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2020-10-05 17 00-Russell BOS-Regular Meeting-Packet
Document Date: October 5, 2020 Document: 2020-10-05_17_00-Russell_BOS-Regular_Meeting-Packet.pdf
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Agenda Board of Supervisors October 5, 2020
Russell County Page 1
RUSSELL COUNTY
BOARD OF SUPERVISOR’S MEETING
AGENDA – OCTOBER 5, 2020
Conference Room Regular Meeting 5:00 PM
Russell County Governmental Center Lebanon, Virginia 24266
The Russell County Board of Supervisors Meetings will be held pursuant to the Russell County Emergency Ordinance of April 6, 2020 to allow for the Continuity of Government Operations During the Pandemic, including Altering the Process for Conducting Public Meetings; Restricting the Use of Public Buildings or Facilities; Providing Additional Powers to the Director of Emergency Management to Incur Costs, Waive Procedures, and Take Other Temporary Actions; and Suspending Deadlines and Procedures.
CALL TO ORDER & 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.)
• Project Brown & Project Jonah - Economic Development Projects
INVOCATION – Chairperson
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
APPROVAL OF AGENDA
NEW BUSINESS
- Approval of Minutes. Consider approval of the minutes of the
following meeting of the Russell County Board of Supervisors………………A-1a. Unapproved minutes of September 8, 2020
Agenda Board of Supervisors October 5, 2020
RUSSELL COUNTY BOARD OF SUPERVISOR’S MEETING AGENDA - OCTOBER 5, 2020
Conference Room Regular Meeting 5:00 PM
Russell County Governmental Center Lebanon, Virginia 24266
‘The Russell County Board of Supervisors Meetings
ill be held pursuant to the Russell County Emergency Ordinance of April wr the Continuity of Government Operations During the Pandemic, including Altering the Process for Conducting Public
of Public Bi ‘the Director of Emergency Management to es, and Take Other Temporary Actio Suspet cadlines and Procedures.
CALL TO ORDER & 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.)
- Project Brown & Project Jonah - Economic Development Projects INVOCATION — Chairperson
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA APPROVAL OF AGENDA
NEW BUSINESS
- Approval of Minutes. Consider approval of the minutes of the following meeting of the Russell County Board of Supervisors…
a. Unapproved minutes of September 8, 2020
Russell County Page 1
Agenda Board of Supervisors October 5, 2020
Russell County Page 2
-
Approval of Expenditures. Consider approval of expenditures
presented for payment….……………………….……………………………….…….A-2 -
Committee Appointments for Board Consideration.
Highway & Safety Commission
Tim Lovelace Two-Year Term October 1, 2020
Industrial Development Authority
Jarred Glass Four-Year Term October 3, 2020
CITIZEN’S COMMENT PERIOD
CONSTITUTIONAL OFFICER REPORTS AND REQUESTS
COUNTY ATTORNEY REPORTS AND REQUESTS
-
CPRWMA Manpower/User Agreement………………………………………………B-1
-
RC IDA Revenue Bond Resolution – VDH Project…….……………………………B-2
-
Project Grow Revenue Sharing Agreement…………………………………………B-3
COUNTY ADMINISTRATOR REPORTS AND REQUESTS
REPORTS
-
Russell County CARES Fund Financial Summary…………………………………C-1
-
RC School’s Learning Center………………………………………………………….C-2
REQUESTS
-
Russell County “CARES” Business Grants………………………………………….C-3
-
VEDP Commonwealth’s Development Opportunity Fund – Performance
Agreement - Polycap LLC………………………………………………………………C-4
- RC BOS Resolution of Support for VDOT Closing of Rte. 601 for
Landslide Repairs…………………………………………………………………………C-5
Agenda Board of Supervisors October 5, 2020
-
Approval of Expenditures. Consider approval of expenditures presented for payment.
-
Committee Appointments for Board Consideration.
Highway & Safety Commission
Tim Lovelace Two-Year Term October 1, 2020
Industrial Development Authority
Jarred Glass Four-Year Term October 3, 2020 CITIZEN’S COMMENT PERIOD CONSTITUTIONAL OFFICER REPORTS AND REQUESTS COUNTY ATTORNEY REPORTS AND REQUESTS
-
CPRWMA Manpower/User Agreement.
-
RC IDA Revenue Bond Resolution — VDH Project…
-
Project Grow Revenue Sharing Agreement… COUNTY ADMINISTRATOR REPORTS AND REQUESTS REPORTS
-
Russell County CARES Fund Financial Summary.
-
RC School’s Learning Center…
REQUESTS 3. Russell County “CARES” Business Grants…
-
VEDP Commonwealth’s Development Opportunity Fund — Performance Agreement - Polycap LLC…
-
RC BOS Resolution of Support for VDOT Closing of Rte. 601 for Landslide Repairs.
Russell County Page 2
Agenda Board of Supervisors October 5, 2020
Russell County Page 3
-
RC BOS Resolution of Support for VDOT Project – Roanoke Hill Road
Rte. 687 Single Lane Bridge Construction………………………………………….C-6 -
RC Planning Commission – Crystal White’s Resignation Letter……………….C-7
-
RC BOS Discretionary Community Funds………………………………………….C-8
MATTERS PRESENTED BY THE BOARD
ADJOURNMENT
COUNTY AGENCY / BOARD REPORTS:
• Treasurer’s Report ………………………………………………………………………D • RC IDA …………………………………………………………………………………….E • RC PSA …………………………………………………………………………………… F • RC Tourism……………………………………………………………………………….G • RC Planning Commission ………………………………………………………………H • Conference Center………………………………………………………………………I • RC Fitness Center……………………………………………………………………….J • RC Transportation & Safety……………………………………………………………K • RC Cannery Reports…………………………………………………………………….L • RC Building Inspector……………………………………………………………………M • RC Litter Report………………………………………………………………………….N • CPWMA Report……………………………………………………………………………O • RC Disposal Report………………………………………………………………………P
Agenda Board of Supervisors October 5, 2020
RC BOS Resolution of Support for VDOT Project - Roanoke Hill Road Rte. 687 Single Lane Bridge Construction…
RC Planning Commission — Crystal White’s Resignation Letter…
RC BOS Discretionary Community Funds…
MATTERS PRESENTED BY THE BOARD
ADJOURNMENT
COUNTY AGENCY / BOARD REPORTS:
Treasurer’s Report. RC IDA. RC PSA RC Tourism. RC Planning Commission . Conference Center. RC Fitness Cente RC Transportation & Safety. RC Cannery Reports. RC Building Inspecto RC Litter Report. CPWMA Report. RC Disposal Report.
Russell County Page 3
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)(5) - Discussions concerning prospective business interest (Project Brown & Project Johan) in locating its facilities in Russell County Virginia.
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)(5) - Discussions concerning prospective business interest (Project Brown & Project Johan) in locating its facilities in Russell County Virginia.
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 inia 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:
Board of Supervisors Action Item A-1
137 Highland Drive Presenter: Chairperson Lebanon, VA 24266
Meeting: 10/5/20 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:
• Unapproved minutes of September 8, 2020
STAFF RECOMMENDATION(s): Board discretion
SUGGESTED MOTION(s): Motion to approve Board Minutes.
ATTACHMENTS:
• Board Minutes
Board of Supervisors Action Item A-1 137 Highland Drive Presenter: Chairperson Lebanon, VA 24266
Meeting: 10/5/20 6:00 PM
Approval of Minutes
Request approval of the minutes from the following meeting:
- Unapproved minutes of September 8, 2020
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
September 08, 2020
A regular monthly meeting of the Russell County Board of Supervisors was held on Tuesday, September 08,2020 at 6:00 pm at the Russell County Conference 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 Oris Christian
Lonzo Lester, Clerk Vicki Porter, Deputy Clerk Katie Patton, County Attorney
Absent: None
Invocation by the Chair, followed by the Pledge of Allegiance to the Flag.
APPROVAL OF THE AGENDA
Motion made by Tim Lovelace, second David Eaton and duly approved by the Board of Supervisors to approve the agenda as presented.
The vote was: Aye: Tim Lovelace, David Eaton, Steve Breeding, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None
Presentations
Dr. Greg Brown, Superintendent RCPS presented a remote learning option for children in K-12 on the
days that they are not physically present at school due to the COVID-19 pandemic. Russell County Public
Schools would be partnering with the Workforce Development Board, United Way and the Board of
Supervisors to open a facility in the government center that is currently not being used by Southwest VA
Community College. Children participating in the program would receive free breakfast and lunch on
site. The facility would be staffed with two managers, two clerks and a School resource officer. Dr.
Brown asked that the Board help fund this program with COVID-19 funds in the amount of $150,000.
Other options for remote learning facilities in various locations were also discussed by the Board to
make sure all students in the county have the same opportunity. Dr. Brown agreed to explore these
options.
September 08, 2020
A regular monthly meeting of the Russell County Board of Supervisors was held on Tuesday, September 08,2020 at 6:00 pm at the Russell County Conference 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 Oris Christian
Lonzo Lester, Clerk Vicki Porter, Deputy Clerk Katie Patton, County Attorney
Absent: None
Invocation by the Chair, followed by the Pledge of Allegiance to the Flag. APPROVAL OF THE AGENDA
Motion made by Tim Lovelace, second David Eaton and duly approved by the Board of Supervisors to approve the agenda as presented.
The vote was: Aye: Tim Lovelace, David Eaton, Steve Breeding, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None
Presentations
Dr. Greg Brown, Superintendent RCPS presented a remote learning option for children in K-12 on the days that they are not physically present at school due to the COVID-19 pandemic. Russell County Public Schools would be partnering with the Workforce Development Board, United Way and the Board of Supervisors to open a facility in the government center that is currently not being used by Southwest VA Community College. Children participating in the program would receive free breakfast and lunch on site. The facility would be staffed with two managers, two clerks and a School resource officer. Dr. Brown asked that the Board help fund this program with COVID-19 funds in the amount of $150,000. Other options for remote learning facilities in various locations were also discussed by the Board to make sure all students in the county have the same opportunity. Dr. Brown agreed to explore these options.
APPROVAL TO FUND A REMOTE LEARNING CENTER
Motion made by Carl Rhea, second Steve Breeding and duly approved by the Board of Supervisors to fund the “learning center” with COVID-19 funds in the amount of $150,000 with the understanding that other locations in the county would be explored for remote learning.
The vote was: Aye: Carl Rhea, Steve Breeding, Tim Lovelace, Lou Wallace, Rebecca Dye and Oris Christian Nay: None Abstain: David Eaton
Pat Gray spoke about Constitution Week. She asked that the Board approve a resolution proclaiming the week of September 17-23, 2020 as Constitution Week.
SEPTEMBER 17-23-2020 PROCLAIMED AS CONSTITUTION WEEK
Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to approve a resolution proclaiming the week of September 17-23, 2020 as Constitution Week.
The vote was: Aye: Steve Breeding, David Eaton, Lou Wallace, Tim Lovelace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None
Toby Edwards, CPRWMA asked that the Board consider purchasing tire cutting equipment to help offset the cost of tire disposal. The abundance of tires and the cost of disposal in Russell, Dickenson and Buchanan County is constantly rising. The purchase would be funded by the balance left from last fiscal year’s budget. Therefore, there would be no extra expense to the three counties that make up the waste authority.
AUTHORIZATION FOR THE CPRWMA TO PURCHASE TIRE CUTTING EQUIPMENT
Motion made by David Eaton, second Tim Lovelace and duly approved by the Board of Supervisors to authorize the Cumberland Plateau Regional Waste Management Authority to purchase tire cutting equipment.
The vote was: Aye: Tim Lovelace, David Eaton, Steve Breeding, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None
APPROVAL OF THE AUGUST 03, 2020 MINUTES
Motion made by Steve Breeding, second Lou Wallace and duly approved by the Board of Supervisors to approve the August 03, 2020 minutes and dispense with the reading thereof.
The vote was: Aye: Steve Breeding, Lou Wallace, Tim Lovelace, Carl Rhea, David Eaton, Rebecca Dye and Oris Christian Nay: None
APPROVAL TO FUND A REMOTE LEARNING CENTER
Motion made by Carl Rhea, second Steve Breeding and duly approved by the Board of Supervisors to fund the “learning center” with COVID-19 funds in the amount of $150,000 with the understanding that other locations in the county would be explored for remote learning.
The vote was:
‘Aye: Carl Rhea, Steve Breeding, Tim Lovelace, Lou Wallace, Rebecca Dye and Oris Christian Nay: None
Abstain: David Eaton
Pat Gray spoke about Constitution Week. She asked that the Board approve a resolution proclaiming the week of September 17-23, 2020 as Constitution Week.
‘SEPTEMBER 17-23-2020 PROCLAIMED AS CONSTITUTION WEEK
Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to approve a resolution proclaiming the week of September 17-23, 2020 as Constitution Week.
The vote was: Aye: Steve Breeding, David Eaton, Lou Wallace, Tim Lovelace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None
Toby Edwards, CPRWMA asked that the Board consider purchasing tire cutting equipment to help offset the cost of tire disposal. The abundance of tires and the cost of disposal in Russell, Dickenson and Buchanan County is constantly rising. The purchase would be funded by the balance left from last fiscal year’s budget. Therefore, there would be no extra expense to the three counties that make up the waste authority.
AUTHORIZATION FOR THE CPRWMA TO PURCHASE TIRE CUTTING EQUIPMENT
Motion made by David Eaton, second Tim Lovelace and duly approved by the Board of Supervisors to authorize the Cumberland Plateau Regional Waste Management Authority to purchase tire cutting equipment.
The vote was: ‘Aye: Tim Lovelace, David Eaton, Steve Breeding, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None
APPROVAL OF THE AUGUST 03, 2020 MINUTES
Motion made by Steve Breeding, second Lou Wallace and duly approved by the Board of Supervisors to approve the August 03, 2020 minutes and dispense with the reading thereof.
The vote was: Aye: Steve Breeding, Lou Wallace, Tim Lovelace, Carl Rhea, David Eaton, Rebecca Dye and Oris Christian Nay: None
APPROVAL OF THE AUGUST 18, 2020 MINUTES
Motion made by Carl Rhea, second Oris Christian and duly approved by the Board of Supervisors to approve the August 18, 2020 minutes and dispense with the reading thereof.
The vote was: Aye: Carl Rhea, Oris Christian, Tim Lovelace, Lou Wallace, David Eaton, Steve Breeding and Rebecca Dye Nay: None
APPROVAL OF GENERAL COUNTY INVOICES
Motion made by Tim Lovelace, second Lou Wallace and duly approved by the Board of Supervisors to approve general county invoices in the amount of $1,804,035.10 including reoccurring and withholdings.
The vote was: Aye: Tim Lovelace, David Eaton, Steve Breeding, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None
HEATHER POWERS RE-APPOINTED TO THE HOA
Motion made by Lou Wallace, second Tim Lovelace and duly approved by the Board of Supervisors to re- appoint Heather Powers to the Heart of Appalachia for a (2) two-year term, said term ending September 08, 2022.
The vote was: Aye: Lou Wallace, Tim Lovelace, Carl Rhea, David Eaton, Rebecca Dye, Steve Breeding and Oris Christian Nay: None
VICTORIA GENT APPOINTED TO THE HOA
Motion made by Steve Breeding, second Lou Wallace and duly approved by the Board of Supervisors to appoint Victoria Gent to the Heart of Appalachia for a (2) two-year term, said term ending September 08, 2022.
The vote was: Aye: Steve Breeding, Lou Wallace, Tim Lovelace, Carl Rhea, David Eaton, Rebecca Dye and Oris Christian Nay: None
ERIC BROWN APPOINTED TO THE CMCSB
Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to appoint Eric Brown to the Cumberland Mountain Community Services Board to fill the unexpired term of Michelle Vance, said term ending December 31, 2022.
The vote was: Aye: David Eaton, Carl Rhea, Steve Breeding, Lou Wallace, Tim Lovelace, Rebecca Dye and Oris Christian Nay: None
APPROVAL OF THE AUGUST 18, 2020 MINUTES
Motion made by Carl Rhea, second Oris Christian and duly approved by the Board of Supervisors to approve the August 18, 2020 minutes and dispense with the reading thereof.
The vote was: Aye: Carl Rhea, Oris Christian, Tim Lovelace, Lou Wallace, David Eaton, Steve Breeding and Rebecca Dye Nay: None
APPROVAL OF GENERAL COUNTY INVOICES,
Motion made by Tim Lovelace, second Lou Wallace and duly approved by the Board of Supervisors to approve general county invoices in the amount of $1,804,035.10 including reoccurring and withholdings.
The vote was: ‘Aye: Tim Lovelace, David Eaton, Steve Breeding, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None
HEATHER POWERS RE-APPOINTED TO THE HOA
Motion made by Lou Wallace, second Tim Lovelace and duly approved by the Board of Supervisors to re- appoint Heather Powers to the Heart of Appalachia for a (2) two-year term, said term ending September 08, 2022.
The vote was: ‘Aye: Lou Wallace, Tim Lovelace, Carl Rhea, David Eaton, Rebecca Dye, Steve Breeding and Oris Christian Nay: None
VICTORIA GENT APPOINTED TO THE HOA
Motion made by Steve Breeding, second Lou Wallace and duly approved by the Board of Supervisors to appoint Victoria Gent to the Heart of Appalachia for a (2) two-year term, said term ending September 08, 2022.
The vote was: ‘Aye: Steve Breeding, Lou Wallace, Tim Lovelace, Carl Rhea, David Eaton, Rebecca Dye and Oris Christian Nay: None
ERIC BROWN APPOINTED TO THE CMCSB
Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to appoint Eric Brown to the Cumberland Mountain Community Services Board to fill the unexpired term of Michelle Vance, said term ending December 31, 2022.
The vote was: ‘Aye: David Eaton, Carl Rhea, Steve Breeding, Lou Wallace, Tim Lovelace, Rebecca Dye and Oris Christian Nay: None
Citizens Comment
The Chair opened citizens comment period.
Kelly M. Delph, RCPL stated that the library had received COVID-19 funds from the Library of Virginia.
They have decided to use the money to provide “virtual” library cards to students to allow them to
download books.
William Osborne, Swords Creek commented that there is no high-speed internet access for a four-mile section near his home. He wants to know how they can get access.
Citizens comment was closed by the Chairperson.
County Attorney Reports and Requests
APPROVAL TO EXTEND THE CONTINUITY OF GOVERNMENT ORDINANCE
Motion made by Carl Rhea, second Lou Wallace and duly approved by the Board of Supervisors to extend the Continuity of Government Ordinance for another six months.
The vote was: Aye: Carl Rhea, Lou Wallace, Steve Breeding, Tim Lovelace, David Eaton, Rebecca Dye and Oris Christian Nay: None
APPROVAL OF THE COURTHOUSE SECURITY ORDINANCE
Motion mace by Steve Breeding, second Tim Lovelace and duly approved by the Board of Supervisors to approve the Courthouse Security Ordinance as presented.
The vote was: Aye: Steve Breeding, Tim Lovelace, Carl Rhea, Lou Wallace, David Eaton, Rebecca Dye and Oris Christian Nay: None
APPROVAL OF AN ADDENDUM TO THE CPRWMA MANPOWER AGREEMENT
Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve an addendum to the Cumberland Plateau Regional Waste Management Authority manpower agreement.
The vote was: Aye: Steve Breeding, David Eaton, Lou Wallace, Tim Lovelace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None
APPROVAL OF THE RATCLIFF FOUNDATION RESOLTION CONCERNING CIVIL WAR STATUES
Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to
approve a resolution that would support the endeavor of the Ratcliff Foundation concerning Civil War
historic statues.
Citizens Comment
The Chair opened citizens comment period.
Kelly M. Delph, RCPL stated that the library had received COVID-19 funds from the Library of Virginia. They have decided to use the money to provide “virtual” library cards to students to allow them to
download books.
William Osborne, Swords Creek commented that there is no high-speed internet access for a four-mile section near his home. He wants to know how they can get access.
Citizens comment was closed by the Chairperson.
County Attorney Reports and Requests
APPROVAL TO EXTEND THE CONTINUITY OF GOVERNMENT ORDINANCE
Motion made by Carl Rhea, second Lou Wallace and duly approved by the Board of Supervisors to extend the Continuity of Government Ordinance for another six months
The vote was: Aye: Carl Rhea, Lou Wallace, Steve Breeding, Tim Lovelace, David Eaton, Rebecca Dye and Oris Christian
Nay: None
APPROVAL OF THE COURTHOUSE SECURITY ORDINANCE
Motion mace by Steve Breeding, second Tim Lovelace and duly approved by the Board of Supervisors to approve the Courthouse Security Ordinance as presented.
The vote was: ‘Aye: Steve Breeding, Tim Lovelace, Carl Rhea, Lou Wallace, David Eaton, Rebecca Dye and Oris Christian
Nay: None
APPROVAL OF AN ADDENDUM TO THE CPRWMA MANPOWER AGREEMENT
Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve an addendum to the Cumberland Plateau Regional Waste Management Authority manpower agreement,
The vote was: Aye: Steve Breeding, David Eaton, Lou Wallace, Tim Lovelace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None
‘APPROVAL OF THE RATCLIFF FOUNDATION RESOLTION CONCERNING CIVIL WAR STATUES Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to
approve a resolution that would support the endeavor of the Ratcliff Foundation concerning Civil War historic statues.
The vote was: Aye: Steve Breeding, David Eaton, Lou Wallace, Tim Lovelace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None
EMERGENCY MANAGEMENT DEPARTMENT ISSUE TABLED
Motion made by Oris Christian, second David Eaton and duly approved by the Board of Supervisors to table the Emergency Management Coordinator position exemption decision until the October 05, 2020 meeting.
The vote was: Aye: Oris Christian, David Eaton, Lou Wallace, Tim Lovelace, Steve Breeding, Rebecca Dye and Carl Rhea Nay: None
County Administrator Reports and Requests
APPROVAL OF $75,000 FOR “CARES” BUSINESS GRANTS
Motion made by David Eaton, second Tim Lovelace and duly approved by the Board of Supervisors to approve Russell County “Cares” Business Grants to local businesses in the amount of $75,000.
The vote was: Aye: Tim Lovelace, David Eaton, Steve Breeding, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None
APPROVAL TO CONVERT IDA LOCAL BUSINESS LOANS IN THE AMOUNT OF $50,000 TO GRANTS
Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to convert $50,000 Russell County Industrial Development Authority business loans to local businesses to grants to be paid from COVID funds.
The vote was: Aye: Steve Breeding, David Eaton, Lou Wallace, Tim Lovelace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None
APPROVAL OF A SUPREME COURT OF VA ADULT TREATMENT COURT GRANT
Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to accept and appropriate a Supreme Court of Virginia grant for the Russell County Adult Treatment Court in the amount of $90,000
The vote was: Aye: Steve Breeding, David Eaton, Lou Wallace, Tim Lovelace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None
APPROVAL OF $535,143.68 IN REVERSION FUNDS FROM THE RUSSELL COUNTY SCHOOL BOARD
The vote was: ‘Aye: Steve Breeding, David Eaton, Lou Wallace, Tim Lovelace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None
EMERGENCY MANAGEMENT DEPARTMENT ISSUE TABLED
Motion made by Oris Christian, second David Eaton and duly approved by the Board of Supervisors to table the Emergency Management Coordinator position exemption decision until the October 05, 2020 meeting.
The vote was: Aye: Oris Christian, David Eaton, Lou Wallace, Tim Lovelace, Steve Breeding, Rebecca Dye and Carl Rhea Nay: None
County Administrator Reports and Requests
APPROVAL OF $75,000 FOR “CARES” BUSINESS GRANTS
Motion made by David Eaton, second Tim Lovelace and duly approved by the Board of Supervisors to. approve Russell County “Cares” Business Grants to local businesses in the amount of $75,000.
The vote was: ‘Aye: Tim Lovelace, David Eaton, Steve Breeding, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None
APPROVAL TO CONVERT IDA LOCAL BUSINESS LOANS IN THE AMOUNT OF $50,000 TO GRANTS Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to convert $50,000 Russell County Industrial Development Authority business loans to local businesses to grants to be paid from COVID funds.
The vote was: Aye: Steve Breeding, David Eaton, Lou Wallace, Tim Lovelace, Carl Rhea, Rebecca Dye and Oris Christian
Nay: None
APPROVAL OF A SUPREME COURT OF VA ADULT TREATMENT COURT GRANT
Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to accept and appropriate a Supreme Court of Virginia grant for the Russell County Adult Treatment Court in the amount of $90,000
The vote was: ‘Aye: Steve Breeding, David Eaton, Lou Wallace, Tim Lovelace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None
APPROVAL OF $535,143.68 IN REVERSION FUNDS FROM THE RUSSELL COUNTY SCHOOL BOARD.
Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to accept reversion funds in the amount of $535,143.68 from the Russell County School Board for FY 20.
The vote was: Aye: Steve Breeding, David Eaton, Carl Rhea, Tim Lovelace, Lou Wallace, Rebecca Dye and Oris Christian Nay: None
APPROVAL OF FY 20 RECONCILIATION CONTRIBUTIONS/DEBT FROM THE SWVRJA
Motion made by Tim Lovelace, second Carl Rhea to accept Southwest Virginia Regional Jail Authority FY 20 Reconciliation of Local Contributions/Debt in the amount of $527,967.18.
The vote was: Aye: Tim Lovelace, Carl Rhea, Lou Wallace, David Eaton, Steve Breeding, Rebecca Dye and Oris Christian Nay: None
APPROVAL TO PURCHASE A TRUCK FOR THE SOLID WASTE DEPARTMENT
Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to approve the purchase of a new solid waste disposal truck.
The vote was: Aye: David Eaton, Carl Rhea, Steve Breeding, Lou Wallace, Tim Lovelace, Rebecca Dye and Oris Christian Nay: None
APPROVAL TO SELL A SOLID WASTE DEPARTMENT TRUCK
Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to Authorize the solid waste department to sell solid waste department disposal truck.
The vote was: Aye: David Eaton, Carl Rhea, Steve Breeding, Lou Wallace, Tim Lovelace, Rebecca Dye and Oris Christian Nay: None
APPROVAL TO AJOURN
Motion made by Carl Rhea, second Tim Lovelace and duly approved by the Board of Supervisors to adjourn.
The vote was: Aye: Carl Rhea, Tim Lovelace, Oris Christian, Steve Breeding, David Eaton, Rebecca Dye and Lou Wallace Nay: None
Clerk of the Board Chairperson
Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to accept reversion funds in the amount of $535,143.68 from the Russell County School Board for FY 20.
The vote was: ‘Aye: Steve Breeding, David Eaton, Carl Rhea, Tim Lovelace, Lou Wallace, Rebecca Dye and Oris Christian
Nay: None
APPROVAL OF FY 20 RECONCILIATION CONTRIBUTIONS/DEBT FROM THE SWVRIA
Motion made by Tim Lovelace, second Carl Rhea to accept Southwest ia Regional Jail Authority FY 20 Reconciliation of Local Contributions/Debt in the amount of $527,967.18.
The vote was: ‘Aye: Tim Lovelace, Carl Rhea, Lou Wallace, David Eaton, Steve Breeding, Rebecca Dye and Oris Christian
Nay: None
APPROVAL TO PURCHASE A TRUCK FOR THE SOLID WASTE DEPARTMENT
Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to approve the purchase of a new solid waste disposal truck.
The vote was: ‘Aye: David Eaton, Carl Rhea, Steve Breeding, Lou Wallace, Tim Lovelace, Rebecca Dye and Oris Christian
Nay: None
APPROVAL TO SELL A SOLID WASTE DEPARTMENT TRUCK
Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to Authorize the solid waste department to sell solid waste department disposal truck.
The vote was: Aye: David Eaton, Carl Rhea, Steve Breeding, Lou Wallace, Tim Lovelace, Rebecca Dye and Oris Christian
Nay: None ‘APPROVAL TO AJOURN
Motion made by Carl Rhea, second Tim Lovelace and duly approved by the Board of Supervisors to adjourn.
The vote was: ‘Aye: Carl Rhea, Tim Lovelace, Oris Christian, Steve Breeding, David Eaton, Rebecca Dye and Lou Wallace
Nay: None
Clerk of the Board Chairperson
Board of Supervisors Action Item A-2
137 Highland Drive Presenter: Chairperson Lebanon, VA 24266
Meeting: 10/5/20 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 October 2020 Monthly Expenditures:
STAFF RECOMMENDATION(s):
County’s October 2020 Monthly Expenditures are in compliance with budget and operational
services.
SUGGESTED MOTION(s): Motion to approve County’s October 2020 Monthly Expenditures.
ATTACHMENTS:
• October 2020 Monthly Expenditures
Board of Supervisors Action Item A-2 137 Highland Drive Presenter: Chairperson Lebanon, VA 24266
Meeting: 10/5/20 6:00 PM
Approval of Expenditures Request approval of the County’s October 2020 Monthly Expenditures: STAFF RECOMMENDATION(s):
County’s October 2020 Monthly Expenditures are in compliance with budget and operational
services.
SUGGESTED MOTION(s): Motion to approve County’s October 2020 Monthly Expenditures.
ATTACHMENTS:
- October 2020 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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9/38/2020 5/24/2020
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30/2020 6/30/2020 8/20/2020
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FoND44100 pace 6 nose ant. NET_ANOUNT G/L_Accoust 2.0.8 450.00 450-00 4100-p43020-300¢- ~~ pert Lasise 4i00-0e3020-3008- > 673.90 623/80 + 6,540.00 6,544.00 $100-032050-3008- == 61548.00 e’seel00 + goa,7ai 78 60,342.78 4200-033020-3009- == fo2,7a3.78 © 602,742.78 + 2178 “4200-012300-7002- =~ 4e3s + 5.000"00, 5,090108 4100-0820¢0-5423- ~ 5000-00, 3100.00 + 57500 $95.60 4100-073010-se2- 375.00 375.00 * alee ig2/€0 "4100-o11010-3007— 20.25 flop-oiio10-aco7-— 20.35 ‘oo-o1e1e-3007- > 33.16 aslio + ieo’06 360/00 "4100-o3z020- - Lasoo 345/00 4i00-o31020. _ 308.00 3osi00 + 20.00, 20.00 4200-035030-3001- =~ 20:00, 20.00 « 256128 ah4lae “«x00-o22060-sant- =~ Bale aielas © 39°23, 398123 “«1ao-o7a020-3002- =~ 399123, isiaa + pereery 226112 “e1e0-cazeoo-sooe— pcre) i2e.a2 + 7,023:50, 7,028°50 “4100-o31020-7003- =~ 30/00, $30.00 4io0-aaz0z0-7003-— 220108, {20100 4100-032020-7003- = 169/00 Sési00 eioo-osi020-7003- == 6.00 8.00 ax00-oai020-7003- = 688100 eetlo0 4len-o3z020-7003- 2 > e750 67.50 er00-0si020-7003- = 23800, a$slee fi00703z020-7003- > 9,200-00, 9,200.00 + $9198 32:73 “4z00-ca2020-sa0s- =~ 37:75, 3373 53180 $3180 “42o0-ornee0-s202- 53.80 Shao + 7.260793 7.260193 4100-031020-5203- =~ 71260133 31260\93 + 45.00 45.00 4100-072030-2008- 48.00 45.00 « permet) 448,00 4100-043020-sao0- =~ pores) preety Duss S32749 “asoo-o22n00-s008- =~ 329.45 Baslas + @3189 3.23 4200-c32020-sa0e- =~ rary $303 Sieo-aaioze-saos- = 3109, Tales sz0q-asne20-seos- 3303 Yilea diog-eaieze-seoe- > 7108 Tiles s1e0“eaie2a-seoe-
poco 9/30/2020 A/P CASH REQUIREMENTS PRE-LIST COMPANY #-00L FUND#<100 PAGE DUE DATE INV.DATE vExDOR ravorce cass __cross sr. NET AMOUNT G/L AccouNT Poe 0/05/2020 ~6/10/2026 000219 SFRESS LOBE deiczoze 71-03 7.03, a200-031020-s408- 30/03/2020 6/20/2020 000219 XPRESS LUBE Deloz020 Ear G31e9 4200-032020-se08- 483.23 se3.23 + TOTAL FoR DUR DATE 10/05/2020 979,962.03 979,942.03 TOIAL DUE POR FUND- 4100 3791942.03 © $99/942"03,
aposo 9/30/2020
30/05/2026
20/08/2020
20/os/2020 10705/2020
20/05/2020 20/05/2020 30/05/2020
30/05/2020 20/05/2020
20/05/2020 30/05/2020 30/05/2020 30/05/2020 30/05/2020 30/05/2020
30/05/2020
9/35/2020 9/15/2020
9/15/2020 9/35/2020
9/15/2020 9/31/2020 9/15/2020
9/19/2020 2/13/2020
9/25/2020 5/38/2020 5/35/2020 9/25/2020 9/25/2020 9/25/2020
9/38/2020
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00824 comsszox on v 05252020 ° 403/35, 403.35 4202-098000-2010- —
Se082¢ Commission ON v 09252020, 5 353125 233.25 G202-088000-5203- = 636.60 S36060 +
003909 DELTA DENTAL 09252020, 25.02 ‘35102 4202-098000-2005- pres ‘los +
003348 ELAVOX osa12020 2 priate] 386187 "4202-098000-3009- - ie6’57 386187 +
00785 EQUITABLE LIFE 09152020 ey a336 433/16 “az02-oss000-2002- - alle 336 +
coasie uavrae, IcHARL 09152020 3 30100, 30.00 4202-098000-2009- —
Goasie HAYTER, MICHABL 09192020, 5 50.00, $0100 4202-096000-3009- = 100/09, 390100 +
000308 OLD DomrNrON PO o91s2020 3 39.08 St.e¢ 4202-098000-sz02-
200304 OLD DOMENZON BO O91s2026, 5 59.30 49130 4202-098000-s10:-
900308 OLD DOMINION £0 09152020 5 be 66 eelee 4202-098000-5203- 298.00 298100 +
001778 PARK AVEXUE ASS 09152020 s 3,000"00, 41,000.00 4202-088000-8002- =~
3600709 £/200/00 ©
003767 PARSONS ANANDA 09152020 ° 68.50 ‘66.91 4202-098000-5502- aes feist +
008296 ROSE, RHONDA 09152020 ° pereerd ute "4202-o98000-5501- =~ isle iilse +
000776 HYTHEVILLE OFFI 37590 ° 39199 ‘35199 4202-096000-s401— 33.38 35199 +
‘TOTAL FOR DUE DATE 10/05/2020 2.98167 3.983167 TOTAL GUE FOR FUND- 4202 aisaiier aieeile7
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8/31/2020 8724/2020
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‘03066 TRNOUATIVE TECH 2516 “_
000758 WALLACE FURNITU 126449 00756 wALLACE FuRNITU 128520
TOTAL FOR DUE DATE 10/05/2020 Nox-brRgcr DEPOSIT
Drxecr Deposit
E-Payable Total
PIAL DUB
312.30, 75.00 65100 58-60 2037 5183
3,042,806 .40
3,042, 506.80
712,50 61508, 678108,
58.60
26.99
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THE TOTAL © 546,341.39- EQUALS THE MEEKLY L0G SHEET TOTALS AS ADJUSTED.
Board of Supervisors Action Item
137 Highland Drive Presenter: Chairperson
Lebanon, VA 24266
Meeting: 10/5/20 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 Committee Appointments for Board Consideration.
Highway & Safety Commission
Tim Lovelace Two-Year Term October 1, 2020
Industrial Development Authority
Jarred Glass Four-Year Term October 3, 2020
Staff Recommendation:
Board Discretion.
Board of Supervisors Action Item 187 Highland Drive Presenter: Chairperson Lebanon, VA 24266
Meeting: 10/5/20 6:00 PM
Board Appointments Committee Appointments for Board Consideration. Highway & Safety Commission Tim Lovelace Two-Year Term October 1, 2020 Industrial Development Authority Jarred Glass Four-Year Term October 3, 2020 Staff Recommendation:
Board Discretion.
Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us
Board Appointments for 2020
Highway and Safety Commission
[Tim Lovelace ‘Two Years October 1, 2020 industrial Development Authority
[Jarred Glass Four Years October 3, 2020
[Coal Hauling Road Commision
[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
COUNTY OF RUSSELL, VIRGINIA
COMMITTEE APPLICATION
pflitIorran OFFICE USE ONLY:
Date Received:
Letter Sent:
Currently Serving On :
NAME: L D Ve- q
(Last)
-77;v1
(First)
C
(Middle Initial) (Mr., Mrs., Miss, Rank)
HOME ADDRESS: Ilq gq -r- 7; r
Ce sVe w , (/4. 02~aa
riovelacee Calf ell k12.14 .0
(Email Address)
TELEPHONE NUMBERS: oi?7 - 47’27-4 36 7
(Home) (Business) (FAX)
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‘ARB YOU CURRENTLY A MEMBER OF A RUSSELL COUNTY BOARD oR COMMISSION? —_ Leavis Ch merezed
HAVE YOU PREVIOUSLY SERVED AS A MEMBER OF A RUSSELL COUNTY BOARD OR Commission? _ BOS"
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IF YBS, PLEASE NAME:
IF YES, PLEASE NAME:
ARB YOU AREGISTERED vorER? Jee DISTRICT NUMBER:
Loretta Vance
From: Sent: To: Subject:
ECEIVE MusJUL 17 2009
[email protected] Friday, July 17, 2020 9:39 PM [email protected]; loretta vance@russellco Online Form Submittal: Board and Committee Applicatiof
|
Board and Committee Application
Name Email Address
Address
City
State Zip Code Phone Number
Fax Number
Nathan Kiser [email protected] 918 Green Valley Rd Lebanon
Virginia
(24266
8043177869
Field not completed.
Board/Committee on Which IDA.
You Wish to Serve Other Interests
Educa
Job Experience
Civic or Service
Field not completed.
Graduated with Honors from Lebanon High 2002 B.A. In History from UVA at Wise 2006
16 Years of Construction and Building Materials Experience 14 Years of Sales Experience (8 years In Home Sales)
Boy Scouts of America Life Scout
Organization Experience Russell County Republican Party Chairman for 5 years
‘Are you currently amember No of a Russell County Board or
Committee?
IF YES, please name:
Field not completed.
Have you previously served No ‘as a member of a Russell
County Board or Committee?
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: 10/5/20 6:00 PM
County Attorney Reports
-
CPRWMA Manpower/User Agreement………………………………………………B-1
-
RC IDA Revenue Bond Resolution – VDH Project…….……………………………B-2
-
Project Grow Revenue Sharing Agreement…………………………………………B-3
Staff Recommendation:
Board Discretion.
Suggested Motion:
Motion Required.
ATTACHMENTS: • Various
Board of Supervisors Action Item 137 Highland Drive Presenters - Attorney Lebanon, VA 24266
Meetin:
County Attorney Reports
-
CPRWMA Manpower/User Agreemen
-
RC IDA Revenue Bond Resolution — VDH Project…
-
Project Grow Revenue Sharing Agreement.
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
1
CUMBERLAND PLATEAU REGIONAL WASTE MANAGEMENT AUTHORITY MANPOWER SERVICE AGREEMENT
THIS AGREEMENT made as of this 5th day of October 2020, by and between
Cumberland Plateau Regional Waste Management Authority (hereinafter referred to as the
“Authority”) and the County of Russell, Virginia, a political subdivision of the Commonwealth
of Virginia, (hereinafter referred to as “County”).
WHEREAS, the Authority, after causing the construction thereof, has agreed to operate
and manage a transfer station in the County of Russell to ensure the availability of an economical
and environmentally sound method to handle and dispose of solid waste generated in Russell
County; and
WHEREAS, the Authority desires to secure manpower services to operate the
Authority’s transfer station; and
WHEREAS, the County has offered to provide said manpower services; and
WHEREAS, the Authority agrees to retain County for manpower services in order to
efficiently and economically operate the Authority’s transfer station in Russell County; and
WHEREAS, in reliance on this Agreement, the County will employ the certified
personnel necessary to ensure County’s performance hereunder and will provide a leachate
truck for the purpose of pumping and transporting leachate from the transfer station to an
approved disposal location.
NOW, THEREFORE, FOR AND IN CONSIDERATION of the respective covenants
herein contained, the parties have agreed as follows:
REPRESENTATIONS AND CERTIFICATIONS
Both parties hereto specifically represent and certify that each has (1) reviewed and
CUMBERLAND PLATEAU REGIONAL WASTE MANAGEMENT AUTHORITY MANPOWER SERVICE AGREEMENT
THIS AGREEMENT made as of this 5" day of October 2020, by and between Cumberland Plateau Regional Waste Management Authority (hereinafter referred to as the Authority") and the County of Russell, Virginia, a political subdivision of the Commonwealth of Virginia, (hereinafter referred to as “County”).
WHEREAS, the Authority, after causing the construction thereof, has agreed to operate and manage a transfer station in the County of Russell to ensure the availability of an economical and environmentally sound method to handle and dispose of solid waste generated in Russell County; and
WHEREAS, the Authority desires to secure manpower services to operate the Authority’s transfer station; and
WHEREAS, the County has offered to provide said manpower services; and
WHEREAS, the Authority agrees to retain County for manpower services in order to efficiently and economically operate the Authority’s transfer station in Russell County; and
WHEREAS, in reliance on this Agreement, the County will employ the certified personnel necessary to ensure County’s performance hereunder and will provide a leachate truck for the purpose of pumping and transporting leachate from the transfer station to an approved disposal location.
NOW, THEREFORE, FOR AND IN CONSIDERATION of the respective covenants herein contained, the parties have agreed as follows:
REPRESENTATIONS AND CERTIFICATIONS
Both parties hereto specifically represent and certify that each has (1) reviewed and
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understands the terms and conditions as stated herein; (2) that each has the requisite right, power
and authority necessary for the execution hereof; and (3) that any and all requirements imposed
by the Virginia Public Procurement Act have been satisfied.
Both parties hereto, by the execution hereof, expressly and unequivocally agree, that
County shall be considered as an Independent Contractor hereunder and that no liability
resulting from any willful or negligent act or failure to act by County’s employees shall be
attributable to the Authority. The County specifically agrees unless otherwise prohibited by law,
to fully indemnify and protect the Authority from any suit or claim arising out of any breach of
this Agreement by the County. The Authority specifically agrees unless otherwise prohibited by
law, to fully indemnify and protect the County from any suit or claim arising out of any breach
of this Agreement by the Authority.
AUTHORITY AND COUNTY OBLIGATIONS
The Authority agrees to be responsible for costs associated with the operation of the
transfer station except those cleaning and personal hygiene items, wages, taxes, workmen’s
compensation insurance, liability insurance and other fringe benefits paid to, or for the benefit
of, the workers employed by the County assigned to the Authority’s transfer station.
QUALITY OF SERVICE ON PERSONNEL/PERFORMANCE EVALUATION
The Authority shall maintain the Transfer Station open for performance of this
Agreement between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, excluding
observed holidays as provided for in the User Agreement executed between the Authority and the
County. If the County wishes to open additional hours, it shall do so at its own manpower
expense. The actual operating hours may be altered, provided both parties agree to changes in
the normal posted hours.
understands the terms and conditions as stated herein; (2) that each has the requisite right, power and authority necessary for the execution hereof; and (3) that any and all requirements imposed by the Virginia Public Procurement Act have been satisfied.
Both parties hereto, by the execution hereof, expressly and unequivocally agree, that County shall be considered as an Independent Contractor hereunder and that no liability resulting from any willful or negligent act or failure to act by County’s employees shall be attributable to the Authority. The County specifically agrees unless otherwise prohibited by law, to fully indemnify and protect the Authority from any suit or claim arising out of any breach of this Agreement by the County. The Authority specifically agrees unless otherwise prohibited by law, to fully indemnify and protect the County from any suit or claim arising out of any breach of this Agreement by the Authority.
AUTHORITY AND COUNTY OBLIGATIONS
The Authority agrees to be responsible for costs associated with the operation of the transfer station except those cleaning and personal hygiene items, wages, taxes, workmen’s compensation insurance, liability insurance and other fringe benefits paid to, or for the benefit of, the workers employed by the County assigned to the Authority’s transfer station.
QUALITY OF SERVICE ON PERSONNEL/PERFORMANCE EVALUATION
The Authority shall maintain the Transfer Station open for performance of this ‘Agreement between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, excluding observed holidays as provided for in the User Agreement executed between the Authority and the County. If the County wishes to open additional hours, it shall do so at its own manpower expense. The actual operating hours may be altered, provided both parties agree to changes in
the normal posted hours.
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SCOPE OF SERVICE CONTRACTOR OBLIGATIONS
The County shall be responsible for securing necessary certification and approvals from
relevant federal, state and local governmental agencies having jurisdiction over its personnel;
provided however, the Authority shall retain responsibility for obtaining all permits and
approvals relating to the general operation of the Transfer Station. During the term hereof, the
County shall provide the personnel certified by the Virginia Department of Professional and
Occupational Regulations for the daily operation of the Transfer Station, all in compliance and
certified with applicable laws and regulations. Transfer Station personnel will report directly to
the County Administrator and the Authority’s Director of Waste Services. Job descriptions and
responsibilities will be determined by the Authority and the County Administrator. A copy is on
file at the Authority office located at 135 Highland Drive, Lebanon, VA. The County shall
provide a leachate truck for the purpose of pumping and transporting leachate from the transfer
station to an approved disposal location and County will supply fuel, tags and insurance for this
leachate truck. The Authority agrees to provide uniforms/approved boots for the personnel
assigned to the transfer station.
TERM OF CONTRACT
This Agreement shall be effective as of the 5th day of April, 2020. The initial term of this
Agreement shall be one (1) year commencing on the 5th day of April, 2020. The term of this
Agreement shall extend for additional one-year, upon the same terms and conditions as herein,
unless either party elects to cancel this Agreement by three (3) months written notice to the other
party prior to the end of this term or of any hold over term.
NONDISCRIMINATION
The County shall not discriminate against any person because of race, sex, age, creed,
SCOPE OF SERVICE CONTRACTOR OBLIGATIONS
The County shall be responsible for securing necessary certification and approvals from relevant federal, state and local governmental agencies having jurisdiction over its personnel; provided however, the Authority shall retain responsibility for obtaining all permits and approvals relating to the general operation of the Transfer Station. During the term hereof, the County shall provide the personnel certified by the Virginia Department of Professional and Occupational Regulations for the daily operation of the Transfer Station, all in compliance and certified with applicable laws and regulations. Transfer Station personnel will report directly to the County Administrator and the Authority’s Director of Waste Services. Job descriptions and responsibilities will be determined by the Authority and the County Administrator. A copy is on file at the Authority office located at 135 Highland Drive, Lebanon, VA. The County shall provide a leachate truck for the purpose of pumping and transporting leachate from the transfer station to an approved disposal location and County will supply fuel, tags and insurance for this leachate truck. The Authority agrees to provide uniforms/approved boots for the personnel assigned to the transfer station.
‘TERM OF CONTRACT
This Agreement shall be effective as of the 5" day of April, 2020. The initial term of this Agreement shall be one (1) year commencing on the 5" day of April, 2020. The term of this, Agreement shall extend for additional one-year, upon the same terms and conditions as herein, unless either party elects to cancel this Agreement by three (3) months written notice to the other party prior to the end of this term or of any hold over term.
NONDISCRIMINATION The County shall not discriminate against any person because of race, sex, age, creed,
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color, religion, natural origin or handicap.
INSURANCE
The County or its sub-contractor shall provide and maintain during active operations
hereunder, Workers’ Compensation Insurance which shall meet the requirement of the
Commonwealth of Virginia.
The County or its sub-contractor shall provide and maintain during active operations
hereunder Public Liability Insurance, to protect against all claims arising out of the County’s
negligent or willful acts or omissions in the course of its operations that result in bodily injury,
death or property damage.
The County of its sub-contractor shall upon the full execution of this Agreement and
thereafter upon request, furnish Authority evidence that the insurance relative to its said acts or
omissions is in force, provided, however, any certificate of insurance shall in no way alter or
amend such insurance coverage to increase the level or extent expressly set forth herein.
The limits of liability of all insurance required herein not expressly set forth hereinabove
shall be as set forth in Exhibit “A”, which is attached hereto and made a part hereof.
DEFAULT
Except as otherwise provided herein, if either party defaults in the performance of any of
the warranties, covenants or conditions contained herein for thirty (30) days after the other party
has given the defaulting party written notice of such default and the party defaulting shall not
have commenced to cure such default within said period and to pursue diligently the completion
thereof, the other party may: (i) terminate this Agreement as of any date at least thirty (30) days
after the last day of the thirty (30) day period; (ii) cure the default at the expense of the
color, religion, natural origin or handicap.
INSURANCE
‘The County or its sub-contractor shall provide and maintain during active operations hereunder, Workers’ Compensation Insurance which shall meet the requirement of the Commonwealth of Virginia.
The County or its sub-contractor shall provide and maintain during active operations hereunder Public Liability Insurance, to protect against all claims arising out of the County’s negligent or willful acts or omissions in the course of its operations that result in bodily injury, death or property damage.
The County of its sub-contractor shall upon the full execution of this Agreement and thereafter upon request, furnish Authority evidence that the insurance relative to its said acts or omissions is in force, provided, however, any certificate of insurance shall in no way alter or amend such insurance coverage to increase the level or extent expressly set forth herein.
The limits of liability of all insurance required herein not expressly set forth hereinabove shall be as set forth in Exhibit “A”, which is attached hereto and made a part hereof.
DEFAULT
Except as otherwise provided herein, if either party defaults in the performance of any of the warranties, covenants or conditions contained herein for thirty (30) days after the other party has given the defaulting party written notice of such default and the party defaulting shall not have commenced to cure such default within said period and to pursue diligently the completion thereof, the other party may: (i) terminate this Agreement as of any date at least thirty (30) days after the last day of the thirty (30) day period; (ii) cure the default at the expense of the
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defaulting party and (iii) have recourse to any other right or remedy to which it may be entitled
by law or equity, including, but not limited to, the right for all damage or loss suffered as a result
of such default and termination. In the event either party waives default by the other party, such
waiver shall not be construed or determined to be a continuing waiver of the same or any
subsequent default. In the event that in the exercise of due diligence during the aforesaid thirty
(30) day period such cure cannot reasonably be effected or completed, such cure period shall be
extended to include such additional time as is reasonably necessary to effect or complete such
cure provided the defaulting party exercises continuous diligent efforts to cure such default
during such extended period.
GENERAL PROVISIONS
Neither party shall assign or transfer or permit the assignment or transfer of this
Agreement or the rights hereunder without the prior written consent of the other party. The
Authority expressly reserves the power to demand Contractor to provide qualified personnel at
the transfer station. In the event that said employees are not performing to the Authority’s needs
or specifications, the County will immediately cure said deficiency by supplying alternative
qualified personnel. The Contractor will as outlined in this agreement supply at least (3) certified
operators as approved by the Virginia Department of Professional and Occupational Regulation
Board during daily operations.
This Agreement constitutes the entire agreement and understanding between the parties
hereto, and it shall not be considered modified, altered, changed, amended or revoked unless in
writing and signed by the parties hereto.
From and after the date of this Agreement, the County’s performance hereunder may be
suspended and its obligations hereunder excused in the event and during the period that such
defaulting party and (iii) have recourse to any other right or remedy to which it may be entitled by law or equity, including, but not limited to, the right for all damage or loss suffered as a result of such default and termination, In the event either party waives default by the other party, such waiver shall not be construed or determined to be a continuing waiver of the same or any subsequent default, In the event that in the exercise of due diligence during the aforesaid thirty (30) day period such cure cannot reasonably be effected or completed, such cure period shall be extended to include such additional time as is reasonably necessary to effect or complete such cure provided the defaulting party exercises continuous diligent efforts to cure such default during such extended period.
GENERAL PROVISIONS
Neither party shall assign or transfer or permit the assignment or transfer of this Agreement or the rights hereunder without the prior written consent of the other party. The Authority expressly reserves the power to demand Contractor to provide qualified personnel at the transfer station. In the event that said employees are not performing to the Authority’s needs or specifications, the County will immediately cure said deficiency by supplying alternative qualified personnel. The Contractor will as outlined in this agreement supply at least (3) certified operators as approved by the Virginia Department of Professional and Occupational Regulation Board during daily operations.
This Agreement constitutes the entire agreement and understanding between the parties hereto, and it shall not be considered modified, altered, changed, amended or revoked unless in writing and signed by the parties hereto.
From and after the date of this Agreement, the County’s performance hereunder may be suspended and its obligations hereunder excused in the event and during the period that such
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performance if prevented by a cause or causes beyond the reasonable control of the County. Such
causes may include, by way of example and not limitations, acts of God, acts of war, riot, fire,
explosion, accident, flood or sabotage, lack of adequate fuel, power or raw materials, judicial,
administrative or governmental laws, regulations, requirements, rules, orders or actions;
injunctions or restraining orders; the failure of any governmental body to issue or grant, or the
suspension or revocation or modification of any license, permit or other authorization necessary
for the services envisioned by the Agreement; national defense requirements; labor strike, lockout
or injunction.
If any term, clause or provision of this Agreement or the application thereof to any person
or circumstances shall, to any extent be illegal, invalid or unenforceable under present or future
laws effective during the term hereof, then it is the intention of the parties hereto that the
remainder of this Agreement, or the application of such term, clause or provision to persons or
circumstances other than those to which it is held illegal, invalid or unenforceable, shall not be
affected thereby, and it is also the intention of the parties hereto that in lieu of each term, clause
or provision that is illegal, invalid or unenforceable term, clause or provision as may be possible
to effect the expressed intent of the parties and be legal, valid and enforceable.
This Agreement shall be governed by and construed in accordance with the laws of the
Commonwealth of Virginia and any disputes hereunder shall be resolved by the Circuit Court of
Russell County, Virginia.
The covenants, terms, conditions and provisions of this Agreement shall extend to and be
binding upon the successors and assigns of the respective parties.
All notices or other communications to be given hereunder shall be in writing and shall be
deemed given when mailed by registered or certified United States mail, addressed to the
performance if prevented by a cause or causes beyond the reasonable control of the County. Such causes may include, by way of example and not limitations, acts of God, acts of war, riot, fire, explosion, accident, flood or sabotage, lack of adequate fuel, power or raw materials, judicial, administrative or governmental laws, regulations, requirements, rules, orders or actions; injunctions or restraining orders; the failure of any governmental body to issue or grant, or the
suspension or revocation or modification of any license, permit or other authorization neces
ry for the services envisioned by the Agreement; national defense requirements; labor strike, lockout or injunction.
If any term, clause or provision of this Agreement or the application thereof to any person or circumstances shall, to any extent be illegal, invalid or unenforceable under present or future laws effective during the term hereof, then it is the intention of the parties hereto that the remainder of this Agreement, or the application of such term, clause or provision to persons or circumstances other than those to which it is held illegal, invalid or unenforceable, shall not be affected thereby, and it is also the intention of the parties hereto that in lieu of each term, clause or provision that is illegal, invalid or unenforceable term, clause or provision as may be possible to effect the expressed intent of the parties and be legal, valid and enforceable.
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia and any disputes hereunder shall be resolved by the Circuit Court of Russell County, Virginia.
The covenants, terms, conditions and provisions of this Agreement shall extend to and be binding upon the successors and assigns of the respective parties.
All notices or other communications to be given hereunder shall be in writing and shall be deemed given when mailed by registered or certified United States mail, addressed to the
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Cumberland Plateau Regional Waste Management Authority, P.O. Box 386, Lebanon, VA
24266, or addressed to Russell County, 137 Highland Drive, Lebanon, VA 24266.
IN WITNESS WHEREOF, the parties hereto cause their presence to be signed and sealed
this 5th day of October 2020, written by their respective officers pursuant to authorizations
contained in duly adopted resolutions or ordinances, as the case may be.
By:
CUMBERLAND PLATEAU REGIONAL WASTE MANAGEMENT AUTHORITY
Chairman of the Authority
COUNTY OF RUSSELL BOARD OF SUPERVISORS
By: ________________________________________ Chairman of the Russell County Board of Supervisors
By: _____________________________________ County Administrator
APPROVED AS TO FORM
County Attorney for Russell County
Cumberland Plateau Regional Waste Management Authority, P.O. Box 386, Lebanon, VA.
24266, or addressed to Russell County, 137 Highland Drive, Lebanon, VA 24266.
IN WITNESS WHEREOF, the parties hereto cause their presence to be signed and sealed
this 5" day of October 2020, written by their respective officers pursuant to authorizations
contained in duly adopted resolutions or ordinances, as the case may be.
APPROVED AS TO FORM
County Attomey for Russell County
CUMBERLAND PLATEAU REGIONAL. WASTE MANAGEMENT AUTHORITY
By: Chairman of the Authority
COUNTY OF RUSSELL BOARD OF SUPERVISORS
By:
Chairman of the Russell County Board of Supervisors
By:
County Administrator
8
STATE OF VIRGINIA, AT LARGE, to-wit:
Subscribed and acknowledged to before me by Chairman of Cumberland Plateau
Regional Waste Management Authority this the ____________day of ____________, 2020.
My Commission expires: __________________________.
My Registration number:__________________________.
NOTARY PUBLIC
STATE OF VIRGINIA, AT LARGE, to-wit:
Subscribed and acknowledged to before me by the Chairman of the Russell County
Board of Supervisors this the _____________ day of _____________, 2020.
My Commission expires: __________________________.
My Registration number:__________________________.
________________________
NOTARY PUBLIC
STATE OF VIRGINIA, AT LARGE, to-wit:
Subscribed and acknowledged to before me by the County Administrator
for Russell County, Virginia, this the day of,__ , 2020.
My Commission expires:__________________________.
My Registration number:__________________________.
__________________________
NOTARY PUBLIC
STATE OF VIRGINIA, AT LARGE, to-wit:
Subscribed and acknowledged to before me by the Deputy County Attorney
for Russell County, Virginia, this __________day of , 2020.
My Commission expires:__________________________.
My Registration number:__________________________.
______________________________
NOTARY PUBLIC
STATE OF VIRGINIA, ATLARGE, to-wit: Subscribed and acknowledged to before me by Chairman of Cumberland Plateau Regional Waste Management Authority this the day of , 2020. My Commission expires:
My Registration number:
NOTARY PUBLIC STATE OF VIRGINIA, AT LARGE, to-wit
Subscribed and acknowledged to before me by the Chairman of the Russell County Board of Supervisors this the day of » 2020. My Commission expires:
My Registration number:
NOTARY PUBLIC STATE OF VIRGINIA, AT LARGE, to-wit
Subscribed and acknowledged to before me by the County Administrator
for Russell County, Virginia, this the day of, 2020.
My Commission expires:
My Registration number:
NOTARY PUBLIC STATE OF VIRGINIA, AT LARGE, to-wit:
Subscribed and acknowledged to before me by the Deputy County Attorney for Russell County, Virginia, this day of 2020.
My Commission expires:
My Registration number:
NOTARY PUBLIC
9
EXHIBIT A
INSURANCE COVERAGE RIDER
COVERAGES Workmen’s
Compensation Employer’s
Liability
Excess Umbrella Liability
LIMITS OF LIABILITY
Statutory
$100,000 per accident $100,000 per employee’s disease $500,000 policy limit on disease
$1,000,000 each occurrence
EXHIBIT A
INSURANCE COVERAGE RIDER
COVERAGES Workmen’s LIMITS OF LIABILITY Compensation Employer’s Statutory Liability $100,000 per accident $100,000
per employee’s disease $500,000 policy limit on disease
Excess Umbrella Liability $1,000,000 each occurrence
RESOLUTION OF THE BOARD OF SUPERVISORS OF RUSSELL COUNTY, VIRGINIA INDUSTRIAL DEVELOPMENT BOND $1,000,000
WHEREAS, the Industrial Development Authority of Russell County (the “Authority”) has held a public hearing regarding the issuance of $1,000,000 tax exempt Industrial Development Revenue Bonds (the “Bonds”) on September 10, 2020 and approved the issuance of same; and,
WHEREAS, the issuance of the Bonds will be used to finance infrastructure improvements and promote economic development in Russell County, Virginia (the “County”) that will be in the public interest of the County and its environs, and will benefit the Court and promote the welfare of its citizens; and,
WHEREAS, the Authority has requested the County to provide its moral obligation to the Authority, to secure the Authority’s Bonds in the form of the funding of deficits of the Authority, all subject to annual appropriation by the Board of Supervisors (the “Board”) of the County as well as to appropriate, during the current budget process sufficient funds for such purpose; and,
WHEREAS, the Authority has requested that the Board of the County, approve the issuance of the Bonds in compliance with the Internal Revenue Code of 1986, as amended (the “Code”) and Section 15.2-4906 of the Code of Virginia of 1950, as amended (the “Virginia Code”); and,
WHEREAS, the Board has determined that the issuance of the Bonds is in the best interests of the citizens of the County, and improve the safety, health, welfare, convenience and prosperity of citizens of the County; and,
WHEREAS, The Authority was organized by ordinance of the Board pursuant to the Industrial Development and Revenue Bond Act, Section 15.2-4900 et seq. (formerly Section 15.1-1373) of the Virginia Code, as amended, for the benefit of the County and for the public purposes stated in such ordinance;
NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Russell County, Virginia:
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The Board hereby approves the issuance of the Bonds by the Authority to the extent required by the Code and Section 15.2-4906 of the Virginia Code.
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The Bonds shall be designated as “Qualified Tax-Exempt Obligations” for purposes of Section 265(b) of the Code. Neither the County nor any “subordinate entities” within the meaning of Section 265(b) of the Code has issued any tax-exempt obligations not including private activity bonds for entities other than organizations described in Section
RESOLUTION OF THE BOARD OF SUPERVISORS. OF RUSSELL COUNTY, VIRGINIA INDUSTRIAL DEVELOPMENT BOND $1,000,000
WHEREAS, the Industrial Development Authority of Russell County (the “Authority”) has held a public hearing regarding the issuance of $1,000,000 tax exempt Industrial Development Revenue Bonds (the “Bonds”) on September 10, 2020 and approved the issuance of same; and,
WHEREAS, the issuance of the Bonds will be used to finance infrastructure improvements and promote economic development in Russell County, Virginia (the “County”) that will be in the public interest of the County and its environs, and will benefit the Court and promote the welfare of its citizens; and,
WHEREAS, the Authority has requested the County to provide its moral obligation to the Authority, to secure the Authority’s Bonds in the form of the funding of deficits of the Authority, all subject to annual appropriation by the Board of Supervisors (the “Board”) of the County as well as to appropriate, during the current budget process sufficient funds for such purpose; and,
WHEREAS, the Authority has requested that the Board of the County, approve the issuance of the Bonds in compliance with the Internal Revenue Code of 1986, as amended (the “Code”) and Section 15.2-4906 of the Code of Virginia of 1950, as amended (the “Virginia Code”); and,
WHEREAS, the Board has determined that the issuance of the Bonds is in the best interests of the citizens of the County, and improve the safety, health, welfare, convenience and prosperity of citizens of the County; and,
WHEREAS, The Authority was organized by ordinance of the Board pursuant to the Industrial Development and Revenue Bond Act, Section 15.2-4900 et seq, (formerly Section 15.1-1373) of the Virginia Code, as amended, for the benefit of the County and for the public purposes stated in such ordinance;
NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Russell County, Virginia:
1, The Board hereby approves the issuance of the Bonds by the Authority to the extent required by the Code and Section 15.2-4906 of the Virginia Code.
- The Bonds shall be designated as “Qualified Tax-Exempt Obligations” for purposes of Section 265(b) of the Code. Neither the County nor any “subordinate entities” within the meaning of Section 265(b) of the Code has issued any tax-exempt obligations not including private activity bonds for entities other than organizations described in Section
501©(3) of the Code during calendar year 2020, and the reasonable anticipated amount of tax- exempt obligations not including private activity bonds for entities other than organizations described in Section 501©(3) of the Code which will be issued by the County and all “subordinate entities” thereof during calendar year 2020 will not exceed $10,000,000. The County will not designate more than $10,000,000 of qualified tax-exempt obligations pursuant to Section 265(b) during the calendar year 2020.
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As permitted by Section 15.2-1205 of the Virginia Code the Board hereby provides its moral obligation to support the Authority’s Bonds in the form of the funding of any deficits of any kind or nature that the Authority may incur each year, including deficits related to funding of debt service on the Bonds, and agrees to include in its budget sufficient funds to pay debt service on such Bonds during each fiscal year so budgeted, all subject to annual appropriation by the Board.
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The Secretary of the Authority shall, no later than March 1 of each year beginning March 1, 2021, notify the County Administrator of the County of the amount (the “Annual Debt Service”) of principal of and interest coming due on the Bonds during the next fiscal year.
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The County Administrator shall include an amount equal to the Annual Debt Service of the Bonds in his budget submitted to the Board for the following fiscal year. The County Administrator of the County shall deliver to the Secretary of the Authority within ten days after the adoption of the County’s budget for each fiscal year, but not later than July 15 of each year, a certificate stating whether the Board has appropriated an amount equal to the Annual Debt Service.
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The County Administrator shall pay to the Authority the amount of any appropriation made pursuant to this moral obligation on or before the due date of the Annual Debt Service payment.
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The Board hereby undertakes a non-binding obligation to appropriate to the Authority such amounts as may be requested from time to time pursuant to paragraphs 4 and 5 above, to the fullest degree and in such manner as is consistent with the Constitution and laws of the Commonwealth of Virginia. The Board, while recognizing that it is not empowered to make any binding commitment to make such appropriations in future fiscal years, hereby states its intent to make such appropriations in future fiscal years, and hereby recommends that future Boards do likewise.
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Nothing herein contained is or shall be deemed to be a lending of the credit of the County to the Authority, or to any holder of any of the Bonds or to any other person, and nothing herein contained is or shall be deemed to be a pledge of the faith and credit or the taxing power of the County. Nothing herein contained shall bind or obligate the Board to appropriate funds to the Authority for the purposes described herein nor shall any provision of this Resolution give the Authority or any holders of the Bonds or any other person any legal right to enforce the terms hereof against the Board or the County.
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The Chairman or Vice Chairman of the Board and the County Administrator are
501©(3) of the Code during calendar year 2020, and the reasonable anticipated amount of tax- exempt obligations not including private activity bonds for entities other than organizations described in Section 501©(3) of the Code which will be issued by the County and all “subordinate entities” thereof during calendar year 2020 will not exceed $10,000,000. The County will not designate more than $10,000,000 of qualified tax-exempt obligations pursuant to Section 265(b) during the calendar year 2020.
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As permitted by Section 15.2-1205 of the Virginia Code the Board hereby provides its moral obligation to support the Authority’s Bonds in the form of the funding of any deficits of any kind or nature that the Authority may incur each year, including deficits related to funding of debt service on the Bonds, and agrees to include in its budget sufficient funds to pay debt service on such Bonds during each fiscal year so budgeted, all subject to annual appropriation by the Board.
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The Seeretary of the Authority shall, no later than March I of each year beginning March 1, 2021, notify the County Administrator of the County of the amount (the “Annual Debt Service”) of principal of and interest coming due on the Bonds during the next fiscal year.
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The County Administrator shall include an amount equal to the Annual Debt Service of the Bonds in his budget submitted to the Board for the following fiscal year. The County Administrator of the County shall deliver to the Secretary of the Authority within ten days after the adoption of the County’s budget for each fiscal year, but not later than July 15 of each year, a certificate stating whether the Board has appropriated an amount equal to the Annual Debt Service.
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The County Administrator shall pay to the Authority the amount of any appropriation made pursuant to this moral obligation on or before the due date of the Annual Debt Service payment.
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The Board hereby undertakes a non-binding obligation to appropriate to the Authority such amounts as may be requested from time to time pursuant to paragraphs 4 and 5 above, to the fullest degree and in such manner as is consistent with the Constitution and laws of the Commonwealth of Virginia. The Board, while recognizing that it is not empowered to make any binding commitment to make such appropriations in future fiscal years, hereby states its intent to make such appropriations in future fiscal years, and hereby recommends that future Boards do likewise.
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Nothing herein contained is or shall be deemed to be a lending of the credit of the County to the Authority, or to any holder of any of the Bonds or to any other person, and nothing herein contained is or shall be deemed to be a pledge of the faith and credit or the taxing power ‘of the County. Nothing herein contained shall bind or obligate the Board to appropriate funds to the Authority for the purposes described herein nor shall any provision of this Resolution give the Authority or any holders of the Bonds or any other person any legal right to enforce the terms hereof against the Board or the County.
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The Chairman or Vice Chairman of the Board and the County Administrator are
each hereby authorized and directed to take any and all actions and to execute any such documents or instruments, including but not limited to a “County Support Agreement” pursuant to Section 15.2-1205 of the Virginia Code, as may be necessary or appropriate to carry out the purposes of this resolution, the execution thereof by such officer or officers to be conclusive evidence of such appropriateness or necessity.
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‘The Authority shall pay all costs and expenses in connection with the issuance of the Bonds, including the fees and expense of bond counsel, counsel for the Authority and the agent or underwriter for the Bonds, whether or not issued. All such expenses to be deducted from the proceeds of the Bonds when issued.
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This resolution shall be effective immediately upon its adoption. Date of Adoption: October 5, 2020. ‘The Members of the Board voted as follows:
Aye ‘Nay Absent REBECCA DYE, _ 7 - Chairperson STEVE BREEDING ee Vice-Chairman ‘TIM LOVELACE LOU WALLACE CARL RHEA DAVID EATON Oris Christian CERTIFICATE —_— —
‘The undersigned Clerk of the Board of Supervisors of Russell County, Virginia, certifies that the foregoing is a true, correct and complete copy of a Resolution adopted by the Affirmative vote of a majority of the Russell County Board of Supervisors present at a public meeting duly called and held on October 5, 2020, at which meeting a quorum was present and acting throughout,
Dated; October __, 2020
Clerk, Board of Supervisors of [SEAL Russell County, Virginia
SUPPORT AGREEMENT
THIS SUPPORT AGREEMENT is made as of the ___ day of October, 2020, by and among the BOARD OF SUPERVISORS OF RUSSELL COUNTY, VIRGINIA (the “Board”), acting as the governing body of the County of Russell, Virginia, (the “County”), the Russell Industrial Development Authority (the “Authority”), and First Bank and Trust Company (“First Bank”) as purchaser of the Bond,.
WHEREAS, the Authority has determined that it is in the best interest of the general public to issue and sell its Industrial Revenue Bond in an original aggregate principal amount not to exceed One Million ($1,000,000.00) Dollars (the “Bond”) to First Bank pursuant to the terms of the Loan Agreement in order to finance the Project; and
WHEREAS, the Board adopted on October 5, 2020, a resolution authorizing, among other things, the execution of an agreement providing for a non-binding obligation of the Board to consider certain appropriations in support of the Bond and the Project.
NOW, THEREFORE, for and in consideration of the foregoing and of the mutual covenants herein set forth, the parties hereto agree as follows:
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Unless otherwise defined, each capitalized term used in this Support Agreement shall have the meaning given it in the Loan Agreement.
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The Authority shall use its best efforts to issue the Bond, to use the proceeds thereof to pay the costs of the Project.
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No later than April 15 of each year, beginning April 15, 2020, the Authority shall notify the Board of the amount (the “Annual Deficiency Amount”) by which the Authority reasonably expects the Revenues to be insufficient to pay (i) the debt service obligations under the Bond when due during the County’s fiscal year beginning the following July 1.
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The County Administrator of the County (the “County Administrator”) shall include the Annual Deficiency Amount in his budget submitted to the Board for the following fiscal year as an amount to be appropriated to or on behalf of the Authority. The County Administrator shall deliver to First Bank within ten days after the adoption of the County’s budget for each fiscal year, but not later than July 15 of each year, a certificate stating whether the Board has appropriated to or on behalf of the Authority an amount equal to the Annual Deficiency Amount.
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If at any time Revenues shall be insufficient to make any of the payments referred to in paragraph 3 hereof, the Authority shall notify the County Administrator of the amount of such insufficiency and the County Administrator shall request a supplemental appropriation from the Board in the amount necessary to make such payment.
