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2021-03-01 18 00-Russell BOS-Regular Meeting-Packet
Document Date: March 1, 2021 Document: 2021-03-01_18_00-Russell_BOS-Regular_Meeting-Packet.pdf
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Agenda Board of Supervisors March 1, 2021
Russell County Page 1
RUSSELL COUNTY
BOARD OF SUPERVISOR’S MEETING
AGENDA – MARCH 1, 2021
BOS Board Room Regular Meeting 6:00 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 and amended on September 8, 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
INVOCATION – Chairperson
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
APPROVAL OF AGENDA
PRESENTATIONS
Debbie Milton – CPPD – Belfast Waterline Extension Project, Phase III Resolution
Deputy Sheriff Cuba Porter & Mickey Rhea – RC Litter & Unsafe Building Reports
Sharon Rice, VT Cooperative Extension Agent – Family & Consumer Sciences
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 February 8, 2021
Agenda Board of Supervisors March 1, 2024
RUSSELL COUNTY
BOARD OF SUPERVISOR’S MEETING AGENDA - MARCH 1, 2021
BOS Board Room Regular Meeting 6:00 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 and amended on September 8, 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
INVOCATION — Chairperson
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
APPROVAL OF AGENDA
PRESENTATIONS
- Debbie Milton - CPPD — Belfast Waterline Extension Project, Phase Ill Resolution
- Deputy Sheriff Cuba Porter & Mickey Rhea — RC Litter & Unsafe Building Reports
- Sharon Rice, VT Cooperative Extension Agent — Family & Consumer Sciences
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 February 8, 2021
Russell County Page 1
Agenda Board of Supervisors March 1, 2021
Russell County Page 2
- Approval of Expenditures. Consider approval of expenditures presented
for payment………………………………………………………………………………A-2CITIZEN’S COMMENT PERIOD (Limited to 3 minutes)
CONSTITUTIONAL OFFICER REPORTS AND REQUESTS
COUNTY ATTORNEY REPORTS AND REQUESTS…………………………………………B-1
CPRWMA Manpower Agreement
Continuity of Government Ordinance Renewal
Coordinator of Emergency Management Job Description
RC Litter Ordinance - Proposed Changes
COUNTY ADMINISTRATOR REPORTS AND REQUESTS
REPORTS
Dante & Hamlin Trash Disposal Center……………………………………………….C-1
Fiscal Year 21/22 Budget Meeting Schedule………….………………….…………C-2
REQUESTS
CARES Broadband Fund – Point Broadband – Flats Project……………………C-3
VBCOA Conference (Virtual) – Bridgett McGlothlin………….…….………………C-4
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 • RC Conference Center……………………………………………………………………I • RC Transportation & Safety……………………………………………………………J
Agenda Board of Supervisors March 1, 2024
- Approval of Expenditures. Consider approval of expenditures presented for payment…
CITIZEN’S COMMENT PERIOD (Limited to 3 minutes) CONSTITUTIONAL OFFICER REPORTS AND REQUESTS
COUNTY ATTORNEY REPORTS AND REQUESTS.
- CPRWMA Manpower Agreement
- Continuity of Government Ordinance Renewal
- Coordinator of Emergency Management Job Description
- RC Litter Ordinance - Proposed Changes
COUNTY ADMINISTRATOR REPORTS AND REQUESTS REPORTS
- Dante & Hamlin Trash Disposal Center…
- Fiscal Year 21/22 Budget Meeting Schedule…
REQUESTS
CARES Broadband Fund - Point Broadband — Flats Project…
VBCOA Conference (Virtual) — Bridgett McGlothlin…
MATTERS PRESENTED BY THE BOARD ADJOURNMENT COUNTY AGENCY / BOARD REPORTS:
Treasurer’s Report. RC IDA… RC PSA … RC Tourism RC Planning Commission . RC Conference Center… RC Transportation & Safety.
Russell County Page 2
Agenda Board of Supervisors March 1, 2021
Russell County Page 3
• RC Cannery Report.………………………………………………………………………K • RC Building Inspector……………………………………………………………………L • RC Disposal……………………………………………………………………………….M
Agenda
RC Cannery Report…
- RC Building Inspector
- RC Disposal…
Board of Supervisors March 1, 2021
Erk
Russell County
Page 3
Russell County Government Center
137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011 www.russellcountyva.us
Board of Supervisors Information Item
137 Highland Drive Presenters - Various Lebanon, VA 24266
Meeting: 3/1/21 6:00 PM
Presentations
-
Debbie Milton – CPPD – Belfast Waterline Extension Project, Phase III Resolution
-
Deputy Sheriff Cuba Porter & Mickey Rhea – RC Litter & Unsafe Building Reports
-
Sharon Rice, VT Cooperative Extension Agent – Family & Consumer Sciences
Staff Recommendation:
Presentation – Informational Only.
Suggested Motion:
Board Discretion.
ATTACHMENTS: • Various
Board of Supervisors Information Item 137 Highland Drive Presenters - Various Lebanon, VA 24266
Meeting: 3/1/21 6:00 PM
Presentations
- Debbie Milton - CPPD — Belfast Waterline Extension Project, Phase Il! Resolution
- Deputy Sheriff Cuba Porter & Mickey Rhea — RC Litter & Unsafe Building Reports
- Sharon Rice, VT Cooperative Extension Agent - Family & Consumer Sciences Staff Recommendation:
Presentation — Informational Only.
Suggested Motion:
Board Discretion.
ATTACHMENTS:
- Various
Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us
Russell County Virginia “The Heart of Southwest Virginia”
Oris Christian David Eaton At-Large District 4
Lou Ann Wallace Rebecca Dye, Chairperson Steve Breeding District 2 District 6 District 5
Carl Rhea Tim Lovelace, Vice-Chairman Lonzo Lester District 3 District 1 County Administrator
Russell County Government Center 137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011
RESOLUTION
WHEREAS, Russell County, Virginia has as its primary objective the provision of adequate water facilities; and
WHEREAS, the County wishes to apply for Virginia Community Development Block Grant funds in the 2021 Grant funding cycle; and
WHEREAS, the title of the County’s grant project is the Belfast Waterline Extension Project, Phase III; and
WHEREAS, the County is requesting $1,000,000 Virginia Community Development Block Grant Funds; and
WHEREAS, the County has obtained $172,550 in additional funds for this project through SW W/WW ($72,550 – Committed) and CWDF ($100,000- Committed) for a total project cost of $1,172,550; and
WHEREAS, 50 households representing 70 LMI persons (or 53%) will be served; and
WHEREAS, two public hearings have been advertised and properly conducted and one other form of public notice and necessary assurances executed; and
NOW, THEREFORE BE IT RESOLVED, that the Russell County Board of Supervisors authorizes the submission of this grant proposal in the amount of $1,000,000 to the Virginia Department of Housing and Community Development for the Belfast Waterline Extension Project, Phase III and designates the County Administrator as its representative to sign all documents pertaining thereto.
This 1st day of March 2021.
___________________________
Chairperson
Russell County Board of Supervisors
Russell County Virginia
“The Heart of Southwest Vi ia” ris Christian David Eaton At-Large District 4 Lou Ann Wallace Rebecca Dye, Chairperson Stove Breeding District 2 District 6 District 5 Carl Rhea Tim Lovelace, Vice-Chairman Lonzo Lester District 3 District 1 Gounty Administrator
RESOLUTION
WHEREAS, Russell County, Virginia has as its primary objec adequate water facilities; and
¢ the provision of WHEREAS, the County wishes to apply for Virginia Community Development Block Grant funds in the 2021 Grant funding cycle; and
WHEREAS, the title of the County’s grant project is the Belfast Waterline Extension Project, Phase II; and
WHEREAS, the County is requesting $1,000,000 Virginia Community Development Block Grant Funds; and
WHEREAS, the County has obtained $172,550 in additional funds for this project through SW W/WW ($72,550 — Committed) and CWDF ($100,000- Committed) for a total project cost of $1,172,550; and
WHEREA:
(0 households representing 70 LMI persons (or 53%) will be served; and
WHEREAS, two public hearings have been advertised and properly conducted and one other form of public notice and necessary assurances executed; and
NOW, THEREFORE BE IT RESOLVED, that the Russell County Board of Supervisors authorizes the submission of this grant proposal in the amount of $1,000,000 to the Virginia Department of Housing and Community Development for the Belfast Waterline Extension Project, Phase III and designates the County Administrator as its representative to sign all documents pertaining thereto.
This 1° day of March 2021.
Chairperson Russell County Board of Supervisors
Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us
ATTEST:
Clerk Russell County Board of Supervisors
ATTEST:
Clerk Russell County Board of Supervisors
Status Report for February 2021 Accompanied by Mickey Rhea, Russell County Building Official
4478 Red Oak Ridge Rd. Castlewood, Va. 24224
James D. Ratliff 4982 Mew Rd Castlewood, Va. 24224
The above property was inspected and it found to be out of compliance with the Russell County litter ordinance. I attempted to make contact with owner of the property, but no one appeared to be home. I left a notice to contact me in the door of the residence. I will follow up if I do not get a response from the homeowner within the next few days.
Phyllis Shields
108 Delph Street
Castlewood, Va. 24224
I inspected the above property and found that the resident is out of compliance with the Litter ordinance. I spoke with the owner and issued a 2 Week notice for the resident to clean up the
property. I will revisit this property at the end of the 2 weeks and determine if progress has been made. I also gave the resident a copy of the Litter Ordinance.
RUSSELL COUNTY SHERIFF’S OFFICE
P.O. Box 338 Phone (276) 889-8033 79 Rogers Avenue Lebanon, VA 24266 [email protected] Fax: (276) 889-8203
Steve Dye, Sheriff
2 RUSSELL COUNTY SHERIFF’S OFFICE
P.O. Box 338 Phone (276) 889-8033 79 Rogers Avenue Lebanon, VA 24266 [email protected] Fax: (276) 889-8203
Steve Dye, Sheriff
Status Report for February 2021
‘Accompanied by Mickey Rhea, Russell County Building Official
4478 Red Oak Ridge Rd. Castlewood, Va. 24224
James D. Ratli 4982 Mew Rd Castlewood, Va. 24224
The above property was inspected and it found to be out of compliance with the Russell County litter ordinance. | attempted to make contact with owner of the property, but no one appeared to be home. | left a notice to contact me in the door of the residence. | will follow up if | do not get a response from the homeowner within the next few days.
Phyllis Shields 108 Delph Street Castlewood, Va. 24224
linspected the above property and found that the resident is out of compliance with the Litter ordinance. I spoke with the owner and issued a 2 Week notice for the resident to clean up the property. | will revisit this property at the end of the 2 weeks and determine if progress has been made. | also gave the resident a copy of the Litter Ordinance.
3282 Dante Rd., Dante, Va. 24237
I inspected this property in reference to appliances piling up next to the roadway. Upon inspection the owner of the business is in compliance with the Litter ordinance at this time. I will follow up with this property and make sure the owner stays in compliance.
Junior and Irene Lewis Lewis Property Dante, Va.
This property was inspected in reference to a complaint that trash is being thrown in the creek. Upon inspection the residence is clear of trash and debirs. There was a small amount of trash in
the creek next to the drain pipe. I believe this could be due to water run off from the mountain. I will continue to evaluate this property to ensure that the resident is not dumping trash into the
creek.
Gene Couch Memorial Drive Castlewood, Va. 24224
I inspected this property and the property appears to be in compliance with the litter ordinance at this time. The property appears to have had feel dirt put in place. There is some brush located at this site but it is small trimmings.
Deputy C Porter
Russell County Sheriffs Office
3282 Dante Rd., Dante, Va. 24237
| inspected this property in reference to appliances piling up next to the roadway. Upon inspection the owner of the business is in compliance with the Litter ordinance at this time. | will follow up with this property and make sure the owner stays in compliance.
Junior and Irene Lewis Lewis Property Dante, Va.
This property was inspected in reference to a complaint that trash is being thrown in the creek.
Upon inspection the residence is clear of trash and debirs. There was a small amount of trash in
the creek next to the drain pipe. | believe this could be due to water run off from the mountain. |
will continue to evaluate this property to ensure that the resident is not dumping trash into the creek.
Gene Couch Memorial Drive Castlewood, Va. 24224
| inspected this property and the property appears to be in compliance with the litter ordinance at this time. The property appears to have had feel dirt put in place. There is some brush located at this site but it is small trimmings.
Deputy C Porter
Russell County Sheriffs Office
Address Property Owner
4478 Red Oak Ridge Rd.Castlewood, VA 24224
Warren & Lesha Kiser
4982 Mew Rd Castlewood, VA 24224
James D. Ratliff
2625 Banner St. St. Paul, VA 24283
Beecher Mays & Brenda Hammons c/o Connie Jessee
106 Talbert St. Shirley McBride 2637 Castlewood, VA24224 —_Pauladale Dr. Macon, GARI211
Winchester Hotel Timmy or Kristy Lee 14414 Marshalls Retreat Rd. St. Paul,
VA 24283
Washers and Dryers~Sun 3282 Dante Rd. Dante, VA 24283,
Dilapidated Structure and Litter Reported Sites
Tax Map
158.R SB 1831
156 LIA 336
157 LIB 3294
156 RE 3149
157 RSA 1767
158 RSC 21214,
Comments
2/19/2021: Site observation with R.C. S. 0. — No improvements to site. Recommended to proceed with legal action, if R.C.8.0.S approves,
2/19/2021: Site Observation with R.C.S.0. Itis determined that this site is under the enforcement of the Litter Ordinance by the Russell County Sheriffs Office
2/19/2021: Site Observation with R.C.S.0. Notification of corrections to be completed, to be sent to property owner.
2/19/2021: Site Observation with R.CS.O. It is determined that this site is under the enforcement of the Litter Ordinance by the Russell County Sheriffs Office
2/19/2021: Site Observation with R.CS.O. Notification of corrections to ‘be completed, to be sent to property owner.
2/19/2021: Site Observation with R.CS.O. R.CS.O. determined site was compliant.
Lewis Property-Dante
Gene Couch-Memorial
Drive
Gobble - (Trailer)
Tim & Rendy Hale
Junior & Irene Lewis Box 222 Dante, VA 24237-222
Gene Couch P.O. Box 734 Castlewood, VA 24224
Billy Wayne Mary Elizabeth Gobble P.O. Box 519 Castlewood, VA 2424-399
192 Lower Bear Wallow Dante, VA 24273
159 RID 2298
156 RIR2
138 R 2328 82
159 RIB 2189
2/19/2021: Site Observation with R.CS.O.
2/19/2021: Site Observation with R.CS.O.
2/19/2021: Site Observation with R.C.S.0- Notice to be sent to property owner.
Russell County Building Dept. and R.C.S.0 will re-visit site to. determine corrective action to be taken.
Virginia Cooperative Extension Russell County Office 143 Highland Drive
P.O. Box 697 VIRGINIA TECH. Lebanon, Virginia 24268 276-889-8056 Fax: 276-889-8075 stice@vLedu
hitodiofices ext v.edurussel
Sharon Rice NEW Extension Agent — Family and Consumer Sciences Working Russell / Tazewell Counties (50/50)
Biography:
Tam a Southwest Virginia native, and | have 17 years of experience in public health nutrition and wellness. | have been employed with Virginia Cooperative Extension for five years. Before | transferred to my current position, | was a Family & Consumer Sciences SNAP-Ed Extension Agent, and | provided nutrition education for eight counties in Southwest.
Upcoming Educational Opportunities: | plan to provide the following programs for community members: « Instant Pot classes
- Home Food Preservation Programs © Food Demonstrations at the Farmers Market © Healthy Kids Bucks Program
- ServSafe and ServSafe Food Handler Trainings
- Master Food Volunteer Program
- Family Financial Management © Evidenced-Based Nutrition Education for youth and adults ‘© Type 2 Diabetes Prevention Program (in-person and remote)
- Community events in partnership with the Russell County Health Coalition
I’m genuinely excited about my new position, and I’m looking forward to serving the
community members in Russell and Tazewell counties.
Virginia
VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY Ae
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Board of Supervisors Action Item B-1
137 Highland Drive Presenter: Chairperson Lebanon, VA 24266
Meeting: 3/1/21 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:
• February 8, 2021 Board Minutes
STAFF RECOMMENDATION(s): Board discretion
SUGGESTED MOTION(s): Motion to approve Board Minutes.
ATTACHMENTS:
• Board Minutes
Board of Supervisors Action Item B-1
137 Highland Drive Presenter: Chairperson Lebanon, VA 24266 Meeting: 3/4/21 6:00 PM
Approval of Minutes
Request approval of the minutes from the following meeting: « February 8, 2021 Board Minutes
STAFF RECOMMENDATION(s): Board discretion
SUGGESTED MOTION(s): Motion to approve Board Minutes.
ATTACHMENTS:
- Board Minutes
Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us
February 08, 2021
A regular monthly meeting of the Russell County Board of Supervisors was held on Monday, February 08, 2021 beginning at 5:00 pm with Executive (closed) Session followed by the regular meeting at 6:00 pm at the Russell County Government Center in Lebanon, Virginia.
The Clerk called the meeting to order.
Roll Call by the Clerk:
Present:
Tim Lovelace
Lou Wallace
Carl Rhea
David Eaton
Steve Breeding
Rebecca Dye
Oris Christian
Lonzo Lester, Clerk
Vicki Porter, Deputy Clerk
Katie Patton, County Attorney
Absent: None
EXECUTIVE (CLOSED) SESSION
Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to enter into Executive (closed) Session pursuant to Section 2.2-3711(A), (1), (7) and (8) of the Code of Virginia to discuss personnel issues and legal matters concerning the Russell County Courthouse Interim Agreement.
The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Carl Rhea, Rebecca Dye, Lou Wallace and Oris Christian Nay: None
APPROVAL TO RETURN TO REGULAR SESSION
Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to return to regular session.
The vote was: Aye: Steve Breeding, Tim Lovelace, David Eaton, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None
February 08, 2021
‘A regular monthly meeting of the Russell County Board of Supervisors was held on Monday, February 08, 2021 beginning at 5:00 pm with Executive (closed) Session followed by the regular meeting at 6:00 pm at the Russell County Government Center in Lebanon, Virginia.
The Clerk called the me
3g 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
EXECUTIVE (CLOSED) SESSION
Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to enter into Executive (closed) Session pursuant to Section 2.2-3711(A), (1), (7) and (8) of the Code of Virginia to discuss personnel issues and legal matters concerning the Russell County Courthouse Interim ‘Agreement.
The vote was: ‘Aye: Steve Breeding, David Eaton, Tim Lovelace, Carl Rhea, Rebecca Dye, Lou Wallace and Oris Christian Nay: None
APPROVAL TO RETURN TO REGULAR SESSION
Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to return to regular session.
The vote was: ‘Aye: Steve Breeding, Tim Lovelace, David Eaton, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None
CERTIFICATION OF EXECUTIVE (CLOSED) SESSION
Pursuant to § 2.2-3712(D) of the Code of Virginia 1950, as amended each member of the Board of Supervisors upon the Roll Call certifies that to the best of their knowledge (I) only public business matters lawfully exempted from the open meeting requirements under the Virginia Freedom of Information Act and (ii) only such public business matters that were identified in the motion(s) by which the closed meeting was convened were heard, discussed, or considered in the meeting by the Board of Supervisors.
Any member of the Board of Supervisors who believes that there was a departure from the requirements of clauses (I) and (ii) above shall so state prior to the vote, indicating the substance of the departure that, in his or her judgment, has taken place.
Are there any who believe a departure has taken place? Seeing none, if you agree that the matters heard, discussed, or considered during the closed meeting were pursuant only to the motion(s) by which the closed meeting was convened, please signify by saying aye or yes.
Tim Lovelace – AYE Lou Wallace – AYE Carl Rhea – AYE David Eaton – AYE Rebecca Dye - AYE Steve Breeding – AYE Oris Christian – AYE
Invocation by Chair Rebecca Dye, followed by the Pledge of Allegiance to the Flag.
APPROVAL OF THE AGENDA
Motion made by Steve Breeding, second Oris Christian and duly approved by the Board of Supervisors to approve the agenda as amended.
The vote was: Aye: Steve Breeding, Oris Christian, David Eaton, Tim Lovelace, Lou Wallace, Rebecca Dye and Carl Rhea Nay: None
New Business
MOTION TO APPROVE THE 1ST AMENDMENT SANCTUARY RESOLUTION
Motion made by Steve Breeding, second David Eaton to approve the First Amendment Sanctuary Resolution.
The vote was:
Aye: Steve Breeding and David Eaton
Nay: Rebecca Dye, Oris Christian, Tim Lovelace and Lou Wallace
Abstain: Carl Rhea
MOTION FAILED.
CERTIFICATION OF EXECUTIVE (CLOSED) SESSION
Pursuant to § 2.2-3712(D) of the Code of Virginia 1950, as amended each member of the Board of ‘Supervisors upon the Roll Call certifies that to the best of their knowledge (I) only public business matters lawfully exempted from the open meeting requirements under the Virginia Freedom of Information Act and (ii) only such public business matters that were identified in the motion(s) by which the closed meeting was convened were heard, discussed, or considered in the meeting by the Board of Supervisors.
‘Any member of the Board of Supervisors who believes that there was a departure from the requirements of clauses (I) and (ii) above shall so state prior to the vote, indicating the substance of the departure that, in his or her judgment, has taken place.
Are there any who believe a departure has taken place? Seeing none, if you agree that the matters heard, discussed, or considered during the closed meeting were pursuant only to the motion(s) by which the closed meeting was convened, please signify by saying aye or yes.
Tim Lovelace ~ AYE Lou Wallace ~ AYE Carl Rhea ~ AYE David Eaton — AYE Rebecca Dye - AYE Steve Breeding - AYE Oris Christian ~ AYE
Invocation by Chair Rebecca Dye, followed by the Pledge of Allegiance to the Flag.
APPROVAL OF THE AGENDA
Motion made by Steve Breeding, second Oris Christian and duly approved by the Board of Supervisors to approve the agenda as amended.
The vote was: Aye: Steve Breeding, Oris Christian, David Eaton, Tim Lovelace, Lou Wallace, Rebecca Dye and Carl Rhea Nay: None
New Business
MOTION TO APPROVE THE 1°" AMENDMENT SANCTUARY RESOLUTION
Motion made by Steve Breeding, second David Eaton to approve the First Amendment Sanctuary Resolution.
The vote was: ‘Aye: Steve Breeding and David Eaton
Nay: Rebecca Dye, Oris Christian, Tim Lovelace and Lou Wallace Abstain: Carl Rhea
MOTION FAILED.
APPROVAL OF THE JANUARY 04, 2021 MINUTES
Motion made by Tim Lovelace, second Lou Wallace and duly approved by the Board of Supervisors to approve the January 04, 2021 minutes as presented and dispense with the reading thereof.
The vote was: Aye: Tim Lovelace, Lou Wallace, Carl Rhea, Steve Breeding, David Eaton, Rebecca Dye and Oris Christian Nay: None
APPROVAL OF GENERAL COUNTY INVOICES
Motion made by Oris Christian, second Carl Rhea and duly approved by the Board of Supervisors to approve general county invoices in the amount of $826,071.82.
The vote was: Aye: Oris Christian, Carl Rhea, Tim Lovelace, Lou Wallace, David Eaton, Steve Breeding and Rebecca Dye Nay: None
The Chair opened Citizens Comment period.
Citizens Comment
Carla Glass, Castlewood commented that there are alliances and division within the Board of Supervisors.
She stated that they all need to work together for the good of Russell County.
Sean Vance commented that an employee that he had spoken says he was not being compensated for his overtime. He stated that he does not really know him but would like to know why he was not being paid.
Larry Hughes, Lebanon voiced his disappointment about the First Amendment Sanctuary Amendment vote and failure to pass.
Jennifer Chumbley, Cleveland commented that the Board is doing a great job and supports the Board’s decision to not pass the first amendment resolution.
Kelly M. Delph, RCPL highlighted the quarterly report for the library. She invited the Board to come to the library to view an exhibition on display.
William Keene, Cedar Bluff recently moved back to the county and is upset about the mail delivery. He stated that mail delivery is atrocious. His water was disconnected for non-payment and he had mailed a payment. He feels that it was not fair that he had to pay a re-connect fee.
The Chair closed Citizens Comment.
County Attorney Reports and Requests
APPROVAL OF THE RUSSELL COUNTY COURTHOUSE INTERIM AGREEMENT
Motion made by Steve Breeding, second Lou Wallace and duly approved by the Board of Supervisors to approve the Russell County Courthouse Interim Agreement.
APPROVAL OF THE JANUARY 04, 2021 MINUTES,
Motion made by Tim Lovelace, second Lou Wallace and duly approved by the Board of Supervisors to approve the January 04, 2021 minutes as presented and dispense with the reading thereof.
The vote was: Aye: Tim Lovelace, Lou Wallace, Carl Rhea, Steve Breeding, David Eaton, Rebecca Dye and Oris Christian
Nay: None APPROVAL OF GENERAL COUNTY INVOICES
Motion made by Oris Christian, second Carl Rhea and duly approved by the Board of Supervisors to approve general county invoices in the amount of $826,071.82.
The vote was:
Aye: Oris Christian, Carl Rhea, Tim Lovelace, Lou Wallace, David Eaton, Steve Breeding and Rebecca Dye Nay: None
The Chair opened Citizens Comment period
Citizens Comment
Carla Glass, Castlewood commented that there are alliances and division within the Board of Supervisors. She stated that they all need to work together for the good of Russell County.
Sean Vance commented that an employee that he had spoken says he was not being compensated for his overtime. He stated that he does not really know him but would like to know why he was not being paid.
Larry Hughes, Lebanon voiced his disappointment about the First Amendment Sanctuary Amendment vote and failure to pass.
Jennifer Chumbley, Cleveland commented that the Board is doing a great job and supports the Board’s decision to not pass the first amendment resolution.
Kelly M. Delph, RCPL highlighted the quarterly report for the library. She invited the Board to come to the library to view an exhibition on display.
William Keene, Cedar Bluff recently moved back to the county and is upset about the mail delivery. He stated that mail delivery is atrocious. His water was disconnected for non-payment and he had mailed a payment. He feels that it was not fair that he had to pay a re-connect fee.
The Chair closed Citizens Comment.
County Attorney Reports and Requests
APPROVAL OF THE RUSSELL COUNTY COURTHOUSE INTERIM AGREEMENT
Motion made by Steve Breeding, second Lou Wallace and duly approved by the Board of Supervisors to approve the Russell County Courthouse Interim Agreement.
The vote was: Aye: Steve Breeding, Lou Wallace, Carl Rhea, Tim Lovelace, David Eaton, Rebecca Dye and Oris Christian Nay: None
APPROVAL OF THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY CAPACITY AGREEMENT
Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve The Russell County Public Service Authority Capacity Agreement.
The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Carl Rhea, Rebecca Dye, Lou Wallace and Oris Christian Nay: None
APPROVAL OF A RESOLUTION TO HONOR SENATOR BEN CHAFIN
Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve a Resolution to honor Senator Ben Chafin’s service to Russell County.
The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Carl Rhea, Rebecca Dye, Lou Wallace and Oris Christian Nay: None
APPROVAL TO APPOINT THE COUNTY ADMINISTRATOR AS EMERGENCY MANAGEMENT DIRECTOR AND TO PLACE THE EMERGENCY SERVICES COORDINATOR UNDER HIS DIRECT SUPERVISION
Motion made by Carl Rhea, second Steve Breeding and duly approved by the Board of Supervisors to appoint the County Administrator as the Russell County Emergency Management Director and to place the Emergency Services Coordinator under the direct supervision of the County Administrator and to eliminate the two Board of Supervisors positions (Emergency Management Director and Assistant Emergency Services Director). This will result in an overall annual savings of $2700 and any mileage and expenses that could have been incurred as a result of performing those functions.
The vote was: Aye: Carl Rhea, Steve Breeding, David Eaton, Tim Lovelace and Rebecca Dye Nay: Oris Christian and Lou Wallace
APPROVAL OF THE BELFAST WATERLINE EXTENSION PROJECT PHASE III NOTICE
Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve the Belfast Waterline Extension Project Phase III Notice.
The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Carl Rhea, Rebecca Dye, Lou Wallace and Oris Christian Nay: None
The vote was: ‘Aye: Steve Breeding, Lou Wallace, Carl Rhea, Tim Lovelace, David Eaton, Rebecca Dye and Oris Christian Nay: None
APPROVAL OF THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY CAPACITY AGREEMENT
Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve The Russell County Public Service Authority Capacity Agreement.
The vote was: ‘Aye: Steve Breeding, David Eaton, Tim Lovelace, Carl Rhea, Rebecca Dye, Lou Wallace and Oris Christian
Nay: None
APPROVAL OF A RESOLUTION TO HONOR SENATOR BEN CHAFIN
Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve a Resolution to honor Senator Ben Chafin’s service to Russell County.
The vote was: ‘Aye: Steve Breeding, David Eaton, Tim Lovelace, Carl Rhea, Rebecca Dye, Lou Wallace and Oris Christian Nay: None
APPROVAL TO APPOINT THE COUNTY ADMINISTRATOR AS EMERGENCY MANAGEMENT DIRECTOR AND TO PLACE THE EMERGENCY SERVICES COORDINATOR UNDER HIS DIRECT SUPERVISION
Motion made by Carl Rhea, second Steve Breeding and duly approved by the Board of Supervisors to appoint the County Administrator as the Russell County Emergency Management Director and to place the Emergency Services Coordinator under the direct supervision of the County Administrator and to eliminate the two Board of Supervisors positions (Emergency Management Director and Assistant Emergency Services Director). This will result in an overall annual savings of $2700 and any mileage and expenses that could have been incurred as a result of performing those functions.
The vote was: ‘Aye: Carl Rhea, Steve Breeding, David Eaton, Tim Lovelace and Rebecca Dye
Nay: Oris Christian and Lou Wallace
APPROVAL OF THE BELFAST WATERLINE EXTENSION PROJECT PHASE II! NOTICE
Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve the Belfast Waterline Extension Project Phase Ill Notice.
The vote was: ‘Aye: Steve Breeding, David Eaton, Tim Lovelace, Carl Rhea, Rebecca Dye, Lou Wallace and Oris Christian Nay: None
APPROVAL OF THE DANTE REGIONAL SEWER LINE EXTENSION PROJECT
Motion made by Steve Breeding, second Lou Wallace and duly approved by the Board of Supervisors to approve the Dante Regional Sewer Line Extension Project.
The vote was: Aye: Steve Breeding, Lou Wallace, Carl Rhea, Tim Lovelace, David Eaton, Rebecca Dye and Oris Christian Nay: None
APPROVAL OF A RUSSELL COUNTY SHERIFF’S DEPARTMENT FLEET ENTERPRISE PROPOSAL
Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to approve a Russell County Sheriff’s Department Fleet Enterprise Proposal.
The vote was: Aye: David Eaton, Carl Rhea, Steve Breeding, Lou Wallace, Tim Lovelace, Rebecca Dye and Oris Christian Nay: None
APPROVAL OF THE VDOT SECONDARY SIX (6) YEAR PLAN AND CONSTRUCTION LIST
Motion made by Tim Lovelace, second David Eaton and duly approved by the Board of Supervisors0 to approve the VDOT Secondary Highway Six (6) Year Plan and Construction list.
The vote was: Aye: Tim Lovelace, David Eaton, Lou Wallace, Carl Rhea, Steve Breeding, Rebecca Dye and Oris Christian Nay: None
APPROVAL OF CHANGES TO THE EMERGENCY MANAGEMENT COORDINATOR JOB DESCRIPTION
Motion made by Steve Breeding, second Carl Rhea and duly approved by the Board of Supervisors to approve changes to the Russell County Emergency Management Coordinator job description.
The vote was: Aye: Steve Breeding, Carl Rhea, Tim Lovelace, Lou Wallace, David Eaton, Rebecca Dye and Oris Christian Nay: None
APPROVAL TO SET THE ASSISTANT REGISTRAR SALARY AT $24,960
Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to approve a salary of $24,960 for the Assistant Registrar position.
The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Carl Rhea, Rebecca Dye, Lou Wallace and Oris Christian Nay: None
APPROVAL TO ADJOURN
APPROVAL OF THE DANTE REGIONAL SEWER LINE EXTENSION PROJECT
Motion made by Steve Breeding, second Lou Wallace and duly approved by the Board of Supervisors to approve the Dante Regional Sewer Line Extension Project.
The vote was: ‘Aye: Steve Breeding, Lou Wallace, Carl Rhea, Tim Lovelace, David Eaton, Rebecca Dye and Oris Christian Nay: None
APPROVAL OF A RUSSELL COUNTY SHERIFF’S DEPARTMENT FLEET ENTERPRISE PROPOSAL
Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to approve a Russell County Sheriff’s Department Fleet Enterprise Proposal.
The vote was: ‘Aye: David Eaton, Carl Rhea, Steve Breeding, Lou Wallace, Tim Lovelace, Rebecca Dye and Oris Christian Nay: None
APPROVAL OF THE VDOT SECONDARY SIX (6) YEAR PLAN AND CONSTRUCTION LIST
Motion made by Tim Lovelace, second David Eaton and duly approved by the Board of Supervisors0 to approve the VDOT Secondary Highway Six (6) Year Plan and Construction list.
The vote was: Aye: Tim Lovelace, David Eaton, Lou Wallace, Carl Rhea, Steve Breeding, Rebecca Dye and Oris Christian Nay: None
APPROVAL OF CHANGES TO THE EMERGENCY MANAGEMENT COORDINATOR JOB DESCRIPTION
Motion made by Steve Breeding, second Carl Rhea and duly approved by the Board of Supervisors to approve changes to the Russell County Emergency Management Coordinator job description.
The vote was: Aye: Steve Breeding, Carl Rhea, Tim Lovelace, Lou Wallace, David Eaton, Rebecca Dye and Oris Christian Nay: None
APPROVAL TO SET THE ASSISTANT REGISTRAR SALARY AT $24,960
Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to approve a salary of $24,960 for the Assistant Registrar position,
The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Carl Rhea, Rebecca Dye, Lou Wallace and Oris Christian Nay: None
APPROVAL TO ADJOURN
Motion made by Oris Christian, second David Eaton and duly approved by the Board of Supervisors to adjourn.
The vote was: Aye: Oris Christian, David Eaton, Carl Rhea, Lou Wallace, Steve Breeding, Rebecca Dye and Tim Lovelace Nay: None
Clerk of the Board Chairperson
Motion made by Oris Christian, second David Eaton and duly approved by the Board of Supervisors to adjourn,
The vote was:
‘Aye: Oris Christian, David Eaton, Carl Rhea, Lou Wallace, Steve Breeding, Rebecca Dye and Tim Lovelace Nay: None
Clerk of the Board Chairperson
Board of Supervisors Action Item B-2
137 Highland Drive Presenter: Chairperson Lebanon, VA 24266
Meeting: 3/1/21 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 February 2021 Monthly Expenditures:
STAFF RECOMMENDATION(s):
County’s February 2021 Monthly Expenditures are in compliance with budget and operational
services.
SUGGESTED MOTION(s): Motion to approve County’s February 2021 Monthly Expenditures.
ATTACHMENTS:
• February 2021 Monthly Expenditures
Board of Supervisors Action Item B-2 137 Highland Drive Presenter: Chairperson Lebanon, VA 24266
Meeting: 3/1/21 6:00 PM
Approval of Expenditures
Request approval of the County’s February 2021 Monthly Expenditures:
STAFF RECOMMENDATION(s): County’s February 2021 Monthly Expenditures are in compliance with budget and operational
services.
SUGGESTED MOTION(s): Motion to approve County’s February 2021 Monthly Expenditures.
ATTACHMENTS:
- February 2021 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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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: 3/1/21 6:00 PM
County Attorney Reports
-
CPRWMA Manpower Agreement
-
Continuity of Government Ordinance Renewal
-
Coordinator of Emergency Management Job Description
-
RC Litter Ordinance - Proposed Changes
Staff Recommendation:
Board Discretion.
Suggested Motion:
Motion Required.
ATTACHMENTS: • Various
Board of Supervisors Action Item 137 Highland Drive Presenters - Attorney Lebanon, VA 24266
3/1/21
Meetin:
County Attorney Reports
- CPRWMA Manpower Agreement
- Continuity of Government Ordinance Renewal
- Coordinator of Emergency Management Job Description
4, RC Litter Ordinance - Proposed Changes
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
CUMBERLAND PLATEAU RWMA: Mr. Toby F. Edwards, Executive Director BUCHANAN COUNTY:
Mr. Jeff Cooper Mr. Tim Hess
CUMBER, PLATEAU
DICKENSON COUNTY:
Mr, Damon Rasnick Mr: Ronald Peters
RUSSELL COUNTY:
Mr. Carl Rhea Mr. Tim Lovelace
January’21, 2021
Mr, Lonzo Lester
Acting County Administrator . Russell County Board of Supervisors PO Box 1208
Lebanon, VA 24266
RE: 2021 Russell County Transfer Station Manpower Agreement Dear Mr, Lester,
Enclosed please find a copy of the Cumberland Plateau Regional Waste Management Authority Manpower Service Agreement. Per the term of our previous agreements your board can extend the manpower service agreement for an additional year—page 3:Term of Contract. If you and yout board votes to do so please simply write me a letter stating that your board has agreed to extend the agreement. To Clarify, there are no changes made from last years contract for staffing our Russell County Transfer Station,
Ifyou have questions pléase feel free to contact me at (276) 889-1778 or email [email protected]
Toby F-Edwatis Director of Waste Services Cumberland Plateau Regional Waste Management Authority
‘Ce: Mr. Damon Rasnick, Chair CPRWMA and Dickenson County Representative ‘Ce: Mr, Jeff Cooper, Vice Chairman and Buchanan County Representative
Ce; Mr. Tim Lovelace, CPRWMA Treasurer and Russell County Representative Ce: Mr. Carl Rhea, Russell County Representative
Co; Mr, Brian Ferguson, Russell County Director of Solid Waste 137 Highland Drive / P.O. Box 386 Lebanon, VA 24266
Phone 276-833-5403 Email [email protected] www.cprwma.com
Enclose! (2) copies ®
CUMBERLAND PLATEAU REGIONAL WASTE MANAGEMENT AUTHORITY MANPOWER SERVICE AGREEMENT
THIS AGREEMENT made as of this__day of. 2021, by and¥é
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
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, ot 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.
