2021-04-05 17 00-Russell BOS-Regular Meeting-Packet

2021-04-05 17 00-Russell BOS-Regular Meeting-Packet

Document Date: April 5, 2021 Document: 2021-04-05_17_00-Russell_BOS-Regular_Meeting-Packet.pdf

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Agenda Board of Supervisors April 5, 2021

Russell County Page 1

RUSSELL COUNTY

BOARD OF SUPERVISOR’S MEETING

AGENDA – APRIL 5, 2021

BOS Board Room Regular Meeting 5:00 PM

Russell County Governmental Center

Lebanon, Virginia 24266

The Russell County Board of Supervisors Meetings will be held pursuant to the Russell County Emergency Ordinance of April 6, 2020 and amended on September 8, 2020 and March 8, 2021 to allow for the Continuity of Government Operations During the Pandemic, including Altering the Process for Conducting Public Meetings; Restricting the Use of Public Buildings or Facilities; Providing Additional Powers to the Director of Emergency Management to Incur Costs, Waive Procedures, and Take Other Temporary Actions; and Suspending Deadlines and Procedures.

CALL TO ORDER & ROLL CALL – Clerk of the Board

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

INVOCATION – Chairperson

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

APPROVAL OF AGENDA

PUBLIC HEARING

RC Litter Ordinance

PRESENATIONS

Jim Baldwin – CPPD – Dante Regional Sewer Project Resolution………………A-1
Dustin Keith – Upper Tennessee River Roundtable………………………………A-2
Heather Powers – RC Tourism – Experience Russell…………………………….A-3

Agenda Board of Supervisors April 5, 2021

RUSSELL COUNTY

BOARD OF SUPERVISOR’S MEETING AGENDA - APRIL 5, 2021

BOS Board Room Regular Meeting 5:00 PM

Russell County Governmental Center Lebanon, Virginia 24266

‘The Russell County Board of Supervisors Meetings will be held pursuant to the Russell County Emergency Ordinance of April 6, 2020 and ‘amended on September 8, 2020 and March 8, 2021 to allow for the Continuity of Government Operations During the Pandemic, including Altering the Process for Conducting Public Meotings; Restricting the Use of Public Buildings or Facilities; Providing Additional Powers to the Director of Emergency Management to Incur Costs, Waive Procedures, and Take Other Temporary Actions; and Suspending Deadlines and Procedures.

CALL TO ORDER & ROLL CALL - Clerk of the Board

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

INVOCATION - Chairperson PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA APPROVAL OF AGENDA PUBLIC HEARING

RC Litter Ordinance

PRESENATIONS

Jim Baldwin - CPPD — Dante Regional Sewer Project Resolution…
Dustin Keith - Upper Tennessee River Roundtable.
Heather Powers — RC Tourism — Experience Russell…

Russell County

Agenda Board of Supervisors April 5, 2021

Russell County Page 2

NEW BUSINESS

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

a. Unapproved minutes of March 1, 2021 b. Unapproved minutes of March 8, 2021

Approval of Expenditures. Consider approval of expenditures presented

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

Committee Appointments for Board Consideration.

Dante Community Center

Bobbie Gullett Two-Year Term April 1, 2021 Wanda Osborne Two-Year Term April 1, 2021 Arthur Phillips Two-Year Term April 1, 2021

RC Planning Commission

Charles Edmonds Four-Year Term April 3, 2021

CITIZEN’S COMMENT PERIOD (Limited to 3 minutes)

CONSTITUTIONAL OFFICER REPORTS AND REQUESTS

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

CPRWMA User Agreement for Solid Waste Disposal

COUNTY ADMINISTRATOR REPORTS AND REQUESTS

REPORTS

2021 March Special Election – Senate of Virginia…………………………………D-1
Notice of Decertification of Electronic Poll Book Software ………………………D-2
VDH COVID-19 Vaccine Event – Castlewood High School (4/7/21)…………….D-3

REQUESTS

Tourism Advisory Committee By-Laws……………………………………………….D-4

Agenda Board of Supervisors April 5, 2021

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 March 1, 2024 b. Unapproved minutes of March 8, 2021

Approval of Expenditures. Consider approval of expenditures presented for payment…
Committee Appointments for Board Consideration.

Dante Community Center

Bobbie Gullett Two-Year Term April 1, 2021 Wanda Osborne Two-Year Term April 1, 2021 Arthur Phillips Two-Year Term April 1, 2021

RC Planning Commission Charles Edmonds Four-Year Term April 3, 2021

CITIZEN’S COMMENT PERIOD (Limited to 3 minutes)

CONSTITUTIONAL OFFICER REPORTS AND REQUESTS

COUNTY ATTORNEY REPORTS AND REQUESTS…

CPRWMA User Agreement for Solid Waste Disposal COUNTY ADMINISTRATOR REPORTS AND REQUESTS

REPORTS

2021 March Special Election — Senate of Virginia…
Notice of Decertification of Electronic Poll Book Software …
VDH COVID-19 Vaccine Event — Castlewood High School (4/7/21)…

REQUESTS

Tourism Advisory Committee By-Laws

Russell County

Agenda Board of Supervisors April 5, 2021

Russell County Page 3

VDOT Resolution – Gilmer Subdivision Rd & Grand Haven Dr.…………………D-5
Cigarette & Meal Tax Public Hearing…………………………………………………D-6
Deputy Emergency Management Coordinator Position……….…………………D-7
BOS Budget Work Session…………………………………………………………….D-8

MATTERS PRESENTED BY THE BOARD

ADJOURNMENT

COUNTY AGENCY / BOARD REPORTS:

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

Agenda Board of Supervisors April 5, 2021

VDOT Resolution — Gilmer Subdivision Rd & Grand Haven Dr.
Cigarette & Meal Tax Public Hearing.
Deputy Emergency Management Coordinator Position…
BOS Budget Work Session… MATTERS PRESENTED BY THE BOARD ADJOURNMENT COUNTY AGENCY / BOARD REPORTS:

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

Russell County Page 3

CLOSED SESSION

Motion made by , second by and duly approved by the Board of Supervisors enter into closed session to discuss Legal Matters pursuant to Section 2.2-3711(A)(3)(7)(8) – Legal Discussions concerning Project Jonah, Northrop Grumman, and RC Public Service Authority (PSA).

The vote was: Aye:
Nay:

CERTIFICATION OF CLOSED SESSION

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

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

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

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

Tim Lovelace -

Lou Ann Wallace -

Carl Rhea -

Steve Breeding -

David Eaton -

Rebecca Dye -

Oris Christian -

APPROVAL TO RETURN TO REGULAR SESSION

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

The vote was: Aye:
Nay:

CLOSED SESSION

Motion made by. , second by, and duly approved by the Board of Supervisors enter into closed session to discuss Legal Matters pursuant to Section 2.2-3711(A)(3)(7)(8) — Legal Discussions concerning Project Jonah, Northrop Grumman, and RC Public Service Authority (PSA).

The vote was: Aye: Nay:

CERTIFICATION OF CLOSED SESSION

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

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

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

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

The vote was: Aye:

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 - Chairperson Lebanon, VA 24266

     Meeting: 4/5/21     6:00 PM

Public Hearing

RC Litter Ordinance

Staff Recommendation:

Board Discretion.

Suggested Motion:

Board Discretion.

ATTACHMENTS: • Various

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

Meeting: 4/5/21 6:00 PM

Public Hearing

RC Litter Ordinance

Staff Recommendation: Board Discretion. 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

www.russellcountyva.us

PUBLIC NOTICE

The Russell County Board of Supervisors will conduct a Public Hearing on Monday, April 5, 2021 at 6:00 p.m. to hear comments concerning the adoption of the “Litter Ordinance”.

A copy of the proposed Litter 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 ordinances are posted on the County’s Website at
http://www.russellcountyva.us/257/Ordinances-Resolutions and on RussellCountyVA App on Google Play Store.

The Public Hearings will be held in the Russell County Board of Supervisors Room at the Russell County Governmental Center, 133 Highland Drive, Lebanon, Virginia during the regular April 2021 monthly 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

UBLIC NOTICE

The Russell County Board of Supervisors will conduct a Public Hearing on Monday, April 5, 2021 at 6:00 p.m. to hear comments concerning the adoption of the “Litter Ordinance”.

A copy of the proposed Litter 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 ordinances are posted on the County’s Website at http://www.russellcountyva.us/257/Ordinances-Resolutions and on RussellCountyVA App on Google Play Store.

BY ORDER OF THE 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

RUSSELL GOUNTY GIRGUIT COURT

FILED Russell County ISS bm

Litter Control and MAR 12 2020

Disposal Ordinance fy : j 0. CLERK

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

§ 172-200. Authorization.

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

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 (39) 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

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

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.

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 (iti) 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,

ie:

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,

4, 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

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, butis 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 mantufacturing/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

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.

11, 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,

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

Se 7

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 s shall not include roots

trimmings arising from general landscaping maintenance. 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

Ie 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,

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 shalll 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.

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

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.

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 ef 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. Itshall be unlawful to deposit any item or items except litter in any

receptacle placed for public use as a depository for littler. Any item or items, including litter, which are expressly prohibited from being placed in said receptacle by a sign or other writing located on or

2 See §15.2-901 © for enabling act authorizing civil penalty by ordinance. 2 See §15,2-901 (0) for enabling act authorizing Class 3 misdemeanor when three civil penalties have occurred.

ea 12

around the receptacle, shall not be placed or deposited in said receptacle. b. Any violation of this subsection shall constitute a Class 2 misdemeanor. A second or subsequent offense shall constitute a Class 1 misdemeanor. 2. Providing Adequate Litter Receptacles for Businesses

It shall be the duty of any person owning or operation any commercial establishment to provide receptacles adequate to contain the litter generated at said establishment. The penalty established for violation of this subsection shall be twenty-five ($25.00) dollars for each day of violation. The offender shall receive a summons from the enforcement officer for any violation of this subsection. The offender may pay the fine in lieu of appearing in court on any

first offense.

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. Itshall 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 law enforcement officer, litter control officer, or private citizen.

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.
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

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 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.

© 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

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.

© 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 ot 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 sich 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.

() The Commonwealth Attorney of Russell County, Virginia or his designee shall be responsible for all prosecutions under this section.

§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.

This ordinance shall be effective on the 3 day of Rebrwcacy , 2020. 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 3° day of Febreany 2020.

Russell County Virginia “The Heart of Southwest Virginia”

Oris Christian Carl Rhoa

At-Large District 3

Tim Lovelace Rebecca Dyo, Chairperson David Eaton

District 4 District 6 District 4

Lou Ann Wallace Steve Breeding, Vice-Chairman Lonzo Lester

District 2 District 5 County Administrator Ordinance

‘Ata regular meeting of the Russell County Board of Supervisors held in the Russell County Government Center, Lebanon Virginia on the 2™ day of February, 2020

Present:

Tim Lovelace Lou Wallace Carl Rhea David Eaton Steve Breeding Rebecca Dye Oris Christian

On motion made by: S¥eVe Breeding , seconded by] rm Lovelace.

which carried _7-© _ the following Ordinance Was adopted.

This Ordinance shall be in full force and effect upon its adoption and enactment by the Board of Supervisors of Russell County.

rd Adopted this_ 2 day of February 2020.

Russell County Administrator

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

Russell County Government Center

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

Board of Supervisors Information Item

137 Highland Drive Presenters - Various Lebanon, VA 24266

    Meeting: 4/5/21      6:00 PM

Presentations

Jim Baldwin – CPPD – Dante Regional Sewer Project Resolution………………A-1
Dustin Keith – Upper Tennessee River Roundtable………………………………A-2
Heather Powers – RC Tourism – Experience Russell…………………………….A-3

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: 4/5/21 6:00 PM

Presentations

Jim Baldwin — CPPD — Dante Regional Sewer Project Resolution
Dustin Keith — Upper Tennessee River Roundtable…
Heather Powers — RC Tourism — Experience Russell 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

Tracy Highlight

Upper Tennessee

River Roundtable

P.O. Box 2359, Abingdon, VA 24212 Phone: (276) 628-1600 Fax: (276) 623-1185

March 29, 2021 To: Russell County Board of Supervisors

From: Carol Doss, Executive Director

Re: Upper Tennessee River Roundtable Work

Upper Tennessee River Roundtable is a regional 501(¢)(3) nonprofit based on Abingdon and providing services in the nine counties and two cities within the Upper Tennessee River

watershed in Virginia, including Russell County. Since the formation of this organization 21 years ago, our board of directors has provided a seat for Russell County.

The Roundtable completed many projects over the years with grants, with some specifically for the Clinch River Valley, including Russell County. We secured 31 grants that included funds for this region. Projects funded by these grants included:

© Roundtable’s Adopt-A-Stream Program and Save Our Streams Program © Currently assisting Kelly MeBride and Clinch Water Watch by training volunteers «Regional Stream Cleanups and Community Cleanups © We collaborate with Brian Ferguson on cleanups © We provided supplies © Clinch River Youth Summit © Held in Russell County one year; we alternate host locations © Clinch River Environmental Education Symposium for teachers all over the region © Educator Workshop training on the River Works Discovery Program © Rain Barrel Workshops held in Russell County © Creation of Boat Access Ramps © Household Hazardous Waste Collection Events © Provided partial funding for Russell County for two events collaborating with Brian Ferguson © Rain Garden © Installed one in Lebanon

Provided AmeriCorps VISTA members who assisted the region for many years
Presentations to Russell County after-school program

P.O Box 1208 office: 276-889-8000 137 Highland Drive cell: 276-254-0014

(RUSSELL ] Lebanon, VA 24266 |: [email protected]

COUNTY RGINIA’

Experience Russell Launches New ExperienceRussell.com

Experience Russell’s website ExperienceRussell.com was in need of numerous updates regarding both information and the program was becoming increasingly outdated and difficult to make changes. The website became inoperable, and a new platform has been utilized and will be even more secure as it will bed

operate under the county website.