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The County Administrator shall present each request for appropriation pursuant to
SUPPORT AGREEMEN’
THIS SUPPORT AGREEMENT is made as of the __ day of October, 2020, by and among the BOARD OF SUPERVISORS OF RUSSELL COUNTY, VIRGINIA (the “Board”), acting as the governing body of the County of Russell, Virginia, (the “County”), the Russell Industrial Development Authority (the “Authority”), and First Bank and Trust Company (“First Bank”) as purchaser of the Bond,.
WHEREAS, the Authority has determined that it is in the best interest of the general public to issue and sell its Industrial Revenue Bond in an original aggregate principal amount not to exceed One Million ($1,000,000.00) Dollars (the “Bond”) to First Bank pursuant to the terms of the Loan Agreement in order to finance the Project; and
WHEREAS, the Board adopted on October 5, 2020, a resolution authorizing, among other things, the execution of an agreement providing for a non-binding obligation of the Board to consider certain appropriations in support of the Bond and the Project.
NOW, THEREFORE, for and in consideration of the foregoing and of the mutual covenants herein set forth, the parties hereto agree as follows:
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Unless otherwise defined, each capitalized term used in this Support Agreement shall have the meaning given it in the Loan Agreement.
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The Authority shall use its best efforts to issue the Bond, to use the proceeds thereof to pay the costs of the Project.
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No later than April 15 of each year, beginning April 15, 2020, the Authority shall notify the Board of the amount (the “Annual Deficiency Amount”) by which the Authority reasonably expects the Revenues to be insufficient to pay (i) the debt service obligations under the Bond when due during the County’s fiscal year beginning the following July 1
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The County Administrator of the County (the “County Administrator”) shall include the Annual Deficiency Amount in his budget submitted to the Board for the following fiscal year as an amount to be appropriated to or on behalf of the Authority. The County Administrator shall deliver to First Bank within ten days after the adoption of the County’s budget for each fiscal year, but not later than July 15 of each year, a certificate stating whether the Board has appropriated to or on behalf of the Authority an amount equal to the Annual Deficiency Amount.
5 Ifat any time Revenues shall be insufficient to make any of the payments referred to in paragraph 3 hereof, the Authority shall notify the County Administrator of the amount of such insufficiency and the County Administrator shall request a supplemental appropriation from the Board in the amount necessary to make such payment.
- The County Administrator shall present each request for appropriation pursuant to
paragraph 5 above to the Board, and the Board shall consider such request, at the Board’s next regularly scheduled meeting at which it is possible to satisfy any applicable notification requirement. Promptly after such meeting, the County Administrator shall notify the Authority as to whether the amount so requested was appropriated. If the Board shall fail to make any such appropriation, the County Administrator shall add the amount of such requested appropriation to the Annual Deficiency Amount reported to the County by the County Administrator for the County’s next fiscal year.
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The Board hereby undertakes a non-binding obligation to appropriate such amounts as may be requested from time to time pursuant to paragraphs 4 and 5 above, to the fullest degree and in such manner as is consistent with the Constitution and laws of the Commonwealth of Virginia. The Board, while recognizing that it is not empowered to make any binding commitment to make such appropriations in future fiscal years, hereby recommends that future Boards of Supervisors do likewise.
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Nothing herein contained is or shall be deemed to be a lending of the credit of the County to the Authority, First Bank or to any holder of the Bond or to any other person, and nothing herein contained is or shall be deemed to be a pledge of the faith and credit or the taxing power of the County, nor shall anything herein contained legally bind or obligate the Board to appropriate funds for the purposes described herein.
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Any notice or requests required to be given hereunder shall be deemed given if sent by registered or certified mail, postage prepaid, addressed (i) if to the County, to the County Administrator’s Office, P.O. Box 1208, Lebanon, VA 24266, Attention: County Administrator; (ii) if to the Authority, P.O. Box 1208, Swords Creek, VA 24649, Attention: Chairman, RCIDA; (iii) if to First Bank, First Bank, P.O. Box 1000, Abingdon, VA 24212, Attention: Raleigh Hayter, Senior Vice President. Any party may designate any other address for notices or requests by giving notice.
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It is the intent of the parties hereto that the laws of the Commonwealth of Virginia shall govern this Agreement.
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This Agreement shall remain in full force and effect until the Bond and all other amounts payable by the Authority under the Loan Agreement have been paid in full.
IN WITNESS WHEREOF, the parties hereto have each cause this Agreement to be executed in their respective names as of the date first above written.
BOARD OF SUPERVISORS OF RUSSELL COUNTY, VIRGINIA
By: ______________________________________ REBECCA DYE, Chairperson
paragraph 5 above to the Board, and the Board shall consider such request, at the Board’s next regularly scheduled meeting at which it is possible to satisfy any applicable notification requirement. Promptly after such meeting, the County Administrator shall notify the Authority as to whether the amount so requested was appropriated. If the Board shall fail to make any such appropriation, the County Administrator shall add the amount of such requested appropriation to the Annual Deficiency Amount reported to the County by the County Administrator for the County’s next fiscal year.
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The Board hereby undertakes a non-binding obligation to appropriate such amounts as may be requested from time to time pursuant to paragraphs 4 and 5 above, to the fullest degree and in such manner as is consistent with the Constitution and laws of the Commonwealth of Virginia, The Board, while recognizing that it is not empowered to make any binding commitment to make such appropriations in future fiscal years, hereby recommends that future Boards of Supervisors do likewise.
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Nothing herein contained is or shall be deemed to be a lending of the credit of the County to the Authority, First Bank or to any holder of the Bond or to any other person, and nothing herein contained is or shall be deemed to be a pledge of the faith and credit or the taxing power of the County, nor shall anything herein contained legally bind or obligate the Board to appropriate funds for the purposes described herein,
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Any notice or requests required to be given hereunder shall be deemed given if sent by registered or certified mail, postage prepaid, addressed (i) if to the County, to the County Administrator’s Office, P.O. Box 1208, Lebanon, VA 24266, Attention: County Administrator; (ii) if to the Authority, P.O. Box 1208, Swords Creek, VA 24649, Attention: Chairman, RCIDA; (iii) if to First Bank, First Bank, P.O. Box 1000, Abingdon, VA 24212, Attention: Raleigh Hayter, Senior Vice President. Any party may designate any other address for notices or requests by giving notice.
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_Itis the intent of the parties hereto that the laws of the Commonwealth of Virginia shall govern this Agreement.
11, This Agreement shall remain in full force and effect until the Bond and all other amounts payable by the Authority under the Loan Agreement have been paid in full.
IN WITNESS WHEREOF, the parties hereto have each cause this Agreement to be executed in their respective names as of the date first above written.
BOARD OF SUPERVISORS OF RUSSELL COUNTY, VIRGINIA
By:
REBECCA DYE, Chairperson
RUSSELL COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY
By: ______________________________________ ERNIE McFADDEN, Chairman
FIRST BANK AND TRUST COMPANY
By: ______________________________________ RALEIGH HAYTER, Senior Vice-President
RUSSELL COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY
By:
ERNIE McFADDEN, Chairman
FIRST BANK AND TRUST COMPANY,
By:
RALEIGH HAYTER, Senior Vice-President
Industrial Development Authority of Russell County, Virginia
Virginia Promissory Note
VA/4XXXXXXXX00000000002247009N Wolters Kluwer Financial Services -1996, 2020 Bankers Systems* Page 1
LOAN NUMBER LOAN NAME ACCT. NUMBER NOTE DATE INITIALS
220004820 Industrial Development Authority of Russell
County, Virginia
R053260 10/16/20 REH
NOTE AMOUNT INDEX (w/Margin) RATE MATURITY DATE LOAN PURPOSE
$1,000,000.00 Not Applicable 3.160% 10/16/30 Commercial
Creditor Use Only
PROMISSORY NOTE (Commercial - Draw)
DATE AND PARTIES. The date of this Promissory Note (Note) is October 16, 2020. The parties and their addresses are:
LENDER: THE FIRST BANK AND TRUST COMPANY PO Box 1000 Abingdon, VA 24212 Telephone: 276-623-2323
BORROWER: INDUSTRIAL DEVELOPMENT AUTHORITY OF RUSSELL COUNTY, VIRGINIA PO Box 2378 Lebanon, VA 24266-2378
CONFESSION OF JUDGMENT. I appoint and authorize Chafin Law Firm, P.C. or Raleigh E. Hayter, PO Box 1000, Abingdon, VA 24212, attorneys in fact, to appear in the office of Russell County, Virginia, to confess judgment against me, in favor of Lender, if I default on this agreement. The confession of judgment may be without process and for any amount of PRINCIPAL and INTEREST due on this Note including collection costs and reasonable attorneys’ fees. This is in addition to other remedies. A substitute attorney-in-fact may be appointed by Lender.
For the purposes of this notice, “you” means the Borrower. IMPORTANT NOTICE: THIS INSTRUMENT CONTAINS A CONFESSION OF JUDGMENT PROVISION WHICH CONSTITUTES A WAIVER OF IMPORTANT RIGHTS YOU MAY HAVE AS A DEBTOR AND ALLOWS THE CREDITOR TO OBTAIN A JUDGMENT AGAINST YOU WITHOUT ANY FURTHER NOTICE.
- DEFINITIONS. As used in this Note, the terms have the following meanings:
A. Pronouns. The pronouns “I,” “me,” and “my” refer to each Borrower signing this Note and each other person or legal entity (including guarantors, endorsers, and sureties) who agrees to pay this Note. “You” and “Your” refer to the Lender, any participants or syndicators, successors and assigns, or any person or company that acquires an interest in the Loan.
B. Note. Note refers to this document, and any extensions, renewals, modifications and substitutions of this Note.
C. Loan. Loan refers to this transaction generally, including obligations and duties arising from the terms of all documents prepared or submitted for this transaction such as applications, security agreements, disclosures or notes, and this Note.
D. Loan Documents. Loan Documents refer to all the documents executed as a part of or in connection with the Loan.
E. Property. Property is any property, real, personal or intangible, that secures my performance of the obligations of this Loan.
F. Percent. Rates and rate change limitations are expressed as annualized percentages.
G. Dollar Amounts. All dollar amounts will be payable in lawful money of the United States of America.
-
PROMISE TO PAY. For value received, I promise to pay you or your order, at your address, or at such other location as you may designate, amounts advanced from time to time under the terms of this Note up to the maximum total principal balance of $1,000,000.00 (Principal), plus interest from the date of disbursement, on the unpaid outstanding Principal balance until this Note is paid in full and you have no further obligations to make advances to me under the Loan.
-
ADVANCES. Advances under this Note are made according to the following terms and conditions.
Bank
& Trust Company TOAN NUMBER LOAN NAME ‘ACCT. NUMBER NOTE DATE INITIALS 220004820 Industrial Development, 053260 1016/20 ReH
‘Authority of Russell County, Virginia
NOTE AMOUNT INDEX (w/Margin) RATE MATURITY DATE LOAN PURPOSE $1,000,000.00 Not Applicable 3.160% 10/16/30 Commercial Creditor Use Only
PROMISSORY NOTE
(Commercial - Draw)
DATE AND PARTIES. The date of this Promissory Note (Note) is October 16, 2020. The parties and their addresses are:
LENDER: ‘THE FIRST BANK AND TRUST COMPANY PO Box 1000 Abingdon, VA 24212 Telephone: 276-623-2323,
BORROWER: INDUSTRIAL DEVELOPMENT AUTHORITY OF RUSSELL COUNTY, VIRGINIA PO Box 2378 Lebanon, VA 24266-2378
CONFESSION OF JUDGMENT. | appoint and authorize Ghafin Law Firm, P.O. or Raleigh ©. Hayter, PO Box 1000, Abingdon, VA 24212, attorneys in fact, to appear in the office of Russell County, Virginia, to confess judgment against me, in favor of Lender, if | default on this ‘agreement. The confession of judgment may be without process and for any amount of PRINCIPAL and INTEREST due on this Note including collection costs and reasonable attorneys" fees. This is in addition to other remedies. A substitute attomey-in-fact may be appointed by Lender.
For the purposes of this notice, “you” means the Borrower. IMPORTANT NOTICE: THIS INSTRUMENT CONTAINS A CONFESSION OF JUDGMENT PROVISION WHICH CONSTITUTES A WAIVER OF IMPORTANT RIGHTS YOU MAY HAVE AS A DEBTOR AND ALLOWS THE CREDITOR TO OBTAIN A
JUDGMENT AGAINST YOU WITHOUT ANY FURTHER NOTICE.
- DEFINITIONS. As used in this Note, the terms have the following meanings:
‘A. Pronouns. The pronouns: ”" and “my” refer to each Borrower signing this Note and each other person or legal entity (including ‘Quarantors, endorsers, and sureties) who agrees to pay this Note. “You” and “Your” refer to the Lender, any participants or syndicators, successors and assigns, or any person or company that acquires an interest in the Loan,
B. Note. Note refers to this document, and any extensions, renewals, modifications and substitutions of this Note.
. Loan. Loan refers to this transaction generally, including obligations and duties arising from the terms of all documents prepared or ‘submitted for this transaction such as applications, security agreements, disclosures or notes, and this Note.
D. Loan Documents. Loan Documents refer to all the documents executed as @ part of or in connection with the Loan
E. Property. Property is any property, real, personal or intangible, that secures my performance of the obligations of this Loan.
F. Percent. Rates and rate change limitations are expressed as annualized percentages.
G. Dollar Amounts. All dollar amounts will be payable in lawful money of the United States of America, 2. PROMISE TO PAY. For value received, | promise to pay you or your order, at your address, or at such other location as you may designate, amounts advanced from time to time under the terms of this Note up to the maximum total principal balance of $1,000,000.00 (Principal) plus interest from the date of disbursement, on the unpaid outstanding Principal balance until this Note is paid in full and you have no further obligations to make advances to me under the Loan. 3. ADVANCES. Advances under this Note are made according to the following terms and conditions.
Thdustral Development Authority of Russel County, Wigina Virginia Promissory Note
\VAV4XXXXXXXX00000000002247000N Wolters Kkawer Financial Services ©1996, 2020 Bankers Systems" Page 1
Industrial Development Authority of Russell County, Virginia
Virginia Promissory Note
VA/4XXXXXXXX00000000002247009N Wolters Kluwer Financial Services -1996, 2020 Bankers Systems* Page 2
A. Requests for Advances. My requests are a warranty that I am in compliance with all the Loan Documents. When required by you for a particular method of advance, my requests for an advance must specify the requested amount and the date and be accompanied with any agreements, documents, and instruments that you require for the Loan. Any payment by you of any check, share draft or other charge may, at your option, constitute an advance on the Loan to me. All advances will be made in United States dollars. I will indemnify you and hold you harmless for your reliance on any request for advances that you reasonably believe to be genuine. To the extent permitted by law, I will indemnify you and hold you harmless when the person making any request represents that I authorized this person to request an advance even when this person is unauthorized or this person’s signature is not genuine.
I or anyone I authorize to act on my behalf may request advances by the following methods.
(1) I make a request in person.
(2) I make a request by phone.
B. Advance Limitations. In addition to any other Loan conditions, requests for, and access to, advances are subject to the following limitations.
(1) Discretionary Advances. You will make all Loan advances at your sole discretion.
(2) Advance Amount. Subject to the terms and conditions contained in this Note, advances will be made in exactly the amount I request.
(3) Maximum Frequency. Advances will be made no more frequently than Daily.
(4) Cut-Off Time. Requests for an advance received before 5:00 PM will be made on any day that you are open for business, on the day for which the advance is requested.
(5) Disbursement of Advances. On my fulfillment of this Note’s terms and conditions, you will disburse the advance in any manner as you and I agree.
(6) Credit Limit. I understand that you will not ordinarily grant a request for an advance that would cause the unpaid principal of my Loan to be greater than the Principal limit. You may, at your option, grant such a request without obligating yourselves to do so in the future. I will pay any overadvances in addition to my regularly scheduled payments. I will repay any overadvance by repaying you in full within days after the overadvance occurs.
(7) Records. Your records will be conclusive evidence as to the amount of advances, the Loan’s unpaid principal balances and the accrued interest.
- INTEREST. Interest will accrue on the unpaid Principal balance of this Note at the rate of 3.160 percent (Interest Rate).
A. Post-Maturity Interest. After maturity or acceleration, interest will accrue on the unpaid Principal balance of this Note at the Interest Rate in effect from time to time, until paid in full.
B. Maximum Interest Amount. Any amount assessed or collected as interest under the terms of this Note will be limited to the maximum lawful amount of interest allowed by applicable law. Amounts collected in excess of the maximum lawful amount will be applied first to the unpaid Principal balance. Any remainder will be refunded to me.
C. Statutory Authority. The amount assessed or collected on this Note is authorized by the Virginia usury laws under Va. Code §§ 6.2 et. seq.
D. Accrual. Interest accrues using a counting days method whereby the per diem interest is calculated first by dividing the annual interest by 12 (to determine one month’s interest) and then this amount is divided by the number of days in the respective month (so the per diem will vary from month to month). The resulting per diem is then multiplied by the respective number of days in the accrual period.
- REMEDIAL CHARGES. In addition to interest or other finance charges, I agree that I will pay these additional fees based on my method and pattern of payment. Additional remedial charges may be described elsewhere in this Note.
A. Late Charge. If a payment is more than 10 days late, I will be charged 5.000 percent of the Amount of Payment. I will pay this late charge promptly but only once for each late payment.
- PAYMENT. I agree to pay this Note in 120 installment payments. During the first phase of the Loan I will make 12 payments of accrued interest beginning November 16, 2020, and then on the 16th day of each month thereafter, until October 16, 2021.
Then, I agree to make 108 installment payments during the second phase of the Loan. I will make 107 payments of $10,650.62 beginning on November 16, 2021, and on the 16th day of each month thereafter. A single, final payment of the entire unpaid balance of Principal and interest will be due October 16, 2030.
Payments will be rounded to the nearest $.01. With the final payment I also agree to pay any additional fees or charges owing and the amount of any advances you have made to others on my behalf. Payments scheduled to be paid on the 29th, 30th or 31st day of a month that contains no such day will, instead, be made on the last day of such month.
Each payment I make on this Note will be applied first to escrow that is due, then to interest that is due, then to principal that is due, then to late charges that are due, then to any charges that I owe other than principal and interest, and finally to principal that is due. If you and I agree to a different application of payments, we will describe our agreement on this Note. You may change how payments are applied in your sole discretion without notice to me. The actual amount of my final payment will depend on my payment record.
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PREPAYMENT. I may prepay this Loan in full or in part at any time. Any partial prepayment will not excuse any later scheduled payments until I pay in full.
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LOAN PURPOSE. The purpose of this Loan is improvements to Russell County Health Services facilities and purchase equpiment for Russell County Sheriff’s Office.
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DEFAULT. I will be in default if any of the following events (known separately and collectively as an Event of Default) occur:
‘A. Requests for Advances. My requests are @ warranty that | am in compliance with all the Loan Documents. When required by you for a particular method of advance, my requests for an advance must specify the requested amount and the date and be accompanied with any agreements, documents, and instruments that you require for the Loan. Any payment by you of any check, share draft or other charge may, at your option, constitute an advance on the Loan to me. All advances will be made in United States dollars. | will indemnify you ‘and hold you harmless for your reliance on any request for advances that you reasonably believe to be genuine. To the extent permitted by law, | will indemnify you and hold you harmless when the person making any request represents that | authorized this person to request ‘an advance even when this person is unauthorized or this person’s signature is not genuine. | or anyone | authorize to act on my behalf may request advances by the following methods. (1) make a request in person. (2) | make @ request by phone. B. Advance Limitations. In addition to any other Loan conditions, requests for, and access to, advances are subject to the following limitations. (1) Discretionary Advances. You will make all Loan advances at your sole discretion. (2) Advance Amount. Subject to the terms and conditions contained in this Note, advances will be made in exactly the amount | request. (3) Maximum Frequency. Advances will be made no more frequently than Dally. (4) Cut-Off Time. Requests for an advance received before 5:00 PM will be made on any day that you are open for business, on the: ‘day for which the advance is requested, (8) Disbursement of Advances. On my fulfillment of this Note’s terms and conditions, you will disburse the advance in any manner as you and | agree. (6) Credit Limit. | understand that you will not ordinarily grant a request for an advance that would cause the unpaid principal of my Loan to be greater than the Principal limit. You may, at your option, grant such a request without obligating yourselves to do so in the future. | will pay any overadvances in addition to my regularly scheduled payments. | will repay any overadvance by repaying you in full within days after the overadvance occurs.
(7) Records. Your records will be conclusive evidence as to the amount of advances, the Loan’s unpaid principal balances and the accrued interest
4, INTEREST. Interest will accrue on the unpaid Principal balance of this Note at the rate of 3.160 percent (Interest Rate)
‘A. Post-Maturity Interest. After maturity or acceleration, interest will accrue on the unpaid Principal balance of this Note at the Interest Rate in effect from time to time, until paid in ull
- Maximum Interest Amount. Any amount assessed or collected as interest under the terms of this Note will be limited to the maximum lawful amount of interest allowed by applicable law. Amounts collected in excess of the maximum lawful amount will be applied first to ‘the unpaid Principal balance. Any remainder will be refunded to me.
. Statutory Authority. The amount assessed or collected on this Note is authorized by the Virginia usury laws under Va. Code §§ 6.2 et. seq,
D. Accrual. Interest accrues using a counting days method whereby the per diem interest is calculated first by dividing the annual interest by 12 (to determine one month’s interest) and then this amount is divided by the number of days in the respective month (so the per diem will vary from month to month). The resulting per diem is then multiplied by the respective number of days in the accrual period,
‘5. REMEDIAL CHARGES. In addition to interest or other finance charges, | agree that | will pay these additional fees based on my method and pattern of payment. Additional remedial charges may be described elsewhere in this Note.
‘A. Late Charge. If a payment is more than 10 days late, | will be charged 5.000 percent of the Amount of Payment. | will pay this late ‘charge promptly but only once for each late payment.
- PAYMENT. | agree to pay this Note in 120 installment payments. During the first phase of the Loan | will make 12 payments of accrued interest beginning November 16, 2020, and then on the 16th day of each month thereafter, until October 16, 2021
Then, | agree to make 108 installment payments during the second phase of the Loan. | will make 107 payments of $10,650.62 beginning on November 16, 2021, and on the 16th day of each month thereafter. A single, final payment of the entire unpaid balance of Principal and interest will be due October 16, 2030.
Payments will be rounded to the nearest $.01. With the final payment | also agree to pay any additional fees or charges owing and the amount of any advances you have made to others on my behalf. Payments scheduled to be paid on the 29th, 30th or 31st day of a month that contains no such day will, instead, be made on the last day of such month,
Each payment I make on this Note will be applied first to escrow that is due, then to interest that is due, then to principal that is due, then to late charges that are due, then to any charges that | owe other than principal and interest, and finally to principal that is due. If you and | agree to a different application of payments, we will describe our agreement on this Note. You may change how payments are applied in your sole discretion without notice to me. The actual amount of my final payment will depend on my payment record.
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PREPAYMENT. | may prepay this Loan in full or in part at any time. Any partial prepayment will not excuse any later scheduled payments until I pay in full
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LOAN PURPOSE. The purpose of this Loan is improvements to Russell County Health Services facilities and purchase equpiment for Russell County Sheriff’s Office,
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DEFAULT. | will be in default if any of the following events (known separately and collectively as an Event of Default) occur:
Thdustrial Development Authority of Russel County, Wigina Virginia Promissory Note |VAvAXXXXXXXX00000000002247000N Wiolters Kluwer Financial Service
1996, 2020 Bankers Systems" Page 2
Industrial Development Authority of Russell County, Virginia
Virginia Promissory Note
VA/4XXXXXXXX00000000002247009N Wolters Kluwer Financial Services -1996, 2020 Bankers Systems* Page 3
A. Payments. I fail to make a payment in full when due.
B. Insolvency or Bankruptcy. The death, dissolution or insolvency of, appointment of a receiver by or on behalf of, application of any debtor relief law, the assignment for the benefit of creditors by or on behalf of, the voluntary or involuntary termination of existence by, or the commencement of any proceeding under any present or future federal or state insolvency, bankruptcy, reorganization, composition or debtor relief law by or against me or any co-signer, endorser, surety or guarantor of this Note or any other obligations I have with you.
C. Failure to Perform. I fail to perform any condition or to keep any promise or covenant of this Note.
D. Other Documents. A default occurs under the terms of any other Loan Document.
E. Other Agreements. I am in default on any other debt or agreement I have with you.
F. Misrepresentation. I make any verbal or written statement or provide any financial information that is untrue, inaccurate, or conceals a material fact at the time it is made or provided.
G. Judgment. I fail to satisfy or appeal any judgment against me.
H. Name Change. I change my name or assume an additional name without notifying you before making such a change.
I. Property Transfer. I transfer all or a substantial part of my money or property.
J. Property Value. You determine in good faith that the value of the Property has declined or is impaired.
K. Insecurity. You determine in good faith that a material adverse change has occurred in my financial condition from the conditions set forth in my most recent financial statement before the date of this Note or that the prospect for payment or performance of the Loan is impaired for any reason.
- WAIVERS AND CONSENT. To the extent not prohibited by law, I waive protest, presentment for payment, demand, notice of acceleration, notice of intent to accelerate and notice of dishonor.
A. Additional Waivers By Borrower. In addition, I, and any party to this Note and Loan, to the extent permitted by law, consent to certain actions you may take, and generally waive defenses that may be available based on these actions or based on the status of a party to this Note.
(1) You may renew or extend payments on this Note, regardless of the number of such renewals or extensions.
(2) You may release any Borrower, endorser, guarantor, surety, accommodation maker or any other co-signer.
(3) You may release, substitute or impair any Property securing this Note.
(4) You, or any institution participating in this Note, may invoke your right of set-off.
(5) You may enter into any sales, repurchases or participations of this Note to any person in any amounts and I waive notice of such sales, repurchases or participations.
(6) I agree that any of us signing this Note as a Borrower is authorized to modify the terms of this Note or any instrument securing, guarantying or relating to this Note.
B. No Waiver By Lender. Your course of dealing, or your forbearance from, or delay in, the exercise of any of your rights, remedies, privileges or right to insist upon my strict performance of any provisions contained in this Note, or any other Loan Document, shall not be construed as a waiver by you, unless any such waiver is in writing and is signed by you.
- REMEDIES. After I default, you may at your option do any one or more of the following.
A. Acceleration. You may make all or any part of the amount owing by the terms of this Note immediately due.
B. Sources. You may use any and all remedies you have under state or federal law or in any Loan Document.
C. Insurance Benefits. You may make a claim for any and all insurance benefits or refunds that may be available on my default.
D. Payments Made On My Behalf. Amounts advanced on my behalf will be immediately due and may be added to the balance owing under the terms of this Note, and accrue interest at the highest post-maturity interest rate.
E. Termination. You may terminate my rights to obtain advances or other extensions of credit by any of the methods provided in this Note.
F. Set-Off. You may use the right of set-off. This means you may set-off any amount due and payable under the terms of this Note against any right I have to receive money from you.
My right to receive money from you includes any deposit or share account balance I have with you; any money owed to me on an item presented to you or in your possession for collection or exchange; and any repurchase agreement or other non-deposit obligation. “Any amount due and payable under the terms of this Note” means the total amount to which you are entitled to demand payment under the terms of this Note at the time you set-off.
Subject to any other written contract, if my right to receive money from you is also owned by someone who has not agreed to pay this Note, your right of set-off will apply to my interest in the obligation and to any other amounts I could withdraw on my sole request or endorsement.
Your right of set-off does not apply to an account or other obligation where my rights arise only in a representative capacity. It also does not apply to any Individual Retirement Account or other tax-deferred retirement account.
You will not be liable for the dishonor of any check when the dishonor occurs because you set-off against any of my accounts. I agree to hold you harmless from any such claims arising as a result of your exercise of your right of set-off.
G. Waiver. Except as otherwise required by law, by choosing any one or more of these remedies you do not give up your right to use any other remedy. You do not waive a default if you choose not to use a remedy. By electing not to use any remedy, you do not waive your right to later consider the event a default and to use any remedies if the default continues or occurs again.
‘A. Payments. | fail to make @ payment in full when due.
B. Insolvency or Bankruptcy. The death, dissolution or insolvency of, appointment of a receiver by or on behalf of, application of any debtor relief law, the assignment for the benefit of creditors by or on behalf of, the voluntary or involuntary termination of existence by, or ‘the commencement of any proceeding under any present or future federal or state insolvency, bankruptcy, reorganization, composition or debtor relief law by or against me or any co-signer, endorser, surety or guarantor of this Note or any other obligations | have with you.
. Failure to Perform. | fail to perform any condition or to keep any promise or covenant of this Note. D. Other Documents. A default occurs under the terms of any other Loan Document. E, Other Agreements. am in default on any other debt or agreement | have with you.
F. Misrepresentation. | make any verbal or written statement or provide any financial information that is untrue, inaccurate, or conceals a material fact at the time itis made or provided
G. Judgment. | fail to satisfy or appeal any judgment against me H. Name Change. | change my name or assume an additional name without notifying you before making such a change. |. Property Transfer. | transfer all or @ substantial part of my money or property.
4J. Property Value. You determine in good faith that the value of the Property has declined or is impaired.
K. Insecurity. You determine in good faith that a material adverse change has occurred in my financial condition from the conditions set forth in my mast recent financial statement before the date of this Note or that the prospect for payment or performance of the Loan is impaired for any reason.
- WAIVERS AND CONSENT. To the extent not prohibited by law, | waive protest, presentment for payment, demand, notice of acceleration, notice of intent to accelerate and notice of dishonor.
‘A. Additional Waivers By Borrower. In addition, |, and any party to this Note and Loan, to the extent permitted by law, consent to certain ‘actions you may take, and generally waive defenses that may be available based on these actions or based on the status of a party to this Note.
(1) You may renew or extend payments on this Note, regardless of the number of such renewals or extensions. (2) You may release any Borrower, endorser, guarantor, surety, accommodation maker or any other co-signer. (8) You may release, substitute or impair any Property securing this Note.
(4) You, or any institution participating in this Note, may invoke your right of set-off
(5) You may enter into any sales, repurchases or participations of this Note to any person in any amounts and | waive notice of such ‘sales, repurchases or participations. (6) | agree that any of us signing this Note as a Borrower is authorized to modify the terms of this Note or any instrument securing, ‘guarantying or relating to this Note. B. No Waiver By Lender. Your course of dealing, or your forbearance from, or delay in, the exercise of any of your rights, remedies, privileges or right to insist upon my strict performance of any provisions contained in this Note, or any other Loan Document, shall not be ‘construed as @ waiver by you, unless any such waiver isin writing and is signed by you.
- REMEDIES. After | default, you may at your option do any one or more of the following ‘A. Acceleration. You may make all or any part of the amount owing by the terms of this Note immediately due B. Sources. You may use any and all remedies you have under state or federal law or in any Loan Document, C. Insurance Benefits. You may make a claim for any and all insurance benefits or refunds that may be available on my default. D. Payments Made On My Behalf. Amounts advanced on my behalf will be immediately due and may be added to the balance owing under the terms of this Note, and accrue interest at the highest post-maturity interest rate.
E. Termination. You may terminate my rights to obtain advances or other extensions of credit by any of the methods provided in this Note.
F. Set-Off. You may use the right of set-off. This means you may set-off any amount due and payable under the terms of this Note against any right | have to receive money from you.
[My right to receive money from you includes any deposit or share account balance I have with you; any money owed to me on an item presented to you or in your possession for collection or exchange; and any repurchase agreement or other non-deposit obligation. “Any ‘amount due and payable under the terms of this Note” means the total amount to which you are entitled to damand payment under the terms of this Note at the time you set-of.
‘Subject to any other written contract, if my right to receive money from you is also owned by someone who has not agreed to pay this Note, your right of set-off will apply to my interest in the obligation and to any other amounts | could withdraw on my sole request or ‘endorsement.
‘Your right of set-off does not apply to an account or other obligation where my rights arise only in a representative capacity. It also does not apply to any Individual Retirement Account or other tax-deferred retirement account
‘You will not be liable for the dishonor of any check when the dishonor occurs because you set-off against any of my accounts. | agree to hold you harmless from any such claims arising as a result of your exercise of your right of set-off.
G. Waiver. Except as otherwise required by law, by choosing any one or more of these remedies you do not give up your right to use any ‘other remedy. You do not waive a default if you choose not to use a remedy. By electing not to use any remedy, you do not waive your Tight to later consider the event a default and to use any remedies if the default continues or occurs again.
Thdustrial Development Authority of Russel County, Wigina Virginia Promissory Note |VAvAXXXXXXXX00000000002247000N Wiolters Kluwer Financial Service
1996, 2020 Bankers Systems" Page 3
Industrial Development Authority of Russell County, Virginia
Virginia Promissory Note
VA/4XXXXXXXX00000000002247009N Wolters Kluwer Financial Services -1996, 2020 Bankers Systems* Page 4
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COLLECTION EXPENSES AND ATTORNEYS’ FEES. On or after the occurrence of an Event of Default, to the extent permitted by law, I agree to pay all expenses of collection, enforcement or protection of your rights and remedies under this Note or any other Loan Document. Expenses include (unless prohibited by law) reasonable attorneys’ fees, court costs, and other legal expenses. These expenses are due and payable immediately. If not paid immediately, these expenses will bear interest from the date of payment until paid in full at the highest interest rate in effect as provided for in the terms of this Note. All fees and expenses will be secured by the Property I have granted to you, if any. In addition, to the extent permitted by the United States Bankruptcy Code, I agree to pay the reasonable attorneys’ fees incurred by you to protect your rights and interests in connection with any bankruptcy proceedings initiated by or against me.
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COMMISSIONS. I understand and agree that you (or your affiliate) will earn commissions or fees on any insurance products, and may earn such fees on other services that I buy through you or your affiliate.
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WARRANTIES AND REPRESENTATIONS. I have the right and authority to enter into this Note. The execution and delivery of this Note will not violate any agreement governing me or to which I am a party.
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APPLICABLE LAW. This Note is governed by the laws of Virginia, the United States of America, and to the extent required, by the laws of the jurisdiction where the Property is located, except to the extent such state laws are preempted by federal law. In the event of a dispute, the exclusive forum, venue and place of jurisdiction will be in Virginia, unless otherwise required by law.
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JOINT AND SEVERAL LIABILITY AND SUCCESSORS. My obligation to pay the Loan is independent of the obligation of any other person who has also agreed to pay it. You may sue me alone, or anyone else who is obligated on the Loan, or any number of us together, to collect the Loan. Extending the Loan or new obligations under the Loan, will not affect my duty under the Loan and I will still be obligated to pay the Loan. This Note shall inure to the benefit of and be enforceable by you and your successors and assigns and shall be binding upon and enforceable against me and my successors and assigns.
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AMENDMENT, INTEGRATION AND SEVERABILITY. This Note may not be amended or modified by oral agreement. No amendment or modification of this Note is effective unless made in writing. This Note and the other Loan Documents are the complete and final expression of the agreement. If any provision of this Note is unenforceable, then the unenforceable provision will be severed and the remaining provisions will still be enforceable. No present or future agreement securing any other debt I owe you will secure the payment of this Loan if, with respect to this loan, you fail to fulfill any necessary requirements or fail to conform to any limitations of the Truth in Lending Act (Regulation Z) or the Real Estate Settlement Procedures Act (Regulation X) that are required for loans secured by the Property or if, as a result, this Loan would become subject to Section 670 of the John Warner National Defense Authorization Act for Fiscal Year 2007.
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INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The section headings are for convenience only and are not to be used to interpret or define the terms of this Note.
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NOTICE, FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first class mail or via a nationally recognized overnight courier to the appropriate party’s address listed in the DATE AND PARTIES section, or to any other address designated in writing. Notice to one Borrower will be deemed to be notice to all Borrowers. I will inform you in writing of any change in my name, address or other application information. I will provide you any correct and complete financial statements or other information you request. I agree to sign, deliver, and file any additional documents or certifications that you may consider necessary to perfect, continue, and preserve my obligations under this Loan and to confirm your lien status on any Property. Time is of the essence.