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, 2021. The initial term of this ‘Agreement shalll be one (1) year commencing on the 5" day of April, 2021. ‘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,
3
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 inorease 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
4
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
5
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, rio, 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 Jaws 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 itis 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, Vi 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
6
Cumberland Plateau Regional Waste Management Authority, P.O. Box 386, Lebanon, VA 24266, or addressed to Russel] County, 137 Highland Drive, Lebanon, VA 24266.
IN WITNESS WHEREOF, the patties hereto cause their presence to be signed and sealed!
this _ day of __, 2021, written by their respective officers
pursuant to authorizations contained in duly adopted resolutions or ordinances, as the case may
be.
CUMBERLAND PLATEAU REGIONAL WASTE MANAGEMENT AUTHORITY,
Dh. 2 f By: C— 8 KG ~~
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
Deputy County Attorney for Russell County
STATE OF VIRGINIA, AT LARGE, to-wit:
Subscribed and acknowledged to before me by Chairmen of Cumberland Plateau
Regional Waste Management Authority this the 27" S day of Os ern _, 2021.
My Commission expires: 7/3 [Lf 20re 6U
My Registration aypyhanlain Jes — 73
NOTARY nae Commonwealth of Vi fe Reg, # 7342903
My Commission Expires 7/91/2024 NOTARY PYRLIC 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 __ » 2021.
My Commission expires:
My Registration number:
NOTARY PUBL!
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, 2021,
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 2021.
My Commission expires:_
My Registration number:
NOTARY PUBLIC
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
ADDENDUM TO MANPOWER AGREEMENT
This Addendum to the Manpower Agreement is made this___day of , 2021, by and between Cumberland Plateau Regional Waste Management Authority (hereinafter referred to as the “Authority”) and the Counties of Dickenson, Buchanan and Russell in Virginia, political subdivisions of the Commonwealth of Virginia, (hereinafter referred to as “Counties”,
WHEREAS, this agreement is for the addendum of the original Manpower Agreements (hereinafter referred to as “Agreements”) between the Authority and each of the Counties; and,
WHEREAS, all terms and conditions of the original Agreement shall remain unchanged; and,
WHEREAS, the Virginia Safety and Health Codes Board adopted §16 VAC 25-220, Emergency Temporary Standard Infectious Disease Prevention: SARS-CoV-2 Virus that causes COVID-19 (the “ETS”) in order to establish requirements to control, prevent and mitigate the spread of SARS-CoV-2 to and among employees and employers; and
WHEREAS, the Authority and County seek to comply with the ETS to control, prevent and mitigate the spread of SARS-CoV-2 among employees.
Now therefore, for and in consideration of the mutual covenants contained herein and good and valuable consideration, the receipt and sufficiency which is acknowledged by the parties hereto, the patties agree to add to each Agreement the Transfer Station COVID-19 Policy, attached hereto and incorporated by reference herein as “Attachment A”, leaving all terms and conditions of the original Agreements unchanged. Said policy is to be in effect during the six months the temporary standard remains in effect within the Commonwealth and to continue if the emergency standard is replaced by permanent regulation. The parties agree and recognize the policy may require periodic modification to comply with any changes to the BTS
or permanent regulation, whichever may be in effect.
IN WITNESS WHEREOF, the parties hereto cause their presence to be signed and sealed this day of _ _, 2021, written by their respective officers
pursuant to authorizations contained in duly adopted resolutions or ordinances, as the case may
be. ERLAND PLATEAU REGIONAL MANAGEMENT AUTHORITY By: Chairman of the Authority STATE OF VIRGINIA,
ATLARGE, to-vit: Subscribed and acknowledged to before me by Chaitman of Cumberland Plateau Regional Waste Management Authority this the dayof___, 2021 My Commission expires:
My Registration number:
NOTARY PUBLIC
COUNTY OF RUSSELL BOARD OF SUPERVISORS
By:
Chairman of the Russell County Board of Supervisors
By:
County Administrator
APPROVED AS TO FORM
Deputy County Attorney for Russell County
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 2021.
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, 2021.
My Commission expires;
My Registration number:
NOTARY PUBLIC
STATE OF VIRGINIA, AT LARGE, to-wit:
Subscribed and acknowledged to before me by the County Attorney for Russell County, Virginia, this __day of. 2021.
My Commission expires:
My Registration number:
NOTARY PUBLIC
Russell County Virginia “The Heart of Southwest Virginia”
Oris Christian David Eaton At-Large District 4
Lou Ann Wallace Rebecca Dye, Chairperson Steve Breeding District 2 District 6 District 5
Carl Rhea Tim Lovelace, Vice-Chairman Lonzo Lester District 3 District 1 County Administrator
Russell County Government Center 137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011
PUBLIC NOTICE
The Russell County Board of Supervisors will conduct Public Hearing on Monday,
March 8, 2021 at 6:00 p.m. to hear comments concerning the adoption of the “Continuity of Government Ordinance”.
A copy of the proposed Continuity of Government Ordinance is available for review in the Office of the County Administrator at 137 Highland Drive, Lebanon, Virginia during normal business hours.
In addition, the ordinance is posted on the County’s Website at http://www.russellcountyva.us/257/Ordinances-Resolutions and on RussellCountyVA App on Google Play Store.
The Public Hearing will be held in the Russell County Government Board Room at the Russell County Governmental Center, 133 Highland Drive, Lebanon, Virginia during a reconvened meeting.
BY ORDER OF THE RUSSELL COUNTY BOARD OF SUPERVISORS
http://www.russellcountyva.us/257/Ordinances-Resolutions Russell County Virginia “The Heart of Southwest Virginia”
ris Christian David Eaton At-Large District 4
Lou Ann Wallace Rebecca Dye, Chairperson Stove Breeding District 2 District 6 District 5
Carl Rhea Tim Lovelace, Vice-Chairman Lonzo Lester
District 3 District 1 Gounty Administrator
PUBLIC NOTICE
The Russell County Board of Supervisors will conduct Public Hearing on Monday, March 8, 2021 at 6:00 p.m. to hear comments conceming the adoption of the “Continuity of Government Ordinance”.
A copy of the proposed Continuity of Government Ordinance is available for review in the Office of the County Administrator at 137 Highland Drive, Lebanon, Virginia during normal business hours.
In addition, the ordinance is posted on the County’s Website at http://www.russellcountyva.us/257/Ordinances-Resolutions and on RussellCountyVA App on Google Play Store.
The Public Hearing will be held in the Russell County Government Board Room at the Russell County Governmental Center, 133 Highland Drive, Lebanon, Virginia during a reconvened meeting
BY ORDER OF THE RUSSELL COUNTY BOARD OF SUPERVISORS
Emergency Ordinance 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
WHEREAS, on January 31, 2020, the U.S. Secretary of Health and Human Services
declared a public health emergency in response to the spread of the novel coronavirus (COVID- 19); and
WHEREAS, on March 12, 2020, the Governor, in Executive Order Fifty-One, declared a
state of emergency in the Commonwealth of Virginia, acknowledging the spread of COVID-19 as a disaster as defined in Virginia Code § 44-146.16; and
WHEREAS, Executive Order Fifty-One authorized local governments to render
appropriate assistance and to alleviate conditions, as appropriate, to prepare for and mitigate the effects of the virus; and
WHEREAS, on March 13, 2020, the President of the United States found and declared the
outbreak of COVID-19 to constitute a national emergency, beginning March 1, 2020; and
WHEREAS, on March 17 and 23, the Governor requested and then directed Virginians to avoid non-essential gatherings of more than 10 people; and
WHEREAS, the Russell County Board of Supervisors held a special called meeting on
March 17, 2020 Board determined that COVID-19 pandemic constituted a “disaster” as contemplated in section 15.2-1413 of the Code of Virginia of 1950, as amended and pursuant to Virginia Code § 44-146.21, declared a local state of emergency in Russell County; and
WHEREAS, the Russell County Board of Supervisors held a regular meeting on
September 8, 2020 Board determined that COVID-19 constituted a continued “disaster” as contemplated in section 15.2-1413 of the Code of Virginia of 1950, as amended and pursuant to Virginia Code § 44-146.21, declared a local state of emergency in Russell County; and
WHEREAS, the Board of Supervisors has determined that COVID-19 constitutes a
communicable disease of public health threat which has caused a disaster as those terms are defined in Virginia Code § 44-146.16; and
WHEREAS, while the Board of Supervisors values transparency in government and
public engagement, it also finds that emergency measures are necessary to mitigate the spread of COVID-19 and to protect the health, safety, and welfare of residents and employees, while still providing for government operations to continue during this state of emergency; and
WHEREAS, Virginia Code § 15.2-1413 provides that the Board of Supervisors,
notwithstanding any contrary provision of law, may adopt an ordinance to assure the continuity of government operations during this disaster and for up to six months; and
Emergency Ordinance 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
WHEREAS, on January 31, 2020, the U.S. Secretary of Health and Human Services declared a public health emergency in response to the spread of the novel coronavirus (COVID- 19); and
WHEREAS, on March 12, 2020, the Governor, in Executive Order Fifty-One, declared a state of emergency in the Commonwealth of Virginia, acknowledging the spread of COVID-19 as a disaster as defined in Virginia Code § 44-146.16; and
WHEREAS, Executive Order Fifty-One authorized local governments to render appropriate assistance and to alleviate conditions, as appropriate, to prepare for and mitigate the effects of the virus; and
WHEREAS, on March 13, 2020, the President of the United States found and declared the outbreak of COVID-19 to constitute a national emergency, beginning March 1, 2020; and
WHEREAS, on March 17 and 23, the Governor requested and then directed Virginians to avoid non-essential gatherings of more than 10 people; and
WHEREAS, the Russell County Board of Supervisors held a special called meeting on March 17, 2020 Board determined that COVID-19 pandemic constituted a “disaster” as contemplated in section 15.2-1413 of the Code of Virginia of 1950, as amended and pursuant to Virginia Code § 44-146.21, declared a local state of emergency in Russell County; and
WHEREAS, the Russell County Board of Supervisors held a regular meeting on September 8, 2020 Board determined that COVID-19 constituted a continued “disaster” as contemplated in section 15.2-1413 of the Code of Virginia of 1950, as amended and pursuant to Virginia Code § 44-146.21, declared a local state of emergency in Russell County; and
WHEREAS, the Board of Supervisors has determined that COVID-19 constitutes a communicable disease of public health threat which has caused a disaster as those terms are defined in Virginia Code § 44-146.16; and
WHEREAS, while the Board of Supervisors values transparency in government and public engagement, it also finds that emergency measures are necessary to mitigate the spread of COVID-19 and to protect the health, safety, and welfare of residents and employees, while still providing for government operations to continue during this state of emergency; and
WHEREAS, Virginia Code § 15.2-1413 provides that the Board of Supervisors, notwithstanding any contrary provision of law, may adopt an ordinance to assure the continuity of ‘government operations during this disaster and for up to six months; and
WHEREAS, Virginia Code § 44-146.21 further provides that a local director of emergency management or any member of a governing body in his absence may upon the declaration of a local emergency proceed without regard to time-consuming procedures and formalities prescribed by law, except for mandatory constitutional requirements; and
WHEREAS, Virginia Code § 15.2-1200 provides the county with authority to adopt necessary regulations to prevent the spread of contagious diseases among its residents; and
WHEREAS, the Board of Supervisors also has the inherent authority to vary the county’s
policies, procedures, and practices to assure the continuity of government operations; and
WHEREAS, government operations include the work of the Board of Supervisors and other local public bodies, and the personnel who work for or on behalf of local public bodies; and
WHEREAS, Virginia Code § 2.2-3708.2(A)(3) allows, under certain procedural
requirements including public notice and access, that members of the Board of Supervisors may convene solely by electronic mean “to address the emergency;” And
WHEREAS, the open public meeting requirements of the Virginia Freedom of
Information Act (“FOIA”) are limited only by a properly claimed exemption provided under that Act or “any other statute;” and
WHEREAS, the Attorney General of Virginia issued an opinion dated March 20, 2020
stating that localities have the authority during disasters to adopt ordinances to ensure the continuity of the government; and
WHEREAS, this emergency ordinance in response to the disaster caused by the COVID-
19 pandemic promotes the public health, safety, and welfare, and its adoption is consistent with the law of the Commonwealth of Virginia, the Virginia Constitution, and the United States Constitution.
NOW, THEREFORE, BE IT ORDAINED, that this uncodified ordinance is hereby
enacted as follows:
An Emergency Ordinance Allowing for the Continuity of Government Operations During the Pandemic
Sec. 1. Purpose; Effective Date; Expiration
This ordinance allows for variances from state laws and county ordinances in order to protect the health, safety, and welfare of residents and employees from the spread of COVID-19 while still providing for government operations to continue during this state of emergency.
The operation of government includes management of all county facilities, management of
the school system, and the work of all local boards, including the Board of Supervisors, the Russell County School Board, the Russell County Industrial Development Authority, the Russell County Public Service Authority, the Russell County Department of Social Services, and any other local
WHEREAS, Virginia Code § 44-146.21 further provides that a local director of emergency management or any member of a governing body in his absence may upon the declaration of a local emergency proceed without regard to time-consuming procedures and formalities prescribed by law, except for mandatory constitutional requirements; and
WHEREAS, Virginia Code § 15.2-1200 provides the county with authority to adopt necessary regulations to prevent the spread of contagious diseases among its residents; and
WHEREAS, the Board of Supervisors also has the inherent authority to vary the county’s policies, procedures, and practices to assure the continuity of government operations; and
WHEREAS, government operations include the work of the Board of Supervisors and other local public bodies, and the personnel who work for or on behalf of local public bodies; and
WHEREAS, Virginia Code § 2.2-3708.2(A)(3) allows, under certain procedural requirements including public notice and access, that members of the Board of Supervisors may convene solely by electronic mean “to address the emergency;” And
WHEREAS, the open public meeting requirements of the Virginia Freedom of Information Act (“FOIA”) are limited only by a properly claimed exemption provided under that Act or “any other statute;” and
WHEREAS, the Attorney General of Virginia issued an opinion dated March 20, 2020 stating that localities have the authority during disasters to adopt ordinances to ensure the continuity of the government; and
WHEREAS, this emergency ordinance in response to the disaster caused by the COVID- 19 pandemic promotes the public health, safety, and welfare, and its adoption is consistent with the law of the Commonwealth of Virginia, the Virginia Constitution, and the United States Constitution,
NOW, THEREFORE, BE IT ORDAINED, that this uncodified ordinance is hereby enacted as follows:
This ordinance allows for variances from state laws and county ordinances in order to protect the health, safety, and welfare of residents and employees from the spread of COVID-19 while still providing for government operations to continue during this state of emergency.
The operation of government includes management of all county facilities, management of the school system, and the work of all local boards, including the Board of Supervisors, the Russell County School Board, the Russell County Industrial Development Authority, the Russell County Public Service Authority, the Russell County Department of Social Services, and any other local
or regional board, commission, committee, or authority created by the board of supervisors or to which the board of supervisors appoints or recommends for appointment all or a portion of its members (collectively “Public Bodies” and individually “Public Body”), including employees who work for or on behalf of any Public Body. Accordingly, the provisions of this emergency ordinance apply to all such “Public Bodies”.
At this time, public health experts recommend against assembling groups of people in
confined spaces. Accordingly, this ordinance contains modifications for public meetings which should be followed while it is deemed unwise or unsafe to gather in one location a quorum for any Public Bodies, or to invite members of the public to physically gather together for public meetings.
Moreover, the spread of COVID-19 may make it impossible or impractical for government
operations to meet all normally imposed deadlines, regulations, and time frames, or to comport, in some instances, with lengthy procedures and processes such as procurement or employment processes.
This emergency ordinance is effective immediately and will remain in effect for 60 days
unless amended, rescinded, or readopted in conformity with the notice provisions of Virginia Code § 15.2-1427; however, in no event will the ordinance be effective for more than six months from the effective date of this ordinance. At the end of the six months, if a state of emergency still exists then this ordinance may be renewed the same way it was originally enacted. Upon repeal or expiration of this ordinance, normal government operations will resume.
Sec. 2. Public Meetings and Public Hearings
A. Any regularly scheduled or regular meeting of any Public Body may be canceled by the chair if there is no essential business that needs to occur or if conditions otherwise make it impractical to meet. Notice of the cancellation must be provided to the Public Body members and the public as soon as practicable.
B. In the alternative, any regularly scheduled or regular meeting of any Public Body may be held by solely electronic or telephonic means without a quorum of members physically present and without members of the public physically present, provided the following occurs:
- Any such electronic meeting of the Public Entities shall be open to electronic
participation by the public and closed to in-person participation by the public. The meeting is accessible to the public through live audio or video on the County’s or Public Body’s website, a dial-in telephone number, or a social media platform.
- The agenda and public notice for the meeting must:
a) include a statement that the meeting is being held using electronic means under this ordinance;
b) contain specific information about how members of the public can access the meeting; and
c) if there are any public hearing or public comment items, specifically identify how members of the public can provide comment, including one or more of the following: by e-mail, in writing, by telephone, through a social media platform, or via other electronic means.
or regional board, commission, committee, or authority created by the board of supervisors or to which the board of supervisors appoints or recommends for appointment all or a portion of its members (collectively “Public Bodies” and individually “Public Body”), including employees who work for or on behalf of any Public Body. Accordingly, the provisions of this emergency ordinance apply to all such “Public Bodies”
‘At this time, public health experts recommend against assembling groups of people in confined spaces. Accordingly, this ordinance contains modifications for public meetings which should be followed while it is deemed unwise or unsafe to gather in one location a quorum for any Public Bodies, or to invite members of the public to physically gather together for public meetings.
Moreover, the spread of COVID-19 may make it impossible or impractical for government operations to meet all normally imposed deadlines, regulations, and time frames, or to comport, in some instances, with lengthy procedures and processes such as procurement or employment processes.
This emergency ordinance is effective immediately and will remain in effect for 60 days unless amended, rescinded, or readopted in conformity with the notice provisions of Virginia Code § 15.2-1427; however, in no event will the ordinance be effective for more than six months from the effective date of this ordinance. At the end of the six months, if a state of emergency still exists then this ordinance may be renewed the same way it was originally enacted. Upon repeal or expiration of this ordinance, normal government operations will resume.
Sec. 2, Public Meetings and Public Hearings
A. Any regularly scheduled or regular meeting of any Public Body may be canceled by the chair if there is no essential business that needs to occur or if conditions otherwise make it impractical to meet. Notice of the cancellation must be provided to the Public Body members and the public as soon as practicable.
B. _Inthe alternative, any regularly scheduled or regular meeting of any Public Body may be held by solely electronic or telephonic means without a quorum of members physically present and without members of the public physically present, provided the following occurs:
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Any such electronic meeting of the Public Entities shall be open to electronic participation by the public and closed to in-person participation by the public. The meeting is accessible to the public through live audio or video on the County’s or Public Body’s website, a dial-in telephone number, or a social media platform.
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The agenda and public notice for the meeting must:
a) include a statement that the meeting is being held using electronic means under this, ordinance;
b) contain specific information about how members of the public can access the meeting; and
c) if there are any public hearing or public comment items, specifically identify how members of the public can provide comment, including one or more of the following: by e-mail, in writing, by telephone, through a social media platform, or via other electronic means.
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The agenda is posted on the County’s or Public Body’s website at least three days prior to the meeting. Other materials associated with the meeting, if any, must be made available to the public at the same time they are provided to the Public Body members.
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For public hearings and any items for which public comment is permitted, the following rules apply:
a) Normal rules of order apply with respect to requiring the name and home address of the commenter, that comments relate to the hearing or comment topic, that appropriate limits on the number of comments per person per item apply, and that comments be of reasonable length.
b) Public Bodies may allow public comments to be submitted via phone call, e-mail, or in writing, up until a reasonable time before the start of the meeting so long as those comments are provided to the Public Body members prior to any decision on an item.
c) If available, members of the public may provide comments through leaving a voicemail on a dedicated phone number up until a reasonable time before the start of the meeting so long as those comments are then provided to the Public Body members prior to any decision on an item.
d) If available, members of the public may provide comments through telephonic or interactive electronic means (call-in meeting access, social media platform) during the meeting so long as those comments are received by or provided to the Public Body members prior to any decision on an item.
e) The Public Body may choose to receive additional comments through any means for a period of time after the public hearing or public meeting, so long as it announces and publicizes that opportunity, and those comments are provided to the Public Body members prior to any decision on an item.
f) All public comments must be made a part of the record of the Public Body either by being summarized in or included with the meeting minutes.
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Any votes taken during the meeting must be taken by roll call, individually recording each member’s name and vote.
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The minutes of any meeting under this ordinance must conform to the requirements of law, including identifying the forms of electronic communication used, the members participating and the means by which they participated, the opportunities for public access or participation, a summary of the public comments, if any, and the actions taken at the meeting. The Public Entities may approve minutes of an electronic meeting at a subsequent electronic meeting and shall later approve all such minutes at a regular or special meeting after the emergency and disaster has ended.
C. Public Bodies may hold special meetings consistent with the provisions in (B) except that notice of the special meeting need only be provided at least three working days prior to the meeting, and the agenda and associated materials, if any, need to be made available to the public at the same time as they are made available to the Public Body members.
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The agenda is posted on the County’s or Public Body’s website at least three days prior to the meeting. Other materials associated with the meeting, if any, must be made available to the public at the same time they are provided to the Public Body members.
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For public hearings and any items for which public comment is permitted, the following rules apply:
a) Normal rules of order apply with respect to requiring the name and home address of the commenter, that comments relate to the hearing or comment topic, that appropriate limits on the number of comments per person per item apply, and that comments be of reasonable length.
b) Public Bodies may allow public comments to be submitted via phone call, e-mail, or in writing, up until a reasonable time before the start of the meeting so long as those comments are provided to the Public Body members prior to any decision on an item.
©) If available, members of the public may provide comments through leaving a voicemail on a dedicated phone number up until a reasonable time before the start of the meeting so long as those comments are then provided to the Public Body members prior to any decision on an item.
4d) If available, members of the public may provide comments through telephonic or interactive electronic means (call-in meeting access, social media platform) during the meeting so long as those comments are received by or provided to the Public Body members prior to any decision on an item.
e) The Public Body may choose to receive additional comments through any means for a period of time after the public hearing or public meeting, so long as it announces and publicizes that opportunity, and those comments are provided to thePublic Body members prior to any decision on an item.
) All public comments must be made a part of the record of the Public Body either by being summarized in or included with the meeting minutes.
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Any votes taken during the meeting must be taken by roll call, individually recording each member’s name and vote.
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The minutes of any meeting under this ordinance must conform to the requirements of law, including identifying the forms of electronic communication used, the members participating and the means by which they participated, the opportunities for public access or participation, a summary of the public comments, if any, and the actions taken at the meeting. The Public Entities may approve minutes of an electronic meeting at a subsequent electronic meeting and shall later approve all such minutes at a regular or special meeting after the emergency and disaster has ended.
C. Public Bodies may hold special meetings consistent with the provisions in (B) except that notice of the special meeting need only be provided at least three working days prior to the meeting, and the agenda and associated materials, if any, need to be made available to the public at the same time as they are made available to the Public Body members.
D. Public Bodies may hold emergency meetings consistent with Virginia Code § 2.2-3708.
E. Any item on an agenda for a regularly scheduled, regular, special, or emergency meeting held hereunder may be continued to a later date or time for the purpose of reviewing and considering comments from the public.
F. Non-emergency public hearings and action items of Public Bodies may be postponed to a date certain provided that public notice is given so that the public are aware of how and when to present their views.
G. Nothing in this Emergency Ordinance shall prohibit Public Bodies from holding in- person public meetings provided that public health and safety measures as well as social distancing are taken into consideration.
Sec. 3. Public Buildings, Facilities, Real Property and Events
The director of emergency management is empowered to restrict members of the public from entering or congregating around county-owned buildings, facilities, and real property as is reasonably necessary to ensure the health, safety, and welfare of the public or county staff. Moreover, the director of emergency management may cancel, postpone, or reschedule any events scheduled for any county-owned building, facility, or property as necessary to ensure the health, safety, and welfare of the public or county staff.
Sec. 4. Additional powers of director of emergency management
A. Funding and Contracts. To the extent of unobligated funds available in excess of appropriations in the approved budget, the director of emergency management may enter into contracts and incur obligations necessary to protect the health and safety of persons and property, and to provide emergency assistance to persons affected by this disaster.
B. Procedures. The director of emergency management may proceed without regard to time- consuming procedures and formalities prescribed by law (except mandatory constitutional requirements) pertaining to the performance of public work, entering into contracts, incurring obligations, employing workers, renting equipment, purchasing supplies and materials, and other expenditures of public funds.
C. Other Temporary Actions. The director of emergency management may temporarily take any of the following actions: waive or reduce fees imposed by county ordinance; waive enforcement, in whole or in part, of any county ordinance; and modify, limit, waive, suspend, or amend any county program, service, function, process, or procedure. The director must apply the action uniformly for similar situations and not on a case-by-case basis. The director’s actions will only be effective until the next regular meeting of the board of supervisors. The board of supervisors may ratify and extend the time for which the director’s action remains in effect.
Public Bodies may hold emergency meetings consistent with Virginia Code § 2.2-3708.
E, Any item on an agenda for a regularly scheduled, regular, special, or emergency meeting held hereunder may be continued to a later date or time for the purpose of reviewing and considering comments from the public.
F. Non-emergency public hearings and action items of Public Bodies may be postponed to a date certain provided that public notice is given so that the public are aware of how and when to present their views.
G. Nothing in this Emergency Ordinance shall prohibit Public Bodies from holding in- person public meetings provided that public health and safety measures as well as social distancing are taken into consideration.
ic Buildi aciliti a vents
The director of emergency management is empowered to restrict members of the public from entering or congregating around county-owned buildings, facilities, and real property as is reasonably necessary to ensure the health, safety, and welfare of the public or county staff. Moreover, the director of emergency management may cancel, postpone, or reschedule any events scheduled for any county-owned building, facility, or property as necessary to ensure the health, safety, and welfare of the public or county staff.
s a fai A A. Funding and Contracts. To the extent of unobligated funds available in excess of
appropriations in the approved budget, the director of emergency management may enter into contracts and incur obligations necessary to protect the health and safety of persons and property, and to provide emergency assistance to persons affected by this disaster.
B. Procedures. The director of emergency management may proceed without regard to time- consuming procedures and formalities prescribed by law (except mandatory constitutional requirements) pertaining to the performance of public work, entering into contracts, incurring obligations, employing workers, renting equipment, purchasing supplies and materials, and other expenditures of public funds.
C. Other Temporary Actions. The director of emergency management may temporarily take any of the following actions: waive or reduce fees imposed by county ordinance; waive enforcement, in whole or in part, of any county ordinance; and modify, limit, waive, suspend, or amend any county program, service, function, process, or procedure. The director must apply the action uniformly for similar situations and not on a case-by-case basis. The director’s actions will only be effective until the next regular meeting of the board of supervisors. The board of supervisors may ratify and extend the time for which the director’s action remains in effect.
Sec. 5. Suspension of Deadlines, Time Frames, and Procedures
County personnel are encouraged to take action as is practical and appropriate to meet deadlines or time frames established under state law or county ordinances, however, notwithstanding any provision of law, regulation, or policy to the contrary, any deadlines requiring action by the county, any Public Body, or county employees are suspended. Time frames for review or expedited reviews are also suspended. Failure to meet any deadline or time frame will not constitute a default, violation, approval, ratification, or recommendation. Any policies or procedures inconsistent with this ordinance are hereby suspended.
Sec. 6 Adoption by Incorporated Towns within the Boundaries of Russell County
Each incorporated town within the boundaries of Russell County are encouraged, authorized and/or directed to declare its own state of local emergency and disaster or incorporate by reference the County’s local state of emergency and disaster and to adopt an ordinance for the continuity of town government.
Sec. 7 Validity and Duration of Ordinance and Resumption of Normal Governmental Authority
The provisions herein are presumptively valid, however in the event that any provision of this ordinance is declared to be invalid by a court of competent jurisdiction all remaining provisions shall not be invalidated and remain in full force and effect. The provisions of this Emergency Ordinance shall remain in full force and effect for a period of 60 days, unless amended, rescinded, or readopted by the Russell County Board of Supervisors in conformity with the notice provisions set forth in Virginia Code §15.2-1427 but in no event shall such ordinance be effective for more than 6 months after the conclusion of the disaster. Upon rescission by the Russell County Board of Supervisors or automatic expiration as described herein, this emergency ordinance shall terminate, and normal practices and procedures of government shall resume.
- This ordinance shall be effective upon adoption.
ADOPTED by the Russell County Board of Supervisors.
APPROVED
Rebecca Dye Chairperson
Sec. 5._ Suspension of Deadlines, Time Frames, and Procedures
County personnel are encouraged to take action as is practical and appropriate to meet deadlines or time frames established under state law or county ordinances, however, notwithstanding any provision of law, regulation, or policy to the contrary, any deadlines requiring action by the county, any Public Body, or county employees are suspended. Time frames for review or expedited reviews are also suspended. Failure to meet any deadline or time frame will not constitute a default, violation, approval, ratification, or recommendation. Any policies or procedures inconsistent with this ordinance are hereby suspended.
Sec. 6 Adoption by Incorporated Towns within the Boundaries of Russell County
Each incorporated town within the boundaries of Russell County are encouraged, authorized and/or directed to declare its own state of local emergency and disaster or incorporate by reference the County’s local state of emergency and disaster and to adopt an ordinance for the continuity of town government.
Sec. 7 Validity and Duration of Ordinance and Resumption of Normal Governmental Authority
The provisions herein are presumptively valid, however in the event that any provision of this ordinance is declared to be invalid by a court of competent jurisdiction all remaining provisions shall not be invalidated and remain in full force and effect. The provisions of this Emergency Ordinance shall remain in full force and effect for a period of 60 days, unless amended, rescinded, or readopted by the Russell County Board of Supervisors in conformity with the noticeprovisions set forth in Virginia Code §15.2-1427 but in no event shall such ordinance be effective for more than 6 months after the conclusion of the disaster. Upon rescission by the Russell County Board of Supervisors or automatic expiration as described herein, this emergency ordinance shall terminate, and normal practices and procedures of government shall resume.
- This ordinance shall be effective upon adoption. ADOPTED by the Russell County Board of Supervisors.
APPROVED
Rebecca Dye Chairperson
ATTEST:
Lonzo Lester County Administrator
APPROVED AS TO FORM:
M. Katherine Patton County Attorney
ATTEST:
Lonzo Lester
County Administrator
APPROVED AS TO FORM:
M. Katherine Patton County Attorney
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Russell County, Virginia
Department of Administration
Job Description
Coordinator of Emergency Management
FLSA Status: Non-Exempt
SUMMARY
The Emergency Management Coordinator (EMC) coordinates the Emergency
Management department and serves as a liaison between the County’s employees, fire,
rescue, and other emergency response organizations concerning emergency services.
The EMC is responsible for planning, training, resource coordination, and other emergency
services support activities, both within the county government and in coordination with other
local and state agencies.
The EMC works under the direction of the County Administrator, the Director of Emergency Management, during day-to-day operations and any local, state, or federal declaration of emergency.
The Coordinator will be tasked with developing a county-wide Emergency Operational Plan (EOP) to provide an appropriate, adequate, and timely response to various emergency situations within the context of public, privately owned, and volunteer-based system.
ESSENTIAL FUNCTIONS
The EMC coordinates matters pertaining to Disaster Preparedness, Emergency Management, Recovery Assistance, and administrative coordination with and support for all county emergency services. The essential functions of the position include, but are not limited to:
Emergency Management Oversight
- Develops and updates the comprehensive emergency management plans and
operations to mitigate, prepare for, respond to, and recover from the effects of all natural or manmade hazards.
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Develops emergency management plans, procedures, and resources with County departments, and other local, regional, state, and federal response agencies.
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Works with service agencies within the State and County: Sheriff, Fire Departments, Rescue Services, Water Rescue Services, health care activities, Schools, Social Service agencies, County Public Works, the Red Cross, and others to assure their cooperation in an effective disaster relief system.
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During declaration of emergency events, in consultation with the Director of Emergency Management, activate and staff the County’s Emergency Operations Center.
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During declaration of emergency events, EMC works directly for the Director of Emergency Management to ensure emergency operational services are active and performed.
Russell County, Virginia Department of Administration Job Description
Coordinator of Emergency Management FLSA Status: Non-Exempt
SUMMARY
The Emergency Management Coordinator (EMC) coordinates the Emergency Management department and serves as a liaison between the County’s employees, fire, rescue, and other emergency response organizations concerning emergency services.
The EMC is responsible for planning, training, resource coordination, and other emergency services support activities, both within the county government and in coordination with other local and state agencies.
The EMC works under the direction of the County Administrator, the Director of Emergency Management, during day-to-day operations and any local, state, or federal declaration of emergency.
The Coordinator will be tasked with developing a county-wide Emergency Operational Plan (EOP) to provide an appropriate, adequate, and timely response to various emergency situations within the context of public, privately owned, and volunteer-based system
ESSENTIAL FUNCTIONS
The EMC coordinates matters pertaining to Disaster Preparedness, Emergency Management, Recovery Assistance, and administrative coordination with and support for all county emergency services. The essential functions of the position include, but are not limited to:
Emergency Management Oversight
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Develops and updates the comprehensive emergency management plans and operations to mitigate, prepare for, respond to, and recover from the effects of all natural or manmade hazards.
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Develops emergency management plans, procedures, and resources with County departments, and other local, regional, state, and federal response agencies.
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Works with service agencies within the State and County: Sheriff, Fire Departments, Rescue Services, Water Rescue Services, health care activities, Schools, Social Service agencies, County Public Works, the Red Cross, and others to assure their cooperation in an effective disaster relief system.
4, During declaration of emergency events, in consultation with the Director of Emergency Management, activate and staff the County’s Emergency Operations Center.
- During declaration of emergency events, EMC works directly for the Director of Emergency Management to ensure emergency operational services are active and performed
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Disseminate warnings and notifications of disaster alerts and advise County staff and residents on emergency plans.
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Prepares and submits emergency and non-emergency State and Federal Grant Applications and Reports in compliance with state and federal regulations.
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Researches, prepares, and submits proposals for local, state, or federal funding opportunities such as grants or cost-share awards; administers and maintains accountability for any funding received.
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Prepares state and federal grants, all reimbursement documentation, and any reimbursement activities except for FEMA Public Assistance Reimbursement Grants.
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Ensures emergency preparedness, activities, training programs, and exercises to include workshops, drills, tabletop, functional, and/or full-scale exercises to prepare residents, first responders, and staff to respond quickly and effectively in emergencies.
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Develop and submit the emergency management budget.
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Prepare and make presentations and conduct other outreach activities for citizens
and community groups regarding prevention, identification, and preparedness in emergency situations; participates in other public relations activities in support of the emergency preparedness program.
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Prepare and disseminate educational materials and programs to assist residents in preparing for emergencies both in the home and at work; promotes emergency safety programs.
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Prepare reports for the Director of Emergency Management and the Board of Supervisors pertaining to emergency services and activities.
-
As the Hazardous Materials Coordinator works with the Department of Environmental Quality (DEQ) to develop hazardous response and other environmental incident plans as needed to properly respond to hazardous material incidents concerning waste handling and waste disposal.
-
Develop emergency management plans/strategies for special events organized by the County, in consultation with County emergency service providers.
-
Recruit and train volunteers to assist the County during emergency situations.
Emergency Services Support
- Assist fire/rescue operations/services in developing policies/procedures for
compliance with federal, state, and county laws, rules, regulations, and ordinances.
-
Periodically attends volunteer department meetings and activities to foster positive engagement with the volunteers and their organizations.
-
Coordinate on emergency services purchasing activities and perform grant writing and reporting duties.
-
Collaborate with County emergency communication personnel on protocols.
-
Collaborate with county emergency service providers to concerning resources,
review and modify response patterns, and help ensure effective and efficient use of resources.
-
In concert with local fire and rescue squads, develops, and maintains a strong county-wide volunteer recruitment and retention program and identifies and recommends incentives to help maintain a vibrant roster of fire and rescue volunteers for County agencies.
-
Disseminate warnings and notifications of disaster alerts and advise County staff and residents on emergency plans.
-
Prepares and submits emergency and non-emergency State and Federal Grant Applications and Reports in compliance with state and federal regulations.
-
Researches, prepares, and submits proposals for local, state, or federal funding opportunities such as grants or cost-share awards; administers and maintains accountability for any funding received
-
Prepares state and federal grants, all reimbursement documentation, and any reimbursement activities except for FEMA Public Assistance Reimbursement Grants.
-
Ensures emergency preparedness, activities, training programs, and exercises to include workshops, drills, tabletop, functional, and/or full-scale exercises to prepare residents, first responders, and staff to respond quickly and effectively in emergencies.
-
Develop and submit the emergency management budget.
-
Prepare and make presentations and conduct other outreach activities for citizens and community groups regarding prevention, identification, and preparedness in emergency situations; participates in other public relations activities in support of the emergency preparedness program.
-
Prepare and disseminate educational materials and programs to assist residents in preparing for emergencies both in the home and at work; promotes emergency safety programs.
14, Prepare reports for the Director of Emergency Management and the Board of ‘Supervisors pertaining to emergency services and activities.
-
As the Hazardous Materials Coordinator works with the Department of Environmental Quality (DEQ) to develop hazardous response and other environmental incident plans as needed to properly respond to hazardous material incidents concerning waste handling and waste disposal.
-
Develop emergency management plans/strategies for special events organized by the County, in consultation with County emergency service providers.
-
Recruit and train volunteers to assist the County during emergency situations.
Emergency Services Support
-
Assist fire/rescue operations/services in developing policies/procedures for compliance with federal, state, and county laws, rules, regulations, and ordinances.
-
Periodically attends volunteer department meetings and activities to foster positive engagement with the volunteers and their organizations.
-
Coordinate on emergency services purchasing activities and perform grant writing and reporting duties.
4, Collaborate with County emergency communication personnel on protocols.
-
Collaborate with county emergency service providers to concerning resources, review and modify response patterns, and help ensure effective and efficient use of resources.
-
In concert with local fire and rescue squads, develops, and maintains a strong county-wide volunteer recruitment and retention program and identifies and recommends incentives to help maintain a vibrant roster of fire and rescue volunteers for County agencies.