The new ExperienceRussell.com was launched on April 1* and is much more user friendly and easier to manage.

Some of the more advanced features include the ability to not only view how it will look on a desktop computer, but you can also switch to the mode where it will display how information looks on a cell phone. If pictures or information need to be moved around to make it look better when used on a phone, it may be done so here.

All the pages are much faster to display information on and is much easier to

insert pictures and information than previously.

Each page tab available on the website coincides with the Experience Russell brochure.

A gallery of pictures is also displayed that highlight amazing scenes and activities offered around the county that showcase out natural beauty and assets.

Some of the more advanced features on the site will allow for us to showcase our videos more easily. As of now, the latest drone videos are displayed along with a VTC video that is required to be posted under a grant requirement.

This has also opened up the doors for some new ways to showcase action films. Working with local outdoor recreational enthusiasts, some of these upcoming videos will provide a birds-eye view of biking down Rt. 80. Kayaking the Clinch River, walking trails, hiking the Pinnacles and Channels and riding ATVs.

Rack cards that are in the process of being produced will also be accessible from this website. Rack cards will provide compiled information in one spot that will give in depth information on local shops, restaurants, historical sites, camping and more. These will also coincide with the newest videography displayed on the website.

Another future plan is to incorporate an ap for phones that will help users access information quickly from the website without the need to visit the website.

The site will be continuously be updated as information changes.

 Board of Supervisors                       Action Item B-1

137 Highland Drive Presenter: Chairperson Lebanon, VA 24266

     Meeting: 4/5/21           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:

• March 1, 2021 Board Minutes • March 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: 4/5/21 6:00 PM

Approval of Minutes

Request approval of the minutes from the following meeting:

March 1, 2021 Board Minutes March 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

March 01, 2021

A regular monthly meeting of the Russell County Board of Supervisors was held on Monday, March 01, 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

The Clerk called the meeting to order.

APPROVAL OF THE AGENDA

Motion made by Oris Christian, second Lou Wallace 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

Presentations

Debbie Melton, Cumberland Plateau Planning District Commission asked the Board to consider passing a resolution approving an application for the Belfast Waterline Extension Project, Phase III.

APPROVAL OF A RESOLUTION FOR THE BELFAST WATERLINE EXTENSION PROJECT, PHASE III

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve a resolution to move forward with the Belfast Waterline Extension Project, Phase III.

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

March 01, 2021

‘Aregular monthly meeting of the Russell County Board of Supervisors was held on Monday, March 01, 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

The Clerk called the meeting to order. APPROVAL OF THE AGENDA

Motion made by Oris Christian, second Lou Wallace 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

Presentations

Debbie Melton, Cumberland Plateau Planning District Commission asked the Board to consider passing a resolution approving an application for the Belfast Waterline Extension Project, Phase ltl

‘APPROVAL OF A RESOLUTION FOR THE BELFAST WATERLINE EXTENSION PROJECT, PHASE Ill

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve a resolution to move forward with the Belfast Waterline Extension Project, Phase III

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

Presentations Continued:

Deputy Cuba Porter, RC Sheriff’s Department and Mickey Rhea, Building Official presented details on several properties that they had observed relating to the Russell County Litter and Unsafe Building Ordinance.

APPROVAL TO ENFORCE THE RC LITTER & UNSAFE BUILDING ORDINANCE ON PROPERTIES DEEMED CRITICAL

Motion made by Lou Wallace, second Tim Lovelace and duly approved by the Board of Supervisors to enforce the Russell County Litter and Unsafe Building Ordinance on four properties that have been deemed critical.

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

Scott Jessee, VPI Extension Agent introduced the new VT Cooperative Extension Agent for Family and Consumer Services, Sharon Rice. Ms. Rice commented that she was excited to start her new job in Russell County.

APPROVAL OF THE FEBRUARY 08, 2021 MINUTES

Motion made by Lou Wallace, second David Eaton and duly approved by the Board of Supervisors to approve the February 08, 2021 minutes as presented and dispense with the reading thereof.

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

APPROVAL OF GENERAL COUNTY INVOICES

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to approve general county invoices in the amount of $1,260,597.60, including reoccurring and withholdings.

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

Citizens Comment

Ira Eads, Cleveland stated that the road near him home was a mess and a bad eyesore. He wants to know if the Board can help with this.

Presentations Continued:

APPROVAL TO ENFORCE THE RC LITTER & UNSAFE BUILDING ORDINANCE ON PROPERTIES DEEMED CRITICAL

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

APPROVAL OF THE FEBRUARY 08, 2021 MINUTES

Motion made by Lou Wallace, second David Eaton and duly approved by the Board of Supervisors to approve the February 08, 2021 minutes as presented and dispense with the reading thereof.

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

APPROVAL OF GENERAL COUNTY INVOICES

‘Aye: David Eaton, Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, Oris Christian and Rebecca Dye Nay: None

Citizens Comment

Ira Eads, Cleveland stated that the road near him home was a mess and a bad eyesore. He wants to know if the Board can help with this.

William Keene, Honaker thanked Lonzo Lester and Rebecca Dye for their assistance with his problem getting his mail resulting in an issue with The Russell County Public Service Authority. He stated that there is a real problem with the mail system, he would be glad to ask some legislators for help.

The Chairperson closed Citizens Comment.

County Attorney Reports and Requests

APPROVAL OF THE CPRWMA

Motion made by Tim Lovelace, second Carl Rhea and duly approved by the Board of Supervisors to approve the Cumberland Plateau Regional Waste Management Authority Manpower Agreement.

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

APPROVAL OF AN UPDATED JOB DESCRIPTION FOR THE EMERGENCY MANAGEMENT COORDINATOR

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve the updated job description for the Emergency Management Coordinator.

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

PUBLIC HEARING SET ON THE RUSSELL COUNTY LITTER & UNSAFE BUILDING ORDINANCE

Motion made by Steve Breeding, second Lou Wallace and duly approved by the Board of Supervisors to set a public hearing on Monday, April 05, 2021 at 6:00 pm for the purpose of amending the Russell County Litter and Unsafe Structure Ordinance.

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

County Administrator Reports and Requests

APPROVAL TO EXPEND FUNDS FROM THE CARES BROADBAND – FLATS PROJECT

Motion made by Steve Breeding, second Lou Wallace and duly approved by the Board of Supervisors to drawdown funds from the Cares Broadband -Flats Project award.

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

The Chairperson closed Citizens Comment.

County Attorney Reports and Requests APPROVAL OF THE CPRWMA

Motion made by Tim Lovelace, second Carl Rhea and duly approved by the Board of Supervisors to approve the Cumberland Plateau Regional Waste Management Authority Manpower Agreement.

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

APPROVAL OF AN UPDATED JOB DESCRIPTION FOR THE EMERGENCY MANAGEMENT COORDINATOR

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve the updated job description for the Emergency Management Coordinator.

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

PUBLIC HEARING SET ON THE RUSSELL COUNTY LITTER & UNSAFE BUILDING ORDINANCE

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

County Administrator Reports and Requests

APPROVAL TO EXPEND FUNDS FROM THE CARES BROADBAND ~ FLATS PROJECT

Motion made by Steve Breeding, second Lou Wallace and duly approved by the Board of Supervisors to drawdown funds from the Cares Broadband -Flats Project award.

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

APPROVAL FOR THE BUILDING OFFICIAL TO ATTEND A VIRTUAL VBCOA CONFERENCE

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve a request for the building official’s office to participate in virtual VBCOA conference.

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

APPROVAL TO ENTER INTO 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 to discuss personnel matters pursuant to section 2.2-3711 (A), (1).

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

CERTIFICATION OF CLOSED SESSION

Pursuant to § 2.2-3712(D) of the Code of Virginia 1950, as amended each member of the Board of Supervisors upon the Roll Call certifies that to the best of their knowledge (I) only public business matters lawfully exempted from the open meeting requirements under the Virginia Freedom of

Information Act and (ii) only such public business matters that were identified in the motion(s) by which the closed meeting was convened were heard, discussed, or considered in the meeting by the Board of Supervisors.

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

Are there any 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

APPROVAL FOR THE BUILDING OFFICIAL TO ATTEND A VIRTUAL VBCOA CONFERENCE

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve a request for the building official’s office to participate in virtual VBCOA conference.

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

APPROVAL TO ENTER INTO EXECUTIVE (CLOSED) SESSION

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

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: David Eaton, Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, Oris Christian and Rebecca Dye

Nay: None

CERTIFICATION OF CLOSED SESSION

Pursuant to § 2.2-3712(D) of the Code of Virginia 1950, as amended each member of the Board of Supervisors upon the Roll Call certifies that to the best of their knowledge (1) only public business matters lawfully exempted from the open meeting requirements under the Virginia Freedom of

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

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

Tim Lovelace — AYE Lou Wallace ~ AYE Carl Rhea AYE

David Eaton – AYE Rebecca Dye - AYE Steve Breeding – AYE Oris Christian – AYE

APPROVAL OF $500 FOR FISH VIRGINIA FOR TOURISM

Motion made by David Eaton, second David Eaton and duly approved by the Board of Supervisors to appropriate $500.00 for the tourism department for Fish Virginia.

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

APPROVAL TO ADJOURN TO RECONVENE

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to adjourn to reconvene on Monday, March 08, 2021 at 6:00 pm.

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

Clerk of the Board Chairperson

David Eaton - AYE Rebecca Dye - AYE Steve Breeding - AYE Oris Christian ~ AYE

APPROVAL OF $500 FOR FISH VIRGINIA FOR TOURISM

Motion made by David Eaton, second David Eaton and duly approved by the Board of Supervisors to appropriate $500.00 for the tourism department for Fish Virginia

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

APPROVAL TO ADJOURN TO RECONVENE

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to adjourn to reconvene on Monday, March 08, 2021 at 6:00 pm.

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

Clerk of the Board

March 08, 2021

A reconvened meeting of the Russell County Board of Supervisors was held on Monday, March 08, 2021 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
Steve Breeding Rebecca Dye Oris Christian

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

Absent: David Eaton

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

APPROVAL OF THE AGENDA

Motion made Steve Breeding, second Tim Lovelace and duly approved by the Board of Supervisors to approve the agenda.

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

PUBLIC HEARING HELD ON THE CONTINUITY OF GOVERNMENT ORDINANCE

Pursuant to being advertised in a local newspaper for two (2) consecutive weeks, a public hearing was held concerning the Continuity of Government Ordinance.

The Chairperson opened the public hearing, hearing no comments the public hearing was closed.

APPROVAL OF THE CONTINUNITY OF GOVERNMENT ORDINANCE

Motion made by Carl Rhea, second Tim Lovelace and duly approved by the Board of Supervisors to approve the Continuity of Government Ordinance for a period of (6) six months.

The vote was:

Aye: Carl Rhea, Tim Lovelace, Steve Breeding, Lou Wallace, Rebecca Dye and Oris Christian

March 08, 2021

A reconvened meeting of the Russell County Board of Supervisors was held on Monday, March 08, 2021 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 Steve Breeding Rebecca Dye Oris Christian

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

Absent: David Eaton

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

Motion made Steve Breeding, second Tim Lovelace and duly approved by the Board of Supervisors to approve the agenda

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

PUBLIC HEARING HELD ON THE CONTINUITY OF GOVERNMENT ORDINANCE

Pursuant to being advertised in a local newspaper for two (2) consecutive weeks, a public hearing was held concerning the Continuity of Government Ordinance,

‘The Chairperson opened the public hearing, hearing no comments the public hearing was closed.

APPROVAL OF THE CONTINUNITY OF GOVERNMENT ORDINANCE

Motion made by Carl Rhea, second Tim Lovelace and duly approved by the Board of Supervisors to approve the Continuity of Government Ordinance for a period of (6) six months.

The vote was:

‘Aye: Carl Rhea, Tim Lovelace, Steve Breeding, Lou Wallace, Rebecca Dye and Oris Christian

Nay: None

APPROVAL TO ADJOURN

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

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

Clerk of Board Chairperson

Nay: None APPROVAL TO ADJOURN

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

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

Clerk of Board Chairperson

                                                  Board of Supervisors                         Action Item B-2

137 Highland Drive Presenter: Chairperson Lebanon, VA 24266

    Meeting: 4/5/21      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 March 2021 Monthly Expenditures:

STAFF RECOMMENDATION(s):
County’s March 2021 Monthly Expenditures are in compliance with budget and operational

services.

SUGGESTED MOTION(s): Motion to approve County’s March 2021 Monthly Expenditures.

ATTACHMENTS:

• March 2021 Monthly Expenditures

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

Meeting: 4/5/21 6:00 PM

Approval of Expenditures Request approval of the County’s March 2021 Monthly Expengitures: STAFF RECOMMENDATION(s):

County’s March 2021 Monthly Expenditures are in compliance with budget and operational

services.

SUGGESTED MOTION(s): Motion to approve County’s March 2021 Monthly Expenditures.

ATTACHMENTS:

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

    Meeting: 4/5/21        6:00 PM

Russell County Government Center

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

  Board Appointments

Committee Appointments for Board Consideration.

Dante Community Center

Bobbie Gullett Two-Year Term April 1, 2021 Wanda Osborne Two-Year Term April 1, 2021 Arthur Phillips Two-Year Term April 1, 2021

RC Planning Commission

Charles Edmonds Four-Year Term April 3, 2021

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

Meeting: 4/5/21 6:00 PM

Board Appointments

Committee Appointments for Board Consideration.

Dante Community Center

Bobbie Gullett Two-Year Term April 1, 2021 Wanda Osborne Two-Year Term April 1, 2021 Arthur Phillips Two-Year Term April 1, 2021

RC Planning Commission Charles Edmonds Four-Year Term April 3, 2021

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

OFFICE US!