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CREDIT INFORMATION. I agree to supply you with whatever information you reasonably request. You will make requests for this information without undue frequency, and will give me reasonable time in which to supply the information.
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ERRORS AND OMISSIONS. I agree, if requested by you, to fully cooperate in the correction, if necessary, in the reasonable discretion of you of any and all loan closing documents so that all documents accurately describe the loan between you and me. I agree to assume all costs including by way of illustration and not limitation, actual expenses, legal fees and marketing losses for failing to reasonably comply with your requests within thirty (30) days.
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SIGNATURES. By signing under seal, I agree to the terms contained in this Note. I also acknowledge receipt of a copy of this Note.
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COLLECTION EXPENSES AND ATTORNEYS’ FEES. On or after the occurrence of an Event of Default, to the extent permitted by law, | agree to pay all expenses of collection, enforcement or protection of your rights and remedies under this Note or any other Loan Document. Expenses include (unless prohibited by law) reasonable attorneys" fees, court costs, and other legal expenses. These expenses are due and payable immediately. If not paid immediately, these expenses will bear interest from the date of payment until paid in full at the highest interest rate in effect as provided for in the terms of this Note. All fees and expenses will be secured by the Property I have granted to you, if any. In addition, to the extent permitted by the United States Bankruptcy Code, | agree to pay the reasonable attomeys" fees incurred by you to protect your rights and interests in connection with any bankruptcy proceedings initiated by or against me.
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COMMISSIONS. I understand and agree that you (or your affiliate) will eam commissions or fees on any insurance products, and may eam such fees on other services that | buy through you or your affiliate.
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WARRANTIES AND REPRESENTATIONS. | have the right and authority to enter into this Note. The execution and delivery of this Note will not Violate any agreement governing me or to which | am a party
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APPLICABLE LAW. This Note is governed by the laws of Virginia, the United States of America, and to the extent required, by the laws of the jurisdiction where the Property is located, except to the extent such state laws are preempted by federal law. In the event of a dispute, the exclusive forum, venue and place of jurisdiction will be in Virginia, unless otherwise required by law.
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JOINT AND SEVERAL LIABILITY AND SUCCESSORS. My obligation to pay the Loan is independent of the obligation of any other person Who has also agreed to pay it. You may sue me alone, or anyone else who is obligated on the Loan, or any number of us together, to collect the Loan. Extending the Loan or new obligations under the Loan, will not affect my duty under the Loan and | will stil be obligated to pay the Loan. This Note shall inure to the benefit of and be enforceable by you and your successors and assigns and shall be binding upon and enforceable against me and my successors and assigns.
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AMENDMENT, INTEGRATION AND SEVERABILITY. This Note may not be amended or modified by oral agreement. No amendment or modification of this Note is effective unless made in writing. This Note and the other Loan Documents are the complete and final expression Of the agreement. If any provision of this Note is unenforceable, then the unenforceable provision will be severed and the remaining provisions will stil be enforceable. No present or future agreement securing any other debt | owe you will secure the payment of this Loan if, with respect to this loan, you fal to fulfil any necessary requirements or fail to conform to any limitations of the Truth in Lending Act (Regulation Z) or the Real Estate Settlement Procedures Act (Regulation X) that are required for loans secured by the Property or if, as a result, this Loan would become subject to Section 670 of the John Warner National Defense Authorization Act for Fiscal Year 2007,
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INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The section headings are for convenience only and are not to be used to interpret or define the terms of this Note.
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NOTICE, FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first class mail or via a nationally recognized overnight courier to the appropriate party’s address listed in the DATE AND PARTIES section, or to any other address designated in writing. Notice to one Borrower will be deemed to be notice to all Borrowers. I will inform you in writing of any change in my name, address or other application information. | will provide you any correct and complete financial statements or other information you request. | agree to sign, deliver, and file any additional documents or certifications that you may consider necessary to perfect, continue, and preserve my obligations under this Loan and to confirm your lien status on any Property. Time is of the essence,
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CREDIT INFORMATION. | agree to supply you with whatever information you reasonably request. You will make requests for this information without undue frequency, and will give me reasonable time in which to supply the information,
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ERRORS AND OMISSIONS. || agree, if requested by you, to fully cooperate in the correction, if necessary, in the reasonable discretion of you of any and all loan closing documents so that all documents accurately describe the loan between you and me. | agree to assume all costs including by way of illustration and not limitation, actual expenses, legal fees and marketing losses for falling to reasonably comply with your requests within thirty (30) days.
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SIGNATURES. By signing under seal, | agree to the terms contained in this Note. | also acknowledge receipt of a copy of this Note,
Thdustrial Development Authority of Russel County, Wigina Virginia Promissory Note |VAvAXXXXXXXX00000000002247000N Wiolters Kluwer Financial Service
1996, 2020 Bankers Systems" Page 4
Industrial Development Authority of Russell County, Virginia
Virginia Promissory Note
VA/4XXXXXXXX00000000002247009N Wolters Kluwer Financial Services -1996, 2020 Bankers Systems* Page 5
BORROWER:
Industrial Development Authority of Russell County, Virginia
By_____________________________________________________ Date_____________________ (Seal) Luther E. McFaddin, Jr., Chairman
By_____________________________________________________ Date_____________________ (Seal) Carlton Elliott, Secretary/Treasurer
ACKNOWLEDGMENT (REQUIRED FOR CONFESSION OF JUDGMENT):
COMMONWEALTH OF ________________, COUNTY (OR CITY) OF ________________ ss.
This instrument was acknowledged before me this _____________ day of ____________________, _____________ by Luther E. McFaddin, Jr. - Chairman and Carlton Elliott - Secretary/Treasurer of Industrial Development Authority of Russell County, Virginia a Domestic Government Unit on behalf of the Domestic Government Unit.
My commission expires:
(Notary Public)
BORROWER: Industrial Development Authority of Russell County, Virginia
By Date.
(Seal)
Luther E. MeFaddin, Jr, Chairman
by. Date.
(Seal)
Carlton Eliott, Secretary/Treasurer
‘ACKNOWLEDGMENT (REQUIRED FOR CONFESSION OF JUDGMENT): COMMONWEALTH OF . COUNTY (OR CITY) OF
This instrument was acknowledged before me this day of,
by Luther €. MoFaddin, Jr. -
Chairman and Carton Eliott - Secretary/Treasurer of Industrial Development Authority of Russell County, Virginia a Domestic Government Unit
(on behalf of the Domestic Government Unit. My commission expires:
(Wotary Public)
Thdustrial Development Authority of Russel County, Wigina Virginia Promissory Note |VAvAXXXXXXXX00000000002247000N
Wiolters Kluwer Financial Service
1996, 2020 Bankers Systems"
Page 5
RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF RUSSELL COUNTY
WHEREAS, the Industrial Development Authority of Russell County (the “Authority”) intends to issue a tax-exempt Industrial Development Revenue Bond in the principal amount of up to $1,000,000 (the “Bond”) to finance infrastructure improvement and promote economic development in Russell County, Virginia (the “County”) and
WHEREAS, a public hearing, duly advertised, was held, electronically pursuant to Covid-19 Pandemic Protocols, as required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”) and Section 15.2-4906 of the Code of Virginia 1950, as amended (the “Virginia Code”) on September 10, 2020 at 5:35 p.m. in Lebanon, VA.
WHEREAS, the Authority has received and considered financing proposals from First Bank & Trust Company regarding the purchase of the Bond (Exhibit “A”).
NOW, THEREFORE, BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF RUSSELL COUNTY:
1, It is hereby found and determined that financing the infrastructure improvements will promote economic development in County will be in the publ environs, and will benefit the County and promote the welfare of its
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The Authority hereby agrees that the issuance of Bonds in an amount not to exceed $1,000,000, upon terms and conditions mutually agreed in the financing proposal of First Bank & Trust Company (Exhibit “A”).
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The Bond shall be designated as “Qualified Tax-Exempt Obligations” for purposes of Section 265(b) of the Code. Neither the Authority nor any “subordinate entities” within the meaning of Section 265(b) of the Code has issued any tax-exempt obligations not including private activity bonds for entities other than organizations described in Section 501©(3) of the Code during calendar year 2020, and the reasonable anticipated amount of tax- exempt obligations not including private activity bonds for entities other than organizations described in Section 501©(3) of the Code which will be issued by the Authority and all “subordinate entities” thereof during calendar year 2020 will not exceed $10,000,000.00. The Authority will not designate more than $10,000,000.00 of qualified tax-exempt obligations pursuant to Section 265(b) during the calendar year 2020.
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The Authority hereby approves Dennis E. Jones & Associates, P.C. as bond counsel to supervise the proceedings and approve the legality of the issuance of the Bonds.
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The Authority shall pay all costs and expenses in connection with the issuance of
the Bonds, including the fees and expenses of bond counsel, counsel for the Authority and the agent or underwriter for the Bonds, whether or not issued.
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The Authority shall perform such other acts and adopt such further proceedings as may be required to implement its undertakings as herein set forth. If necessary, the Chairman of the Authority is authorized to approve the distribution of a Preliminary Official Statement with respect to the Bonds, provided no bonds shall be sold until the sale of the Bonds has been approved by the Authority.
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The Authority hereby recommends that the Board of Supervisors of Russell County, Virginia, approve the issuance of the Bonds.
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The recommendation for approval of the Bonds set forth herein is made solely for compliance with Section 147(f) of the Code and Section 15.2-4906 of the Virginia Code.
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This resolution shall take effect immediately upon its adoption. DATED: September 10, 2020.
MEMBER ERNIE McFADDIN
Chairman RICHARD LOCKRIDGE
Vice-Chairman CARLTON ELLIOTT ROGER SWORD SCOTT GILMER DONNIE CHRISTIAN JOHN STAMPER JARED GLAS TONI DODI
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The undersigned Clerk of the Industrial Development Authority of Russell County, Virginia, certifies that the foregoing is a true, correct and complete copy of a Resolution adopted by the Affirmative vote of a majority of the Industrial Development Authority present at a public meeting duly called and held on September 10, 2020, at which meeting a quorum was present and acting throughout.
Dated: September /O_, 2020.
of Russell County} Virginia
Page 2 of 2
Board of Supervisors Action Item C-1 – C-5 137 Highland Drive Presenter: Administrator
Lebanon, VA 24266
Meeting: 10/5/20 6:00 PM
County Administrator Reports & Requests The County Administrator Reports & Request for October 2020:
REPORTS
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Russell County CARES Fund Financial Summary…………………………………C-1
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RC School’s Learning Center………………………………………………………….C-2
REQUESTS
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Russell County “CARES” Business Grants………………………………………….C-3
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VEDP Commonwealth’s Development Opportunity Fund – Performance
Agreement - Polycap LLC………………………………………………………………C-4
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RC BOS Resolution of Support for VDOT Closing of Rte. 601 for
Landslide Repairs…………………………………………………………………………C-5 -
RC BOS Resolution of Support for VDOT Project – Roanoke Hill Road
Rte. 687 Single Lane Bridge Construction………………………………………….C-6
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RC Planning Commission – Crystal White’s Resignation Letter……………….C-7
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RC BOS Discretionary Community Funds………………………………………….C-8
STAFF RECOMMENDATION(s): Board Discretion.
SUGGESTED MOTION(s): Board Discretion.
Russell County Government Center 137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011
http://www.russellcountyva.us/ http://www.russellcountyva.us/ Board of Supervisors Action Item C-1 - C-5
137 Highland Drive Presenter: Administrator Lebanon, VA 24266
Meeting: 10/5/20 6:00 PM
County Administrator Reports & Requests The County Administrator Reports & Request for October 2020: REPORTS
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Russell County CARES Fund Financial Summary.
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RC School’s Learning Center… REQUESTS
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Russell County “CARES” Business Grants…
4, VEDP Commonwealth’s Development Opportunity Fund — Performance Agreement - Polycap LLC…
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RC BOS Resolution of Support for VDOT Closing of Rte. 601 for Landslide Repairs.
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RC BOS Resolution of Support for VDOT Project — Roanoke Hill Road Rte. 687 Single Lane Bridge Construction…
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RC Planning Commission — Crystal White’s Resignation Letter…
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RC BOS Discretionary Community Funds…
STAFF RECOMMENDATION(s): Board Discretion.
SUGGESTED MOTION(s): Board Discretion
Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us
RUSSELL COUNTY
“CARES” FUND ACCOUNT
MARCH 1, 2020 - DECMEMBER 31, 2020
Compiled: October 1, 2020
RUSSELL COUNTY “CARES” RELIEF FUND TOTAL: $4,639,052
Town’s CARES Fund (Transferred to Towns)
Town of Lebanon $533,027
Town of Honaker $241,694
Town of Cleveland $34,329
Town of Saint Paul $30,154
Town’s CARES Fund Totals $839,204
County Operational Expenses
Medical and Protective Supplies (masks, hand sanitizer stations & refills, and gloves, etc.) $159,247
Payroll for Public Personnel (Public personnel dedicatedto Covid-19 responses - EMS, Sheriffs Office, 911 Staff, County Staff,
Disposal Staff, Janitorial Staff, etc.) $981,307
Voter Registrar’s Office (processing absentee ballots) $0
Health & Human Services $0
COVID-related Expenditures $7,500
Operational Expenses Totals $1,148,054
Public Facility Safety Modifications
Cleaning Supplies & Services (Hiring part-time staff; sanitizing meeting rooms, courts, and government facilities) $44,255
New Medical/Emergency Response Equipment $57,665
Decontamination Equipment $165,000
Safety Modifications to Public Buildings (Touchless Entry Systems, Plexiglass Screening, Air Filters, etc.) $33,655
Public Facility Safety Modifications Totals $300,575
Business Support & Recovery
Small Business Grant Program $120,000
PPE Kits for Businesses $0
Creation of Safe Public Spaces $82,000
Business Support & Recovery Totals $202,000
Tracy Highlight
Tracy Highlight
RUSSELL COUNTY “CARES” FUND ACCOUNT MARCH 1, 2020 - DECMEMBER 31, 2020 Compiled: October 1, 2020
IRUSSELL COUNTY “CARES” RELIEF FUND TOTAL: $4,639,052 Town’s CARES Fund (Transferred to Towns)
[Town of Lebanon $533,027 [Town of Honaker $241,694 HTown of Cleveland $34,329 Town of Saint Paul $30,154 Town’s CARES Fund Totals $839,204 [County Operational Expenses
[Medical and Protective Supplies (masks, hand sanitizer stations & refills, and gloves, etc.) $159,247 Payroll for Public Personnel (Public personnel dedicatedto Covid-19 responses - EMS, Sheriffs Office, 911 Staff, County Staff,
Disposal Staff, Janitorial Staff, etc.) $981,307 Voter Registrar’s Office (processing absentee ballots) $0 Health & Human Services $0 CoviD-related Expenditures $7,500 [Operational Expenses Totals $1,148,054 Public Facility Safety Modifications
[Cleaning Supplies & Services (Hiring part-time staff; sanitizing meeting rooms, courts, and government facilities) $44,255 [Decontamination Equipment $165,000 safety Modifications to Public Buildings (Touchless Entry Systems, Plexiglass Screening, Air Filters, etc.) $33,655 Public Facility Safety Modifications Totals $300,575 Business Support & Recovery
Small Business Grant Program $120,000 PPE Kits for Businesses $0 Creation of Safe Public Spaces $82,000 Business Support & Recovery Totals $202,000
Community Assistance Programs
Nonprofit Support & Community Partnerships (Food Pantries) $110,000
Housing/ Homelessness $0
Volunteer Fire and Rescue Squads (5 Rescue Squads & 8 Fire Squads) $415,000
Community Assistance Programs Totals $525,000
School System Response & Adaptation School Board Managed
Technology & Telework
Telework Equipment (remote meeting equipment, laptops, etc.) $52,896
Upgrade Financial Software (online bill paying) $0
WIFI Upgrade $0
Techology & Telwork Totals $52,896
Other Covid-19 Related Expenses
Local match on COVID expenditures $0
Regional Jail Expenses $0
Legal Expenses $0
Secure a Line of Credit $0
Other Covid-19 Related Expenses Totals $0
Broadband Projects
Extend Hot Spots $16,875
Broadband Projects Totals $16,875
CARES Funds as Grant Match
Plan to use CARES Funds to Leverage other Grant Programs $0
CARES Funds as Grant Match Totals $0
CARES Fund Account
Total CARES Expenditures To-Date (10/1/2020) $3,084,604
CARES Fund Balance: (10/1/2020) $1,554,448
Nonprofit Support & Community Partnerships (Food Pantries) Housing/ Homelessness
Volunteer Fire and Rescue Squads (5 Rescue Squads & 8 Fire Squads) |Community Assistance Programs Totals
Telework Equipment (remote meeting equipment, laptops, etc.) Upgrade Financial Software (online bill paying)
WIFI Upgrade
Techology & Telwork Totals
Local match on COVID expenditures Regional Jail Expenses
Legal Expenses
Secure a Line of Credit
Other Covid-19 Related Expenses Totals
Extend Hot Spots Broadband Projects Totals
Plan to use CARES Funds to Leverage other Grant Programs CARES Funds as Grant Match Totals
Total CARES Expenditures To-Date (10/1/2020)
$110,000 $0 $415,000
$525,000
$52,896 $0 $0
$52,896
$0 $0 $0 $0
$0
$16,875
$16,875
$0 $0
$3,084,604
ICARES Fund Balance: (10/1/2020)
$1,554,448
RUSSELL COUNTY LEARNING CENTER PILOT PROGRAM
FACT SHEET
• Program will begin September 14, 2020 and operate throughout the 2020-2021 school year, if needed
• Provided for Pre-K – 7 students of Russell County Public Schools. Employees of Russell County Public Schools and Russell County First Responders that live outside the county but whose children attend a school within the county are eligible to attend the Learning Center.
• Operational 7:00 a.m.– 6:00 p.m. for students’ remote learning days only • Will not provide after school care for students’ scheduled in-person learning days at their
school • Will follow the same schedule as Russell County Public Schools for holidays and inclement
weather • Staff to include classroom instructors, a manager and a clerk to be on-site each day that
students attend • Management position to be paid $22.00 per hour; clerk and classroom instructor positions to be
paid $18.00 per hour. Employees may work up to a maximum of twenty-nine hours per week. An on-site SRO will be paid $20.00 per hour.
• Free of charge to students and their families • Russell County CARES Act will provide funding for the center through the end of the 2020
calendar year (approximate cost $125,000 - $150,000) • United Way/Southwest Virginia Workforce Development Board to fund program beginning
January 1, 2021 throughout the duration of the school year, if needed
• Due to licensing requirements, the center’s workers will be Russell County Public School
employees • Learning Center program has VACORP approval
RUSSELL COUNTY LEARNING CENTER PILOT PROGRAM. FACT SHEET
Program will begin September 14, 2020 and operate throughout the 2020-2021 school year, if needed
Provided for Pre-K ~7 students of Russell County Public Schools. Employees of Russell County Public Schools and Russell County First Responders that live outside the county but whose children attend a school within the county are eligible to attend the Learning Center. Operational 7:00 a.m.— 6:00 p.m. for students’ remote learning days only
Will not provide after school care for students’ scheduled in-person learning days at their school
Will follow the same schedule as Russell County Public Schools for holidays and inclement weather
Staff to include classroom instructors, a manager and a clerk to be on-site each day that students attend
Management position to be paid $22.00 per hour; clerk and classroom instructor positions to be paid $18.00 per hour. Employees may work up to a maximum of twenty-nine hours per week. ‘An on-site SRO will be paid $20.00 per hour.
Free of charge to students and their families
Russell County CARES Act will provide funding for the center through the end of the 2020 calendar year (approximate cost $125,000 - $150,000)
United Way/Southwest Virginia Workforce Development Board to fund program beginning January 1, 2021 throughout the duration of the school year, if needed
Due to licensing requirements, the center’s workers will be Russell County Public School employees
Learning Center program has VACORP approval
RUSSELL COUNTY LEARNING CENTER PILOT PROGRAM
In partnership with the Russell County Administrator, the Russell County Board of Supervisors, United Way, and the Southwest Virginia Workforce Development Board, Russell County Schools is pleased to announce the “Russell County Learning Center Pilot Program.” This program will begin on Monday, September 14, 2020 and run throughout the 2020-2021 school year, if needed. The Learning Center will be located at the Russell County Government Center located at 139 Highland Drive, Lebanon, Virginia. The hours of operation will be 7:00 a.m. until 6:00 p.m. Monday – Friday. This program is for all students in grades Pre-K – 7 who are enrolled in a Russell County Public School for the 2020-2021 school year. Students may attend the learning center on the days that have been designated as remote learning days by their school. This program will not include after school care on the days that students are scheduled to attend class in person at the school in which they are registered. Twenty-first Century Learning Programs will be in place at all Russell County Schools and after school services will be provided at the school the student attends on the days they attend classes in person. Parents will be responsible for providing transportation to and from the learning center for their children. The temporary program will be funded by Cares Act funds received by the Russell County Board of Supervisors that must be encumbered by December 31, 2020 and by United Way and the Southwest Virginia Workforce Development Board. Therefore, there will be no cost to the students or their families that choose to participate in this program.
The Russell County Learning Center Pilot Program will mirror the 2020-2021 school calendar for Russell County Public Schools. Should Russell County Public Schools be closed for inclement weather, pandemic reasons, etc. the learning center shall also be closed. The learning center will be operational only on the days that Russell County Schools are open.
The Learning Center partnership will focus on providing a safe, supervised environment that is conducive to the students being able to participate in remote learning. This will include a workspace and access to the internet. Participating students will need to bring their chrome book that has been issued by their school with them each day and any assignments that have been given to them by their classroom teachers to be completed on their remote learning days when they attend the learning center. The goal is to have a maximum student/teacher ratio of 12:1 and to provide six feet of space between students. If that is not possible, the mitigation will be to reduce the space between students from five feet to no less than one meter. Teachers and staff do not need to wear a mask when they are six feet or more away from the students. Between three to six feet, students and teachers are encouraged to wear a mask. At less than three feet, masks will be required. Staff hired for the learning center will be required to have met all safety and supervisory standards established by Russell County Schools, including background checks. Clear, consistent and frequent communication will take place between the learning center and the parents.
Employees of the Learning Center will include a supervisor from the Russell County Central Office that will serve as the center’s educational liaison, lead teacher at the center that will help to oversee the center’s daily operation, and a clerk that will be on duty each day to take calls, greet visitors, and assist with the general operation of the center. The rate of pay for the employees of the center shall be $22.00 per hour for the lead teacher/center overseer and $18.00 per hour for those employees serving in instructional and clerical positions. Employees will work a maximum of twenty-nine hours per week and
RUSSELL COUNTY LEARNING CENTER PILOT PROGRAM.
In partnership with the Russell County Administrator, the Russell County Board of Supervisors, United Way, and the Southwest Virginia Workforce Development Board, Russell County Schools is pleased to announce the “Russell County Learning Center Pilot Program.” This program will begin on Monday, September 14, 2020 and run throughout the 2020-2021 school year, if needed. The Learning Center will be located at the Russell County Government Center located at 139 Highland Drive, Lebanon, Virginia. The hours of operation will be 7:00 a.m. until 6:00 p.m. Monday ~ Friday. This program is for all students in grades Pre-K ~ 7 who are enrolled in a Russell County Public School for the 2020-2021 school year. Students may attend the learning center on the days that have been designated as remote learning days by their school. This program will not include after school care on the days that students are scheduled to attend class in person at the school in which they are registered. Twenty-first Century Learning Programs will be in place at all Russell County Schools and after school services will be provided at the school the student attends on the days they attend classes in person. Parents will be responsible for providing transportation to and from the learning center for their children. The temporary program will be funded by Cares Act funds received by the Russell County Board of Supervisors that must be ‘encumbered by December 31, 2020 and by United Way and the Southwest Virginia Workforce Development Board. Therefore, there will be no cost to the students or their families that choose to participate in this program.
The Russell County Learning Center Pilot Program will mirror the 2020-2021 school calendar for Russell County Public Schools. Should Russell County Public Schools be closed for inclement weather, pandemic reasons, etc. the learning center shall also be closed, The learning center will be operational only on the days that Russell County Schools are open.
The Learning Center partnership will focus on providing a safe, supervised environment that is, conducive to the students being able to participate in remote learning. This will include a workspace and ‘access to the internet. Participating students will need to bring their chrome book that has been issued by their school with them each day and any assignments that have been given to them by their classroom teachers to be completed on their remote learning days when they attend the learning center. The goal is to have a maximum student/teacher ratio of 12:1 and to provide six feet of space between students. If that is not possible, the mitigation will be to reduce the space between students from five feet to no less than one meter. Teachers and staff do not need to wear a mask when they are six feet or more away from the students. Between three to six feet, students and teachers are encouraged to wear a mask. At less than three feet, masks will be required. Staff hired for the learning be required to have met all safety and supervisory standards established by Russell County Schools, including background checks. Clear, consistent and frequent communication will take place between the learning center and the parents.
center
Employees of the Learning Center will include a supervisor from the Russell County Central Office that will serve as the center’s educational liaison, lead teacher at the center that will help to oversee the center’s daily operation, and a clerk that will be on duty each day to take calls, greet visitors, and assist with the general operation of the center. The rate of pay for the employees of the center shall be $22.00 per hour for the lead teacher/center overseer and $18.00 per hour for those employees serving in instructional and clerical posi
ns. Employees will work a maximum of twenty-nine hours per week and
will be Russell County Public School employees due to licensing requirements. VACORP has approved the instructional center learning plan. An SRO will be on site most days and shall be paid $20.00 per hour for the time that is spent at the learning center. Visitors shall be greeted at the front of the center by the clerk. Students will be dropped off at the front of the building in the mornings and picked back up in that location in the afternoons.
Keeping the students and the employees of the Learning Center safe will be a top priority. Therefore, social distancing and regulations and guidelines from the Center for Disease Control (CDC) and from the health department will be followed. The center will have a school nurse on-call that a staff member from the learning center can call if an issue arises with a student at the learning center. The center will have access to adequate cleaning and sanitation supplies at all times. Measures will be implemented to ensure that common work areas and equipment, and personal workspaces are regularly cleaned and sanitized. Supplies shall include, but not be limited to, hand sanitizers, soap, paper towels, tissues, gloves, disinfectant wipes, washable facial coverings, etc. Safe school trainings will be completed by all employees of the learning center to acknowledge they understand their responsibilities in practicing all health and safety protocols required by Russell County Public Schools in physical worksites. Social distancing will be required to be maintained as much as possible. Face coverings or masks will be required on-site when social distancing cannot be maintained. Following safety protocols, facility visitors will be limited. Visitors who are suspected to be sick and/or have recently experienced COVID-19 symptoms will not be permitted to enter the learning center. Visitors must wear a mask or face covering, enter the building alone, and follow social distancing guidelines. Any family members or friends accompanying the visitor will be asked to remain outside or in a vehicle. Russell County Public Schools Employee Health Screening Guidance will be followed by the employees of the learning center.
Parents will be required to check their children for the following symptoms before bringing them to the learning center. If a child has any of these symptoms, the parents will notify the learning center, contact the Virginia Department of Health, and keep the child home until further directions from the health official.
- Temperature 100.4 degrees Fahrenheit or higher when taken by mouth
- Sore throat
- NEW uncontrolled cough that causes difficulty breathing (for students with chronic
allergic/asthmatic cough, a change in their cough from baseline)
- Diarrhea, vomiting, or abdominal pain
- New onset of severe headache, especially with a fever
OR if the student has had close contact/potential exposure according to these guidelines:
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Had close contact (within six feet of an infected person for at least fifteen minutes) with a person with confirmed COVID-19
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Had close contact (within six feet of an infected person for at least fifteen minutes) with a person under quarantine for possible exposure of SARS-CoV-2
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Traveled to or lived in an area where the local, tribal, territorial, or state health department is reporting large numbers of COVID-19 cases
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Live in areas of high community transmission while the school remains open
will be Russell County Public School employees due to licensing requirements. VACORP has approved the instructional center learning plan. An SRO will be on site most days and shall be paid $20.00 per hour for the time that is spent at the learning center. Visitors shall be greeted at the front of the center by the clerk. Students will be dropped off at the front of the building in the mornings and picked back up in that location in the afternoons.
Keeping the students and the employees of the Learning Center safe will be a top priority. Therefore, social distancing and regulations and guidelines from the Center for Disease Control (CDC) and from the health department will be followed. The center will have a school nurse on-call that a staff member from the learning center can call if an issue arises with a student at the learning center. The center will have access to adequate cleaning and sanitation supplies at all times. Measures will be implemented to ensure that common work areas and equipment, and personal workspaces are regularly cleaned and sanitized. Supplies shall include, but not be limited to, hand sanitizers, soap, paper towels, tissues, gloves, disinfectant wipes, washable facial coverings, etc. Safe school trainings will be completed by all employees of the learning center to acknowledge they understand their responsibilities in practicing all health and safety protocols required by Russell County Public Schools in physical worksites. Social distancing will be required to be maintained as much as possible. Face coverings or masks will be required on-site when social distancing cannot be maintained. Following safety protocols, facility visitors will be limited. Visitors who are suspected to be sick and/or have recently experienced COVID-19 symptoms will not be permitted to enter the learning center. Visitors must wear a mask or face covering, enter the building alone, and follow social distancing guidelines. Any family members or friends accompanying the visitor will be asked to remain outside or in a vehicle. Russell County Public Schools Employee Health Screening Guidance will be followed by the employees of the learning center.
Parents will be required to check their children for the following symptoms before bringing them to the learning center. If a child has any of these symptoms, the parents will notify the learning center, contact the Virginia Department of Health, and keep the child home until further directions from the health official.
- Temperature 100.4 degrees Fahrenheit or higher when taken by mouth
= Sore throat
- _ NEW uncontrolled cough that causes difficulty breathing (for students with chronic allergic/asthmatic cough, a change in their cough from baseline)
~ Diarrhea, vomiting, or abdominal pain
- New onset of severe headache, especially with a fever
OR if the student has had close contact/potential exposure according to these guidelines:
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Had close contact (within six feet of an infected person for at least fifteen minutes) with a person with confirmed COVID-19
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Had close contact (within six feet of an infected person for at least fifteen minutes) with a person under quarantine for possible exposure of SARS-CoV-2
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Traveled to or lived in an area where the local, tribal, territorial, or state health department is reporting large numbers of COVID-19 cases
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_ Live in areas of high community transmission while the school remains open
All students attending the learning center will be provided with a free bagged breakfast and a boxed lunch on the days they attend the learning center.
All students attending the learning center will be provided with a free bagged breakfast and a boxed lunch on the days they attend the learning center.
IDA Awarded $5,000 each 10 Applications $50,000
Gerald Sharp dba Gerald Sharp PC., 1114 E. Main St. Lebanon, VA 24266
Jordan Smith & Tyler Castle dba Next Fitness Club LLC., 1806 E. Main St., Lebanon, VA 24266
Preston Ball dba Preston Ball Photography, 155 Grandville Meadows Dr., Lebanon, VA 24266
Robert Weatherly dba Lebanon Physical Therapy & Rehab. Services 272 Highland Dr. Lebanon, VA
Robin Fields dba Robin’s Nest, 23271 US Hwy 19, Cedar Bluff, VA 24609
Thomas Luke Stillwell dba Luke Stillwell Optometrist PC., 1050 Regional Park Rd. Lebanon, VA 24266
Thomas Luke Stillwell dba Mountain View Rental Properties LLC., 7831 Mountain Rd. Cedar Bluff, VA
Tim Ball dba Tim Ball Farming, Inc., 245 Oak Circle Dr. Rosedale, VA 24280
Vincent J. Gilmer dba Vincent’s Vineyard 2313 E. Main St. Lebanon, VA 24266
Russell County BOS Awarded $5,000 each 14 Applications $60,000
Bailey Engineering, P.O. Box 155, Rosedale, VA 24280 Barbara’s His & Hers Salon, 10 Memorial Drive, Castlewood, VA 24224 Clatterbuck Pavement Markings, Inc., 3280 Cleveland Rd., Cleveland, VA 24225 Quality Paving Inc., P.O. Box 88, Swords Creek, VA 24649 Dirt Daubers, 2977 High Point Rd., Castlewood, VA 24224 Flower Country, 6 Memorial Drive, Castlewood, VA 24224 J & J Trash Waste Management, Rosedale, VA 24280 Rexanna’s Family Hair Care, 465 Swords Creek Rd., Honaker, VA 24260 Honaker Florist LLC, 429 South Railroad Ave., Honaker, VA 24260 Honaker Wholesale LLC., 435 South Railroad Ave., Honaker, VA 24260 Lonesome Pine Brewing Co., 15 East Main Street, Lebanon, VA 24266 Something Special, 11668 US Highway 19, Lebanon, VA 24266 Swords Creek Cut & Style, 7336 Swords Creek Rd. Swords Creek, VA 24649 Wright Way Cleaning, 62 Woosley St., Lebanon, VA 24266
Gerald Sharp dba Gerald Sharp PC., 1114 E. Main St. Lebanon, VA 24266
Jordan Smith & Tyler Castle dba Next Fitness Club LLC., 1806 E. Main St., Lebanon, VA 24266
Preston Ball dba Preston Ball Photography, 155 Grandville Meadows Dr., Lebanon, VA 24266
Robert Weatherly dba Lebanon Physical Therapy & Rehab. Services 272 Highland Dr. Lebanon, VA
Robin Fields dba Robin’s Nest, 23271 US Hwy 19, Cedar Bluff, VA 24609
Thomas Luke Stillwell dba Luke Stillwell Optometrist PC., 1050 Regional Park Rd. Lebanon, VA 24266
Thomas Luke Stillwell dba Mountain View Rental Properties LLC., 7831 Mountain Rd. Cedar Bluff, VA
Tim Ball da Tim Ball Farming, Inc., 245 Oak Circle Dr. Rosedale, VA 24280
Vincent J. Gilmer dba Vincent’s Vineyard 2313 E. Main St. Lebanon, VA 24266
Bailey Engineering, P.O. Box 155, Rosedale, VA 24280
Barbara’s His & Hers Salon, 10 Memorial Drive, Castlewood, VA 24224
Clatterbuck Pavement Markings, Inc., 3280 Cleveland Rd., Cleveland, VA 24225
Quality Paving Inc., P.O. Box 88, Swords Creek, VA 24649
Dirt Daubers, 2977 High Point Rd., Castlewood, VA 24224
Flower Country, 6 Memorial Drive, Castlewood, VA 24224
J &J Trash Waste Management, Rosedale, VA 24280
Rexanna’s Family Hair Care, 465 Swords Creek Rd., Honaker, VA 24260
Honaker Florist LLC, 429 South Railroad Ave., Honaker, VA 24260
Honaker Wholesale LLC., 435 South Railroad Ave., Honaker, VA 24260
Lonesome Pine Brewing Co., 15 East Main Street, Lebanon, VA 24266
Something Special, 11668 US Highway 19, Lebanon, VA 24266
‘Swords Creek Cut & Style, 7336 Swords Creek Rd. Swords Creek, VA 24649
‘Wright Way Cleaning, 62 Woosley St., Lebanon, VA 24266
Rescue Squads Awarded $35,000 each $175,000
Castlewood Rescue Squad
Cleveland Life Saving Crew
Dante Rescue Squad
Lebanon Lifesaving Crew
New Garden Rescue Squad
Fire Departments Awarded $30,000 each $240,000
Dante Fire Department
Honaker Vol. Fire Dept.
Lebanon Vol. Fire Dept.
Belfast-Rosedale Fire Dept.
Cleveland Vol. Fire Dept.