3
Other
- Work with the Virginia Department of Emergency Management to maintain plans,
annual requirements for grant reporting, and attend required meetings. 8. Attend educational, training classes, and seminars pertaining to Emergency
Management as required for an Emergency Management Coordinator and convey information of interest to local agencies through formal and informal training programs and meetings.
- Performs such other duties as assigned from time to time by the Director of Emergency Management and County Administrator.
REQUIRED KNOWLEDGE, SKILLS AND ABILITIES
Knowledge of:
• Principles of emergency, environmental, and fire hazard prevention; principles and
practices of emergency management, including hazard identification, mitigation, disaster preparedness, response, and recovery.
• Local, state, and federal laws, and regulations regarding emergency services, disaster response, recovery, and mitigation, i.e., the Virginia Department of Emergency Management Laws.
• Understanding of the County’s responsibility to submit the Local Capability Assessment Report (LCAR) annually by May 1 of each year or in compliance with State Code.
• Principles and practices of emergency and disaster preparedness. • Incident Command System (ICS) and the National Incident Management System
(NIMS); Emergency Operations Center (EOC) structure and operating procedures; emergency operations communications systems.
• Interrelationships, responsibilities, goals, and functions of local, state, and federal government in planning, conducting, and implementing emergency services.
• Governmental responsibilities, programs, and response plans for hazardous materials spills and/or emergencies.
Skills in:
• Management with a focus toward positive change and results, along with a strong
commitment to teamwork, goal orientation, and fiscal responsibility. • Preparing and presenting public information, and public speaking. • Techniques for analysis and assessment of the types and extent of damages
caused by various types of disasters. • Operation and use of common office equipment including personal computers and
copiers. • Monitoring of emergency personnel activities, equipment, and supplies. • Preparation of comprehensive reports, correspondence, and plans involving detail,
statistical and other data, or instructions.
Ability to:
• Work independently and take initiative, and to thrive in fast-paced, high-stress
Other
-
Work with the Virginia Department of Emergency Management to maintain plans, annual requirements for grant reporting, and attend required meetings.
-
Attend educational, training classes, and seminars pertaining to Emergency Management as required for an Emergency Management Coordinator and convey information of interest to local agencies through formal and informal training programs and meetings.
-
Performs such other duties as assigned from time to time by the Director of Emergency Management and County Administrator.
REQUIRED KNOWLEDGE, SKILLS AND ABILITIES Knowledge of:
-
Principles of emergency, environmental, and fire hazard prevention; principles and practices of emergency management, including hazard identification, mitigation, disaster preparedness, response, and recovery.
-
Local, state, and federal laws, and regulations regarding emergency services, disaster response, recovery, and mitigation, i.e., the Virginia Department of Emergency Management Laws.
-
Understanding of the County’s responsibility to submit the Local Capability Assessment Report (LCAR) annually by May 1 of each year or in compliance with State Code.
Principles and practices of emergency and disaster preparedness.
Incident Command System (ICS) and the National Incident Management System (NIMS); Emergency Operations Center (EOC) structure and operating procedures; emergency operations communications systems.
- Interrelationships, responsibilities, goals, and functions of local, state, and federal government in planning, conducting, and implementing emergency services.
- Governmental responsibilities, programs, and response plans for hazardous materials spills and/or emergencies.
Skills in:
-
Management with a focus toward positive change and results, along with a strong commitment to teamwork, goal orientation, and fiscal responsibility. Preparing and presenting public information, and public speaking. Techniques for analysis and assessment of the types and extent of damages caused by various types of disasters.
-
Operation and use of common office equipment including personal computers and copiers. Monitoring of emergency personnel activities, equipment, and supplies. Preparation of comprehensive reports, correspondence, and plans involving detail, statistical and other data, or instructions.
Ability to:
- Work independently and take initiative, and to thrive in fast-paced, high-stress
4
environments. • Assess relative cost and benefits of potential actions. • Identify emergency and safety exposures. • Analyze and recommend loss mitigation, prevention and control strategies,
policies, and programs. • Develop and implement emergency and educational activity programs and training. • Interpret state and federal rules, regulations and directives governing disaster and
emergency services. • Exercise appropriate judgment in answering questions and releasing information,
and in analyzing and projecting consequences of decisions and/or recommendations.
• Effectively communicate orally and in writing. • Establish and maintain effective working relations with individuals, groups, and
public agencies.
ACCEPTABLE EDUCATION, EXPERIENCE, AND TRAINING
• Graduation from an accredited college or university with a bachelor’s degree in
Emergency Management, Safety, Public or Business Administration, or related field. Five years of experience in emergency management or public safety, or any equivalent combination of education, training, and experience.
WORKING CONDITIONS AND PHYSICAL REQUIREMENTS
• Incumbent is provided with a County vehicle for use in commuting to and from
work and in the performance of official duties. • Required to carry a cell phone. • Must be able to travel in personal or assigned vehicle to scenes, meetings, or
public events to complete office assignments. • Must be able to respond independently or as directed during odd hours. • Must be available to work some weekends and evenings for presentations,
training, and meetings. • Office environment exposure to computer screens; sitting for prolonged periods of
time. • Must have ability to occasionally lift, push/pull, and hold/carry 50 pounds. • Must have the ability to frequently stand and sit, and occasionally walk over flat
and uneven terrain.
Acknowledged: Approved as to form: Approved:
Employee Date Director of EM Date County Administrator Date
environments.
- Assess relative cost and benefits of potential actions.
Identify emergency and safety exposures. Analyze and recommend loss mitigation, prevention and control strategies, policies, and programs.
Develop and implement emergency and educational activity programs and training. Interpret state and federal rules, regulations and directives governing disaster and
emergency services.
- Exercise appropriate judgment in answering questions and releasing information, and in analyzing and projecting consequences of decisions and/or
recommendations,
Effectively communicate orally and in writing. Establish and maintain effective working relations with individuals, groups, and
public agencies.
ACCEPTABLE EDUCATION, EXPERIENCE, AND TRAINING
- Graduation from an accredited college or university with a bachelor’s degree in Emergency Management, Safety, Public or Business Administration, or related
field. Five years of experience in emergency management or public safety, or any
equivalent combination of education, training, and experience.
WORKING CONDITIONS AND PHYSICAL REQUIREMENTS
- Incumbent is provided with a County vehicle for use in commuting to and from work and in the performance of official duties. Required to carry a cell phone.
Must be able to travel in personal or assigned vehicle to scenes, meetings, or public events to complete office assignments. Must be able to respond independently or as directed during odd hours.
Must be available to work some weekends and evenings for presentations,
training, and meet
- Office environment exposure to computer screens; sitting for prolonged periods of
time.
ings.
Must have ability to occasionally lift, push/pull, and hold/carry 50 pounds. Must have the ability to frequently stand and sit, and occasionally walk over flat and uneven terrain.
Acknowledged:
Approved as to form:
‘Approved:
Employee
Date
Director of EM
Date
County Administrator
Date
1
Russell County
Litter Control and
Disposal Ordinance
§ 17.2-200. Authorization.
This Ordinance is adopted and enacted pursuant to § 15.2-901; Article 2 Waste and Recycling, §§ 15.2-927 et seq and § 33.1-346 of the Code of Virginia, 1950, as amended, for the purpose of promoting the public safety, health, welfare, convenience and enjoyment of the general public, public travel, it is hereby declared to be in the public interest to regulate and restrict the disposal of trash, garbage refuse, litter or other unsightly matter on public highways, right-of-way, property adjacent to such highway or right-of-way, on private property, and solid waste facilities of the County, including but not limited to convenience centers, transfer stations and solitary landfills.
Sec. 17.2-201. Title.
This chapter shall be know and may be cited as the “Russell County Litter Control and Disposal Ordinance.”
Sec. 17.2-202. Definitions.
For purposes of this ordinance, the following words and phrases shall have the meaning respectively ascribed by this section.
Administrator means the Russell County Administrator or his or her duly authorized designee.
Ashes means the residue resulting from the burning of wood, coal, coke or other combustible material.
Board of Supervisors means the Russell County Board of Supervisors.
Brush means bushes, briars, branches, leaves and similar material.
Brush, pruning and tree trimmings means trimmings from growing or dead trees or bushes no more than six inches in diameter. Any such trimmings over four inches will not be accepted. These items will only be accepted at the transfer
Russell County Litter Control and Disposal Ordinance
§ 17.2-200. Authorization.
This Ordinance is adopted and enacted pursuant to § 15.2-901; Article 2 Waste and Recycling, §§ 15.2-927 et seq and § 33.1-346 of the Code of Virginia, 1950, as amended, for the purpose of promoting the public safety, health, welfare, convenience and enjoyment of the general public, public travel, it is hereby declared to be in the public interest to regulate and restrict the disposal of trash, garbage refuse, litter or other unsightly matter on public highways, right-of-way, property adjacent to such highway or right-of-way, on private property, and solid waste facilities of the County, including but not limited to convenience centers, transfer stations and solitary landfills.
Sec, 17.2-201. Title.
This chapter shall be know and may be cited as the “Russell County Litter Control and Disposal Ordinance.”
Sec. 17.2-202. Definitions.
For purposes of this ordinance, the following words and phrases shall have the meaning respectively ascribed by this section.
Administrator means the Russell County Administrator or his or her duly authorized designee.
Ashes means the residue resulting from the burning of wood, coal, coke or other combustible material.
Board of Supervisors means the Russell County Board of Supervisors. Brush means bushes, briars, branches, leaves and similar material.
Brush, pruning and tree trimmings means trimmings from growing or dead trees or bushes no more than six inches in diameter. Any such trimmings over four
inches will not be accepted. These items will only be accepted at the transfer
2
station, with the applicable tipping fee being paid. This shall not include roots or stumps that exceed four inches in diameter.
Bulk waste means appliances, furniture, bedding material, automobile parts, mechanical equipment, mechanical parts, and carpet.
Commercials establishment means a building or other structure and/or lot or tract of land used for or as a part of the operation of a business enterprise, whether for profit or not, which is not used in whole as a residential unit. For the purposes of this ordinance, any structure which is used by the same owner or tenant for both residential and business purposes shall be deemed to be a commercial establishment, provided however, that if the Administrator determines that a mixed use structure generates a volume of solid waste that does not exceed the average amount of waste generated by a residence in Russell County, then such mixed use structure may be deemed to be a residential unit.
Compacted waste means refuse or waste which has been reduced in volume by mechanical or hydraulic means and remains in this state of reduced volume until deposited at the transfer station.
Containers mean any of the following:
-
Residential Reusable Curbside Receptacle: a receptacle made of plastic, metal or fiberglass with a capacity not to exceed thirty-nine (39) gallons, a loaded weight of no more than thirty-five (35) pounds, having a tight fitting lid, and handles of adequate strength to allow for the container to be lifted.
-
Non-Reusable: Plastic sacks designed for refuse disposal with sufficient wall strength to maintain physical integrity when lifted by the top; securely tied at the top for collection, with a capacity not to exceed thirty (30) gallons and a loaded weight not to exceed thirty-five (35) pounds. Non-reusable containers shall also include garbage compactor bags which meet the capacity and weight requirements for plastic sacks. Both reusable and non-reusable containers shall also be referred to as standard containers in this Ordinance.
-
Bulk: Bins of metal construction capable of being emptied by mechanical equipment operated by solid waste disposal operators, the Cumberland Plateau Regional Waste Management Authority, the County, towns located in the County and their contractors, generally referred to as dumpsters, which
station, with the applicable tipping fee being paid. This shall not include roots or stumps that exceed four inches in diameter.
Bulk waste means appliances, furniture, bedding material, automobile parts, mechanical equipment, mechanical parts, and carpet.
Commercials establishment means a building or other structure and/or lot or tract of land used for or as a part of the operation of a business enterprise, whether for profit or not, which is not used in whole as a residential unit. For the purposes of this ordinance, any structure which is used by the same owner or tenant for both residential and business purposes shall be deemed to be a commercial establishment, provided however, that if the Administrator determines that a mixed use structure generates a volume of solid waste that does not exceed the average amount of waste generated by a residence in Russell County, then such mixed use structure may be deemed to be a residential unit.
Compacted waste means refuse or waste which has been reduced in volume by mechanical or hydraulic means and remains in this state of reduced volume until deposited at the transfer station.
Containers mean any of the following:
-
Residential Reusable Curbside Receptacle: a receptacle made of plastic, metal or fiberglass with a capacity not to exceed thirty-nine (39) gallons, a loaded weight of no more than thirty-five (35) pounds, having a tight fitting lid, and handles of adequate strength to allow for the container to be lifted.
-
Non-Reusable: Plastic sacks designed for refuse disposal with sufficient wall strength to maintain physical integrity when lifted by the top; securely tied at the top for collection, with a capacity not to exceed thirty (30) gallons and a loaded weight not to exceed thirty-five (35) pounds. Non-reusable containers shall also include garbage compactor bags which meet the capacity and weight requirements for plastic sacks. Both reusable and non-reusable containers shall also be referred to as standard containers in this Ordinance.
-
Bulk: Bins of metal construction capable of being emptied by mechanical equipment operated by solid waste disposal operators, the Cumberland Plateau Regional Waste Management Authority, the County, towns located in the County and their contractors, generally referred to as dumpsters, which
3
have a capacity of at least two and not more than eight cubic yards. Also included are large capacity roll on dumpsters.
Curbside means that portion of the street or highway right of way adjacent to the paced or traveled portion of a primary or secondary roadway as established by the Virginia Department of Transportation.
Contractor means the person with whom Russell County may contract for the collection of solid waste generated within Russell County, however nothing shall be deemed to require the County to contract for collection of all or part of its solid waste. In the event that the County shall contract for collection of all or part of its solid waste, then the term “Contractor” shall be substituted for Russell County where appropriate in the Ordinance.
Convenience Center means a collection point designated and operate by Russell County at which designated solid waste may be deposited.
County the term “County” shall be deemed to refer to Russell County unless the text of the Ordinance specifically refers to some other county.
Disposal means the storage, collection, disposal or handling of refuse.
Garbage means discarded materials composed of animal, vegetable or other organic matter.
Litter means any solid waste that is disposed of as prohibited herein or allowed to be carelessly discarded or scattered about in unsightly matter. Litter shale include, but not be limited to, garbage, trash, refuse and rubbish as referred to within the Ordinance.
Litter bag means a bag or sack, of durable material, which is large enough to serve as a receptacle for litter inside a vehicle or watercraft which is similar in size and capacity to a state approved litter bag.
Litter receptacle means a container with a capacity of not less than ten gallons constructed of such quality as to maintain the original shape when placed at an outdoor location; reasonably resistant to rust and corrosion; and placed for use as a depository for litter. Appliances (refrigerators, etc.) cannot be used as litter receptacles.
Open dump means a site on which any solid waste is placed, discharged, deposited, injected, dumped, or spilled, so as to create a nuisance or so as to pose within the
have a capacity of at least two and not more than eight cubic yards. Also included are large capacity roll on dumpsters.
Curbside means that portion of the street or highway right of way adjacent to the paced or traveled portion of a primary or secondary roadway as established by the Virginia Department of Transportation.
Contractor means the person with whom Russell County may contract for the collection of solid waste generated within Russell County, however nothing shall be deemed to require the County to contract for collection of all or part of its solid waste. In the event that the County shall contract for collection of all or part of its solid waste, then the term “Contractor” shall be substituted for Russell County where appropriate in the Ordinance.
Convenience Center means a collection point designated and operate by Russell County at which designated solid waste may be deposited.
County the term “County” shall be deemed to refer to Russell County unless the text of the Ordinance specifically refers to some other county.
Disposal means the storage, collection, disposal or handling of refuse.
Garbage means discarded materials composed of animal, vegetable or other organic matter.
Litter means any solid waste that is disposed of as prohibited herein or allowed to be carelessly discarded or scattered about in unsightly matter. Litter shale include, but not be limited to, garbage, trash, refuse and rubbish as referred to within the Ordinance.
Litter bag means a bag or sack, of durable material, which is large enough to serve as a receptacle for litter inside a vehicle or watercraft which is similar in size and capacity to a state approved litter bag
Litter receptacle means a container with a capacity of not less than ten gallons constructed of such quality as to maintain the original shape when placed at an outdoor location; reasonably resistant to rust and corrosion; and placed for use as a depository for litter. Appliances (refrigerators, etc.) cannot be used as litter receptacles.
Open dump means a site on which any solid waste is placed, discharged, deposited, injected, dumped, or spilled, so as to create a nuisance or so as to pose within the
rE 3
4
determination of the Administrator for substantial present or potential hazard to human health or the environment, including the pollution of air, land, surface water or ground water. A disposal facility operation without all permits required by the state and/or federal governments shall be considered an open dump.
Operator means the person responsible for the overall operation and site management of a solid waste facility.
Owner means the person, corporation, or other legal entity in whom is vested the title to and interest in the land on which a solid waste management facility is located; the person, corporation or other legal entity in whom is vested title to and interest in the land upon which a residence, residential unit, multi-unit residential unit, commercial establishment or industry is located.
Permit means the written permission issued by the state or federal government to own, operate, or construct a solid waste management facility; and any licenses issued pursuant to the provisions of this Ordinance.
Person means an individual, corporation, partnership, association, a governmental body, a municipal corporation, or any other legal entity.
Recycling means the process of separating a given waste material from the waste stream and processing it so that it is used again as a raw material for a product, which may or may not be similar to the original thereof.
Refuse means discarded waste materials in a solid or semi-solid state, consisting of garbage, rubbish, or a combination thereof.
Residential unit means a group of rooms located within a building and forming in single inhabitable unit with facilities which are used or are intended to be used for living, sleeping, cooing and/or eating. A residential unit shall also include buildings containing multiple single-family dwelling units, however each unit shall be deemed to be a separate dwelling unit for billing purposes. The term “residential unit “shall also be deemed to include mobile home parks.
Salvage means the authorized, controlled removal of waste materials from a solid waste management facility.
determination of the Administrator for substantial present or potential hazard to human health or the environment, including the pollution of air, land, surface water or ground water. A disposal facility operation without all permits required by the state and/or federal governments shall be considered an open dump.
Operator means the person responsible for the overall operation and site management of a solid waste facility.
Owner means the person, corporation, or other legal entity in whom is vested the title to and interest in the land on which a solid waste management facility is located; the person, corporation or other legal entity in whom is vested title to and interest in the land upon which a residence, residential unit, multi-unit residential unit, commercial establishment or industry is located.
Permit means the written permission issued by the state or federal government to own, operate, or construct a solid waste management facility; and any licenses issued pursuant to the provisions of this Ordinance.
Person means an individual, corporation, partnership, association, a governmental body, a municipal corporation, or any other legal entity.
Recycling means the process of separating a given waste material from the waste stream and processing it so that it is used again as a raw material for a product, which may or may not be similar to the original thereof.
Refuse means discarded waste materials in a solid or semi-solid state, consisting of garbage, rubbish, or a combination thereof.
Residential unit means a group of rooms located within a building and forming in single inhabitable unit with facilities which are used or are intended to be used for living, sleeping, cooing and/or eating. A residential unit shall also include buildings containing multiple single-family dwelling units, however each unit shall be deemed to be a separate dwelling unit for billing purposes. The term “residential unit “shall also be deemed to include mobile home parks.
Salvage means the authorized, controlled removal of waste materials from a solid waste management facility.
5
Scavenge means the unauthorized or uncontrolled removal of waste materials from a solid waste management facility.
Sludge means any solid, semi-solid or liquid waste generated from the a municipal, commercial or industrial wastewater treatment plant, air pollution control facility, or other waste producing facility, but as used in this Ordinance the term does not include the treated effluent from a Wastewater Treatment Plant.
Solid Waste means any garbage, refuse, sludge, or other discarded material, including solid, liquid, semi-solid or contained gaseous material, resulting from residential, industrial, commercial, mining or agricultural operations and from community activities but does not include (i) solid or dissolved material in domestic sewage, (ii) solid or dissolved material in irrigation return flows or in industrial discharges which are sources subject to a permit from the State Water Control Board, or (iii) source, special nuclear, or byproduct material as defined by the Federal Atomic Energy Act of 1954, as amended.
The solid waste herein defined also may refer to the following further defined types, i.e.:
-
Coal Mine Waste: Any commercial waste, construction/ demolition waste, debris waste, inert waste, metals, garbage, mining equipment and/or machinery and any other waste generated prior, during, or after mining activities and which may be disposed of in compliance with this Ordinance and all other applicable state and federal laws and regulations.
-
Commercial Waste: All solid waste generated by establishments engaged in business operations other than manufacturing or construction. This category includes, but is not limited to, solid waste resulting from the operation of stores, markets, office buildings, restaurants, and shopping centers.
-
Construction/Demolition Waste: The waste building material, packaging and rubble, resulting from construction, remodeling, repair and demolition operations on pavement, houses, commercial buildings, and other structures,
-
Debris Waste: Waste resulting from land clearing operations, including but not limited to stumps, wood, brush, leaves, soil and road spoils.
-
Household Waste: Any waste material, including garbage, trash, and refuse normally produced or derived from single and/or multiple residential
Scavenge means the unauthorized or uncontrolled removal of waste materials from a solid waste management facility.
Sludge means any solid, semi-solid or liquid waste generated from the a municipal, commercial or industrial wastewater treatment plant, air pollution control facility, or other waste producing facility, but as used in this Ordinance the term does not include the treated effluent from a Wastewater Treatment Plant.
Solid Waste means any garbage, refuse, sludge, or other discarded material, including solid, liquid, semi-solid or contained gaseous material, resulting from residential, industrial, commercial, mining or agricultural operations and from community activities but does not include (i) solid or dissolved material in domestic sewage, (ii) solid or dissolved material in irrigation return flows or in industrial discharges which are sources subject to a permit from the State Water Control Board, or (iii) source, special nuclear, or byproduct material as defined by the Federal Atomic Energy Act of 1954, as amended.
‘The solid waste herein defined also may refer to the following further defined types,
ies
-
Coal Mine Waste: Any commercial waste, construction demolition waste, debris waste, inert waste, metals, garbage, mining equipment and/or machinery and any other waste generated prior, during, or after mining activities and which may be disposed of in compliance with this Ordinance and all other applicable state and federal laws and regulations.
-
Commercial Waste: All solid waste generated by establishments engaged in business operations other than manufacturing or construction. This category includes, but is not limited to, solid waste resulting from the operation of stores, markets, office buildings, restaurants, and shopping centers.
-
Construction/Demolition Waste: The waste building material, packaging and rubble, resulting from construction, remodeling, repair and demolition operations on pavement, houses, commercial buildings, and other structures,
-
Debris Waste: Waste resulting from land clearing operations, including but not limited to stumps, wood, brush, leaves, soil and road spoils.
-
Household Waste: Any waste material, including garbage, trash, and refuse
normally produced or derived from single and/or multiple residential
6
households and residences. Household wastes do not include sanitary waste in septic tanks (septage).
-
Hazardous Waste: A solid waste or combination of solid waste which, because of its quantity, concentration or physical, chemical or infections characteristics may: (a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or (b) pose a substantial present or potential hazard to human health, the Collection/Disposal System, or the environment from improperly treated, stores, transported, disposed of or otherwise managed. The foregoing definition is intended to include any waste now or hereafter designated as such by state or federal agencies with jurisdiction and authority to promulgate and enforce rules and regulations for the handling and disposal of hazardous and other waste.
-
Ignitable Waste: a. Liquids having a flash point of less than 140 degrees Fahrenheit (60
degrees Centigrade). b. non-liquids liable to cause fires through friction, absorption of moisture,
spontaneous chemical change or retained heat, or which are liable, when ignited, to burn so vigorously and persistently as to create a hazard.
c. Ignitable compressed gases’, and/or oxidizers. 8. Industrial Waste: Any solid waste generated by manufacturing or industrial
process that is not a regulated hazardous waste. Such waste may include, but is not limited to, waste resulting from the following manufacturing processes: Electric power generation; fertilizer/agricultural chemicals; food and related products/byproducts; inorganic chemicals; iron and steel manufacturing; mining or oil and gas operations; leather and leather products; nonferrous metals manufacturing/foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation equipment; and water treatment.
-
Inert Waste: Solid waste which is chemically and biologically stable from further degradation and considered to be non-reactive. Inert waste includes rubble, concrete, broken bricks, bricks, and blocks.
-
Infectious Waste: Any solid waste if it is capable of producing an infectious disease in humans; is one of the controlled infectious wastes listed in any relevant section or sections of the Infectious Waste Management regulations of
households and residences. Household wastes do not include sanitary waste in septic tanks (septage)
- Hazardous Waste: A solid waste or combination of solid waste which, because of its quantity, concentration or physical, chemical or infections characteristics may: (a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or (b) pose a substantial present or potential hazard to human health, the Collection/Disposal System, or
the environment from improperly treated, stores, transported, disposed of or
otherwise managed. The foregoing definition is intended to include any waste now or hereafter designated as such by state or federal agencies with jurisdiction and authority to promulgate and enforce rules and regulations for the handling and disposal of hazardous and other waste.
- Ignitable Waste:
a. Liquids having a flash point of less than 140 degrees Fahrenheit (60 degrees Centigrade).
b. non-liquids liable to cause fires through friction, absorption of moisture, spontaneous chemical change or retained heat, or which are liable, when ignited, to burn so vigorously and persistently as to create a hazard.
c. Ignitable compressed gases’, and/or oxidizers.
- Industrial Waste: Any solid waste generated by manufacturing or industrial process that is not a regulated hazardous waste. Such waste may include, but is
not limited to, waste resulting from the following manufacturing processes: Electric power generation; fertilizer/agricultural chemicals; food and related products/byproduc or oil and gas operations; leather and leather products; nonferrous metals
; inorganic chemicals; iron and steel manufacturing; mining
manufacturing/foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation equipment; and water treatment.
-
Inert Waste: Solid waste which is chemically and biologically stable from further degradation and considered to be non-reactive. Inert waste includes rubble, concrete, broken bricks, bricks, and blocks.
-
Infectious Waste: Any solid waste if it is capable of producing an infectious disease in humans; is one of the controlled infectious wastes listed in any relevant section or sections of the Infectious Waste Management regulations of
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the Virginia Department of Environmental Quality as applicable at any given time, or is identified as infectious by a licensed physician or registered nurse. A waste shall be considered to be capable of producing an infectious disease if it has been, is or may have been contaminated by an organism that is or may be pathogenic to humans and if such organism has a significant probability of being present in sufficient quantities and with sufficient virulence to transmit disease. If the exact cause of a disease is unknown, but the health care professional in charge suspects the presence of a pathogen in the waste is the case, such waste shall be managed as if the pathogen were identified and such waste shall be considered to be infectious waste.
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Institutional/Government Waste: All solid waste emanating from institutions such as, but not limited to, hospitals, nursing homes, orphanages, and public or private schools. It can include infectious waste from health care facilities and research facilities which has not been classified as a hazardous waste by the Virginia Hazardous Waste Regulations or the United States Environmental Protection Agency. Infectious waste which has been defined by state and federal law, rule or regulation as hazardous waste must be excluded from the waste stream.
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Putrescible Waste: Solid waste which contains organic material capable of being decomposed by microorganism, and which causes odors.
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Residential Waste: Household waste.
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Waste Oil: A spent petroleum product or lubricating fluid from vehicles or
equipment.
Solid waste management facility means any facility which engages in a planned program for effectively controlling the storage, collection, transportation, processing and reuse, conversion or disposal of solid waste in a safe, sanitary, aesthetically acceptable, environmentally sound and economic manner, in full compliance with all applicable local, state and federal regulations. The Russell County Transfer Station and Russell County Convenience Centers are Solid Waste Management Facilities.
Trash means non-combustible discarded materials including, but not limited to, ashes, scrap metal, glass, brick, concrete or other construction materials.
Uncompacted waste means refuse or waste which has not been reduced in volume by mechanical or hydraulic means, or if so, has not been maintained in this reduced volume state during the transportation to the landfill.
the Virginia Department of Environmental Quality as applicable at any given time, or is identified as infectious by a licensed physician or registered nurse. A waste shall be considered to be capable of producing an infectious disease if it has been, is or may have been contaminated by an organism that is or may be pathogenic to humans and if such organism has a significant probability of being present in sufficient quantities and with sufficient virulence to transmit disease. If the exact cause of a disease is unknown, but the health care professional in charge suspects the presence of a pathogen in the waste is the case, such waste shall be managed as if the pathogen were identified and such waste shall be considered to be infectious waste.
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Institutional/Government Waste: All solid waste emanating from institutions such as, but not limited to, hospitals, nursing homes, orphanages, and public or private schools. It can include infectious waste from health care facilities and research facilities which has not been classified as a hazardous waste by the Virginia Hazardous Waste Regulations or the United States Environmental Protection Agency. Infectious waste which has been defined by state and federal law, rule or regulation as hazardous waste must be excluded from the waste stream.
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Putrescible Waste: Solid waste which contains organic material capable of being decomposed by microorganism, and which causes odors.
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Residential Waste: Household waste.
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Waste Oil: A spent petroleum product or lubricating fluid from vehicles or equipment.
Solid waste management facility means any facility which engages in a planned program for effectively controlling the storage, collection, transportation, processing and reuse, conversion or disposal of solid waste in a safe, sanitary, aesthetically acceptable, environmentally sound and economic manner, in full compliance with all applicable local, state and federal regulations. The Russell County Transfer Station and Russell County Convenience Centers are Solid Waste Management Facilities.
Trash means non-combustible discarded materials including, but not limited to, ashes, scrap metal, glass, brick, concrete or other construction materials.
Uncompacted waste means refuse or waste which has not been reduced in volume by mechanical or hydraulic means, or if so, has not been maintained in this reduced
volume state during the transportation to the landfill.
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Waste generator means the person who actually produces waste intended for disposal at the landfill.
Waste management facility (See also Solid Waste Management Facility) means that area designated by the County Administrator for the collection of refuse intended for disposal at the Transfer Station or Collection Centers.
White goods means refrigerators, stoves, clothes dryers, washing machines, water heaters, window air conditioners and other large appliances of similar size or character, and waste metal products.
Yard waste means decomposable waste materials generated by yard and lawn care, and include leaves, grass trimmings, brush up to six inches in diameter and shrubs and tree trimmings arising from general landscaping maintenance. This shall not include roots or stumps that exceed four inches in diameter.
Where terms are not defined in this Ordinance and the context or practice requires definition they shall have the meaning specified in Chapter 14 of Title 10.1 of the Code of Virginia, 1950, as amended and/or specified in other relevant statutes, and/or the Solid Waste Management Regulations of the Virginia Department of Environmental Quality, as now or hereafter adopted as are applicable.
In case of conflict, the statutes and regulations applicable to the particular requirement involved shall prevail over those in this Ordinance.
Sec. 17.2-203. General prohibitions.
A. Moving Violations
- Littering Prohibited: Penalties
It shall be unlawful for any person to drop, deposit, discard or otherwise dispose of litter in or upon any public or private property within Russell County, with or without permission of the owner, including, but not limited to any street, sidewalk, park, body of water, vacant or unoccupied lot, except in public litter receptacles, or in authorized private litter receptacles provided for public use, or in an area designated by the State Department of Health as a permitted disposal site.
When a violation of the provisions of this section has been observed by any person, and the matter dumped or disposed of in the highway, right-of-way,
Waste generator means the person who actually produces waste intended for disposal at the landfill.
Waste management facility (See also Solid Waste Management Facility) means that area designated by the County Administrator for the collection of refuse intended for disposal at the Transfer Station or Collection Centers.
White goods means refrigerators, stoves, clothes dryers, washing machines, water heaters, window air conditioners and other large appliances of similar size or character, and waste metal products.
Yard waste means decomposable waste materials generated by yard and lawn care, and include leaves, grass trimmings, brush up to six inches in diameter and shrubs and tree trimmings arising from general landscaping maintenance. This shall not include roots or stumps that exceed four inches in diameter.
Where terms are not defined in this Ordinance and the context or practice requires definition they shall have the meaning specified in Chapter 14 of Title 10.1 of the Code of Virginia, 1950, as amended and/or specified in other relevant statutes, and/or the Solid Waste Management Regulations of the Virginia Department of Environmental Quality, as now or hereafter adopted as are applicable.
In case of conflict, the statutes and regulations applicable to the particular requirement involved shall prevail over those in this Ordinance.
Sec. 17.2-203. General prohibitions.
A. Moving Violations
- Littering Prohibited: Penalties
It shall be unlawful for any person to drop, deposit, discard or otherwise dispose of litter in or upon any public or private property within Russell County, with or without permission of the owner, including, but not limited to any street, sidewalk, park, body of water, vacant or unoccupied lot, except in public litter receptacles, or in authorized private litter receptacles provided for public use, or in an area designated by the State Department of Health as a permitted disposal site.
When a violation of the provisions of this section has been observed by any person, and the matter dumped or disposed of in the highway, right-of-way,
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property adjacent to such highway or right-of-way, or private property has been ejected from a motor vehicle, the owner or operator of such motor vehicle shall be presumed to be the person ejecting such trash, garbage, refuse or other unsightly matter; provided, however, that such presumption shall be rebuttable by competent evidence.
Any person found guilty of a violation of this section shall be guilty of a Class 2 misdemeanor as punishable as provided in Section 17.2-206 of this Ordinance. Any second or subsequent offense shall constitute a Class 1 misdemeanor punishable as provided in Section 17.2-206 of this Ordinance.
- Uncovered Vehicles, Escape of Load
No vehicle shall be driven or moved on any highway unless such vehicle is
constructed or loaded to prevent any of its load from dropping, sifting,
leaking, or otherwise escaping therefrom; provided, however, that sand or
any substance to increase traction or water or other substance may be applied
on a roadway in the cleaning or maintaining of such roadway by the state or
local government agency having such responsibilities.
No person in an aircraft shall throw out, drop or deposit within the County any litter or other object.
Any operator of a vehicle from which an object has escaped, that may cause an obstruction or damage a vehicle or endanger travelers on such public property, shall immediately cause the public property to be cleaned of all objects and shall be responsible for all the costs of removal. Any person found guilty of a violation of this section shall be guilty of a Class 2 misdemeanor as punishable as provided in Section 17.2-206 of this Ordinance. Any second or subsequent offense shall constitute a Class 1 misdemeanor punishable as provided in Section 17.2-206 of this Ordinance.
B. Stationary Violations
- Areas Surrounding Commercial Establishments and Institutions
It shall be the duty of each proprietor and each operator of any business, industry, or institution to keep the adjacent and surrounding area clear and free of litter. These areas include, but are not limited to, public and private sidewalks, roads, and alleys, grounds, parking lots, loading and unloading areas, and all vacant lots which are owned or leased by said establishment or institution.
property adjacent to such highway or right-of-way, or private property has been ejected from a motor vehicle, the owner or operator of such motor vehicle shall be presumed to be the person ejecting such trash, garbage, refuse or other unsightly matter; provided, however, that such presumption shall be rebuttable by competent
evidence.
Any person found guilty of a violation of this section shall be guilty of a Class 2 misdemeanor as punishable as provided in Section 17.2-206 of this Ordinance. Any second or subsequent offense shall constitute a Class 1 misdemeanor punishable as provided in Section 17.2-206 of this Ordinance.
- Uncovered Vehicles, Escape of Load No vehicle shall be driven or moved on any highway unless such vehicle is
constructed or loaded to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom; provided, however, that sand or any substance to increase traction or water or other substance may be applied ona roadway in the cleaning or maintaining of such roadway by the state or local government agency having such responsibilities.
No person in an aircraft shall throw out, drop or deposit within the County any litter or other object.
Any operator of a vehicle from which an object has escaped, that may cause an obstruction or damage a vehicle or endanger travelers on such public property, shall immediately cause the public property to be cleaned of all objects and shall be responsible for all the costs of removal.
Any person found guilty of a violation of this section shall be guilty of a Class 2 misdemeanor as punishable as provided in Section 17.2-206 of this Ordinance. Any second or subsequent offense shall constitute a Class 1 misdemeanor punishable as provided in Section 17.2-206 of this Ordinance.
B. Stationary Violations 1, Areas Surrounding Commercial Establishments and Institutions
It shall be the duty of each proprietor and each operator of any business, industry, or institution to keep the adjacent and surrounding area clear and free of litter. These areas include, but are not limited to, public and private sidewalks, roads, and alleys, grounds, parking lots, loading and unloading areas, and all
vacant lots which are owned or leased by said establishment or institution.
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Any person found guilty of a violation of this section shall be guilty of a Class 2 misdemeanor punishable as provided in Section 17.2-206 of this Ordinance.
- Keeping Exterior of Residential and Commercial Property Clean
It shall be the duty of each residential property owner and tenant to keep all exterior private property free of litter. The owner of occupant of any premises within the County shall be responsible for sanitary conditions of such premises, and it shall be unlawful for any person to place, deposit or allow to be placed or deposited on his premises any solid waste, except as designated by the terms of this Ordinance. It shall be the duty of each owner and tenant to keep all exterior property free of litter or waste, these areas shall include, but not be limited to: sidewalks, public roads, alleys and driveways; yards and grounds; fences; walls and property lines; drainages and vacant lots in both residential and commercial areas. Any violation of this subsection shall constitute a Class 2 misdemeanor punishable as provided in Section 17.2-206 of this Ordinance.
No person shall sweep into or deposit in any gutter, public road, street or water body within the County the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. This includes, but is not limited to, rubbish, which includes grass clippings, hedge trimmings, leaves, pine needles, paper, plastic or other materials classified as litter or waste must be placed in an approved container and properly disposed. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter. Any violation of this subsection shall constitute a Class 3 misdemeanor punishable as provided in Section 17.2-206 of this Ordinance.
Upon violation of this section, the County may proceed against either the tenant, owner or person in control or against all such persons. A warning citation as provided in Section 17.2-204(b) of this Ordinance shall be served on the owner or occupant of any premises upon which solid waste is found in violation of this section, giving the owner or occupant ten (10) days to remove such solid waste. If the owner or occupant does not comply with the terms of
Any person found guilty of a violation of this section shall be guilty of a Class 2 misdemeanor punishable as provided in Section 17.2-206 of this Ordinance.