COUNTY OF RUSSELL, VIRGINIA —_L print Form. P\ ESS

| Date Received: COMMITTEE APPLICATION + gules Se™qa9 ul Currently Serving OFT

NAME: HeFaddin bother ic He Tay ay (evrcaTsranat) (Ws, A, Rank) HOMEADPRESS: _QUB% Redbud Huy, PO Gov 1909 eraiz@ Henalker VA ZU2G0 (eFadaing $50¢: col. TRLEPHONENUMBERS: 274-971-0690 ZTe-FIZ-EleO> _—_Z76-BIZ- G13 Comey iste AR PROFESSIONVOCATION: I asunance Sales BOARDS/COMMISSIONS ON WHICH YOU WISH TO SERVE: Russel Counk, PSA f = (List no more than 3 in orderof preference?) Russel County Planning Commission

orwer interests: Voluateer Service werld, local and Foren Higston

High scheo| dplons snd Businecr Adeinistraton

CovfSes

JOBEXPERIENCE: MoFaddia + Associates 2 yes, HeFaddin Properhes 1S years CIVIC OR SERVICE ORGANIZATION EXPERIENCE: = _Helovng Wends Hinistr’es 15 yes

ARE YOU CURRENTLY A MEMBER OF A RUSSELL COUNTY BOARD OR COMMISSION? IF Yes

yes,PLEASENAME: = (usSel( Coua+t, 1DA 1 HA VE YOU PREVIOUSLY SERVED AS A MEMBER OF A RUSSELL COUNTY BOARD OR COMMISSION? IF No

‘YES, PLEASE NAME:

ARE YOU A REGISTERED vorER? Ye DISTRICT NUMBER: 4

Loretta Vance

From: Sent: To: Subject:

[email protected]

Friday, November 20, 2020 10:24 AM [email protected]; loretta [email protected] <I Online Form Submittal: Board and Committee Application € cer Y

Board and Committee Application q

Name Alita Ann Whited

Email Address [email protected] Address 85 Acre Lane

City Cedr Btuff

State Russell

Zip Code 24609

Phone Number 276-971-4491

Fax Number Field not completed.

Board/Committee on Which Planning Commission You Wish to Serve

Other Interests Field not completed.

Education Associate Degree from SWCC Graduate Realtors Institute Multiple classes in Real Estate and Real Estate Appraisal

Job Experience 33 years as Real Estate Broker, Associate Broker and Agent (Licensed in all three categories at different times) 13 years in Real Estate Appraisal (Certified Real Estate

Appraiser) Civic or Service Clinch River Kiwanis since 1989 Organization Experience Richlands Garden Club

Russell County Republican Committee Are you currently amember No of a Russell County Board or Committee?

IFYES, please name: Field not completed.

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

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: 4/5/21         6:00 PM

County Attorney Reports

CPRWMA User Agreement for Solid Waste Disposal

Staff Recommendation:

Board Discretion.

Suggested Motion:

Motion Required.

ATTACHMENTS: • Various

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

4/5/21

Meetin:

County Attorney Reports

CPRWMA User Agreement for Solid Waste Disposal

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

USER AGREEMENT
Page | 1

USER AGREEMENT FOR

SOLID WASTE DISPOSAL

THIS AGREEMENT, made and executed this the 5th day of April 2021 by and between

the COUNTY OF DICKENSON, Virginia, the COUNTY OF BUCHANAN, Virginia, and the

COUNTY OF RUSSELL, Virginia, political subdivisions of the COMMONWEALTH OF

VIRGINIA, hereinafter referred to as “Users,” and the CUMBERLAND PLATEAU WASTE

MANAGEMENT AUTHORITY, a body politic and corporate and a political subdivision of the

COMMONWEALTH OF VIRGINIA, an Authority created by the aforesaid Users, pursuant to

the Virginia Water and Sewer Authorities Act, hereinafter referred to as “Authority.”

ARTICLE I – BASIC INTENT AND PURPOSE

This Agreement is entered into as authorized by the Virginia Water and Waste

Authorities Act, Va. Code Ann. § 15.2-5100 et seq. (hereinafter the “Act”).

The Authority has all the powers, rights and duties as described in the Act and as

specified in its Articles of Incorporation and may exercise the same in the

performance of its functions as set out in the Act.

The purposes for which the Authority was created are to acquire, purchase, lease as

lessee, construct, reconstruct, improve, extend, operate, maintain and finance a

Garbage and Refuse Collection and Disposal System, as that term is defined in the

Act, within, without, or partly within and partly without the Counties of Buchanan,

Dickenson and Russell, Virginia.

The Authority, subject to the terms and conditions hereinafter set out, desires to

maintain a safe, sanitary and environmentally sound Disposal System (hereinafter

defined) and for and by such Disposal System to accept and dispose of the

Disposable Solid Waste (as the term is defined herein, and hereinafter referred to

as DSW) of the Users.

The Users, subject to the terms and conditions hereinafter set out, desire to use the

Authority’s Disposal System for the disposal of DSW generated within, collected

by, or otherwise under the control of the User.

The Disposal System shall be established, operated and maintained in accordance

with the Authority’s Plan of Operation, attached hereto and made a part hereof,

USER AGREEMENT FOR SOLID WASTE DISPOSAL THIS AGREEMENT, made and executed this the 5" day of April 2021 by and between the COUNTY OF DICKENSON, Virginia, the COUNTY OF BUCHANAN, Virginia, and the COUNTY OF RUSSELL, Virginia, political subdivisions of the COMMONWEALTH OF VIRGINIA, hereinafter referred to as “Users,” and the CUMBERLAND PLATEAU WASTE, MANAGEMENT AUTHORITY, a body politic and corporate and a political subdivision of the COMMONWEALTH OF VIRGINIA, an Authority created by the aforesaid Users, pursuant to

the Virginia Water and Sewer Authorities Act, hereinafter referred to as “Authority.” ARTICLE I - BASIC INTENT AND PURPOSE

This Agreement is entered into as authorized by the Virginia Water and Waste

Authorities Act, Va. Code Ann. § 15.2-5100 et seq. (hereinafter the “Act”).

The Authority has all the powers, rights and duties as described in the Act and as specified in its Articles of Incorporation and may exercise the same in the performance of its functions as set out in the Act.
The purposes for which the Authority was created are to acquire, purchase, lease as lessee, construct, reconstruct, improve, extend, operate, maintain and finance a Garbage and Refuse Collection and Disposal System, as that term is defined in the ‘Act, within, without, or partly within and partly without the Counties of Buchanan, Dickenson and Russell, Virginia.

4, The Authority, subject to the terms and conditions hereinafter set out, desires to maintain a safe, sanitary and environmentally sound Disposal System (hereinafter defined) and for and by such Disposal System to accept and dispose of the Disposable Solid Waste (as the term is defined herein, and hereinafter referred to as DSW) of the Users.

The Users, subject to the terms and conditions hereinafter set out, desire to use the Authority’s Disposal System for the disposal of DSW generated within, collected by, or otherwise under the control of the User.
The Disposal System shall be established, operated and maintained in accordance

with the Authority’s Plan of Operation, attached hereto and made a part hereof, USER AGREEMENT Page | 1

USER AGREEMENT
Page | 2

which is intended to be effective upon the date of execution of this Agreement, and

which may be amended by the Authority from time to time.

ARTICLES II – DEFINITIONS

Disposable Solid Waste (hereinafter DSW) – Any Solid Waste other than

Hazardous Waste, specifically including Processible Solid Waste, Special Waste

(approved, as set forth in the Plan of Operation) and Non-Processible Solid Waste

(as such terms are defined in the Plan of Operation).

Disposal System – All those facilities owned, leased or operated by the Authority

designed to collect, manage and/or dispose of Solid Waste and those designed to

accomplish recycling and/or volume waste reduction by methods other than DSW;

and the land, structures, vehicles and equipment for use in connection therewith.

Hazardous Waste – a Solid Waste or combination of Solid Waste which, because

of its quantity, concentration or physical, chemical or infectious 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 Disposal System, or the

environment when improperly treated, stored, transported, disposed of or otherwise

managed. The foregoing definition is intended to include any waste now or

hereafter designated as “hazardous” by State or Federal agencies (including the

United States Environmental Protection Agency) with jurisdiction and authority to

promulgate and enforce rules and regulations for the handling and disposal of

hazardous and other wastes.

Non-Conforming Waste – (a) Any waste excluded from the definition of Solid

Waste and (b) Special Waste (as defined in the Plan of Operation) which has not

been approved by the Authority.

Plan of Operation – A plan adopted by the Authority, as amended or supplemented,

setting forth the types of material acceptable to the Authority for disposal, the times

and places where material will be received by the Authority, the methods of

collecting fees charged by the Authority for disposal service, and such other

information as will describe operational procedures, control use of the Disposal

which is intended to be effective upon the date of execution of this Agreement, and

which may be amended by the Authority from time to time, ARTICLES II - DEFINITIONS

Disposable Solid Waste (hereinafter DSW) — Any Solid Waste other than Hazardous Waste, specifically including Processible Solid Waste, Special Waste

(approved, as set forth in the Plan of Operation) and Non-Processible Solid Waste (as such terms are defined in the Plan of Operation).

Disposal System ~ All those facilities owned, leased or operated by the Authority designed to collect, manage and/or dispose of Solid Waste and those designed to accomplish recycling and/or volume waste reduction by methods other than DSW; and the land, structures, vehicles and equipment for use in connection therewith. Hav:

of its quantity, concentration or physical, chemical or infectious characteristics

rdous ste — a Solid Waste or combination of Solid Waste which, because

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 Disposal System, or the environment when improperly treated, stored, transported, disposed of or otherwise managed. The foregoing definition is intended to include any waste now or hereafter designated as “hazardous” by State or Federal agencies (including the United States Environmental Protection Agency) with jurisdiction and authority to promulgate and enforce rules and regulations for the handling and disposal of hazardous and other wastes.

Non-Conforming Waste ~ (a) Any waste excluded from the definition of Solid Waste and (b) Special Waste (as defined in the Plan of Operation) which has not been approved by the Authority.

Plan of Operation ~ A plan adopted by the Authority, as amended or supplemented, setting forth the types of material acceptable to the Authority for disposal, the times and places where material will be received by the Authority, the methods of collecting fees charged by the Authority for disposal service, and such other

information as will describe operational procedures, control use of the Disposal

USER AGREEMENT Page |2

USER AGREEMENT
Page | 3

System and provide instruction and guidelines to users of the Disposal System. The

Plan of Operation shall be marked as Exhibit “A” and incorporated by reference

into this User Agreement. Said Plan of Operation shall be subject to annual review

at the same time this User Agreement is subject to annual review. If any changes

are made to the Plan of Operation by the parties, such changes shall also be subject

to the approval of the Department of Environmental Quality.

Solid Waste – Any garbage, trash, brush, refuse, sludge (as defined in the Plan of

Operation) and other discarded material, including solid, liquid, semi-solid or

contained gaseous material, resulting from industrial, commercial, mining and

agricultural operations and from community activities and residences, but does not

include: (i) solid and dissolved materials in domestic sewage; (ii) solid or dissolved

material in irrigation return flows or in industrial discharges which are sources

subject to permit from the State Water Control board; (iii) source, special nuclear,

or by-product material as defined by the Federal Atomic Energy Act of 1954, as

amended; (iv) to the extent such Solid Waste is transported from the Transfer

Stations to any landfill operated by an entity other than the Authority, and other

materials not allowed under the permits, licenses and approvals relating to such

landfill; or (v) asbestos.

Tipping Fee – The charge made by the Authority for the disposal of DSW (as set

forth in the Plan of Operation). The Tipping Fee shall be calculated by determining

the total of: (a) the disposal fee charged by any landfill operator with whom the

Authority may contract for the ultimate disposal of any Solid Waste delivered

hereunder; (b) the amount of principal premium, if any, and interest or any other

amounts due, or to become due, with respect to any indebtedness of the Authority

or required to avoid a default with respect to such indebtedness; and © all expenses

of the Authority relating to the operation and maintenance of the Disposal System

as per the line item budget approved annually by the Authority Board, excluding

administrative costs defined below) including any reserves required by Authority.

This amount shall be divided by the tonnage projected to be received to derive a

cost per ton to be charged for use of the Disposal System. The tipping fee is the

same for all three member counties per the components of this paragraph.

toby edwards Everyone. The price per ton is based on our current contract and will not exceed the actual cost for disposal or transportation. Should this sentence be deleted?

toby edwards All three have the same tipping fee and transportation is based on mileage from their transfer station to the landfill.

System and provide instruction and guidelines to users of the Disposal System. The Plan of Operation shall be marked as Exhibit “A” and incorporated by reference into this User Agreement. Said Plan of Operation shall be subject to annual review at the same time this User Agreement is subject to annual review. If any changes are made to the Plan of Operation by the parties, such changes shall also be subject to the approval of the Department of Environmental Quality.

Solid Waste ~ Any garbage, trash, brush, refuse, sludge (as defined in the Plan of Operation) and other discarded material, including solid, liquid, semi-solid or contained gaseous material, resulting from industrial, commercial, mining and agricultural operations and from community activities and residences, but does not

include: (i) solid and dissolved materials in domestic sewage; (ii) solid or dissolved

material in irrigation return flows or in industrial discharges which are sources subject to permit from the State Water Control board; (iii) source, special nuclear, or by-product material as defined by the Federal Atomic Energy Act of 1954, as amended; (iv) to the extent such Solid Waste is transported from the Transfer Stations to any landfill operated by an entity other than the Authority, and other materials not allowed under the permits, licenses and approvals relating to such

landfil

or (v) asbestos.

hereunder; (b) the amount of principal premium, if any, and interest or any other amounts due, or to become due, with respect to any indebtedness of the Authority or required to avoid a default with respect to such indebtedness; and © all expenses of the Authority relating to the operation and maintenance of the Disposal System as per the line item budget approved annually by the Authority Board, excluding administrative costs defined below) including any reserves required by Authority. {FBS amount shall be divided by the tonnage projected to be received to derive a cost per ton to be charged for use of the Disposal System. The tipping fee is the same for all three member counties per the components of this paragraph.

