted.

  3. Provide and pay all funds required to complete construction of the project site within the specified time period in accordance with the approved construction design, including but not limited to the costs of all permits, licenses, land acquisitions, and/or rights-of-way and easements pursuant to the Award Conditions.

  4. Maintain on the project site all information required by 4 VAC 25-130-707.12 including a description of the project, the exact location and boundaries of the project and that the DMME administration of the project is being financed with federal funds through its AML Pilot Program Grant.

  5. Prior to commencement of construction at the project site, ensure that the Final Construction Design Plan and/or addenda, amendments thereto are in accordance with the Award Conditions. Any addenda or amendments to the Construction Design Plan and/or construction documents shall be approved in writing by DMME and OSMRE prior to their execution, issuance and/or implementation.

  6. Provide to DMME copies of all documents and addenda the Subrecipient uses in contracting for the performance of construction work for the project if any.

  7. Afford DMME personnel notice of and opportunity to attend and participate in all pre-construction conferences, and other relevant meetings concerning the project, if any.

  8. Provide free and reasonable access by DMME and OSMRE personnel to the project site for the purpose of conducting weekly, or more frequent if necessary, inspections.

  9. Upon completion of the work required by the Construction Plan, provide DMME with a copy of “as built” drawings of the project and/or a certificate of completion.

  10. Designate a Project Director who shall be knowledgeable of and responsible for project activities and who shall act as the contact between DMME and Subrecipient.

  11. Provide to DMME written verification that all easements, licenses, and applicable federal, state, or local permits or clearances required for the performance of the work required to complete the project have been obtained prior to start of any work on the project.

  12. Provide professional supervision of all construction work performed at the project site to ensure that the completed work conforms to the approved Final Construction Plan.

  13. Certify and acknowledge that that no work outside the project boundaries and limits shall be eligible through the AML PILOT AWARD or covered under the terms of this agreement.

  14. Provide proof to DMME that the Subrecipient shall require its contractors to maintain in full force and effect during the life of the project a public liability insurance policy:

a. Worker’s Compensation – Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the Commonwealth of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the project shall be in noncompliance.

b. Employers Liability - $100,000.

14,

Strictly adhere to the OSMRE AML Pilot funding objectives outlined in the Guidance for Project Eligi the Abandoned Mine Land Reclamation Economic Development Pilot Program.

Compliance with Federal Rules and Regulations: Funding for this project is authorized through the Catalog of Federal Domestic Assistance (CFDA) #15.252. Expenditures made and services provided pursuant to this project shall be in accordance with 2 CFR Part 225, “Cost Principles for State, Local, and Indian Tribal Governments” (OMB Circular A-87), and OMB Circular A-133, “Audits of States, Local Governments and Non- Profit Organizations.” If the Subrecipient is a political subdivision of the Commonwealth of Virginia, itis governed by 48 CFR Part 31, Contract Cost Principles and Procedures. If the Subrecipient is a for-profit organization, it is governed by 48 CFR Part 31, Contract Cost Principles and Procedures. The Subrecipient also is. governed by the administrative requirements of 10 CFR 600, Federal Financial Assistance Regulations. Any apparent inconsistency between Federal statutes and regulations and the terms and conditions contained in this award must be referred to the OSMRE Award Administrator for guidance. It is the responsibility of the Subrecipient to identify such an inconsistency and bring it to the attention of DMME. The Subrecipient shall adhere, and require adherence by all vendors, contractors, and subcontractors performing work required by this project, to the federal rules as noted.

Provide and pay all funds required to complete construction of the project site within the specified time period in accordance with the approved construction design, including but not limited to the costs of all permits, licenses, land acquisitions, and/or rights-of-way and easements pursuant to the Award Conditions.

Maintain on the project site all information required by 4 VAC 25-130-707.12 including a description of the project, the exact location and boundaries of the project and that the DMME administration of the project is being financed with federal funds through its AML Pilot Program Grant.

Prior to commencement of construction at the project site, ensure that the Final Construction Design Plan and/or addenda, amendments thereto are in accordance with the Award Conditions. Any addenda or amendments to the Construction Design Plan and/or construction documents shall be approved in writing by DMME and OSMRE prior to their execution, issuance and/or implementation.

Provide to DMME copies of all documents and addenda the Subrecipient uses in contracting for the performance of construction work for the project if any.

Afford DMME personnel notice of and opportunity to attend and participate in all pre-construction conferences, and other relevant meetings concerning the project, if any.

Provide free and reasonable access by DMME and OSMRE personnel to the project site for the purpose of conducting weekly, or more frequent if necessary, inspections.

Upon completion of the work required by the Construction Plan, provide DMME with a copy of “as built” drawings of the project and/or a certificate of completion.

Designate a Project Director who shall be knowledgeable of and responsible for project activities and who shall act as the contact between DMME and Subrecipient.

Provide to DMME written verification that all easements, licenses, and applicable federal, state, or local permits or clearances required for the performance of the work required to complete the project have been obtained prior to start of any work on the project.

Provide professional supervision of all construction work performed at the project site to ensure that the completed work conforms to the approved Final Construction Plan.

Certify and acknowledge that that no work outside the project boundaries and limits shall be eligible through the AML PILOT AWARD or covered under the terms of this agreement.

Provide proof to DMME that the Subrecipient shall require its contractors to maintain in full force and effect during the life of the project a public liability insurance policy:

a. Worker’s Compensation ~ Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the Commonwealth of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the project shall be in noncompliance.

b. Employers ry - $100,000.

lity Under

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c. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate.
Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia shall be added as an additional insured to the policy by an endorsement. Coverage shall not exclude claims resulting from explosion, collapse or underground damage.

d. Automobile Liability - $1,000,000 combined single limit (required only if a motor vehicle not owned by the Commonwealth is to be used in the project). Subrecipient must assure that the required coverage is maintained by the Subrecipient (or third party of such motor vehicle).

  1. The Subrecipient shall indemnify, defend and hold harmless DMME/Commonwealth of Virginia, its agents, officers, employees, and designated representatives from any claims, damages, suits, actions, liabilities and costs of any nature or kind, whether at law or in equity, arising from or caused by performance by the Subrecipient or its agents, whether for design or construction of the project, or from the use of any materials, goods, or equipment of any kind or nature or any service of any kind, provided that such liability is not attributable to the sole negligence of the DMME. Nothing contained herein shall be deemed an expressed or implied waiver of the sovereign immunity of DMME/Commonwealth of Virginia.

  2. Neither the Subrecipient, its officers, agents, employees, assignees, whether for design or construction of the project, shall be deemed employees of the Commonwealth of Virginia or of DMME by virtue of the project, the location of the project, or the 2017 AML Pilot Award.

  3. Upon completion of any audit of the project conducted under OMB Circular A-128, promptly provide the DMME with a copy of any and all such audit reports.

  4. The Subrecipient shall ensure that their contractors are responsible for sequencing, scheduling, coordinating, and monitoring the progress of the work as well as taking appropriate action to keep the work on schedule. The Subrecipient shall prepare and submit to the agency after signing the contract, a contract performance schedule for accomplishing the work based upon the completion time stated in the contract.

  5. The Subrecipient shall include in all project Invitation for Bid packages the DMME supplied Applicant Violator System (AVS) form (OMB #1029-0119) (ATTACHMENT A). All bidders must submit the completed form with the required project bid documents. Any subcontractors shall submit the Applicant Violator System (AVS) form documentation prior to the award of the bid(s) to the prime contractor. All contractors for project management, project design, or other contracted services associated with the project shall also submit the Applicant Violator System (AVS) form. Prior to the award of any such contract(s), the form(s) will be submitted to DMME for the required AVS check to confirm bidder eligibility by the use of the Applicant Violator System. Awards may not be made until the AVS check has been completed. Pursuant to the provisions of 30 CFR § 874.16, the DMME may direct the rejection of any contractor(s), subcontractor(s), or engineering firm(s) if the AVS review determines the entity, at the time of contract award, is not eligible to receive a permit or conditional permit to conduct surface coal mining operations under the Virginia Coal Surface Mining Reclamation Regulations.

  6. Agree to not let the project or project development be idled for a cumulative period exceeding sixty (60) days

  7. During the term of this Project, the Subrecipient shall not dispose of, modify the use of, or change the terms of

the real property title, or other interest in the Property, including the Project, and facilities without permission and instructions from the DMME. The Subrecipient shall record the federal interest in the title of Property in accordance with DMME directives and shall include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the Project. The Subrecipient shall adhere to 30 CFR part 879.14 and 879.15 for Property management and disposition.

  1. ANTI-DISCRIMINATION a. During the performance of this project, the Subrecipient agrees as follows:

i. The Subrecipient and its Contractors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin or disabilities, except where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Subrecipient or its Contractor exists.

c. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate. Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia shall be added as an additional insured to the policy by an endorsement. Coverage shall not exclude claims resulting from explosion, collapse or underground damage.

d. Automobile Liability - $1,000,000 combined single limit (required only if a motor vehicle not owned by the Commonwealth is to be used in the project). Subrecipient must assure that the required coverage is maintained by the Subrecipient (or third party of such motor vehicle)

  1. The Subrecipient shall indemnify, defend and hold harmless DMME/Commonwealth of Virginia, its agents, officers, employees, and designated representatives from any claims, damages, suits, actions, liabilities and costs of any nature or kind, whether at law or in equity, arising from or caused by performance by the Subrecipient or its agents, whether for design or construction of the project, or from the use of any materials, goods, or equipment of any kind or nature or any service of any kind, provided that such liability is not attributable to the sole negligence of the DMME. Nothing contained herein shall be deemed an expressed or implied waiver of the sovereign immunity of DMME/Commonwealth of Virginia.

  2. Neither the Subrecipient, its officers, agents, employees, assignees, whether for design or construction of the project, shall be deemed employees of the Commonwealth of Virginia or of DMME by virtue of the project, the location of the project, or the 2017 AML Pilot Award.