- Keeping Exterior of Residential and Commercial Property Clean
It shall be the duty of each residential property owner and tenant to keep all exterior private property free of litter. The owner of occupant of any premises within the County shall be responsible for sanitary conditions of such premises, and it shall be unlawful for any person to place, deposit or allow to be placed or deposited on his premises any solid waste, except as designated by the terms of this Ordinance. It shall be the duty of each owner and tenant to keep all exterior property free of litter or waste, these areas shall include, but not be limited to: sidewalks, public roads, alleys and driveways; yards and grounds; fences; walls and property lines; drainages and vacant lots in both residential and commercial areas. Any violation of this subsection shall constitute a Class 2 misdemeanor punishable as provided in Section 17.2-206 of this Ordinance.
No person shall sweep into or deposit in any gutter, public road, street or water body within the County the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. This includes, but is not limited to, rubbish, which includes grass clippings, hedge trimmings, leaves, pine needles, paper, plastic or other materials classified as litter or waste must be placed in an approved container and properly disposed. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter. Any violation of this subsection shall constitute a Class 3 misdemeanor punishable as provided in Section 17.2-206 of this Ordinance.
Upon violation of this section, the County may proceed against either the tenant, owner or person in control or against all such persons. A warning citation as provided in Section 17.2-204(b) of this Ordinance shall be served on the owner or occupant of any premises upon which solid waste is found in violation of this section, giving the owner or occupant ten (10) days to remove such solid waste. If the owner or occupant does not comply with the terms of
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such citation, he or she shall be served a summons for violation of this section.
This section shall not be deemed to prohibit the accumulation of litter awaiting the next regularly scheduled refuse or garbage collection if such property is served by the regularly scheduled garbage, refuse or litter collection. Such collections shall be deemed to be regular if such collection regularly occurs at least once per week or more frequently.
- Indiscriminate Dumping or Discarding of Litter and Solid Waste
It shall be unlawful for any person to discard or dump along any street or road, on or off the right-of-way, any form of solid waste, rubbish, refuse, junk, motor vehicle or vehicle part, rubber tires, appliances, furniture, or any other material or equipment, on public or private property, with or without permission of the property owner, except in County approved receptacles provided for public use for the deposit of said material, or except in an area designated by the State Department of Health as a permitted solid waste disposal site or collection facility.
C. Cleanup of Improperly Disposed Litter or Solid Waste
- Cleanup of Premises by County Authorization
The owners of property within the County shall, within fourteen (14) days of receiving written notice from the County, remove from the property any and all trash, garbage, refuse, litter and other substances which might endanger the health or safety of other residents of the County.
If after fourteen (14) days of receiving the notice, the owners of such property have failed to take action as directed by the notice, the County may have such trash, garbage, refuse, litter and other substances which might endanger the health or safety of other residents of the County, removed by its own agents or employees, in which event the cost or expense thereof shall be chargeable to and paid by the owners of such property and may be collected by the County as taxes are collected.
such citation, he or she shall be served a summons for violation of this section.
This section shall not be deemed to prohibit the accumulation of litter awaiting the next regularly scheduled refuse or garbage collection if such property is served by the regularly scheduled garbage, refuse or litter collection. Such collections shall be deemed to be regular if such collection regularly occurs at least once per week or more frequently.
- Indiscriminate Dumping or Discarding of Litter and Solid Waste
It shall be unlawful for any person to discard or dump along any street or road, on or off the right-of-way, any form of solid waste, rubbish, refuse, junk, motor vehicle or vehicle part, rubber tires, appliances, furniture, or any other material or equipment, on public or private property, with or without permission of the property owner, except in County approved receptacles provided for public use for the deposit of said material, or except in an area designated by the State Department of Health as a permitted solid waste disposal site or collection facility.
C. Cleanup of Improperly Disposed Litter or Solid Waste
1, Cleanup of Premises by County Authorization
The owners of property within the County shall, within fourteen (14) days of receiving written notice from the County, remove from the property any and all trash, garbage, refuse, litter and other substances which might endanger the health or safety of other residents of the County.
If after fourteen (14) days of receiving the notice, the owners of such property have failed to take action as directed by the notice, the County may have such trash, garbage, refuse, litter and other substances which might endanger the health or safety of other residents of the County, removed by its ‘own agents or employees, in which event the cost or expense thereof shall be chargeable to and paid by the owners of such property and may be collected by the County as taxes are collected.
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Execution of the notice to remove litter shall be in writing and shall be in the form set forth in Section 17.2-204 (b) of this ordinance and served by personal service, posted service or sent by registered mail.
Every charge authorized by this section with which the owner of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property ranking on a parity with liens for unpaid local taxes and enforceable in the same manner as provided in Articles 3 (§58.1-3940 et seq) and 4 (§ 58.1-3965 et seq) of Chapter 39 of Title 58.1 of the Code of Virginia, 1950, as amended. The County may waive such liens in order to facilitate the sale of the property. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed.
A violation of this section shall be subject to a civil penalty, not to exceed $50.00 for the first violation, or violations arising from the same set of operative facts. The civil penalty subsequent violations not arising from the same set of operative facts within 12 months of the first violation shall not exceed $200.00. Each business day during which the same violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violation arising from the same set of operative facts result in civil penalties that exceed a total of $3,000.00 in a 12-month period.1
In the event three civil penalties have previously been imposed on the same defendant for the same or similar violation, not arising from the same set of operative facts, within a 24-month period a violation of this subsection shall be a Class 3 misdemeanor.2
D. Litter Receptacles
- Use of Receptacles
a. It shall be unlawful to deposit any item or items except litter in any receptacle placed for public use as a depository for littler. Any item or items, including litter, which are expressly prohibited from being placed in said receptacle by a sign or other writing located on or
1 See §15.2-901 © for enabling act authorizing civil penalty by ordinance.
2 See §15.2-901 (D) for enabling act authorizing Class 3 misdemeanor when three civil penalties have occurred.
Execution of the notice to remove litter shall be in writing and shall be in the form set forth in Section 17.2-204 (b) of this ordinance and served by personal service, posted service or sent by registered mail.
Every charge authorized by this section with which the owner of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property ranking on a parity with liens for unpaid local taxes
and enforceable in the same manner as provided in Articles 3 (§58.1-3940 et seq) and 4 (§ 58.1-3965 et seq) of Chapter 39 of Title 58.1 of the Code of Virginia, 1950, as amended. The County may waive such liens in order to facilitate the sale of the property. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed.
A violation of this section shall be subject to a civil penalty, not to exceed $50.00 for the first violation, or violations arising from the same set of operative facts. The civil penalty subsequent violations not arising from the same set of operative facts within 12 months of the first violation shall not exceed $200.00. Each business day during which the same violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violation arising from the same set of operative facts result in civil penalties that exceed a total of $3,000.00 in a 12-month period.!
In the event three civil penalties have previously been imposed on the same defendant for the same or similar violation, not arising from the same set of operative facts, within a 24-month period a violation of this subsection shall be a Class 3 misdemeanor.
D. Litter Receptacles
- Use of Receptacles a. It shall be unlawful to deposit any item or items except litter in any receptacle placed for public use as a depository for littler. Any item or items, including litter, which are expressly prohibited from being placed in said receptacle by a sign or other writing located on or
- See §15.2-901 © for enabling act authorizing civil penalty by ordinance. See §15.2-901 (D) for enabling act authorizing Class 3 misdemeanor when three civil penalties have occurred.
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around the receptacle, shall not be placed or deposited in said receptacle.
b. Any violation of this subsection shall constitute a Class 2 misdemeanor. A second or subsequent offense shall constitute a Class 1 misdemeanor.
- Providing Adequate Litter Receptacles for Businesses
It shall be the duty of any person owning or operation any commercial establishment to provide receptacles adequate to contain the litter generated at said establishment. The penalty established for violation of this subsection shall be twenty-five ($25.00) dollars for each day of violation. The offender shall receive a summons from the enforcement officer for any violation of this subsection. The offender may pay the fine in lieu of appearing in court on any first offense.
- Providing Adequate Litter Receptacles for Residences a. All household solid waste shall be contained in receptacles or containers
which conform to standards established by the Russell County Board of Supervisors.
b. It shall be unlawful for any person to use an old appliance or other container deemed unacceptable by the County for trash collection.
c. Any violation of this subsection shall constitute a Class 3 misdemeanor. E. Improper Disposal of Waste
- Depositing Improper Waste in Receptacles or Facilities
a. It shall be unlawful to improperly dispose of any solid waste as defined in this Ordinance at a facility operated for or in a receptacle placed for public or private use. Improper disposal shall mean and include the depositing in such facility of solid waste which is not accepted or authorized for disposal by such facility. The types of waste not accepted at any such facility shall be displayed at the entrance of such facility or on the receptacle.
F. Enforcement of Litter Laws; Prosecution; Presumption
- Enforcement
a. Prosecution for a violation of any provision of this act may be initiated by the County Building Inspector, law enforcement officer, litter control officer, or private citizen.
around the receptacle, shall not be placed or deposited in said receptacle.
b. Any violation of this subsection shall constitute a Class 2 misdemeanor. A second or subsequent offense shall constitute a Class 1 misdemeanor.
- Providing Adequate Litter Receptacles for Businesses
It shall be the duty of any person owning or operation any commercial establishment to provide receptacles adequate to contain the litter generated at said establishment. The penalty established for violation of this subsection shall be twenty-five ($25.00) dollars for each day of violation. The offender shall receive a summons from the enforcement officer for any violation of this subsection. The offender may pay the fine in lieu of appearing in court on any first offense.
- Providing Adequate Litter Receptacles for Residences a. All household solid waste shalll be contained in receptacles or containers which conform to standards established by the Russell County Board of Supervisors. b. It shall be unlawful for any person to use an old appliance or other container deemed unacceptable by the County for trash collection. c. Any violation of this subsection shall constitute a Class 3 misdemeanor.
E. Improper Disposal of Waste
1, Depositing Improper Waste in Receptacles or Facilities a. Itshall be unlawful to improperly dispose of any solid waste as
defined in this Ordinance at a facility operated for or in a receptacle placed for public or private use. Improper disposal shall mean and include the depositing in such facility of solid waste which is not accepted or authorized for disposal by such facility. The types of waste not accepted at any such facility shall be displayed at the entrance of such facility or on the receptacle.
F. Enforcement of Litter Laws; Prosecution; Presumption
- Enforcement a. Prosecution for a violation of any provision of this act may be initiated by the County Building Inspector, law enforcement officer, litter control officer, or private citizen.
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Authorization of County Litter Control Office to Bring Civil Action Whereas Section 10.1-1418.1 of the Code of Virginia, 1950, as amended authorizes the County to bring a civil action against any person who improperly disposes of solid waste on the property of the County, without the County’s permission. Whenever a court of competent jurisdiction finds that a person has improperly disposed of solid waste upon the County’s property, without the County’s permission, the court shall assess a civil penalty of up to five thousand dollars ($5,000.00) against such defendant, along with costs and reasonable attorney’s fees. Any civil penalty assessed pursuant to this subsection shall be paid into the Russell County treasury.
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Assign –A-Highway Roadside and Illegal Dump Cleanup For Cleanup of roadside litter and identified illegal dumps within the County, it is hereby established a program pursuant to Section 53.1-129 of the Code of Virginia, 1950, as amended, and the Sheriff of the County and any of his deputies and any Special Conservator of the Peace/Litter Office who has been approved by a court of competent jurisdiction shall be permitted to utilize probationers or remove inmates from the County or Regional Jail under their supervision to work in this program providing that any such inmate has been specifically approved to be permitted to participate in this program by the Sheriff and by the Court. Probationers will be assigned to two-mile designated sections of highway, cleaned up every two weeks for the duration of their assignment to this program. Inmates shall be utilized only for the cleanup for illegal dumps identified by the County Litter Control Department. During the cleanup of illegal dumps, the Special Conservator of the Peace/Litter Control Officer or the Sheriff or his deputies will be present during this volunteer work.
Sec. 17.2-204. Removal, disposal of trash and garbage.
(a) The owners of property in the county shall not accumulate thereon and shall remove there from any and all trash, garbage, refuse, litter and other substances which might endanger the health or safety of other residents of the county.
(b) Notice to property owner:
- The Board of Supervisors may, when it deems it necessary, give written
notice to the owner of any property in the county, and to the person primarily responsible for such property, if different from the owner and if
- Authorization of County Litter Control Office to Bring Civil Action Whereas Section 10.1-1418.1 of the Code of Virginia, 1950, as amended
authorizes the County to bring a civil action against any person who improperly disposes of solid waste on the property of the County, without the County’s permission. Whenever a court of competent jurisdiction finds that a person has improperly disposed of solid waste upon the County’s property, without the County’s permission, the court shall assess a civil penalty of up to five thousand dollars ($5,000.00) against such defendant, along with costs and reasonable attorney’s fees. Any civil penalty assessed pursuant to this subsection shall be paid into the Russell County treasury. 3. Assign -A-Highway Roadside and Illegal Dump Cleanup
For Cleanup of roadside litter and identified illegal dumps within the County, it is hereby established a program pursuant to Section 53.1-129 of the Code of Virginia, 1950, as amended, and the Sheriff of the County and any of his deputies and any Special Conservator of the Peace/Litter Office who has been approved by a court of competent jurisdiction shall be permitted to utilize probationers or remove inmates from the County or Regional Jail under their supervision to work in this program providing that any such inmate has been specifically approved to be permitted to participate in this program by the Sheriff and by the Court. Probationers will be assigned to two-mile designated sections of highway, cleaned up every two weeks for the duration of their assignment to this program. Inmates shall be utilized only for the cleanup for illegal dumps identified by the County Litter Control Department. During the cleanup of illegal dumps, the Special Conservator of the Peace/Litter Control Officer or the Sheriff or his deputies will be present during this volunteer work.
Sec. 17.2-204. Removal, disposal of trash and garbage.
(a) The owners of property in the county shall not accumulate thereon and shall remove there from any and all trash, garbage, refuse, litter and other substances which might endanger the health or safety of other residents of the county.
(b) Notice to property owner:
- The Board of Supervisors may, when it deems it necessary, give written notice to the owner of any property in the county, and to the person primarily responsible for such property, if different from the owner and if
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know, stating the facts that constitute a violation of subsection (a) of this section and directing such person or persons to take such action as may be necessary to rectify the conditions within 14 days from the date of the notice.
- The notice required by the section shall be certified or registered mail to the last known address, or by hand delivery by the Sheriff of the County, his deputy, the county sanitation office or the designee of the County Administrator, to the owner of the property and to the person primarily responsible for such property, if different from the owner and if known, The notice shall be substantially in the following form:
NOTICE TO REMOVE TRASH, GARBAGE, REFUSE, LITTER AND OTHER SUBSTANCES
To: ____________________________ Responsible Party
AT: _________________________
Address of property
Tax Map Number
Pursuant to Code of Virginia §15.2-802 of the Ordinances of Russell County, Virginia, you are hereby notified to remove, within 14 days after the date of this notice, all trash, garbage, refuse, litter and other substances that endanger the health or safety of other residents of the county, in particular (describe the conditions). Upon your failure to remove the same, the county’s agents or employees may remove such trash, garbage, refuse, litter and other substances that endanger the health or safety of other residents of the county, and the cost and expenses of such removal shall be chargeable to and paid by the owner of such property and may be collected by the county as taxes and levies are collected and shall constitute a lien on the property.
© If the property is not cleaned up after receiving the notice required in subsection (b) of this section, the Board of Supervisors may have such trash, garbage, refuse, litter and other like substances that might endanger the health of other residents of the county removed by the county’s own agents and employees, in which event the cost and expenses thereof shall be chargeable to and paid by the
know, stating the facts that constitute a violation of subsection (a) of this section and directing such person or persons to take such action as may be necessary to rectify the conditions within 14 days from the date of the notice.
- The notice required by the section shalll be certified or registered mail to the last known address, or by hand delivery by the Sheriff of the County, his deputy, the county sanitation office or the designee of the County Administrator, to the owner of the property and to the person primarily responsible for such property, if different from the owner and if known, The notice shall be substantially in the following form:
NOTICE TO REMOVE TRASH, GARBAGE, REFUSE, LITTER AND OTHER SUBSTANCES
AT:
To: Address of property Responsible Party
Tax Map Number
Pursuant to Code of Virginia §15.2-802 of the Ordinances of Russell County, Virginia, you are hereby notified to remove, within 14 days after the date of this notice, all trash, garbage, refuse, litter and other substances that endanger the health or safety of other residents of the county, in particular (describe the conditions). Upon your failure to remove the same, the county’s agents or employees may remove such trash, garbage, refuse, litter and other substances that endanger the health or safety of other residents of the county, and the cost and expenses of such removal shall be chargeable to and paid by the owner of such property and may be collected by the county as taxes and levies are collected and shall constitute a lien on the property.
(0) If the property is not cleaned up after receiving the notice required in subsection (b) of this section, the Board of Supervisors may have such trash, garbage, refuse, litter and other like substances that might endanger the health of other residents of the county removed by the county’s own agents and employees, in which event the cost and expenses thereof shall be chargeable to and paid by the
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owners of such property and may be collected by the county as taxes and levies are collected.
(d) Every charge authorized by this section with which the owner and lien holder of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property ranking on a parity with lien for unpaid local taxes and enforceable in the same manner as provided in Code of Virginia, §§ 58.1-3940 et seq. and 58.1-3965 et seq.
(e) Trash, garbage, refuse, litter and other debris shall be disposed of in personally owned or privately owned receptacles that are provided for such use and for the use of the persons and disposing such matter or in authorized facilities provided for such purpose, and in no other manner not authorized by law.
§ 17.2-205. Dumping Trash on Highway, Right-Of-Way or Private Property.
(a) It shall be unlawful for any person to dump or otherwise dispose of trash, garbage, refuse, litter or other unsightly matter, on public property, including a public highway, right-of-way, property adjacent to such highway or right-of- way, or on private property without the written consent of the owner thereof or his agent.
(b) When any persons is arrested for a violation of this section, and the matter alleged to have been illegally dumped or disposed of has been ejected from a motor vehicle or transported to the disposal site in a motor vehicle, the arresting officer may comply with the provisions of Code of Virginia, §46.2-936, in making such arrest.
© When a violation of the provisions of this section has been observed by any person, and the matter illegally dumped or disposed of has been ejected or removed from a motor vehicle, the owner or operator of such motor vehicle shall be presumed to be the person ejecting or disposing of such matter. However, such presumption shall be rebuttable by competent evidence.
(d) Any person who violates this section shall, upon conviction, be guilty of a Class 1 misdemeanor punishable by confinement in jail for not more than twelve (12) months and a fine of not less than $250.00 nor more than $2,500.00, either or both.
(e) The provisions of this section shall not apply to the lawful disposal of such matter in landfills, the county transfer station or county convenience stations.
(f) The Commonwealth Attorney of Russell County, Virginia or his designee shall be responsible for all prosecutions under this section.
‘owners of such property and may be collected by the county as taxes and levies are collected.
(a) Every charge authorized by this section with which the owner and lien holder of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property ranking on a parity with lien for unpaid local taxes and enforceable in the same manner as provided in Code of Virginia, §6 58.1-3940 et seq, and 58.1-3965 et seq.
(e) Trash, garbage, refuse, litter and other debris shall be disposed of in personally ‘owned or privately owned receptacles that are provided for such use and for the use of the persons and disposing such matter or in authorized facilities provided for such purpose, and in no other manner not authorized by law.
§ 17.2-205. Dumping Trash on Highway, Right-Of-Way or Private Property.
(a) It shall be unlawful for any person to dump or otherwise dispose of trash, garbage, refuse, litter or other unsightly matter, on public property, including a public highway, right-of-way, property adjacent to such highway or right-of- way, or on private property without the written consent of the owner thereof or his agent.
(b) When any persons is arrested for a violation of this section, and the matter alleged to have been illegally dumped or disposed of has been ejected from a motor vehicle or transported to the disposal site in a motor vehicle, the arresting officer may comply with the provisions of Code of Virginia, §46.2-936, in making such arrest.
© When a violation of the provisions of this section has been observed by any person, and the matter illegally dumped or disposed of has been ejected or removed from a motor vehicle, the owner or operator of such motor vehicle shall be presumed to be the person ejecting or disposing of such matter. However, such presumption shall be rebuttable by competent evidence.
(d) Any person who violates this section shall, upon conviction, be guilty of a Class 1 misdemeanor punishable by confinement in jail for not more than twelve (12) months and a fine of not less than $250.00 nor more than $2,500.00, either or both.
(e) The provisions of this section shalll not apply to the lawful disposal of such matter in landfills, the county transfer station or county convenience stations.
(f) The Commonwealth Attorney of Russell County, Virginia or his designee shall be responsible for all prosecutions under this section.
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§17.2-206. Penalties.
The authorized punishments for a conviction of a misdemeanor are:
(a) For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500.00, either or both.
(b) For Class 2 misdemeanors, confinement in jail for not more than six months and fine of not more than $1,000.00, either or both.
© For Class 3 misdemeanors, a fine of not more than $500.00. (d) For Class 4 misdemeanors, a fine of not more than $250.00.
§17.2-207. Effective Date of Ordinance.
This ordinance shall be effective on the ____ day of ___________, 2018. The County Administrator is directed to file a certified copy of this Ordinance in the Offices of the Clerk of the General District Court of Russell County and the Clerk of the Circuit Court of Russell County.
Adopted this the _____ day of __________, 2018.
§17.2-206. Penalties. The authorized punishments for a conviction of a misdemeanor are:
(a) For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500.00, either or both.
(b) For Class 2 misdemeanors, confinement in jail for not more than six months and fine of not more than $1,000.00, either or both.
(0) For Class 3 misdemeanors, a fine of not more than $500.00.
(d) For Class 4 misdemeanors, a fine of not more than $250.00.
§17.2-207. Effective Date of Ordinance.
- The County Administrator is directed to file a certified copy of this Ordinance in the Offices of the Clerk of the General District Court of Russell County and the Clerk of the Circuit Court of Russell County.
This ordinance shall be effective on the day of
Adopted this the day of 2018.
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Board of Supervisors Action Item D-1 – D-4 137 Highland Drive Presenter: Administrator Lebanon, VA 24266
Meeting: 3/1/21 6:00 PM
County Administrator Reports & Requests The County Administrator Reports & Request for March 2021:
REPORTS
-
Dante & Hamlin Trash Disposal Center……………………………………………….C-1
-
Fiscal Year 21/22 Budget Meeting Schedule………….………………….…………C-2
REQUESTS
-
CARES Broadband Fund – Point Broadband – Flats Project……………………C-3
-
VBCOA Conference (Virtual) – Bridgett McGlothlin………….…….………………C-4
STAFF RECOMMENDATION(s): Board Discretion.
SUGGESTED MOTION(s): Board Discretion.
ATTACHMENTS:
• Various
Russell County Government Center 137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011
http://www.russellcountyva.us/ http://www.russellcountyva.us/ Board of Supervisors Action Item D-1 - D-4
137 Highland Drive Presenter: Administrator Lebanon, VA 24266
Meeting: 3/1/21 6:00 PM
County Administrator Reports & Requests The County Administrator Reports & Request for March 2021:
REPORTS
-
Dante & Hamlin Trash Disposal Center.
-
Fiscal Year 21/22 Budget Meeting Schedule…
REQUESTS
-
CARES Broadband Fund - Point Broadband - Flats Project…
-
VBCOA Conference (Virtual) — Bridgett McGlothlin
‘STAFF RECOMMENDATION(s):
Board Discretion.
SUGGESTED MOTION(s): Board Discretion.
ATTACHMENTS:
- Various
Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www. russellcountyva.us
community designd assistance center
College of Architecture and Urban Studies Virginia Polytechnic Institute and State University
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Conceptual Redevelopment Plan
Executive Summary
Prepared for Russell County September 2020
Conceptual Redevelopment Plan
Executive Summary
Prepared for Russell County ‘September 2020
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College of Architecture and Urban Studies Virginia Polytechnic Institute and State University
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Project funding provided by an Environmental Protection Agency (EPA) Brownfields Assessment grant through the Community Design
Assistance Center (CDAC) at Virginia Tech
Project funding provided by an Environmental Protection Agency (EPA) Brownfields Assessment grant through the Community Design Assistance Center (CDAC) at Virginia Tech
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community designd assistance center
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Community Design Assistance Center 101 South Main Street, Blacksburg, Virginia 24060
p: 540.231.5644 f: 540.231.6089 http://www.cdac.arch.vt.edu
Elizabeth Gilboy Director
Joe Morici Brownfields Practice Leader Cardno
Project Team
The Community Design Assistance Center (CDAC) is an outreach center in the College of Architecture and Urban Studies at Virginia Tech that assists communities, neighborhood groups and non-profit organizations in improving the natural and built environments. Assistance is provided in the areas of landscape architecture, architecture, planning, and interior design. Working with communities, the conceptual planning and design provides communities with a graphic vision of their project that can then be used for grant applications and fundraising for the next steps toward implementation.
Amelia Hulshult Urban and Regional Planning Graduate Student
Nick Proctor Project Manager
Josh Sexton Senior Geologist Cardno
Project Team
Elizabeth Gilboy Nick Proctor Amelia Hulshult Director Project Manager Urban and Regional Planning Graduate Student
Joe Morici Josh Sexton Brownfields Practice Leader Senior Geologist Cardno Cardno
The Community Design Assistance Center (CDAC) is an outreach center in the College of Architecture and Urban Studies at Virginia Tech that assists communities, neighborhood groups and non-profit organizations in improving the natural and
built environments. Assistance is provided in the areas of landscape architecture, architecture, planning, and interior design. Working with communities, the conceptual planning and design provides communities with a graphic vision of their project that can then be used for grant applications and fundraising for the next steps toward implementation.
Community Design Assistance Center 101 South Main Street, Blacksburg, Virginia 24060 p: 840.231.5644 _f. 540.231.6089 htlo:/www.cdac.arch.vi.edu
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ACKNOWLEDGMENTS
The CDAC team would like to acknowledge the following individuals for their contributions throughout the project:
Lonzo Lester County Administrator, Russell County
Lou Wallace Member, Russell County Board of Supervisors
Brian Ferguson Director of Solid Waster, Russell County
Brad Kreps Director, Clinch Valley Program, The Nature Conservancy
and
Those who volunteered time for the betterment of Russell County.
ACKNOWLEDGMENTS
The CDAC team would like to acknowledge the following individuals for their contributions throughout the project:
Lonzo Lester County Administrator, Russell County
Lou Wallace Member, Russell County Board of Supervisors
Brian Ferguson Director of Solid Waster, Russell County
Brad Kreps Director, Clinch Valley Program, The Nature Conservancy
and
Those who volunteered time for the betterment of Russell County.
Bib corvniy soso Jossstance center
community designd assistance center
College of Architecture and Urban Studies Virginia Polytechnic Institute and State University
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TABLE OF CONTENTS
Introduction 6 Project Location 7 Proximity to Nearby Communities 9 Site Overview 10 Design Process 11
Final Design Concept
Site Master Plan Design Description 14 Site Master Plan 17 Tax Parcel Overlay 18 Vehicle Drive Lane Simulation 19 Perspective and Precedent Images 20 Riparian Plants 21
TABLE OF CONTENTS
Introduction Project Location
Proximity to Nearby Communities Site Overview
Design Process
Fi ign Concept
Site Master Plan Design Description Site Master Plan Tax Parcel Overlay Vehicle Drive Lane Simulation Perspective and Precedent Images Riparian Plants
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College of Architecture and Urban Studies Virginia Polytechnic Institute and State University
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PROJECT DESCRIPTION
Introduction
The Community Design Assistance Center (CDAC) of Virginia Tech received a U.S. Environmental Protection Agency (EPA) Brownfields Assessment grant to assess and help communities develop conceptual redevelopment plans for potentially contaminated sites in southwest Virginia communities.
The EPA Assessment Grant provides funding for CDAC to help communities determine if a site is contaminated (and if so, with what), and then to plan for the possible redevelopment of that site through conceptual design development. EPA does not require or commit communities to any cleanup if the community participates in this process.
EPA’s goals are to:
The EPA describes Brownfields as: “A brownfield is a property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.”
The purpose of this project was to work with a Stakeholders Committee to create a conceptual redevelopment plan for former Sun Motors property. The primary end-use of the property would be a solid waste transfer station operated by Russell County.
A Phase I Environmental Site Assessment (ESA) was conducted as part of this project and included a review of property records, a site inspection, and interviews with owners, occupants, neighbors and local government officials. Phase II sampling and laboratory analysis was not be conducted during this project.
• protect human health and the environment • sustain reuse • promote partnerships, and • strengthen the marketplace
PROJECT DESCRIPTION
Introduction
‘The Community Design Assistance Center (CDAC) of Virginia Tech received a U.S. Environmental Protection Agency (EPA) Brownfields Assessment grant to assess and help communities develop conceptual redevelopment plans for potentially contaminated sites in southwest Virginia communities.
The EPA Assessment Grant provides funding for CDAC to help communities determine if a site is contaminated (and if so, with what), and then to plan for the possible redevelopment of that site through conceptual design development. EPA does not require or commit communities to any cleanup if the community participates in this process.
EPA’s goals are to:
- protect human health and the environment
- sustain reuse
-
promote partnerships, and
-
strengthen the marketplace
The EPA describes Brownfields as: “A brownfield is a property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.”
The purpose of this project was to work with a Stakeholders Committee to create a conceptual redevelopment plan for former Sun Motors property. The primary end-use of the property would be a solid waste transfer station operated by Russell County.
‘A Phase | Environmental Site Assessment (ESA) was conducted as part of this project and included a review of property records, a site inspection, and interviews with owners, occupants, neighbors and local government officials. Phase Il sampling and laboratory analysis was not be conducted during this project.
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community designd assistance center
College of Architecture and Urban Studies Virginia Polytechnic Institute and State University
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PROJECT DESCRIPTION
Project Location
77
81
81
64
Sun, VA Russell County
Richmond
Sun St. Paul Lebanon
Chilhowie
Marion
Tazewell
Abingdon
Norton
Wise Dante
Wise
Russell
Scott
Dickenson
KENTUCKY WEST VIRGINIA
Buchanan
Washington
Smyth
Tazewell
19
19
58
58
63
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Sun is an unincorporated area located along Rt. 63 in Russell County (above). The former Sun Motors Company property is unoccupied and located between the communities of Dante and St. Paul (below). The following pages show the project location’s proximity to nearby communities and an overview of the site.
PROJECT DESCRIPTION
Project Location
Sun is an unincorporated area located along Rt. 63 in Russell County (above).
The former Sun Motors Company property is unoccupied and located between the ‘communities of Dante and St. Paul (below). The following pages show the project location’s proximity to nearby communities and an overview of the site.
KENTUCKY, WEST
Disclaimer : This drawing is conceptual and was prepared to show approximate location and arrangement of site features. It is subject to change and is not intended to replace the use of construction documents. The client should consult appropriate professionals before any construction or site work is undertaken. The Community Design Assistance Center is not responsible for the inappropriate use of this drawing.
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Disclaimer : This drawing is conceptual and was prepared to show approximate location, arrangement, and dimensions of site features. It is subject to change and is not intended to replace the use of construction documents. The client should consult appropriate professionals before any construction or site work is undertaken. The Community Design Assistance Center is not responsible for the inappropriate use of this drawing.
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community design assistance center
College of Architecture and Urban Studies Virginia Polytechnic Institute and State University
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Disclaimer : This drawing is conceptual and was prepared to show approximate location and arrangement of site features. It is subject to change and is not intended to replace the use of construction documents. The client should consult appropriate professionals before any construction or site work is undertaken. The Community Design Assistance Center is not responsible for the inappropriate use of this drawing.
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community design assistance center
College of Architecture and Urban Studies Virginia Polytechnic Institute and State University
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Disclaimer : This drawing is conceptual and was prepared to show approximate location, arrangement, and dimensions of site features. It is subject to change and is not intended to replace the use of construction documents. The client should consult appropriate professionals before any construction or site work is undertaken. The Community Design Assistance Center is not responsible for the inappropriate use of this drawing.
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community design assistance center
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Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
0 50 100 150 20025 Feet
Approximate Project Area Phillips Tract Managed by The Nature Conservancy Wetland Parcels
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PROJECT DESCRIPTION
Design Process
Due to the COVID-19 pandemic, the design process began with a virtual stakeholder input session on May 19, 2020. During that meeting the CDAC team and Russell County stakeholders discussed their broad vision for the former Sun Motors property to be utilized as a solid waste transfer station. A representative from Cardno, an environmental consultant for the CDAC, obtained drone and on-the-ground photography that was shared with the CDAC team. These site photographs and input from the stakeholders created a comprehensive foundation that the CDAC team used to develop two preliminary conceptual site master plans.
The CDAC team presented the preliminary design concept virtually on July 14, 2020. Following the presentation, stakeholders provided feedback about what they (dis)liked about each design. The final design concept was presented virtually on August 27, 2020.
PROJECT DESCRIPTION
Design Process
Due to the COVID-19 pandemic, the design process began with a virtual stakeholder input session on May 19, 2020. During that meeting the CDAC team and Russell County stakeholders discussed their broad vision for the former Sun Motors property to be utilized as a solid waste transfer station. A representative from Cardno,
an environmental consultant for the CDAC, obtained drone and on-the-ground photography that was shared with the CDAC team. These site photographs and input from the stakeholders created a comprehensive foundation that the CDAC team used to develop two preliminary conceptual site master plans.
The CDAC team presented the preliminary design concept virtually on July 14, 2020. Following the presentation, stakeholders provided feedback about what they (dis)liked about each design. The final design concept was presented virtually on August 27, 2020,
Bib corvniy cos Jossstance center
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13FINAL DESIGN CONCEPT
FINAL DESIGN CONCEPT
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S
FINAL DESIGN CONCEPT
Site Master Plan
Design Description
The final design concept redevelops the former Sun Motors property into a Russell County solid waste transfer station that provides increased access for County residents to trash collection services. The site master plan is mindful of vehicle/ pedestrian safety, user friendliness, aesthetic appearance, and environmental sensitivity.
General Site Layout The site is organized in a linear fashion where vehicles move through the site using a one-way traffic pattern. Patrons enter the site in the northwest corner of the site off of Rt. 63 and exit in the southeast corner. A small attendant building is located near the site entrance to help guide patrons to the appropriate disposal lane.
Disposal Lanes The site has three disposal areas. Each disposal area is summarized as the following:
• Trash compactor ◦ The trash compactor is the closest to site entrance. The trash
compactor is used for the disposal of household trash and small items. The compactor is fixed permanently in place but the container is removed periodically to be emptied off-site.
• Open-top containers via raised platform ◦ There are two open-top containers, one located on the north and
south side of the raised platform. The platform raises patrons 8 feet above the ground, on level with the top edge of the open-top container. The platform makes disposing items in the containers much easier, particularly for elder members of the community.
• Recycling and Cardboard ◦ Patrons do not go over the raised platform but instead go to either side
where recycling/cardboard containers are located on ground level ◦ There are two containers for both single-stream recycling and
cardboard. One set is located closest to Rt. 63 near the attendant building. The second set is located south of the open-top containers.
The entire site is limited to a one-way traffic pattern. If a patron needs to utilize more than one disposal lane, he/she must exit the site using the southeast exit and re-enter from the northwest entrance.
Stream Bank Stabilization There is a stream located on the southern boundary of the site. Over the years the stream channel has begun to compromise the road stability of Rt. 63. The condition of the stream is also a priority given that it flows directly into the Clinch River, one of North America’s most biologically diverse water systems. While the stream is located outside of the site boundary, Russell County leadership has expressed interest in
s FINAL DESIGN CONCEPT
Site Master Plan Design Description
The final design concept redevelops the former Sun Motors property into a Russell County solid waste transfer station that provides increased access for County residents to trash collection services. The site master plan is mindful of vehicle/ pedestrian safety, user friendliness, aesthetic appearance, and environmental sensitivity.
General Site Layout The site is organized in a linear fashion where vehicles move through the site using a
one-way traffic pattern. Patrons enter the site in the northwest corner of the site off of Rt. 63 and exit in the southeast corer. A small attendant building is located near the site entrance to help guide patrons to the appropriate disposal lane.
Disposal Lanes The site has three disposal areas. Each disposal area is summarized as the following:
- Trash compactor ° The trash compactor is the closest to site entrance. The trash compactor is used for the disposal of household trash and small items. The compactor is fixed permanently in place but the container is removed periodically to be emptied off-site.
- Open-top containers via raised platform © There are two open-top containers, one located on the north and south side of the raised platform. The platform raises patrons 8 feet above the ground, on level with the top edge of the open-top container. The platform makes disposing items in the containers much easier, particularly for elder members of the community.
- Recycling and Cardboard
- Patrons do not go over the raised platform but instead go to either side where recycling/cardboard containers are located on ground level
- There are two containers for both single-stream recycling and cardboard. One set is located closest to Rt. 63 near the attendant building. The second set is located south of the open-top containers.
The entire site is limited to a one-way traffic pattern. If a patron needs to utilize more than one disposal lane, he/she must exit the site using the southeast exit and re-enter from the northwest entrance.
Stream Bank Stabilization There is a stream located on the southern boundary of the site. Over the years the stream channel has begun to compromise the road stability of Rt. 63. The condition of the stream is also a priority given that it flows directly into the Clinch River, one of North America’s most biologically diverse water systems. While the stream is located outside of the site boundary, Russell County leadership has expressed interest in
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FINAL DESIGN CONCEPT
partnering with both the Virginia Department of Transportation (VDOT) and The Nature Conservancy to stabilize the stream channel, remediate any environmental concerns caused by previous land uses associated with the former Sun Motors business, and establish a high functioning riparian buffer. The following pages contain initial suggestions for plant material. The plant list should be refined after consulting with the various partners associated with the stream bank restoration effort.
Special Property Line Considerations Primary design elements are all located within the sites parcel lines, as determined by as derived from the Russell County GIS. The design does not comply with traditional setback standards along the southeast boundary with The Nature Conservancy property; including the security fence. A formal survey and proper due diligence must be conducted before any property transactions, construction activities, or environmental remediation takes place.
FINAL DESIGN CONCEPT
partnering with both the Virginia Department of Transportation (VDOT) and The Nature Conservancy to stabilize the stream channel, remediate any environmental concerns caused by previous land uses associated with the former Sun Motors business, and establish a high functioning riparian buffer. The following pages contain initial suggestions for plant material. The plant list should be refined after consulting with the various partners associated with the stream bank restoration effort.
Special Property Line Considerations Primary design elements are all located within the sites parcel lines, as determined by as derived from the Russell County GIS. The design does not comply with traditional setback standards along the southeast boundary with The Nature Conservancy property; including the security fence. A formal survey and proper due diligence must be conducted before any property transactions, construction activities, or environmental remediation takes place.