USER AGREEMENT Page |3

USER AGREEMENT
Page | 4

However, transportation costs for each member county are determined by mileage

from the county’s transfer station to the landfill. The cost per mile will be uniform

for each county with only the actual mileage varying. The Authority will invoice

each county separately for its transportation costs. The parties agree to annually

review the component costs making up the tipping fee and transportation costs to

make appropriate annual adjustment to said tipping fee and transportation costs

(costs per mile). The annual adjusted tipping fee and transportation costs are subject

to the approval of the Board of Supervisors of each of the Users and the Board of

the Authority. Once the User Agreement is approved either initially or upon

subsequent annual reviews, said approved User Agreement shall be binding on all

the parties. It is acknowledged by all the parties that the landfill charge is based

on a five-year contract that is procured pursuant to 15.2-5136. The parties further

acknowledge that the Authority is contractually bound by this five-year contract in

regard to the landfill charge and bound by another contract for transportation

charges. The parties agree that such contracts are binding upon the Authority and

while in effect restrict the Authority’s ability to make any adjustments to

landfill contract costs and transportation contract costs. However, the parties

further agree that the contract for access to the landfill and the contract for

transportation services to transport the solid waste from the transfer stations to the

landfill are subject to review and approval of the Board of Supervisors of the three

Users.

Administrative Fee—The Authority has administrative costs that include items in

the current Authority fiscal line-item budget as approved by the Authority Board.

These costs include, but are not limited to, IT support, bookkeeping costs, salary

and fringe benefits of Authority employees, legal costs, office rental, and VACO

insurance. The Authority will present its proposed line-item annual budget for

the upcoming year to the member County Administrators annually on or before

March 15 to be included in each County Board of Supervisor’s next monthly

meeting agenda for review and approval.

The total monthly administrative costs of the Authority shall be divided equally among

the Users and paid through monthly invoices submitted to the Users by the Authority.

11242014-pcjast RJT I suggest this language to better capture the items included in the administrative costs, as those could change annually and will be itemized in the budget.

However, transportation costs for each member county are determined by mileage from the county’s transfer station to the landfill. The cost per mile will be uniform for each county with only the actual mileage varying. The Authority will invoice each county separately for its transportation costs. The parties agree to annually review the component costs making up the tipping fee and transportation costs to make appropriate annual adjustment to said tipping fee and transportation costs (costs per mile). The annual adjusted tipping fee and transportation costs are subject to the approval of the Board of Supervisors of each of the Users and the Board of the Authority. Once the User Agreement is approved either initially or upon subsequent annual reviews, said approved User Agreement shall be binding on all the parties. It is acknowledged by all the parties that the landfill charge is based ona five-year contract that is procured pursuant to 15.2-5136. The parties further acknowledge that the Authority is contractually bound by this five-year contract in regard to the landfill charge and bound by another contract for transportation charges. The parties agree that such contracts are binding upon the Authority and while in effect restrict the Authority’s ability to make any adjustments to landfill contract costs and transportation contract costs. However, the parties further agree that the contract for access to the landfill and the contract for transportation services to transport the solid waste from the transfer stations to the landfill are subject to review and approval of the Board of Supervisors of the three Users.

Administrative Fee—The Authority has administrative costs that include items in the current Authority fiscal line-item budget as approved by the Authority Board. These costs include, but are not limited to, IT support, bookkeeping costs, salary and fringe benefits of Authority employees, legal costs, office rental, and VACO insurance. The Authority will present its proposed line-item annual budget for the upcoming year to the member County Administrators annually on or before March 15 to be included in each County Board of Supervisor’s next monthly

meeting agenda for review and approval.

The total monthly administrative costs of the Authority shall be divided equally among

the Users and paid through monthly invoices submitted to the Users by the Authority. USER AGREEMENT Page |4

USER AGREEMENT
Page | 5

ARTICLE III – TERM OF AGREEMENT

This Agreement shall become effective and operations hereunder shall commence on

or about , 2020. This Agreement shall be binding upon the parties, commencing

upon the execution hereof, and extending for a period of one (1) year. Prior to the

end of the one-year term, any further extensions must be approved by the Board of

Supervisors of each of the User and the Authority Board annually.

ARTICLE IV – DELIVERY CONDITIONS

The Users hereby agree to deliver or cause to be delivered to the Disposal System

in accordance with the Plan of Operation substantially all (at least 95 percent per

year) of the DSW which is generated or collected by or within or under the control

of each of the Users from the effective date of this Agreement. Each of the Users

will also use best efforts to enter into contractual agreements with each locality,

generator and commercial hauler of DSW in their respective counties for their use

of the Disposal System.

Subject to the terms and conditions of this Agreement and the Plan of Operation,

the Authority hereby agrees to receive and accept all DSW delivered to the Disposal

System by each of the Users after the effective date of this Agreement and

throughout the remaining term of this Agreement.

The Authority shall provide one or more Transfer Stations to each of the Users for

the disposal of DSW. The location of all Transfer Stations shall be specified in the

Plan of Operation. The Authority shall have the right to designate a separate point

or points of delivery for any grades or categories of DSW which in its opinion

require special handling or methods of disposal.

The Users hereby agree not to build or, to the extent of their legal authority, allow

to be built any facilities that would compete with the Disposal System during the

duration of the term of this Agreement.

ARTICLE V – CHARGES AND FEES FOR USE OF

AUTHORITY DISPOSAL SYSTEM

The Users agree to pay to the Authority rates, fees, and other charges as approved

by the Authority’s Board of Directors in compliance with Va. Code Ann. §15.2-

ARTICLE Il] - TERM OF AGREEMENT |. This Agreement shall become effective and operations hereunder shall commence on

or about , 2020. This Agreement shall be binding upon the parties, commencing

upon the execution hereof, and extending for a period of one (1) year. Prior to the

end of the one-year term, any further extensions must be approved by the Board of

Supervisors of each of the User and the Authority Board annually

ARTICLE IV - DELIVERY CONDITIONS.

The Users hereby agree to deliver or cause to be delivered to the Disposal System in accordance with the Plan of Operation substantially all (at least 95 percent per year) of the DSW which is generated or collected by or within or under the control of each of the Users from the effective date of this Agreement. Each of the Users will also use best efforts to enter into contractual agreements with each locality, generator and commercial hauler of DSW in their respective counties for their use of the Disposal System

Subject to the terms and conditions of this Agreement and the Plan of Operation, the Authority hereby agrees to receive and accept all DSW delivered to the Disposal System by each of the Users after the effective date of this Agreement and throughout the remaining term of this Agreement.
The Authority shall provide one or more Transfer Stations to each of the Users for the disposal of DSW. The location of all Transfer Stations shall be specified in the Plan of Operation. The Authority shall have the right to designate a separate point or points of delivery for any grades or categories of DSW which in its opinion require special handling or methods of disposal.
The Users hereby agree not to build or, to the extent of their legal authority, allow to be built any facilities that would compete with the Disposal System during the

duration of the term of this Agreement. ARTICLE V - CHARGES AND FEES FOR USE OF AUTHORITY DISPOSAL SYSTEM

The Users agree to pay to the Authority rates, fees, and other charges as approved

by the Authority’s Board of Directors in compliance with Va. Code Ann. §15.2-

USER AGREEMENT Page | 5

USER AGREEMENT
Page | 6

5136 subject to approval of the Board of Supervisors of each User. The Authority

agrees to comply with § 15.2-5136 when fixing rates, fees, and other charges. .

Each of the Users shall have the right to set the fees to be charged to the public at

each transfer station in their respective county for the disposal of DSW.

The Authority shall invoice each User for the Tipping Fees on a monthly basis

(within ten (10) days after the end of the month). Such invoices will show the total

tonnage received by the Authority attributable to the User during the billing period

of all DSW. Such invoices shall be due and payable without offset within Thirty

(30) days of the date of the invoice.

The DSW delivered to the Disposal System will be weighed for the purpose of

determining the actual tonnage received. Fractions of tons actually received shall

be invoiced on an accumulated basis each month. In the event of malfunction of the

Authority’s weighing scales or other measuring device, an estimate of the amount

of DSW received will be computed based on the average amount received per

vehicle, when dumping records for such vehicle for the six (6) months immediately

preceding are available, or when such records are not available, will be computed

based on the average amount received per vehicle of like size and/or compaction

ratio.

The Authority shall keep proper books and records in accordance with generally

accepted accounting principles which shall be available for inspection by the User

at all reasonable times.

Any proposed amendment of rates, fees or other charges imposed by the Authority

on the Users pursuant to this Agreement is subject to approval by the Users after

the Authority has provided adequate documentation to demonstrate that an increase

or decrease is necessary under § 15.2-5136.

ARTICLE VI – TITLE TO SOLID WASTE; LIABILITY FOR SOLID WASTE

Title to all DSW delivered to the Disposal System by each of the Users shall pass

to the Authority when recorded by the Authority’s weighing scales or other

measuring devices at the Authority’s facilities, EXCEPT that title to Hazardous

Waste and Non-Conforming Waste shall not vest or pass to the Authority, even if

5136 subject to approval of the Board of Supervisors of each User. The Authority agrees to comply with § 15.2-5136 when fixing rates, fees, and other charges. Each of the Users shall have the right to set the fees to be charged to the public at each transfer station in their respective county for the disposal of DSW.

The Authority shall invoice each User for the Tipping Fees on a monthly basis (within ten (10) days after the end of the month). Such invoices will show the total tonnage received by the Authority attributable to the User during the billing period of all DSW. Such invoices shall be due and payable without offset within Thirty (30) days of the date of the invoice.
The DSW delivered to the Disposal System will be weighed for the purpose of determining the actual tonnage received. Fractions of tons actually received shall be invoiced on an accumulated basis each month. In the event of malfunction of the Authority’s weighing scales or other measuring device, an estimate of the amount of DSW received will be computed based on the average amount received per vehicle, when dumping records for such vehicle for the six (6) months immediately preceding are available, or when such records are not available, will be computed based on the average amount received per vehicle of like size and/or compaction ratio.
The Authority shall keep proper books and records in accordance with generally accepted accounting principles which shall be available for inspection by the User at all reasonable times.
Any proposed amendment of rates, fees or other charges imposed by the Authority ‘on the Users pursuant to this Agreement is subject to approval by the Users after the Authority has provided adequate documentation to demonstrate that an increase

or decrease is necessary under § 15.2-5136. ARTICLE VI- TITLE TO SOLID WASTE; LIABILITY FOR SOLID WASTE

Title to all DSW delivered to the Disposal System by each of the Users shall pass to the Authority when recorded by the Authority’s weighing scales or other measuring devices at the Authority’s facilities, EXCEPT that title to Hazardous Waste and Non-Conforming Waste shall not vest or pass to the Authority, even if

USER AGREEMENT Page | 6

USER AGREEMENT
Page | 7

Hazardous Waste and Non-Conforming Waste is delivered to and unknowingly

accepted by the Authority. Inoperability or unavailability of the Authority’s

measuring devices shall not alter the transfer of title to DSW delivered to and

accepted by the Authority.

In the event that Hazardous Waste is inadvertently or unknowingly delivered to

and/or accepted by the Authority, it is understood and agreed between the parties

that liability for any environmental contamination, adverse effects, penalties or

damages resulting from, and necessary costs of correction, may be imposed upon

the Users by any regulatory bodies with adequate jurisdiction.

ARTICLE VII – DEFAULT

In the event of default, the non-defaulting party shall have the right, but not the

obligation, to cure such default and to charge the defaulting party for the cost of

curing said default, and to obtain reimbursement thereof.

Upon the occurrence of a default by the Authority hereunder, any of the Users, after

giving notice of such default to the Authority, may bring appropriate legal

proceedings to require the Authority to perform its duties under the Act and this

Agreement or to enjoin any acts in violation of the Act or this Agreement. However,

prior to any of the Users initiating legal action against the Authority, the User(s)

must give the Authority written notice of the default and provide the Authority

thirty (30) days to cure said default.

Upon the occurrence of a default by any User, the Authority, after giving notice of

such default to all parties, may bring appropriate legal action to require the User to

perform its duties under the Act and this Agreement or to enjoin any acts in

violation of the Act or this Agreement. However, prior to the Authority initiating

legal action against a User, the Authority must give the User written notice of the

default and provide the User thirty (30) days to cure said default.

No remedy in this Agreement conferred upon or reserved to the parties is intended

to be exclusive of any other remedy, and each remedy is cumulative and in addition

to every other remedy given under this Agreement or now or hereafter existing as

provided by law.

Hazardous Waste and Non-Conforming Waste is delivered to and unknowingly accepted by the Authority. Inoperability or unavailability of the Authority’s measuring devices shall not alter the transfer of title to DSW delivered to and accepted by the Authority.

In the event that Hazardous Waste is inadvertently or unknowingly delivered to and/or accepted by the Authority, it is understood and agreed between the parties that liability for any environmental contamination, adverse effects, penalties or damages resulting from, and necessary costs of correction, may be imposed upon

the Users by any regulatory bodies with adequate jurisdiction. ARTICLE Vil - DEFAULT

In the event of default, the non-defaulting party shall have the right, but not the obligation, to cure such default and to charge the defaulting party for the cost of curing said default, and to obtain reimbursement thereof.

Upon the occurrence of a default by the Authority hereunder, any of the Users, after giving notice of such default to the Authority, may bring appropriate legal proceedings to require the Authority to perform its duties under the Act and this Agreement or to enjoin any acts in violation of the Act or this Agreement. However, prior to any of the Users initiating legal action against the Authority, the User(s) must give the Authority written notice of the default and provide the Authority thirty (30) days to cure said default.