  3. Upon completion of any audit of the project conducted under OMB Circular A-128, promptly provide the DMME with a copy of any and all such audit reports.

  4. The Subrecipient shall ensure that their contractors are responsible for sequencing, scheduling, coordinating, and monitoring the progress of the work as well as taking appropriate action to keep the work on schedule. The Subrecipient shall prepare and submit to the agency after signing the contract, a contract performance schedule for accomplishing the work based upon the completion time stated in the contract.

  5. The Subrecipient shall include in all project Invitation for Bid packages the DMME supplied Applicant Violator System (AVS) form (OMB #1029-0119) (ATTACHMENT A). All bidders must submit the completed form with the required project bid documents. Any subcontractors shall submit the Applicant Violator System (AVS) form documentation prior to the award of the bid(s) to the prime contractor. All contractors for project management, project design, or other contracted services associated with the project shall also submit the Applicant Violator System (AVS) form. Prior to the award of any such contract(s), the form(s) will be submitted to DMME for the required AVS check to confirm bidder eligibility by the use of the Applicant Violator System. Awards may not be made until the AVS check has been completed. Pursuant to the provisions of 30 CFR § 874.16, the DMME may direct the rejection of any contractor(s), subcontractor(s), or engineering firm(s) if the AVS review determines the entity, at the time of contract award, is not eligible to receive a permit or conditional permit to conduct surface coal mining operations under the Virginia Coal Surface Mining Reclamation Regulations.

  6. Agree to not let the project or project development be idled for a cumulative period exceeding sixty (60) days

  7. During the term of this Project, the Subrecipient shall not dispose of, modify the use of, or change the terms of the real property title, or other interest in the Property, including the Project, and facilities without permission and instructions from the DMME. The Subrecipient shall record the federal interest in the title of Property in accordance with DMME directives and shall include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the Project. The Subrecipient shall adhere to 30 CFR part 879.14 and 879.15 for Property management and disposition.

24, ANTI-DISCRIMINATION

a. During the performance of this project, the Subrecipient agrees as follows

i, The Subrecipient and its Contractors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin or disabilities, except where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Subrecipient or its Contractor exists.

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The Subrecipient agrees to, and will require its Contractors to, post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

ii. The Subrecipient, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient or its Contractors, will state, and require that its Contractors state, that such Subrecipient or Contractor is an equal opportunity employer.

iii. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this Section.

b. The Subrecipient and its Contractors will include the provisions of the foregoing paragraphs 23.A.i; 23.A.ii; and 23.A.iii in every subcontract of any amount and every purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

III. Certifications:
The Subrecipient assures and certifies to the DMME that it is, to the best of its knowledge and belief, in compliance, and will continue in compliance, and it will require that its Contractors conform, to the following Acts, as amended:

  1. State and Local Government Conflict of Interests Act;
  2. General Assembly Conflict of Interests Act;
  3. Virginia Freedom of Information Act;
  4. Virginia Fair Employment Contracting Act;
  5. Virginia Governmental Frauds Act;
  6. Virginia Public Procurement Act;
  7. Virginians with Disabilities Act;
  8. Americans with Disabilities Act;
  9. Buy American Act (41 USC Chapter 83);
  10. Energy Policy and Conservation Act (P.L. 94-163, 89 Stat. 871);
  11. Federal Immigration Reform and Control act of 1986; and
  12. Federal statutes relating to nondiscrimination, including but not limited to:

a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) (prohibits discrimination on the basis of race, color or national origin);

b. Title IX of the Education amendments of 1972, as amended (20 U.S.C. Sections 1681-1683, and 1685-1686) prohibits discrimination on the basis of sex;

c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C., Section 794) prohibits discrimination on the basis of handicaps;

d. The Age Discrimination Act of 1975, as amended (42 U.S.C., Sections 6101-6107) which prohibits discrimination on the basis of age;

e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 93-255), as amended, relating to non- discrimination on the basis of drug abuse;

f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;

g. Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C., 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;

h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C., Section 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; and/or any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made, and the requirement on any other nondiscrimination statute(s) which may apply to the AML PILOT AWARD or this agreement.

The Subrecipient agrees to, and will require its Contractors to, post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

ii, The Subrecipient, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient or its Contractors, will state, and require that its Contractors state, that such Subrecipient or Contractor is an equal opportunity employer.

ili, Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this Section b. The Subrecipient and its Contractors will include the provisions of the foregoing paragraphs 23.A.j; 23.A.ii; and 23.A.jl in every subcontract of any amount and every purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

Ill, Certifications: The Subrecipient assures and certifies to the DMME that it is, to the best of its knowledge and belief, in compliance, and will continue in compliance, and it will require that its Contractors conform, to the following Acts, as amended:

State and Local Government Conflict of Interests Act;

General Assembly Conflict of Interests Act;

Virginia Freedom of Information Act;

Virginia Fair Employment Contracting Act;

Virginia Governmental Frauds Act;

Virginia Public Procurement Act;

Virginians with Disabilities Act;

‘Americans with Disabilities Act;

Buy American Act (41 USC Chapter 83);

Energy Policy and Conservation Act (P.L. 94-163, 89 Stat. 871); Federal immigration Reform and Control act of 1986; and Federal statutes relating to nondiscrimination, including but not limited to:

a, Title VI of the Civil Rights Act of 1964 (P.L. 88-352) (prohibits discrit color or national origin);

b. Title 1X of the Education amendments of 1972, as amended (20 U.S.C. Sections 1681-1683, and 1685-1686) prohibits discrimination on the basis of sex;

c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C., Section 794) prohibits discrimination on the basis of handicaps;

d. The Age Discrimination Act of 1975, as amended (42 U.S.C., Se discrimination on the basis of age;

e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 93-255), as amended, relating to non- discrimination on the basis of drug abuse;

f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;

  1. Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C., 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;

h. Title VIll of the Civil Rights Act of 1968 (42 U.S.C., Section 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; and/or any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made, and the requirement on any other nondiscrimination statute(s) which may apply to the AML PILOT ‘AWARD or this agreement.

ion on the basis of race,

ns 6101-6107) which prohibits

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  1. Federal Lobbying Act, 31 U.S.C.A., Section 1352 (entitled, “Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions, and the Virginia Lobbying Disclosure and Regulation Act, Sec. 2.1-779 through 2.1-794, Code of Virginia, 1950 as amended, including, without limitation, obtaining and delivering to the DMME all necessary certifications and disclosures.

  2. Title II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally assisted programs. These requirements apply to all interest in real property acquired for project purposes regardless of Federal participation in purchases.

  3. Hatch Act (5 U.S.C., Sections 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

  4. Copeland Act (40 U.S.C., Section 276c and 18 U.S.C., Section 874), the Contract Work Hours and Safety Standards Act (40 U.S.C., Sections 327-333) regarding labor standards for federally assisted construction sub-contracts.

  5. Flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more.

  6. Environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; © protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in flood plains in accordance with EO 11988: (e) assurance of project’s consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C., Sections 1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176 © of the Clean Air Act of 1955, as amended (42 U.S.C., Section 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205).

  7. Wild and Scenic Rivers Act of 1968 (16 U.S.C., Sections 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

  8. The Subrecipient shall assist the DMME in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and preservation of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.).

  9. 40 CFR 122-EPA Storm Water Regulations; PL 92-500, Section 404 – Utility Crossings of Navigable Waters – U.S. Army Corps of Engineers; Code of Virginia, Title 10.1, Chapter 5, Article 4 - Erosion and Sediment Control Law – Soil and Water Conservation Commission; VR 625-02-00 – Erosion and Sediment Control Regulations; Code of Virginia, Title 62.1, Chapter 3.1, Article 44 – State Water Control Law; VR 680-15-02 – Virginia Water Protection Permit; Code of Virginia, Title 62.1, Chapter 3 – Sub-aqueous Bed Permit – Marine Resources Commission.

IV. Reporting

  1. Monthly Reporting - The Subrecipient will provide DMME with written monthly progress reports by the 15th day of each month for the previous month. The report shall include all work accomplished, difficulties or delays encountered along with necessary remedial actions(s), cumulative number of jobs created, and a schedule of future work

  2. Annual Reporting - The Subrecipient will provide DMME with written annual progress reports by September 15th each year for the period beginning Sept 1st of the previous year through Aug 31st of the current year. These reports should describe the current status of each AML Pilot project, including:

a. AML Pilot funding amount requested vs. actual amount received; b. All other funding source(s) leveraged (e.g., in-kind services, private contribution, AML grants, etc.);

14,

Federal Lobbying Act, 31 U.S.C.A., Section 1352 (entitled, “Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions, and the Virginia Lobbying Disclosure and Regulation Act, Sec. 2.1-779 through 2.1-794, Code of Virginia, 1950 as amended, including, without limitation, obtaining and delivering to the DMME all necessary certifications and disclosures.

Title Il and Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (PLL. 91-646) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally assisted programs. These requirements apply to all interest in real property acquired for project purposes regardless of Federal participation in purchases.

Hatch Act (5 U.S.C., Sections 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

Copeland Act (40 U.S.C., Section 276c and 18 U.S.C, Section 874), the Contract Work Hours and Safety Standards Act (40 U.S.C., Sections 327-333) regarding labor standards for federally assisted construction sub-contracts.

Flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. Environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; © protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in flood plains in accordance with EO 11988: (e) assurance of project��s consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C., Sections 1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176 © of the Clean Air Act of 1955, as amended (42 U.S.C, Section 7401 et seq,); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205)

Wild and Scenic Rivers Act of 1968 (16 U.S.C., Sections 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

The Subrecipient shall assist the DMIME in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and preservation of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.)

40 CFR 122-EPA Storm Water Regulations; PL 92-500, Section 404 — Utility Crossings of Navigable Waters — U.S. Army Corps of Engineers; Code of Virginia, Title 10.1, Chapter 5, Article 4 - Erosion and Sediment Control Law ~ Soil and Water Conservation Commission; VR 625-02-00 ~ Erosion and Sediment Control Regulations; Code of Virginia, Title 62.1, Chapter 3.1, Article 44 - State Water Control Law; VR 680-15-02 — Virginia Water Protection Permit; Code of Virginia, Title 62.1, Chapter 3 - Sub-aqueous Bed Permit - Marine Resources Commission.