Copper Creek Moccasin Fire
St. Paul Fire and Rescue
Castlewood Fire Department
Food Ministry Awarded Awarded $22,000 each $110,000
Roger E. Jessee Woody Scott 762-7812, 623-3484 Word of Victory Rod Wicker 701-2511 Elk Garden Brooke Atchley 540-599-4071 Barbara Parker 971-6724 Star Ministry Amanda Thomas 276-451-1172 Splash Ministry Carolyn Puckett 991-6044
Castlewood Rescue Squad Cleveland Life Saving Crew Dante Rescue Squad Lebanon Lifesaving Crew New Garden Rescue Squad
Dante Fire Department
e Dept. Lebanon Vol. Fire Dept. Belfast-Rosedale Fire Dept. Cleveland Vol. Fire Dept. Copper Creek Moccasin Fire St. Paul Fire and Rescue Castlewood Fire Department
Honaker V
Roger E. Jessee Woody Scott ‘762-7812, 623-3484
Word of Victory Rod Wicker 701-2511
Elk Garden Brooke Atchley 540-599-4071 Barbara Parker 971-6724 Star Ministry ‘Amanda Thomas 276-451-1172
Splash Ministry Carolyn Puckett 991-6044
Town of Lebanon $5,000 each 33 Applications $165,000
Amber Franks dba Pat’s Kountry Diner Debbie Smith dba Debbie’s Hair Gabriella Range dba The Local James Range dba CrossFit Beartown Janet McGlothlin dba Top Line Advertising Jefferson Steffey dba J & V’s Corner Diner Jodi Campbell dba The Veritas Nurturing Center Kathern J. Moore dba Perfect Petals Kayla Goff Moran dba RKT Hair Studio Mark Smith dba Shug’s Place Mary Rasnake dba Mary & Company Rebecca Rose dba Wild Rose Hair Becky’s Cut & Style-Becky Gilbert Jimmy’s Detailing-Jimmy Honaker Kegley Service Center, Inc.-Betty Kegley The Artist’s Loft-Edward Young Randi’s Glamour Connection-Randi Sykes Street Drug Corp.-Jared Street Melody Acres Farm-Vincent Gilmer Pizza Town-Marisa Graziano Appalachian Meats-Victoria Gent John Stanley Attorney at Law Clark Print Shop-Devin Clark El Campesino-Fernando Onate Designs by JLeigh-Jamie Bradley Nextdoor Drug, PC-Jackie Hackney & Nicole Lawson Best Life Physical Therapy, Inc., - Kaitlin Dodi-Monk Salon Platinum-Justin Gobble The Lebanon News-Jerry Lark Extol Corp Inc-Larry & Wanda Hughes Woodz-N-Waterz Taxidermy-Joshua Ward Fields Restaurants, LLC-Tim Fields
Tokyo Japanese Restaurant-Wei Kang Hau
‘Amber Franks dba Pat’s Kountry Diner
Debbie Smith dba Debbie’s Hair
Gabriella Range dba The Local
James Range dba CrossFit Beartown
Janet McGlothlin dba Top Line Advertising
Jefferson Steffey dba J & V’s Corner Diner
Jodi Campbell dha The Veritas Nurturing Center
Kathern J. Moore dba Perfect Petals
Kayla Goff Moran dba RKT Hair Studio
Mark Smith dba Shug’s Place
Mary Rasnake dba Mary & Company
Rebecca Rose dba Wild Rose Hair
Becky’s Cut & Style-Becky Gilbert
Jimmy’s Detailing-Jimmy Honaker
Kegley Service Center, Inc.-Betty Kegley
‘The Artist’s Loft-Edward Young
Randi’s Glamour Connection-Randi Sykes
Street Drug Corp.-lared Street
Melody Acres Farm-Vincent Gilmer
Pizza Town-Marisa Grai
10
‘Appalachian Meats-Victoria Gent
John Stanley Attorney at Law
Clark Print Shop-Devin Clark
El Campesino-Fernando Onate
Designs by JLeigh-lamie Bradley
Nextdoor Drug, PC-Jackie Hackney & Nicole Lawson
Best Life Physical Therapy, Inc.,- Kaitlin Dodi-Monk
‘Salon Platinum-Justin Gobble
The Lebanon News-Jerry Lark
Extol Corp Inc-Larry & Wanda Hughes
‘Woodz-N-Waterz Taxidermy-Joshua Ward
Fields Restaurants, LLC-Tim Fields
Tokyo Japanese Restaurant-Wei Kang Hau
Town of Honaker $5,000 each 12 Applications $60,000
Diane Fuller dba Honey Bea’s Café, 392 South Railroad Honaker, VA 24260 Mariano Romano, K & M Romano Inc. dba Momma Mia, 412 Putnam Rd., Honaker, VA 24260 Modern Chevrolet Sales, 5600 Redbud Hwy, Honaker, VA 24260 T’s Country Store and Feed, 5888 Redbud Hwy., Honaker, VA 24260 DR Price The Farmers Table Tiger Stop McFaddin & Associates Honaker Tobacco Outlet Honaker Animal Health Barnhart Chiropractic Whitt Insurance Agency
Diane Fuller dba Honey Bea’s Café, 392 South Railroad Honaker, VA 24260
Mariano Romano, K & M Romano Inc. dba Momma Mia, 412 Putnam Rd., Honaker, VA 24260
Modern Chevrolet Sales, 5600 Redbud Hwy, Honaker, VA 24260
T’s Country Store and Feed, 5888 Redbud Hwy., Honaker, VA 24260
DR Price
The Farmers Table
Tiger Stop
McFaddin & Associates
Honaker Tobacco Outlet
Honaker Animal Health
Barnhart Chiropractic
Whitt Insurance Agency
Russell County BOS Pending Grants_ $5,000 25 Applications $125,000 Authentic Appalachian Landworks, 776 Red Oak Ridge Rd., Castlewood, VA 24224 Barton’s Service Center, 8335 Redbud Hwy., Honaker, VA 24260 Bill’s Carport’s and Buildings, 4382 Swords Creek Rd, Swords Creek, VA 24649 Bostic Tucker & Co., PC, Main St., Lebanon, VA 24266 Campbell Storage & Rental, 7809 Green Valley Rd., Lebanon, VA 24266 David Shelton Trucking Co., Inc., 1965 Pine Creek Rd. Swords Creek, VA 24649 David Mullins Wealth Management, 603 Fairview Lane, Lebanon, VA 24266 Elk Garden Aluminum, 8043 Mountain R., Cedar Bluff, VA 24609 Extol Corp. dba Glamour Tan, 20 Russell St., Lebanon, VA 24266 Highlands Ambulance Service, P.O. Box 1017, Lebanon, VA 24266 Honaker Tire Service, P.O. Box 1508, Honaker, VA 24260 Jared Shelton Trucking, LLC 37 Alpha St., Swords Creek, VA 24649 Jeff Shelton Trucking, 90 Alpha St., Swords Creek, VA 24649 JordyKy Trucking, Inc., P.O. Box 203, Cedar Bluff, VA 24609 Lebanon Discount Tire 2106 East Main St. Lebanon, VA 24266 Maggie Chafin Salon, 1796 East Main St. Lebanon, VA 24266 Photography by Kalyn, 571 McFarlane Lane, Rosedale, VA 24280 Robin’s Nest, PO Box 9, Rosedale, VA 24280 Romanos II Restaurant, Inc., 2 Memorial Drive, Castlewood, VA 24224 Shortt Accounting Service, Inc., P. O. Box 1575, Main St. Lebanon, VA 24266 Starnes Refrigeration & A/C, Inc., 4082 US Hwy 19, Lebanon, VA 24266 Stinson Heating & Cooling, Inc, 11 West Main St. Lebanon, VA 24266 SWVA Mechanical LLC, 623 Oak Circle Dr., Rosedale, VA 24280 Wayne Musick Auto Repair, 1930 West main St. Lebanon, VA 24266 Wallace Furniture and Hardware, Inc., 5711 Redbud Hwy., Honaker, VA 24260
‘Authentic Appalachian Landworks, 776 Red Oak Ridge Rd., Castlewood, VA 24224 Barton’s Service Center, 8335 Redbud Hwy., Honaker, VA 24260
Bill’s Carport’s and Buildings, 4382 Swords Creek Rd, Swords Creek, VA 24649 Bostic Tucker & Co., PC, Main St., Lebanon, VA 24266
Campbell Storage & Rental, 7809 Green Valley Rd., Lebanon, VA 24266
David Shelton Trucking Co., Inc., 1965 Pine Creek Rd. Swords Creek, VA 24649 David Mullins Wealth Management, 603 Fairview Lane, Lebanon, VA 24266 Elk Garden Aluminum, 8043 Mountain R., Cedar Bluff, VA 24609
Extol Corp. dba Glamour Tan, 20 Russell St., Lebanon, VA 24266
Highlands Ambulance Service, P.O. Box 1017, Lebanon, VA 24266
Honaker Tire Service, P.O. Box 1508, Honaker, VA 24260
\Jared Shelton Trucking, LLC 37 Alpha St., Swords Creek, VA 24649
\Jeff Shelton Trucking, 90 Alpha St., Swords Creek, VA 24649
\JordyKy Trucking, Inc., P.O. Box 203, Cedar Bluff, VA 24609
Lebanon Discount Tire 2106 East Main St. Lebanon, VA 24266
Maggie Chafin Salon, 1796 East Main St. Lebanon, VA 24266
Photography by Kalyn, 571 McFarlane Lane, Rosedale, VA 24280
Robin’s Nest, PO Box 9, Rosedale, VA 24280
Romanos Il Restaurant, Inc., 2 Memorial Drive, Castlewood, VA 24224
[Shortt Accounting Service, Inc., P. 0. Box 1575, Main St. Lebanon, VA 24266 [Starnes Refrigeration & A/C, Inc., 4082 US Hwy 19, Lebanon, VA 24266 ‘Stinson Heating & Cooling, Inc, 11 West Main St. Lebanon, VA 24266
|SWVA Mechanical LLC, 623 Oak Circle Dr., Rosedale, VA 24280
Wayne Musick Auto Repair, 1930 West main St. Lebanon, VA 24266
[Wallace Furniture and Hardware, Inc., 5711 Redbud Hwy., Honaker, VA 24260
Farms 13 Applications $65,000 Banner’s Farm Inc., P.O. Box 100, Castlewood, VA 24224 Bar-C Farms, 7809 Green Valley Rd., Lebanon, VA 24266 Circle K Farms, LLC, P.O. Box 2921, Lebanon, VA 24266 Derek Hicks, P. O. 4021, Castlewood, VA 24225 DJB Cattle, 47 Trigg Dr., Lebanon, VA 24266 Dry Branch Cattle Company, Inc., P.O. Box 92, Rosedale, VA 24280 Green Valley Genetics, 7325 Green Valley Rd., Lebanon, VA 24266 Kiser’s Farm, 3350 Jessee’s Mill Rd., Cleveland, VA 24225 Powers Farm, 361 Sink Hole Lane, Cleveland, VA 24224 Richard Bostic, P.O. Box 1568, Honaker, VA 24260 RR Farm, 2691 Seven Springs Hollow Road, Castlewood, VA 24224 Sykes Livestock, LLC, P.O. Box 1985, Lebanon, VA 24266 Tony Browning, 3995 Memorial Dr., Castlewood, VA 24224
Banner’s Farm Inc., P.O. Box 100, Castlewood, VA 24224
Bar-C Farms, 7809 Green Valley Rd., Lebanon, VA 24266
Circle K Farms, LLC, P.O. Box 2921, Lebanon, VA 24266
Derek Hicks, P. 0. 4021, Castlewood, VA 24225
DuB Cattle, 47 Trigg Dr., Lebanon, VA 24266
Dry Branch Cattle Company, Inc., P.O. Box 92, Rosedale, VA 24280
Green Valley Genetics, 7325 Green Valley Rd., Lebanon, VA 24266
Kiser’s Farm, 3350 Jessee’s Mill Rd., Cleveland, VA 24225
Powers Farm, 361 Sink Hole Lane, Cleveland, VA 24224
Richard Bostic, P.O. Box 1568, Honaker, VA 24260
RR Farm, 2691 Seven Springs Hollow Road, Castlewood, VA 24224
‘Sykes Livestock, LLC, P.O. Box 1985, Lebanon, VA 24266
‘Tony Browning, 3995 Memorial Dr., Castlewood, VA 24224
COMMONWEALTH’S DEVELOPMENT OPPORTUNITY FUND. PERFORMANCE AGREEMENT
This PERFORMANCE AGREEMENT (this “Agreement”) made and entered this __ day of » 2020, by and among the COUNTY OF RUSSELL, VIRGINIA (the “Locality”), a political subdivision of the Commonwealth of Virginia (the “Commonwealth”), POLYCAP LLC (the “Company”), a Delaware limited liability company authorized to transact business in the Commonwealth, the INDUSTRIAL DEVELOPMENT AUTHORITY OF RUSSELL COUNTY, VIRGINIA (the “Authority”), a political subdivision of the Commonwealth, and the VIRGINIA ECONOMIC DEVELOPMENT PARTNERSHIP AUTHORITY (“VEDP”), a political subdivision of the Commonwealth.
WITNESSETH:
WHEREAS, the Locality has been awarded a grant of and expects to receive $130,000 from the Commonwealth’s Development Opportunity Fund (a “COF Grant”) through VEDP for the purpose of inducing the Company to purchase, equip, improve and operate a manufacturing facility in the Locality (the “Facility”), thereby making a significant Capital Investment, and creating and Maintaining a significant number of New Jobs, as such capitalized terms are hereinafter defined;
WHEREAS, the Locality is willing to provide the funds to the Authority with the expectation that the Authority will provide the funds to or for the use of the Company, provided that the Company promises to meet certain criteria relating to Capital Investment and New Jobs;
WHEREAS, the Locality, the Authority, the Company, and VEDP desire to set forth their understanding and agreement as to the payout of the COF Grant, the use of the COF Grant proceeds, the obligations of the Company regarding Capital Investment and New Jobs, and the repayment by the Company of all or part of the COF Grant under certain circumstances;
WHEREAS, the purchase, equipping, improvement and operation of the Facility will entail a capital expenditure by or on behalf of the Company of approximately $11,800,000, of which approximately $7,700,000 will be invested in machinery and tools, and approximately $4,100,000 will be invested in the purchase and up-fit of an existing building;
WHEREAS, the purchase, equipping, improvement and operation of the Facility will further entail the creation and Maintenance of 48 New Jobs at the Facility; and
WHEREAS, the stimulation of the additional tax revenue and economic activity to be generated by the Capital Investment and New Jobs constitutes a valid public purpose for the expenditure of public funds and is the animating purpose for the COF Grant:
NOW, THEREFORE, in consideration of the foregoing, the mutual benefits, promises and undertakings of the parties to this Agreement, and other good and valuable consideration, the
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receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree as follows.
Section 1. Defi
For the purposes of this Agreement, the following terms shall have the following definitions:
“Capital Investment” means a capital expenditure by or on behalf of the Company in taxable real property, taxable tangible personal property, or both, at the Facility. A capital expenditure related to a leasehold interest in real property will be considered to be made “on behalf of the Company” if a lease between a developer and the Company is a capital lease, or is aan operating lease having a term of at least ten years, The purchase or lease of machinery and tools or furniture, fixtures, and business personal property, including under an operating lease, and expected building up-fit and tenant improvements by or on behalf of the Company will qualify as Capital Investment. The Capital Investment must be in addition to the capital improvements at the Facility as of January 1, 2019.
“Maintain” means that the New Jobs will continue without interruption from the date of creation through the Performance Date, Positions for the New Jobs will be treated as Maintained during petiods in which such positions are not filled due to (i) temporary reductions in the Company’s employment levels (so long as there is active recruitment for open positions), (ii) strikes, and (iii) other temporary work stoppages.
“New Job” means new permanent full-time employment of an indefinite duration at the Facility for which the standard fringe benefits are provided by the Company for the employee, and for which the Company pays an average annual wage of at least $30,670. Average annual wage means the average annual salary of full-time positions at the Facility determined by dividing total payroll (of a type included in W-2 compensation) provided to full-time positions at the Facility by the number of full-time positions at the Facility. Each New Job must require a minimum of either (i) 35 hours of an employee’s time per week for the entire normal year of the Company’s operations, which “normal year” must consist of at least 48 weeks, or (ii) 1,680 hours per year. Seasonal or temporary positions, positions created when a job function is shifted from an existing location in the Commonwealth, and positions with construction contractors, vendors, suppliers and similar multiplier or spin-off jobs shall not qualify as New Jobs.
“Performance Date” means September 30, 2022. If the Locality, in consultation with the Authority and VEDP, deems that good faith and reasonable efforts have been made and are being made by the Company to achieve the Targets, the Locality may, at any time prior to the Performance Date, request an extension of the Performance Date by up to 15 months. Any extension of the Performance Date shall require the prior approval of the Board of Directors of VEDP (the “Board”. If the Performance Date is extended, the Locality shall send written notice of the extension to the Authority, the Company and VEDP and the date to which the Performance Date has been extended shalll be the “Performance Date” for the purposes of this Agreement.
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“Real Estate Investment” means the portion of the Capital Investment that is invested by or on behalf of the Company in improvements to taxable real property at the Facility.
“Targets” means the Company’s obligations to make Capital Investments a of at least $11,800,000 and to create and Maintain at least 48 New Jobs at the Fa the Performance Date.
the Facility ity, all as of
“Virginia Code” means the Code of Virginia of 1950, as amended.
Section 2, Targets; Statutory Criteri:
(a) Targets: Within six months after the date of this Agreement, the Company will enter into a lease agreement with the Authority, pursuant to which (i) the Authority, as landlord, will lease the Facility to the Company, as tenant, for a term of ten years, such arrangement to be structured as a capital lease for accounting purposes, and (ii) the Authority will undertake the equipping and improvement of the Facility on the Company’s behalf. It is expected that the Authority will convey to the Company fee simple title to the Facility at the expiration of the ten- year capital lease term in accordance with the terms of the lease. Furthermore, the Company will cause the equipping and improvement of the Facility, operate the Facility in the Locality, make a Capital Investment of at least $11,800,000, and create and Maintain at least 48 New Jobs at the Facility, all as of the Performance Date.
(b) Encouragement to Offer New Jobs to Residents of the Commonwealth: The Locality, the Authority, and VEDP hereby strongly encourage the Company to ensure that at least 30% of the New Jobs are offered to “Residents” of the Commonwealth, as defined in Virginia Code Section 58.1-302. In pertinent part, that definition includes natural persons domiciled in Virginia or natural persons who, for an aggregate of more than 183 days of the year, maintained a place of abode within the Commonwealth, whether domiciled in the Commonwealth or not.
(©) Prevailing Wage; Unemployment and Poverty Rates: The average annual wage of the New Jobs of at least $30,670 is less than the prevailing average annual wage in the Locality of $40,063 and is less than 85% of that prevailing average annual wage ($34,054), The Locality is a high-unemployment locality, with an unemployment rate for 2018, which is the last year for which such data is available, of 4.3% as compared to the 2018 statewide unemployment rate of 3.0%. The Locality is a high-poverty locality, with a poverty rate for 2017, which is the last year for which such data is available, of 20.2% as compared to the 2017 statewide poverty rate of 10.7%. The Commonwealth’s Sectetary of Commerce and Trade has made a written finding that the economic circumstances in the Locality are sufficiently distressed (ie., high unemployment or underemployment and negative economic forecasts) that assistance to the Locality to attract the Company to the Locality is justified, even though the average annual wage of the New Jobs will be lower than 85% of the prevailing average wage in the Locality. That written finding has been provided to the chaits of the Senate Committee on Finance and the House Committee on Appropriations,
(@) Disclosure of Political Contributions: ‘The Company acknowledges that the name of the Company will be shared by VEDP with the Governor of Virginia, and any campaign
Polycap LLC-COF PA-090320
committee or political action committee associated with the Governor. The Company acknowledges that within 18 months of the date of this Agreement, the Governor, his campaign committee, and his political action committee will submit to the Virginia Conflict of Interest and Ethics Advisory Council a report listing any contribution, gift, or other item with a value greater than $100 provided by the Company to the Governor, his campaign committee, or his political action committee, respectively, during the period from the date of the Company’s application for the COF Grant through the one-year period immediately after the date of this Agreement.
Section 3. Disbursement of COF Grant.
(a) __ Disbursement of the COF Grant: The disbursement of the COF Grant proceeds for the benefit of the Company will serve as an inducement to the Company to achieve the Targets. The COF Grant proceeds shall be retained by VEDP and shall be disbursed as follows:
‘The Company will provide notice and evidence reasonably satisfactory to the Locality, the Authority, and VEDP that it has (i) made or caused to be made a Real Estate Investment of at least $3,000,000, and (ji) created and Maintained at least 17 New Jobs. Such evidence will be subject to verification by the Locality and VEDP. Within 30 days of the verification, VEDP will disburse the $130,000 COF Grant proceeds to the Locality. Within 30 days of its receipt of such COF Grant proceeds, the Locality will disburse such COF Grant proceeds to the Authority.
Alternatively, if by the Performance Date, the Company has made or caused to be made Capital Investments of at least $1,500,000 and created and Maintained at least 15 New Jobs (which are the statutory minimum requirements for a COF Grant in the Locality), but has not achieved a Real Estate Investment of at least $3,000,000 and created and Maintained at least 17 New Jobs, as required under the preceding paragraph for disbursement of all $130,000 of the COF Grant proceeds, the Company will qualify to receive the benefit of a reduced disbursement of the COF Grant to the Locality. In calculating the reduced disbursement, the COF Grant is to be allocated as 50% ($65,000) for the Company’s Capital Investment Target, and 50% ($65,000) for the Company’s New Jobs Target. If the Company met the statutory minimum requirements set forth above, but has not fully achieved the Targets, the Company will not receive the benefit of that part of the COF Grant that is proportional to the Target or ‘Targets for which there is a shortfall. For example, if as of the Performance Date, only $2,360,000 of the Capital Investment has been retained (reflecting achievement of 20% of the Capital Investment Target), and only 16 New Jobs have been created and Maintained (reflecting achievement of 33% of the New Jobs Target), the Company will receive the benefit of $13,000 (reflecting 20% of the $65,000 allocated to the Capital Investment Target), plus $21,667 (reflecting 33% of the $65,000 allocated to the New Jobs Target), for a total amount of $34,667. These amounts reflect the percentages of the shortfall from the expected amount of Capital Investment and expected number of New Jobs, each multiplied by the portion of the COF Grant proceeds allocated to that Target. Within 30 days after verification, VEDP will disburse the reduced amount of the COF Grant to the
Polycap LLC-COF PA-090320
Locality. Within 30 days after its receipt of such COF Grant proceeds, the Locality will disburse such amount to the Authority.
If any COF Grant proceeds have not been disbursed to the Locality within 90 days after the Performance Date, VEDP shall redeposit such proceeds to the Commonwealth’s Development Opportunity Fund.
(b) Use of the COF Grant Proceeds: The COF Grant proceeds will be used to pay or reimburse the cost of construction or build-out of publicly or privately owned buildings for the Facility, as permitted by Section 2.2-115(D) of the Virginia Code
Section 4. Break-Even Point; State and Local Incentives.
(a) State-Level Incentives: VEDP has estimated that the Commonwealth will reach its “break-even point” by the Performance Date. The break-even point compares new revenues realized as a result of the Capital Investment and New Jobs at the Facility with the Commonwealth’s expenditures on discretionary incentives, including but not limited to the COF Grant. With regard to the Facility, the Commonwealth expects to provide discretionary incentives in the following amounts:
Category of Incentive: Total Amount COF Grant $130,000 Virginia Jobs Investment Program (““VJIP") (Estimated) 33,600
The proceeds of the COF Grant shall be used for the purposes described in Section 3(b). ‘The VJIP grant proceeds shall be used by the Company to pay or reimburse itself for recruitment and training costs.
(b) —_Local-Level Incentives: ‘The Locality and the Town of Lebanon, Virginia (the “Town”) expect to provide the following incentives, as matching grants or otherwise, for the Facility by the Performance Date:
Category of Incentive: Total Amount Machinery and tools tax rebates from the Locality $241,742 Machinery and tools tax rebates from the Town. 92,978
If, by the Performance Date, the funds disbursed or committed to be disbursed by the Locality and the Town to the Company total less than the $130,000 COF Grant local match requirement, the Locality and the Town, subject to appropriation, will each make an additional grant for the benefit of the Company for an aggregate amount equal to the difference promptly after the Performance Date, so long as the Company has met its Targets. For this purpose, the Locality will provide an additional grant equal to 72% of the difference and the Town will provide an additional grant equal to 28% of the difference.
Polycap LLC-COF PA-090320
The proceeds of the Locality’s machinery and tools tax rebates may be used by the Company for any lawful purpose. The proceeds of the Town’s machinery and tools tax rebates may be used by the Company for any lawful purpose.
The Town is signing this Agreement solely to acknowledge its obligation, as summarized above, to provide its Local-Level Incentives.
(©) Other Incentives: This Agreement relates solely to the COF Grant. The qualification for, and payment of all State-Level Incentives and Local-Level Incentives, except for the COF Grant, will be governed by separate arrangements between the Company and the entities offering the other incentives.
Section 5. Company Reporting.
(a) Progress Reporting: ‘The Company shall provide, at the Company’s expense, in the form attached hereto as Exhibit A, detailed verification reasonably satisfactory to the Locality, the Authority, and VEDP of the Company’s progress on the Targets. Such progress reports will be provided annually, starting at December 31, 2020, and covering the period through the prior September 30, Further, the Company shall provide such progress reports at such other times as the Locality, the Authority, or VEDP may reasonably require.
With each such progress report, the Company shall report to VEDP the amount paid by the Company in the prior calendar year in Virginia corporate income tax ot, as applicable, shall provide to VEDP a copy of its Virginia income tax form filed with respect to its status as a pass- through entity. VEDP hereby represents to the Company that it considers such information to be confidential proprietary information that is exempt from public disclosure under the Virginia Freedom of Information Act and that such information will be used by VEDP solely in calculating aggregate return on invested capital analyses for purposes of gauging the overall effectiveness of. economic development incentives.
(b) Final Report: The Company shall provide, at the Company’s expense, in the form attached hereto as Exhibit B, detailed verification reasonably satisfactory to the Locality, the Authority, and VEDP of the Company’s achievement of the Targets. ‘The final report shall be filed within 90 days after the Performance Date.
Section 6. Verification of Targets.
(a) Verification of Capital Investment: The Company hereby authorizes the Town and the Locality, including the Locality’s Commissioner of the Revenue and Treasurer, to release to VEDP the Company’s real estate tax, business personal property tax and machinery and tools tax information, Such information shall be marked and considered confidential and proprietary and shall be used by VEDP solely for verifying satisfaction of the Capital Investment Target. If the Town, the Locality, the Office of the Commissioner of the Revenue or the Office of the Treasurer should require additional documentation or consents from the Company to access such information, the Company shall promptly provide, at the Company’s expense, such additional documentation or consents as the Town, the Locality, the Authority, or VEDP may request. In
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accordance with Virginia Code Section 58.1-3122.3, VEDP is entitled to receive the Company’s real estate tax, business personal property tax and machinery and tools tax information from the Locality’s Commissioner of the Revenue.
In addition to the verification data described above, in the sole discretion of the Locality, the Authority, or VEDP, the Locality, the Authority, or VEDP, may each require such other documentation, including invoices, or audits as may be required to properly verify the Capital Investment.
(b) _ Verification of New Jobs and Wages: The Company must submit copies of its four most recent Employer’s Quarterly Tax Reports (Form FC-20) with the Virginia Employment Commission with the final report. ‘The forms shall be marked and considered confidential and proprietary and shall be used by VEDP solely for verifying satisfaction of the New Jobs Target. In accordance with Virginia Code Section 60.2-114, VEDP is entitled to receive the Company’s employment level and wage information from the Virginia Employment Commission.
The Company agrees that it will report to the Virginia Employment Commission with respect to its employees at a facility-level, rather than at the company-level
In addition to the verification data described above, in the sole discretion of the Locality, the Authority, or VEDP, the Locality, the Authority or VEDP, may each require such other documentation or audits as may be required to properly verify the New Jobs
Section 7. Repayment Obligation.
(@)__If Statutory Minimum Eligibility Requirements are Not Met: Section 2.2-115 of the Virginia Code requires that the Company make a Capital Investment of at least $1,500,000 and create and Maintain at least 15 New Jobs in order to be eligible for the COF Grant, Failure by the Company to meet either of these statutory minimum eligibility requirements as of the Performance Date shall constitute a breach of this Agreement and the Company must repay to the Authority all of the COF Grant proceeds previously disbursed for the benefit of the Company, In such event, the Locality will repay to VEDP all of the COF Grant proceeds not previously disbursed on behalf of the Company.
(b) Allocation of COF Proceeds: For purposes of repayment under subsection ©, and as noted in Section 3(a), the COF Grant is to be allocated as 50% ($65,000) for the Company’s Capital Investment Target, and 50% ($65,000) for the Company’s New Jobs Target.
(©) _ If Statutory Minimum Eligibility Requirements are Met: ‘The provisions of this subsection © shall become applicable only if the Company has met the statutory minimum eligibility requirements set forth in subsection (a), and has received the benefit of all $130,000 of the COF proceeds prior to the Performance Date, in accordance with Section 3(a).
If the Company has met at least 90% of both of the Targets as of the Performance Date, then and thereafter the Company is no longer obligated to repay any portion the COF Grant.
Polycap LLC-COF PA-090320
If the Company has not met at least 90% of either or both of its Targets as of the Performance Date, the Company shall repay to the Authority that part of the COF Grant previously disbursed for the benefit of the Company that is proportional to the Target or Targets for which there is a shortfall. For example, if as of the Performance Date, all $130,000 of the COF Grant proceeds have been disbursed for the benefit of the Company, but only $10,030,000 of the Capital Investment has been retained (reflecting achievement of 85% of the Capital Investment Target), and only 36 New Jobs have been created and Maintained (reflecting achievement of 75% of the New Jobs Target), the Company shall repay to the Authority $9,750, reflecting 15% of the COF Grant proceeds that it received allocated to the Capital Investment Target, plus $16,250, reflecting 25% of the COF Grant proceeds that it received allocated to the New Jobs Target, for a total of $26,000. ‘These amounts represent the percentages of the shortfall from the expected amount of Capital Investment and expected number of New Jobs, each multiplied by the portion of the COF Grant proceeds that the Company received allocated to that Target.
(@ Determination of Inability to Comply: If the Locality or VEDP shall determine at any time prior to the Performance Date (a “Determination Date”) that the Company is unable or unwilling to meet and Maintain its Targets by and through the Performance Date, and if the Locality, the Authority or VEDP shall have promptly notified the Company of such determination, the Company must repay to the Authority all of the COF Grant proceeds previously disbursed for the benefit of the Company. In such event, the Locality will repay to VEDP all of the COF Grant proceeds not previously disbursed for the benefit of the Company. Such a determination will be based on such circumstances as a filing by or on behalf of the Company under Chapter 7 of the U.S. Bankruptcy Code, the liquidation of the Company, an abandonment of the Facility by the Company or other similar significant event that demonstrates that the Company will be unable or is unwilling to satisfy the Targets for the COF Grant.
(©) Repayment: The Company shall be liable for any repayment of all or a portion of the COF Grant, as described in this Section 7. Such repayment shall be due from the Company fo the Authority within ninety days after the Performance Date or the Determination Date, as applicable. Any moneys repaid by the Company to the Authority hereunder shall be tepaid by the Authority to the Locality and shall be repaid by the Locality promptly to VEDP for redeposit into the Commonwealth’s Development Opportunity Fund. The Locality and the Authority shall use their best efforts to recover such funds, including legal action for breach of this Agreement, Neither the Locality nor the Authority shall have any responsibility for the repayment of any sums payable by the Company hereunder unless said sums have been received by the Authority from the Company.
(f) Failure to Repay: If any repayment due pursuant to this Section 7 is not made by the Company when due, the Board may determine that further collection action is required, and the Board may refer the matter to the Office of the Attorney General (the “OAG") for collection pursuant to Section 2.2-518 of the Virginia Code. In such event, by their signatures below, the Locality and the Authority will be deemed to have assigned to the Commonwealth all of their rights, title and interest in and to this Section 7. In any matter referred to the OAG for collection, the Company shall be liable to pay interest, administrative charges, attorneys’ fees and other applicable fees. Interest on any outstanding repayment referred to the OAG shall accrue at the
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rate set forth in Section 6.2-301 A. of the Virginia Code (currently 6.0% per year) for the period from the Performance Date or the Determination Date, as applicable, until paid.
Section 8. Ne
Formal notices and communications between the parties shall be given either by (i) personal service, (ii) delivery by a reputable document delivery service that provides a receipt showing date and time of delivery, (iii) mailing utilizing a certified or first class mail postage prepaid service of the United States Postal Service that provides a receipt showing date and time of delivery, or (iv) delivery by electronic mail (email) with transmittal confirmation and confirmation of delivery, addressed as noted below. Notices and communications personally delivered or delivered by document delivery service shall be deemed effective upon receipt. Notices and communications mailed shall be deemed effective on the second business day following deposit in the United States mail. Notices and communications delivered by email shall be deemed effective the next business day, not less than 24 hours, following the date of transmittal and confirmation of delivery to the intended recipient. Such written notices and communications shall be addressed to:
if to the Company, to: with a copy to:
Polycap LLC [Polycap LLC]
Email: Attention: if to the Locality, to: with a copy to: County of Russell, Virginia County of Russell, Virginia 137 Highland Drive 137 Highland Drive Lebanon, Virginia 24266 Lebanon, Virs 24266 Email; [email protected] Emil: Attention: County Administrator Attention: County Attomey if to the Authority, to: with a copy to:
Industrial Development Authority of Russell County, Virginia
P.O. Box 2378
Lebanon, Virginia 24266
Email: [email protected] Attention: Chair Attentior
Polycap LLC-COF PA-090320
if to VEDP, to:
with a copy to:
Virginia Economic Development Partnership Virginia Economic Development Partnership
One James Center, Suite 900 One James Center,
901 East Cary Street 901 Bast Cary Street Richmond, Virginia 23219 Richmond, Virginia 23219 Email: moret@ vedp.org Email: [email protected] Attention: President and CEO Attention: General Counsel Section 9. Miscellaneous,
(a) Entire Agreement; Amendments: This Agreement constitutes the entire agreement among the parties hereto as to the COF Grant and may not be amended or modified, except in writing, signed by each of the parties hereto, This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. The Company may not assign its rights and obligations under this Agreement without the prior written consent of the Locality, the Authority and VEDP.
(b) Governing Law; Venue: This Agreement is made, and is intended to be performed, in the Commonwealth and shall be construed and enforced in accordance with the laws of the Commonwealth. Jurisdiction and venue for any litigation arising out of ot involving this Agreement shall lie in the Circuit Court of the City of Richmond, and such litigation shall be brought only in such court.
(©) _ Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be an original, and all of which together shall be one and the same instrument.
(@) Severability: If any provision of this Agreement is determined to be unenforceable, invalid or illegal, then the enforceability, validity and legality of the remaining provisions will not in any way be affected or impaired, and such provision will be deemed to be restated (0 reflect the original intentions of the parties as nearly as possible in accordance with applicable law.
(©) Attorneys Fees: Except as provided in Section 7(), attorneys’ fees shall be paid by the party incurring such fees.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
10 Polycap LLC-COF PA-090320
IN WITNESS WHEREOF, the parties hereto have executed this Performance Agreement as of the date first written above.
COUNTY OF RUSSELL, VIRGINIA
By Name Tit
Date:
INDUSTRIAL DEVELOPMENT AUTHORITY OF RUSSELL COUNTY, VIRGINIA
By Name: Tite:
Date:
POLYCAP LLC
By Name: Title:
Date:
VIRGINIA ECONOMIC DEVELOPMENT PARTNERSHIP AUTHORITY
By Name: Title:
Date:
Polycap LLC-COF PA-090320
The Town of Lebanon, Virginia signs this Performance Agreement solely for the purpose of acknowledging its obligation, as summarized in Section 4(b), to provide certain incentives to or for the benefit of the Company:
TOWN OF LEBANON, VIRGINIA.