Bib corvniy cos Jossstance center
Disclaimer : This drawing is conceptual and was prepared to show approximate location and arrangement of site features. It is subject to change and is not intended to replace the use of construction documents. The client should consult appropriate professionals before any construction or site work is undertaken. The Community Design Assistance Center is not responsible for the inappropriate use of this drawing.
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Disclaimer : This drawing is conceptual and was prepared to show approximate location, arrangement, and dimensions of site features. It is subject to change and is not intended to replace the use of construction documents. The client should consult appropriate professionals before any construction or site work is undertaken. The Community Design Assistance Center is not responsible for the inappropriate use of this drawing.
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College of Architecture and Urban Studies Virginia Polytechnic Institute and State University
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A Facility Entrance (one-way; gated) B Attendant Building
-Small room -Restroom -Tool storage -Parking
C Open Top Dumpster D Trash Compactor E Raised Platform To Open Top Dumpsters
-Overall Ramp Dimensions: -12’ wide at ramp entrance and exit -16’ wide at open top containers -120’ long -8’ tall at ramp center
F Cardboard Container G Recycling Container H Facility Exit (one-way; gated) I Hanging Welcome/Information Sign J Stream Bank Restoration
-Correction of Stream Channel, if necessary -Riparian Plant Buff er -Stream Bank Stabilization
Perspective Viewshed Perimeter Fence
-Chain-link with green fabric
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Key ‘A Facilty Entrance (one-way; gated) B Attendant Building ‘Small room “Restroom Tool storage “Parking (Open Top Dumpster Trash Compactor Raised Platform To Open Top Dumpsters -Overall Ramp Dimensions: “12! wide at ramp entrance and exit -16’ wide at open top containers. “120 ong -8’ tll at ramp center Cardboard Container Recycling Container Facility Ext (one-way; gated) Hanging Welcomelinformation Sign ‘Stream Bank Restoration “Correction of Stream Channel, if necessary -Riparian Plant Buffer -Stream Bank Stabilization Perspective Viewshed |< Perimeter Fence -Chaintink with green fabric
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Site Master Plan August 27, 2020
Disclaimer : This drawing is conceptual and was prepared to show approximate location and arrangement of site features. It is subject to change and is not intended to replace the use of construction documents. The client should consult appropriate professionals before any construction or site work is undertaken. The Community Design Assistance Center is not responsible for the inappropriate use of this drawing.
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Disclaimer : This drawing is conceptual and was prepared to show approximate location, arrangement, and dimensions of site features. It is subject to change and is not intended to replace the use of construction documents. The client should consult appropriate professionals before any construction or site work is undertaken. The Community Design Assistance Center is not responsible for the inappropriate use of this drawing.
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community design assistance center
College of Architecture and Urban Studies Virginia Polytechnic Institute and State University
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Parcel: 2113 Heartwood Forestlan Fund; Managed by The Nature ConservancyNOTE: Approximate property lines derived from Russell County, VA
GIS. Boundaries shown within drawing should be confi rmed with a formal survey, particularly along the southeast boundary.
Tax ID: 2114 Phillips, David
Tax ID: 2114A Phillips, David
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Tax ID: 21144 Phillips, David
NOTE: Approximate property lines derived from Russell County, VA GIS. Boundaries shown within drawing should be confirmed with a formal survey, particularly along the southeast boundary.
Tax ID: 2114 Phillips, David
Parcel: 2113 Heartwood Forestlan Fund; Managed by The Nature Conservancy
12.5 25° N 50°
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Use of construction documents ‘he client should consut oppropriale profesionals betore {any constuction oe site work Undertaken. The Cormmurity Design Asssionce Centers not responsile Tor the inoporopriote Use of ths crowing,
Sun, VA: Conceptual Redevelopment Plan for the Former Sun Motors Property Final Design Concept Tax Parcel Overlay August 27, 2020
Disclaimer : This drawing is conceptual and was prepared to show approximate location and arrangement of site features. It is subject to change and is not intended to replace the use of construction documents. The client should consult appropriate professionals before any construction or site work is undertaken. The Community Design Assistance Center is not responsible for the inappropriate use of this drawing.
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community design assistance center
College of Architecture and Urban Studies Virginia Polytechnic Institute and State University
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Disclaimer : This drawing is conceptual and was prepared to show approximate location, arrangement, and dimensions of site features. It is subject to change and is not intended to replace the use of construction documents. The client should consult appropriate professionals before any construction or site work is undertaken. The Community Design Assistance Center is not responsible for the inappropriate use of this drawing.
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community design assistance center
College of Architecture and Urban Studies Virginia Polytechnic Institute and State University
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Sun, VA: Conceptual Redevelopment Plan for the
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Final Design Concept
Former Sun Motors Property Vehicle Drive Lane Simulation
August 27, 2020
Disclaimer : This drawing is conceptual and was prepared to show approximate location and arrangement of site features. It is subject to change and is not intended to replace the use of construction documents. The client should consult appropriate professionals before any construction or site work is undertaken. The Community Design Assistance Center is not responsible for the inappropriate use of this drawing.
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community design assistance center
College of Architecture and Urban Studies Virginia Polytechnic Institute and State University
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Disclaimer : This drawing is conceptual and was prepared to show approximate location, arrangement, and dimensions of site features. It is subject to change and is not intended to replace the use of construction documents. The client should consult appropriate professionals before any construction or site work is undertaken. The Community Design Assistance Center is not responsible for the inappropriate use of this drawing.
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community design assistance center
College of Architecture and Urban Studies Virginia Polytechnic Institute and State University
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Perspective: Raised Platform for Open Top with Ground-Level Access to Trash Compactor, Recycling, and Cardboard Containers A raised vehicle platform that is centrally located elevates patrons 6 feet above ground level. The raised platform makes disposing trash easier, eliminating the need to hoist bags 6’ or more into the receptacle. The one-way vehicle circulation guides drivers through the facility in a manner that improves pedestrian and vehicle safety. A small attendant building can be seen on the left. Fi
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A small attendant building provides a comfortable work space and has a small room, tool storage, and restroom.
Chain link fencing is used with a green privacy fabric that enhances both security and aesthetic appearance of the transfer station.
A raised vehicle platform makes disposing trash simpler.
Cardboard and recycling containers are accessed at ground level.
community design assistance center
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SUN SOLID WASTE TRANSFER STATION
Perspective: Raised Platform for Open Top with Ground-Level Access to Trash Compactor, Recycling, and Cardboard Containers Araised vehicle platform that is centrally located elevates patrons 6 feet above ground level. The raised platform makes disposing trash easier, eliminating the need to hoist bags 6" or more into the receptacle. The one-way vehicle circulation guides drivers through the facility in a manner that improves pedestrian and vehicle safety. A small attendant building can be seen on the left.
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Cardboard and recycling containers are accessed Chain link fencing is used with a green privacy A’smalll attendant building provides a comfortable simpler. at ground level fabric that enhances both security and aesthetic work space and has a small room, tool storage, appearance of the transfer station. and restroom.
Disclaimer : This drawing is conceptual and was prepared to show approximate location and arrangement of site features. It is subject to change and is not intended to replace the use of construction documents. The client should consult appropriate professionals before any construction or site work is undertaken. The Community Design Assistance Center is not responsible for the inappropriate use of this drawing.
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community design assistance center
College of Architecture and Urban Studies Virginia Polytechnic Institute and State University
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Disclaimer : This drawing is conceptual and was prepared to show approximate location, arrangement, and dimensions of site features. It is subject to change and is not intended to replace the use of construction documents. The client should consult appropriate professionals before any construction or site work is undertaken. The Community Design Assistance Center is not responsible for the inappropriate use of this drawing.
dc a c
community design assistance center
College of Architecture and Urban Studies Virginia Polytechnic Institute and State University
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Milkweed, Asclepias syriaca Easily grown in average, dry to medium, well-drained soils in full sun. Drought tolerant. Does well in poor, dry soils. Easily grown from seed, and will self-seed in the landscape if seed pods are not removed prior to splitting open. Height: 2 to 3 feet Spread: 0.75 to 1 foot Bloom Time: June to August Bloom Description: Pink, mauve, white Sun: Full sun Water: Dry to medium Maintenance: Low Suggested Use: Native Planting
Big Blue Stem, Andropogon gerardii Easily grown in average, dry to medium, well-drained soils in full sun. Tolerant of a wide range of soils and growing conditions. Freely self-seeds in optimum growing conditions. This grass develops an extensive root system and, once established, has excellent drought tolerance and is easy to maintain. Height: 4 to 6 feet Spread: 2 to 3 feet Bloom Time: September to February Bloom Description: Purplish-red Sun: Full sun Water: Dry to medium Maintenance: Low Suggested Use: Native Planting
Cone Flower (Enchinacea), Echinacea purpurea Easily grown in average, dry to medium, well-drained soil in full sun to part shade. Best in full sun. An adaptable plant that is tolerant of drought, heat, humidity and poor soil. Divide clumps when they become overcrowded (about every 4 years).
Height: 2 to 5 feet Spread: 1 to 2 feet Bloom Time: June to August Bloom Description: Purplish pink Sun: Full sun to part shade Water: Dry to medium Maintenance: Low Suggested Use: Native Planting
Goldenrod, Solidago caesia A woodland species that tolerates poor, dry soils and light shade, but performs best in full sun. This species is primarily clump-form- ing and does not spread aggressively
Height: 1.5 to 3 feet Spread: 1.5 to 3 feet Bloom Time: August to September Bloom Description: Yellow Sun: Full sun to part shade Water: Medium to Wet Maintenance: Low Suggested Use: Native Plantings
Lavender, Lavandula angustifolia Easily grown in average, medium moisture, well-drained soils in full sun to part shade. Best fl owering in full sun. Prefers moist, acidic, organically rich soils. Little pruning is required. Prune in early spring if necessary. Shrub borders, woodland gardens. Height: 2 to 3 feet Spread: 2 to 4 feet Bloom Time: June to August Bloom Description: Purple Sun: Full sun Water: Dry to medium Maintenance: Medium Suggested Use: Herb
Bee Balm, Monarda didyma Prefers rich, humusy soils in full sun, although some afternoon shade is appreciated in hot summer climates. Does best in well-draining conditions, but can tolerate heavier clay.
Height: 2 to 4 feet Spread: 2 to 3 feet Bloom Time: July to August Bloom Description: Red Sun: Full sun to part shade Water: Medium to wet Maintenance: Medium Suggested Use: Herb, Native Planting, Rain Garden
Black-Eyed Susans, Rudbeckia hirta It is easily grown in average, medium moisture, well-drained soils in full sun. Best in moist, organically rich soils. Tolerates heat, drought and a wide range of soils except poorly-drained wet ones.
Height: 2 to 3 feet Spread: 1 to 2 feet Bloom Time: June to September Bloom Description: Yellow to orange-yellow rays Sun: Full sun Water: Medium Maintenance: Low Suggested Use: Annual, Native Planting
Butterfl y Weed, Asclepias tuberosa Easily grown in average, dry to medium, well-drained soils in full sun. New growth tends to emerge late in the spring. Plants are easily grown from seed, but are somewhat slow to establish and may take 2-3 years to produce fl owers.
Height: 1 to 2 feet Spread: 1 to 1 feet Bloom Time: June to August Bloom Description: Yellow/orange Sun: Full sun Water: Dry to medium Maintenance: Low Suggested Use: Native Planting
Note: The plants suggested on this page are an initial list to choose from as part of a larger riparian or stream bank stabilization project. This list should be modifi ed based on local conditions, including soil type/chemistry, sun light quality, water fl ow, erosion/peak water discharge of the creek, etc. Continue to consult with appropriate professionals such as the VA Department of Environmental Quality, Army Corp of Engineers, and The Nature Conservancy before action is taken.
Black-Eyed Susans, Rudbeckia hirta itis easily grown in average, medium moisture, well-drained sols in full sun. Best in moist, organically rich soils. Tolerates heat, drought and a wide range of soils except poorty-drained wet ones,
Helght 2 to 3 feet Spread: 1 to 2 feet
BBioom Time: June to September
‘Bloom Description: Yellow to orange-yellow rays ‘Sun: Full sun
Water: Medium
Maintenance: Low
‘Suggested Use: Annual, Native Planting
Bee Balm, Monarda didyma Prefers rich, humusy sols in full sun, although some afternoon shade is appreciated in hot summer climates. Does best in well-draining conditions, but can tolerate heavier ciay.
Height 2 to 4 feet Spread: 2 to 3 feet
BBioom Time: July to August
‘Bloom Description: Red
‘Sun: Full sun to part shade
Water: Medium to wet
Maintenance: Medium
‘Suggested Use: Herb, Native Planting, Rain Garden
Big Blue Stem, Andropogon gerardit Easily grown in average, dry to medium, wellcrained soils in full sun, Tolerant of a wide range of soils and growing conditions, Freely self-seeds in optimum growing conditions. This grass ‘develops an extensive root system and, once established, has excellent drought tolerance and is easy fo maintain
Height: 410 6 feet
Spread: 2to 3 feet
Bloom Time: September to February
Bloom Description: Purplish-ed
Sun: Full sun
‘Water: Dry to medium
Maintenance: Low
Suggested Use: Native Planting
Milkweed, Asclepias syriaca Easily grown in average, dry to medium, well-drained soll in full sun, Drought tolerant. Does well n poor, dry sols. Easily ‘grown from seed, and wil self-seed in the landscape if seed pods are not removed prior to spliting open.
Height: 2 t03 feet
Spread: 0.75 to 1 foot
Bloom Time: June to August
Bloom Description: Pink, mauve, white
Sun: Full sun
‘Water: Dry to medium
Maintenance: Low
Suggested Use: Native Planting
Butterfly Weed, Asclepias tuberosa Easily grown in average, dry to medium, well-drained soils in full sun. New growth tends to emerge late in the spring, Plants are easily grown from seed, but are somewhat slow to establish and may take 2-3 years to produce flowers.
Height 1 to 2 feet Spread: 1 to 1 feet
Bloom Time: June to August Bloom Description: Yelowlorange ‘Sun: Full sun
Water: Dry to medium Maintenance: Low
‘Suggested Use: Native Planting
Lavender, Lavandula angustifolia Easily grown in average, medium moisture, wel-drained soi full sun to part shade. Best flowering in fll sun. Prefers: moist, acidic, organically rich sols. Litte pruning is required. Prune in early spring itnecessary. Shrub borders, woodland gardens. Height 2 to 3 feet
Spread: 2to 4 feet
Bloom Time: June to August
Bloom Description: Purple
‘Sun: Full sun
Water: Dry to medium
Maintenance: Medium
‘Suggested Use: Herb
Cone Flower (Enchinacea), Echinacea purpurea Easily grown in average, dry to medium, welhdrained sol in full sun to part shade. Best in fll sun, An adaptable plant that is tolerant of drought, heat, humidity and poor soil. Divide clumps when they become overcrowded (about every 4 years).
Height: 210 5 feet Spread: 1 to 2 feat
Bloom Time: June to August ‘Bloom Description: Purplish pink ‘Sun: Full sun to part shade Water: Dry to medium ‘Maintenance: Low
‘Suggested Use: Native Planting
Goldenrod, Solidago caesia ‘Awoodland species that tolerates poor, dry sols and light shade, but performs bestin full sun. This species is primarily clump-forr Ing and does not spread aggressively
Height: 1.5 to 3 feet Spread: 1.5 t0 3 feet
BBioom Time: August to September Bloom Description: Yellow
‘Sun: Full sun to part shade
Water: Medium to Wet Maintenance: Low
‘Suggested Use: Native Plantings
(Note: The plants suggested on this page are an iniial Ist to choose from as par ofa larger riparian or stream bank stabilization project. This list should be modified based on local conditions, including sol ype/chemisiy, sun light qual, water flow, erosion/peak water discharge of the creek, et. Continue to consult with appropriate professionals such as the VA Deparment of Environmental Qualiy, Army Corp of Engineers, and The Nature Conservancy before action is taken,
community design assistance center
Disclaimer: Thi drawing Conceptual ond wos prepared fo show approximate location ‘and arrangement of ste features. Inissubject to change ond is
not intended to replace he
Use of construction documents ‘he client should consut oppropriale profesionals betore {any constuction oe site work Undertaken. The Cormmurity Design Asssionce Centers not responsile Tor the inoporopriote Use of ths crowing,
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Board of Supervisors January 4, 2021
Russell County Page 1
RUSSELL COUNTY
BOARD OF SUPERVISOR’S BUDGET MEETINGS
Russell County Governmental Center Lebanon, Virginia 24266
RUSSELL COUNTY BOARD OF SUPERVISORS FISCAL YEAR 2021/2022 BUDGET MEETING SCHEDULE
Date Activity
01/27/21 Letter of Budget Requests to Departments, Offices, & Agencies
02/17/21 Dead-line for Departmental Budget Requests
03/12/21 Budget Expenditures Compiled
03/12/21 Revenue Projections Compiled
03/18/21 Budget Committee Workshop
03/25/21 Budget Committee Workshop
04/05/21 Full Board of Supervisors Budget Work Session
04/13/21 Advertise Public Hearing for Budget and Tax Rates
04/17/21 Advertise Public Hearing for Budget and Tax Rates
05/03/21 Hold Public Hearing on FY 2021/2022 Budget and Tax Rates
06/07/21 Approve Budget at Regular June Meeting
Board of Supervisors January 4, 2021
RUSSELL COUNTY
BOARD OF SUPERVISOR’S BUDGET MEETINGS
Russell County Governmental Center Lebanon, Virginia 24266
RUSSELL COUNTY BOARD OF SUPERVISORS FISCAL YEAR 2021/2022 BUDGET MEETING SCHEDULE
Date Activity
01/27/21 —_Letter of Budget Requests to Departments, Offices, & Agencies
02/17/21 Dead-line for Departmental Budget Requests
04/05/21 Full Board of Supervisors Budget Work Session
04/13/21 Advertise Public Hearing for Budget and Tax Rates
04/17/21 Advertise Public Hearing for Budget and Tax Rates
05/03/21 Hold Public Hearing on FY 2021/2022 Budget and Tax Rates
06/07/21 Approve Budget at Regular June Meeting
Russell County Page 1
Secretary of Commerce and Trade
Patrick Henry Building • 1111 East Broad Street • Richmond, Virginia 23219 • (804) 786-2211 • TTY (800) 828-1120
11/5/2020
Lonzo Lester
County Administrator
Russell County
137 Highland Drive
Lebanon, VA 24266
Dear Mr. Lester,
On behalf of Governor Northam, it gives me great pleasure to inform you that Russell County has been
awarded broadband funding pursuant to the federal Coronavirus Aid, Relief, and Economic Security Act
(CARES Act) in the amount of $155,000 for the Flats Circle Project.
As stated in the program guidelines, these funds must be expended and service must be available by
December 25, 2020. Similar to previous CARES Act allocations to localities, this award amount will be
transmitted to Russell County by the Department of Accounts. Once the project is complete, the
Governor’s Broadband Team and the Department of Accounts will follow up regarding project outcomes
and compliance. I want to reiterate that it is incumbent on Russell County to ensure project expenses are
documented and verified in case of audit.
Congratulations on your award and we look forward to working with you now and in the future to achieve
universal broadband coverage in Russell County.
Sincerely,
Evan Feinman
Chief Broadband Advisor
Office of Governor Ralph S. Northam
COMMONWEALTH of VIRGINIA Office of the Governor
Secretary of Commerce and Trade
11/5/2020
Lonzo Lester County Administrator Russell County
137 Highland Drive Lebanon, VA 24266
Dear Mr. Lester,
On behalf of Governor Northam, it gives me great pleasure to inform you that Russell County has been awarded broadband funding pursuant to the federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act) in the amount of $155,000 for the Flats Circle Project.
As stated in the program guidelines, these funds must be expended and service must be available by December 25, 2020. Similar to previous CARES Act allocations to localities, this award amount will be transmitted to Russell County by the Department of Accounts. Once the project is complete, the Governor’s Broadband Team and the Department of Accounts will follow up regarding project outcomes and compliance. I want to reiterate that it i documented and verified in case of audit.
incumbent on Russell County to ensure project expenses are
Congratulations on your award and we look forward to working with you now and in the future to achieve universal broadband coverage in Russell County.
Sincerely,
Cole
Evan Feinman Chief Broadband Advisor Office of Governor Ralph S. Northam.
Patrick Henry Building + 1111 East Broad Street « Richmond, Virginia 23219 + (804) 786-2211 * TTY (800) 828-1120
Board Appointments for 2021
Dante Community Center Board
Bobbie Gullett Two Years April 1, 2021 Wanda Osborne Two Years April 1, 2021 [Arthur Phillips Two Years April 1, 2021 [Russell County Planning Commission
[Charles Edmonds Four Year ‘April 3, 2021. [Cumberland Industrial Facilities Authority
Todd Elswick Four Year May 8, 2021
[Cumberland Plateau Economic Development Commission
Frank Horton One Year June 30, 2021 Tony Lambert One Year June 30, 2021 Ron Blankenship One Year June 30, 2021 lJames Eaton, Jr. One Year June 30, 2021 Dante Community Center
lJason Gullett Two Years June 30, 2021 [Russell County Public Service Authority
(Clifford Hess Three Years June 24, 2021 [Chris Dye Two Years June 24, 2021 [Russell County Library Board
Karen Herndon. Three Years June 30, 2021 [Ann Monk. Three Years June 30, 2021
Highway & Safety
Gary Dotson Two Years July 4, 2024
[Johnny Jessee Two Years July 4, 2024
Steve Dye Two Years July 4, 2021
[Eugene Ferguson Two Years July 4, 2021
[Tony Maxfield Two Years July 4, 2021
Mike O’Quinn Two Years July 4, 2021
[Barbara K. Cox Two Years July 4, 2021
Henry € Stinson, Jr. Two Years July 4, 2021
[Carl Rhea Two Years July 4, 2021
Emory Altizer Two Years July 4, 2024
Russell County Library Board
liudy Ashbrook Four Year July 40, 2024 |Community Policy Management Team
[Angela Farmer Three Years ‘August 3, 2021 Dante Community Center
[Catherine Pratt Two Years ‘August 5, 2021 [Southwest Community College Advisory Board
lynn Keene Four Years ‘August 7, 2021 [Gregory Brown Four Years ‘August 7, 2021,
industrial Development Authority
Roger Sword
Four Years
September 5, 2021
Scott Gilmer
Four Years
September 5, 2021
Drill Community Center
Michelle Tharp Four Years October 2. 2021 Oak Grove Community Center
inda Cross Two Years October 7, 2021 Frances Glovier Two Years October 7, 2021 Rita “Charlene” Johnson Two Years October 7, 2021 Tammy Perry Two Years October 7, 2021 John Perry Two Years October 7, 2021 Nancy Osborne Two Years October 7, 2021 Peggy Kegley Two Years October 7, 2021 [Russell County Planning Commission Dustin Keith Four Years October 2, 2021 liack Compton Four Years October 2, 2021 [Community Policy Management Team Alice Meade Three Years November 5, 2021
Lori Gates
Three Years
November 5, 2021
[Russell County Planning Commission
[Andy Smith Four Years November 6, 2021 [Appalachian Juvenile Commission
[Vicki Porter Four Years December 2, 2021 [Cumberland Mountain Community Service Board
ames Mounts Three Years December 31, 2021 David Eaton Three Years December 31, 2021 Highway & Safety Comi
Linda Cross Two Years December 31, 2021
People Inc. Development Financial Board
[Alicia McGlothlin Three Years December 31, 2021 [Vicki Porter Four Years December 2, 2021 Cumberland Mountain Community Service Board
[James Mounts Three Years December 31, 2021 David Eaton Three Years December 31, 2021 Highway & Safety Comi in
Linda Cross Two Years December 31, 2021
MONTHLY BANK BALANCES
January 31, 2021
Regular Account 2,704 616.61 Employee Insurance 4,701,048.94 Employee Claims Account 1,000.00 Non-Judicial Reals Estate Sales 3,145.47 Russell Co. Housing Fund 4,424.36 School Textbook 62,351.44 Sheriff Domestic Violence 1,526.49 Petty Cash Treasurer 217.80 Sheriff Seized Assets 55,228.54 Sheriff Restitution’ 11,906.85 Sheriff Forfeited Assets 33,70 Comm Attorney Forfeited Assets 34,708.40 Sheriff Federal Forfeited Assets 7,525.08 Comm Attorney Fed Justice Forfeited Assets 135,022.45 ‘Commonwealth Attorney Abanoned Propert 500.00 Sheriff Federal Justice Forfeited Assets 7,917.55 Sheriff Calendar Fund 857.31 Sheriff Special Projuects 39,700.10 SSI Recipients 4,200.07 First Sentinel Bank 4,443.97 Bank of Honaker 43,019.48 New Peoples Bank 274,714.82 Certificates of Deposit General 49,575.00 Treasurer’s Money Market 2,575,201.43 Certificate of Deposit Library Donations 24,788.80 Total Cash In Bank 10,738,674.33 Cash In Office 4,600.00 Potty Cash 100.00
TOTAL CASH 10,740,374.33
DATE, January 31, 2021 ACCOUNT DEBIT. CREDIT
Cash in Office 7,600.00 Cash in Bank 710,738,674.33 Petty Cash 100.00 General Fund 5.221,707.17 ‘Non-Judicial Real Estate Sales 3,145.17 Sheriff In State Trip 30,861.95 Sheriff Dare Fund 100.00 Sheriff Seized Assets 35,228.54 Sheriff Restitution 11,906.85 Sheriff Forfeited Assets 33.70 ‘Comm Attorney Forfeited Assets 3,708.40 Honaker Library Donations 24,783.87 Russell County Housing Fund 4,424.36 Sheriff Federal Forfeited Assets 7,525.08 Sheriff Domestic Violence 7,526.49 ‘Comm Attomey Abanoned Prop 500.00 ‘Comm Attorney Fed Justice 735,022.45 Sheriff Fed Justice Forfeited 7,917.55 Sheriff Calendar Fund 867.31 Sheriffs Special Projects 39,700.10 Social Services (232,108.38) Swva Asap 14,899.17 ‘Coal Road Improvement 426,717.65 CSA (486,497.26) School Fund (793,804.20) School Food 773,622.36 ‘School Textbook 62,351.41 Regional Adult Education 252,927.44 Petty Cash Treasurer 217.80 COVID 19 333,342.75 Litter Fund Trash Pickup (21,404.69) Current Credit (0.79) Current Debit 14.44 Title XX 77,521.05 SSI Recipients 1,200.07 Damage Stamp Fund 2,823.98 Valley Heights 72,783.58 Dante Sewer 49,575.00 Employee Health Insurance 4,701,048.94 Employee Insurance Claims 7,000.00 Law Library 57,628.26 Special Welfare 52,345.79 Housing Fund #2 7,700.00 Russell Co Health & Fitness 732,865.92 Cannery (167,202.70) WIB 10,051.75 Total 10,740,374.33 10,740,374.33,
December 10, 2020
The Regular monthly meeting of the Industrial Development Authority of Russell County, Virginia was held on December 10, 2020 at 5:30 P.M. via conference call pursuant to the Russell County Emergency Ordinance of April 6, 2020.
MEMBERS PRESEN 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 Jarred Glass, Member
STAFF: Ben Chafin, Attorney The Chairman called the meeting to order at 5:32 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 November 11, 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 Richard Lockridge, second by Tony Dodi, and duly approved by the Industrial Development Authority of Russell County, Virginia approving to 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
PUBLIC/GUEST PRESENTATIONS No guest presentations,
ATTORNEY’S REPORT Project “Trout” should be able to close in a few weeks.
The Board of Supervisors approved to transfer the property on Grey Farm Rd back to the IDA for project “Build”.
CHAIRMAN’S REPORT Project “Reclaim” is nearing the deadline with the obligation to the Tobacco Commission, and the IDA needs to request a one-year extension on the terms of the project.
Upon motion made by Richard Lockridge, second by Donnie Christian, and duly approved by the Industrial Development Authority of Russell County, Virginia authorizing the chairman to request a one-year extension from the Tobacco Commission for Project “Reclaim”. The chairman is also authorized to sign all documents 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 reported there has been interest of placing a solar farm on the top property of Project “Reclaim”.
The Russell Place property has been assigned Project “TED” and the IDA is in negotiations with Mr. Hancock to purchase the building side of the property.
PUBLIC COMMENT No public comment
ADJOURNMENT Upon motion made by Richard Lockridge, second by Tony Dodi, and duly approved by the Industrial Development Authority of Russell County, Virginia
adjourning this meeting at 6:15 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
MINUTES OF THE MONTHLY BOARD OF DIRECTORS! M
ING
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 16th day of February 2021 at 6:00 PM
‘The following members were present, constituting a quorum (4) Cuba Porter, Vice Chairman (via telephone); Donnie Christian, Treasurer (via telephone); yer imonds, Jr.; Clifford Hess; and Joe Huff
-
Also present: Harvey Hart, RCPSA Direetor James Baker, T&L Rita Baker, T&L; Katie Patton, Legal Counsel; Lonzo Lester, Russell County Administrator William White (Copper Ridge Area); and Sonny Austin (Copper Ridge Arca)
-
Alll the above 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.
-
Cuba Porter acted as Chairperson of the meeting.
-
Harvey Hart opened the meeting with the Pledge of Allegiance followed by a prayer led by James Baker
-
Approve Agenda - Motion to amend the agenda to add “Modification of New Peoples Bank Line of Credit” as line-item d) under New Business made by Chris Dye, seconded by Donnie Christian.
A roll call vote was taken, Carter McGiothlin: Absent Clifford Hess: Yes
Cuba Porter: Yes
Chris Dye: Yes
Joe Hull: Yes
Donnie Christian: Yes David Edmonds, Jr.: Yes
Yes: 6
9,
No: 0 Absent: 1
By a majority vote, motion to amend the agenda to add “Modification of New Peoples Bank Line of Credit” as line-item d) under New Business was approved.
Minutes of the last meeting dated January 19, 2021 were reviewed and, motion to approve as. read made by Chris Dye, seconded by David Edmonds, J
A roll call vote was taken. Carter MeGlothlin: Absent Clifford Hess: Yes
Cuba Porter: Yes
Chris Dye: Yes
Joe Huff: Yes
Donnie Christian: Yes David Edmonds, Jr.: Yes
Yes: 6 No: 0 Absent: 1
By a majority vote, motion to approve minutes of the last meeting dated January 19, 2021 as read was approved,
Public Comments:
Mr. William White of the Copper Ridge area of Russell County addressed the Board regarding the possibility of getting water services extended to the Copper Ridge and High Point section. Mr, White offered to get the necessary forms signed from residents in the area to get funding for a project. ‘The Board advised that maps of the area, User Agreements, and LMI Forms, would be provided for his use,
Harvey Hart, Director, pres:
ented to the mecting:
Bank Activity and Account Balances Reports © Profit and Loss Reports
- Outstanding Construction Receivables Report
Motion to adopt financial reports as presented made by Clifford Hess, seconded by Chris Dye.
A roll call vote was taken, Carter MeGlothlin: Absent Clifford Hess: Yes
Cuba Porter: Yes
Chris Dye: Yes Joe Hult: Yes Donnie Christian: Yes
David Edmonds, Jr.: Yes
Yes: 6 No: 0 Absent: |
By a majority vote, motion to adopt financial reports as presented was approved
10, Rita Baker with Thompson & Litton presented to the meeting the following project updates from November 17, 2020 to date:
© BELFAST PHI Installed 1,695 LI! of 6-inch line. A progress/ma 02/18/2021 at 10:00 AM
igement team meeting is scheduled for
¢ GLADE HOLLOW/GLADE HILL. VDH/VRA Loan Closing was held on 01/26/21. Installed 780 IF of 8-ineh line, (1) Hydrant, (1) 6” Meter. Set vault and tied into Town of Lebanon’s 8-inch line,
- LAKE BONAVENTURE TO SOUTH CLINCHFIELD Project complete. VDH needs to finalize project.
© DANTE SEWER A Zoom meeting w/CPPDC, RCBOS, Harvey I 02/12/2110 diseuss the DHCD Funding Applicat
mes Baker, and Rita Baker was held on
©) MAINTENANCE,
Set new meter in Rosedale Heights.
- Old Busi a) Chris Dye suggested adding Meeting Agenda.
ness to Discus
reen Valley Wells Property Auction” to next month’s Board
b) Lebanon/New Garden Division meter reading and billing schedule has been revised to be
done a week earlier in order to make sure customers
f their bills in a timely manner. ¢) Office staff will resume normal schedule as of 02/22/21,
- Legal Counsel has sent an official letter to Crossroads Engineering requesting information
in relation to the Dante to St. Paul Sewer Proje
€) Still have not received Notice of Approval/Rejection of Utility Grant Request
- New Business to Discuss:
a) Motion to approve Resolution to Honor Ben Chafin made by Donnie Ch
tian, seconded.
by Clifford Hess
A roll call vote was taken, Carter MeGilothlin: Absent Clifford Hess: Y Cuba Porter: Yes Chris Dye: Yes
Joe Hull: Yes Donnie Christian: Yes
David Edmonds, Jr.: Yes
Yes: 6 No: 0 Absent: 1
By a majority vote, motion to approve Resolution to Honor Ben Chafin was approved
b) Motion to approve Rural Development Loan Resolution in relation to the (6) new service trucks made by Chris Dye, seconded by Donnie Christian.
A roll call vote was taken. Carter MeGlothlin: Absent Clifford Hess: Yes
Cuba Porter: Yes
Donnie Christian: Yes David Edmonds, Jr.: Yes
Yes: 6 No: 0 Absent: |
By a majority vote, motion to approve Rural Development Loan Resolution in relation to the (6) new service trucks was approved
©) Motion to approve Memorandum of Understanding between ‘Tazewell County Public Service Authority and The Russell County Public Service Authority for Purchase of Goods and Services made by Donnie Chr
ian, seconded by Chris Dye,
A roll call vote was taken,
13
14,
Carter McGlothlin: Absent Clifford Hess: Yes
Cuba Porter: Yes
Chris Dye: Yes
Joe Huff: Yes
Donnie Christian: Yes David Edmonds, Jr.: Yes
Yes: 6 No: 0 Absent: 1
By a majority vote, motion to approve Memorandum of Understanding between Tazewell County Public Service Authority and ‘The Russell County Public Service Authority for Purchase of Goods and Services was approved.
- Motion to approve Modification of New Peoples Bank Line of Credit made by Clifford seconded by Chris Dye.
Hes:
A roll call vote was taken. Carter MeGlothlin: Absent Clifford Hess: Yes
Cuba Porter: Yes
Chris Dye: Ye:
Joe Hufl: Yes Donnie Christian: Yes David Edmonds, Jr: Yes
Yes: 6 No: 0 Absent: 1
By a majority vote, motion to approve Modification of New Peoples Bank Line of Credit was approved.
Matters presented by the Board: None
There being no further bu s made by Chris Dye,
ness to come before the mecting, a motion to adjourn at 7:06 PM seconded by Donnie Christian.
A roll call vote was taken,
Caner McGlothlin: Absent Clifford Hess: Yes Cuba Porter: Yes
Chris Dye: Yes
Joe Huff: Yes Donnie Christian: Yes David Edmonds, Jr.: Yes
Yes: 6 No: 0
Absent: 1
By a majority vote, motion to adjourn at 7:06 PM was approved.
‘The next meeting is scheduled for March 16, 2021 at 6:00 PM.
Dated in the Commonwealth of the 16th day of February 2021.
ia on
(Signature)
Secretary Name: Rhonda Lester
P.O Box 1208 office: 276-889-8000 137 Highland Drive cell: 276-254-0014 Lebanon, VA 24266 email: [email protected]
COUNTY VIRGINIAY
February highlights
© Attended regular Heart of Appalachia meeting for February. Highlights from the meeting included the following:
-HOA requested legislation to change their name from Virginia Coalfield Regional Tourism Development Authority to Heart of Appalachia Tourism Authority. This is the name they do business under. HOA’s lobbyist Janet Settle sought patrons of the bill and found them in Delegate Wampler and Senator Pillion. ‘On Wednesday, Feb. 17 Senator Pillion’s bill passed the house and was headed to the governor’s desk for signature into law,
=The board entered into a contract with Dialogue + Design Associates, LLC to assist the Heart of Appalachia Tourism Authority to do. project discovery and coordination for the Heart of Appalachia Destination Center through phase I. This will include researching grants from the Tobacco Regional Revitalization Commission and the Appalachian Regional Commission; Identifying a current project budget with existing grant funds, deadlines and potential project next steps; Outreach to key stakeholders and Developing key implementation action items for moving forward, including identifying potential sources of additional funding such as the Virginia Brownsfields Assistance Fund or additional ARC funding.
-HOA has received several awards for marketing and will be announced soon.
© Attended meeting on Fish Virginia First with special marketing membership for DMO’s. Supervisors Steve Breeding and David Eaton were particularly interested in the opportunity for marketing both local fishing opportunities and destination offerings such as lodging and restaurants. They pledged support through their discretionary funds to purchase a year membership.
© Attended CRVI meeting. © Had check-in meeting with local Virginia Tourism Corporation representative Michelle Workman,
‘© Working on updating tourism meeting minutes on county website with committee secretary.
‘© Working on switching Experience Russell website over to another platform that will be linked under county website due to technical problems and numerous updates that need to be completed on current one.
‘© Continued to work on grant funded projects.
© Worked with new artist who has submitted items to be placed in the artist gallery in the government center.
© Working on revising Russell County TAC committee bylaws to present to committee.
© Continued with social media posts.
Russell County Planning Commission Janauary 18,2021
The Russell County Planning Commission met on Monday, Janauary 18, 2021 by Zoom and in the Board of Supervisors’ Meeting Room at the Russell County Government Center, 133 Highland Dr. Lebanon VA.
Members Present Members Absent Others Present Chairman Kirby Meadows ‘Andy Smith Kevin Tiller Esq. Jack Compton Oris Christian Crystal White
Charlie Edmonds Wayne Young, Dustin Keith John Mason Roger Sword
Mark Mitchell
Chairman Meadows Called the meeting to order at 6:30 p. m. Invocation and pledge were given. Motion by Charlie Edmonds seconded by Jack Compton to approve the agenda, motion carried.