IV. Reporting

Monthly Reporting - The Subrecipient will provide DMME with written monthly progress reports by the 15"" day of each month for the previous month. The report shall include all work accomplished, difficulties or delays encountered along with necessary remedial actions(s), cumulative number of jobs created, and a schedule of future work Annual Reporting - The Subrecipient will provide DMME with written annual progress reports by September 15" each year for the period beginning Sept 1st of the previous year through Aug 31st of the current year. These reports should describe the current status of each AML Pilot project, including:

a. AML Pilot funding amount requested vs. actual amount received;

b. Allother funding source(s) leveraged (e.g., in-kind services, private contribution, AML grants, etc.);

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c. Total amount expended on the project to date and the amount expected to be spent; d. Project partners; e. Economic benefits/performance measures accomplished to date; f. Expected benefits/outstanding performance measures to be accomplished and timelines for

completion; g. The status of any real property purchased for purposes of the AML Pilot approved activity.

V. Financial/Compliance Records Availability
The Subrecipient agrees to retain and provide reasonable access to all books, records, and other documents relative to this project for five (5) years after final payment or until otherwise notified by DMME, whichever is later. DMME, its authorized agents, and/or State and Federal auditors shall have full access to and the right to examine.

VI. Noncompliance
The following remedies for noncompliance are derived from CFR § 200.338:
Failure of the grant Subrecipient to comply with statutes, regulations, codes, or other terms and conditions of the AML Pilot award may result in OSMRE or DMME imposing additional conditions, as described in § 200.207 Specific conditions.
If OSMRE or DMME determine that noncompliance cannot be remedied by imposing additional conditions, one or more of the following actions may be taken, as appropriate in the circumstances:

a. Temporarily withhold cash payments pending correction of the deficiency or more severe enforcement action

b. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance.

c. Wholly or partly suspend or terminate the AML Pilot award. d. Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal awarding

agency regulations (or in the case of a pass-through entity, recommend such a proceeding be initiated by a Federal awarding agency).

e. Withhold further Federal awards for the project or program. f. Take other remedies that may be legally available.

VII. General Timeline from Project Selection to Commencement of Construction AML Pilot projects are chosen by DMME’s Advisory Council to be submitted to OSMRE for programmatic and financial vetting. Upon determination that OSMRE is satisfied with the concept of the project, that the project meets the intent of the grant program, and that the applicant is in good financial standing with the capacity to execute the project, a Letter to Proceed with Project Development will be issued and Subrecipient Status will be approved for the applicant. Projects which are unable to pass vetting will not receive funding.

Next, Project Development begins which includes coordinating proposed up-front expenditures, preparation of documents for NEPA (national environmental policy act) compliance, and any other ESA (endangered species act) requirements needed for the project. These documents are submitted to OSMRE for evaluation to issue an Authorization to Proceed (ATP). Additionally, prepared project plans are evaluated by DMME.

After a project receives an ATP, plans are approved, and additional final details are in place, a project contract between the Subrecipient and DMME will be executed. Following this, construction, property purchases, and other approved project activities can commence.

Total amount expended on the project to date and the amount expected to be spent; Project partners;

Economic benefits/performance measures accomplished to date;

Expected benefits/outstanding performance measures to be accomplished and timelines for completion;

g. The status of any real property purchased for purposes of the AML Pilot approved activity.

V. _ Financial/Compliance Records Availability

The Subrecipient agrees to retain and provide reasonable access to all books, records, and other documents relative to this project for five (5) years after final payment or until otherwise notified by DMME, whichever is later. DMME, its authorized agents, and/or State and Federal auditors shall have full access to and the right to examine.

VI. Noncompliance

The following remedies for noncompliance are derived from CFR § 200.338:

Failure of the grant Subrecipient to comply with statutes, regulations, codes, or other terms and conditions of the AML Pilot award may result in OSMRE or DMME imposing additional conditions, as described in § 200.207 Specific conditions. If OSMRE or DMME determine that noncompliance cannot be remedied by imposing additional conditions, one or more of the following actions may be taken, as appropriate in the circumstances:

a. Temporarily withhold cash payments pending correction of the deficiency or more severe enforcement action

b. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance.

c. Wholly or partly suspend or terminate the AML Pilot award.

d. Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal awarding agency regulations (or in the case of a pass-through entity, recommend such a proceeding be initiated by a Federal awarding agency).

e. Withhold further Federal awards for the project or program.

f. Take other remedies that may be legally available.

VIL. General Timeline from Project Selection to Commencement of Construction

AML Pilot projects are chosen by DMME’s Advisory Council to be submitted to OSMRE for programmatic and financial vetting. Upon determination that OSMRE is satisfied with the concept of the project, that the project meets the intent of the grant program, and that the applicant is in good financial standing with the capacity to execute the project, a Letter to Proceed with Project Development will be issued and Subrecipient Status will be approved for the applicant. Projects which are unable to pass vetting will not receive funding.

Next, Project Development begins which includes coordinating proposed up-front expenditures, preparation of documents for NEPA (national environmental policy act) compliance, and any other ESA (endangered species act) requirements needed for the project. These documents are submitted to OSMRE for evaluation to issue an ‘Authorization to Proceed (ATP). Additionally, prepared project plans are evaluated by DMME.

After a project receives an ATP, plans are approved, and additional final details are in place, a project contract between,

the Subrecipient and DMME will be executed. Following this, construction, property purchases, and other approved project activities can commence.

Revised 12-11-2019 6

Russell County Board of Supervisors OVERVIEW

Project Background and Description

The Russell County Registrar Office currently has 33 laptops that are used for voter check-in at each precinct. These laptops were provided to the Registrar by the State of Virginia in ~2014. These laptops currently have Windows 8.1 with 4G of RAM. Unfortunately, these laptops are very slow and take a considerable amount of time to boot and load. The following proposed project would allow for these laptops to not only continue to be used but used with much better efficiency.

Project Scope

2 Project Scopes will be provided so that the preferred option may be chosen:

Option 1

a) Order 17 sticks of 8G RAM and install. This would provide for each laptop (by moving around the current 4G sticks of RAM) to have a minimum recommendation of 8G of RAM.

b) Perform a maintenance on each laptop. These laptops were setup ~5 years ago and need maintenance to increase productivity. Running programs such as Ccleaner, Disk Cleanup, Defrag and removing items from Task Scheduler and Startup would make each laptop more efficient.

Option 2

a) Order 33 new laptops to replace 5 year old laptops.

Project Cost

Option 1

a) 17 sticks of 8G RAM - $721.83

b) Cost of RAM Installation and Maintenance - $2475 Total: $3,196.83

Option 2

a) 33 new laptops - $19,767

b) Installation of 33 Laptops - $1275 Total: $21,042

Innovative Technology Solutions, INC.

1158 Thackers Branch Road Honaker, VA 24260 (276) 202 - 0727 [email protected] insolutionstech.com

Innovative Technology

Solutions, INC.

1158 Thackers Branch Road Honaker, VA 24260 (276) 202 - 0727 [email protected]

Russell County Board of Supervisors OVERVIEW

Project Background and Description

The Russell County Registrar Office currently has 33 laptops that are used for voter check-in at each precinct. These laptops were provided to the Registrar by the State of Virginia in~2014. These laptops currently have Windows 8.1 with 4G of RAM. Unfortunately, these laptops are very slow and take a considerable amount of time to boot and load. The following proposed project would allow for these laptops to not only continue to be used but used with much better efficiency.

Project Scope

2 Project Scopes will be provided so that the preferred option may be chosen: Option 1

a) Order 17 sticks of 86 RAM and install. This would provide for each laptop (by moving around the current 4G sticks of RAM) to have a minimum recommendation of 8G of RAM.

b) Perform a maintenance on each laptop. These laptops were setup ~5 years ago and need maintenance to increase productivity. Running programs such as Ccleaner, Disk Cleanup, Defrag and removing items from Task Scheduler and Startup would make each laptop more efficient,

Option 2

a) Order 33 new laptops to replace 5 year old laptops.

Project Cost

Options a) 17 sticks of 8G RAM - $721.83

b) Cost of RAM Installation and Maintenance - $2475 Total: $3,196.83

Option 2

a) 33 new laptops - $19,767

b) Installation of 33 Laptops - $1275 Total: $21,042

APPROVAL AND AUTHORITY TO PROCEED We approve the project as described above, and authorize the team to proceed.

Approved By Date

APPROVAL AND AUTHORITY TO PROCEED We approve the project as described above, and authorize the team to proceed.

‘Approved By Date

FEIN Russell County Combined Search and Rescue Inc. P.O. Box 1808, Lebanon, VA 24266

H [email protected] Grammy 276-701-3874

December 10, 2019

Russell County Administrator C/O: Lonzo Lester

137 Highland Drive

Lebanon, Virgi

|, Jesse Fields, President of Russell County Combined Search and Rescue Inc., would like to request the assigned funding be released to Russell County Combined Search and Rescue Incorporated in the amount of $2,000.00 (Two thousand dollars and zero cents) as set forth in the 2019/2020 Russell County Budget. This funding is greatly appreciated by our organization and will be crucial to trai equipment purchases.

Sincerely,

Jesse Fields - President

Russell County Combined Search and Rescue Inc.