By Name: Title: Date: Exhibit A: Annual Progress Report Form Exhibit B: Final Report Form 12
Polyeap LLC-COF PA-090320
ANNUAL PROGRESS REPORT COMMONWEALTH’S DEVELOPMENT OPPORTUNITY FUND
PROJECT SUMMARY:
Exhibit A
Project
Location,
Amount of Grant
Performance Reporting Period
Performance Date
PROJECT PERFORMANCE:
Year?
Performance Measurement Target As of % Complete New Jobs (over __ baseline)! Confidence level target will be High Moderate Low reached by Performance Date shown. o a a above (check one) _ Capital Investment (provide | breakdown below)” Confidence level target will be High Moderate ‘Low “| reached by Performance Date shown. a in) o above (check one) ‘Average Annual Wage Confidence level target will be High Moderate Low d by Performance Date shown a a o above (check one) Standard Fringe Benefits Yes No (check one) a o Virginia Corporate Income Tax Paid in Prior Calendar
’ Data will be verified using Virginia Employment Commission records. 2Data will be verified with locality records.
*This confidential information is protected from disclosure pursuant to § 2.2-3705.6 of FOIA.
Polycap LLC-COF PA-090320
13
Capital Investment Breakdown Amount
Land Land Improvements
New Construction or Expansion Renovation or Building Up-fit
Production Machinery and Tools
Furniture, Fixtures and Equipment
Other
Total
lelelalelolalale|
COMMENTS: Discuss project status, including the current level of new jobs and capital investment, progress on targets, changes or likely changes in project’s nature that may impact achievement of targets,
and other information relevant to project performance. If the project is not on track to meet targets, please provide an explanation.
TO BE CERTIFIED BY AN OFFICER OF THE COMPANY:
I certify that I have examined this report and to the best of my knowledge and belief, it is true, correct, and complete.
Company:
Submitted By:
Signature of Official
Name:
Print Name
Title:
Date: Please return to:
Kim Ellett, Incentives Compliance Manager, Virginia Economic Development Partnership, 804.545.5618, [email protected]
14 Polycap LLC-COF PA-090320
PROJECT SUMMARY:
FINAL REPORT COMMONWEALTH’S DEVELOPMENT OPPORTUNITY FUND
Exhibit B
Project
Location
Amount of Grant
Performance Date
PROJECT PERFORMANCE:!
Performance Measurement.
Target
As of
% Complete
New Jobs (over ___ baseline)?
Capital Investment (provide breakdown below)?
Average Annual Wage
Standard Fringe Benefits
Virginia Corporate Income ‘Tax Paid in Prior Calendar
Year‘
Capital Investment Breakdown
Amount
| Land
Land Improvements
‘New Construction or Expansion
Renovation or Building Up-fit
Production Machinery and Tools
Furniture, Fixtures and Equipment
Other
Total
elelalelalalaler]
- Final, actual performance will be reported on VEDPs public reporting website.
Attach the company’s four most recent Quarterly Tax Reports (Form FC-20) filed with the Virginia Employment
Commission,
- Data will be verified using records from the Commissioner of the Revenue and, if requested, invoices.
“This confidential information is protected from disclosure pursuant to § 2.2-3705.6 of FOIA.
Polycap LLC-COF PA-090320
15
LOCAL MATCH:
[ Goal ‘Actual
COMMENTS:
Discuss Project status or the importance of the Project to the locality and region.
TO BE CERTIFIED BY AN OFFICER OF THE COMPANY:
I certify that I have examined this report and to the best of my knowledge and belief, it is true, correet, and complete.
Company:
Submitted By: Signature of Official
Name: Print Name
Title:
Date:
Please return to:
Kim Ellett, Incentives Compliance Manager, Virginia Economic Development Partnership, 804.545.5618, [email protected]
16 Polycap LLC-COF PA-090320
4 IDA Russell County, VA
Russell County’s Financial Proposal
Project Blue Jay
September 9, 2020
Russell County’s Financial Proposal
Project Assumptions
‘Net, New Employment within 5 years 48 ‘Average Salary for New Workers (excludes benefits) $30,600 | Capital Investment in Building and Real Estate $1,100,000
ou Investment in Macl a & Tools $7,480,000
RC IDA will apply for the following incentives
Commonwealth Opportunity Fund Grant* $130,000 Virginia Jobs Investment Fund Grant* $30,800 Virginia Tobacco Commission Grant* $140,000 ‘Manufacturing Sales and Use Tax Exemptions* $408,100 Virginia Tobacco Commission Loan (5 years @ 0%) $140,000 Cumberland Plateau Planning District Loan (10 years @ 2.5%) $250,000 Virginia Coalfield Economic Development Authority Loan (@, 0%) $1,100,000 Virginia Coalfield Economic Development Authority Grant $3,773,287 ‘Town of Lebanon Virginia Bond (7 years @ 5%) $1,250,000 ‘New Market Tax Credits (7 years @ 2% of project total $9,000,000) $2,700,000
Ree aun am 10 an 2 5% $2,700,000
Town of Lebanon (Reduction in Mach & Tool tax over 5 years) $92,978
- Maximum loan amount based on indicated project parameters
_——— |
Facility:
Term:
Rent:
Performance Criteria:
Workforce Training:
Proposal Terms:
The IDA proposes to do a lease/purcha: rental rate based on the negotiated purel located in a HUB Zone and Technology
greement at a monthly se price, This facility is me
The IDA will lease the facility to the company for a period of ten (10) years, with option to renew or purchase at the end of the lease.
Payable monthly on a triple-net basis based on the net loan amount (company pays for its own utilities, taxes, insurance, and routine maintenance).
‘The company must agree to sign the Performance Agreement(s) required by the Virginia Coalfield Economic Development Authority, Virginia Tobacco Commission and the Commonwealth Opportunity Fund and any additional agencies from which monies are obtained. These Performance Agreement(s) require the company to achieve a certain number of jobs, wages, and private capital investment within a certain time frame, or grant funds must be repaid.
Workforce development incentives are available through the Virginia Jobs Investment Program (“VJIP”) and other local agencies within the county.
This proposal is non-binding and does not create any legally binding obligations. In the event of the execution of formal agreements concerning the project, including the Facilities Lease and Performance Agreement(s) described above, those formal agreements shall control. ‘This proposal is subject to the completion of formal applications for the various incentive programs, the approval of those funding agencies, due diligence, availability of funds, and the approval of various boards, including the boards of the IDA, the Russell County Board of Supervisors, the Virginia Coalfield Economic Development Authority, and the Virginia Tobacco Region Revitalization Commission, as well as the Governor of Virginia.
We are very pleased that Project Blue Jay is considering Russell County for its new location, and we hope that you will decide to locate in Russell County. Ifyou have any questions or need any additional information, please do not hesitate to let us know. We look forward to hearing your response to our proposal.
Sincerely,
Ernest McFaddin, Chairman Russell County IDA
ACCEPTED:
Project Blue Jay
By: Te Title:
Date:__
Russell County Virginia “The Heart of Southwest Virginia”
Oris Christian 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
The Board of Supervisors of Russell County in regular meeting on the 5th day of October 2020, adopted the following:
RESOLUTION OF SUPPORT
THE CLOSING OF ROUTE 601 FOR LANDSLIDE REPAIRS
WHEREAS, the Virginia Department of Transportation has deemed it necessary to close a portion of Route 601 in Russell County for the repair of a landslide, and;
NOW, THEREFORE, BE IT RESOLVED, that the Russell County Board of Supervisors hereby concurs with the Virginia Department of Transportation’s decision to close Route 601 from Route 621 to Route 625 to through traffic from October 6, 2020 until repair of the landslide is complete, pursuant to §33.2-238 Code of Virginia, and
BE IT FINALLY RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation.
Recorded Vote: A Copy Teste:
Moved By: Signed: _______
Seconded By: Printed Name: ______
Yeas: Title: ______
Nays: ________________
Russell County Virginia “The Heart of Southwest Virginia”
ris Christian 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 Gounty Administrator
The Board of Supervisors of Russell County in regular meeting on the 5" day of October 2020, adopted the following:
RESOLUTION OF SUPPORT
THE CLOSING OF ROUTE 601 FOR LANDSLIDE REPAIRS
WHEREAS, the Virginia Department of Transportation has deemed it necessary to close a portion of Route 601 in Russell County for the repair of a landslide, and;
NOW, THEREFORE, BE IT RESOLVED, that the Russell County Board of Supervisors hereby concurs with the Virginia Department of Transportation’s decision to close Route 601 from Route 621 to Route 625 to through traffic from October 6, 2020 until repair of the landslide is complete, pursuant to §33.2-238 Code of Virginia, and
BE IT FINALLY RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation.
Recorded Vote: A Copy Teste: Moved By: Signed: Seconded By: Printed Name: Yeas Title
Nays:
Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us
John.Bolling Callout LANDSLIDE LOCATION: 0.77 MI NORTH OF RTE 621
John.Bolling PolyLine
John.Bolling PolyLine
John.Bolling Callout Begin Road Closure: intersection Rte 601/Rte 621
John.Bolling Text Box DETOUR FOR LANDSLIDE REPAIR ROUTE 601 (HURRICANE FORK RD.) RUSSELL COUNTY (083)
John.Bolling Text Box ROUTE 601 TO BE CLOSED TO THROUGH TRAFFIC, FROM ROUTE 621 TO ROUTE 618, FROM OCTOBER 6, 2020 UNTIL LANDSLIDE REPAIRS ARE COMPLETED.
John.Bolling PolyLine
John.Bolling Text Box ROAD CLOSURE
DETOUR ROUTE
John.Bolling Line
John.Bolling Line
John.Bolling Callout End Road Closure: Intersection Route 601/Route 618
End Road Closure: Intersection Route 601/Route 618
DETOUR FOR LANDSLIDE REPAIR ROUTE 601 (HURRICANE FORK RD.) RUSSELL COUNTY (083)
ROUTE 601 TO BE CLOSED TO THROUGH TRAFFIC, FROM ROUTE 621 TO ROUTE 618, FROM OCTOBER 6, 2020 UNTIL LANDSLIDE REPAIRS ARE COMPLETED.
SC722
sC871
LANDSLIDE LOCATION: 0.77 MI NORTH OF RTE 621
Begin Road Closure: intersection Rte 601/Rte 621
ROAD CLOSURE —
DETOUR ROUTE =
Russell County Virginia “The Heart of Southwest Virginia”
Oris Christian 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
The Board of Supervisors of Russell County, in regular meeting on the 5th day of October 2020, adopted the following:
RESOLUTION OF SUPPORT FOR SINGLE LANE BRIDGE
VDOT PROJECT 0687-083-857, C501, B643
WHEREAS, the Virginia Department of Transportation will replace the existing single lane bridge on Route 687, Roanoke Hill Road, under VDOT project 0687-083-857, C501, B643; and
WHEREAS, the Virginia Department of Transportation intends to replace the existing single lane bridge with another single lane bridge, and
NOW, THEREFORE, BE IT RESOLVED, this Board hereby concurs with and supports the Virginia Department of Transportation’s design of a single lane bridge to replace the existing single lane bridge on Route 687, Roanoke Hill Road, and
BE IT FINALLY RESOLVED, this Board orders that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation.
Recorded Vote A Copy Teste:
Moved By: ________________________
Seconded By: ______________________
Yeas: ____________________________
Nays: (Name), (Title)
Russell County Virginia
“The Heart of Southwest Vi ia” ris Christian 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 County Administrator
The Board of Supervisors of Russell County, in regular meeting on the 5" day of October 2020, adopted the following:
RESOLUTION OF SUPPORT FOR SINGLE LANE BRIDGE
VDOT PROJECT 0687-083-857, C501, B643
WHEREAS, the Virginia Department of Transportation will replace the existing single lane bridge on Route 687, Roanoke Hill Road, under VDOT project 0687-083-857, C501, B643; and
WHEREAS, the Virginia Department of Transportation intends to replace the existing single lane bridge with another single lane bridge, and
NOW, THEREFORE, BE IT RESOLVED, this Board hereby concurs with and supports the Virginia Department of Transportation’s design of a single lane bridge to replace the existing single lane bridge on Route 687, Roanoke Hill Road, and
BE IT FINALLY RESOLVED, this Board orders that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation.
Recorded Vote A Copy Teste: Moved By:
Seconded By: ~S
Yeas:
Nays: (Name), (Title)
Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us
September 14, 2020
To: Lonzo Lester, County Administrator Kirby Meadows, Chairman Russell County Planning Commission
Russell County Planning Commission Members From: Crystal White, Russell County Planning Commission Agent
The purpose of this letter is to inform everyone that | will no longer be able to be the county agent for the planning commission. The past couple of years has definitely been a pleasure to help serve the citizens of our county and the members of the planning commission. | will continue to be the agent until September 21, 2020, | wish everyone the best on the planning commission!
Thanks to Everyone!
ldlute
Crystal White
MONTHLY BANK BALANCES
August 31, 2020
Regular Account 3,724,130.45 Employee Insurance 4,336,103.06 Employee Claims Account 4,000.00 Non-Judicial Reals Estate Sales 2,388.81 Russell Co. Housing Fund. 4,424.36 School Textbook 44,759.17 Sheriff Domestic Violence 1,666.31 Petty Cash Treasurer 217.80 Sheriff Seized Assets 54,561.61 Sheriff Restitution 6,174.45 Sheriff Forfeited Assets 502.80 Comm Attorney Forfeited Assets 31,704.41 Sheriff Federal Forfeited Assets 7,524.14 Comm Attorney Fed Justice Forfeited Assets 151,692.84 ‘Commonwealth Attorney Abanoned Property 500.00 Sheriff Federal Justice Forfeited Assets 7,916.55 Sheriff Calendar Fund 857.34 Sheriff Special Projuects 2,000.00 SSI Recipients 2,210.08 First Sentinel Bank 4,000.00 Bank of Honaker 41,000.00, New Peoples Bank 897.60 Certificates of Deposit General 49,575.00 ‘Treasurer’s Money Market 2,570,887.90 Certificate of Deposit Library Donations 24,788.80 Total Cash In Bank 14,025,483.43 Cash In Office 4,600.00 Petty Cash 100.00
TOTAL CASH 41,027,183.43
DATE
ACCOUNT. DEBIT CREDIT Cash in Office 7,600.00 Cash in Bank 77,025,483.43 Petty Cash 100.00 General Fund 7,314,527.50 ‘Non-hudicial Real Estate Sales 2,386.81 Sheriff In State Trip 30,861.95 Sheriff Dare Fund 100.00 Sheriff Seized Assets 54,561.61 Sheriff Restitution 6,174.45 Sheriff Forfeited Assets 502.80 Comm Attorney Forfeited Assets 37,704.41 Honaker Library Donations 24,783.87 Russell County Housing Fund 4,424.36 Sheriff Federal Forfeited Assets 7,524.14 Sheriff Domestic Violence 7,666.31 ‘Comm Attorney Abanoned Prop 500.00 ‘Comm Attomey Fed Justice 757,692.84 ‘Sheriff Fed Justice Forfeited 7,916.55 Sheriff Calendar Fund 867.31 ‘Sheriffs Special Projects 2,000.00 ‘Social Services (283,009.86) Swva Asap 14,742.66 ‘Coal Road Improvement 361,863.61 CSA. (503,240.51) School Fund 7,424,731.88 School Food 598,776.22 School Textbook 44,759.17 Regional Adult Education 752,927.44 Petty Cash Treasurer 217.80 COVID 19 7,807,085.37 Liter Fund Trash Pickup (20,053.88) Current Credit (0.79) Current Debit 14.44 Title XX 77,321.05 SSI Recipients 2210.06 Damage Stamp Fund 2,823.98 Valley Heights 69,778.87 Dante Sewer 49,575.00 Employee Health Insurance 4,336, 103.06 Employee Insurance Claims 7,000.00 ‘Law Library 56,559.92 Special Welfare 51,617.43 Housing Fund #2 7,700.00 Russell Co Health & Fitness 732,013.72 Caner (148,573.87) WIB 10,051.75
Total
41,027, 183.43
14,027,183.43
August 13, 2020 The Regular monthly meeting of the Industrial Development Authority of Russell County, Virginia was held on August 13, 2020 at 5:30 P.M. at the Russell County Conference Center and via conference call pursuant to the Russell County Emergency Ordinance of April 6, 2020.
MEMBERS PRESENT: Erie McFaddin, Chairman Richard Lockridge, Vice Chairman Carlton Elliott, Secretary Roger Sword, Member Tony Dodi, Member John Stamper, Member Donnie Christian, Member
ABSENT: Scott Gilmer, Member Jared Glass, Member
STAFF: Ben Chafin, Attorney The Chairman called the meeting to order at 5:35 P.M. Secretary called the roll and recorded the roll call.
APPROVAL OF MINUTES Upon motion made by Donnie Christian, second by Tony Dodi and duly approved by the Industrial Development Authority of Russell County, Virginia to approve the minutes of the July 9, 2020 meeting and the July 29, 2020 Meeting.
The Roll Call Vote was: Aye: R. Lockridge, C. Elliott, T. Dodi, R. Sword, D. Christian, J. Stamper
Absent: S. Gilmer, J. Glass Nay: None
FINANCIAL REPORT Upon motion made by Donnie Christian, second by Richard Lockridge, and duly approved by the Industrial Development Authority of Russell County, Virginia to approve the financial report and pay invoices presented.
The Roll Call Vote was:
Aye: R. Lockridge, C. Elliott, T. Dodi, R. Sword, D. Christian, J. Stamper Absent: 8. Gilmer, J. Glass Nay: None
ATTORNEY’S REPORT
The attorney reported VCEDA is unwilling to close on Project “Trout” without all the requirements in place. VCEDA is asking for an extension to the project deadline to allow all the requirements to be in place.
Upon motion made by Donnie Christian, second by Tony Dodi, and duly approved by the Industrial Development Authority of Russell County, authorizing the chairman to request a six-month extension with VCEDA for the loan closing of Project “Trout”. The chairman is authorized to sign any documentation relating to this request.
‘Aye: R, Lockridge, C. Elliott, T. Dodi, D. Christian, J. Stamper Absent: 8. Gilmer, J. Glass
Nay: R. Sword
Abstain: C. Elliott
The attorney has been in contact with Jeff Taylor from the Hemp project, and he is asking for each owner to only guarantee 1/3 each of the $250,000.00 from the Tobacco Commission loan. The IDA board consensus is to remain with
the original agreement and each owner personally guarantee the entire amount of the loan.
CHAIRMAN’S REPORT. Project “Brown” is moving forward, and the building purchase should be completed soon,
The Roofing the government center should be beginning by the end of the month.
The project to construct the probation office has been approved and construction should begin by September.
VDH has not finalized plans for their move to the government center, the chairman will be meeting with them next week.
Cumberland Plateau Planning District is asking for a letter of support for a broadband project grant.
Upon motion made by Donnie Christian, second by Tony Dodi, and duly approved by the Industrial Development Authority of Russell County, Virginia authorizing the chairman to prepare a letter of support for the Cumberland Plateau Planning District VATI application. The chairman is authorized to sign all documentation relating to this request.
The Roll Call Vote was: Aye: R. Lockridge, C. Elliott, T. Dodi, R. Sword, D. Christian, J. Stamper Absent: S. Gilmer, J. Glass
Nay: None
The chairman discussed the need for a drone for marketing campaigns for the IDA and the county. This purchase could be funded from the $5,000.00 per year advertising fund at VCEDA.
Upon motion made by Donnie Christian, second by Tony Dodi, and duly approved by the Industrial Development Authority of Russell County, Virginia authorizing the chairman to request funding from the VCEDA advertising budget to purchase a drone, The chairman is authorized to sign all documents related to this request.
The Roll Call Vote was:
Aye: R. Lockridge, C. Elliott, T. Dodi, R. Sword, D. Christian, J. Stamper Absent: S. Gilmer, J. Glass
Nay: None
There has been no information from Tractor Supply.
The Russell Place has been tested for asbestos and lead and the preliminary estimate to remove the brick portion of the buildings is $250,000.00
Schwan’s Food Company is leaving Russell County to consolidate at another location.
Project “Jonah” seems to be moving forward with a job estimate of 240.
PUBLIC COMMENT No public comment
ADJOURNMENT Upon motion made by Richard Lockridge, second by Donnie Christian, and duly approved by the Industrial Development Authority of Russell County, Virginia adjourning this meeting at 6:20 PM
The Roll Call Vote was: Aye: R. Lockridge, C. Elliott, T. Dodi, R. Sword, D. Christian, J. Stamper
Absent: S. Gilmer, J. Glass Nay: None
1
- Also pres
MINUTES OF THE MONTHLY BOARD OF DIRECTORS! MEETING
MINUTES OF THE MONTHLY MEETING OF DIRECTORS of The Russell County Public Service Authority held at held at 137 Highland Drive Lebanon, VA 24266 on this 15th day of September 2020 at 6:00 PM.
The following members were present, constituting a quorum (4): Carter MeGlothlin, Chairman;
Cuba Porter, Vice Chairman
Donnie Christian, Treasurer;
Chris Dyes
Clifford Hess;
David Edmonds, Jr.3
Joe Huff; and
Rhonda Lester, Secretary,
ent Harvey Hart:
James Baker, T&L; Rita Baker, T&L: and Katie Patton
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.
- Carter MeGlothlin acted as Chairperson of the meeting and Rhonda Lester as Seeretary of the
meeting.
-
Harvey Hart opened the meeting with the Pledge of Allegiance followed by a prayer led by Cuba Porter.
-
Approve Agenda - Motion to amend the agenda to add * Enter into (closed) executive session pursuant to Section 2.2-3712 (5) of the Code of Virginia to discuss legal matters pursuant to 2.2-371 1(A)(8) of the Code of Virginia” regarding finalization of transfer documents to Old Business made by Clifford Hess, seconded by Chris Dye, and unanimously adopted.
-
Minutes of the last mecting dated August 18, 2020 were reviewed and, upon motion duly made by Donnie Christian, seconded by Chris Dye were unanimously adopted with amendments to Page 3, Number 7, Bullet 3 to read “Chafin Law Firm is working through some legal issues in finalizing all deeds”.
-
Public Comments: None
-
Harvey Hart, Director, presented to the meeting:
Page 1|3
Bank Activity and Account Balan Profit and Loss Reports Outstanding Construction Receivables Report Systems Water Loss Reports
ss Reports
and upon motion made by Clifford Hess, as presented.
‘conded by Chris Dye, were unanimously adopted
Rita Baker with Thompson & Litton presented to the meeting the following project updates from August 18, 2020 to date:
- BELFAST PH II (RT. 603) WATER LINE EXTENSION PROJECT
Installed for this reporting period: 860 LF of 6-inch line, 809 LE of 4-inch line, 60
LF of 2-ineh line, (1) 2-inch Gate Valve, (1) Blow Off Valve, (1) Hydrant, (1) Sampling Station, Pressure Testing and sampling were done and submitted to VDH. Received approval from VDH on 09/09/20 to place customers into service, A Progress/Management ‘Team Meeting is scheduled for September 17, 2020 at 10:00 AM.
- SHERIFF’S OFFICI Poured conerete pad.
COUNTY
-
OAK GROVE COMMUNITY CENTER SITE/COUNTY Moved building to site.
-
LAKE BONAVENTURE PH Il (PINCASTLE) ved materials and delivered to site,
-
LAKE BONAVENTURE TO SOUTH CLI
TFIELD WSL-O17-15 Received materials and delivered to site,
- CASTLEWOOD METER REPLACEMENT WSL -028-14 Installed (8) Radio Read Master Meters.
New Business to Discuss:
Carter MeGilothlin, Chairman appointed Donnie Chri
nas Chairman and Chris Dye, Harvey
Hart, and Rhonda Lester as members of a Fi back to the Board
tee to review cost savings and report
. Old Business to Discuss:
Motion made by Chris Dye, seconded by Don Directors to enter into (closed) executive
i¢ Christian and duly approved by the Board of on pursuant to Section 2.2-3712 (3) of the Code
Page 2/3
of Virginia to discuss legal matters purs regarding finalization of transfer documents,
ant to 2.2-3711(A) (8) of the Code of Virgini
13, Motion made by Chris Dye, seconded by Clifford Hess, and duly approved by the Board of Directors to return to regular session.
Pursuant to
2.2-3712(D) of the Code of Virginia 1950, as amended each member of the Board of Directors 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 mate that were identified in the motion(s) by which the closed mecting was convened were heard, discussed or considered in the meeting by the Board of Directors,
Any member of the Board of Directors who believes that there was a departure from the requirements of clauses (1) 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
Ate 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 purstiant only to the motion(s) by whieh the closed meeting was convened, please signify by saying aye or yes,
Clifford Hess Yes Chris Dye ~ Yes
Cuba Porter - Yes.
Joc Hull Yes Donnie Christian - Yes David Edmonds, Jr. ~ Y Carter McGlothlin – Yes
14, Matters prese
ted by the Board: None
15, There being no further business to come before the mecting, a motion to adjourn at 7:16 PM was made by Clifford Hess, seconded by Chris Dye, and duly approved by the Board of Directors. ‘The next mecting is scheduled for October 20, 2020 at 6:00 PM.
Dated in the Commonwealth of Virginia on xo A Alin the 15’" day of September 2020. - ~ ~ ~
(Signature)
Secretary Name: Rhonda Lester
Page 3/3
P.O Box 1208 Office: 276-889-8000 137 Highland Drive Cell: 276-254-0014 Lebanon, VA 24266 Email: [email protected]
COUNTY VIRGINIA’
Ri
‘ount
September highlights:
-Completed write ups for Hiking advertorial for October edition of Blue Ridge Outdoors and Go Outside and Play Guide for the county in the November issue. This is part of bundle package purchased through WanderLove grant. Blue Ridge Outdoors circulates in our target areas and has a strong online membership. Major circulation is through metro D.C. to Atlanta and into Pennsylvania and eastern Kentucky.
-Participated in Zoom meeting for review of top candidates to interview for Cumberland Plateau Outdoor Recreation Economic Analysis and Development Plan.
-Russell County Tourism Advisory Board committee meeting held on updating tourism strategic planning. -Russell County Tourism Advisory Board committee meetings on a marketing grant application through VTC.
-Began meeting with artists and having artwork hung in the Russell County Government Center for the new Artist Gallery sponsored by Russell County Touri
-Worked with tourism advisory committee fundraising committee on upcoming projects and began a mug sale that has been received very well
-Worked with local photographer to gather items needed for upcoming marketing initiatives. -Completed webinar Social Media for Virginia Destinations. -Participated in Virginia ‘Tourism Corporation industry call,
-Worked with town manager of Lebanon on how to do Loveworks application for reimbursement funding on the Love sign
-Participated in monthly Russell County Chamber of Commerce meeting. -Began distribution of new county tourism brochures.
-Worked with director and other members of Heart of Appalachia throughout month on different items that needed discussion.
-Continued regular social media posting for tourism.
Russell County Planning Commission
August 17, 2020
The Russell County Planning Commission met on Monday, August 17, 2020 in the lobby of the Board of Supervisors’ Meeting Room at the Russell County Government Center, 133 Highland Drive Lebanon VA.
Members Present Members Absent Others Present Oris Christian Kevin Tiller, Esq. Charlie Edmonds Crystal White Dustin Keith
John Mason
Chairman Kirby Meadows Vice Chair Andy Smith Roger Sword
Wayne Young
Jack Compton
Mark Mitchell
Chairman Kirby Meadows called the meeting to order at 6:30 p. m. Invocation and Pledge of Allegiance given. Agenda approved. Motion by Vice Chairman Andy Smith, seconded by Oris Christian.
Meeting minutes approved. Motion by Jack Compton, seconded by Wayne Young.
New Business
Kevin Tiller explained plat presented for Linda Patrick from last month. After discussion, the Planning Commission took the position that three splits made a subdivision. If only one lot was sold using existing right of way, that would not be a subdivision and would be exempt. Motion made by Mark Mitchell, seconded by John Mason. Motion passed.
Review of Plats Reviewed 07/21/2020 — 08/17/2020 transactions.
Other Business
Meeting adjourned. Motion by Charlie Edmonds, seconded by Dustin Keith.
Rik Mpncbe2—
Kirby Meadows, Chairman
lark A. Mitchell,
RUSSELL COUNTY CONFERENCE CENTER
September 1, 2020
‘The following is a list of the Russell County Conference Center events for the month of September.
Date Event Event Type Space 09/01/20 ‘Southem States Board Meeting Individual Quarter Sabrina Fleenor Event $75 09/03/20 Collins Staff Depositions Individual Quarter David Tiller Event $150 09/05/20 Birthday Party Individual Full Hyder Hughes: Event $126 09/08/20 Family Reunion Individual Full Pam Breeding Event $25 Canceled 09/08/20 Fantasy Football Draft Individual Quarter Kevin Ferguson Event $75 09/07/20 Russell County Board of Supervisors Meeting Community Full Lonzo Lester Event Free $125 09/10/20 Regional Meeting of Farm Bureau Woman Conference Individual Full Carolyn Neal Event $25 Canceled 09/13/20 Baby Shower Individual Full Haley Watson Event $175
09/19/20 Baby Shower Individual Full Alicia MeGtothtin Event $25
Canceled 09/20/20 Birthday Party Individual Half Heather Jordon Event $125, 09/21/20 Kevin Blankenship Community Full Mountain Movers, Event Free $125 09/26/20 Beaver Wedding Individual Full Kayla Cox Event $125 09/2920 WDB Training Individual Full Pam Ratliff Event $75
(Total: $1,250.00)
- $250 Final Total = $ 1,000.00
THE RUSSELL COUNTY TRANSPORTATION AND SAFETY COMISSION MET AT THE BONANZA RESTAURANT IN LEBANON VIRGINIA ON SEPTEMBER 8™ 2020 MEMBERS & GUEST PRESENT
EUGENE FERGUSON Linda Cross Mike O’Quinn Gary Dotson GUARD RAILS 1-GUARD RAILS REPLACED AS DAMAGED
2-RT SBE JUST BEYOND QUARRY ROAD A SECTION OF GURAD RAIL DAMAGED FROM A FALLEN TREE
SHOULDER REPAIR AND POT HOLE 1-Rt. 58E between mile marker 68 & 70 several ruff places in pavement and pot holes
2-RT. 63 DANTE MOUNTAIN AND RT.661 ARTRIP ROAD KUDSU NEEDS CUT BACK BLOCKING SIGNS AND GUARD RAILS
3-Rt 613/58 just off Rt. 58 at parking lot ASPHALT has broken off causing vehicle problems. Gravel has been pulled up against pavement
4-Rt. 665 road sinking % mile passed Ivy Ridge
5-Rt 195/949 needs signs warning of an intersection or/and watch vehicle turn 6-Rt 645 ruff spot in asphalt needs new patch this spring
7-Rt 645 asphalt coming off in curve needs new patch % mile on RT. 620
8-Rt. 657 Church Hill road rocks falling off bank blocking the creek
9-Rt 620 one mile up out of Finney pavement broken off needs pipe and filled
10- All, back roads need grass cut for VISIBILITY RT 846 MARVIN HESS RD BRUSH COMING OUT INTO ROADWAY Rt.695 TROUT POND ,615 IN THE MUD HOLE AREA AND 683 DIFFERENT AREA’S NEED WEEDS CUT
11- Rt. 615 Dinsmore Hill large ruff spot pavement coming up
12-Rt. 666 Calvary Baptist Church about % mile rough spots pavement coming up in both lanes
13-Rt, 615 near 870 intersection tree hanging over the wall -talked to road crew to remove
14-Rt 616, Chaney, Cr. road breaking off in a sharp curve near the top under review
15-Rt 615 big pot hole near moss three prep.
16-Rt 615 Back Valley cracker neck area dips IN THE ROAD
17 RT. 19 NEAR DOLLAR GENERAL STORE A SMALL TREE BLOCKING VISIBILITY FOR HIGHWAY ENTERANCE
18-Rt.628 Booty two large pot holes near the top of the hill
19 RT. 682 DEAD TREES HANGING OVER THE ROAD HALF MILE FROM RT 609 AND BRUSH FROM FALLEN TREES LAYING ALONG THE ROADWAY NEED TO BE REMOVED - will put on schedule to remove
20- Rt. 600 Wilder Hollow large pot hole near the top of mountain 21-Rt.601Skeens Fork Sandy Ridge road washout causing road to break off
22-Rt. 604 Molls Cr. Several large pot holes between the 35 mile speed limit signs which begin near the church and proceed up the creek
23- Rt.661 Artrip Bridge washout near the entrance to the bridge
24-Rt 665 past the ball park road falling in just pass 600 intersection
25- Artrip swinging bridge has a tree caught on it from flooding water- passed
along to the bridge crew
SCHOOL BUS SAFETY AND OTHER CONCERNS
1- Rt.19 N / RT 80 INTERSECTION LINES NOT VISIBLE FOR TRAFFIC LANES-HANDLED IN BRISTOL
2-Rt 71N request speed limit signs need to be moved back near Fincastle Subdivision to slow down oncoming traffic
3-Rt 80 Blackford Bridge ruff possibility dropping down-BRIDGE CREW MADE AWARE
4-Rt. 816 & 819 road narrow need delineator’s installed
ITEMS REPORTED CORRECTED
1Rt.19s between Rt. 614 and 58 is a bad pot hole south bound side
2- Laurel Branch off Drill Road highway broken off been repaired but sinking 3-intersection 645/740 copper road/new garden stop sign blocked by brush
FUTURE MAJOR SAFETY PROJECT
1-RT 627 DANTE SAWMILL HOLLOW CURVE NEEDS WIDENED AT THE UPPER END NEAR THE BALLFIELD and also the one lane road near the R.R tracks TO HANDLE ANTICIPATED HEAVY TRAFFIC TO A CAMP SITE
2-Rt.675 pavement broke up in the middle of the road just before Rt. 622
3-Rt. 67/635 Horton ridge past L&M auto parts pipe stopped up causing water to flow onto to the road will cause slick conditions PERMIT RECEIVED GAVE TO
BRIDGE CREW 4-58W CASTLEWOOD AT THE TRAFFIC LIGHTS ROAD HOOVES UP THAT COULD CAUSE A POTENTIAL HAZARD CONDITION. PAVING SCHEDULED IN 2021 WILL BE FIXED THEN
5-Rt. 71s / 604 Molls Creek INTERSECTION needs bank scaled back for visibility instead a stop bar will be installed and brush to be keep trimmed —WILL KEEP BANK SCALED BACK
6-Rt. 80 from the doubles to Rt. 19 needs a passing lane installed
7-Rt. 645 New Garden Road water undercutting road one mile East of Nash’s Ford Bridge
8-Rt. LON ramp onto Rt. 80at Elk Garden School is ruff and tilted
UNDER LINED AND BOLDED COMMENTS WERE REPORTED FROM HENRY KINCER
COMMISIOM MEMBER INFROMATION
Barbara COX 971 1502 JOHNNY JESSEE 889 1563 LINDA CROSS 794 7618 TIM LOVELACE 971 0367 GARY DOTSON 7 62 9803 TONY MAXFIELD 254 2492 EUGENE FERGUSON 210 8504 MIKE O’QUINN 701.7086 CARL RHEA 2543810 HENRY STINSON 873 4905 EMORY ALTIZER 880 1058 HENRY KINCER 889 7601
NEXT MEETING WILL BE OCTOBER 13TH 2020 WE THANK ALL WHO ARE INVOLVED IN KEEPING OUR ROADWAYS SAFE AND OUR GUEST PARTICAPTION
SAFETY IS A COMMITMENT!!!)