December 21, 2020 meetings minutes were presented for approval. Motion by Jack Compton seconded by Roger Sword to approve minutes, motion carried.
Plats/transactions from December22, 2020 Thru January 18, 2021 were presented for review.
Roger Sword reported from IDA of a potential prospect. Mr. Sword also updated the Commission of the whiskey barrell/staves project in St. Paul. Dustin Keith told the Commission that the ia city Power Plant could possible close within 5 years.
Crystal White advised the Commission that after the Commissioner of Revenue Office staff had been vaccinated that plans to reopen were in place
Chairman Meadows expressed condolences to the loss of Steve Banner and Senator Ben Chafin. Fond memories of both men were expressed by members of the Planning Commission.
Crystal White update everyone about Randy Williams health.
Dustin Keith gave update about the GIS portal from the Board of Supervisors. Chairman Meadows advised that the joint meeting with the Board of Supervisors will be held off until pandemic conditions improve.
lie Edmonds, seconded by
There being nothing further to consider motion to adjourn was made by Ch;
Mark Mitchell, Secretary
Russell County Planning Commission February 15,2021
‘The Russell County Planning Commission met on Monday, February15, 2021 by Zoom.
Members Present Members Absent Others Present Chairman Kirby Meadows Charlie Edmonds (Excused) Kevin Tiller Esq. Jack Compton Crystal White
Charlie Edmonds Wayne Young
Dustin Keith
John Mason
Roger Sword
‘Mark Mitchell
Vice Chair Andy Smith
Oris Christain
Chairman Meadow called the meeting to order at 6:30 p. m. Invocation and pledge were given. Motion by Andy Smith seconded by Jack Compton to approve the agenda, motion carried.
January 18, 2021 meeting’s minutes were presented for approval. Motion by Jack Compton seconded by Oris Christain to approve minutes, motion carried
Plats/transactions from January 19 through February 15, 2021 will be reviewed at the next meeting.
Roger Sword reported from IDA of potential prospects for a solar farm within Russell County. The prospects ask that the County adopt an ordinance addressing solar farms. The IDA and the County ‘Administrator ask if the Planning Commission assist in the process, Discussion ensued. Chairman Meadows brought up meeting live in March presuming Covid19 trends continued as projected. Mr. Christian advised that the Board of Supervisors were planning to resume meeting in person in March as well. Roger Sword informed the Planning Commission that the IDA had purchased the Russell Place building located on Haber Dr. in the Town of Lebanon. Dustin Keith updated the Planning /commission that public access of GIS is now available.
There being nothing further to consider motion to adjourn was made by Charlie Edmonds, seconded by Wayne Young, motion carried.
Kirby Meadows, Chairman ‘Mark Mitchell, Secretary
Russell County Planning Commission February 15,2021
The Russell County Planning Commission met on Monday, February15, 2021 by Zoom.
Members Present Members Absent Others Present Chairman Kirby Meadows Charlie Edmonds (Excused) Kevin Tiller Esq. Jack Compton Crystal White
Charlie Edmonds Wayne Young
Dustin Keith
John Mason Roger Sword Mark Mitchell Vice Chair Andy Smith
is Christain
Chairman Meadow called the meeting to order at 6:30 p. m. Invocation and pledge were given. Motion by Andy Smith seconded by Jack Compton to approve the agenda, motion carried.
January 18, 2021 meeting’s minutes were presented for approval. Motion by Jack Compton seconded by Oris Christain to approve minutes, motion carried.
Plats/transactions from January 19 through February 15, 2021 will be reviewed at the next meeting.
Roger Sword reported from IDA of potential prospects for a solar farm within Russell County. The prospects ask that the County adopt an ordinance addressing solar farms. The IDA and the County Administrator ask if the Planning Commission assist in the process, Discussion ensued. Chairman Meadows brought up meeting live in March presuming Covid19 trends continued as projected. Mr. Christian advised that the Board of Supervisors were planning to resume meeting in person in March as well. Roger Sword informed the Planning Commission that the IDA had purchased the Russell Place building located on Haber Dr. in the Town of Lebanon. Dustin Keith updated the Planning /commission that public access of GIS is now available.
RUSSELL COUNTY CONFERENCE CENTER
February 1, 2024
‘The following is a list of the Russell County Conference Center events for the month of February.
Date Event Event Type Space
02/06/21 The Learning Center Valentines Banquet Community Full James Nunley Event $0
Canceled Due To COVID-19 Shots 0208/21 Health Department Vaccines Shots Community Full Brian Stanley Event $0 2/09/21 Health Department Vaccines Shots Community Full Brian Stanley Event $0 ozo Health Department Vaccines Shots Community Full Brian Stanley Event $0 2/4/24 Region 1 VBCOA Individual Full Mickey Rhea Event $0
Canceled Due To Covid-19 Shots 02/15/24 Health Department Vaccines Shot Community Full Brian Stanley Event $0
oat6r21 Health Department Vaccines Shot Community Full Brian Stanley Event $0
o2it7i24 Health Department Vaccines Shot Community Full Brian Stanley Event $0
o2rig/24 Clinch Valley Community Action Bingo ‘Community Full ‘Amanda Jackson Event 30
Canceled Due To Covid-19 Shots
2222 Health Department Vaccines Shot ‘Community Full Brian Stanley Event $0
zeae Health Department Vaccines Shot Community Full Brian Stanley Event $0
zeae Health Department Vaccines Shot Community Full Brian Stanley Event $0
(Total: $0.00)
- $0.00
Final Total = $ 0.00
Due to the COVID-19 Vaccines shots we had to cancel all 3 events for
the month. The grand total would have been $375.00. We Have hosted the Russell County Department of Health Vaccines Shots
Every Monday, Tuesday and Wednesday of this month.
THE RUSSELL COUNTY TRANSPORTATION AND SAFETY COMMISSION MET AT THE BONANZA RESTAURANT IN LEBANON VIRGINIA ON FEBRUARY 9" 2021
MEMBERS & GUEST PRESENT EUGENE FERGUSON LINDA CROSS Mike O’Quinn GARY DOTSON TIMLOVELACE —CARLRHEA TONY MAXFIELD HENRY KINCER (VIRTUAL)
GUARD RAILS, L-GUARD RAILS REPLACED AS DAMAGED
2-RT S8E JUST BEYOND QUARRY ROAD A SECTION OF GURAD RAIL DAMAGED FROM A FALLEN TREE
3-RT 657 NEEDS GUARD RAIL REPLACED 1/8 MILE SOUTH OF RT. 658 FIRST BRICK HOUSE ON THE LEFT CAUSED BY ‘AWRECK
4-RT 80 DON STEVENS DR. GUARD RAIL. DAMAGED
5-RT 58/19 intersection at the signal lights guard rail damaged by a wreck
6-RT 58/QUARRY RD IN CASTLEWOOD GUARD RAIL DAMAGED
SHOULDER REPAIR AND POT HOLE L-Rt 613/58 just off Rt. 58 at parking lot ASPHALT has broken off causing vehicle problems. Gravel has been pulled up against pavement. WILL PAVE IN THE SPRING
2Rt 195/949 needs signs warning of an intersection or/and watch vehicle turn. GIVEN TO BRISTOL DEPT. TRAFFIC 3-635 BRIDGE ST. HONAKER ON THE RUSSELL COUNTY SIDE A PIPE STOPPED UP AND WASHING ONTO THE ‘SWORDS CREEK HIGHWAY - NEAR ELBOW CURVE
4-RT 19 S RUFF POT HOLES BETWEEN VALERO AND THE WEIGH STATION
5- RT 846 MARVIN HESS RD BRUSH COMING QUT INTO ROADWAY WILL BE SCHEDULED
6-Rt 615 Back Valley cracker neck area dips IN THE ROAD has been patched will fix better in the spring. Getting worse
7-RT 19 N BURKE ST NEAR GASFIELD AND THE NURSINGSTATION NEED A BETTER LINE OF SITEAND POSSIBLE SIGN INTICATING INTERSECTION OR CAUTION TURNING VEHICLES
8-RT 19 N /775 NEAR THE GARBAGE DISPOSAL SEVERAL POT HOLE COLD PATCH KEEP COMING UP
9-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
10- Rt. 600 Wilder Hollow large pot hole near the POND 400YDS. FROM THE DICKENSON COUNTY LINE. WILL REPAIR
LL-RT 63 LARGE POT ON THE INSIDE OF A CURVE BETWEEN THE CLINIC AND TRASH SITE
12-Rt 665 past the ball park road falling in just pass 600 intersection WILL MONITOR
13-RT, 662 OFF RT 82 NEEDS BRUSH CUT AND SHOULDER WORK. WILL SCHEDULE LABOR FOR BRUSH TO BE CUT 14- RT 657/857 near Henry Kiser house a large pot hole. WILL PUT ON SCHEDULE FOR REPAIR
15-RT 651 Hubbard Town Rd. new pipe has been installed road sinking all the way across the highway. THIS IS A PSA WATER LINE ~PSA WILL BE CONTACTED FOR REPAIR
16-RT 637 Wysor Valley Road narrow needs rip rap and widened. WILL REVIEW AREA FOR POSSIBLE REPAIR
17 RT 613 % mile from Rt. 58 needs delineator’s in the straight stretch. WILL REPORT TO SIGN CREW FOR EVALUATION
18-RT 63 Dante Mtn. just before water tank road sinking in the north lane potential for a slide. WILL MONITOR 19-21- RT 58 E NEAR QUARRY ROAD IN CASTLEWOOD LARGE POT HOLE
20-RT. 19 /58 SOUTH POT HOLE HAS GOTTEN WORSE
SCHOOL BUS SAFETY AND OTHER CONCERNS 1 Rt.19 N/ RT 80 INTERSECTION LINES NOT VISIBLE FOR TRAFFIC LANES-HANDLED IN BRISTOL
2-Rt TIN request speed limit signs need to be moved back near Fincastle Subdivision to slow down oncoming traffic LOOKING TO INSTALL CAUTION TRAFFIC ENTERING HIGHWAY.
3-Rt 80 Blackford Bridge ruff possibility dropping down GETTING WORSE-BRIDGE CREW MADE AWARE WILL PASS ON TO BRISTOL
4-Rt, 816 & 819 road narrow need delineator’s installed WILL GIVE TO SIGN CREW FOR EVALUATION
5-RT. 609 HIGH POINT ROAD NEEDS SPEED LIMIT SIGNS INSTALLED. BOARD TO DO A RESOLUTION
ITEMS REPORTED CORRECTED 1-RT 620 ONE MILE UP OUT OF FINNEY PAVEMENT BROKE OFF A PIPE HAS BEEN INSTALLED 2-RT 82 EAST OF MTN. RD. RUFF AREA IN RIGHT LANE BELOW CLATTERBUCK PSA HAS REPAIRED 3-RT71.N /58 A LARGE HOLE IN THE MEDIA HAS BEEN REPAIRED A LID INSTALLED
4- RT S8 E NEAR MILE MARKER 72.0 A LARGE POT HAS BEEN PATCHED
5; RT 677 SEVEN SPRING RD. MUD COMING OUT IN THE ROAD BEEN REPAIRED BY CONTRACTOR
FUTURE MAJOR SAFETY PROJECT 1L-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. COUNTY WORKING WITH VDOT A RIGHT OF WAY PROBLEM
2-58W CASTLEWOOD AT THE TRAFFIC LIGHTS ROAD HOOVES UP THAT COULD CAUSE A POTENTIAL HAZARD CONDITION. PAVING SCHEDULED IN 2021 WILL BE FIXED THEN
B.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
4-Rt. 80 from the doubles to Rt. 19 needs a passing lane installed
5-Rt. 645 New Garden Road water undercutting road one mile East of Nash’s Ford Bridge GETTING WORSE /PER TONY
G-Rt. 19N ramp onto Rt. 80at Elk Garden School is ruff and tilted POSSIBLE AREA FOR FUTURE FOOD BANK, CLOTHING PANTRY AND ECONOMIC DEVELOPMENT IN THE WORKS
‘7-Rt. 19 south exits 1 coal tipple hollow ramp needs to be extended
8 DANTE ON SEVERAL STREETS HAVE PARKING ISSUES NEED TO ENCOURAGE CITIZENS TO PARK IN A DESIGNATED SITE ADJACENT TO THEIR HOUSE, WHICH SEVERAL DO HAVE AMPLE ROOM TO DO. COUNTY COULD LOOK INTO PURCHASING A FEW VACANT LOTS THROUGHOUT THE COMMUNITY FOR DESIGNATED PARKING ESPECIALLY DURING SNOWY WEATHER SO THE ROADS CAN BE MAINTAINED. THIS WOULD ALSO CREATE A SAFER SITUATION,
UNDER LINED AND BOLDED COMMENTS WERE REPORTED FROM HENRY KINCt
COMMISIOM MEMBER INFROMATION
Barbara COX 971 1502 JOHNNY JESSEE 889 1563 LINDA CROSS 794 7618 TIMLOVELACE 971.0367 GARYDOTSON 762.9803 TONY MAXFIELD 254 2492 EUGENE FERGUSON 210.8504 MIKE O’QUINN 7017086 CARL RHEA 2543810 HENRY STINSON 873 4905 HENRY KINCER 889 7601
NEXT MEETING WILL BE MARCH 9TH 2021 WE THANK ALL WHO ARE INVOLVED IN KEEPING OUR ROADWAYS SAFE AND OUR GUEST PARTICAPTION
SAFETY IS A COMMITMENTIIIIIIIIIIIIPREPARED BY GARY DOTSON
Address 4478 Red Oak Ridge Rd.Castlewood, VA 24224
4982 Mew Rd. Castlewood, VA 24224
2625 BannerSt. St. Paul, VA 24283
106 Talbert st. Castlewood, VA 24224
Winchester Hotel
Washers and Dryers~Sun
Property Owner
Warren & Lesha Kiser
James D. Ratliff
Beecher Mays & Brenda Hammons c/o Connie Jesse
Shirley MeBride 2637 Pauladale Dr. Macon, GARI211
‘Timmy or Kristy Lee 14414 Marshalls
Retreat Rd. St. Paul, VA 24283
3282 Dante Rd. Dante, VA 24283
Tax Map Ld.
158R SB 1831
156 LIA 336
157 LIB 3296
156 RE 3149
157 RSA 1767
158 RSC 21214,
Comments
2/19/2021: Site observation with R.C. S. 0. No improvements to site. Recommended to proceed with legal action, if 8.C.8.0.S approves.
2/19/2021: Site Observation with R.C.S.O. It is determined that this site is under the enforcement of the Litter Ordinance by the Russell County Sheriffs Office.
2/19/2021: Site Observation with R.CS.O. Notification of corrections to be completed, to be sent to property owner.
2/19/2021: Site Observation with R.CS.O. It is determined that this site is under the enforcement of the Litter Ordinance by the Russell County Sheriffs Office .
2/19/2021: Site Observation with R.C.S.O. Notification of corrections to be completed, to be sent to property owner.
2/19/2021: Site Observation with R.CS.O. R.CS.O. determined site was compliant.
Lewis Property-Dante
Gene Couch-Memorial
Drive
Gobble ~ (Trailer)
Tim & Rendy Hale
Junior & Irene Lewis Box 222 Dante, VA 24237-222
Gene Couch P.O. Box 734 Castlewood, VA 24228
Billy Wayne Mary Elizabeth Gobble P.O. Box 519 Castlewood, VA 2424-399
192 Lower Bear Wallow Dante, VA 24273,
159 RID 2298,
156 RIR1
138 R 2328 82
159 RIB 2189
2/19/2021: Site Observation with R.CS.O.
2/19/2021: Site Observation with R.C.S.O.
2/19/2021: Site Observation with R.C.S.0— Notice to be sent to property owner.
Russell County Building Dept. and R.C.S.O will re-visit site to determine corrective action to be taken.
Animal Shelter Report
February 2021
Animal Control Calls Answered: 90 Dogs Owners Reclaimed: 8 Dogs Transferred to Rescue: 73
Dogs Adopted: 1
Library Board of Trustees Meeting Pussel County Pub Livery
_ Members Present Members Absent Judy Ashbrook* Yvonne Dye ] Susan Breeding Karen Herndon* Sharon Sargent* ‘Ann Monk Karen Davis Sherry Lyttle* Sharon Van Dykeé |
Vice-Chair Susan Breeding called the meeting to order 19 January 2021 at 5:08 pm.
Karen Davis made and Sharon Sargent seconded a motion to approve the agenda; motion passed.
Introductions
Chair Karen Herndon joined the meeting late and began chairing the meeting,
utes: Susan Breeding made and Judy Ashbrook seconded a motion to approve the January minutes as distributed; motion passed.
Communications:
Sherry Lyttle made and Sharon Sargent seconded a motion to approve the bills;
anci motion passed.
Staff Reports: Kelly McBride Delph reviewed the Programs and Director’s Reports.
Unfinished Busines:
New Business: Karen Herndon appointed herself and Karen Davis to the Budget Committee.
‘Susan Breeding made and Karen Davis seconded a motion to reopen RCPL with regular hours Monday, January 25, to match the other county offices; motion passed.
Sharon VanDyke made and Karen Davis seconded a motion to replace social security number with the driver’s license number in the circulation policy and records; motion passed.
Review and Summary: Karen Davis made and Susan seconded a motion to adjourn.
Respectfully submitted, Kelly McBride Delph
‘via Zoom due to covid quarantine
CUMBERLAND PLATEAU RWMA: Mr. Toby F. Edwards, Executive Director
DICKENSON COUNTY:
‘Mr, Damon Rasnick ‘Mr. Ronald Peters.
BUCHANAN COUNTY: RUSSELL COUNTY: Mr. Jeff Cooper Mr. Tim Hess Mr. Carl Rhea Mr. Tim Lovelace
Agenda
- February 18, 2021 CPRWMA Board of Directors Roll Call for Quorum.
WV.
v.
a) Approval of Minutes of the January 21, 2021 meeting…
Motion: Seconded:
Ill, Administrative Business
a) Review CPRWMA Waste Stream Report January 2021…
b) Approval of the Treasurer’s Report for the month of January 2021… ©) CPRWMA Attorney’s Report for January 2021. d) Litter and Recycling Report…
Old Business
a) _ Review of the current 2020-2021 Operating Budget…
b) 2021-2022 Budget for Review and Approval… Motion:. Seconded;,
New Business
a) Users Agreement with the 3 Counties… Motion: Seconded:
B) 2019-2020 Financial Audit… «Attachment
C) Finalize the Purchase of the Tire Machines/Shear with balance FY19-20 funding…Toby
137 Highland Drive / P.O. Box 386 Lebanon, VA 24266 Phone 276-833-5403 Email [email protected] www.cprwma.com
®
Cumberland Plateau Regional Solid Waste Management Authority February 18, 2021 Agenda Page 2
VI. Correspondence
Submittal of the annual DEQ Waste Reports for BC,DC, & RC… Attachment
Vil. Adjournment and Next Meeting. Chair or Vice Chair conducting the meeting: Motion: Seconded: Minutes submitted by: Tim Lovelace and Saundra Honaker
CUMBERLAND PLATEAU RWMA: DICKENSON COUNTY:
Mr. Toby F. Edwards, Executive Director
CUMBERLAND PLATEAU
Mr, Damon Rasnick Mr. Ronald Peters. BUCHANAN COUNTY:
Mr. Jeff Cooper Mr. Tim Hess
RUSSELL COUNTY:
‘Mr. Carl Rhea Mr. Tim Lovelace
mast \ivority
Cumberland Plateau Regional Waste Management Authority Monthly Board Meeting Minutes January 21, 2021
Members Present Others Present:
Damon Rasnick, Chairman Toby Edwards, Director
Jeff Cooper RJ. Thornbury, Legal Counsel Carl Rhea Saundra Honaker, Finance Officer Tim Lovelace
Ronald E Peters
Tim Hess
CALL TO ORDER: Chairman, Damon Rasnick, called the January 21, 2021 meeting of the Board of Directors. A telephonic conference meeting of the CPRWMA was called to order at 5:00 PM, Due to the CoVid-19 declared state of emergency and consistent with Amendment 28 to HB29 (budget Bill for 2018-2020) and the applicable provisions of Code of Virginia Section 2.2- 3708.2 (Freedom of Information Act), the Authority convened an electronic meeting to consider such business matters necessary to continue operations and to discharge its lawful purposes, duties, and responsibilities
QUORUM: A quorum was established by roll call attendance. A motion was made by Jeff Hess and seconded by Tim Hess to approve the current Covid-19 pandemic is an emergency making it unsafe and impractical to assemble in a single location. Motion was ratified, roll call vote as follows:
Tim Hess — Aye Carl Rhea - Aye Tim Lovelace- Aye Jeff Cooper — Aye Ron Peters - Aye Damon Rasnick - Aye
AMENDMENT TO THE AGENDA: Toby requested that the agenda be amended to include the following additions to New Business: ce) VACORP Insurance Renewal for 2021-22
137 Highland Drive / P.O. Box 386 Lebanon, VA 24266 Phone 276-833-5403 Email [email protected] www.cprwma.com
®
Cumberland Plateau Regional Waste Management Authority
Monthly Board Meeting Minutes
January 21, 2021 Page 2 d) 21-22 Manpower Agreements
A motion was made by Jeff Cooper and seconded by Carl Rhea to accept
amended agenda. Motion was ratified, roll call vote as follows:
Tim Hess - Aye Carl Rhea - Aye Tim Lovelace- Aye Jeff Cooper - Aye Ron Peters ~ Aye Damon Rasnick - Aye
APPROVAL OF MINUTES: The minutes of the December 17, 2020 monthly meeting of the Board of Directors were presented for consideration. It was suggested that the statement made in the Treasurer’s Report includes “due to illness” be removed. A motion was made by Ron Peters and seconded by Carl Rhea to approve the minutes with the noted change. Motion was ratified, voting as follows:
Tim Hess — Aye Carl Rhea - Aye
Tim Lovelace- Aye Jeff Cooper — Aye
Ron Peters ~ Aye Damon Rasnick - Aye ADMINISTRATIVE BUSINESS
WASTE STREAM REPORTS ~ December 2020: ‘Toby Edwards reported the December tonnage amounts showing a slight decrease in Russell County. The decrease in Buchanan and Dickenson counties is not as much as usually seen this time of year. ‘The new tire machines are working well. Cold weather has caused a few problems at the stations but are being managed. Toby also stated that the CPA was not quite ready with the annual audit but would be made available at next meeting.
‘TREASURER’S REPORT — December 2020: ‘Tim Lovelace presented the CPRWMA Treasurer’s Report for the month of December 2020, reporting the total in the bank was $511,607.54 at the end of December. A motion to approve the report as presented was made by Tim Lovelace and seconded by Carl Rhea. Motion was ratified, voting as follows:
Tim Hess ~ Aye Carl Rhea - Aye ‘Tim Lovelace- Aye Jeff Cooper - Aye Ron Peters — Aye Damon Rasnick - Aye
CPRWMA ATTORNEY’S REPORT - December 2020: At the Board’s
request, Rebecca Thornbury addressed the legality of paying board members Cumberland Plateau Regional Waste Management Authority
Monthly Board Meeting Minutes January 21, 2021 Page 3 when absent from meetings. A motion was made by Jeff Cooper and seconded by Tim Hess to table this discussion until the next meeting, Motion was ratified, roll call vote as follows:
Tim Hess ~ Aye Carl Rhea ~ Aye Tim Lovelace- Aye Jeff Cooper - Aye Ron Peters ~ Abstain Damon Rasnick - Aye LITTER AND RECYCLING REPORT: Household Hazardous Recycling days
have been set as follows: Russell County - April 21 Buchanan County ~ April 22 Dickenson County - April 29
OLD BUSINESS
WV TIRE ISSUE: Toby reported that he had spoken with officials at WV Tire. ‘They have promised that they would get a trailer at Dickenson & Russell counties within two weeks. If this is not done, the attorney will write them an official letter that they are in violation of their contract, as previously approved by motion at the December meeting.
NEW BUSINESS
REVIEW OF 2020-21 OPERATING BUDGET: _Noted that we are over budget on the line items for equipment maintenance. This is because the loaders are getting older and are needing more work on them. We will discuss moving money around at next month’s meeting.
“DRAFT” 2021-2022 OPERATING BUDGET: _Toby presented a some options for the upcoming fiscal year. He asked that everyone look over each line item, Further discussion will be held at the next meeting. He noted the budget needs to be approved at the next in order to be presented to the three member counties Board of Supervisors in March, as specified by the User Agreement.
VACORP INSURANCE RENEWAL: Toby requested that the board grant him permission to sign the Renewal Checklist Proposal that was provided to the board with the agenda. A motion was made by Jeff Cooper and seconded by Carl Rhea to grant approval to Toby Edwards to sign the Insurance Renewal Checkdist to submit to VACORP. Motion was ratified, voting as follows:
Tim Hess - Aye Carl Rhea - Aye
‘Tim Lovelace- Aye Jeff Cooper - Aye
Cumberland Plateau Regional Waste Management Authority Monthly Board Meeting Minutes January 21, 2021 Page 4
Ron Peters - Aye Damon Rasnick - Aye
MANPOWER AGREEMENT: — Rebecca Thornbury reported that she had reviewed the document and that she did not recommend any changes. A motion was made by Ron Peters and second by Carl Rhea to authorize the Chairman to sign the agreement and for Toby to mail a signed copy to each county. Motion was ratified, voting as follows:
Tim Hess — Aye Carl Rhea - Aye Tim Lovelace- Aye Jeff Cooper - Aye Ron Peters ~ Aye Damon Rasnick - Aye
We have not received the Russell County manpower agreement yet. They are waiting to approval the agreements together.
CORRESPONDENCE No correspondence presented.
ADJOURNMENT AND NEXT MEETING
A motion was made by Jeff Cooper and seconded by Tim Hess that the February regular monthly meeting be in person at 5:00 PM on Thursday, February 18, 2021 at the conference room of the Russell County Government Center. This will allow more room for social distancing. Motion was ratified, voting as follows:
Tim Hess ~ Aye Carl Rhea - Aye Tim Lovelace- Aye Jeff Cooper ~ Aye Ron Peters - Aye Damon Rasnick - Aye
A motion was made by Jeff Cooper and seconded by Tim Hess to adjourn the meeting at 5:52 PM.
Tim Hess - Aye Carl Rhea - Aye Tim Lovelace- Aye Jeff Cooper — Aye Ron Peters — Aye Damon Rasnick - Aye
Secretary /Treasurer Date
Cumberland Plateau Regional Waste Management Authority
Cash Flow Statement
January 2021
Cash Balance - December 31, 2020 238,797.54
Cash Received - Tipping Fees:
Russell (Nov) 64,179.17 Russell (Dec) 64,179.17 Buchanan (Dec) 66,057.30 194,415.64 Cash Expenditures Cash Expenditures - January 2021 (174,960.11) Cash Balance - January 31, 2021 258,253.07 ‘Fund Balances: Copal Equp Replacement Fund 247,810 veaC/0 25,000 [rotalin ean 531,063.07
Cumberland Plateau Regional Check Register
For the Perlod From Jan 1, 2024 to Jan 31, 2021 Fitar Criteria includes: Report order is by Check Number.
‘Chock # Date Payee. ‘Amount 718/21 TAG Resources, LL 204.17 Employee 407K 4122/21 Caterpillar Financial Services Corp 6,218.75 Note Payment 41/21 Anthem HealthKeapers, Inc. 704,88 Toby Health/Dental/Vision 121/21 TAG Resources, LLC 233.33 Employee 401k 13142 4111/21 Unifirst Corporation 932,08 Uniform 43143 412/21 Advanced Disposal Services 141,111.70 BC Tipping/Haull $54,974.17 DC Tipping/Hau) $35,284.57 RC Tipping/Haul $60,652.98, 13144 1112/21 Innovative Technology Solutions 300.00 IT Support 13145 1221 Cox Security Services 323.81 BCIDGIRC $107.97 x9 13148 412/21 Skyline Fabricating, Inc. 4,010.00 RC Sta Maint 43147 42121 Toby Edwards 117,39 DC Reimburse Wal-mart CBs 13148 4112/24 Unifirst Corporation 914.15 Uniforms - Coats/Hats 13149 42/21 Dickenson Go Public Service Authority 62,44 DC Utilty 19160 4M2/21 Clintwood Lumber and Supply Co, Inc. 68.78 DC Maint 13161 42/21 Lebanon Block & Supply 3,116.29 777277 19162 12121 Crystal Springs 38.05 RC Supplies 13183 4/12/21 Alderson Construction 7,087.00 27777 19164 wire Buchanan County PSA 197.80 TBC Utility 13155 1/22/21 Verizon 82.97 BC Phone 13158 1122/24 Appalachian Power Company 208.18 RC electric 19187 1122/21 Appalachian Power Company 808.04 DC electric, 19168 1/22/21 Appalachian Power Company 468.34 RC electric 19189 1/22/21 Justice Law Office 1946.26 Legel - Deci20 13160 1/22/21 Honaker Solutions, LLC. "750.00 Accounting Jan‘21 13161 422/21 Advance Auto 97.89 RC Sta Maint 13162 1/22/21 83 Gas & Grocery, inc. 940.45 DC Fuel 13163, 4/22/21 Pest Control Plus, Inc. 120.00 BCIDCIRG $40x3 13164 4/20/21 Industrial Development Authority 200.00 Office Rent Feb/21 19165 4122/21 Point Broadband 180.22 Office Phone 13168 4/22/21 Point Broadband 84.73 DC Phone 43167 1122121 Verizon 482.24 RC Phone 19168 1/22/21 Erle Insurance 392,00 Professional Liability Ins. 13168 1122/24 Mansfield Ol! Company 60.26 Vehicle Fuel 21521 1131/21 United States Treasury 4,421.22 Federal Withholding 2.25.24 1131/21 VA Dept of Taxation 274.68 State Withholding PRI121 424 Ronald E. Peters 184.70 Director’s Compensation PRIT21 4/721 Damon Rasnick 484,70 Director’s Compensation PRI121 1Hi21 Tim Lovelace 184.70 Director’s Compensation PRI121 ane Carl Rhea 484.70 Director’s Compensation PRI121 4121 Jeffery 8. Cooper 4184.70 Director’s Compensation PRI21 421 Timothy W. Hess 184.70 Director’s Compensation PRI1621 1/15/21 Toby F. Edwards 2,901.34 Salary 1st Half PRi2021 1/29/21 Toby F. Edwards 2,301.34 Salary 2nd Half Total 474,560.14
It
Page: 1
‘CUMBERLAND PLATEAU REGIONAL WASTE MANAGEMENT AUTHORTY 2020+ OPERATING BUDGET 8 EXPENSE REPORT
apenas SZTTETY FTRTESTZIOTN Budget [Dicect Expenses: Hransport/Disposal 70788 400 992.00 ire Recyling 2013.75 5,000.00, RW Event 799665 [Otver Relmburzed Expenses 1656.00 : 002,784.58, 7527 992.00, [Overhead Expenses: [Debt Service Loaders Bsns 750.00 | —o forer Oupose : 7,900.00 | — ow [utes Suchanae FAIERCH So | “aa ikenson 297 4300.00 | use 2.31634 4500.00 | [Supples = Suchanan FRZIED 7300.00 | 7a Dikenson 1,085 96 2500.00 | a use 055.04 3,000.00 | 29 Fuel: = uehanan Te 5000.00 | a Diderson 33366 4000.00 ww Russel 72:08:16, 7,000.00 |v Helephane achanan Tos, Tso | oy Dlkenson 1,026 59 3,100.00 | a0 1,061.76, 1,300.00 | 7 Baa spon | a 701.68 30,00.00 | — ex 14.502 35 30,800,00 | sx 73877 1,500.00 | eax |*Manogemem breadown T7354 3,500.00 | ian [Toby Health| Trea 73,085.08 3,500.00 | sen Toy Stary 4195257} ranster Station Parts and Manag A so1x cosyconttbuton 206s. station Permits 19,566.00 Fe000.0 | ax races 3209.29 'VACO Insurance 17,568.00 4,000.00 [125 [Management & Fringe 53,390.01 3000.00 |~ sx] rinange Manager 550.00 900.00 | ax 3900 To Bir 2,000.00 | — ane Teton Cop TORE Suppor 2938.16 4900.00 |e] Bb ote tentayinernet/ceb/otnce supp 2.50635, 600000] ex} ens [rectors Compe PATER 3007.0 iarwo.00| sox] 90073 Prenat Fos Toa) — a "4900.00 | — ox Oca Breakdown [Mering Expense EXOT 3000.00] safPhoneyinn 2336 Travel 733 4000.00 | 25%fRent 1400 supp 47456 “4000.00 |—erefrosa 2107 fovesteenes = “41000 —owfottcesup 45329 [etc expense Tare 300.00 | a7 [uniform nena 331781 4000.00 | 2696.35 [aaverng To10a7 230000 | Ineservesequp? Emergency [una : 2000.00| ow ‘OVERNERD SUBTOTAL Fas 7510.06, Lite Machnes/Sheaer 4.06.38, : [ForATEPeNSES PET SECO Tete | ‘overhead Rate per County Hs013
{6
[CUMBERLAND PLATEAU REGIONAL WASTE MANAGEMENT AUTHORITY FY 2020 - OPERATING BUDGET & EXPENSE REPORT
Eapendtoes GEE Tams Suieeh a0 9788 402.0 Fire Reeytng 201875 450.00, iw event T9966 5 [other Reimbursed expenses 3,65500, : 70,7445 TSO {Overhead Expenses: [Debt Service Loaders ESET Faso 00 | sa her Depot : 3,000.00 | — os uti: = Buchanan EXEEECH 10000 | “san Dikenson sam 4300.00] — es tase 231634 4,500.00 | six supiese a Suckanan BEZIET) i000 | oH Dickenson 3.04596 2500.00 | —a hus 500 3000.00 | a9 Fue 5 Buchanan EXE 06.06 |“ Dickenson 333661, 400.00 | ust 2208.16, 7000.00 | a3 elephon 6 Suehonon moss 750000 | oa Dikanson 2059 2,100.00 [se muse 2,081,768 4,500.00 | 7] [station Malntenanee/improverent 5 ‘Buchanan Ea aa | (apo 750000 | ~s ‘ikenson 70.51.68 | 4,000 6000.00 |— fase 34,902.35 | (4000 25;00.00 |r Loader Equip Maintenance 3 Buchanan 7367 Tez0000 | ae Dikenson ara.se hs 000 3,500.00 |—aan tunel 00503 |) 7.000 73 500.00 | am tansfer Station Pernts and Ma a Station Permits His. i5p000 | san VACO insurance 77568.00, 44,000.00 [sa faanagement Fags 53,3901 30,000.00 | sou nance hansger 5450.00 3,000.00 | ~ ar B73 Ta m0.00 |e SnD 799536 406.00 | 7a oticeRentaVnemet/Celyotice bursts 6000.00] «sx Dectors Con PTET 10.00 | Prorestaarrees Tat 0005 | a [tering expense 7.00.00 |r Fav 3,000.00 | 2 is 3,900.00 | on cm ‘10.00 | — oy Teepe z ar Uniform Renta 400000 | a Raversog 230000 |e esevesrequn? emergency rune : 2000.00] _ ox ‘SiEEAD SUBTOTAL EEX iz 21000 fventechines/Shoaar 12460 3 [form emma FREI ERIE Titer] “overhead ate per County ras]
Io
& Note ~ H720°
CPRWMA
Transfer Stations Overhead and Administrative
2008 (Bond) $593,145 per yr +12 $49,428.75 33 $16,476.25 per mth per Co
2016 $520,100 per yr $12 $43,341.66 33
$14,447.22 per month
2019
$454,000 per yr #12 $37,833.33 33
2008 to Oct 26, 2020
2010 (Bond) $726,125 per yr #12 $60,510.41 33 $20,170.13 per month
2017 $481,093 per yr +12 $40,091.08
33
$13,363.69 per month
2020 $452,210 per yr #12 $37,684.16 33
2014 $593,137 per yr 2
$49,428.08
$16,476.02 per month
2018 $475,100 per yr
#12
$39,591.66
33 $13,197.22 per month
$12,611.11 per month per Co $12,561.39 per month per Co
WV
"Ena PATER REGION WASTE ANAGOENT AUTHOR
-Fv202020u-opaurine ww0GeT n |biect Expenses: n [transporvDiposal ‘soars Tanase} 60.00 | 66 nce — SEO RUTID] css ive Recycling “ran75 4500000) aeon00 | 2200000 Joeweriee 2000000 oer Jiwevens 98665 z0in00 | sz niesie 1200000 |eresse Joterteimbused arenes eon Lonnse as aneer00| ame COTTE loverhead Expenses: Jett serie-tooders | $e.sn3s _—aponOD Tama | Faso Eo fee Osos 200000 z0in00 | 200000 2000.0 estes chan 204 S00 ome] ——sisana|same S00 same Devenon 201071 00 son00| ——as0000|ssme 4soi00]sme set 21634 4000 50000 | as0000 [sme 450200 sine supp: | ‘ehanan 17009 3500 50090] — 30H see 750300 |e Setenon 1 o0s55 su. 250000] 100000 sre 250100 sine ruse ‘ses Sono 300000 306000 me 250000 |tevene roe: fucanen 2417s gn oT a 7oea8 op Deteron hse 00 0160} ——aspon0|xies< ———aste.0 hase 20816 9660 7.00900 | 70000 |e 7.00800 ese reephone: = Suchanan 1.0855 a0 TS0n08 fone T5000 one Dedenon essss 0 1000 ne 10006 rome ose 1st 6 0 Zoonso ice Zom}enc sation Maitenance/improvements: 2 ‘uckanan ‘399540 sm SRS | SOUT tree ——~ 39,406 Deterion | zon. anne soo0000 | —aneontd |ecrene 3000000 me fae ‘users spon Soni. | —2hoon00 serene ——anpoas0 ume fosser7equip Maintenance: Ss ‘uchnan 3387 em 650000 | — BORG ene —— aD] cene Dilantin |) atnast Saas Testo] — soo} enic —— agence ‘ane ssc 50000 ies0000| —espm 00 |ceie. —— aso |mreie [Frans Sation Permits and Management: = station Perts ‘ssus0 —apponoe FETC ETT TT ace insurance ‘ous 0 oon 400.00 apo0a0 neie ~—an0¢0 ee nage dante S001 spoon sa. 86 | 9100000 ame 5000000 |e insce tanger s1so0o —— 008 3.06.0 somo ame eg iv» aoe ‘e000 3200000] me I3irven 56 "spoon | ——— "ro — = lene 203635 0000 00000] 590000 Jcene 09 0 eam 710000] —“insoa0o|ime Jroestrt est) | cress [seine eens amen ca Bose une vet 273 — dono ‘m0 | —— 100000 [ote ‘uss hoonee| ‘noo |—— ont me josnienes t zs ‘i000 toa [reste teen 141)» zo 730600 om ena hut ome totes frvertine | Naseer = asoase 2sin00] ——z00000 serene — 200000 eerense Ire te he can = 2000000 | emote 2006000 fsentace! meaty ond 200000 2000 200000|.ame 200009 une fovemenosuerora, assess asa 45541000| _so140000|resie _ 50590000 ncene Jj Tue Machines Pree frotat erences Tiassa — sisezee| ——faanssra0 | ram saro ‘bagi iayad nati _ftebognoai | sovread nateper 1286139 suas] 778) ‘ounyper month
CUMBERLAND PLATEAU REGIONAL WASTE MANAGEMENT AUTHORITY
FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED JUNE 30, 2020
CUMBERLAND PLATEAU REGIONAL WASTE MANAGEMENT. AUTHORITY FINANCIAL STATEMENTS AS OF AND FOR THE YEAR ENDED JUNE 30, 2020
Financial Section:
Independent Auditors’ Report on Financial Statements …
Report on Internal Contrat o
Based on an Audit of Financial Statements Performed in Accordance with Governmental Auditing Standards ss
Basic Financial Statements:
Statement of Net Position
Statement of Revenues, Expenses, and Changes in Net Position
Statement of Cash Flows
Notes to Financial Statements…
BOSTIC, TUCKER
& COMPANY, P.C. Certified Public Accountants
Ronato C, Bostic, CPA P.O, Box 605, Lebanon, VA 24266 GREGORY D. TUCKER, CPA (276) 889-3103 Fax: (276) 689-0229 www.bthepa.com
PORT ON FINANCIAL STATEMENTS
‘The Board of Directors of the Cumberland Platea Regional Waste Management Authority Lebanon, Virginia
Report on the Finaneial Statements
We have audited the accompanying financial statements of the business-type activities of the Cumberland Plateau Regional Waste Management Authority as of June 30, 2020; and the related notes to the financial statements, which collectively comprise the Authority’s basic financial statements as listed in the Table of Contents
Management’s Responsibility for the Financial Statements
Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal contro! relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or ervor
Auditor’s Responsi
Our responsibility is to express opinions on these financial statements based on our audit. We conducted ‘our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the ‘Comptroller General of the United States; and the Specifications for Audits of Authorities, Boards, and Conmiissions issued by the Auditor of Public Accounts of the Commonwealth of Virginia. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement.