Equipment Expenditures

‘© August 21, 2019 - Witmer Public Safety Group $4,103.58 - Vertical Rescue Equipment

Total $4,103.58

wrmer Coatesville, PA 19320 ae: oxninois Cavtomerids — LEBVOLS Phone (610) 457-8070 Sales Person: MICHAEL M ‘MICHAEL M ‘Terms: ‘Net 30 days ‘[email protected] Ship Via: Ground Ship Te ATIN: {chan Fire Departeat {615 Donald, Moor Drive 615 Donald. Moore Dive Lctanon VA 21266 Lctanon VA24266 Quantity em Description Unit Amount 3 YesI0 ‘Yates NFPA Full Body Harness, Orange 187.00 561.00 10 OP128s¥Q3NFPA ‘Omega 1/2" Stet Large D 2199 27990 uik-Lok, Gold NEPA 1 LTUWEB.3006 String 1" Tubular Webbing, Green 8300 #300 300 Feat 1 WRSoOELO4o9t Sterling 2" Polyester Fat Webbing, Black, 300” #500 $3.00 1803203100 Strtng Sm Prusik Crd, Purple, 100 Meter Spoo! 136.00 136.00 1 _-NEPA4001 SMC 6 Bar Standard Race 109.00 109.00 4 PTZ-RSOA Petz! ReseuCendér Opanable Cam-Londed 6850 274.00 Rope Clamp 4 PIZ-P60A etal MINDER Prusik Minding Pulley, NFPA 5350 21400 Red 2 cMc-300850 (CMC Rescue 8, NEPA w/ Bars, Stel 88.00 17600 UL Classified to NFPA 1983 General uso & Light use 1 Pr3o090092 String 1/2" HTP Static 100% Polyester Rope 258.00 258.00 Yellow, 300 (92M) 1 Prso000092 Stecting 1/2" HTP Static 100% Polyester Rope 258.00 258.00 White, 300’ (92M). 1 Prsonso04s Sterling 1/2" HTP Static 100% Polyester Rope 131.00 131.00 Blue, 150° (46M) 1 Praor90046 String 1/2" HTP Static 100% Polyester Rope 131.00 131.00 Neon Green, 150"(46M) 1 Pr30070046 Sering 12" HTP State 100% Polyester Rope 131.00 131.00 ‘Orange, 150° (46M) 1 130080046 ‘Sterling 1/2" HTP Static 100% Polyester Rope 131.00 131.00 Red, 150° (46M) ‘Current Payments Applied to this Invoice Date ‘Reference ‘Amount “Thank you for your order. Subtotal: 295590] Any changes or discrepancies to this order should be made immediately. Freight: 5899 Please contact [email protected] Tax ‘Total

3,014.89

wuimer Comer 2A 9200 ownno tumors hon: (0 88070 MICHABL “saat MICHAEL snmanigomeyvonie om Tem 80 aura Ship’s ane re arin Crepe {Sonat oonx rams eaten eareion eames ia ice mI ae 1 Rea AcE Re Ra yp sea $cetaseqnara ang 2 tts 9 195 Renders 2 erentsA Twin Prt ing Paley, NEPA, oo a200 win 2 rismaoes Stig UIA 10% Pty Bape ‘1002200 Black, 150° (46M).

  • secon ENR Rain Tn ge Pre ws amzs 2 aNecaonMs INR 4" DOUBLE HEAD PICKET -SET OF 3 so aman 1 axeor fim ct Rpe Waker om om Curent Payments Appi tts voice te sates mao ‘Thank you for your order. Subtotal: 3,967.70) Any changes or discrepancies to this order should be made immediately. Freight: 20.99 Pica comet mmonigomery@wpapac com sl reat tpmsas reymeat oan sasOniertannes ona

Important Election Year for Virginians

Topics to be discussed and training offered to deal with the following: e 2020 Presidential Election e All eyes will be on the Presidential Election and the Voting process ° Legislative Updates ° Virginia Governor has introduced legislation to extend Voting Early (no Excuse) to 45 days — what will this look like for Russell County? e Election Security through Homeland Security — Best Practices for our Locality e Redistricting in early 2021

Russell County Board of Supervisors 276-889-8000

|Travel Request Approval Form

2768898006 [email protected]

Annual EB Meeting

March 19 - 22, 2020

[Anticipated Expenses

Hype of Expense Description of Expense

Total Expenses Amt Approved

“Daily Expenses | # of = (Except Airfare) Days

Airfare

|Ground Transportation

|Conf/Registration Fees $150.00

Lodging

Meals and Tips

Mileage

Grand Total 4986.98

Bake oon ee Date Signed 1/7/2020

[Co Admin Signature Date Approved

[Employee

Russell County Board of Supervisors

7-Jan-20

Date Submitted

‘Yvonne B. Cook

Voter Registration 2768898006

[email protected]

Employee Name(s)

276-889-8000

Purpose/Location of Travel Annual EB Meeting

Dates of Travel

Anticipated Expenses

[Type of Expense

[Airfare

Expenses #of 7p eae (exceot Airfare) Days TO! Expenses Amt Approved

|Ground Transportation

|Conf/Registration Fees $150.00

|Lodging am $836.98,

Meals and Tips alts fi ‘ine

Mileage zi =| lotner : Geen ace = ae ae Grand Total $986.98, Bel Employee Signature K (é Y IN C Z ze Date ‘Signed 1/7/2020

[Co Admin Signature oe Date Approved = ;

Russell County Board of Supervisors 276-889-8000 |Travel Request Approval

Date Submitted

Employee Name(s)

Department Phone 2768898006 [Email (optional) [email protected]

[Purpose/Location of Travel Annual EB Meeting

Dates of Travel March 19 - 22, 2020

[Anticipated Expenses

[Type of Expense

Daily Expenses | # of (Except Airfare) Days TO! Expenses | Amt Approved

[Airfare

|Ground Transportation

|Conf/Registration Fees

$150.00

Grand Total $986.98

47/2020

|Co Admin Signature

This form is a two part process. PART | contains the VEBA Annual Meeting Registration form which you complete and mail with your check to Dana Oliver in Salem at the address below. PART 2 contains the link to register on line at The Homestead as well as other important Information about the meeting.

PARTI

March 20-22, 2020—The Homestead, Hot Springs, VA ANNUAL MEETING REGISTRATION FORM Registration deadline: February 28, 2020 Please use a separate form for each person wishing to register.

Name: ronne B. Gok. Loatin’ Au sse//

Please include guest name for badge ? City or County

itle for your name badge: Electoral Board Member Deputy Registrar Staff General Registrar ‘Assistant Registrar Guest

Are you a first time attendee?

Address:

Street or PO Box: City and Zip Code: Phone: Email Address:

If lodging at the Homestead, please present your Homestead Guest Card at the VEBA Registration Desk. VEBA Registration Fees

For those lodging at the Homestead: VEBA Member/Registrars/Staff includes all functions, Banquet and Luncheon when hotel registration is und

VEBA Member meal plan using link included in this document) $150.00 $_/50. © Guest Banquet $60.00 §

Guest Luncheon $60.00 §

For those NOT lodging at the Homestead:

VEBA Member/Registrars/Staff (includes Luncheon but not Banquet) $150.00 $

Members, Registrars, Staff, and Guest: Saturday night banquet, $100.00 $

Guests (Luncheon), ~ $60.00 $

For those Jurisdictions not VEBA dues paying members as of 31 December 2019,

add $75 to appropriate VEBA Member above $75.00 $

Total Enclosed 3 0

th your cheek (payable to VEBA) to: VEBA Annual Meeting c/o General Registrar, City of Salem 19 East Clay Street Salem, VA 24153

Important: A completed registration form must accompany your payment. If you are having your Registrar or City/County Finance Department send in your fee, be sure the registration form is included. We ‘cannot accommodate position changes made during March reorganization on badges. No VEBA cancellations will be accepted after February 28, 2020. Questions? Please call Dana Oliver @ 540-375-3034

SPECIAL DIETARY REQUIREMENTS?

This form is a two part process. PART 1 contains the VEBA Annual Meeting Registration form which you complete and mail with your check to Dana Oliver in Salem at the address below. PART 2 contains the link to register on line at The Homestead as well as other important Information about the meeting,

PARTI

March 20-22, 2020—The Homestead, Hot Springs, VA ANNUAL MEETING REGISTRATION FORM Registration deadline: February 28, 2020 Please use a separate form for each person wishing to register.

UD ae voeatiy: Busse 1/

Please include guest name for badge City or County

Title for your name badge: Electoral Board Member Deputy Registrar Staff General Registrar Assistant Registrar Guest

Are you a first time attendee?

Address: Street or PO Box: City and Zip Code: Phone: Email Address:

If lodging at the Homestead, please present your Homestead Guest Card at the VEBA Registr VEBA Registration Fees

For those lodging at the Homestead: VEBA Member/Registrars/Staff includes all functions, Banquet and Luncheon when hotel registration is under

VEBA Member meal plan using link included in this document) $150.00 $_/50 = Guest Banquet $60.00 §

Guest Luncheon $60.00 §

For those NOT lodging at the Homestead:

VEBA Member/Registrars/Staff (includes Luncheon but not Banquet). $150.00 $

Members, Registrars, Staff, and Guest: Saturday night banquet $100.00 $

Guests (Luncheon), $60.00 $

For those Ju ns not VEBA dues paying members as of 31 December 2019,

add $75 to appropriate VEBA Member above $75.00 $

Total Enclosed sf50=

Please send this form with your check (payable to VEBA) to: VEBA Annual Meeting c/o General Registrar, City of Salem 19 East Clay Street Salem, VA 24153

Important: A completed registration form must accompany your payment. If you are having your Registrar or City/County Finance Department send in your fee, be sure the registration form is included, We cannot accommodate position changes made during March reorganization on badges. No VEBA cancellations will be accepted after February 28, 2020. Questions? Please call Dana Oliver @ 540-375-3034

SPECIAL DIETARY REQUIREMENTS?.

This form is a two part process. PART 1 contains the VEBA Annual Meeting Registration form which you complete and mail with your check to Dana Oliver in Salem at the address below. PART 2 contains the link to register on line at The Homestead as well as other important Information about the meeting.

PART 1

March 20-22, 2020—The Homestead, Hot Springs, VA ANNUAL MEETING REGISTRATION FORM Registration deadline: February 28, 2020 Please use a separate form for each person wishing to register.