Upon the occurrence of a default by any User, the Authority, after giving notice of such default to all parties, may bring appropriate legal action to require the User to perform its duties under the Act and this Agreement or to enjoin any acts in violation of the Act or this Agreement, However, prior to the Authority initiating legal action against a User, the Authority must give the User written notice of the default and provide the User thirty (30) days to cure said default.

No remedy in this Agreement conferred upon or reserved to the parties is intended to be exclusive of any other remedy, and each remedy is cumulative and in addition to every other remedy given under this Agreement or now or hereafter existing as

provided by law.

USER AGREEMENT Page |7

USER AGREEMENT
Page | 8

ARTICLE VIII – NO PARTNERSHIP

Nothing herein shall be construed to constitute a joint venture between the

Authority and the Users or the formation of a partnership.

ARTICLE IX – FORCE MAJEURE

Failure of any party to perform hereunder, including failure of any User to deliver

or cause to be delivered DSW, or inability of the Authority to accept DSW, by

reason of Force Majeure (as defined in the Plan of Operation) shall not constitute a

default or be cause for termination of this Agreement. However, the party so failing

to perform shall immediately notify the other party of the failure, including reasons

thereof, and shall make reasonable efforts to correct such failure to perform at the

earliest possible date.

If, by reason of Force Majeure, the Authority cannot accept DSW at the Transfer

Station located within the User’s region, the Authority shall immediately provide

for and notify the User of an alternate delivery points(s).

Solely in the event that no facilities of the Authority are available for disposal of

DSW the User shall have the right, but not the obligation, to dispose of or cause to

be disposed of DSW at locations other than the Transfer Station located within the

User’s region until the cause of the Authority’s inability to accept the User’s DSW

is cured, but not thereafter.

ARTICLE X – EXTENT OF AGREEMENT

This Agreement, together with the Plan of Operation, represents the entire

agreement between the parties hereto and supersedes all prior negotiations,

representations or agreements, either written or oral. This Agreement shall not be

modified, altered or amended unless in writing and signed by the parties.

ARTICLE XI – GENERAL

In the event that any provisions of this Agreement shall be held to be invalid, the

remaining provisions shall be valid and binding upon the parties.

ARTICLE VIII —NO PARTNERSHIP

Nothing herein shall be construed to constitute a joint venture between the

Authority and the Users or the formation of a partnership. ARTICLE IX — FORCE MAJEURE

Failure of any party to perform hereunder, including failure of any User to deliver ‘or cause to be delivered DSW, or inability of the Authority to accept DSW, by reason of Force Majeure (as defined in the Plan of Operation) shall not constitute a default or be cause for termination of this Agreement. However, the party so failing to perform shall immediately notify the other party of the failure, including reasons thereof, and shall make reasonable efforts to correct such failure to perform at the earliest possible date.

If, by reason of Force Majeure, the Authority cannot accept DSW at the Transfer Station located within the User’s region, the Authority shall immediately provide for and notify the User of an alternate delivery points(s).

Solely in the event that no facilities of the Authority are available for disposal of DSW the User shall have the right, but not the obligation, to dispose of or cause to be disposed of DSW at locations other than the Transfer Station located within the User’s region until the cause of the Authority’s inability to accept the User’s DSW

is cured, but not thereafter. ARTICLE X — EXTENT OF AGREEMENT

This Agreement, together with the Plan of Operation, represents the entire agreement between the parties hereto and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement shall not be

modified, altered or amended unless in writing and signed by the parties. ARTICLE XI - GENERAL

In the event that any provisions of this Agreement shall be held to be invalid, the

remaining provisions shall be valid and binding upon the parties.

USER AGREEMENT Page | 8

USER AGREEMENT
Page | 9

One or more waivers by either party hereto of performance of any obligation and/or

covenant hereunder shall not be construed as a waiver of subsequent breach of any

obligation and/or covenant.

Neither the Users nor the Authority shall delegate or assign duties under this

Agreement without the written consent of the other.

The construction and performance of this Agreement shall be in accordance with

the laws of the Commonwealth of Virginia. In the event of a dispute between the

Authority and a User, the venue for resolution of that dispute shall lie in the Circuit

Court of the User. In the event a dispute between the Authority and two or more

Users occurs or a dispute occurs between or among Users, the Chief Judge of the

29th Judicial Circuit shall determine the venue and appoint a judge to hear the case.

Any notices hereunder shall be in writing addressed to the party as set forth below

or at such other address as may be designated in writing to the other parties hereto.

In the event the Authority has an administrative fee surplus at the end of any fiscal year and at the end of audit of said fiscal year, such surplus amounts shall be divided equally among the three (3) member counties, based on a review and vote of the Authority Board.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be properly executed and attested by duly authorized officials as of this the 5th day of April 2021.

Cumberland Plateau Regional Waste Management Authority

By (SEAL) CPRWMA Chairman, Damon Rasnick P.O. Box 386 Lebanon, Virginia 24266 Telephone: (276) 883-5403 Fax: (276) 889-8011

ATTEST:

   (SEAL)

CPRWMA Secretary

APPROVED AS TO FORM ONLY:

__________________________________(SEAL)

One or more waivers by either party hereto of performance of any obligation and/or covenant hereunder shall not be construed as a waiver of subsequent breach of any obligation and/or covenant.

Neither the Users nor the Authority shall delegate or assign duties under this Agreement without the written consent of the other.

The construction and performance of this Agreement shall be in accordance with the laws of the Commonwealth of Virginia. In the event of a dispute between the Authority and a User, the venue for resolution of that dispute shall lie in the Circuit Court of the User. In the event a dispute between the Authority and two or more Users occurs or a dispute occurs between or among Users, the Chief Judge of the 29" Judicial Circuit shall determine the venue and appoint a judge to hear the case. Any notices hereunder shall be in writing addressed to the party as set forth below orat such other address as may be designated in writing to the other parties hereto.

In the event the Authority has an administrative fee surplus at the end of any fiscal year and at the end of audit of said fiscal year, such surplus amounts shall be divided equally among the three (3) member counties, based on a review and vote of the Authority Board.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be properly executed and attested by duly authorized officials as of this the 5" day of April

ATTEST:

Cumberland Plateau Regional Waste Management Authority

By. (SEAL) CPRWMA Chairman, Damon Rasnick P.O, Box 386 Lebanon, Virginia 24266 Telephone: (276) 883-5403 Fax: (276) 889-8011

(SEAL)

CPRWMA Secretary

APPROVED AS TO FORM ONLY:

(SEAL)

USER AGREEMENT Page |9

USER AGREEMENT
Page | 10

Phillip Justice, Esq. Counsel for the CPRWMA

COMMONWEALTH OF VIRGINIA, AT LARGE, to wit:

The foregoing contract was subscribed and acknowledged before me by Damon Rasnick, Chairman of the CPRWMA Board, ________________________, Secretary of the CPRWMA and Phillip Justice, Counsel for CPWRMA this the ____day of ________________2021 in __________________County, Va.

                                                                           ___________________________________ 
                                                                     NOTARY PUBLIC

My Commission expires: ________________.
My Registration # is _________________.

                                        Dickenson County Board of Supervisors 



By         (SEAL) 
 Josh Evans, Chairman 
 P.O. Box 1098 
 Clintwood, Virginia 24228    
 Telephone: (276) 926-1676   
 Fax: (276) 926-1649

ATTEST:

     (SEAL)

Larry Barton, County Administrator

APPROVED AS TO FORM:

___________________________________________________(SEAL) Bud Phillips, Esq. County Attorney of Dickenson County, Va.

COMMONWEALTH OF VIRGINIA, AT LARGE, to wit:

Phillip Justice, Esq. Counsel for the CPRWMA

COMMONWEALTH OF VIRGINIA, AT LARGE, to wit:

The foregoing contract was subscribed and acknowledged before me by Damon Rasnick, Chairman of the CPRWMA Board, , Secretary of the CPRWMA and Phi Justice, Counsel for CPWRMA this the __day of 2021 in County, Va.

NOTARY PUBLIC My Commission expires’ My Registration # is

Dickenson County Board of Supervisors

By. (SEAL) Josh Evans, Chairman P.O. Box 1098 Clintwood, Virginia 24228 Telephone: (276) 926-1676 Fax: (276) 926-1649

ATTEST: (SEAL) Larry Barton, County Administrator APPROVED AS TO FORM: (SEAL)

Bud Phillips, Esq. County Attorney of Dickenson County, Va.

COMMONWEALTH OF VIRGINIA, AT LARGE, to wit:

USER AGREEMENT Page | 10

USER AGREEMENT
Page | 11

The foregoing contract was subscribed and acknowledged before me by Josh Evans, Chairman of the Dickenson County Board of Supervisors, Larry Barton., County Administrator the Dickenson County, Va. and Bud Phillips, County Attorney of Dickenson County, Va., this the ____day of ________________2021 in ________________ County, Va.

                                                                           ___________________________________ 
                                                                     NOTARY PUBLIC

My Commission expires: ________________.
My Registration # is _________________.

Buchanan County Board of Supervisors

                      By_________________________________________(SEAL) 
                             Drew Keene, Chairman 
                             P.O. Drawer 950  
                             Grundy, Va. 24614 
                             Telephone: 276-935-6503 
                             Fax: 276-935-4479

ATTEST:

________________________________________(SEAL) Robert Craig Horn
County Administrator

APPROVED AS TO FORM:

_______________________________________(SEAL) Lawrence L. Moise III, Esq.,
County Attorney

COMMONWEALTH OF VIRGINIA, AT LARGE, to wit:

NOTARY PUBLIC

My Commission expires: My Registration # is,

Buchanan County Board of Supervisors

By (SEAL) Drew Keene, Chairman P.O. Drawer 950 Grundy, Va. 24614 Telephone: 276-935-6503 Fax: 276-935-4479

ATTEST:

(SEAL)

Robert Craig Hom County Administrator

APPROVED AS TO FORM:

(SEAL)

Lawrence L. Moise III, Esq., County Attorney

COMMONWEALTH OF VIRGINIA, AT LARGE, to wit:

USER AGREEMENT Page | 1]

USER AGREEMENT
Page | 12

The foregoing contract was subscribed and acknowledged before me by Drew Keene, Chairman of the Buchanan County Board of Supervisors, Robert Craig Horn, County Administrator and Lawrence L. Moise III, County Attorney this the ____day of ________________2021 in __________________ County, Va.

                                                                        ___________________________________ 
                                                                NOTARY PUBLIC

My Commission expires: ________________.
My Registration # is _________________.
Russell County Board of Supervisors

                         By_________________________________________(SEAL) 
                              Rebecca Dye, Chairman 
                                137 Highland Drive  
                                Lebanon, Va. 24266 
                                Telephone: 276-889-8000 
                                Fax: 276-889-8011

ATTEST:

________________________________________(SEAL) Lonzo Lester County Administrator

APPROVED AS TO FORM: _______________________________________(SEAL) Katie Patton, Esq.,
County Attorney

COMMONWEALTH OF VIRGINIA, AT LARGE, to wit:

The foregoing contract was subscribed and acknowledged before me by Rebecca Dye, Chairman of the Russell County Board of Supervisors, Lonzo Lester, County Administrator and Katie Patton, Esq. County Attorney, this the ____day of ________________2021 in ________________ County, Va.

                                                                        ___________________________________ 
                                                                    NOTARY PUBLIC

My Commission expires: ________________.
My Registration # is _________________.

The foregoing contract was subscribed and acknowledged before me by Drew Keene, Chairman of the Buchanan County Board of Supervisors, Robert Craig Hom, County Administrator and Lawrence L. Moise III, County Attomey this the __day of 2021 in County, Va

NOTARY PUBLIC My Commission expires: My Registration # is,

Russell County Board of Supervisors

By (SEAL) Rebecca Dye, Chairman 137 Highland Drive Lebanon, Va. 24266 Telephone: 276-889-8000 Fax: 276-889-8011

ATTEST: (SEAL) Lonzo Lester County Administrator APPROVED AS TO FORM: (SEAL)

Katie Patton, Esq., County Attorney

COMMONWEALTH OF VIRGINIA, AT LARGE, to wit:

NOTARY PUBLIC My Commission expires: My Registration # is

USER AGREEMENT Page | 12

Board of Supervisors Action Item D-1 – D-8 137 Highland Drive Presenter: Administrator Lebanon, VA 24266

                      Meeting: 4/5/21             6:00 PM

County Administrator Reports & Requests The County Administrator Reports & Request for April 2021:

REPORTS

2021 March Special Election – Senate of Virginia…………………………………D-1
Notice of Decertification of Electronic Poll Book Software ………………………D-2
VDH COVID-19 Vaccine Event – Castlewood High School (4/7/21)…………….D-3

REQUESTS

Tourism Advisory Committee By-Laws……………………………………………….D-4
VDOT Resolution – Gilmer Subdivision Rd & Grand Haven Dr.…………………D-5
Cigarette & Meal Tax Public Hearing…………………………………………………D-6
Deputy Emergency Management Coordinator Position……….…………………D-7
BOS Budget Work Session…………………………………………………………….D-8

STAFF RECOMMENDATION(s): Board Discretion.

SUGGESTED MOTION(s): Board Discretion.

ATTACHMENTS:

• Various

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

www.russellcountyva.us

http://www.russellcountyva.us/ http://www.russellcountyva.us/ Board of Supervisors Action Item D-1 - D-8

137 Highland Drive Presenter: Administrator Lebanon, VA 24266

Meeting: 4/5/21 6:00 PM

County Administrator Reports & Requests The County Administrator Reports & Request for April 2021:

REPORTS

2021 March Special Election — Senate of Virginia…
Notice of Decertification of Electronic Poll Book Software …
VDH COVID-19 Vaccine Event — Castlewood High School (4/7/21

REQUESTS

Tourism Advisory Committee By-Laws.
VDOT Resolution — Gilmer Subdivision Rd & Grand Haven Dr…
Cigarette & Meal Tax Public Hearing…
Deputy Emergency Management Coordinator Position…
BOS Budget Work Session.