!!!IPREPARED BY GARY DOTSON
Cannery Revenue Report FY 2020/2021
Castlewood
Month Resident | OutofCounty] Combined Resident Cans Glass | Non-Resident] Cans Glass Customers | Customers | Revenues | Customers Used Jars Customers Used Jars July 17 7 $ 375.06] $ 156.81 0 928 $ 218.25 0 648 August 25 16 $ 970.85/$ 346.60 0 1900 $ 624.25 0 1745 September! October [November [December January Total 42 23 $ 1,345.91] $ 503.41 0 2828 $ 842.50 0 2393 Honaker Month Resident | OutofCounty| Combined Resident Cans Glass | Non-Resident] Cans Glass Customers | Customers | Revenues | Customers Used Jars Customers Used Jars July 14 1 $ 130.70] $ 83.95 0 586 $ 46.75 0 143 August 35 2 $ 402.10] $ 349.50 0 1823 $ 52.60 0 140 September October November [December January Total 46 3 $ 532.80] $ 433.45 0 2409 $ 99.35 0) 283 Combined Total Total Total Total Total Total Season Totals Revenues | Resident Cans Jars Non-Resident} Cans Jars $ 1,878.71] $ 936.86 0 5237 $ 941.85 ') 2676
Total Cans Used: 0 Total Glass Jars Used: 7,913
Address Property Owner
4478 Red Oak Ridge Warren & Leshe Kiser Rd.Castlewood, VA 24224
6594 Dante Rd. Dante, VA Martin & Rebecca Bellamy 24237
192 Lower Bear Wallow Tim & Rendy Hale Rd. Dante, VA 24237
529 Roanoke Rd. Dante, Calvin W. or Carla M. Elmore VA
Tax Map Id.
158 RSB 1831
159 RIC 2253
159 R 2189
159 R1B 2201
Comments 08/31/2020: Building Official has made contact with Russell Co. Litter Officer to arrange a site visit.
03/30/2020: Building Official requests proceed.
ction from RC BOS on how to
03/30/2020: Building Official requests di proceed.
ction from RC BOS on how to
9/5/2020: Request to observe property recv’d. -R.C Building Official will return to site to take photos on 9/25/2020.
Animal Shelter
September Report
Animal Control answered 140 calls, Transferred 33 dogs Adopted 15 dogs
Owner reclaimed 7 dogs
aN
Library Board of Trustees Meeting Passel Cou Pa Lary
- Members Present Members Absent Judy Ashbrook Yvonne Dye ‘Ann Monk Susan Breeding Karen Herndon Sharon Sargent Karen Davis ___ Sherry Lyttle Sharon Van Dyke* *call in
Chair Karen Herndon called the meeting to order 18 August 2020 at 5:01 pm.
Minutes: Karen Davis made and Ann Monk seconded a motion to approve the July minutes as distributed; motion passed.
Communications:
Financial: Ann Monk made and Judy Ashbrook seconded a motion to approve the bills; motion passed.
Staff Reports: Kelly McBride Delph reviewed the Programs and Director’s Reports. Unfinished Business:
New Business: Sherry spoke for the Nominations Committee, recommending the same slate of Karen Herndon as Chair, Susan Breeding as Vice Chair, and Yvonne Dye as Secretary, and opening the floor for nominations. Karen Herndon opened the floor for nominations; Ann made and Karen Davis seconded a motion to close the nominations and elect by the slate by
acclamation; motion passed.
The board reviewed the proposed expenditures of the CARES grant, confirming several changes by the committee and making suggestions for funding.
Susan Breeding made and Karen Davis seconded a motion to table the Meeting Room Policy; motion passed.
Review and Summary:
Susan made and Ann seconded a motion to adjourn.
Respectfully submitted, Kelly McBride Delph
CUMBERLAND PLATEAU RWMA: Mr. Toby F. Edwards, Executive Director BUCHANAN COUNTY:
Mr. Jeff Cooper Mr. Tim Hess
DICKENSON COUNTY:
Mr. Damon Rasnick ‘Mr. Ronald Peters
RUSSELL COUNTY:
Mr. Carl Rhea Mr. Tim Lovelace
Agenda |. September 17, 2020 CPRWMA Board of Directors Roll Call for Quorum.
ll. a) Approval of Minutes of the August 20, 2020 meeting…
Motion: Seconded:
Ill. Administrative Business
a) Review CPRWMA Waste Stream Report August 2020…
b) Approval of the Treasurer’s Report for the month of August 2020. c) CPRWMA Attomey’s Report for August 2020…
d) Litter and Recycling Report…
IV. Old Business
a) Users Agreement with the Member Counties…
Motion:. Seconded;
V. New Business a)
Motion: Seconded:
b)
VI. Correspondence
Vil. Adjournment and Next Meeting.
Chair or Vice Chair conducting the meeting:.
Motion:___137 Highland DReso7ided0, Box 386__Lebanon, VA 24266
Phone 276-833-5403 _ Email [email protected] Minutes submitted by: Tim Lovelace
CUMBERLAND PLATEAU RWMA: DICKENSON COUNTY:
‘CUMBERLAND’
Mr. Toby F. Edwards, Executive Director PLATEAU
Mr, Damon Rasnick Mr. Ronald Peters.
BUCHANAN COUNTY: RUSSELL COUNTY:
Mr. Jeft Cooper
Mr. Tim Hess Mr. Carl Fhea
Mr. Tim Lovelace
Cumberland Plateau Regional Waste Management Authority Monthly Board Meeting Minutes August 20, 2020
Members Present: Others Present:
Damon Rasnick, Chairman Toby Edwards, Director
Jeff Cooper RJ. Thornbury, Legal Counsel
Tim Lovelace Saundra Honaker, Finance Officer Carl Rhea Danny Davis, Buchanan Co. Transfer Ronald E Peters Brian Ferguson, Russell Co. Transfer Tim Hess
CALL TO ORDER: Chairman, Damon Rasnick, called the August 20,
2020, meeting of the Board of Directors to order at 5:29 PM. The meeting was held in Lebanon, VA at the Bonanza Restaurant.
QUORUM: A quorum was established.
AMENDMENTS TO AGENDA ‘The following changes were made: (1) Add Correspondence: Letter from Dickenson County Trammel Project
A motion was made by Tim Lovelace and seconded by Carl Rhea to amend the agenda to add Dickenson County Trammel Project as stated. Motion was ratified, voting as follows:
Damon Rasnick — Aye Carl Rhea — Aye Tim Hess — Aye Jeff Cooper — Aye Ron Peters ~ Aye ‘Tim Lovelace — Aye
APPROVAL OF MINUTES: The minutes of the July 16, 2020 monthly Board Meeting of the Board of Directors were presented for consideration. A motion was made by Tim Lovelace to approve the minutes and seconded by Jeff Cooper. Motion was ratified, voting as follows
137 Highland Drive / P.O. Box 386 Lebanon, VA 24266 Phone 276-833-5403 Email [email protected] www.cprwma.com
@ 1] Page
Cumberland Plateau Regional Waste Management Authority Monthly Board Meeting Minutes August 20, 2020 Page 2
Damon Rasnick ~ Aye Carl Rhea - Aye Tim Hess ~ Aye Jeff Cooper - Aye Ron Peters ~ Aye ‘Tim Lovelace - Aye
ADMINISTRATIVE BUSINESS WASTE STREAM REPORTS - July: Toby Edwards reported that tonnage a
little up from last year. Ron Peters made a motion to approve the waste stream report as presented and seconded by Jeff Cooper. Motion was ratified, voting as follows:
Damon Rasnick - Aye Carl Rhea - Aye Tim Hess ~ Aye Jeff Cooper - Aye Ron Peters - Aye Tim Lovelace - Aye
TREASURER’S REPORT: Tim Lovelace presented the CPRWMA Treasurer’s Report for the month of July 2020, reporting the total in the bank was $590,470.28 at the end of July. A motion was made by Jeff Cooper to approve the finance report as presented and seconded by Carl Rhea. Motion was ratified, voting as follows:
Damon Rasnick ~ Aye Carl Rhea ~ Aye Tim Hess - Aye Jeff Cooper — Aye Ron Peters ~ Aye ‘Tim Lovelace ~ Aye
CPRWMA ATTORNEY’S REPORT FOR MAY 2020:
Users Agreement with Member Counties _After some discussion regarding changes to user agreement and plan of operation, it was decided to table the vote on approving the user agreement until such time that clarity of the final agreement could be presented.
CoVid 19 Transfer Station Personnel Policy: Rebecca Thornbury read aloud to the board and circulated the Addendum to Manpower Agreement to
incorporate the Transfer Staff CoVid-19 Policy. The Covid policy and Addendum were developed in order to comply with the recent Virginia Covid-19 Workplace Emergency Temporary Standard. A motion was made by Ron Peters to adopt the presented the Addendum to the Manpower Agreement
2 Page
policy as presented. Seconded by Carl Rhea. Motion was ratified, voting as follows:
Cumberland Plateau Regional Waste Management Authority Monthly Board Meeting Minutes
August 20, 2020 Page 3 Damon Rasnick - Aye Carl Rhea - Aye Tim Hess - Aye Jeff Cooper - Aye Ron Peters - Aye Tim Lovelace ~ Aye
LITTER AND RECYCLING REPORT: Russell County and Buchanan County had their environmental days and they were quite successful. Dickenson
County is scheduled for August 27%,
OLD BUSINESS
The User Agreement and Covid Policy were discussed during the Attorney’s Report.
NEW BUSINESS
2018-19 Budget The Board had voted in the past to retain the overage from prior years (as evidenced by letters from CPA attached in packet) as follows: June 30,2018 $29,246 June 30,2019 $29,154 Total: $58,400
‘The board had transferred $73,922 from the capital fund to cover the additional expenses for the flooring for all three counties. A motion was made by Jeff Cooper and seconded by Tim Hess to transfer the $58,400 back into the capital fund. Motion was ratified, voting as follows:
Damon Rasnick ~ Aye Carl Rhea - Aye Tim Hess - Aye Jeff Cooper — Aye Ron Peters ~ Aye ‘Tim Lovelace ~ Aye
Tire Equipment for all three counties, Toby Edwards presented a proposal to purchase tire cutting machinery to shred tires to alleviate the problem of
3| Pace
getting the tires picked up and reduce the price of disposal. Mr. Edwards recommended Option 7 in the packet which included purchasing 2 sidewalls
Cumberland Plateau Regional Waste Management Authority Monthly Board Meeting Minutes August 20, 2020 Page 4
cutters and 1 sheer at a total cost of $21,600. It is estimated that there would be an overage in the budget ending June 30, 2020. But it will not be known ‘until the end of the year. After some discussion, a motion was made by Jeff Cooper and seconded by Ron Peters to purchase the equipment based on approval by the Board of Supervisors of each county. This motion was rescinded by Jeff Cooper and Ron Peters. A motion was then made by Jeff Cooper and seconded by Ron Peters to purchase the equipment, removing the approval of the Board of Supervisors. This motion was rescinded by Jeff Cooper and Ron Peters. A motion was made by Jeff Cooper and seconded by Tim Hess to authorize Toby to purchase the equipment with a 10% contingency fee and to present to the Board of Supervisors at a later date. Motion was ratified, voting as follows:
Damon Rasnick - Aye Carl Rhea - Aye
Tim Hess ~ Aye Jeff Cooper — Aye
Ron Peters - Aye Tim Lovelace - Aye
Audit for 2020: ‘The annual audit is upcoming and the records will be taken to Bostic & Tucker as soon they are finalized.
CORRESPONDENCE:
Toby Edwards presented a letter from Dickenson County Board of Supervisors stating that they would be removing and disposing of demolition waste and will be bringing it to the transfer station. They will be testing asbestos and hazardous materials,
ADJOURNMENT AND NEXT MEETING: — The next meeting will be held on September 17th at 5:00 PM at the Bonanza Restaurant. A motion was made by Ron Peters and seconded by Tim Lovelace to adjourn meeting at 7:35 PM. Motion was ratified, voting as follows:
Damon Rasnick — Aye Carl Rhea ~ Aye
Tim Hess - Aye Jeff Cooper ~ Aye
Ron Peters ~ Aye ‘Tim Lovelace - Aye Secretary/Treasurer Date
4|Page
Sober Paton Resi! Waste Manazement Aor,
‘Cumberland Plateau Regional Waste Management Authority Waste Stream Analysis Period: December 15th, 2019 to December 15th, 2020 Buchanan County La eo aunaach Macha Ag Myre Suey yen Ae REO HID ONDNey ov 2RD Gee TeuTaneAl ery laste Materials) Dec -sanzuatnaeznropzua\ 2st0”_Aprtca _ ay 2820 ea fan "one "Tomege jousehold a [Commercial ‘bese | 13855 ==Ct72a3——sSs7és2azs5 waz ie300 19875 ~=—«a0so1~—«=«00)~S~SC«DSS ON [Construction Debris a 282 5310 18054065 «307, sz 86480000 ar vardiash wasts 500 0.00 089 000 158 000 mss 264 ‘000 00 0000 42.00 ine Waste 7608 36850 su032 404020747 0B tasa4—27OAT—~30321 ~~—~000~=SCO arses lindusvit Waste 000 0.00 000 000 0.00000 0.00 000 ‘0.00, 000 000 000 ‘00 Rooting Waste 000 000 000 000 000 000 000 ‘0.00 0.00 000 000 000 00 942 ma smi 520 3282 ase is 3040421 000000000 a3 lwnite Gooas 021 1193 42442572 Oe 000 ‘000 388 000 «0000 3693 Liter Ptekeup 148 125 ee 2 Ona 148 403, an 00 © 0000S legal Dumps 0.8 0.00 00 = 000 «ad 0 0.00 i) 00 00 00000 04s 00 009 000 900 000 000 00 0.00 000000 0w 00 00 ‘000 038 049039070 08s 04s oat 000000000 524 000 Anat sai” 1245 sets 088 436 ser 000 000 000 —*naese | Toate esos sano t7oseo aosiar ream sauar sans wates ares 00 oman TEZSTRT] 120.21 Town of Grundy 113.73 0.00 0.00 000 0.00 000 0.00 000 a0 0.00 0.00 0.00 Dickenson County soenns temantoo Febaoch Mach Agyness dan Aaa OR er Tota omat (erent laste Materials) bec t»-ssn zee “220 cn "agetan ayaa ‘= ‘ao Hea” _novtsoect9 "coumme“Toaoge jousohoid a nV [Commercial taa27—ong2 139.20 744 = 10809 14770—=— 1688283518744 = 00S DSCs Construction Debris 12136859 448 037718977854 827 2728.20 00 00000 ante Ivara Waste 0.00 ‘0.00 0.00 000 000 000 0.00 ‘000 0.00 000 000 oo 0.90 Mine Waste 3947323387 ans? 24001 24a aoeas A eae? 223000 tre lindustial Weste 0.00 0.00, 000 000-000-000 00 ‘0.00, 000, 000000000 ‘0.00 JRooting Waste 7.61 0.00 000 000 0000.00 000 00 00 000-000-000 781 Hes eer 738 3554443 gost 33974274 398 000 000 amass storm Debris 00 00 3.00 000 © 000 000 000 000 00 000 000000 00 Jcareass a3 0.00 005 00 002 ont ozr om 00 000 | 000 000 030 Dry studge 000 00 00 00 090 000 ‘0.00 0.00 000 00 © 000 «000 000 ule 00 0.00 000 800 000-000 ‘0.00 000 000 00 000-00 0.00 Imteget lDumpsicieanups 238 256 638 260 ose 173 390 32 233 00 000 a0 32s2 i Town of Clintwood _ 155.95. 2.00. ~
[Town of Labsnon [Town of lonaker [Town of Cleveland
33364 4085 1034
0.00
‘0.00
0.00 0.00
0.00 0.00
‘000
‘000
‘00
0.00
0.00
0.00 0.00 0.00
‘Total FY 2019-2029,
Russell County
arene
Feo aezodch March 202A 202-220 June June 282Dy iy aOsay Aug IDE SeptSoplaEaPOeL Oct 2020Ho Nov 2020DLe Tota tomall (Perot)
Waste Materials) ec sun azzeenzoansop ata‘ 20” ‘ape 2e)_‘wayataa "en na imo Es na a fan "“coumee “Teneo Rousehoid 0473 1077 105638 ——1,64360 1.70842 12750 150308 1.41830 149310 000 000 000 Taare Commercit 06.15 910518332508 40.18 tones sarg7 45223. ~—~=tas08 0000000 nzmaa
Construction Debris 71689328 9005-7875 s8s7_ 2190 «068204 = w00 «=m lrardiash Waste 34.55 6224 283000 000-000 ‘000 00 000 000000 oman ine Ws 0.00 000 000 0.00000 000 2.00 900 000 00 000 000 0.00 lindustial Wasi” 1934 ga.74, CX, nS I TY 1: nT: eT JRoofing Waste 0.00 ‘0.00 00 000 000 000 0.00 ‘0.00 000 000000 00 000 les zig a188 7e8 4236358 TT ee) lwrite Gooas 72000 nn a nT) 0.00 260 4903000 —o00 000s Pattates 00 000 a a a) 000 000 000 000-000 000000 ly studge 0.00 000 000000000 0.00 000 0.90 000 000 090000 000 [contaminates
Recycle 0.00 210 000 000 000 a0 00 4s om 000 0000.00 176 egal Dumpsiio 92 331 ‘1380280002 075 345 1317000000 a0 waa Storm Debris 0.00 00 00 00 000 000 00 00 0.00 000 000 a0 00 [corcass 010 on 116 187 071 ons 096 046 153 ‘000000000 633
40,355.62
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—Bichanar County Waste Svaam Analpals— Peflod: August 16th 2020 to Septombec 15,2020,
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‘Cumberand Pisteau Waste Seeam Anais Report
Russell County Waste Steam Analysis Period: August 16th, 2020 to September 15, 2020
eal ies ele ee er carat
Name of ‘ThisMonth [tastMonh 2019 2018 zoty ats, aut, ata ats orzo, anne zmus= ear | 206 Waste Material (res) fons) | tena) | crons) || cronay | Crone) | (rons) || crons)[__rona)| rons) | cons) | (Fons) J (Fons) | (rons) | (tone) | (rons) Househoit 4,493.10 447530 1,070.96 4.24068 4,195.19 1,102.88 1.20261 1,195.59 1.27481 1.96582 1585.13 1.63424 1512.76 1,508.93 1551.72 1,800.10 lcommarcis! 10508 15223 160.84 117.54 27740 131.61 155.75 148.65 137.67 370.98 206.16 162.88 228.08 30214 286.01. 267.41 [construction Debris 84.00 108.84 88.44 11937 108.72 35.66 100.41 S558 8322 759.18 195.72 18189 19851 113.44 127.66. 63.28 lvaralash Waste 0.00 000 3731 4873 2423 0002.83 1905-2859 4BSS 5459000 82278947 O58 Nive Waste 0.00 0.00 0.000.000.0000 0.00 0.00 206s ease 21252860000 000 000 0.00 Industral Waste 4043 2864 3353-3755 2686 «1888138857 Sz 10332020913 «302 34.31 68.82 121.10 oofing Waste 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00000 000 000 000 000 6268 6265 [Tee — 21836681 18.26 43.80 t0Se ast 8011220935 a7 aS? 819 SCOSSCi ASS? |wnite Goode 1903 260 10.18 0.00 0.00 7.06 5201145000870 4378178 [Patistes 0.00 0.00 0.00 0.00 0.00000 0.00000 0.00 000 000 0.00 0.00 0.000.00 lory stage ‘0.00 000 “0.00 0.00 0.00 0.00 0000.00 0.00 0000.00 0.00 0000.00 x lcontaminated Recycle 0.21 045000 0.00 0.00 0.00000 0.000.090 0000.00 0.00 000 0.001301 Integat Dumpate 43:13 348383 1.88 3.73 298425 BAT 13.18 090 0381.08 7.36 4.18 0.00 Storm Debris 0.00 0000.00 000000000000 00000 9.00 0.00 0.00 0.00 0.00 0.00 [carcass - 183 048 0.410.480.4005 at 259208 432160 424442089 0.00 477844 4.77988 4AZSAG 4,610.04 4,587.07 1,51659 152375 145091 158848 269278 2.08066 202901 1.92198 190061 2,120.28 238487 Rezsell County Waste Stream Analysis (is Monthy 1.600 7 _ = _ 1400 120 = = = 5] 1900 - ry =e ars onl aE = | «oot — == —
ra
“
aw ‘ff ff vo?
Total Tonnage includes the following towns: Lebanon ° Honaker q [cleveland 0
[a
Sumbartund Pateny Realons! Wests Manson: Autorny
Tons
1.90000 -————.
Russell County 2019-2020
1600.00
1400.00
41,200.00
1,000.00
‘300.00
600.00
400.00
200.00
0.00
dota seonh oan
a & of . -
ve @ oF
oe e Sd “ a OOF f
Materials
Bee aT 18Jon 2020-Feb 2020 \aFeb 2020-Mareh sohtaeh 2020-1 ekg 020 Moy 2020, ‘May 2020.tune saline 2020-2020 ‘duly 2020-2020 shu 2020p 2020]
| (wept 2020-021 2020
Cumberland Plateau Regional Waste Management Authority
Cash Flow Statement
August 2020
Cash Balance - July 31, 2020 369,242.28
Cash Received - Tipping Fees:
Buchanan (Jul) 69,504.14 Russell (Jul) 74,996.46 144,500.60 Moved June 30, 2028 to Capital Equipment Fund (below) (29,246.00) Moved June 30, 2019 to Capital Equipment Fund (below) (29,154.00) Cash Expenditures Cash Expenditures - August 2020 (231,946.02) Cash Balance - August 31, 2020 223,396.86 Fund Bolances: Copltal Equip Replacement Fund 254,628 Prior Balance Jan’39 270,50] rransterred for floors Feb19 rag] hun’t8 Overage applied from counties 29,246] jun’19 Overage applied from counties 29,354) fatance 254,528 25,000.00 otal in Bank 503,024.96
(3
Cumbertond Plateau Reglonal ‘Check Realter
Forthe Partod From Aug , 2020 to Aug 31,2020
Ter Bam pan Porc caoyan tan bao itv e
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[CUMBERLAND PLATEAU REGIONAL WASTE MANAGEMENT AUTHORITY FY 2020- OPERATING BUDGET & EXPENSE REPORT
Tapendires PTET Tawa “ustect
Ditect Expenses:
[Transport/bispacal Hepassor FRO
ire Recycing 6.64693 45,000.00
306,198 7992.00
[Qverhead Expenses:
Debt Service - Loaders a5 7spp0.00 | a7
fer Dispos = 2,900.00 | on
fuuiies: =
auchansa 398.58 $06.00 |
Dickenson 508.6 1:50.00 | 119
uss 47082 450000 | son
Supples z
‘uehanan 73359, 7300.00 | — a
Dickenson 35228 2,500.00 | 16
russel 77834 3,000.00 | — 76
[rue =
Buchanan FEEEO 560.00 |
Dicenson 4,900.00 | — ox
Russel B26 7.00.00 | in
[retephone: =
Suchanan Tea 300.00 | a
Dickenson T7066 4,100.00 | —16
Russell 5.08 4.50000 | — 6
Station Malatenance/Improverent
Buchanan Eaai76 350050 | 24
Dickenson 376467 30,000.00 |
Russel 30667 30,000.00 | 20
ioader/Equlp Malntenance: ‘i
Buchanan FREER 7500.00 | ~ son [-Wanaqement Breakdown Bickenson 557555 16 500.00 | sex Toby Heath Taea7| Russel 743892 36,500.00] “<n Toby Salary 31666.65 Transfer Station Permits and Mang 5 otk cosycontibotion 216.9] Staion Fermits S00 35;00.00 | — ax) axes, 892.9 ‘VACO insurance 75,560.00 | 14,000.00] in|
[Maregeren &Finge 3474401 30,000.00 | se
Finance Manager 3.50000 3,000.00 | 17 sa7eaos] tema a7 3200.00 | io [Drea Cop ToRET suppor ‘0m pono | x] 25687 loticenentayinternetcetVottice |supnes 046.47 00000] so] 683
Dvector Corin EATER FESO) Fe.i00.00| sx] __ 2555,
raestonal Fees (Rv = 000.00 | — ov [STiet Beaton Mecting expense TET 3,000.00 | er Phone/nt 77S [rave 60.95 3,000.00 | — ewent «00 sop = 3:00.00] —ox Postage 347 es cee = ‘i000 ]—oxotficesup 21464 aici Expense Tw 7306.00 | —7
[Unvorm Renta 209.80 4090.00 | iow 6.47 [advertang = 2500.00] — om
reserves/equo/ ‘Emergency
Fund . 2000.00 | _ ox [Tee neschines 55000 ~
(OVERHEAD SUBTOTAL PL ioa.n19.22 CERT [TOTAL EENses ETRE
*soverhend Rate per County
USER AGREEMENT FOR SOLID WASTE DISPOSAL
‘THIS AGREEMENT, made and executed this the day of + 2020 bby and between the COUNTY OF DICKENSON, Virginia, the COUNTY OF BUCHANAN, Virginia, and the COUNTY OF RUSSELL, Virginia, political subdivisions of the COMMONWEALTH OF VIRGINIA, hereinafter referred to as “Users, and the CUMBERLAND PLATEAU WASTE MANAGEMENT AUTHORITY, a body politic and corporate and apolitical subdivision of the COMMONWEALTH OF VIRGINIA, an Authority created by the aforesaid Users, pursuant to the Virginia Water and Sewer Autho
ies Act, hereinafter referred to as
“Authority.”
ARTICLE 1 - BASIC INTENT AND PURPOSE
- This Agreement fs entered into as authorized by’ the Virginia Water and Waste ‘Authorities Act, Va. Code Ann, § 15.2-5100 et seg, (hercinater the “Act.
2, The Authority as all the powers, rights and duties as described inthe Act and as specified in its Articles of Incorporation and may exercise the same in the
performance ofits functions as set out in the Act 3. The purposes for which the Authority was created are to acquire, purchase, lease as lessee, consinict, reconstruc, improve, extend, operate, maintain and finance a
Garbage and Refuse Collection and Disposal System, as that term is defined in the Act
in, without, or partly within and partly without the Counties of Buchanan,
censon and Russel, Virgin
- The Authority, subject to the terms and conditions hersinaer sel out, desires to ‘maintain a sae, sanitary and environmentally sound Disposal System (hereinaRer defined) and for and by such Disposable Solid Waste (a the tem is defined herein, and herinafer referred to as DSW) of the Users.
5, ‘The Users, subject to the terms and condi Authority’s Disposal System forthe disposal of DSW generated within, collected ty, or otherwise under the contol of the User.
sposal System to accept and dispose of the
i hereinaer set out, desire to use the
is
6, ‘The Disposal System shall be established, operated und maintained in accordance with the Authority’s Plan of Operation, atached hereto and made a part hereof, ‘which is intended to be effective upon the date of execution ofthis Agreement, and which may be amended by the Authority rom ti
eto
ARTICLES II ~ DEFINITIONS,
- Disposable. Solid Waste (hereinafler DSW) - Any Solid Waste other than
Hazardous Waste, specifically including Processible Solid Waste, Special Waste (approved, as set forth in the Plan of Operation) and Non-Processible Solid Waste
(as such (erms are defined in the Plan of Operation),
-
Disnosal System Al those facilities owned, eased or operated by the Authority designed to collec, manage and/or dispose of Solid Waste and those designed to accomplish reeycting andior volume waste reduction by methods other than DSW: and the land, structures, vehicles and equipment for use in connection therewith
-
Hazardous Waste ~ a Solid Waste or combination of Solid Waste which, because ofits quantity, concentration or physical, chemical or infectious characteristics
‘mortality or an inerease
i reversible, illness; or (b) pose a substantial
te o an increase
) cause of significantly cont
in serious irreversible, or ineapacita present or potential hazard to human health, the Disposal System, or the ‘environment when improperly treated, stored, transported, disposed of or otherwise ‘managed. The foregoing definition is intended to include any waste now oF hherealter designated as “hazardous” by State or Federal agencies (including the United States Environmental Protection Ageney) with jorisdiction and authority to promulgate and enforce rules and regulations for the handling and disposal of hazardous and other wastes.
-
Non-Conforming Waste ~ (a) Any waste excluded trom the definition of Solid ‘Waste and (b) Special Waste (as defined in the Plan of Operation) which has not been approved by the Authority
-
Plan of Operation - A plan adopted by the Authority, as amended or supplemented, setting forth the types of material acceptable tothe Authority for disposal, the times and places where material will be received by the Authority, the methods of
USER AGREEMENT Page| 2
7
collecting fees charged by the Authority For disposal service, and such other information as will describe operational procedures, controt use of the Disposal System and provide instwetion and gui
Lf Operation shal by
into this User \ureement, Si
lines to users ofthe Disposal System,
hed as n relirence
{Plan of Operation sll he subject w an
Lhe same fine this User Nervemen is subject wo annual review, [fam changes
nat tw the aoprovil of the Department of Enron (Opsration wil continu to he uli unt, DEO approves the propose revisions Jo the Mao Operations requested by the three User Counties
Solid Waste ~ Any garbage, trsh, brush, refuse, sludge (as defined in the Plan of Operation) and other discarded material, including solid, liquid, semi-solid oF contained gaseous material, resulting from industrial, commercial, mining. and
Plan of Operas ties. si
sand resi
agricultural operations and from community activi
ces, but does not include: () solid and dissolved materials in domestic sewage; (it) soli or dissolved dust
in ivigation return flows or in discharges which are sources
subject t0 permit from the Stale Water Control board; (ili) source, special nuclear, or bysproduct material as defined by the Federal Atomic Energy Act of 1954, as ‘amended; (iv) to the extent such Solid Waste is transported from the Transfer
Stations fo any landfill operated by an entity other than the Auth
‘materials not allowed under the permits, licenses and approvals re Jana; or (w) asbestos.
Tipping Fee ~ The charge made by the Authority for the disposal of DSW (as set forth inthe Plan of Operation). The Tipping Fee shall be calculated by determining the total of: (a) the disposal fee charged by any landfill operator with whorn the Authority may contract for the ultimate disposal of any Solid Waste delivered hereunder; (b) the amount of principal premium, if any, and interest or any other amounts due, oF to become due, with respect to any indebtedness of the Authority ‘or required to avoid a default with respect to such indebtedness; and c) all expenses of the Authority relating (o the operation and maintenance of the Disposal System as per the line item budget approved annually by the Authority Board, excl
USER AGREEMENT Poge|3
16
administrative costs defined below) including any reserves required by Authority. [this amount shall be divided by the tonnage projected to be received 10 derive a cost per ton to be charged for use ofthe Disposal System,
same for all three member counties per the components of this paragraph, Howeve
‘Commented (62): Everore. The pe pr ton bad
transportation costs for each member county is determined by mileage from the counts transfer station tothe landfill. The cost per mile wll be uniform for each county with only the actual mileage varying, The Authority will invoice ‘ach county separately for its transportation costs. The partes agree to annually review the component costs making up the tipping fee and transportation costs to
staon oe anil
‘make appropriate annual adjustment to sad tipping fe and transportation costs (costs per mile), The annual adjusted tipping Fee and transportation costs ae subject to the approval ofthe Board of Supervisors ofeach ofthe Users and the Board of the Author. One the User \wrcomen is appre either intl oF upon pquent nual ews, sd appro User sina sl be 1s ueknos fade all she parties he anil ere is based ive your coma that pened pursnit 0. 15.2:S136, Uh Authors is contracts hound by this five sear contrat in (to she Landi charge an ound Jy, worber set Ge Anusportation sdhrmes. ne paris sere tha such contets are hindi pon the Authority wl ile in effet restrict the Authority’s bility to mnke aus austen to further agree dit the contract for neces: to the landfill and the contract fir
igs to trapnt the solid waste fn the ransker stations Wo the Jill are subieet wo net iw and appre of the Board af Super isors ofthe thi
anes arte
avknwtfede tach
buansportatios fl
Administrative Fee~The Authority has wdministtive costs that include tems in the curent Athi iset Kin tem budge as approved bythe Autor Board ‘These coss includ, but ar not Lined to, IT suppot, bookkeeping cost, salary and fringe benefits of Authority employees, legal costs, office rental, and VACO insurance. The Authority will present its proposed line item annual budget for
‘Commented [14] 1 sues this taguege to beter Capluetheitemstncudedinthe tate ono ‘hose could change sono ond wile tee
the upcoming year to the member County Adminis
USER AGREEMENT. Page| 4
tralors annually on or before
19
“March 110 be included in each County Board of Supervisor’s next monthly ‘meeting agenda for review sind approval
‘The total monthly administrative costs ofthe Authority shall be divided equally among
d. Fan color Purple
the Users andl paid through monthly invoices submitted to the Users by the Authority
ARTICLE II-TERM OF AGREEMENT
- This Agreement shall become effective and operations hereunder shall commence on or about June f, 2020, This Agreement shal be binding upon the partes, commencing upon the execution hereof, and extending for a psrod of one (1) year, Prior othe end of the one-year term, any further extensions must be approved by the Board of Supervisors of each of the User and the Authority Board annualy ARTICLE IV ~ DELIVERY CONDITIONS
- The Users hereby agree to deliver or cause to be delivered to the Dispose! Sytem in accordance with the Plan of Operation substantially al (atleast 95 percent per year) of the DSW which is penerated or collected by or within or under the contol ofeach ofthe Users fom the effective date ofthis Agreement. Each of the Users ents wit
Will also use best efforts 10 enter into contractual ngre exch locality,
generator and commercial hauler of DSW in their respective counties for their use ‘of the Disposal System.
-
Subject to the terms and conditions of this Agreement and the Plan of Operation, ‘he Authority hereby agrees to receive and accep all DSW delivered to the Disposal System by each of the Users after the effective date of this Agreement and throughout the remaining term ofthis Agreement
-
"The Authority shall provide one or more ‘Transfer Stations to each ofthe Users For ‘he disposal of DSW. The location ofall Tranter Stations shal be specified inthe Plan of Operation. The Authority shall have the right to designate a separate point ‘or points of delivery for any grades or categories of DSW which in its opinion
require special handling or methods of disposal,
- The Users hereby agree not to build or, fo the extent af tier legal authority, allow to be built any facilities that would compete with the Disposal System during the ‘duration ofthe term ofthis Agreement,
USER AGREEMENT Page| 5
20
ARTICLE V~ CHARGES AND FEES FOR USE OF AUTHORITY DISPOSAL SYSTEM
|. ‘The Users agree io pay tothe Authority rates fees, and ther charges as approved by the Authorty’s Board of Directors in compliance with Va. Code Ann, §15.2- 15136 subject to approval ofthe Board of Supervisors of each User. ‘The Authority
‘agrees to comply with § 15:
5136 when fixing rates, fees, and other charges. He Wublowschedulos tors Fie OE DSM-athieh- seine pcan
-Sesthity nia tout Ss oie Hosta in
oF ewer ind ides ores
tall fis undortnd-etseen the partis Suhr may sh a spocink celle sdelivor-HousehohtDSW-taiatined-inshe-BlavoE Operation Hothes\uthoriie toe Ubporubanaprivately-omiedauinmobikeneartow-side pickup, Each of the Users shall have the Fight to set the fees tobe charged tothe publi
ite sal sera oeiaiidads whoa
teach transfer station in their respective county fr the disposal of DSW.
-
‘The Authority shall invoice each User forthe Tipping Fees on a monthly b (vithin en (10) days ater the end ofthe month). Sul tonnage received by the Authority ltributable (othe User during the billing period ‘of all DSW. Such invoices shall be due and payable without offset within Thirty (30) days ofthe date ofthe invoice.
-
‘The DSW delivered to the Disposal System will be weighed for the purpose of determining the actual tonnage received. Fractions of tons actualy received shall
invoices will show the total
be invoiced on an accumulated basis each month. fn the event of malfunction of the
Authority’s weighing scales or ther measuring device, an estimate ofthe amount of DSW received will be computed based on the average amount received per
le, when dumping records for such vehicle forthe six (6) months immediately ible, will be computed
based on the average umount received per vehicle of lke size and/or compaction
preceding are available, or when such records are nat a
ratio,
USER AGREEMENT Page 6
val
-
The Authority shall keep proper books and records in aecordance with generally ssceepted accounting principles which shall be available for inspection by the User stall reasonable times.
-
Any proposed amendment of rates, fees or other charges imposed by the Authority ‘on the Users pursuant to this Agreement is subject to approval by the Users after the Authority bas provided adequate documentation to demonstrate that an inerease or decrease is necessary under § 152-5136.