Name: Herbert Ww. Seott vocaiy: Ausse// Please include guest name for badge City or County Title for your name badge: Electoral Board Member Deputy Registrar Staff General Registrar Assistant Registrar Guest

Are you a first time attendee?

Address: Street or PO Box:

City and Zip Code: Phone: Email Address

If lodging at the Homestead, please present your Homestead Guest Card at the VEBA Registration Desk. VEBA Registration Fees

For those lodging at the Homestead: VEBA Member/Registrars/Staff includes all functions, Banquet and Luncheon when hotel registration is under

VEBA Member meal plan using link included in this document) $150.00 $_/50 Guest Banquet $ 60.00 $ Guest Luncheon $ 60.00 $ For those NOT lodging at the Homestead: VEBA Member/Registrars/Staff (includes Luncheon but not Banquet) $150.00 $ Members, Registrars, Staff, and Guest: Saturday night banquet $100.00 $ Guests (Luncheon), $60.00 $ For those Jurisdictions not VEBA dues paying members as of 31 December 2019, add $75 to appropriate VEBA Member above $75.00 $ nn 6 Total Enclosed $50

Please send this form with your check (payable to VEBA) to: VEBA Annual Meeting c/o General Registrar, City of Salem 19 East Clay Street Salem, VA 24153

Important: A completed registration form must accompany your payment. If you are having your Registrar or City/County Finance Department send in your fee, be sure the registration form is included, We cannot accommodate position changes made during March reorganization on badges, No VEBA cancellations will be accepted after February 28, 2020. Questions? Please call Dana Oliver @ 540-375-3034

‘SPECIAL DIETARY REQUIREMENTS?.

Russell County Board of Supervisors

Travel Request Approval Form Date Submitted 17-Dec-19

Employee Name(s) Jewel Blackwell & Kelly McBricde Delph Department. Russell County Public Library

Phone 276-889-8044

[Email (optional) [email protected]

cana AE ING le De

ICo Admin Signature

Destination Nashville, TN Purpose/ Dates of Travel Public Library Assoc. conference Feb 85-a7, 2020 lAnticipated Expenses

lrype of Expense Description of Expense

airfare

Ground Transportation

IConf/Registration Fees $305 x2

Lodging $167.65x4

Meals and Tips $61x5x2

IMiteage 3242 = 648 miles RT

other * Friends ofthe Library and State Aid will pay for these expenses *

276-889-8000

Daily Expenses # of (exceot Airfare) Dave Total Expenses Amt Approved

$610.00 $670.60

$610.00 $375.84

Grand Total $2,266.44

vatesigned | F Dac. QO/F

Date Approved

1b. our lodging is well below the per diem for Nashville, TN

MONTHLY BANK BALANCES,

November 30, 2019

Regular Account 5,416,440.61 Employee Insurance 3,211,295.69 Employee Claims Account 4,000.00) Non-Judicial Reals Estate Sales 2,388.81 Russell Co, Housing Fund 4,424.36 School Textbook 29,962.00 Sheriff Domestic Violence 2,207.40 Petty Cash Treasurer 294.30 Sheriff Seized Assets 54,538.05 Sheriff Restitution 1,545.45 Sheriff Forfeited Assets 502.80 Comm Attomey Forfeited Assets 31,690.89 Sheriff Federal Forfeited Assets 7,520.93 Comm Attorney Fed Justice Forfeited Assets 168,620.66 Commonwealth Attorney Abanoned Property 500.00 Sheriff Federal Justice Forfeited Assets 7,913.17 Sheriff Calendar Fund 387.31 SSI Recipients 0.08 First Sentinel Bank 4,128.80 Bank of Honaker 28,941.40 New Peoples Bank 165,736.15 Certificates of Deposit General 49,575.00 ‘Treasurer’s Money Market 4,578,410.95 Certificate of Deposit Library Donations 24,788.80 Total Cash In Bank 10,792,783.61 Cash In Office 1,829.67 Petty Cash 100.00

TOTAL CASH 10,794,713.28

DATE, November 30, 2019 ACCOUNT DEBIT. ‘CREDIT

Cash in Office 1,829.67 Cash in Bank 10,792,783.61 Petty Cash 100.00 General Fund $507,214.01 Non-hudicial Real Estate Sales 2,388.81 Sheriff In State Trip 30,551.95 Sheriff Dare Fund 100.00 Sheriff Seized Assets 54,538.05 Sheriff Restitution 1,545.45 Sheriff Forfeited Assets 502.80 ‘Comm Attorney Forfeited Assets 37,690.89 Honaker Library Donations 24,783.87 Russell County lousing Fund 4,424.36 Sheriff Federal Forfeited Assets 7,520.93, Sheriff Domestic Violence 2,207.40 ‘Comm Attorney Abanoned Prop 500.00 ‘Comm Attomey Fed Justice 768,620.66 Sheriff Fed Justice Forfeited 7,913.17 ‘Sheriff Calendar Fund 367.31 Social Services (222,546.58) ‘Swva Asap 12,874.45 ‘Coal Road Improvement 322,030.40 CSA (494,351.27) ‘School Fund 4,222,853.47 ‘School Food 396,669.28 ‘School Textbook 29,962.00 Regional Adult Education 253,521.13 Petty Cash Treasurer 294.30 Litter Fund Trash Pickup (23,611.50) Current Credit 7124 Current Debit 14.44 Title XX 77,321.05 SSI Recipients 0.08 Damage Stamp Fund 7,823.98 Valley Heights 59,190.01 Dante Sewer 49,575.00 Employee Health Insurance 3,211,295 .69 Employee Insurance Claims 7,000.00 Law Library 54,330.13 Special Welfare 50,636.20 Housing Fund #2 7,700.00 Russell Co Health & Fitness 117,025.12 Cannery (122,876.72) WIB 10,051.75 Total 10,794,743.28 10,794,713.28

November 14, 2019 ‘The Regular monthly meeting of the Industrial Development Authority of Russell County, Virginia was held on November 14, 2019, at 5:30 P.M. at Bonanza Family Restaurant, Main Street, Lebanon, Virginia.

MEMBERS PRESENT: Erie McFaddin, Chairman Richard Lockridge, Vice Chairman Carlton Elliott, Secretary Mike Hincher. Member Roger Sword, Member Tony Dodi, Member David Mullins, Member Scott Gilmer, Member

ABSENT: Jarred Glass, Member

STAFF: Ben Chafin, Attorney

The Chairman called the meeting to order at 5:40 P.M. Secretary called the roll and recorded the roll call.

APPROVAL OF MINUTES Upon motion made by Scott Gilmer, second by David Mullins and duly approved by the Industrial Development Authority of Russell County, Virginia to approve the minutes of the October 10, 2019 meeting correcting the absence of Davis Mullins until the vote on the conveyance of property to the Town of Lebanon.

The Vote was:

Aye: R. Lockridge, C. Elliott, T. Dodi, R. Sword, M. Hincher, D. Mullins, S. Gilmer

Absent: J. Glass.

Nay: None

FINANCIAL REPORT Upon motion made by David Mullins, second by Tony Dodi, and duly approved by the Industrial Development Authority of Russell County, Virginia to approve to pay invoices presented on November 14, 2019.

The Vote was: Aye: R. Lockridge, C. Elliott, T. Dodi, R. Sword, M. Hincher, D. Mullins, S. Gilmer

Absent: J. Glass

Nay: None

ATTORNEY’S REPORT ‘The Attorney and the Chairman attending a meeting with Russell County Reclamation LLC to discuss the transference of property to the IDA. Terms of the transfer were discussed and the RCRLLC attorney will provide a draft of the agreement for review. The latest Tobacco Commission grant is approved and ready to be executed,

Upon motion made by Richard Lockridge, second by David Mullins, and duly approved by the Industrial Development Authority of Russell County, Virginia authorizing the chairman to sign and execute a grant agreement with the Tobacco Commission for project “Reclaim”.

The Vote was: Aye: R. Lockridge, C. Elliott, R. Sword, D. Mullins, S. Gilmer Absent: J. Glass, T. Dodi

Abstain: M Hincher

Nay: None

CHAIRMAN’S REPORT PolyCap ribbon cutting tentatively set for December 16", 17", or 18",

The chairman informed the IDA, I-go wireless is asking for a non-disclosure agreement with the IDA.

Upon motion made by Richard Lockridge, second by David Mullins, and duly approved by the Industrial Development Authority of Russell County, Virginia adopting a non-disclosure agreement with I-go wireless and authorizing the chairman and members to sign pending legal review.

‘The Vote was: Aye: R. Lockridge, C. Elliott, R. Sword, D. Mullins, S. Gilmer, M Hincher Absent: J. Glass, T. Dodi

Nay: None

The chairman expressed a need for some office furniture in the IDA office.

Upon motion made by Richard Lockridge, second by David Mullins, and duly approved by the Industrial Development Authority of Russell County, Virginia authorizing the chairman to purchase furniture and equipment for the IDA office.

The Vote was: Aye: R. Lockridge, C. Elliott, R. Sword, D. Mullins, $. Gilmer, M Hincher

Absent: J. Glass, T. Dodi Nay: None

‘The preliminary plans to locate the Health Department in the Government Center are being reviewed.

C-6 Corporation did not sign the agreement for the land grant and the time limit has expired.

CLOSED SESSION Upon motion made by Mike Hincher, second by Richard Lockridge and duly approved by the Industrial Development Authority of Russell County, Virginia to enter Closed Session as permitted by, VA Code #2.2-3711 (5) Prospective unannounced industry (7) & (8) Legal Counsel.

The Vote was:

Aye: R. Lockridge, C. Elliott, R. Sword, D. Mullins, S. Gilmer, M Hincher Absent: J. Glass, T. Dodi

Nay: None

RECONVENE TO PUBLIC SESSION Upon motion made by Roger Sword, second by Richard Lockridge, and duly approved by The Industrial Development Authority of Russell County, Virginia, the Chairman called the meeting back into regular session and requested the “Certification Motion after reconvening in Public Session”.