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

ABSTRACT of VOTES

Cast in RUSSELL COUNTY, VIRGINIA at the 2021 March Special - Senate of Virginia Election held on March 23, 2021 for,

Member Senate of Virginia District: 038

NAMES OF CANDIDATES ON THE BALLOT TOTAL-VOTES RECEIVED

(IN FIGURES) {T.TravisHackworth - Republican a “29771 |Laurie A. Buchwald - Democratic 670) |Total Write-In votes [From Write-Ins Certifications] 4 [Valid Write-Ins + Invalid Write_ins = Total Write In Votes} | Total Number of Overvotes for Office i 0

We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on March 23, 2021, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the Member Senate of Virginia

Given under our hands this eth day of March , 2024 Ness. § Gunde , Chairman

NhEL! Stl . Vice Chairman De Q weer] , Secretary a Ye’. , Secretary

RUSSELL COUNTY OFFICE OF VOTER REGISTRATION COURTHOUSE ANNEX 96 RUSSELL ST

PO BOX 383 LEBANON, VA 24266

Diana R. Shorter Phone: 276-889-8006 General Registrar & Director of Elections E-mail: [email protected]

March 29, 2021

RE: Notice of Decertification of Electronic Poll Book Software

To the Members of the Board of Supervisors:

The State Board of Elections has notified all localities in the state of Virginia that current electronic pollbook solutions will be decertified on July 31, 2021. This includes our DemTech Advocate software which designs and manages the pollbooks for each of the precincts. All equipment must be compatible with the newly certified software, Centerpoint ePollTAB v1.0 by December 31, 2021.

The laptops currently in use were sent to Russell County in 2015 compliments of the Department of Elections and operational memory was added in 2019. We are working with DemTech Voting Solutions to assess the hardware’s compatibility with the new software and review options to upgrade the equipment.

The Electoral Board will relay further information as soon as it is available.

Sincerely,

Diana R. Shorter GR

RUSSELL COUNTY OFFICE OF VOTER REGISTRATION COURTHOUSE ANNEX 96 RUSSELL ST PO BOX 383 LEBANON, VA 24266

Diana R. Shorter Phone: 276-889-8006 General Registrar & Director of Elections E-mail: [email protected] March 29, 2021

RE: Notice of Decertification of Electronic Poll Book Software

To the Members of the Board of Supervisors:

The Electoral Board will relay further information as soon as it is available. Sincerely,

Diana R. Shorter GR

Johnson &. johnson

Ca5~lewood High School

Johnson & Johnson COVID-19 Vaccination Drive-Thru Clinic

Castlewood High School

Wednesday, April 7’* 12PM-6:40PM

Please call (804)664-4207 for an appointment

Partners: Russell County, Virginia Department of Health-Cumberland Plateau Health District, Virginia Army National Guard, Russell County Emergency Management, Cleveland Lifesaving Crew, and Dante Rescue Squad

Russell County Tourism Advisory Committee

By-Laws

I. PURPOSE

Section 15.2-5505 of the Code of Virginia, 1950, as amended, provides that the County shall appoint a committee of at least five members to serve on a local tourism advisory committee. Accordingly, pursuant to the aforesaid Code Section, this committee is established to promote tourism in Russell County, participate and assist in the planning of the Heart of Appalachia Tourism Authority and develop a tourism development plan for Russell County.

Code § 15. 2-5505. Establishment of local tourism advisory committees reads:

Each of the participating localities in the LENOWISCO and Cumberland Plateau Planning District Commissions shall establish a local tourism advisory committee to promote tourism in the participating locality, participate and assist in the planning of the regional Tourism Development Authority and develop a tourism destination plan for its participating locality.

The Tourism Director, working with the tourism advisory committee chair, shall provide a slate of recommendations to the local governing body, which shall then appoint five or more appointees representing the travel industry, which includes lodging, restaurants, attractions, outdoor recreation, events or parks, or any community leaders with terms determined by the governing body, and who may be reappointed. The Tourism Director shall work with the chairman of the tourism advisory committee to facilitate regular meetings of the tourism advisory committee.

II. RESPONSIBILITIES AND DUTIES

A. The Russell County Tourism Advisory Committee (hereafter, “the Committee”) shall have all the responsibilities and duties as currently set forth in Section 15.2-5505 of the Code of Virginia (1950) and as may be set forth in subsequent amendments to Section 15.2-5505.

B. In addition to the foregoing statutory responsibilities and duties, the Commonwealth shall have the following additional responsibilities and duties:

To determine and establish general policies to be followed by the Committee as it seeks to carry out the purposes for which it was established.

C. The Committee shall have no authority to enter into any contract or incur any obligation on behalf of

the Board of Supervisors of Russell County.

The Committee shall provide such information as required to assist the County Administrator in preparing an annual budget for the financing of the program of Tourism.
The Committee shall maintain a strategic plan committee with the responsibility of recommending long range projects for inclusion in the county comprehensive plan.

III. APPLICATION FOR & ACCEPTANCE OF GIFTS & GRANTS

Pursuant to Section 15.2-5507 of the Code of Virginia (1950), as amended, the Russell County Tourism

Advisory Committee is authorized to apply for, accept and expend gifts, grants, or donations from public or

Russell County Tourism Advisory Committee

By-Laws

PURPOSE

Code § 15.

Establishment of local tourism advisory committees reads:

Bach of the participating localities in the LENOWISCO and Cumberland Plateau Planning District ‘Commissions shall establish a local tourism advisory committee to promote tourism in the participating locality, participate and assist in the planning of the regional Tourism Development Authority and develop «a tourism destination plan for its participating locality

The Tourism Director, working with the tourism advisory committee chair, shall provide a slate of recommendations to the local goveming body, which shall then appoint five or more appointees representing the travel industry, which includes lodging, restaurants, attractions, outdoor recreation, events or parks, or any community leaders with terms determined by the governing body, and who may be reappointed. The Tourism Director shall work with the chairman of the tourism advisory committee to facilitate regular meetings of the tourism advisory committee.

RESPONSIBILITIES AND DUTIES,

B. In addition to the foregoing statutory responsibilities and duties, the Commonwealth shall have the following additional responsibilities and duties:

To determine and establish general policies to be followed by the Committee as it seeks to carry out the purposes for which it was established.

C. The Committee shall have no authority to enter into any contract or incur any obligation on behalf of the Board of Supervisors of Russell County.

1, The Committee shall provide such information as required to assist the County Administrator in preparing an annual budget for the financing of the program of Tourism.

The Committee shall maintain a strategic plan committee with the responsibility of recommending long range projects for inclusion in the county comprehensive plan.

APPLICATION FOR & ACCEPTANCE OF GIFTS & GRANTS

private sources to enable them to carry out their objectives. The Board of Supervisors will serve as the fiscal agent for any funds received, and such funds shall be executed according to county policy.

IV. MEMBERSHIP

A. There shall be seven voting members, one from each district of the Russell County Board of Supervisors and one “at large” supervisor, who shall serve at the will and pleasure of the Board of Supervisors. The County Administrator and Tourism Coordinator shall serve as ex officio members (with no right to vote). The tourism coordinator and chair shall present to the Board of Supervisors a slate of recommendations representing the travel industry and community leaders which may be appointed. Terms: Each voting member shall serve a term of four years. Any member seeking appointment or re-appointment must submit an application to the Russell County Board of Supervisors no later than two months prior to term expiration.

B. The following organizations shall have a non-voting seat on the committee: Chambers of Commerce

(operating in Russell County) and each incorporated town of Russell County. These organizations shall make their appointees known to the Tourism Coordinator each November.

C. The Board of Supervisors may replace any member, voting or nonvoting, who is absent for three (3) consecutive unexcused absences.

D. Vacancies occasioned by removal, resignation, or otherwise shall be reported to the Board of Supervisors and shall be filled in like manner as to that member’s original appointment.

E. No member expenses shall be reimbursed unless received from the Russell County Tourism donation account and approved in advance by the Tourism Committee.

V. OFFICERS

A. The officers shall be elected at the organizational meeting each year to serve for one (1) year. No officer shall serve more than two (2) consecutive terms.

VI. MEETINGS

A. The committee shall meet in regular session bi-monthly on dates established by the committee.

B. Special meetings may be called by the Chairperson or on written request of at least two (2) members. The time, place and purpose of such special meetings is to be designated in the notice of such call. Unless all members present at such meetings, or all members sign a written waiver of notice of such special meeting, only such business matters as were identified in the call of the special meeting shall be considered.

C. The time and place for the special and regular meetings shall be designated by the Chairperson with approval of two (2) members of the Committee.

D. A regular meeting held in November of each year shall be called the organizational meeting. The purpose of this meeting shall be the election of officers, the establishment of a meeting time and place and other business that may need to come before such meetings.

IV.

VI.

MEMBERSHIP

‘A. There shall be seven voting members, one from each district of the Russell County Board of Supervisors and one “at large” supervisor, who shall serve at the will and pleasure of the Board of Supervisors. The County Administrator and Tourism Coordinator shall serve as ex officio members (with no right to vote). The tourism coordinator and chair shall present to the Board of Supervisors a slate of recommendations representing the travel industry and community leaders which may be appointed. Terms: Each voting member shall serve a term of four years. Any member seeking appointment or re-appointment must submit an application to the Russell County Board of Supervisors no later than two months prior to term expiration,

B. The following organizations shall have a non-voting seat on the committee: Chambers of Commerce (operating in Russell County) and each incorporated town of Russell County. These organizations shall make their appointees known to the Tourism Coordinator each November.

C. The Board of Supervisors may replace any member, voting or nonvoting, who is absent for three (3) consecutive unexcused absences.

D. Vacancies oe¢

joned by removal, resignation, or otherwise shall be reported to the Board of Supervisors and shall be filled in like manner as to that member’s original appointment.

E, No member expenses shall be reimbursed unless received from the Russell County Tourism donation aceount and approved in advance by the Tourism Committee.

OFFICERS

A, The officers shall be elected at the organizational meeting each year to serve for one (1) year. No officer shall serve more than two (2) consecutive terms.

MEETINGS. A. The committee shall meet in regular session bi-monthly on dates established by the committee.

B. Special meetings may be called by the Chairperson or on written request of at least two (2) members. The time, place and purpose of such special meetings is to be designated in the notice of such call Unless all members present at such meetings, or all members sign a written waiver of notice of such special meeting, only such business matters as were identified in the call of the special meeting shall be considered,

C. The time and place for the special and regular meetings shall be designated by the Chairperson with approval of two (2) members of the Commitee

E. Fifty-one percent (51%) of the committee membership shall constitute a quorum at any regular or special meeting.

F. The chairman of the board of supervisors, may, by and with consent of that Board, on recommendation of the committee, remove any member of the committee for misconduct or neglect of duty. Members are expected to prioritize attending meetings. After missing one (without prior notification) meeting, the member will receive a letter from the Chair of the committee. If the third consecutive meeting is not attended or four meetings within twelve (12) months, the committee shall recommend removal of the member to the board of supervisors.

G. Up to two members of the committee may participate in a meeting of the committee by means of a conference telephone or similar communications equipment allowing all persons participating in the meeting to hear each other at the same time. Participation by conference call shall be on a first come first serve basis and must have approval, of at least one week prior, from the chairperson. Each member is allowed one conference call per calendar year.

H. Committee members shall serve without monetary compensation.

I. All meetings are open to the public.

J. All voting members shall have equal voting privileges and any vote resulting in a tie shall be considered a failed outcome.

VII. COUNTY ADMINISTRATOR, TOURISM COORDINATOR AND OFFICERS

A. County Administrator’s and Tourism Coordinator’s Roles:

The County Administrator and Tourism Coordinator or their appointed representative(s) shall have a continuing responsibility to inform the Committee as to its membership, responsibilities, working relations, program objectives and generally provides assistance with regard to matters related to good organization. The County Administrator and Tourism Coordinator or their representative(s) shall work closely with the Committee in matters of interest to the operation of the efficient program and shall inform the Committee of interests, needs, objectives, progress, lands, and other matters of importance to the Committee’s purposes. The County Administrator in conjunction with the Tourism Coordinator shall act as the communication liaison between the Committee and the Russell County Board of Supervisors and its employees.

B. Chairperson’s Role:

Preside at all meetings, sign official papers as authorized by the Committee on behalf of the

Committee and as authorized by the Board of Supervisors, have authority to appoint committees, call special meetings when deems advisable or appropriate and perform all such duties as usually handled by a chairperson, except when such duties are properly delegated by the Chairperson.

C. Vice Chairperson’s Role:

Preside in the absence of the Chairperson and may discharge any other duties of the

Chairperson during their absence. The Vice-Chairperson shall be charged with the responsibility to see that all standing and temporary committees function as contemplated by the Chairman. In the absence of both the Chairperson and the Vice-Chairperson at any duly called meeting, the voting members who are present at such duly called meeting, shall choose one of their number to act as Chairperson Pro Tempore who shall perform the duties of the Chairperson at such meeting.

Vil.

Fifty-one percent (51%) of the committee membership shall constitute a quorum at any regular or special meeting.

The chairman of the board of supervisors, may, by and with consent of that Board, on recommendation of the committee, remove any member of the committee for misconduct or neglect of duty. Members are expected to prioritize attending meetings. After missing one (without prior notification) meeting, the member will receive a letter from the Chair of the committee. If the third consecutive meeting is not attended or four meetings within twelve (12) months, the committee shall recommend removal of the member to the board of supervisors,

Up to two members of the committee may participate in a meeting of the committee by means of a conference telephone or similar communications equipment allowing all persons participating in the ‘meeting to hear each other at the same time. Participation by conference call shall be on a first come first serve basis and must have approval, of at least one week prior, from the chairperson, Each ‘member is allowed one conference call per calendar year.