ARTICLE VI ~ TITLE TO SOLID WASTE; LIABILITY FOR SOLID WASTE
- Title to all DSW delivered to the Disposal System by euch ofthe Users shall pass to the Authority when recorded by the Authority’s weighing scales or other measuring devices at the Authority’s faciliies, EXCEPT that title to Hazardous ‘Waste and Non-Conforming Waste shall not vest or pass to the Authority, even if Hazardous Waste and Non-Conforming Waste is delivered to and unknowingly accepled by the Authority. Inoperability oF unavailability of the Authority’s ‘measuring devices shall not alter the transfer of title to DSW delivered to and
accepted by the Authority 2. In the event that Hlazardows Waste is inadvertently or unknowingly delivered to andlor accepted by the Authority, i is understood and agreed between the partes that liability for any environmental contamination, adverse effects, penalties oF
damages resulting from, and necessary costs of correction, may be imposed upon
the Users by any regulatory bodies with adequate jurisdiction, ARTICLE VII - DEFAULT
- In the event of default, the non-defaulting party shall have the right, but not the obligation, to cure such default and to charge the defaulting party forthe cost of curing said default, and to obtain reimbursement thereof.
Upon the occurrence of a default by the Authority hereunder, any of the Users, after tiving notice of such default to the Authority, may bring appropriate legal proceedings to require the Authority to perform its duties under the Act and this Agreement orto enjoin any acts in violation ofthe Actor this Agreement, However,
Jo.any of the Users initiating Kya action yeast the Aubry, thy sets) USER AGREEMENT Page|?
22
We the Authority writen Hotige of the detanlt and provide the Sutherity m7
Wits (30) days wo
Upon the occurrence ofa default by any User, the Authority, ate giving notice of such default to all parties, may bring appropriate legal action to require the User to
perform its duties under the Act and this Agreement or to enjoin any acts in violation of the Actor this Agreement, However, prior to the Authority initiating Ucgal action against a User, the Authority must give the User written notice of the default and provide the User thy (30) days to cure said defaul
No remedy inthis Agreement conferred upon or reserved tothe partis is intended to be exchusive of anyother remedy, and each remedy is cumulative and in addition to every other remedy given under this Agreement or now or hereafter existing as
provided by law ARTICLE VII -NO PARTNERSHIP
Nothing herein shall be construed fo constitute a joint venture between the
Authority and the Users or the Formation of a partnership,
ARTICLE IX - FORCE MAJEURE
Failure of any party to perform hereunder, including failure of any User to deliver ‘oF cause to be delivered DSW, or inability of the Authority to accept DSW, by ‘reason of Force Majeure (as defined in the Plan of Operation) shall not consttnte a default or be cause for termination of this Agreement, However, the panty so failing
to perform shal immediately notify the other pany ofthe failure, including reasons thereof, and shall make reasonable efforts to correct such failure to perform at the earliest possible date,
. If, by reason of Force Majeure, the Authority cannot accept DSW atthe Transfer Stat forand notify the User ofan alternate delivery points(s)
ies of the Authority are avaiable for disposal of
DSW the User shall have the right, but not the o
‘be disposed of DSW at locations other than the Transfer Staion located within the
USER AGREEMENT Page ’
located within the User’s region, the Authority shal immediately provide
Solely in the event that no fa
tion, 10 dispose of or cause to
rae
{Crormatted: indent Left. 7, No bullets or numbeneg
User’s region until the cause ofthe Authority’s inability lo accept the User’s DSW is cured, but not thereafter
ARTICLE X - EXTENT OF AGREEMENT
This Agreement, together with the Plan of Operation, represents the entire
agreement between the parties herelo and supersedes all prior negotiations, representations or agreements, either \siten or oral. This Agrcement shall not be
‘modified, altered or amended unless in writing and signed by the partes. ARTICLE X1-GENERAL
-
In the event that any provisions of this Agreement shall be held to be invalid, the remaining provisions shall be valid and binding upon the partes.
-
One or more waivers by either party hereto of performance of any obligation and/or covenant hereunder shall not be construed as a waiver of subsequent breach of any obligation and/or covenant.
-
Neither the Users nor the Authority shall delegate or assign duties under this ‘Agreement without the written consent ofthe other.
-
The construction and performance of his Agreement shall be in uecordance with the laws of the Commonssealth of Virginia. In the event of a dispute between the ‘Authority and a User, the venue for resolution ofthat dispute shall lie in the Circuit Court ofthe User. In the event a dispute between the Authority and two or more ‘Users occurs or a dispute occurs between or among Users, the Chief Judge of the 29% Judicial Circuit shall determine the venue and appoint a judge to hear the case.
-
Any notices hereunder shall be in writing addressed to the party asset forth below ‘or at such other address as may be designated in writing tothe other parties hereto.
-
Inthe event the Authority has an administrative fee surplus atthe end of any fiscal year and at the end of audit of said fiscal year, such surplus amounts shall
be divided equally among the three (3) member counties, based on a eview and vote of the Authority Board
IN WITNESS WHEREOF, the parties hereto have caused th properly executed and attested by duly authorized officials as of 2020,
‘Agreement to be the _ day of
imberland Plateau Regional Wast USER AGREEMENT Page| 9
et
By (SEAL) CPRWMA Chairman, Damon Rasnick P.O. Box 386
etanon, Virginia 24266
“Telephone: (276) 883-5403
Fax: (276) 889-801 |
(SEAL) CPRWAIA Secretary
APPROVED AS TO FORM ONLY:
(SEAL)
Bhi aso, Counsel for the CPRWMA
COMMONWEALTH OF VIRGINIA, AT LARGE, to wit
The foregoing contract was subscribed and acknowledged before me by Damon Rasnick, Chairman of the ‘CPRWMA Boar Seerelary ofthe CPRWMA and Phillip Justice, Counsel for CPWRMA this the day oF 2020 in, County, Va
NOTARY PUBLIC My Commission expires: My Registration #5
‘ickenson County Board of Supervisors
by (SEAL) Tosh Evans, Chairman P.O. Box 1098 Clintwood, Virginia 24228 Telephone: (276) 926-1676 Fax: (276) 926-1619
ATTEST
USER AGREEMENT Page| 10
(SEAL)
GDavid Moore. Jr, County Administrator APPROVED AS TO FORM:
__(SEAL)
jd Pips, Es County Attomey of Dickenson County, Va.
COMMONWEALTH OF VIRGINIA, AT LARGE, to wit
‘The foregoing contract was subscribed and acknowledged before me by Josh Evans, Chaitman of the Dickenson Covinty Board of Supervisors, G. David Moore, Jr, County Administrator the Dickenson County, Va. and Bud Philips, County Atiomey of Dickenson County, Va, this the __ day of
2020 —_County, Va — NOTARY PUBLIC My Commission expires Ms Registration Hs = ‘Buchanan Counts Bonrd of Supervisors By — ____(SEAL) Craig Siliner, Chairman
P.O. Drawer 950 Grund, Va. 24614 Telephone: 276-935-6503, "as: 216-935-4479
USER AGREEMENT. Page! It
26
. (SEAL)
Robert Craig Hom County Administrator
APPROVED AS TO FORM:
Lawrence L, Moise Ill, Esq, County Atiomey
COMMONWEALTH OF VIRGINIA, AT LARGE, to wit
‘The foregoing contact was subscribed and acknowledged before me by J. Carol Branham, Chairman of | ‘the Buchanan County Board of Supervisor, Robert Craig Hora, County Administrator and Lavience L. Mose Il, County Atlomeythisthe day of _ ____2020in. __Counly, Va
NOTARY PUBLIC My Commission eypires:__
Russell County Board of Supervisors
By SEAL) Rebecca Dye, Chairman 137 Highland Drive Lebanon, Va. 24266
276-889-8000
89-8011
USER AGREEMENT Page| 12
27
ATTtST
(SEAL)
Lonzo Lester County Administrator
APPROVED AS TO FORM:
Katie Paton, County Attomey
COMMONWEALTH OF VIRGINIA, AT LARGE, t0 Wil:
“The foregoing contract was subscribed and acknowledged before me by Rebecca Dye, Chairman of the Russell County Board of Supervisors, Lonzo Lester, County Administator and Katie Paton, Esq, County Attomey, this the day of. 2020 in County, Va
NOTARY PUBLIC (My Commission expites:_ My Registration # 5
USER AGREEMENT. Page| 13
28
PLAN OF OPERATION ~ SOLID WASTE DISPOSAL
- BACKGROUND AND PURPOSE.
‘The Authority’s sold waste management program is being developed on a regional basis
funound, Buchanan, Dickenson, and Russell Counties. The objectives of the Authority’s (Commented {LM1]: be we need the word “amount”? solld wasie management program are to control the eseal waste [Formated: Font olor ed
‘management through the economies of scale brought forth by regionalism, to provide a
Financing mechanism forthe implementation of solid waste management programs through
ing costs of soli
{the sale of revenue bonds, loans and/or grants, to comply with the applicable solid waste
‘managemet
regulations as promulgated by govemmental agencies, to utilize better
existing resources that can be Feasibly and economically developed from the Authority’s
solid waste stream, and to reduce dependence upon landfils given the potential risks of air tnd water pollution. Phase | — Landfills Waste Transportation and Disposal System — In order
to achieve cost effective compliance with new
promulgated federal, state and local
regul private contractors For landfill disposal outside the Authority’ regional boundaries. The Authority’s transportation system witl consist of three (3) solid waste transfer stations
ms, governing landfilling, the Authority has elected to utilize the services of
‘one of which will be located within the boundaries of each participating county. Each ill be sited, designed, permited, owned or leased and operated by the ‘Authority, The transfer stations will serve as a central delivery and unloading point for
transfer stat
authorized ses and esters within he boundaries ofeach parteiatng coun. The Aisposition of waste ito such transfer stains by wers and customers within euch participating county sal be subject to the teams and conditions asset fort in ser sareemeng beeen the patcipaing couniss andthe, Authority. Moreover, the transfer stations will be utilized by the Authority to load acceptable wastes into transportation files for shipment to the private contactor’ Tani, The transportation of solid waste fom each tafe statin to the private contactors landfill will either be handled by the Authority or through contract and/or brokerage arrangements beeen the Authority and private haulers.
PLAN OF OPERATION Page | 3
29
'. Disposal System ANI those pl
- Force Majeure ~ Any cause beyond the reasonable control ofthe Authority, includ
| and facilities owned, leased or operated by the
Authority designed to collect, manage and/or dispose of Solid Waste and those
designed to accomplish recycling andor volume waste reduction by methods other than landfilling DSW and the land, structures vehictes and equipment for use in connection. therewith,
Eqcility ~The Authority’s plants and facitities designed to process PSW and the lan
structures, vehictes and equipment used in connection therewith
but not imited o acts of Go, vars. ot, fre, explosion, wind storm, flod, ands Tabor disputes, inability to obtain or use fel, power raw materials, shortage o ature
of the usual means of transportation, injunction, govemmental action, accident, or
breakdown of machinery oF equipment, shether or not any such occurrence is caused by negligence, active or otherwise. The term “reasonable control shall specifically ‘exclude the ability of the Authority to reach agreement in a labor dispute and that party’s ability (o setter or compromise litigation,
Governmental Contractor ~ Any hauler who or which has in force a contract with a Governmental Customer forthe collection and/or disposal of NPSW or PSW.
). Governmenta] Customer ~ Any Federal or state agency or department, county, ety,
{own oF political subdivision within the Cumberland Plateau Region shall be classified as a Governmental Customer, The Governmental Customer classification shall be applicable only to such politcal subdivisions and Governmental Contractors with \shom such poitcat subdivisions contract for delivery to DSW to the Authority
|. Hazardous Waste ~ A Solid Waste or combination of Solid Waste which, because of
its quantity, concentration or physical, chemical or infectious characteristics may:
(a) cause of significant!y contribute fo an increase in mortality or an inerease in serious imeversible, or incapacitating reversible, ilness; oF (b) pose a substantial present or Potential hazard to human health, the Disposal System, or the environment when improperly treated, stored, transported, disposed of or otherwise managed. The foregoing det “hazardous” by State or Federal agencies (including the United States Environmental
tion js intended to include any waste now or herealer designated as
PLAN OF OPERATION Page 13
al
~-[Commanted (LMI: Thnkthis isa typo~mesnt “ans”?
Formatted: Highlight
(Format iio )
Protection Agency) with jurisdiction and authority to promulgate and enforce eles and regulations forthe handling and disposal of hazardous and other wastes Household DSW or Household Waste ~ Shall mean solid waste material, including ‘garbage, tasch and refuse, normally produced by a single, family residential household
13, Individual User ~ Any in System in privately owned automobile or lw-sde pickup truck (witha bed not more than 20) inches i reserves the right in its sole discretion, to classi} any Individual User who delivers ‘non-household NPSW or PSW, or NPSW or PSW from more than one hovschotd, by means of a privately owned automobile oF low-side pickup truck as « Contract
ual who delivers Household Waste to the Disposal
Fheight) shall be classified as an individual User. The Authority
Customer,
1M, Industrial Waste AM Solid Waste emanating from institutions such as, but not Vimited to, hospitals, nursing homes, orphanages, and public or private schools, including infectious waste from health care facilities and research facilities not classified as Hazardous Waste
15, Non-Processible Solid Waste (NPSW) ~ Solid Waste determined by the Authority to be such that if should not be processed through its Disposal System, which, in the ‘Authority’s discretion, may include, without limitation (a) street sweeping: (b) none
including. non-combustible Construction Waste; © oversized
(dl) tree stumps, logs, brush and combustible Construction Waste which
combustible material, bulky items: exceed eight
nches in thickness or six inches in length; (e) White Goods, large items_
of machinery, motor vehicles, board, engine blocks and si ms; (0) tires, ‘wallboard and other material in unanticipated quantities or proportions which, despite adequate mixing with other waste, inthe reasonable judgement ofthe Authority, will iprocessed, even though the Disposal System is properly designed, constructed and operated: () items that eause any portion of the Disposal System to violate any regulatory permit conditions in normal operation of that portion ofthe Disposal System ‘or (i) cause material damage to any portion of the Disposal System.
16,Person An
ual, corporation, partnership, association, governmental body,
‘municipal corporation or any other legal entity
PLAN OF OPERATION. Page |4
32
{Formatted Not Highlight ~{Fermatteds Not ighight
rated: Hot Highlight
17, Phase 1 Start Up Date - The date the Transfer Station contemplated in Phase { area ready to commence operations.
18, Phase IL. Start Up Date ~ The date on which the Authority’s Renews jhis Users Agreement is teady to continue full operations
19, Processible Solid Waste (PSW) ~ Sc
Authority’s Disposal System, ic, DSW which is other than NPSW.
20, Sanitary Landfill ~ A burial facility permitted and operated in accordance with applicable laws for disposal of putrescibl, biodegradable and other types of waste so
lid Waste which is processible through the
located, designed, constructed and operated to contain and isolate wast that it does not
{o human health or the environment,
pose a substantial present or potential 21, Sludge ~ Any solid, semi-solid or liquid wastes with generated from a public, municipal, commercial or industrial waste water treatment
imilar characteristics and effects
plant, water supply treatment plant, air pollution control facility oF any other waste producing facility
22, Solid Waste - Any garbage, refuse, (rash, brush, Sludge and other discarded material, including solid, liquid, semi-solid or contained gaseous material, resulting from
industrial, commercial, mining and agricultural operations and from community
tctivties and residences, but does include () solid and dissolved materia in domestic sewage, (il) solid or dissolved material in irrigation retum flows or in industrial discharges which are sources subject toa permit from the State Water Control Board,
(ii) source, special nuctear, or by-product material as defined by the Federal Atomic Energy Act of 1954, as amended, ( the Transfer Stations o any fandfill operated by an entity other than the Authority, any other materials not allowed under the permits, licenses und approvals relating to such
to the extent such waste isto be transported from
Jandfll, any other materials not allowed under the permits, licenses and approvals relating to such landfill, or (v) asbestos. 23, Special Waste ~ Any Solid Waste which requires spe
disposal techniques which are different from the techniques normally used for disposal ‘or whieh contain an added element of expense to transport or dispose of as determined
I processing, handling or
hy the Authority or requite approval from any Stwte agency or the Authority. Such Wastes shall include but not be limited to (i) screening and grit from domestic waste
PLAN OF OPERATION Page 15
33
aida
water treatment systems, (i) asbestos, (ii) Zivers, iv) oll spill clean-up. (y) compressed gas eslinders, (vi) contaminated food product, and fabrics requiring
supervised disposal, (vi) discarded non-hazardous, non-liquid chemical wastes, (vii) White Goods, (ix) mining wastes, (x) fly-ash, (si) combustion ash, (xi) ind waste, (xv) liquid wastes, (xvi) infectious wastes or residue, (
pollution control residue, debris or contaminated soil and water from the clean-up ofa spill, and (xviii) ¢ Virginia Department of Waste Management to be Special Wastes. Special prior approval for disposal of Special Waste
any other waste determined by
¢ Authority oF
is required from the Authority andlor appropriate State and Federal regulatory agen
24, Tipping Fee The charge made by the Authority for acceptance and disposal of DSW 1 set forth on the Schedule of Fees attached as Schedule Ut hereto,
25, Transfer Station Any storage or collection facility which is owed, leased or operated
by the Authority as 0 relay point for Solid Waste which ultimately i tobe transferred
toa Sanitary Landfill, The list of Transfer Stations is set forth on Schedule | hereto ies, and any otherpolitical subdivision, jurisdiction or party which is or becomes a member ofthe Authority inthe ‘manner upon terms provided by law and in accordance withthe criteria established by
26, Users Shall mean Buchanan, Dickenson and Russell Cou
the Authority. Except as set forth in the preceding sentence, the term “Users” as herein el Operation in delineating the “classes of customers”. Users will enter into @ user ‘agreement with the Authority for disposal of DSW,
- White Goods ~ Reftigerators, stoves, clothes dryers, washing machines, hot water heaters, window air conditioners, other home appliances or large appliances of similar
ied does not include the term "Governmental Customer” as used in this Plan of
size or character, and waste metal products.
24, Other Definitions Incorporated by Reference ~ Where terms are not defined herein ‘and the context or practice requites definition they shall have the meanings specified
inthe User Agreement or, ifnot found in the User Agreement, in Chapter 24 Title 10 of Code Virginia, 1950, us amended and/oras specified in other relevant statues, and/or Rules and Regulations of the Virginia Department of Waste Management or any
successor ugeney.
PLAN OF OPERATION Page | 6
34
a: Not Nighight )
{ |
Formatted: Font: (Dela Times New Roman, ¥2 pt
| —_____ Formatted: Numbered + Level 1+ Numbering Style: | 2:30 + Staaa.t + Algnment Le + Aigned at OS" $ Inde
PROCEDURES iso of Facilities ‘The right o dispose of PSW and NPSW atthe Transfer Stations is granted tothe Users, and may be granted to other persons, including Federal, state of local Governmental Customers as a specific class or as Contract Users, under terms and conditions ‘acceptable to the Authority, and on the terms and conditions of this Plan of Operation, The use of the Disposal System shall, at allies, be governed by rules and regulations 1s may be adopted by the Authority and incorporated in this Plan of Operation livery Points - Hours of Operatio Prior to the Phase It Start-Up Date, DSW (including PSW and NPSW) will be received tat the Transfer Stations (Phase 1) and at such additional Yocations as designated by the Authority. After the Phase If Start-Up Date. PSW and NPSW will be received at the ‘Transfer Station (and other locations designated by the Authority)
‘The hours of operation forreceiving NPSW and PSW at each location prior wo the Phase 1 Stan-Up Date are as follows:
Hours of Operation
Location Monday — Friday Saturday Holidays Sundi
Transfer 8:00 am 8:00 om (as necessary at
Stations to ry all locations) 4:00 pm 12:00 Noon
‘The Transfer Stations will be closed on:
‘New Year’s Day Memorial Day
{Independence Day The Transfer Stations will be operated on the Saturday schedule on: Pccafont’s May Grerge-Abashingtonts Bishi
PLAN OF OPERATION. Page 17
35
‘Memorial Day bor Day Veteran’s Day Christmas Eve Now Year’s Eve
In addition, holidays and operating hours may be varied from tine to time by the ‘Authority. Notices wll be posted at he main entrance tothe Transfer Stations advising users of observed holidays, regular operating hours and any special operating hours. Notices of holiday closings oF reduced hours will be posted at least one week in axlvane ofthe holiday to be observed. Such other notice or notices as the Authority dems proper may be given,
‘The Authority will not wccept any Hazardous Waste, and will accept NPSW and PSW ‘only in accordance with the delivery terms and conditions hereunder, The Authority
retains the right to disallow the disposal of DSW trom Users, Contract Users, Governmental Customers or Governmental Contractors, or any other customers or users who or which have filed to pay the Authority’s Tipping Fees.
Special Wastes shall be accepted only upon written authorization of the Authority and, itrequire, by an appropriate official of any applicable regulatory agency. Such written
authorization, ns, manner, method and place (if any) for acceptance of the same by the Authority,
All reasonable attempts will be mack to rejet unacceptable waste before itis deposited, ery nevertheless seek to have the sume accepted by the Authority for disposal, then it shall
given for the disposal of such Special Waste, shall outline the
Should the Authority rj
‘any waste, and the Person delivering or causing its de bbe incumbent upon the Person seeking its acceptance to establish tothe satisfaction of the Authority thatthe same is acceptable under the Authority’s rules and regulations for disposal by the Authority.
Respons
ly for the grades or categories of waste delivered to the Authority rests
the User, Contract Customer, Governmental Customer, Govemmental Contractor, Individual User of Person delivering the same, and Hazardous Waste or unacceptable Waste so delivered, if inadvertently accepted by the Authority, shall be removed
PLAN OF OPERATION Page | 8
36
immediatly bythe Person delivering or causing delivery thereofat such Person’s sole espense, Any’ sich material not immediatly removed by such Person air writen sotice may be removed hy the Authority and cost therefor shal be recoverable bythe le Viotthe Autoriy’s User Agreement sll, i appliable, als apply, (Article VI of the User Agreement is tied “Title o Solid Waste: Lablyfor Solid Was") D. Unit of Measures= Soles A vehicles wil be weighted withthe diver aboard, All vehicles leaving willbe les the vice far based upon the diference between he wo weighs cas at any receiving locaton are not available for any reason, the charge wil be bast on the average amount of
‘Authority ftom such Person. In addition, the provisions of Ai
Weighed a second time,
ights are known. Charges will be
Solid Waste recived per vehicle when dumping record for such vehicle forthe six (6) fall months immediately preceding are available, oF when such records are not available, wil be based on the average amount of Solid Waste received per vehicle of like size and/or compaction rato
The drives of each vehicle wil be given statement after each fod is delivered showing the weight of material delivered, the date, time and delivery point, identification twumber of Authority represent
receiving the same, and the Tipping Fee. The ‘method of collecting the Tipping Fee is specified in Section LV for each class of User, Contract Customer, Governmental Customer, Governmental Contractor, Individual User or any other person using the Authority’s E, Other Units of Mensure
Anything herein to the contrary notwithstanding, the Authority may designate prades ‘oreategories of DSW which will be meastred upon receipt by the Authority by number \
‘of units or by means other than by weight. The drivers of each vehicle delivering such J
posal System,
‘Commented [RCS] Do we vant abe abe test nidesor categortes owt este eve tpl every yo totale change bated pon {eumstare that have nen
grades colgories of waste will be glvena statement showing theamount of material
dumped, the date, time and detivery point, identification number of Authority representative receiving the same, and the Tipping Fee.
IV, CLASSES OF CUSTOMERS
PLAN OF OPERATION Page |9
37
‘A, User. Rates or fees for Users shall apply fo Users and any person with whom the User ‘may contract for collection and delivery of such User’s DSW tothe Authority, provided the User gives the Authority written notice that such person is acting by and on behalf of the User, and provided further that the person acting for the User is required to deliver afl of the User’s DSW to the Author Authority of any changes occasioned by modification or termination ofits agreement With the person delivering its waste. Monthly invoices will be sent to the User (Buchanan, Dickenson, and Russell Counties) by the Authority, Any’ person delivering. DSW for a User must furnish to the Authority evi
y for disposal. The User shall notify the
fence of insurance coverage accordance withthe requirements of Virginia law,
B. Governmental Contractor - A contractor may, during the period such contract isin effect, and upon written notice received by the Authority from the Governmental Customer, be classified as a Governmental Contractor. The Governmental Customer shall notify the Authority in writing of the estimated monthly tonnage to be delivered to the Authority by the Governmental Contractor and shall notify the Authority of any changes occasioned by modifications or termination of such contract between the Governmental Customer and the Governmental Contractor. Monthly invoices will be
sent tothe appropriate User by the Authority forall Governmental Customers and ty for payment tothe Authority sholl west in all cases upon the Usee. Governmental Contractors shall furnish to the
Governmental Contractors, and ultimate responsi
Authority evidence of insurance coverage in accordance with the requirement of the Jas ofthe Commonwealth of Virginia,
Contract Customer ~ [Any customer of the Disposal System may apply to the
7 [Formatted ot Higiight
Formatted: ot Hhight 7}
Formatted: ghight
Authority to be classified as a Contract Customer. Contract Customers shall furish to the Authority evidence of insurance coverage in accordance with the requirements of the Jaws of the Commonwealth of Virginia and such other requirements as the Authority: may specify, Any Person who delivers NPSW and PSW to the Disposal System other than a User, Govemmental Customer, Goveramental Contractor or Individual User shall be deemed Contract Customer. Monthly invoices will be sent 10 the appropriate User by the Authority for all Contract Customers and ultimate esponsibility for payment shall rest in all eases upon the Users|
PLAN OF OPERATION Page 1310
3Y
_/| Commented {LM6}: wy would the coontes be | responce for pv the cares to contactors?
vi.
«Fees ~ Fees shall be charged in accordance with Fee Schedules adopled by the
Individual Users ~ Unless a schedule-therafore is adopted by the Authority, no fee
shall be charged to Individual Users. Special Waste shall not be classified as Household
‘Waste forthe purpose of the Section, and shall be subject 1 handling as provided in Section Il, C. ofthis Plan of Operation. The Authority reserves the right, in its sole discretion, to classify any Individual ser who delivers non-household NPSW or PSW, or NPSW of PSW fom more than one housshold, by means of « privately owned ‘automobile oF low-side pickup truck as n Contract User, Monthly} invoices will be sent 10 the appropriate User by the Authority for all Individual Users and ultimate \
responsibility for payment shal rest in all eases upon the Uses, FEES
Authoriy in aecordance with the applicable provisions of the Virginia Waste and Formed: Habit
Sewer Authorities Act and User Agreement. Fees will not necessarily be uniform among classes of eustomersThe Fe Schedules altace as Scheduled I hereto] (commented mo} wm
volees for Serves ~ Invoies for service to Users, base on prior arrangements, | Formatid hight Fermatied: Wghight
shall be provided @ monthly eycte within ten (10) days after the end ofeach monthly
billing period. Such invoices shall reflect the total tonnage received by the Authority
during the billing period from the User being invoiced, and such other information as
invoices shall be due and payable without
‘offset on the last day of the billing period covered by the invoice. Overdue invoices
shall bear interest al the rate of one and one-half per cent {1-1/2%4) per month on the —~[Fermated:tighight - }
unpaid principal balance until paid in full, a
REVISIONS
Revisions to this Plan of Operation may be made atthe sole discretion of the|Aulhori
Notice of proposed revisions will be given by regular mal to Users, Governmental
the Authority determines to be proper.
‘Commented [LMIO} Seems te veryhighinierestate the hho chang
Formatted: High ght
Commented MCI}: Hotastandng a forma dcaraton of emereney, th pla of operon shal et be ‘mndedaraleredvteut the aprovl ofa Ur, TH tlanof operation stab revived and approved easy bythe User Ary suggested changes bythe Authority sal be provided ia Uvers ols than 30 days prt the
ror ate. Revs requested between nal {evens alla eqs the Auhory to prove nti to Ur 20s pr taper
‘Commented LMTERTT: Aree compete
Customers, and Governmental Contractors atthe address shown on the books of the ‘Authority, and shall be posted at each Transfer Station at least ten (10) days prior to ‘adoption ofa revision by the Authority; provided that upon declaration ofthe existence mn and
‘ofan emergency by the Authority, the Authority, may revise the Plan of Oper
Schedule of Fees without having provided such notice
PLAN OF OPERATION. Page [12
39
CONFLICT BETWEEN THIS PLAN AND THE USER AGREEMENT Inany case of conflict between the terms or provisions ofthis Plan of Operation, as the
same may be modified from time 10
i, andthe terms and provisions of the User ‘Agreement the rms and provisions of the User Agreement shall prevail
Adopted 20202018
PLAW OF OPERATION Page [12
Russell County Health & Fitness
Membership 2019 2020 October | November | December | January | February | March April | May | June | July [August] Sept Members / Class Packages 169) 184 19 223 237] 2065 yas] 33215677] 3 £m) Pay Per Class 2 3 3 3 2 5 a 4 3 4 7 [Total Engagement Fiz a7) 135; 231] Fer) 2a aae| 332) 360] ase] __a67 156 Sales Sales Month to Date * $398.00[ $1,069.00 $752.00] $1,23350] $1,305.75] $890.75] S = [s = [s 338.00 [$1346.25] $542.00] $225.09 Silver Sneakers $227.50] $252.50] $215.00] $205.00] $142.00 $261.50| $ =~ [s = [s- J s92.sol $222.50] $124.50] Renew Acitve $131.20] $172.80] § = |s = [s = s8s.40|$128.00[ $99.20] [Total Sales 362550] $4,321.50 $967.00] $3,43650[ $1,578.95] $1,325.05] § ~[s = Ts 339.00 [$1,438.75| $792.50] $448.79 Payroll Instructor /Trainer Payroll] $810.00] $1,035.00], $990.00] $735.00] $1,245.00] __ $1,110.00] $300.00] $0.00] $240.00] $2,005.00] $1,065.00] _$825.00|
- Reporting from 8/25/20 to 9/28/20
- SALES NOW REFLECT CASH AND CHECKS COLLECTED BY THE FITNESS CENTER ONLY *
JAN FEB MARCH APRIL MAY JUNE JULY AUG SEPT OCT NOV DEC TOTAL Month Avg % LEBANON 121.37 119.25 166.82 177.61 166.55 161.45 184.48 159.98 157.08 1414.59 157.18 15.81% RADIO STATION 53.01 50.78 51.06 88.91 91.71 82.23 98.81 97.31 84.18 698.00 77.56 7.80% HAMLIN 65.15 64.78 132.81 157.45 135.04 155.75 149.40 140.38 135.99 1136.75 126.31 12.71% MOCASSIN 48.59 42.02 51.31 53.25 51.94 47.01 45.77 54.16 38.18 432.23 48.03 4.83% DOGTOWN 60.37 73.68 78.48 111.22 85.61 90.36 88.85 92.59 78.99 760.15 84.46 8.50% BELFAST 93.39 51.04 92.85 106.55 115.92 115.71 105.59 93.92 110.74 885.71 98.41 9.90% BLACKFORD 48.27 28.95 54.20 81.83 59.57 62.43 76.25 56.65 66.57 534.72 59.41 5.98% CARBO 40.48 40.33 90.01 102.68 105.82 103.46 19.36 502.14 71.73 5.61% CLEVELAND 24.47 37.36 45.69 107.52 35.84 1.20% FLATROCK 100.27 79.90 127.85 177.20 168.09 166.25 165.72 147.98 144.95 1278.21 142.02 14.29% FINNEY 32.97 29.05 34.18 35.26 37.27 34.74 35.20 45.94 33.89 318.50 35.39 3.56% SWORDSCREEK 73.47 57.73 94.08 116.05 102.34 115.49 116.07 109.99 91.22 876.44 97.38 9.80% Total Tons 737.34 637.51 973.65 1208.01 1119.86 1134.88 1109.97 1036.26 987.48 8944.96 993.88 2019 Tons 752.92 661.84 740.69 856.36 841.97 779.48 882.57 774.21 733.39 801.41 649.21 815.94 9289.99 774.17 2018 Tons 684.04 622.46 730.93 789.20 865.32 783.50 811.93 851.50 703.08 785.71 758.04 688.06 9073.77 756.15 2017 Tons 656.45 616.84 740.53 682.00 836.71 789.31 755.54 812.25 714.43 714.43 722.52 649.91 8690.92 724.24 2016 Tons 606.64 690.79 871.51 789.44 826.49 821.73 716.31 839.51 714.30 755.01 639.35 747.31 9018.39 751.53 2015 Tons 671.00 546.05 875.74 915.91 868.90 833.09 970.82 839.73 835.15 729.42 694.49 850.12 9630.42 802.54
RUSSELL COUNTY SITE TONNAGE REPORT FOR 2020
RUSSELL COUNTY SITE TONNAGE REPORT FOR 2020
TAN FEB MARCH APRIL-MAY ‘JUNE ‘JULY AUG ~——=SSEPT.—=COCT—=NOV—~iDEC ‘(TOTAL _[MonthAva | % LEBANON. 12137 119.25 16682 177.61 166.55 161.45 184.48 159.98 157.08 141459] 157.18) 15.81%) RADIOSTATION | 53.01 50.78 51.06 88.91 «SL.71—««8223« «9881 ««97.31 4.18 698,00] 77.56| 7.80% HAMLIN 65.15 64.78 «132.81 1574513504 155.75 149.40 140.38 135.99 1136.75] 126.31] | 12.71%| IMOCASSIN 4359 42025131 53.25 S194 47.01 45.77 58.16 38.18 432.23] 48.03 4.83% DOGTOWN 6037 7368 «7848 «11122-8561 90.36. «BBBS «92.59 78.99 760.15] 84.46| 8.50% BELFAST 9339 51.04 92.85 10655 115.92 115.71 10559 9392 110.74 385.71| 98.41] 9.90% BLACKFORD 4327 2895 54.20 «1.835957 6243.76.25 56.65 66.57 53472| s9.ai| 5.98% |caRBO 40.48 40.33 «90.01 «10268 105.82 «103.45 «19.36 502.18] 71.73] 5.61%| ICLEVELAND 24.47 3736 45.69, 10752] 35.84] 1.20% FLATROCK 10027 79.90 127.85 177.20 16809 165.25 165.72 147.98 144.95 1z7a21] 142.02] 14.29%| FINNEY 3297 2905 3418 «35.26 «37.27 «34.74 35,20 45.98 33.89 31850] 35.39] 3.56% lsworpscreeK | 73.47 57.73 94.08 11605 1023411549 __-116,07__10999 91.22 876.44] _97.38| 9.80% [Total Tons 737.34 637.51 973.65 1208.01 1119.86 1134.88 1109.97 1036.26 _ 987.48 3944.96 | 993.88] [2019 Tons 752.92 661.84 740.69 856.36 841.97 779.48 882.57 774.21 733.39 80141 649.21 815.94 | 9289.99 | _774.17| 12018 Tons 684.04 622.46 730.93 789.20 865.32 783.50 811.93 851.50 703.08 785.71 758.04 688.06 | 9073.77| —_756.15| 12017 Tons 656.45 616.84 74053 682.00 836.71 789.31 755.54 812.25 714.43 714.43 722.52 649.91 | 8690.92 | —_724.24| 12016 Tons 606.64 690.79 87151 789.44 826.49 821.73 716.31 839.51 714,30 755.01 639.35 747.31 | 9018.39 —_751.53| [2015 Tons 671.00 546.05 875.74 __915.91__868.90 833.09 970.82 839.73 835.15 729.42 694.49 __ 850.12 | 9630.42 | _802.54|
Authorization - Minutes BOS.pdf
SUGGESTED MOTION(s):
Authorization - Expenditures.pdf
SUGGESTED MOTION(s):
Board Appointments.pdf
Staff Recommendation:
Presentations - Attorney.pdf
Meeting: 10/5/20 6:00 PM
Staff Recommendation:
Suggested Motion:
Presentations - Attorney.pdf
Meeting: 10/5/20 6:00 PM
Staff Recommendation:
Suggested Motion:
Reports1.pdf
Meeting: 10/5/20 6:00 PM
STAFF RECOMMENDATION(s):
SUGGESTED MOTION(s):
Tim Highway Safety Application.pdf
Page 1
RC CARES Fund Account Balance .pdf
Sheet1