The Vote was:

Aye: R. Lockridge, C. Elliott, R. Sword, D. Mullins, S. Gilmer, M Hincher Absent: J. Glass, T. Dodi

Nay: None

CERTIFICATION AFTER RECONVENING IN PUBLIC SESSION The Industrial Development Authority of Russell County, Virginia hereby certifies that, in the closed session just concluded, nothing was discussed except the matter or matters (1) specifically identified in the motion to convene in closed session and (2) lawfully permitted to be so discussed under the provision of the Virginia Freedom of Information Act cited in that motion,

The Roll Vote Was:

Ernie McFaddin Yes Mike Hincher Yes Carlton Elliott Yes Jarred Glass Absent Scott Gilmer Aye David Mullins Yes Tony Dodi Absent Richard Lockridge Yes

Roger Sword Yes

Upon motion made by Richard Lockridge, second by David Mullins and duly approved by the Industrial Development Authority of Russell County, Virginia authorizing the chairman to enter in to a lease obligation with the Russell County Board of Supervisors for the Givens Elementary School and subleasing to Project “Grow” with the same terms.

The Vote was:

Aye: R. Lockridge, C. Elliott, R. Sword, D. Mullins, S. Gilmer, M Hincher Absent: J. Glass, T. Dodi

Nay: None

ADJOURNMENT Upon motion made by Scott Gilmer, second by Richard Lockridge, and duly approved by the Industrial Development Authority of Russell County, Virginia adjourning this meeting at 9:12 PM.

The Vote was: Aye: R. Lockridge, C. Elliott, R. Sword, D. Mullins, S. Gilmer, M Hincher Absent: J. Glass, T. Dodi

Nay: None

MINUTES OF THE DIRECTORS’ MEETING and JOINT MEETING w/ RCBOS

MINUTES OF A MEETING OF DIRECTORS and JOINT MEETING w/ RCBOS of The Russell County Public Service Authority held at held at 137 Highland Drive Lebanon, VA 24266 on this 17th day of December 2019 at 6:00 PM.

1, The following members were present, constituting a quorum (4): Carter MeGlothlin, Chairman; Clifford Hess, Viee Chairman

a Porter, Treasurer;

Rhonda Lester, Secretary,

Also present: Harvey Hart;

James Baker, T&L:

Rita Baker, T&L:

Katie Patton;

Sutherland, Crossroads;

n Musick, Crossroads; and Donnie Christian

All the directors of The Russell County Public Service Authority being present, formal notice calling the meeting was dispensed with, and the meeting declared to be regularly called.

‘arter McGlothlin acted as Chairperson of the meeting and Rhonda Lester as Secretary of the meeting.

  1. Harvey Hart opened the meeting with the Pledge of Allegiance followed by a prayer led by Cuba Porter

  2. Approve Agenda - Motion to amend the agenda to add c) Review/Approve Resolution for Dissolution of Castlewood Water and Sewage Authority, d) Review/Approve Resolution for Transfer Agreement, e) Review/Approve Service Agreement w/ RCBOS Regarding the Dante WWTP subject to revisions made by legal counsel to New Business made by Clifford Hess, seconded by Chris Dye, and unanimously adopted.

  3. Minutes of the last meetings dated November 19, 2019 and December 2, 2019 were reviewed and, upon motion duly made by Terry Powers, seconded by Cuba Porter, were unanimously adopted as read.

  4. Public Comments: None

  5. Harvey Hart, Interim Acting Director, presented to the meeting:

Bank Acti ind Account Balances Reports Profit and Loss Reports

Outstanding Construction Receivables Report Systems Water Loss Reports

eee e

and upon motion made by Clifford Hess, seconded by Terry Powers, were unanimously adopted as presented.

10, Cuba Porter inquired about the multiple bank advised the Board that on December 26" and 2

e. Rhonda Lester ind

ounts and their purpos itis planned to merge the two Operatis

two Construction General Ledgers together. As a result all of the bank accounts, with

exception to the NPB combined ai

nvironmental Waste, NPB CD#98737, and NPB CD#12020, would be cordingly to form one Operating Account, one Construction Account, and one

Savings Account as required by the Bylaws of The Russell County Public Service Authority.

11, Joint Meeting w/ RCBOS began at 6:17 PM

Public Hearing regarding (1) Transier of Real Property from RCBOS to the Russell County Public Service Authority; (2) ‘Transfer of Property/Assets from Castlewood Water and Sewage Authority to the Russell County Public Service Authority

Floor was opened for public comments regarding Public Hearing for (1) Transfer of Real Property from RCBOS to the Russell County Public Service Authority; (2) ‘Transfer of Property/Assets from Castlewood Water and Sewage Authority to the Russell County Public Service Authority: No Comments

Lonzo Lester, County Administrator offered to the meeting a summary regarding the merger of the two Authorities: “The Castlewood Water and Sewage Authority was officially combined with Russell County Public Service Authority by the State Corporation Commission on June 24, 2019. Since then, we have gone through the transition to financially, administratively, and operationally combine the two entities to give better service to all Russell County citizens. Now that we have one entity that is financially sound, this gives the RCBOS a great opportunity to move forward with extending water and sewer services with better rates.”

Katie Patton, RCBOS Attorney presented the members of the RCBOS and RCPSA with copies of two documents: 1) Resolution for Dissolution of Castlewood Water and Sewage Authority 2) Resolution to Approve Transfer Agreement

Motion to authorize the signature of the joint Resolution to Dissolve Castlewood Water and Sewage Authority upon the closing of the Transfer of Assets of the Castlewood Water and Sewer Authority to the Russell County Public Authority made by Steve Breeding, seconded by David Eaton, and unanimously adopted

Motion to authorize the signature of the joint Resolution to Approve the Transfer of Assets Agreement of the Russell County Public Service Authority subject to approval of legal counsel and any modifications or amendments required by Rural Development and Virginia Resources Authority in closing on the Property made by Steve Breeding, seconded by David Eaton, and una adopted.

Motion to approve RCBOS to enter into an Agreement with The Russell County Public Service Authority for the operation and management of the Dante WWTP

upon legal counsel’s advice made by Steve Breeding, s unanimously adopted. © RCPSA’s Board was excused from the Joint Meeting w/ RCBOS at 6:44 PM

conded by David Eaton, and

Carter McGlothlin, Chairman presented to the meeting Past Due Customer Reports for Board iew. Rhonda Lester advised the Board that copies of the Board approved “Service Rules and Regulations” had been send out to all customers. Also, the 0 have reached out to past due customers to either setup payment plans (basi nent Plan Seale outlined in the Service Rules and Regulations) or pay their past due amounts by the due dates in January 2020 to avoid disconnection of services.

Rita Baker with Thompson & Litton and Darian Musick with Crossroads Engineering presented to the meeting the following project updates from November 15, 2019 to date:

© GLADE HOLLOW/GLADE HILL WATER PROJECT

This project consists of replacing approximately 1.5 miles of old 2-inch galvanized line with a 8- inch and 6-inch line and adding fire protection to approximately 20 homes along with an additional area of Russell County that has approxi 20 homes of new service. VDH made an offer to the RCPSA, Coalfield Water Development Fund approved $75,000, and SW VA W/WW awarded $120,000. Still waiting on Loan Closing to be scheduled. As of 11/14/19, 2,120 LF of 8-inch water line had been installed in the Glade Hollow section. Bid opening of materials was held on 12/13/19,

  • NASH’S FORD/CLINCH MOUNTAIN ROAD ‘This project will be providing water service to approximately 38 customers. Applied to VDH al the end of March 2019. Receiv from VDH on this Application, Information was retumed to VDH on 4/23/19. Waiting to hear if this Project receives funding from VDH.

$ NEST /BOODY WATER LINE EXTENSION PRO.JECT Received $40,000 funding from Coalfield Water Development Fund, Verbal approval by VDH was given on 10/11/19. Materials are ordered, Received $100,000 from SW VA WIWW for this project. Crew has completed 6-inch line on the Creek Side section of the project. Lack ‘meters, pressure testing, paving, and clean up.

¢ CLEVELAND TRASH SITE/COUNTY No work done on this project this reporting period,

  • BELFAST (RT. 603) - EXTENSION This project received a grant from CWDF in the amount of $125,000, and $109,000 from SWVA W /WW Fund. Received approval from VDH and Soil Conservation for this Project. DHCD funding in the amount of $630,000. Contract negotiation meeting w/DHCD was held on 11/13/19. CPPDC is working on completing items on the Environmental. Bid opening of materials was held on 12/13/19,

© POTENTIAL WELLS ‘A meeting was held with VDH in Abingdon on April 6, 2017 to discuss the poss utilizing an existing well located at the old Elk Garden Elementary School into the existing lines in the Elk Garden Community. Drilling of a new well was discussed in the Green Valley

area, The ability to use these wells, will reduce water purchase from Tazewell County and the Town of Lebanon respectfully. An initial meeting with Charles Rest was held regarding site approval. No new update.

© CLEVELAND METER REPLACEMANT (WSL-026-13) ists of 100 - 115 Meter Replacements, 3 - 4 street crossings, & well improvements. Categorical Exclusion expired. No working on until August 2019. No new update.

  • CASTLEWOOD METER REPLACEMANT (WSL-028-14) Consists of approximately 1,939 service meters & leak detection meters and telemetry. Meters have been installed, but some are not working properly, ‘This project is not part of the expired categorical exclusion. Work can continue on this project. Project was scheduled for completion in October 2016. A meeting with Crossroads was held to discuss completion of this Project. Meeting w/Core & Main regarding meter issues on 10/14/19. In process of working out failure issues with the master meters (possible insurance elaim); will need change order approval for contractor to install cable/internet VPN at the main line pump s

  • SYSTEM IMPROVEMENTS PH 1 (WSL-027-17) Consists of 900 feet of water line replacement along Memorial Drive, 1,700 feet raw water pipe for Sargent Springs WTP, will be placed above ground, 3 water pumps, and receptacles and transfer switches for generator connections at WTP. Force Account request was approved but will need resubmitted for RCPSA. Plans & Spees not submitted. VDH needs to know status of plans & specs and timeframe for completion, Project currently on hold by VDH and VRA.