An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements, The procedures selecied depend on the auditor’s judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control, Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, 1s well as evaluating the overall presentation of the financial statements.
We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions
Opinions
In our opinion, the financiat statements referred to above present fairly in all material respects, the respective financial position of the Cumberland Plateau Regional Waste Management Authority, as of June 30, 2020, and the respective changes in financial position, and, where applicable, cash flows thereof for the year then ended in aecordance with accounting principles generally accepted in the United States of ‘America
Other Matters Required Supplementary Information
‘Management has omitted the Management’s Discussion and Analysis that accounting principles generally accepted in the United States of America require to be presented to supplement the basic financial statements. Such missing information, although not a part of the basie financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. Our opinion on the basic financial statements is not affected by this missing information.
Report on Other Legal and Regulatory Requirements
In accordance with Government Auditing Standards, we have also issued a report dated January 15, 2021, ‘on our consideration of the Cumberland Plateau Waste Management Authority’s intemal control over financial reporting and on our tests of its compliance with certain provisions of laws. regulations, contracts ‘and grants agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government cluditing Standards in considering the Cumberland Plateau Waste Management Authority’s internal control over financial reporting and compliance,
Basti, Tasker & Copa, PC
January 15, 2021 Lebanon, Vii
BOSTIC, TUCKER
& COMPANY, P.C. Certified Public Accountants
RONALD C. Bostic, CPA P.O. Box 05, Lebanon, VA 24266 Greaory D. TUCKER, CPA (276) 689-3103 Fax: (276) 889-0229 www.bthepa.com
INDEPENDENT AUDITOR’S REPORT ON INTERNAL CONTROL OVER FINANCIAL, REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS
‘The Board of Directors of the ‘Cumberland Plateau Regional Waste Management Authority Lebanon, Virgi
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States; and the Specifications for Audits of Authorities, Boards, and Commissions issued by the Auditor of Public Accounts of the Commonwealth of Virginia, the accompanying statement of net position of the Cumberland Plateau Regional Waste Management Authority, as of and for the year ended June 30, 2020, and the related statements of revenues, expenditures, and changes in net position and cash flows for the year then ended, which collectively: comprise the Cumberland Plateau Regional Waste Management Authority’s basic financial statements, and have issued our report thereon dated January 15, 2021.
Internal Control over Financial Reporting
In planning and performing our audit of the financial statements, we considered the Cumberland Plateau Regional Waste Management Authority’s internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion of the effectiveness of the Cumberland Plateau Regional Waste Management Authority’s internal control. Accordingly, we do not express an opinion on the effectiveness of the Cumberland Plateau Regional Waste Management ‘Authority’s intemal control,
A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented or detected and corrected on a timely basis. A signifleant deficieney is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.
Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in intemal control that might be material weaknesses of, significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.
‘Compliance and Other Matters
As part of obtaining reasonable assurance about whether the Cumberland Plateau Regional Waste Management Authority’s financial statements are free of material misstatement, we performed tests ofits compliance with certain provisions of laws, regulations, contracts, and grants agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.
Purpose of this Report
‘The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing. and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the organization’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.
Aecti, Tasker & Copagy, PE
January 15, 2021 Lebanon, Vit
Cumberland Plateau Regional Waste Management Authority Statement of Net Position, At June 30, 2020
‘SAND DEFERRED OUTELOWS OF RESOURCES
Current Assets ash and cash equivalents Accounts receivable Accounts receivable
Prepaid expenses Total Current Assets
mlergovernmental
Restricted Assets: Cash
Capital Assets ‘Capital assets, non-depreciable Capital assets, depreciable, net
Total Capital Assets
“Total Assets
Deferred Outflows oF Resources Deferred interest charges
“Total Assets and Deferred Outflows of Resources
TION
‘Current Liabilities ‘Accounts payable Accrued interest payuble Bonds and notes payuble, current Total Current Liabilities
Long Term abil Bonds and notes payable otal Long-Term Li
Total Liabilities
‘Net Position Invested in capital assets, related debt Restricted for other porposes Unnestricted
Total Net Position
‘Total | iabitities and Net Position
he accompanying Notes to Financial Statements are an integral part of this statement
Amovot
S 557,986 181,156
FI
25,000
1,440,380
$2,201,522
S.152,377 239
49151 WAST
273,541
1,319,456 25,000 58
1,930,982
$2,204,522
Cumberland Plateau Regional Waste Management Authority Statement of Revenue, Expenses and Changes in Net Positi For Year Ended June 30, 2020
Amount Operating Revenues: Management fees S$ 453,999 Tipping foes 1,663,615 reimbursement 37,768
Miscellaneous income
Total Operating Revenues
Operating Expenses:
Disposal costs 1,685,706 Station fees and permits 19,416 Administrative and personnel services 116,019 Fuel costs 14,288, Repairs and maintenance 63,249 Contracted services :
Us Supplies
Telephone and pager Insurance
Travel
Legal and accounting Advertsing,
Meeting expenses
Uniform rental
IT support
Office rent
Depreciation and amortization
‘Total Operating Expenses
Net Operating Income
Other Non-Operating Revenue (Expenses): Interest income 1,003 Bond issuance costs - Gain on sale of fixed assets - Interest expense (4,880)
‘Total Other Non-Operating Revenue (Expenses) (3877) Change in Net Position am Net Position at Beginning of Year 1,992,439 Net Position at End of Year S_ 1,930,981
‘The accompanying Notes to Financial Statements are an integral part of this statement
6
‘Cumberland Plateau Regional Waste Management Authority Statement of Cash Flows For Year Ended June 30, 2020
Cash Flows from Operating Activities: Cash received from customers for goods and services Cash payments to employees for services and benefits
Net Cash Provided By Operating Activities
Cash Flows From Investing Act Interest income
Cash Plows From Capital and Related
inancing Activities:
Purchase of assets
Gain on sale of fixed assets
Principal proceeds’(payments) for loans and bonds Interest payments on debt
Net Cash Used By Capital and Related Financing Activities
Change In Cash Cash At Beginning Of Year
Cash At End of Year
Net Cash Flows From Operating Activities: Net operating income (Loss) Adjustments to reconcile net operating income (Loss) to nel cash provided by operating activities:
Depreciation and amortization
Changes in operating assets and lial Accounts receivable Prepaid expenses Accounts payable
Net Cash Provided By Operating Activities
The accompanying Notes to Financial Statements are an integral part of this statement
5
s
Exhibit 3
Amount
2,282,541 (1,867,591)
(96,940)
318,010
1,003,
(148,921)
(69,492)
(57,600)
233,812
127,156 15,870
(1,228)
318,010
CUMBERLAND PLATEAU REGIONAL WASTE MANAGEMENT AUTHORITY NOTES TO FINANCIAL STATEMENTS JUNE 30, 2020
NOTE 1, SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
‘The Cumberland Plateau Regional Waste Management Authority was incorporated under the Virginia Water and Sewer Authorities stct of 1973. The Authority operates under a Board of Directors appointed by the Board of Supervisors of the three-member governments: Buchanan, Dickenson, and Russell Counties, The Authority provides waste management for the three-member governments.
Reporting Entity ‘The Authority complies with GASB Statement No. 14, The Financial Reporting Entity. The Authority considered all potential component units in determining what organizations should
be included in the financial statements. Based on these criteria, there are no component units (o include in the Authority’s financial statements.
Financial Statement Presentation
‘The accompanying financial statements are prepared in accordance wit
h generally: accepted
accounting principles (GAAP) as applied to governmental units, The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental
accounting and financial reporting principles.
PROPRIETARY FUND TYP!
Proprietary Funds account for operations that are financed in a manner si
lar to private business
enterprises, The proprietary fund measurement focus is upon determination of net income, financial position, and cash flows. The proprietary fund of the Authority is an Enterprise Fund.
Enterprise Fund accounts for the financing of services to the general public where all or most of the operating expenses involved are recovered in the form of charges to users of such services.
All activity of the Authority is accounted for in the Enterprise Fund,
Basis of Accounting
‘The Authority uses the accrual basis of accounting. Under his method revenues are recognized
in the accounting period in which they are earned, while expenses are recognized ‘accounting period in which the related liability is incurred.
Budgets and Budgetary Accounting: ‘The budget for the Authority is adopted and maintained on the cash basis,
Cash and Cash
iquivalent
For the purposes of the Statement of Cash Flows, cash and cash equivalents are defined as short term highly liquid investments that are both rapidly convertible to known amounts of cash and
investments w
th original maturities of 90 days or less.
CUMBERLAND PLATEAU REGIONAL WASTE MANAGEMENT AUTHORITY NOTES TO FINANCIAL STATEMENTS: JUNE 30, 2020
NOTE 1, SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Estimates
The preparation of financial statements in conformity with generally accepted accounting principles include the use of estimates that affect the financial statements. Accordingly, actual results could differ from these estimates.
Property, Plant, and Equipment
Fixed Assets: Property, plant, and equipment are stated at cost, Expenditures for maintenance, repairs and minor renewals are charged to expense as incurred; major improvements or betterments are capitalized, Depreciation is provided over estimated useful lives of the respective assets on the straight-line basis are 5 t0 30 years,
Deferred Outflows/Inflows of Resources In addition to assets, the statement of net position will sometimes report a separate section for deferred outflows of resources. This separate financial statement element, deferred outflows of resources, represents a consumption of net position that applies to a future period(s) and so will not be recognized as an outflow of resources (expense) until then, The Authority: did not have any deferred outflows.
In addition to liabilities, the statement of financial position will sometimes report a separate section for deferred inflows of resources. This separate financial statement element, deferred inflows of resources, represents an acquisition of net position that applies to a future period(s) and 50 will not be recognized as an inflow of resources (revenue) until that time, The Authority did not have any deferred inflows.
Net Position Net position is the difference between (a) assets and deferred outflows of resources and (b) liabilities and deferred inflows of resources. Net investment in eapital assets represents capital assets, less accumulated depreciation. less any outstanding debt related to the acquisition, construction or improvement of those assets, Deferred outflows of resources and deferred inflows that are attributable to the acquisition, construction, or improvement of those assets or related debt are also included in this component of net position,
Equity Classifications
Equity is classified as net position and displayed in three components:
Invested in capital assets, net of relaied debt ~ Consists of capital assets including restricted capital assets, net of accumulated depreciation and reduced by the outstanding balances of any bonds, mortgages, notes, or other borrowings that are attributable to the acquisition, construction or improvement of those assets.
CUMBERLAND PLATEAU REGIONAL WASTE MANAGEMENT AUTHORITY
NOTE
NOTE 2,
NOTE 3.
NOTE 4.
NOTES TO FINANCIAL STATEMENTS. JUNE 30, 2020
. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)
Equity Classifications (Continued) Restricted ~ Consists of net assets with constraints placed on the tse either by (1) external groups such as creditors, zrantors, contributors, or laws or regulations or other governments: of (2) law through constitutional provisions or enabling legislation,
Unrestricted ~ All other net assets that do not meet the definition of “restricted” or “invested in capital assets, net of related debi.”
Long-term Obligations
Long-term debt and other long-term obligations are reported as liabilities in the Authority’s balance sheets, Bond premiums and discounts, as well as issuance costs, are deferred and amortized over the life of the bonds using the effective interest rate method. Bonds payable are reported net of the applicable bond premium or discount, Bond issuance costs are reported as deferred outflows and amortized over the term of the related debt.
CASH AND INVESTMENTS
Deposits
All cash of the Authority is maintained in accounts collateralized in accordance with the Virginia Security for Public Deposits Act, Section 201-359 et. Seq. of the Code of Virginia or covered by federal depository insurance. Since the Authority does not have any investments, there is no formal policy concerning the types of investments allowed.
Restricted Cash
Restricted cash consisted of a certificate of deposit required to be held by the Department of Environmental Quality.
ACCOUNTS RECEIVABLE
‘There has not been an allowance for uncollectible accounts as all receivables are from the members of the Authority and management expects full payments for the amounts owed the Authority from its members.
RISK MANAGEMENT
‘The Authority is exposed to various risks of loss related to torts; theft of, damage to, and destruction of self-insured liability plan sponsored by the state of Virginia for local political subdivisions. The plan provides $1,000,000 coverage against public official liability claims. The Authority. also participates in a local government group self-insurance pool. The pool will provide coverage in the areas of general liability, property. business interruption, and employee’s criminal acts. Management believes such coverage is sufficient to preclude any significant uninsured losses to the Authority. Settled claims have not exceeded coverage in previous fiscal years.
CUMBERLAND PLATEAU REGIONAL WASTE MANAGEMENT AUTHORITY NOTES TO FINANCIAL STATEMENTS JUNE 30, 2020 NOTE 5, FIXED ASSETS
A summary of the changes in fixed assets follows:
Balance Balance
beginning Additions Retirements. _ending Buildings $3,367325 $125,360 S = S3197,689 Equipment 1,736,187 21,950 = 1,758,137 ‘Total cost 3,103,512 Wis = 3,250,826
Accumulated depreciation:
(2,236,260) (113,290) . (2,349,550) Equipment (1,340,373) __ (120,523) = (1,460,896) Total accumulated de (3,576,633) __ (233,813) = _ 3,810,446) Net capital assets _$ 1,526,879 _$ (233,813) _$ = $1,440,380
For the current year depreciation expense amounted to $238,892. NOTE 6. LONG-TERM DEBT
The following is a summary of long-term debt transactions for the year:
Amounts Amounts Amounts Payable Additional Principal Payable Due within beginning Borrowings Reduction ending—— One Year Bonds/Loans $190,417 $ = $69,492 $ 120925 $ 71,773
Details of indebtedness:
‘The Authority: received a $406,500 loan on February 1, 2016 to purchase equipment. The loan has monthly payments of $6,219. ‘The interest rate is 3.2%. The balance of the loan at year end was $120,925,
NOTE 7, SUBSEQUENT EVENTS
Management has evaluated subsequent events through January 15, 2021; the date which the fina statements were available to be issued.
From: SWIAExternal@deq virginia. gov Sent: Monday, February 1, 2021 4:39 PM
To: [email protected]; Stephan [email protected]. gov
Subject: The Annual SOLID WASTE INFORMATION AND ASSESSMENT PROGRAM report has
been approved
DEQ has approved SWIA Form 50-25 for reporting period: 2020
Date:
0/1/2021 4:38:51 PM
Facility: Buchanan County Transfer Station Permit Number: PBR106
Jurisdictio
© VA- Virginia Preparer: [email protected]
You are receiving this message because the SWIA data that you submitted to DEQ has now been approved by DEQ staff ‘on the date noted above.
To view the data online, please click here: https://portal.dea. virginia.gov/v2/swia/#/swiaReport/7524
IFyou need further a
ance with SWIA on-line application, please send a message to: [email protected]
COMMONWEALTH of VIRGINIA
Department of Taxation October 30, 2020
To: The Honorable Janet D. Howell Chairwoman, Senate Finance and Appropriations Committee
The Honorable Luke E. Torian Chairman, House Appropriations Committee
The Honorable Vivian E. Watts Chairwoman, House Finance Committee
Effective July 1, 2021, House Bill 785 and Senate Bill 588 (2020 Acts of Assembly, Chapters 1214 and 1263), authorize all counties to levy a tax on cigarettes. Under prior law, only cities, towns, and two counties were authorized to tax cigarettes.
In addition, the sixth enactment clause of this legislation directed the Department of Taxation to convene a work group of stakeholders to identify and make recommendations for modernizing the process for using stamps to certify that tax has been paid on cigarettes and unifying the stamping process so that it is administered solely by the Department of Taxation.
Attached is the report summarizing the findings of the work group mandated by and the sixth enactment clause of 2020 House Bill 785 and Senate Bill 588. Please let me know if you have any questions.
Sincerely,
ig M. Burns ‘ax Commissioner
c: The Honorable Aubrey L. Layne, Jr., Secretary of Finance The Honorable Emmett W. Hanger, Jr.
Code of Virginia Title 58.1. Taxation Subtitle III. Local Taxes Chapter 38. Miscellaneous Taxes Article 7. Cigarette Tax § 58.1-3832. Local ordinances to administer and enforce local taxes on sale or use of cigarettes Any county, city or town having a tax upon the sale or use of cigarettes may by ordinance, provide for the administration and enforcement of any such cigarette tax. Such local ordinance may:
- Provide for the registration of any distributor, wholesaler, vendor, retailer or other person selling, storing or possessing cigarettes within or transporting cigarettes within or into such taxing jurisdiction for sale or use. Such registration may be conditioned upon the filing of a bond with a surety company authorized to do business in Virginia as surety, which bond shall not exceed one and one-half times the average monthly liability of such taxpayer. The county, city or town may revoke registration if such bond is impaired, but for no other reason. Any such distributor, wholesaler, retailer or other person whose business and residence is outside the taxing jurisdiction, who shall sell, store or possess in the taxing jurisdiction therein any cigarettes shall, by virtue of such sale, storage or possession submit himself to its legal jurisdiction and appoint as his attorney for any service of lawful process such officer or person as may be designated in the local ordinance for that purpose. A copy of any such process served on the said officer or person shall be sent forthwith by registered mail to the distributor, wholesaler or retailer.
- Provide for the use of a tax stamp or meter impression as evidence of payment of the tax or other method or system of reporting payment and collection of such tax. Any local tax stamp or meter impression required to be used to evidence payment of the tax shall be of the same stamp technology that is used or required by the Commonwealth for the state cigarette tax stamp pursuant to Chapter 10 (§ 58.1-1000 et seq.). The purchase price of any tax stamps purchased under this section shall be refunded, without penalties or additional fees, upon verification by the county, city, or town imposing the tax that the stamps have been returned to such county, city, or town.
- Provide that tobacco products found in quantities of more than six cartons within the taxing jurisdiction shall be conclusively presumed for sale or use within the jurisdiction and may be seized and confiscated if: a. They are in transit, and are not accompanied by a bill of lading or other document indicating the true name and address of the consignor or seller and of the consignee or purchaser, and the brands and quantity of cigarettes so transported, or are in transit and accompanied by a bill of lading or other document which is false or fraudulent, in whole or in part; or b. They are in transit and are accompanied by a bill of lading or other document indicating: (1) A consignee or purchaser in another state or the District of Columbia who is not authorized by the law of such other jurisdiction to receive or possess such tobacco products on which the taxes imposed by such other jurisdiction have not been paid, unless the tax of the state or District of
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http://law.lis.virginia.gov/vacode/58.1-1000/ Code of Virginia Title 58.1. Taxation
Subtitle III. Local Taxes
Chapter 38. Miscellaneous Taxes Article 7. Cigarette Tax
§ 58.1-3832. Local ordinances to administer and enforce local taxes on sale or use of cigarettes
Any county, city or town having a tax upon the sale or use of cigarettes may by ordinance, provide for the administration and enforcement of any such cigarette tax. Such local ordinance may:
-
Provide for the registration of any distributor, wholesaler, vendor, retailer or other person selling, storing or possessing cigarettes within or transporting cigarettes within or into such taxing jurisdiction for sale or use. Such registration may be conditioned upon the filing of a bond with a surety company authorized to do business in Virginia as surety, which bond shall not exceed one and one-half times the average monthly liability of such taxpayer. The county, city or town may revoke registration if such bond is impaired, but for no other reason. Any such distributor, wholesaler, retailer or other person whose business and residence is outside the taxing jurisdiction, who shall sell, store or possess in the taxing jurisdiction therein any cigarettes shall, by virtue of such sale, storage or possession submit himself to its legal jurisdiction and appoint as his attorney for any service of lawful process such officer or person as may be designated in the local ordinance for that purpose. A copy of any such process served on the said officer or person shall be sent forthwith by registered mail to the distributor, wholesaler or retailer.
-
Provide for the use of a tax stamp or meter impression as evidence of payment of the tax or other method or system of reporting payment and collection of such tax. Any local tax stamp or meter impression required to be used to evidence payment of the tax shall be of the same stamp technology that is used or required by the Commonwealth for the state cigarette tax stamp pursuant to Chapter 10 (§ 58. 1-100 et seq.). The purchase price of any tax stamps purchased under this section shall be refunded, without penalties or additional fees, upon verification by the county, city, or town imposing the tax that the stamps have been returned to such county, city, or town.
-
Provide that tobacco products found in quantities of more than six cartons within the taxing jurisdiction shall be conclusively presumed for sale or use within the jurisdiction and may be seized and confiscated if:
a. They are in transit, and are not accompanied by a bill of lading or other document indicating the true name and address of the consignor or seller and of the consignee or purchaser, and the brands and quantity of cigarettes so transported, or are in transit and accompanied by a bill of lading or other document which is false or fraudulent, in whole or in part; or
b. They are in transit and are accompanied by a bill of lading or other document indicating:
(1) A consignee or purchaser in another state or the District of Columbia who is not authorized by the law of such other jurisdiction to receive or possess such tobacco products on which the taxes imposed by such other jurisdiction have not been paid, unless the tax of the state or District of
1 2242001 12.0020
destination has been paid and the said products bear the tax stamps of that state or District; or (2) A consignee or purchaser in the Commonwealth of Virginia but outside the taxing jurisdiction who does not possess a Virginia sales and use tax certificate, a Virginia retail cigarette license and, where applicable, both a business license and retail cigarette license issued by the local jurisdiction of destination; or c. They are not in transit and the tax has not been paid, nor have approved arrangements for payment been made, provided that this subparagraph shall not apply to cigarettes in the possession of distributors or public warehouses which have filed notice and appropriate proof with the taxing jurisdiction that those cigarettes are temporarily within the taxing jurisdiction and will be sent to consignees or purchasers outside the jurisdiction in the normal course of business. 4. Provide that cigarettes and other property, other than motor vehicles, used in the furtherance of any illegal evasion of the tax so seized and confiscated may be disposed of by sale or other method deemed appropriate by the local taxing authority. No credit from any sale or other disposition shall be allowed toward any tax or penalties owed. 5. Provide that persons violating any provision thereof shall be deemed guilty of a Class 1 misdemeanor, and require the payment of penalties for late payment not to exceed 10 percent per month, penalties for fraud or evasion of the tax not to exceed 50 percent, and interest not to exceed three quarters of one percent per month, upon any tax found to be overdue and unpaid. The mere possession of untaxed cigarettes in quantities of not more than six cartons shall not be a violation of any such ordinance. 6. Provide for the forfeiture and sale of any property seized; provided, however, that proper notice of such seizure shall be given to the known holders of property interests in such property and shall include procedures for administrative appeal as well as affirmative defenses which may be asserted by such holders which procedures must be set forth in reasonable detail. 7. Provide that any coin-operated vending machine, in which any cigarettes are found, stored or possessed bearing a counterfeit or bogus cigarette tax stamp or impression or any unstamped tobacco products, or any cigarettes upon which the tax has not been paid, may be declared contraband property and shall be subject to confiscation and sale as provided in subsection 6. When any such vending machine is found containing such cigarettes it shall be presumed that such cigarettes were intended for distribution, sale or use therefrom. In lieu of immediate seizure and confiscation of any vending machines used in an illegal evasion of the tax it may be sealed by appropriate enforcement authorities to prevent continued illegal sale or removal of any cigarettes, and may be left unmoved until other civil and criminal penalties are imposed or waived. Notice requirements shall be the same as if the machine had been seized. Such seal may be removed and the machine declared eligible for operation only by authorized enforcement authorities. Nothing in this section shall prevent seizure and confiscation of a vending machine at any time after it is sealed. 8. Provide that any counterfeit stamps or counterfeit impression devices may also be seized and confiscated. 9. Any county, city or town may enact an ordinance which would delegate its administrative and enforcement authority under its cigarette tax ordinance to one agency or authority pursuant to the provisions of § 15.2-1300. Such agency or authority may promulgate rules and regulations
2 2/24/2021 12:00:00 AM
http://law.lis.virginia.gov/vacode/15.2-1300/ destination has been paid and the said products bear the tax stamps of that state or District; or
(2) A consignee or purchaser in the Commonwealth of Virginia but outside the taxing jurisdiction who does not possess a Virginia sales and use tax certificate, a Virginia retail cigarette license and, where applicable, both a business license and retail cigarette license issued by the local jurisdiction of destination; or
c. They are not in transit and the tax has not been paid, nor have approved arrangements for payment been made, provided that this subparagraph shall not apply to cigarettes in the possession of distributors or public warehouses which have filed notice and appropriate proof with the taxing jurisdiction that those cigarettes are temporarily within the taxing jurisdiction and will be sent to consignees or purchasers outside the jurisdiction in the normal course of business.
-
Provide that cigarettes and other property, other than motor vehicles, used in the furtherance of any illegal evasion of the tax so seized and confiscated may be disposed of by sale or other method deemed appropriate by the local taxing authority. No credit from any sale or other disposition shall be allowed toward any tax or penalties owed.
-
Provide that persons violating any provision thereof shall be deemed guilty of a Class 1 misdemeanor, and require the payment of penalties for late payment not to exceed 10 percent per month, penalties for fraud or evasion of the tax not to exceed 50 percent, and interest not to exceed three quarters of one percent per month, upon any tax found to be overdue and unpaid. The mere possession of untaxed cigarettes in quantities of not more than six cartons shall not be a violation of any such ordinance.
-
Provide for the forfeiture and sale of any property seized; provided, however, that proper notice of such seizure shall be given to the known holders of property interests in such property and shall include procedures for administrative appeal as well as affirmative defenses which may be asserted by such holders which procedures must be set forth in reasonable detail.
-
Provide that any coin-operated vending machine, in which any cigarettes are found, stored or possessed bearing a counterfeit or bogus cigarette tax stamp or impression or any unstamped tobacco products, or any cigarettes upon which the tax has not been paid, may be declared contraband property and shall be subject to confiscation and sale as provided in subsection 6. When any such vending machine is found containing such cigarettes it shall be presumed that such cigarettes were intended for distribution, sale or use therefrom. In lieu of immediate seizure and confiscation of any vending machines used in an illegal evasion of the tax it may be sealed by appropriate enforcement authorities to prevent continued illegal sale or removal of any cigarettes, and may be left unmoved until other civil and criminal penalties are imposed or waived. Notice requirements shall be the same as if the machine had been seized. Such seal may be removed and the machine declared eligible for operation only by authorized enforcement authorities. Nothing in this section shall prevent seizure and confiscation of a vending machine at any time after it is sealed.
-
Provide that any counterfeit stamps or counterfeit impression devices may also be seized and confiscated.
-
Any county, city or town may enact an ordinance which would delegate its administrative and enforcement authority under its cigarette tax ordinance to one agency or authority pursuant to
the provisions of § 15.2-1500. Such agency or authority may promulgate rules and regulations 2 2/24/2021 12:0000
governing the display of cigarette stamps in vending machines, tax liens against property of taxpayers hereunder, extend varying discount rates and establish different classes of taxpayers or those required to collect and remit the tax, requirements concerning keeping and production of records, administrative and jeopardy assessment of tax where reasonably justified, required notice to authorities of sale of taxpayer’s business, audit requirements and authority, and criteria for authority of distributors and others to possess untaxed cigarettes and any other provisions consistent with the powers granted by this section or necessarily implied therefrom. Such ordinance may further provide that such agency or authority created may issue a common revenue stamp, employ legal counsel, bring appropriate court action, in its own name where necessary to enforce payment of the cigarette taxes or penalties owed any member jurisdiction and provide cigarette tax agents, and the necessary enforcement supplies and equipment needed to effectively enforce the cigarette tax ordinance promulgated by each such county, city or town. Any cigarette tax agents shall meet such requirements of training or experience as may be promulgated from time to time by the enforcement authority when performing their duties and shall be required to carry proper identification and may be armed for their own protection and for the enforcement of such ordinance. Any such agent shall have the power of arrest upon reasonable and probable cause that a violation of any tobacco tax ordinance has been committed. Any common revenue stamp issued by such agency or authority shall be of the same stamp technology that is used or required by the Commonwealth for the state cigarette tax stamp pursuant to Chapter 10 (§ 58.1-1000 et seq.). Code 1950, § 58-757.29; 1974, c. 472; 1977, c. 595; 1984, c. 675; 2012, cc. 89, 258;2017, c. 113. The chapters of the acts of assembly referenced in the historical citation at the end of this section(s) may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.
3 2/24/2021 12:00:00 AM
http://law.lis.virginia.gov/vacode/58.1-1000/ http://lis.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0089 http://lis.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0258 http://lis.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0258 http://lis.virginia.gov/cgi-bin/legp604.exe?171+ful+CHAP0113 governing the display of cigarette stamps in vending machines, tax liens against property of taxpayers hereunder, extend varying discount rates and establish different classes of taxpayers or those required to collect and remit the tax, requirements concerning keeping and production of records, administrative and jeopardy assessment of tax where reasonably justified, required notice to authorities of sale of taxpayer’s business, audit requirements and authority, and criteria for authority of distributors and others to possess untaxed cigarettes and any other provisions consistent with the powers granted by this section or necessarily implied therefrom. Such ordinance may further provide that such agency or authority created may issue a common revenue stamp, employ legal counsel, bring appropriate court action, in its own name where necessary to enforce payment of the cigarette taxes or penalties owed any member jurisdiction and provide cigarette tax agents, and the necessary enforcement supplies and equipment needed to effectively enforce the cigarette tax ordinance promulgated by each such county, city or town. Any cigarette tax agents shall meet such requirements of training or experience as may be promulgated from time to time by the enforcement authority when performing their duties and shall be required to carry proper identification and may be armed for their own protection and for the enforcement of such ordinance. Any such agent shall have the power of arrest upon reasonable and probable cause that a violation of any tobacco tax ordinance has been committed. Any common revenue stamp issued by such agency or authority shall be of the same stamp technology that is used or required by the Commonwealth for the state cigarette tax stamp pursuant to Chapter 10 (§ 58.1-1000 et seq.).
Code 1950, § 58-757.29; 1974, c. 472; 1977, c. 595; 1984, c. 675; 2012, cc. 89, 25832017, c. 115.
The chapters of the acts of assembly referenced in the historical citation at the end of this section(s) may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.
3 2/24/2021 12:00:06
Code of Virginia Title 58.1. Taxation Subtitle III. Local Taxes Chapter 38. Miscellaneous Taxes Article 7. Cigarette Tax § 58.1-3830. (Effective until July 1, 2021) Local taxes not prohibited; use of dual die or stamp to evidence payment of both county, city, or town and state tax on cigarettes A. No provision of Chapter 10 (§ 58.1-1000 et seq.) of this title shall be construed to deprive counties, cities and towns of the right to levy taxes upon the sale or use of cigarettes, provided such county, city or town had such power prior to January 1, 1977. The governing body of any county, city or town which levies a cigarette tax and permits the use of meter impressions or stamps to evidence its payment may authorize an officer of the county, city or town or joint enforcement authority to enter into an arrangement with the Department of Taxation under which a tobacco wholesaler who so desires may use a dual die or stamp to evidence the payment of both the county, city, or town tax, and the state tax, and the Department is hereby authorized to enter into such an arrangement. The procedure under such an arrangement shall be such as may be agreed upon by and between the authorized county, city, town or joint enforcement authority officer and the Department. B. Any county cigarette tax imposed shall not apply within the limits of any town located in such county where such town now, or hereafter, imposes a town cigarette tax. However, if the governing body of any such town shall provide that a county cigarette tax, as well as the town cigarette tax, shall apply within the limits of such town, then such cigarette tax may be imposed by the county within such town. Code 1950, § 58-757.27; 1960, c. 392, § 27; 1962, c. 473; 1977, c. 595; 1984, c. 675. This section has more than one version with varying effective dates. Scroll down to see all versions. The chapters of the acts of assembly referenced in the historical citation at the end of this section(s) may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired. § 58.1-3830. (Effective July 1, 2021) Local cigarette taxes authorized; use of dual die or stamp to evidence payment A. Any county, city, or town is authorized to levy taxes upon the sale or use of cigarettes. The governing body of any county, city, or town that levies a cigarette tax and permits the use of meter impressions or stamps to evidence its payment may authorize an officer of the county, city, or town or joint enforcement authority to enter into an arrangement with the Department of Taxation under which a tobacco wholesaler who so desires may use a dual die or stamp to evidence the payment of both the county, city, or town tax, and the state tax, and the Department is hereby authorized to enter into such an arrangement. The procedure under such an arrangement shall be such as may be agreed upon by and between the authorized county, city, town or joint enforcement authority officer and the Department.
1 2/24/2021 12:00:00 AM
/vacode/58.1-1000/ Code of Virginia Title 58.1. Taxation
Subtitle III. Local Taxes
Chapter 38. Miscellaneous Taxes Article 7. Cigarette Tax
§ 58.1-3830. (Effective until July 1, 2021) Local taxes not prohibited; use of dual die or stamp to evidence payment of both county, city, or town and state tax on cigarettes
A. No provision of Chapter 10 (§ 58.1-1000 et seq.) of this title shall be construed to deprive counties, cities and towns of the right to levy taxes upon the sale or use of cigarettes, provided such county, city or town had such power prior to January 1, 1977. The governing body of any county, city or town which levies a cigarette tax and permits the use of meter impressions or stamps to evidence its payment may authorize an officer of the county, city or town or joint enforcement authority to enter into an arrangement with the Department of Taxation under which a tobacco wholesaler who so desires may use a dual die or stamp to evidence the payment of both the county, city, or town tax, and the state tax, and the Department is hereby authorized to enter into such an arrangement. The procedure under such an arrangement shall be such as may be agreed upon by and between the authorized county, city, town or joint enforcement authority officer and the Department.
B. Any county cigarette tax imposed shall not apply within the limits of any town located in such county where such town now, or hereafter, imposes a town cigarette tax. However, if the governing body of any such town shall provide that a county cigarette tax, as well as the town cigarette tax, shall apply within the limits of such town, then such cigarette tax may be imposed by the county within such town.
Code 1950, § 58-757.27; 1960, c. 392, § 27; 1962, c. 473; 1977, c. 595; 1984, c. 675.
This section has more than one version with varying effective dates. Scroll down to see all versions.
The chapters of the acts of assembly referenced in the historical citation at the end of this section(s) may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.
§ 58.1-3830. (Effective July 1, 2021) Local cigarette taxes authorized; use of dual die or stamp to evidence payment
A. Any county, city, or town is authorized to levy taxes upon the sale or use of cigarettes. The governing body of any county, city, or town that levies a cigarette tax and permits the use of meter impressions or stamps to evidence its payment may authorize an officer of the county, city, or town or joint enforcement authority to enter into an arrangement with the Department of Taxation under which a tobacco wholesaler who so desires may use a dual die or stamp to evidence the payment of both the county, city, or town tax, and the state tax, and the Department is hereby authorized to enter into such an arrangement. The procedure under such an arrangement shall be such as may be agreed upon by and between the authorized county, city, town or joint enforcement authority officer and the Department.
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B. Any county cigarette tax imposed shall not apply within the limits of any town located in such county where such town now, or hereafter, imposes a town cigarette tax. However, if the governing body of any such town shall provide that a county cigarette tax, as well as the town cigarette tax, shall apply within the limits of such town, then such cigarette tax may be imposed by the county within such town. C. The maximum tax rate imposed by a locality on cigarettes pursuant to the provisions of this section shall be as follows:
- If such locality is (i) a city or town that, on January 1, 2020, had in effect a rate not exceeding two cents ($0.02) per cigarette sold or (ii) a county, then the maximum rate shall be two cents ($0.02) per cigarette sold.
- If such locality is a city or town that, on January 1, 2020, had in effect a rate exceeding two cents ($0.02) per cigarette sold, then the maximum rate shall be the rate in effect on January 1,
Code 1950, § 58-757.27; 1960, c. 392, § 27; 1962, c. 473; 1977, c. 595; 1984, c. 675; 2020, cc. 1214 , 1263. This section has more than one version with varying effective dates. Scroll down to see all versions. The chapters of the acts of assembly referenced in the historical citation at the end of this section(s) may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.