‘Committee members shall serve without monetary compensation. All meetings are open to the public.

All voting members shall have equal voting privileges and any vote resulting in a tie shall be considered a failed outcome.

COUNTY ADMINISTRATOR, TOURISM COORDINATOR AND OFFICERS

©.

County Administrator’s and Tourism Coordinator’s Roles:

‘The County Administrator and Tourism Coordinator or their appointed representatives) shall have a continuing responsibility to inform the Committee as to its membership, responsibilities, working relations, program objectives and generally provides assistance with regard to matters related to good organization, The County Administrator and Tourism Coordinator or their representative(s) shall work closely with the Committee in matters of interest to the operation of the efficient program and shall inform the Committee of interests, needs, objectives, progress, lands, and other matters of importance to the Committee’s purposes. The County Administrator in conjunction with the Tourism Coordinator shall act as the communication liaison between the Committee and the Russell County Board of Supervisors and its employees.

Chairperson’s Role:

1, Preside at all meetings, sign official papers as authorized by the Committee on behalf of the Committee and as authorized by the Board of Supervisors, have authority to appoint committees, call special meetings when deems advisable or appropriate and perform all such duties as usually handled by a chairperson, except when such duties are properly delegated by the Chairperson.

Vice Chairperson’s Role:

Preside in the absence of the Chairperson and may discharge any other duties of the Chairperson during their absence. The Vice-Chairperson shall be charged with the responsibility to see that all standing and temporary committees function as contemplated by the Chairman. In the absence of both the Chairperson and the Vice-Chairperson at any duly called meeting, the voting members who are present at such duly called meeting, shall choose ‘one of their number to act as Chairperson Pro Tempore who shall perform the duties of the Chairperson at such meeting

D. Secretary’s Role:

The Secretary shall be an employee of Russell County, Virginia, assigned such duty by the County

Administrator. The secretary shall maintain the minutes of the meetings and issue notices of meetings as provided herein. Minutes of all meetings shall be kept and retained by County Administrators Office.

E. Treasurer’s Role:

The Treasurer shall be an employee of Russell County, Virginia, assigned such duty by the County Administrator. The Treasurer shall be responsible for maintaining accounts and records of such funds as become available to the committee, provided that all funds appropriated by the Board shall be administered by the County Administrator rather than by the Treasurer.

F. The offices of Secretary and Treasurer may be combined if approved by the County Administrator. In

that event, the individual so acting shall be the Tourism Coordinator.

VIII. FINANCIAL AND ADMINISTRATIVE MATTERS

A. The Russell County Tourism Department shall provide necessary staff, office, and other support to the committee, including proactive tourism promotion programs and publications as developed and/or endorsed by the committee subject to available funds and guidelines of the Board of Supervisors.

B. Funds available for the committee’s work shall be administered through the aforesaid Office of

Community Development consistent with County policies and procedures. Financial records shall be maintained for the committee by the Tourism Department and be subject to the policies governing all other county administrative offices, including availability for public inspection and audit.

C. No individual member of the Committee shall make representations or commitments on Russell County’s or the Committee’s behalf without formal approval or endorsement by the majority of the membership of the Board of Supervisors or majority of the membership of the committee, respectively.

IX. AMENDMENT OF BY-LAWS

The Committee shall adopt by-laws, rules and regulations governing its procedures which are not
inconsistent with or in violation of State and local laws, and which are approved in form by the Russell

County Board of Supervisors. These by-laws may be amended, repealed, or altered in whole or in part by a majority of the voting members at any regular or special meeting of the Committee, provided that proposals for such action are made available in writing to the voting Committee members at least one week prior to such meeting. All such amendments are provisional until approved by formal resolution of the Board of Supervisors of Russell County.

X. RULES OF ORDER

The current parliamentary procedure as laid down in the current edition of Roberts Rules of Order Newly

Revised shall govern all meetings of the committee in which they are applicable and in which they are not inconsistent with these by-laws and any special rules this committee may adopt.

Amended by the Tourism Committee at a regular meeting held on the 16th day of March 2021.

Adopted this 5th day of April 2021.

VIL

Ix.

D. Secretary’s Role:

1, The Secretary shall be an employee of Russell County, Virginia, assigned such duty by the County Administrator. The secretary shall maintain the minutes of the meetings and issue notices of meetings as provided herein. Minutes of all meetings shall be kept and retained by County Administrators Office.

E. Treasurer’s Role:

1, The Treasurer shall be an employee of Russell County, Virginia, assigned such duty by the County Administrator. The Treasurer shall be responsible for maintaining accounts and records of such funds as become available to the committee, provided that all funds appropriated by the Board shall be administered by the County Administrator rather than by the Treasurer.

F, The offices of Secretary and Treasurer may be combined if approved by the County Administrator. In that event, the individual so acting shall be the Tourism Coordinator.

FINANCIAL AND ADMINISTRATIVE MATTERS

B. Funds available for the committee’s work shall be administered through the aforesaid Office of ‘Community Development consistent with County policies and procedures. Financial records shall be ‘maintained for the committee by the Tourism Department and be subject to the policies governing all other county administrative offices, including availability for public inspection and audit.

AMENDMENT OF BY-LAWS

‘The Committee shall adopt by-laws, rules and regulations governing its procedures which are not inconsistent with or in violation of State and local laws, and which are approved in form by the Russell County Board of Supervisors. These by-laws may be amended, repealed, or altered in whole or in part by a majority of the voting members at any regular or special meeting of the Committee, provided that proposals for such action are made available in writing to the voting Committee members at least one week prior to such meeting. All such amendments are provisional until approved by formal resolution of the Board of Supervisors of Russell County.

RULES OF ORDER ‘The current parliamentary procedure as laid down in the current edition of Roberts Rules of Order Newly

sed shall govern all meetings of the committee in which they are applicable and in which they are not ent with these by-laws and any special rules this committee may adopt.

Amended by the Tourism Committee at a regular meeting held on the 16" day of March 2021.

Adopted this Sth day of April 2021.

   ________________________ 
   REBECCA DYE 
   Chairperson

ATTEST:

Lonzo Lester Clerk of the Board

REBECCA DYE Chairperson

EST:

Lonzo Lester Clerk of the Board

From: John Bolling To: Lonzo Lester Cc: Buchanan, Jeffrey; William Counts Subject: Grand Haven Dr & Gilmer Subdivision Rd Date: Monday, March 8, 2021 2:17:33 PM Attachments: 0999-083 no cost RA SKETCH.pdf

AM4.3 UPC 57053.pdf 33.2-705 NO COST RURAL ADDITION RESOLUTION SAMPLE_ Oct 2014.docx

Lonzo,

In working on snow maps for the residency I found two routes in the VDOT inventory that are not accounted for: Gilmer Subdivision Rd & Grand Haven Dr. In order to fix this mistake, I need to do an addition assembly for Grand Haven Dr. Attached are the sample resolution, Form AM4.3, and project sketch. The Lebanon Residency requests that this item be added to the April 5th BOS agenda.

Gilmer Subdivision Rd (0.20 mile) is the remaining portion of Rte 654 north of Lebanon corporate limits that remained in the VDOT system subsequent to Lebanon assuming maintenance of its streets. Because this section is so far separated from the rest of Rte 654 (which is entirely south of Lebanon corp limits), it is being re- numbered to Route 998. Grand Haven was originally designated as Rte 899, but because it was not properly added when the project was done in 2001, Rte 899 was assigned to a different route in 2016. To eliminate a double numbering issue, Grand Haven Drive will numbered as Route 999 instead. This is relevant in that the project number for Grand Haven Dr from 2001 is 0899-083-387.

Please contact me if you have any questions or if the date of the BOS meeting changes.

Thank you, John Bolling Architect/Engineer I Virginia Department of Transportation Lebanon Residency 1067 Fincastle Rd. Lebanon, VA (276) 889-7601: Office (276) 623-7199: Mobile

mailto:[email protected] mailto:[email protected] mailto:[email protected] mailto:[email protected]

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NCL LEBANON

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SECONDARY RTE MARKER

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998

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SECONDARY RTE MARKER

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999

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RENUMBER

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0.21

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0.20

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(OLD RTE 654)

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ROUTE 999: GRAND HAVEN DR. RURAL ADDITION UPC 57053: PROJ. 0899-083-387

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GRAND HAVEN DR

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GILMER SUBDIVISION RD

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BRISTOL DISTRICT LEBANON RESIDENCY RUSSELL COUNTY (083)

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LEGEND:

ADDITION:

RE-NUMBER:

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RTE 998: 40 FT RIGHT OF WAY (DB 468, PG 818 & DB 506, PG 414) RTE 999: 40 FT RIGHT OF WAY (DB 506, PG 417)

BRISTOL DISTRICT LEBANON RESIDENCY RUSS COUNTY (083)

RE-NUMBER FROM RTE 654

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= a a < 3

ad Q i) 0 cy o w

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RTE 998

998 | NCLLEBANON rte999 =| (0.20 |

0 FT RIGHT OF WAY (DB 468, PG 818 & DB 506, PG 414)

SEGMENT|ROUTE

In Russell County by Resolution of the governing body adopted April 05, 2021

37506026

The following VDOT Form AM-4.3 is hereby attached and incorporated as part of the governing body’s resolution for changes to the secondary system of state highways.

A Copy Testee Signed (County Official):_______________________________________________ Report of Changes in the Secondary System of State Highways

Project/Subdivision: 0899-083-387 (UPC 57053)

Addition - Rural (CTB Policy No Cost) §33.2-705

Rte Numb er Street Name From Termini To Termini Length

Num ber Of Lan es

Recordation Reference

Row Widt h

999

Grand Haven Drive Route 998 [B]

0.21 mi E Rte 998 [C] 0.21 2

DB 506, Pg 417 20

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http://vdotbusinessobjects:8080/BOE/OpenDocument/opendoc/openDocument.jsp?iDocID=ARN1OAvanrRFhEbXkYg.0aY&sIDType=CUID&sType=wid&lsMEnter value(s) for Icr Id=37506026

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40 ft

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Right of Way Width

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Signed (County Official)

In Russell County 37506026 by Resolution of the governing body adopted Apri 05,2021

The following VDOT Form AM-4.3 is hereby attached and incorporated as part of the governing body’s resolution for changes to the secondary system of state highways.

ACopy Testes Signed (County Official): Report of Changes in the Secondary System of State Highways

Project/Subdivision: 9g99-083-387 (UPC 57053)

Addition - Rural (CTB Policy No Cost) §33.2-705

Route Number Right of Number ofLanes er Recordation Width Street Name FromTermini ToTermini Length Reference Grand 0.21 mié Haven Rie 998 DB 506, Pg 999. Drive Route 9988] [C] 0212 air 40 ft

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	Report 1

	Addition

	Rural (CTB Policy No Cost) §33.2-705

	Rural (CTB Policy No Cost) §33.2-705

From: John Bolling

To: ‘Lonzo Lester ce: Buchanan, Jeffrey; Willam Counts Subject: GGrand Haven Dr & Gilmer Subdivsion Re Date: Monday, March 8, 2021 2:17:33 PM Attachments:

‘AM4.3 UPC 57053,pdf "33.2:705 NO COST RURAL ADDITION RESOLUTION SAMPLE Oct 2014,cocx

Lonzo,

In working on snow maps for the residency | found two routes in the VDOT inventory that are not accounted for: Gilmer Subdivision Rd & Grand Haven Dr. In order to fix this mistake, | need to do an addition assembly for Grand Haven Dr. Attached are the sample resolution, Form AM4.3, and project sketch. The Lebanon Residency

requests that this item be added to the April 5" BOS agenda.

Please contact me if you have any questions or if the date of the BOS meeting changes.

Thank you, John Bolling

Architect/Engineer | Virginia Department of Transportation Lebanon Residency

1067 Fincastle Rd.

Lebanon, VA

(276) 889-7601: Office

(276) 623-7199: Mobile

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

www.russellcountyva.us

The Board of Supervisors of Russell County, in regular meeting on the 5th day of April 2021, adopted the following:

RESOLUTION

WHEREAS, the Lebanon Residency Office of the Virginia Department of Transportation recommends that the street(s) referenced in this Board’s resolution be added to the secondary system of state highways as a no-cost rural addition pursuant to Section 33.2-705 and Commonwealth Transportation Board policy, because the street(s) meets current minimum standards, the condition of the existing hard surface is serviceable, the street(s) has provided continuous public service since its establishment on March 14, 2000 and currently serves at least three occupied residential dwellings.

WHEREAS, the Lebanon Residency Office of the Virginia Department of Transportation confirms that no Department funds are required to improve the street(s) described on the attached addition sketch and form AM-4.3 to meet current minimum design or maintenance standards of the Department.

NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add segment B-C described on the attached sketch and form AM-4.3 to the secondary system of state highways, pursuant to Section 33.2-705, Code of Virginia and the Rural Addition Policy of the Commonwealth Transportation Board of the Virginia Department of Transportation, and.

BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right of way, as described on the attached form AM-4.3, and any necessary easements for cuts, fills and drainage, and

BE IT FURTHER RESOLVED, this Board requests that segment A-B be accordingly re- numbered as part of the secondary system of state highways, and

BE IT FINALLY RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer of the Virginia Department of Transportation.

Russell County Virg| nia

“The Heart of Southwest 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 County Administrator

‘The Board of Supervisors of Russell County, in regular meeting on the 5" day of April 2021, adopted the following:

RESOLUTION

BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right of way, as described on the attached form AM-4.3, and any necessary easements for cuts, fills and drainage, and

BE IT FURTHER RESOLVED, this Board requests that segment A-B be accordingly re- numbered as part of the secondary system of state highways, and

BE IT FINALLY RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer of the Virginia Department of Transportation.