¢ LAKE BONAVENTURE TO SOUTH CLINCHFIELD WL REPLACEMENT Plans & Specs have been approved. Construction permit issued 7/26/17. Environmental has been approved. Force Account request was approved but will need to be resubmitted for the RCPSA. VDH is requesting copy of the bid documents to be submitted. Had requested from Crossroads earlier but did not receive. VDH put project on hold in November 2017. Once Force Account & Bid Documents are approved, Loan Closing/Construction can start on this project. Awaiting VDH’s response to a request to fund this project with principal forgivenes funds.

¢ EAGLE’ S NEST Waiting on engineering to complete the design for an altitude valve. Still lacks mise. plumbing around the tanks. Crossroads will revisit procurement for the plumbing materials,

  • DANTE TO ST PAUL SEWER Design was submitted to DEQ for technical review. Awai approval of this project.

ing County’s participation in the

14, Carter McGlothli were offered.

Chairman presented to the meeting and thereupon the following resolutions

IT WAS RESOLVED THAT:

© Motion to approve the advertising for Invitations for Sealed Bids for the Sale of Surplus Vehicles made by Cuba Porter, seconded by Joe Hut, and unanimously adopted.

ion’s NPB Line of Credit adopted.

® Motion to approve the Renewal/Refinance of Castlewood Di made by Clifford Hess, seconded by Terry Powers, and unanimo!

  • Motion to authorize the signature of the joint Resolution to Dissolve Castlewood Water

and Sewage Authority upon the closing of the Transfer of Assets of the Castlewood Water and Sewer Authority to the Russell County Public Authority made by made by Clifford Hess, seconded by Chris Dye, and unanimously adopted,

  • Motion to authorize the signature of the joint Resolution to Approve the Transfer of Assets Agreement of the Russell County Public Service Authority subject to approval of legal counsel and any modifications or amendments required by Rural Development and Virginia Resources Authority in closing on the subject Real Property made by Clifford Hess, seconded by Terry Powers, and unanimously adopted.

  • Motion to approve RCPSA to enter into an Agreement with RCBOS for the operation and management of the Dante WWTP upon legal counsel’s advice made by Terry Powers, seconded by Clifford Hess, and unanimously adopted.

© Motion to approve the change order for the contractor to install cable/internet VPN at the Main Line Pump Station on the SCADA project made by Chris Dye, seconded by Clifford Hess, and unanimously adopted.

  1. Old Business to Discuss: © Terry Powers inquired about the purchase of the (6) new service trucks. Harvey Hart advised that the order had been placed and the trucks should be delivered within a couple of weeks, © Harvey Hart advised the Board that interviews for the WWTP Manager had been put off until after the holidays,

16, Matters presented by the Board: None

  1. There being no further business to come before the meeting, a motion to adjourn at 7:44 PM. was made by Chris Dye, seconded by Clifford Hess, and duly approved by the Board of Directors. The next meeting is scheduled for January 21, 2020 at 6:00 PM.

Dated in the Commonwealth of Virginia on the 17th day of December 2019.

(Signature)

Secretary Name: Rhonda Lester

RUSSELL COUNTY CONFERENCE CENTER

December 1, 2019

‘The following is a list of the Russell County Conference Center events for the month of December.

Date Event Event Type space 2001119 UMWA Christmas Dinner Individual Full Botty Dingus Event $125

1290219 Board of Supervisors Meeting Community Full Lonzo Lester Event Free

$125

1270319 Ballard Health Holiday Health Celebration Community Full Susan Hilton Event $455

‘2705/19 Russell County DSS Christmas Dinner Individual Ful Melissa Lester Event $240

‘2106/19 50" Wedding Anniversary Party Individual Fall Lor Philips Event $125

‘2/08/19 Birthday Party Individual Halt Katie Blankenship Event $100

‘2i09r19 Woodmen ofthe World Life Christmas Dinner Individual Fall Bonne Melothin Event $136

2019 Cumberland Plateau Heelth District Staff Development Individual Full Ea Event $210

Rebecca O’Quinn

120119 Russell County Treasure Tax Sale ‘Community Full Alicia MeGlothiin Event Free

$125

sanang Russell County Employ Christmas Lunch Individual Full Lonzo Lester Event Free

$125

123g Birthday Party Individual Half Dara Francis Event $100

1enang Mercy Ambulance Service Christmas Dinner Individual Full Jay Lewis Event $295

1245119 ‘Smith Family Christmas Dinner Individual Full ‘Amy Smith Event $135

42/69 DMME Christmas Dinner Individual Full Megan Sturgill Event $125

s2itena Mountain Movers ‘Community Full Woody Scott Event Free

$125

saneris UMWA Christmas Dinner Individual Full kelly Smith, Event $125

s2nons Farm Bureau Christmas Dinner Individual Full Bruce Warmer Event $210

12122119 MeGlothiin Family Christmas Dinner Individual Half Rhonda Sword Event $100

121249 ‘Sword Family Christmas Dinner Individual Full Wanda Sword Event $125

(Total: $3,105.00)

  • $500

Final Total = $ 2,605.00

| RUSSELL COUNTY CONFERENCE CENTER

2019 Yearly Report

$680.00

January.

February… +±$1,415.00

March… $2,345.00

$2,875.00

…$ 1,955.00

+$1,570.00

$1,665.00

+±$2,210.00,

$1,295.00

2,575.00

November…

$1,800.00

December. $2,605.00

Total = $22,990.00

Russell County Health & Fitness

Membership 2018 2019 February | March | April | May | June | July | August | September | October | November | December

[Members / Class Packages 235| 255; 257] 233] 138] 153| 173 375 169] a4] 132] Pay Per Class 7 7 7 3 3 s od 0 2 3 3 [Total Engagement 22 272 263 2365 201] aa] 373] 15| im 127] 135]

Sales [Sales Month to Date * $4517.00 $ 4700.00 $ 4,090.00 [$ 3,362.00 $802.00] $830.00] $653.00 $418.00] $398.00] $1,069.09] $752.00] [Sliver Sneakers $230.00 345 $362.50] $250.00| $230.00 $232.50 $227.50] $252.50] $215.00] $ 4320.00 | $ 3,707.00 | $1,263.50] $1,080.00] $883.09] $650.50] $625.50] $1,321.50] $867.00]

Payroll Instructor /Trainer Payroll_[ $1,530.00] $1,320.00] $1,470.00] $1,345.00] $1,285.00] $825.00] $1,005.00] $260.00] '$810.00] $1,035.00] $990.00}

  • Reporting from 11/21/2019 - 12/20/2019
  • SALES NOW REFLECT CASH AND CHECKS COLLECTED BY THE FITNESS CENTER ONLY *

THE RUSSELL COUNTY TRANSPORTATION AND SAFETY COMISSION MET AT THE BONANZA RESTAURANT IN LEBANON VIRGINIA ON DECEMBER 10TH 2019

MEMBERS & GUEST PRESENT

EUGENE FERGUSON TONY MAXFIELD TIMLOVELACE mike O’quinn linda cross HENRY STINSON = GARYDOTSON ~—_ BarbaraCox Carl Rhea Henry Kinzer JOHNNY JESSEE

GUARD RAILS 1-GUARD RAILS THROUGHTOUT THE COUNTY EMERGENCY AREA’S WILL BE REPAIRED FIRST

SHOULDER REPAIR AND POT HOLE

1-Rt 645 shotgun hollow 6 to 8 large pot holes

2-RT 662 ONE FOURTH MILE NEAR SPRING CITY NEEDS RIP RAP AND BRUSH CUT. Brush has been cut

3-Rt 646 Finney trash site pipe stopped up possibility needs a longer pipe 4-Rt 613/58 just off Rt. 58 at parking lot pavement broken off causing vehicle problems.Gravel has been pulled up against pavement

5-Rt. 639 Laurel Br. Bridge on top needs to be resurfaced

6-Rt 195/949 needs warning signs or a turn lane having several wrecks

7-Rt 645 ruff spot in asphalt needs new patch

8-Rt 645asphalt coming off in curve needs new patch

SCHOOL BUS SAFETY AND OTHER CONCERNS 1-Rt 635 Horton Ridge needs a school bus stop warning sign installed at a sharp

curve 2-- RT 19 N / RT 80 INTERSECTION LINES NOT VISIBLE FOR TRAFFIC LANES

3-Rt 58E two dead trees leaning on the high wall and one on top of wall % mile past Quarry road

ITEMS REPORTED CORRECTED 1-Rt 58 E just beyond Rt. 613 several rails have been damaged near P&P machinery

NEXT MEETING WILL BE JANUARY 14TH 2020 WE THANK ALL WHO ARE INVOLVED IN KEEPING OUR ROADWAYS SAFE AND OUR GUEST PARTICAPTION

SAFETY IS A COMMITMEN’

HIIIPREPARED BY GARY DOTSON

NAME: WARREN & LESHA KISER

ADDRESS: 4478 RED OAK RIDGE RD. CASTLEWOOD, VA 24224 ‘TAX MAP ID. 158 R SB 1831

EVALUATION DATE: 11/21/2017

NOTIFICATION DATE: 04/11/2018

PUBLIC NOTICE: 04/18/18–04/25/18

PROPERTY OWNER RESPONSE 5/1/18

5/1/18: Property owner(s) contacted the RCBO to request an extension of time tobring property into compliance due to work schedule.

6/4/18 Property owner(s) stated they are working on cleanup 7/25/18 Ms. Kiser contacted the RCBO, updated on progress, stated they were experiencing delays to work schedule and weather.

8/27/18 Follow up visit conducted by RCBO, could not see progress on compliance efforts. 2nd notice to be issued to property owner(s).