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http://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1214 http://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1263 B, Any county cigarette tax imposed shall not apply within the limits of any town located in such county where such town now, or hereafter, imposes a town cigarette tax. However, if the governing body of any such town shall provide that a county cigarette tax, as well as the town cigarette tax, shall apply within the limits of such town, then such cigarette tax may be imposed by the county within such town.
C. The maximum tax rate imposed by a locality on cigarettes pursuant to the provisions of this section shall be as follows:
-
If such locality is (i) a city or town that, on January 1, 2020, had in effect a rate not exceeding two cents ($0.02) per cigarette sold or (ii) a county, then the maximum rate shall be two cents ($0.02) per cigarette sold.
-
If such locality is a city or town that, on January 1, 2020, had in effect a rate exceeding two cents ($0.02) per cigarette sold, then the maximum rate shall be the rate in effect on January 1,
Code 1950, § 58-757.27; 1960, c. 392, § 27; 1962, c. 473; 1977, c. 595; 1984, c. 675; 2020, cc. 1214 , 1263.
This section has more than one version with varying effective dates. Scroll down to see all versions.
The chapters of the acts of assembly referenced in the historical citation at the end of this section(s) may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.
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APA COMPARATIVE COST REPORT June 30, 2019
Exhibit B-2 No. Locality Tobacco Taxes Population
City of: 1 Alexandria 2,513,138$ 161,050 2 Bristol 512,787 16,877 3 Buena Vista - 6,351 4 Charlottesville 671,562 49,281 5 Chesapeake 5,055,551 243,868 6 Colonial Heights 134,345 17,562 7 Covington 94,495 5,716 8 Danville - 40,590 9 Emporia - 5,531
10 Fairfax 600,325 24,552 11 Falls Church 258,567 14,460 12 Franklin 300,133 8,308 13 Fredericksburg 474,305 28,387 14 Galax - 6,587 15 Hampton 4,336,342 135,629 16 Harrisonburg 171,011 54,606 17 Hopewell - 0 18 Lexington - 7,362 19 Lynchburg 846,122 81,339 20 Manassas 605,900 42,053 21 Manassas Park 179,952 16,528 22 Martinsville 164,769 13,119 23 Newport News 4,761,217 181,119 24 Norfolk 7,889,222 245,741 25 Norton - 0 26 Petersburg - 0 27 Poquoson 82,704 12,320 28 Portsmouth 4,244,258 94,953 29 Radford 52,886 18,041 30 Richmond - 226,919 31 Roanoke 2,108,127 100,033 32 Salem 715,522 25,704 33 Staunton 423,200 24,972 34 Suffolk 1,955,756 92,714 35 Virginia Beach 10,568,721 453,410 36 Waynesboro 491,704 22,285 37 Williamsburg 140,211 15,183 38 Winchester 582,738 28,282
38 Total 50,935,570$ 2,521,432
No. Locality Tobacco Taxes County of:
1 Accomack -$ 32,769 2 Albemarle - 108,639 3 Alleghany - 15,144 4 Amelia - 12,995 5 Amherst - 31,867 6 Appomattox - 15,679 7 Arlington 2,115,530 241,031 8 Augusta - 75,254 9 Bath - 4,429
10 Bedford - 78,329 11 Bland - 6,432 12 Botetourt - 33,288 13 Brunswick - 16,481 14 Buchanan 62,677 21,576 15 Buckingham - 16,952 16 Campbell - 55,425 17 Caroline - 30,292 18 Carroll - 29,141 19 Charles City - 7,017 20 Charlotte - 12,021 21 Chesterfield - 346,357 22 Clarke - 14,400 23 Craig - 5,094
‘APA COMPARATIVE COST REPORT
Population 161,050
6.351 49,281 243,868 17:562 5.716 40.590 5.531 24552 14/460 8,308 28,387 6.587 135.629 54,606 0 7.362 81,339 421053 16.528 43.119 181,119 245.741 0 0 12,320 94,953 18,041 226.919 100.033 25,704 24972 92.714 453.410 22.285 15.183
_—___28.282.
-S_50.935,570 _2,521.432
June 30, 2019 Exhibit 8-2 Ne Locality Tobacco Taxes cit of
1 Alexandria $2,513,138
2
3° Buena Vista .
4 Charlottesville 671,562
5 Chesapeake 5,055/551
6 Colonial Heights 134,345,
7 Covington: 94.495
8 Danville .
9 Emporia : 10 Fairfax 600,325 11 Falls Church 258,567 12 Franklin 300.133 13 Fredericksbura 474,305 14 Galax - 15 Hampton 4,336,342 16 Harrisonburg 171.011 17 Hopewell : 18 Lexington : 19 Lynchburg 846,122 20° Manassas 605.900 21 Manassas Park 179.952 22. Martinsville 164,769 23 Newport News 4.761.217 24 Norfolk 7.889.222 25 Norton : 26 Petersburg : 27 Poquoson 82.704 28 Portsmouth 4.244.258 29 Radford 52:86 30 Richmond : 31 Roanoke 2,108,127 32 Salem 715,522 33 Staunton 423,200 34 Suffolk 1.955.756 35 Virginia Beach 10,568,721 36 Waynesboro 491,704 37 Williamsburg 140.211 38_ Winchester 582,738 38 Total
No. Locality Tobacco Taxes ‘county of
1” Accomack $ .
2 Albemarle :
3 Alleghany :
4 Amelia :
5 Amherst :
6 — Appomattox -
7 Arlington 2,115,530
8 Augusta :
9 Bath : 10 Bedford : i Bland : 12 Botetourt : 13 Brunswick : 14 Buchanan 62.677 15 Buckingham : 16 Campbell : 17 Caroline : 18 Carroll : 19 Charles city : 20 Charlotte : 21 Chesterfield : 22 Clarke : 23 Craig :
32,769 108,639 15,144 12.995 31,867 15,679 241,031 75,254 4.429 78,329 6.432 33,288 16.481 21,576 16.952 55,425 30,292 29,141 7.017 12,021 346,357 14,400 5,094
24 Culpeper - 51,282 25 Cumberland - 9,820 26 Dickenson - 14,516 27 Dinwiddie - 28,502 28 Essex - 10,780 29 Fairfax 5,787,235 1,145,978 30 Fauquier - 70,150 31 Floyd - 15,643 32 Fluvanna - 26,692 33 Franklin - 56,127 34 Frederick - 87,776 35 Giles - 16,931 36 Gloucester - 37,194 37 Goochland - 23,176 38 Grayson - 15,330 39 Greene - 19,959 40 Greensville - 11,473 41 Halifax - 34,647 42 Hanover - 107,357 43 Henrico - 326,993 44 Henry - 51,438 45 Highland - 2,265 46 Isle of Wight - 37,492 47 James City - 75,837 48 King & Queen - 6,940 49 King George - 25,863 50 King William - 16,916
30
No. Locality Tobacco Taxes County of:
51 Lancaster -$ 10,979 52 Lee - 0 53 Loudoun - 406,355 54 Louisa - 36,021 55 Lunenburg - 12,236 56 Madison - 13,278 57 Mathews - 8,704 58 Mecklenburg - 30,985 59 Middlesex - 10,889 60 Montgomery - 99,433 61 Nelson - 14,836 62 New Kent - 22,462 63 Northampton - 11,862 64 Northumberland - 12,075 65 Nottoway - 15,659 66 Orange - 35,582 67 Page - 23,833 68 Patrick - 17,790 69 Pittsylvania - 61,640 70 Powhatan - 29,524 71 Prince Edward - 0 72 Prince George - 37,212 73 Prince William - 463,046 74 Pulaski - 34,183 75 Rappahannock - 7,219 76 Richmond - 9,145 77 Roanoke - 93,672 78 Rockbridge - 22,539 79 Rockingham - 81,422 80 Russell - 27,057 81 Scott - 22,121
24 Culpeper - 91,282 25 Cumberland . 9/820, 26 Dickenson . 14516 27 Dinwiddie . 28,502 28 Essex - 40,780 29° Fairfax 5,787,235 1,145,978 30 Fauquier 70,150 31 Floyd : 15,643, 32 Fluvanna . 26,692 33. Franklin . 56,127 34 Frederick . 87,76 35 Giles . 16,931, 36 Gloucester . 37,194 37 Goochland . 23,176 38 Grayson . 45,330 39 Greene . 19,959 40 Greensville . 11,473, 41 Halifax . 34,647 42 Hanover . 107,357 43 Henrico . 326,993 44 Henry . 51,438 45 Highland . 2,265 46 Isle of Wight . 37,492 47 James city : 75,837 48 King & Queen . 6.940 49 King George : 25,863 50 King William . 16.916
No. Locality Tobacco Taxes
county of 51 Lancaster $ : 10,979 52 Lee : 0 53 Loudoun : 406,355 54 Louisa : 36,021 55 Lunenburg : 12,236 56 Madison : 13,278 57 Mathews : 8,704 58 Mecklenburg. : 30,985 59 Middlesex : 10,889 60 Montgomery : 99,433 61 Nelson : 14;836 62 New Kent : 22,462 63 Northampton : 11/862 64 Northumberland : 12,075, 65 Nottoway : 15,659 66 Orange : 35,582 67 Page : 23,833 68 Patrick : 47,790 69 Pittsylvania : 61,640 70 Powhatan : 29,524 71 Prince Edward : 0 72 Prince George : 37,212 73 Prince William : 463,046 74 Pulaski : 34,183 75 Rappahannock : 7.219 76 Richmond : 9,145 77 Roanoke : 93,672 78 Rockbridge : 22,539 79 Rockingham : 81,422 80 Russell : 27,057 81 Scott : 22121
82 Shenandoah - 42,940 83 Smyth - 30,475 84 Southampton - 17,851 85 Spotsylvania - 133,441 86 Stafford - 149,110 87 Surry - 6,584 88 Sussex - 11,473 89 Tazewell - 41,973 90 Warren - 39,630 91 Washington - 53,992 92 Westmoreland - 17,911 93 Wise - 0 94 Wythe - 28,650 95 York - 68,725
95 Total 7,965,442$ 5,852,203
32
No. Locality Tobacco Taxes Town of:
1 Abingdon 256,458$ 8,191 2 Ashland 249,339 7,225 3 Bedford 244,260 6,172 4 Berryville 40,761 4,185 5 Big Stone Gap 50,888 5,614 6 Blacksburg 173,368 42,620 7 Blackstone 87,303 3,621 8 Bluefield 290,745 5,444 9 Bridgewater 17,599 5,644
10 Broadway 54,003 3,691 11 Christiansburg 465,833 21,041 12 Clifton Forge 12,997 3,884 13 Colonial Beach 83,171 3,542 14 Culpeper 247,326 16,379 15 Dumfries 191,957 4,961 16 Farmville 196,232 8,216 17 Front Royal - 14,440 18 Herndon 254,081 23,292 19 Leesburg 726,665 42,616 20 Luray 134,664 4,895 21 Marion 96,140 5,968 22 Orange 77,520 4,721 23 Pulaski 148,785 9,086 24 Purcellville 209,943 7,727 25 Richlands 90,308 5,823 26 Rocky Mount 87,225 4,799 27 Smithfield 161,289 8,089 28 South Boston 92,001 8,142 29 South Hill - 4,650 30 Strasburg 121,020 6,398 31 Tazewell 107,677 4,627 32 Vienna 206,304 15,687 33 Vinton 153,104 8,098 34 Warrenton 184,943 9,611 35 West Point - 3,306 36 Wise 47,940 3,286 37 Woodstock 188,589 5,097 38 Wytheville 189,853 8,211
82 Shenandoah . 83 Smyth i 84 Southampton i 85 Spotsyivania . 86 Stafford i 87 Surry i BB Sussex . 89 Tazewell i 90 Warren i 91 Washington : 92 Westmoreland i 93 Wise i 94 Wythe . 95 York - 95 Total $7,965,442
32 No. Locality Tobacco Taxes Town of
1 Abingdon S 256,458 2 Ashland: 249,339 3 Bedford 244.260, 4 Berrwille 40,761 5 BigStone Gap 50,888 6 Blacksburg 173,368 7 Blackstone 87,303 8 Bluefield 290,745 9 Bridgewater 17.599 10 Broadway 54,003 11 Christiansburg 465.833 12 Clifton Fore 12997 13 Colonial Beach 83.171 14 Culpeper 247326 15 Dumfries 191,957 16 Farmville 196,232
17 Front Royal - 18 Herndon 254,081 19 Leesburg 726.665 20° Luray 134,664 21 Marion 96,140 22 Orange 77520 23 Pulaski 148,785 24 Purcellville 209,943 25 Richlands 90,308 26 Rocky Mount 87.225 27 Smithfield 161,289 28 South Boston 92,001
29 South ill - 30 Strasbure 121,020 31 ‘Tazewell 107.677 32 Vienna 206,304 33. Vinton 153,104 34 Warrenton 184/943,
35 West Point, - 36 Wise 47.940 37 Woodstock 188,589 38 Wytheville 189,853
42,940 30,475 17,851,
133,441
149,110
6584 11,473, 41,973 39,630 53,992 17914
0
28,650 68,725
5,852,203
a191 7.225 6.172 4.185 5,614 42,620 3,621 5.444 5,644 3,691 21,041 3.884 3,542 16,379 4,961 8216 14,440 23,292 421616 4.895, 5,968 am. 9,086 727 5,823 4.799 8,089 8142 4,650 6.398 4.627 15,687 8,098 9,611 3,306 3.286 5,097 B211
38 Total 5,940,291$ 358,999
171 Grand Total 64,841,303$ 8,732,634
Note: For detailed explanation of information in this section, refer to the Notes starting on page 167 of this repo
34
34
a7
Total $5,940,201 __358,999 Grand Total $64,841,303 8,732,634
Note: For detailed explanation of information in this section, refer to the Notes starting on page 167 of this rep:
FY2021 FY2020 FY2019 FY2018 FY2017 CITIES/TOWNS RATE RATE RATE RATE RATE
cents per pack cents per pack cents per pack cents per pack cents per pack Abingdon 35 35 35 25 25 Alexandria 126 126 126 126 126 Altavista 27 27 27 27 27 Appalachia 25 25 25 20 20 Appomattax 27 27 27 27 27 Ashland 22 22 22 22 22 Bedford City 30 30 30 30 30 Berryville 10 10 10 10 10 Big Stone Gap 10 10 10 10 10 Blacksburg 30 30 30 30 30 Blackstone 22 22 22 22 22 Bluefield 12.5 12.5 12.5 10 10 Bridgewater 10 10 10 10 10 Bristol 17 17 17 17 17 Broadway 20 20 20 20 20 Charlottesville 55 55 55 55 55 Chesapeake 65 65 65 50 50 Chilhowie 8 8 8 8 8 Christiansburg 40 40 40 40 40 Claremont 4.5 4.5 4.5 4.5 4.5 Clincho 5 5 5 5 5 Clifton 30 30 30 30 30 Clifton Forge 4 4 4 4 4 Clintwood 10 10 10 10 10 Coeburn 15 15 15 15 15 Colonial Beach 30 30 30 30 30 Colonial Heights 35 35 Covington 30 30 30 30 30 Crewe* 45 22/27 22 22 22 Culpeper 15 15 15 10 10 Damascus 15 15 15 15 15 Dublin 25 Dumfries 75 75 75 55 55 Eastville 30 30 30 30 30 Edinburg 25 25 25 Elkton 20 20 20 20 20 Fairfax City 85 85 85 85 85 Falls Church 85 85 85 85 85 Farmville 27 27 27 27 27 Franklin City 70 70 60 60 60 Fredericksburg 31 31 31 31 31
Local Cigarette Taxing Jurisdictions VIRGINIA
Local Cigarette Taxing Jurisdictions
VIRGINIA
FY2021 FY2020 FY2019 FY2018 FY2017 [Abingdon 35 35 35 25 25 Alexandria 126 126 126 126 126 Altavista 27 27 27 27 27 Appalachia 25 25 25 20 20 lAppomattax 27 27 27 27 27 lAshiand 22 22 22 22 22 Bedford city 30 30 30 30 30 Berryville 10 10 10 10 10 Big Stone Gap 10 10 10 10 70 Blacksburg 30 30 30 30 30 Blackstone 22 22 22 22 22 Bluefield 12.5 12.5 12.5 10 10 Bridgewater 10 10 10 10 10 Bristol 7 7 7 7 7 Broadway 20 20 20 20 20 Charlottesville 55 55 55 55 55 [Chesapeake 65 65 65 50 50 [chithowie 8 8 8 8 8 (Christiansburg 40 40 40 40 40 [claremont 45 45 45 45 45 iclincho 5 5 5 5 5 clifton 30 30 30 30 30 Clifton Forge. 4 4 4 4 4 Clintwood 10 10 10 10 10 [Coeburn 15 15 15 15 15 [Colonial Beach 30 30 30 30 30 [Colonial Heights 35 35. [Covington 30 30 30 30 30 ICrewe* 45 22127 22 22 22 [Culpeper 5 15 15 10 10 Damascus 15 15 15 15 15 Dublin 25 Dumfries 75 75 75 55 55 Eastville 30 30 30 30 30 Edinburg 25 25 25 Elkton 20 20 20 20 20 Fairfax City, 85 85 85 85 85 Falls Church 85 85 85 85 85 Farmville 27 27 27 27 27 Franklin City 70 70 60 60 60 Fredericksburg 31 31 34 31 31
Glade Spring 10 10 Glen Lyn 20 20 20 10 10 Gordonsville 20 20 20 15 15 Grottoes 20 20 20 20 20 Grundy 5 5 5 5 5 Hampton 85 85 85 85 85 Harrisonburg 30 30 30 30 30 Haymarket 75 75 75 75 75 Haysi 20 20 20 20 20 Herndon 75 75 75 75 75 Hillsboro 5 5 5 5 5 Honaker 10 10 10 10 10 Hurt 17 17 17 Iron Gate 20 20 20 20 20 Keysville** 15 15 Kilmarnock 30 30 30 30 30 Leesburg 75 75 75 75 75 Lovettsville 40 40 40 40 40 Luray 15 15 15 15 15 Lynchburg 35 35 35 35 35 Manassas 65 65 65 65 65 Manassas Park 75 75 75 75 65 Marion 12 12 12 12 12 Martinsville 30 30 30 30 20 Middleburg 55 55 55 55 55 Middletown 30 25 25 25 25 Mt. Jackson 45 45 45 45 45 Narrows 10 10 10 10 New Market 25 25 20 20 20 Newport News 85 85 85 85 85 Norfolk 95 95 95 85 85 Norton 25 25 25 25 25 Orange 12 12 12 12 12 Pearisburg 10 10 10 10 10 Pembroke 10 10 10 10 Petersburg 90 90 90 90 90 Poquoson City 20 20 20 20 20 Portsmouth 95 95 90 90 90 Pound 10 10 10 10 10 Pulaski 25 25 25 25 25 Purcellville 75 75 75 65 65 Radford 15 15 15 15 15 Rich Creek 10 10 10 10 10 Richlands 10 10 10 Richmond 50 50 Roanoke 54 54 54 54 54
[Glade Spring 70 70 Glen Lyn 20 20 20 10 10 Gordonsville 20 20 20 15 15 IGrottoes 20 20 20 20 20 [Grundy 5 5 5 5 5 Hampton 85 85 85 85 85 Harrisonburg 30 30 30 30 30 Haymarket 75 75 75 75 75 Haysi 20 20 20 20 20 Herndon 75 75 75 75 75 Hillsboro 5 5 5 5 5 Honaker 10 10 10 10 10 Hurt 7 7 7
Iron Gate 20 20 20 20 20 Keysville™* 15 15
Kilmarnock 30 30 30 30 30 Leesburg 75 75 75 75 75 Lovettsville 40 40 40 40 40 Luray 5 15 15 15 15 Lynchburg 35 35 35 35 35 Manassas 65 65 65 65 65 Manassas Park 75 75 75 75 65 Marion 12 12 12 12 12 Martinsville 30 30 30 30 20 Middleburg 55 55 55 55 55 Middletown 30 25 25 25 25 Mt. Jackson 45 45 45 45 45 Narrows 10 10 10 10
New Market 25 25 20 20 20 Newport News 85 85 85 85 85 Norfolk 95 95 95 85 85 Norton 25 25 25 25 25 lorange 12 12 12 12 12 Pearisburg 10 10 10 10 70 Pembroke 10 10 10 10
Petersburg 90 90 90 90 90 Poquoson City 20 20 20 20 20 Portsmouth 95 95 90 90 90 Pound 10 10 10 10 10 Pulaski 25 25 25 25 25 Purcellville 75 75 75 65 65 Radford 15 15 15 15 15 Rich Creek 10 10 10 10 70 Richlands 10 10 10
Richmond 50 50
Roanoke 54 54 54 54 54
Rocky Mount 10 10 10 10 10 Roundhill 30 30 30 30 20 Salem 45 45 45 45 45 Saltville 10 10 10 10 10 Scottsville 35 35 35 35 35 Shenandoah 20 20 20 20 20 Smithfield 50 50 35 35 35 South Boston 10 10 10 South Hill 15 15 15 15 St. Paul 5 5 5 5 5 Stanley 20 20 20 20 20 Staunton 30 30 30 30 30 Stephens City 45 25 25 25 25 Strasburg 25 25 25 25 25 Stuart 10 10 10 10 10 Suffolk 75 75 75 75 75 Tappahannock 15 15 15 15 15 Tazewell 40 30 15 15 10 Timberville 25 25 25 20 20 Toms Brook 25 25 25 25 Vienna 85 85 85 85 75 Vinton 25 25 25 25 25 VA Beach 75 75 75 75 75 Wakefield 20 20 20 Warrenton 20 20 20 15 15 Warsaw 25 25 25 25 25 Waynesboro 30 30 30 20 20 White Stone 20 20 15 15 15 Williamsburg 40 30 30 30 30 Winchester 50 50 35 35 35 Windsor 30 30 30 25 25 Wise 10 10 10 10 10 Woodstock 25 25 25 25 25 Wytheville 15 15 15 15 15 COUNTIES Arlington 30 30 30 30 30 Fairfax 30 30 30 30 30
- Crewe tax rose from $0.22 per pack to $0.27 per pack on 2/1/20. **Keysville tax took effect on 2/1/20.
Rocky Mount 40 40 10 10 10 Roundhill 30 30 30 30 20 Salem. 45 45 45 45 45 Saltville 40 40 10 10 40 Scottsville 35 35 35 35 35 Shenandoah’ 20 20 20 20 20 Smithfield 50 50 35 35 35 South Boston 10 10 10
[South Hill 15 15 15 15
st. Paul 5 5 5 5 5 Stanley 20 20 20 20 20 Staunton 30 30 30 30 30 [Stephens City 45 25 25 25 25 Strasburg 25 25 25 25 25 Stuart 10 10 10 10 10 Suffolk 75 75 75 75 75 [Tappahannock 15 15 15 15 15 [Tazewell 40 30 15 15 40 [Timberville 25 25 25 20 20 Toms Brook 25 25 25 25
Vienna 85 85 85 85 75 Vinton 25 25 25 25 25 IVA Beach 75 75 75 75 75 Wakefield 20 20 20
Warrenton 20 20 20 15 15 Warsaw 25 25 25 25 25 Waynesboro 30 30 30 20 20 White Stone 20 20 15 15 45 Williamsburg 40 30 30 30. 30 Winchester 50 50 35 35 35 Windsor 30 30 30 25 25 Wise 10 10 10 10 10 Woodstock 25 25 25 25 25 Wytheville 15 18 15 18 45 a |
Arlington 30 30 30 30 30 Fairfax 30 30 30 30 30
- Crewe tax rose from $0.22 per pack to $0.27 per pack on 2/1/20. **Keysville tax took effect on 2/1/20.
Population Average Pack Per Resident
Tax Per Pack of 20
Estimated Revenue
York County 68,725
Average Pack Per Resident 32.14 0.40$ 880,000$
November 1, 2021 Implementation (8 Months) 8 590,000$
months
Locality Population
FY2019 Revenues FY2019 Tax Per
Pack of 20 Calculated Packs Sold
Calculated Packs Per Resident
Counties:
Fairfax 1,145,978 5,787,235$ 0.30$ ######### 16.83
Arlington 241,031 2,115,530 0.30$ 7,051,767 29.26
Cities:
Virginia Beach 453,410 10,568,721 0.75$ ######### 31.08
Norfolk 245,741 7,889,222 0.95$ 8,304,444 33.79
Newport News 181,119 4,761,217 0.85$ 5,601,432 30.93
Hampton 135,629 4,336,342 0.85$ 5,101,579 37.61
Chesapeake 243,868 5,055,551 0.65$ 7,777,771 31.89
Portsmouth 94,953 4,244,258 0.90$ 4,715,842 49.67
Suffolk 92,714 1,955,756 0.75$ 2,607,675 28.13
Williamsburg 15,183 140,211 0.30$ 467,370 30.78
Poquoson 12,320 82,704 0.20$ 413,520 33.56
Average Packs Per Resident 32.14
Note: Revenues and populations are based on APA’s Comparative Cost Report, Exhibit Report B-2
Cigarette Tax Calculation of Potential Revenues
Cigarette Tax Calculation of Potential Revenues
Average Pack | Tax Per | Estimated Population | Per Resident _|Pack of 20] Revenue York County 68,725 Average Pack Per Resident 32.14 $ 0.40 $ 880,000 November 1, 2021 Implement: 8S 590,000 months Calculated Population Tax Per | Calculated | Packs Per Locality FY2019 _|Revenues FY2019] Pack of 20| Packs Sold | _ Resident (Counties: Fairfax 1,145,978 $5,787,235 $0.30 iii 16.83 Arlington 241,031 2,115,530 $0.30 7,051,767 29.26 (cities Virginia Beach 453,410 10,568,721 $ 0.75 siitiit 31.08 Norfolk 245,741 7,889,222 $ 0.95 8,304,444 33.79 Newport News 181,119 4761217 $ 0.85 5,601,432 3093 Hampton 135,629 4336342 S$ 0.85 5,101,579 3761 Chesapeake 243,868 5,055,551 $0.65 7,777,771 31.89 Portsmouth 94,953 4244258 $0.90 4,715,842 49.67 Suffolk 92.714 1,955,756 $0.75 2,607,675 28.13 Williamsburg 15,183, 140,211 $ 030 467,370 30.78 Poquoson 12,320 82,704 $ 0.20 413,520 33.56 “Average Packs Per Resident 32.14
Note: Revenues and populations are based on APA’s Comparative Cost Report, Exhibit Report B-2
Code of Virginia Title 58.1. Taxation Subtitle III. Local Taxes Chapter 38. Miscellaneous Taxes Article 7.1. Food and Beverage Tax § 58.1-3833. County food and beverage tax A. 1. Any county is hereby authorized to levy a tax on food and beverages sold, for human consumption, by a restaurant, as such term is defined in § 35.1-1, not to exceed six percent of the amount charged for such food and beverages. Such tax shall not be levied on food and beverages sold through vending machines or by (i) boardinghouses that do not accommodate transients; (ii) cafeterias operated by industrial plants for employees only; (iii) restaurants to their employees as part of their compensation when no charge is made to the employee; (iv) volunteer fire departments and volunteer emergency medical services agencies; nonprofit churches or other religious bodies; or educational, charitable, fraternal, or benevolent organizations the first three times per calendar year and, beginning with the fourth time, on the first $100,000 of gross receipts per calendar year from sales of food and beverages (excluding gross receipts from the first three times), as a fundraising activity, the gross proceeds of which are to be used by such church, religious body or organization exclusively for nonprofit educational, charitable, benevolent, or religious purposes; (v) churches that serve meals for their members as a regular part of their religious observances; (vi) public or private elementary or secondary schools or institutions of higher education to their students or employees; (vii) hospitals, medical clinics, convalescent homes, nursing homes, or other extended care facilities to patients or residents thereof; (viii) day care centers; (ix) homes for the aged, infirm, handicapped, battered women, narcotic addicts, or alcoholics; (x) age-restricted apartment complexes or residences with restaurants, not open to the public, where meals are served and fees are charged for such food and beverages and are included in rental fees; or (xi) sellers at local farmers markets and roadside stands, when such sellers’ annual income from such sales does not exceed $2,500. For the exemption described in clause (xi), the sellers’ annual income shall include income from sales at all local farmers markets and roadside stands, not just those sales occurring in the locality imposing the tax. Also, the tax shall not be levied on food and beverages: (a) when used or consumed and paid for by the Commonwealth, any political subdivision of the Commonwealth, or the United States; (b) provided by a public or private nonprofit charitable organization or establishment to elderly, infirm, blind, handicapped, or needy persons in their homes, or at central locations; or © provided by private establishments that contract with the appropriate agency of the Commonwealth to offer food, food products, or beverages for immediate consumption at concession prices to elderly, infirm, blind, handicapped, or needy persons in their homes or at central locations. 2. Grocery stores and convenience stores selling prepared foods ready for human consumption at a delicatessen counter shall be subject to the tax, for that portion of the grocery store or convenience store selling such items. The term “beverage” as set forth herein shall mean alcoholic beverages as defined in § 4.1-100 and nonalcoholic beverages served as part of a meal. The tax shall be in addition to the sales tax currently imposed by the county pursuant to the authority of Chapter 6 (§ 58.1-600 et seq.). Collection of such tax shall be in a manner prescribed by the governing body.
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/vacode/35.1-1/ /vacode/4.1-100/ /vacode/58.1-600/ Code of Virginia
Title 58.1. Taxation
Subtitle III. Local Taxes
Chapter 38. Miscellaneous Taxes Article 7.1. Food and Beverage Tax
§ 58.1-3833. County food and beverage tax
A. 1. Any county is hereby authorized to levy a tax on food and beverages sold, for human consumption, by a restaurant, as such term is defined in § 35.1-1, not to exceed six percent of the amount charged for such food and beverages. Such tax shall not be levied on food and beverages sold through vending machines or by (i) boardinghouses that do not accommodate transients; (ii) cafeterias operated by industrial plants for employees only; (iii) restaurants to their employees as part of their compensation when no charge is made to the employee; (iv) volunteer fire departments and volunteer emergency medical services agencies; nonprofit churches or other religious bodies; or educational, charitable, fraternal, or benevolent organizations the first three times per calendar year and, beginning with the fourth time, on the first $100,000 of gross receipts per calendar year from sales of food and beverages (excluding gross receipts from the first three times), as a fundraising activity, the gross proceeds of which are to be used by such church, religious body or organization exclusively for nonprofit educational, charitable, benevolent, or religious purposes; (v) churches that serve meals for their members as a regular part of their religious observances; (vi) public or private elementary or secondary schools or institutions of higher education to their students or employees; (vii) hospitals, medical clinics, convalescent homes, nursing homes, or other extended care facilities to patients or residents thereof; (viii) day care centers; (ix) homes for the aged, infirm, handicapped, battered women, narcotic addicts, or alcoholics; (x) age-restricted apartment complexes or residences with restaurants, not open to the public, where meals are served and fees are charged for such food and beverages and are included in rental fees; or (xi) sellers at local farmers markets and roadside stands, when such sellers’ annual income from such sales does not exceed $2,500. For the exemption described in clause (xi), the sellers’ annual income shall include income from sales at all local farmers markets and roadside stands, not just those sales occurring in the locality imposing the tax. Also, the tax shall not be levied on food and beverages: (a) when used or consumed and paid for by the Commonwealth, any political subdivision of the Commonwealth, or the United States; (b) provided by a public or private nonprofit charitable organization or establishment to elderly, infirm, blind, handicapped, or needy persons in their homes, or at central locations; or © provided by private establishments that contract with the appropriate agency of the Commonwealth to offer food, food products, or beverages for immediate consumption at concession prices to elderly, infirm, blind, handicapped, or needy persons in their homes or at central locations.
- Grocery stores and convenience stores selling prepared foods ready for human consumption at a delicatessen counter shall be subject to the tax, for that portion of the grocery store or convenience store selling such items.
The term “beverage” as set forth herein shall mean alcoholic beverages as defined in § 4.1-100 and nonalcoholic beverages served as part of a meal. The tax shall be in addition to the sales tax currently imposed by the county pursuant to the authority of Chapter 6 (§ 58. 1-600 et seq.). Collection of such tax shall be in a manner prescribed by the governing body.
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B. Nothing herein contained shall affect any authority heretofore granted to any county, city, or town to levy a meals tax. The county tax limitations imposed pursuant to § 58.1-3711 shall apply to any tax levied under this section, mutatis mutandis. All food and beverage tax collections and all meals tax collections shall be deemed to be held in trust for the county, city, or town imposing the applicable tax. The wrongful and fraudulent use of such collections other than remittance of the same as provided by law shall constitute embezzlement pursuant to § 18.2-111. C. Notwithstanding any other provision of this section, no locality shall levy any tax under this section upon (i) that portion of the amount paid by the purchaser as a discretionary gratuity in addition to the sales price; (ii) that portion of the amount paid by the purchaser as a mandatory gratuity or service charge added by the restaurant in addition to the sales price, but only to the extent that such mandatory gratuity or service charge does not exceed 20 percent of the sales price; or (iii) alcoholic beverages sold in factory sealed containers and purchased for off-premises consumption or food purchased for human consumption as “food” is defined in the Food Stamp Act of 1977, 7 U.S.C. § 2012, as amended, and federal regulations adopted pursuant to that act, except for the following items: sandwiches, salad bar items sold from a salad bar, prepackaged single-serving salads consisting primarily of an assortment of vegetables, and nonfactory sealed beverages. 1988, c. 847; 1989, c. 391; 1990, cc. 846, 862; 1992, c. 263; 1993, c. 866; 1999, c. 366;2000, c. 626; 2001, c. 619;2003, c. 792;2004, c. 610;2004, Sp. Sess. I, c. 3;2005, c. 915;2006, cc. 568, 602;2009, c. 415;2014, c. 673;2015, cc. 502, 503;2017, c. 833;2018, cc. 450, 730;2020, cc. 241, 1214, 1263. The chapters of the acts of assembly referenced in the historical citation at the end of this section(s) may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.
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/vacode/58.1-3711/ /vacode/18.2-111/ http://lis.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0366 http://lis.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0366 http://lis.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0626 http://lis.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0626 http://lis.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0619 http://lis.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0619 http://lis.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0792 http://lis.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0792 http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0610 http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0610 http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0003 http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0003 http://lis.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0915 http://lis.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0915 http://lis.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0568 http://lis.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0602 http://lis.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0602 http://lis.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0415 http://lis.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0415 http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0673 http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0673 http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0502 http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0503 http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0503 http://lis.virginia.gov/cgi-bin/legp604.exe?171+ful+CHAP0833 http://lis.virginia.gov/cgi-bin/legp604.exe?171+ful+CHAP0833 http://lis.virginia.gov/cgi-bin/legp604.exe?181+ful+CHAP0450 http://lis.virginia.gov/cgi-bin/legp604.exe?181+ful+CHAP0730 http://lis.virginia.gov/cgi-bin/legp604.exe?181+ful+CHAP0730 http://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0241 http://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1214 http://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1263 B. Nothing herein contained shalll affect any authority heretofore granted to any county, city, or town to levy a meals tax. The county tax limitations imposed pursuant to § 58.1-3711 shall apply to any tax levied under this section, mutatis mutandis. All food and beverage tax collections and all meals tax collections shall be deemed to be held in trust for the county, city, or town imposing the applicable tax. The wrongful and fraudulent use of such collections other than remittance of the same as provided by law shall constitute embezzlement pursuant to § 18.2-111.
C. Notwithstanding any other provision of this section, no locality shall levy any tax under this section upon (i) that portion of the amount paid by the purchaser as a discretionary gratuity in addition to the sales price; (ii) that portion of the amount paid by the purchaser as a mandatory gratuity or service charge added by the restaurant in addition to the sales price, but only to the extent that such mandatory gratuity or service charge does not exceed 20 percent of the sales price; or (iii) alcoholic beverages sold in factory sealed containers and purchased for off-premises consumption or food purchased for human consumption as “food” is defined in the Food Stamp Act of 1977, 7 U.S.C. § 2012, as amended, and federal regulations adopted pursuant to that act, except for the following items: sandwiches, salad bar items sold from a salad bar, prepackaged single-serving salads consisting primarily of an assortment of vegetables, and nonfactory sealed beverages.
1988, c. 847; 1989, c. 391; 1990, cc. 846, 862; 1992, c. 263; 1993, c. 866; 1999, c. 56632000, c. 626; 2001, c. 619;2003, c. 792;2004, c. 610;2004, Sp. Sess. I, c. 3;2005, c. 91552006, cc. 568, 60252009, c. 41532014, c. 67332015, ec. 502, 50332017, c. 853;2018, cc. 450, 75032020, ec. 241, 1214, 1265.
The chapters of the acts of assembly referenced in the historical citation at the end of this section(s) may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.
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Belfast Water Project.pdf
Russell County Board of Supervisors
Presentations.pdf
Meeting: 3/1/21 6:00 PM
Staff Recommendation:
Suggested Motion:
Authorization - Minutes BOS.pdf
SUGGESTED MOTION(s):
Authorization - Expenditures.pdf
SUGGESTED MOTION(s):
Presentations - Attorney.pdf
Meeting: 3/1/21 6:00 PM
Staff Recommendation:
Suggested Motion:
Ordinance--continuity of government--diaster--coronavirus--Russell County.pdf
Emergency Ordinance 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 Dire...
An Emergency Ordinance Allowing for the Continuity of Government Operations During the Pandemic
Sec. 2. Public Meetings and Public Hearings
Sec. 3. Public Buildings, Facilities, Real Property and Events
Sec. 4. Additional powers of director of emergency management
Sec. 5. Suspension of Deadlines, Time Frames, and Procedures
Sec. 6 Adoption by Incorporated Towns within the Boundaries of Russell County
Sec. 7 Validity and Duration of Ordinance and Resumption of Normal Governmental Authority
2. This ordinance shall be effective upon adoption.
APPROVED
ATTEST:
APPROVED AS TO FORM:
Reports1.pdf
Meeting: 3/1/21 6:00 PM
STAFF RECOMMENDATION(s):
SUGGESTED MOTION(s):
ATTACHMENTS:
York County - cigarette tax estimates.pdf
APA Rev & Pop Info
Cig Tax Rates by Jurisdiction
FY22 budget