9/28/18 Ms. Kiser contacted RCBO, reported progress is continuing to be made on site, 12/11/18 Ms. Kiser contacted RCBO, reported progress is continuing to be made on

2/19/19 Follow up visit by RCBO, progress appears to have ceased. Building Official is setto appear before the Russell County Board of Supervisors to present findings and discuss further actions to be taken by the county. Follow up correspondence has been sent to the property owner(s), via Certified Mail.

3/22/19 Return receipt of certified letter sent property owner(s), received by RCBO. 4/25/19 No further response from property owner(s).

5/23/2019 —_No response from property owner(s) to report, RCBO requests direction from RCBOS, on to how to proceed.

6/19/2019: _As of the current date, there has been no response from the property owner. A follow up letter is being issued to encourage the property owner to communicate with the RCBO.

07/22/2019 _ As of the current date, there has been no response from the property owner. A follow up letter was issued on 6/19/2019, to encourage the property owner to communicate with the

RCBO. The RCBO received the return card showing the certified letter had been delivered, with no response from the property owner

09/25/2019: As of the current date, there has been no response from the property owner. A follow up letter was issued on 6/19/2019, to encourage the property owner to communicate with the

RCBO. The RCBO received the return card showing the certified letter had been delivered, with no response from the property owner

09/25/2019: RCBO requests

.ction from RCBOS, on to how to proceed. 10/29/2019: RCBO requests direction from RCBOS, on to how to proceed. 11/18/2019: _ RCBO requests direction from RCBOS, on to how to proceed.

12/19/2019: _ RCBO requests direction from RCBOS, on to how to proceed

Russell County Building Department 137 Highland Dr. Lebanon, VA 24266 Phone: 276-889-8012

Fax: 276-889-8009 [email protected] Mickey L. Rhea — Building Official

2"! NOTIFICATION June 19,2019 Warren & Leasha Kiser

4478 Red Oak Ridge Rd. Castlewood, VA 24224

RE: Dilapidated House/Structure Location: 4478 Red Oak Ridge Rd. Castlewood, VA 24224 ‘Tax Map Ld. #158 R SB 1831

Dear Mr. & Mrs. Kiser,

This letter is in reference to the above listed property that has been determined to be in violation of the Russell County Dilapidated Building/Structure Ordinance. An initial observation on the property was conducted on November 21, 2017. On July 25, 2018, you contacted this office to obtain an extension of time to complete the remainder removal of

the structure,

Several observation visits were conducted through-out the final months of 2018 and a final

follow-up observation of the property was conducted on February 19, 2019, and per visit, it is my determination that progress on the removal of the structure and debri

not been met.

Please be advised that this letter is to inform you that due to the extensive amount of time given and the lack of significant progress, I will be appearing before the Russell County

Board of Supervisors to present a report on these findings on July 1, 2019 and to also gain direction from them to initiate further legal action regarding this matt

Ifyou have any questions, please contact me at my office,

Sincerely,

Mickey L. Rhea Building Code Official

NAME: MARTIN & REBECCA BELLAMY

ADDRESS: 6594 DANTE RD. DANTE, VA 24237 TAX MAP ID. 159 RIC 2253

EVALUATION DATE 6/27/2018

NOTIFICATION DAT! 7/5/2018

PUBLIC NOTICE: 08/08/18-08/15/18

PROPERTY OWNER RESPONSE No Response

1/4/2019 RCBO and his office have exhausted all notification efforts in contacting Property Owner

2/13/2019 __RCBO requests recommendations from the Russell County Board of Supervisors on how to proceed

03/1519 RCBO requests recommendations from the Russell County Board of Supervisors on how to proceed

4/1/2019 RCBO and his office have exhausted all notification efforts in contacting Property Owner

5/23/2019 RCBO requests direction from RCBOS on how toproceed.

6/19/2019 RCBO has not been able to make contact with property owner and asks the RCBOS to. advise on how to proceed from this point forward.

09/25/2019: _ RCBO has been unable to make contact with property owner and asks the RCBOS to advise on how to proceed from this point forward.

10/29/2019: _ RCBO has been unable to make contact with property owner and asks the RCBOS to advise on how to proceed from this point forward.

11/18/2019: RCBO requests direction from RCBOS, on to how to proceed.

12/19/2019: — RCBO requests direction from RCBOS, on to how to proceed

NAME: TIM & RENDY HALE

ADDRESS: 192 LOWER BEAR WALLOW RD. DANTE, VA24237 TAX MAP ID. 159 R2189

EVALUATION DATE 6/22/2018

NOTIFICATION DAT 7/5/2018

PUBLIC NOTICE: 08/08/18-08/15/18

PROPERTY OWNER RESPONSE 7/25/2018

7/25/2018 Ms. Hale contacted the RCBO, stated that she was working on cleaning up property Due to work and trying to find assistance in hauling/removing debris, the remainder of the cleanup.

10/26/2018 _RCBO granted a 30 day extension to continue to work onsite.

12/3/2018 _ Mss. Hale contacted the RCBO, requested an additional extension to continue to work on the site. RCBO, Rhea, granted the extension.

2/19/2019 Follow-up conducted by RCBO, progress appears to have ceased. RCBO is set to appear before the Russell County Board of Supervisors, to present findings and discuss further actions to be taken by the county. Follow-up correspondence has been sent to property owner, via certified mail

2/25/2019 _ Follow-up notification letter was returned to the RCBO , stating owner had moved and no forwarding address was available.

4/25/2019 RCBO requests recommendations from Russell County Board of Supervisors on how to proceed from this point.

5/23/2019 _RCBO requests direction from RCBOS on how to proceed.

6/19/2019 RCBO has been unable to make contact with property owner, RCBO asks the RCBOS to advise on how to proceed from this point forward.

09/25/2019: _ RCBO has been unable to make contact with property owner, RCBO asks the RCBOS to advise on how to proceed from this point forward.

10/29/2019: _RCBO has been unable to make contact with property owner, RCBO asks the RCBOS to advise on how to proceed from this point forward.

11/18/2019: RCBO requests direction from RCBOS, on to how to proceed.

12/19/2019: RCBO requests direction from RCBOS, on to how to proceed

Loretta Vance

From: josh@rcso-vanet

Sent: Tuesday, January 07, 2020 9:34 AM To: Loretta Vance

Subject: MONTHLY ANIMAL REPORT

ANIMAL CONTROL ANSWERED 120 CALLS FOR SERVICE

5 CATS ADOPTED ‘THE YEARLY REPORT HAS BEEN SUBMITTED TO VDACS.

WE NEED TO REVIEW THE COUNTY ORDINANCES FOR ANIMALS AND REDO THEM, THEY ARE LISTED TO GO ALONG WITH 3.1 CODE SECTIONS,3.2 CODE SECTIONS ARE NOW THE ANIMAL STATUTES, WE NEED TO FIX THIS, WOULD LIKE TO SIT DOWN WITH LONZO AND. ‘THE COUNTY ATTORNEY AND GET THESE FIXED, THEY ALSO NEED A COUNTY ORDINANCE NUMBER AS WELL.

Library Board of Trustees Meeting Pssel Cou Pe Liar,

Members Present Members Absent Judy Ashbrook Yvonne Dye ‘Ann Monk Susan Breeding Karen Herndon Sharon Sargent Karen Davis Sharon VanDyke *

Chair Karen Herndon called the meeting to order 19 November 2019 at 5:07 pm.

Minutes: Sharon Sargent made and Karen Davis seconded a motion to approve the minutes as, distributed; motion passed.

Financial: Judy Ashbrook made and Ann Monk seconded a motion to approve the bills; motion passed.

Staff Reports: Kelly McBride Delph reviewed the Programs, Activity, and Director’s Reports.

Unfinished Business: The Professional Development and Continuing Education Policy was discussed and revised again for approval next month.

New Busines sharon Van Dyke made and Judy Ashbrook seconded a motion that RCPL reimburse Doris Pruitt for the prerequisite to the required cataloging course she completed in spring 2019; motion passed.

Review and Summary:

Sherry Lyttle made and Ann Monk seconded a motion to adjourn. Respectfully submitted,

Kelly McBride Delph

Organizational Meeting.pdf
Meeting: 1/13/20    6:00 PM
Staff Recommendation:
Suggested Motion:

Authorization - Minutes BOS.pdf
SUGGESTED MOTION(s):

Authorization - Expenditures.pdf
SUGGESTED MOTION(s):

Pre-Authorization Expenditures.pdf
SUGGESTED MOTION(s):

Board Appointments for 20201.pdf
Sheet2

Presentations - Attorney.pdf
Meeting: 1/13/20         6:00 PM
Staff Recommendation:
Suggested Motion:

Reports1.pdf
Meeting: 1/13/20         6:00 PM
STAFF RECOMMENDATION(s):
SUGGESTED MOTION(s):
ATTACHMENTS:

VDOT IACM1.pdf
FWS Official Species List 7.19.19.pdf
United States Department of the Interior
FISH AND WILDLIFE SERVICE

Official Species List
Project summary
Endangered Species Act species
Mammals
Fishes
Clams
Critical habitats


USFWS National Wildlife Refuge Lands and Fish Hatcheries

FWS Bat Concurrence Verification 5.21.19.pdf
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Project description
Name
Description


Determination key result
Qualification interview
Submitted Documents

Project questionnaire
Avoidance and minimization measures (AMMs)
General AMM 1
Lighting AMM 1
Tree Removal AMM 1
Tree Removal AMM 2
Tree Removal AMM 3
Tree Removal AMM 4

Determination key description: FHWA, FRA, FTA Programmatic Consultation for Transportation Projects affecting NLEB or Indiana Bat


ADP5A74.tmp
Species Conclusion Table


LOCAL AGENCY DASHBOARD_Q1SFY20_For Distribution.pdf
Public Assistance

Noise Ordinance.pdf
NOISE CONTROL
Section 2. Definitions.
Section 3. Noise disturbances – Prohibited generally.
Section 4. Same – Specific prohibitions.
Section 5. Same – Exceptions.

Presentations.pdf
Meeting: 1/13/20           6:00 PM
Staff Recommendation:
Suggested Motion:
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