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

RESOLVED this 5th day of April 2021, by the following vote:

Recorded Vote:

Moved by: ______________ ___ Seconded by: __________________

Yeas: ________ Nays: ________
________________________________ Rebecca Dye, Chairperson Russell County, Virginia

RESOLVED this 5" day of April 2021, by the following vote: Recorded Vote:

Moved by: Seconded by

Rebecea Dye, Chairperson Russell County, Virginia

In Russell County by Resolution of the governing body adopted April 05, 2021

37506026

The following VDOT Form AM-4.3 is hereby attached and incorporated as part of the governing body’s resolution for changes to the secondary system of state highways.

A Copy Testee Signed (County Official):_______________________________________________ Report of Changes in the Secondary System of State Highways

Project/Subdivision: 0899-083-387 (UPC 57053)

Addition - Rural (CTB Policy No Cost) §33.2-705

Rte Numb er Street Name From Termini To Termini Length

Num ber Of Lan es

Recordation Reference

Row Widt h

999

Grand Haven Drive Route 998 [B]

0.21 mi E Rte 998 [C] 0.21 2

DB 506, Pg 417 20

Page: 1/1

http://vdotbusinessobjects:8080/BOE/OpenDocument/opendoc/openDocument.jsp?iDocID=ARN1OAvanrRFhEbXkYg.0aY&sIDType=CUID&sType=wid&lsMEnter value(s) for Icr Id=37506026 John.Bolling Typewritten Text 40 ft

John.Bolling Text Box Right of Way Width

John.Bolling Text Box Number of Lanes

John.Bolling Text Box Route Number

John.Bolling Highlight Signed (County Official)

In Russell County 37506026 by Resolution of the governing body adopted Apri 05,2021

The following VDOT Form AM-4.3 is hereby attached and incorporated as part of the governing body’s resolution for changes to the secondary system of state highways.

ACopy Testes Signed (County Official): Report of Changes in the Secondary System of State Highways

Project/Subdivision: 9g99-083-387 (UPC 57053)

Addition - Rural (CTB Policy No Cost) §33.2-705

Route Number Right of Number ofLanes er Recordation Width Street Name FromTermini ToTermini Length Reference Grand 0.21 mié Haven Rie 998 DB 506, Pg 999. Drive Route 9988] [C] 0212 air 40 ft

Page: 4/1

John.Bolling PolyLine

John.Bolling Typewritten Text NCL LEBANON

John.Bolling Text Box A

John.Bolling Text Box B

John.Bolling Text Box C

John.Bolling SECONDARY RTE MARKER

John.Bolling Typewritten Text 998

John.Bolling SECONDARY RTE MARKER

John.Bolling Typewritten Text 999

John.Bolling Text Box RENUMBER

John.Bolling Text Box 0.21

John.Bolling Text Box 0.20

John.Bolling Typewritten Text (OLD RTE 654)

John.Bolling Typewritten Text ROUTE 999: GRAND HAVEN DR. RURAL ADDITION UPC 57053: PROJ. 0899-083-387

John.Bolling North Arrow

John.Bolling Stamp

John.Bolling Typewritten Text GRAND HAVEN DR

John.Bolling Typewritten Text GILMER SUBDIVISION RD

John.Bolling Image

John.Bolling Text Box BRISTOL DISTRICT LEBANON RESIDENCY RUSSELL COUNTY (083)

John.Bolling Text Box LEGEND:

ADDITION:

RE-NUMBER:

John.Bolling Line

John.Bolling Image

John.Bolling Text Box RTE 998: 40 FT RIGHT OF WAY (DB 468, PG 818 & DB 506, PG 414) RTE 999: 40 FT RIGHT OF WAY (DB 506, PG 417)

BRISTOL DISTRICT LEBANON RESIDENCY RUSS COUNTY (083)

RE-NUMBER FROM RTE 654

=

S =z uu a

z

= a a < 3

ad Q i) 0 cy o w

a N oS

RTE 998

998 | NCLLEBANON rte999 =| (0.20 |

0 FT RIGHT OF WAY (DB 468, PG 818 & DB 506, PG 414)

SEGMENT|ROUTE

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

1 2/24/2021 12:00:00 AM

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

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

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

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

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

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

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

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.

1 3/30/2021 12:00:00 AM

/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.

1 3/30/2021 12:00:06

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.

2 3/30/2021 12:00:00 AM

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.

2 3/30/2021 12:00:06

Code of Virginia Title 58.1. Taxation Subtitle III. Local Taxes Chapter 38. Miscellaneous Taxes Article 7.1. Food and Beverage Tax § 58.1-3834. Apportionment of food and beverage or meals tax In any case where a business is located partially within two or more local jurisdictions by reason of the boundary line between the local jurisdictions passing through such place of business, and one or more of the local jurisdictions imposes the food and beverage or meals tax, the tax rate shall be computed by applying the apportionment formula in § 58.1-3709 to the food and beverage or meals tax rate of each applicable local jurisdiction. Such apportioned rate shall be rounded to the nearest one-half percent. 1993, c. 104; 2020, cc. 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.

1 3/30/2021 12:00:00 AM

/vacode/58.1-3709/ http://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1214 http://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1263 Code of Virginia

Title 58.1. Taxation

Subtitle III. Local Taxes

Chapter 38. Miscellaneous Taxes Article 7.1. Food and Beverage Tax

§ 58.1-3834. Apportionment of food and beverage or meals tax

In any case where a business is located partially within two or more local jurisdictions by reason of the boundary line between the local jurisdictions passing through such place of business, and one or more of the local jurisdictions imposes the food and beverage or meals tax, the tax rate shall be computed by applying the apportionment formula in § 58.1-3709 to the food and beverage or meals tax rate of each applicable local jurisdiction. Such apportioned rate shalll be rounded to the nearest one-half percent.

1993, c. 104; 2020, cc. 1214, 1263.

1 3/30/2021 12:00:06

                    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/??/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

03/12/21 Budget Expenditures Compiled

03/12/21 Revenue Projections Compiled

03/18/21 Budget Committee Workshop

03/25/21 Budget Committee Workshop

04/77/21 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

MONTHLY BANK BALANCES

February 28, 2021

Regular Account 2,335,514.14 Employee Insurance 4,825,381.87 Employee Claims Account 1,000.00 Non-Judicial Reals Estate Sales 3,145.24 Russell Co. Housing Fund 4,424.36 School Textbook 62,352.84 Sheriff Domestic Violence 1,526.49 Petty Cash Treasurer 217.80 Sheriff Seized Assets 55,220.81 Sheriff Restitution 12,895.90 Sheriff Forfeited Assets 33.70 Comm Attorney Forfeited Assets 34,709.13 Sheriff Federal Forfeited Assets 7,525.26 Comm Attorney Fed Justice Forfeited Assets 134,610.00 Commonwealth Attorney Abanoned Property 500.00 Sheriff Federal Justice Forfeited Assets 7,917.73 Sheriff Calendar Fund 857.31 Sheriff Special Projuects 39,751.83 SSI Recipients 1,200.06 First Sentinel Bank 4,000.00 Bank of Honaker 1,000.00 New Peoples Bank 1,000.00 Certificates of Deposit General 49,575.00 Treasurer’s Money Market 2,892,204.55 Certificate of Deposit Library Donations 24,788.80 Total Cash In Bank 10,495,361.82 Cash In Office 4,600.00 Petty Cash 100.00

TOTAL CASH 10,497,061.82

DATE February 28, 2021 ACCOUNT DEBIT CREDIT

Cash in Office 7,600.00 Cash in Bank 710,495,361.82 Petty Cash 700.00 General Fund 087,020.22 Non-Judicial Real Estate Sales 3,145.24 ‘Sheriff In State Trip 30,861.95 ‘Sheriff Dare Fund 700.00 ‘Sheriff Seized Assets 55,229.81 ‘Sheriff Restitution 12,895.90 ‘Sheriff Forfeited Assets 33.70 ‘Comm Attorney Forfeited Assets 37,709.13 ‘Honaker Library Donations 24,783.87 Russell County Housing Fund 4,424.36 ‘Sheriff Federal Forfeited Assets 7,525.26 ‘Sheriff Domestic Violence 7,526.49 ‘Comm Attomey Abanoned Prop 500.00 ‘Comm Attomey Fed Justice 134,610.00 ‘Sheriff Fed Justice Forfeited 7,917.73 ‘Sheriff Calendar Fund 867.31 Sheriffs Special Projects 30,751.83 Social Services (360,819.94) ‘Swva Asap 73,499.94 ‘Coal Road Improvement 438,069.65 CSA (485,767.56) ‘School Fund (92,005.29) ‘School Food. 831,783.17 School Textbook 62,352.84 Regional Adult Education 250,402.53, Petty Cash Treasurer 217.80 COVID 19 367,286.24 Litter Fund Trash Pickup (21,673.04) Current Credit (0.78) Current Debit 14.44 Title XX 17,321.05 SSI Recipients 7,200.06 Damage Stamp Fund 2,823.98 Valley Heights 73,114.78 Dante Sewer $3,706.00 Employee Health Insurance 4,825,381.87 Employee Insurance Claims 7,000.00 Law Library. 57,735.27 Special Welfare 48,371.41 Housing Fund #2 7,700.00 ‘Russell Co Health & Fimess 732,865.92. ‘Canner (168,463.06) WIB 10,051.75 Total 710,497,061.82 40,497,061.82

February 11, 2021 The Regular monthly meeting of the Industrial Development Authority of Russell County, Virginia was held on February 11, 2020 at 5:30 P.M. via conference call pursuant to the Russell County Emergency Ordinance of April 6, 2020.

MEMBERS PRESENT: Ernie McFaddin, Chairman Richard Lockridge, Vice Chairman Carlton Elliott, Secretary Roger Sword, Member Tony Dodi, Member John Stamper, Member Jarred Glass, Member Donnie Christian, Member

ABSENT: Scott Gilmer, Member

STAFF: Katherine Patton, Attorney The Chairman called the meeting to order at 5:31 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 Russel! County, Virginia to approve the minutes of the December 10, 2020 Meeting.

The Roll Call Vote was: Aye: R. Lockridge, C. Elliott, T. Dodi, R. Sword, D. Christian, J. Stamper, J. Glass Absent: 8. Gilmer

Nay: None

The Chairman called for a moment of silence for the Ben Chafin Family. FINANCIAL REPORT

Upon motion made by Richard Lockridge, second by Donnie Christian, and duly approved by the Industrial Development Authority of Russell County,

Virginia to approve the financial report for November 2020, December 2020, January 2021 and pay invoices presented.

‘The Roll Call Vote was: Aye: R. Lockridge, C. Elliott, T. Dodi, R. Sword, D. Christian, J. Stamper, J. Glass Absent: 8. Gilmer

Nay: None

PUBLIC/GUEST PRESENTATIONS, No guest presentations.

ATTORNEY’S REPORT ‘The attorney reported the closings for projects with J.K. Musick and Greg, Hancock occurred this week.

‘The Attorney asked the IDA board to accept a resolution in memory of Ben Chafin.

Upon motion made by Donnie Christian, second by Tony Dodi, and duly approved by the Industrial Development Authority of Russell County, adopting a Resolution celebrating the life and service of Honorable Augustus Benton Chafin. The Chairman and Secretary are hereby authorized to sign all documentation relating to this resolution,

The Roll Call Vote was: Aye: R. Lockridge, C, Elliott, T. Dodi, R. Sword, D. Christian, J. Stamper, J. Glass Absent: 8. Gilmer

Nay: None

CHAIRMAN’S REPORT ‘The chairman reported the Russell Place property has been purchased including both sides of the road.

CLOSED SESSION Upon motion made by Tony Dodi, second by Donnie Christian and duly approved by the Industrial Development Authority of Russell County, Virginia to enter Closed Session as permitted by, VA Code #2.2-3711 (1) Personnel (3) Property (5) Prospective unannounced industry (7) & (8) Legal Counsel.

The Roll Call Vote was: Aye: R. Lockridge, C.

lliott, T. Dodi, R. Sword, D. Christian, J. Stamper, J. Glass

Absent: $. Gilmer Nay: None

RECONVENE TO PUBLIC SESSION Upon motion made by Richard Lockridge, second by Donnie Christian, and

duly approved by The Industrial Development Authority of Russell County, Virginia, the Chairman called the meeting back into regular session and requested

the “Certification Motion after reconvening in Public Session”.

The Roll Call Vote was:

Aye: R. Lockridge, C. Elliott, T. Dodi, R. Sword, D. Christian, J. Stamper, J. Glass Absent: 8. Gilmer

Nay: None

CERTIFICATION AFTER RECONVENING IN PUBLIC SESSION ‘The Industrial Development Authority of Russell County, Virginia hereby certifies that, in the closed session just concluded, nothing was discussed except the matter or matters (1) specifically identified in the motion to convene in closed session and (2) lawfully permitted to be so discussed under the provision of the Virginia Freedom of Information Act cited in that motion.

The Roll Vote Was:

Ernie McFaddin Yes Donnie Christian Yes Carlton Elliott Yes Jarred Glass Yes Scott Gilmer Absent David Mullins Yes Tony Dodi Yes Richard Lockridge Yes

Roger Sword Yes

MOTIONS FROM CLOSED SESSION Upon motion made by Donnie Christian, second by Tony Dodi, and duly approved by The Industrial Development Authority of Russell County, Virginia authorizing the chairman to enter into a temporary use agreement with the Soccer Association for the property adjacent to the government center property, also asking the Soccer Association to seed and fertilize the field. The chairman and secretary are hereby authorized to sign all documentation relating to this project.

‘The Roll Call Vote was: Aye: R. Lockridge, C. Elliott, T, Dodi, R. Sword, D. Christian, J. Stamper, J. Glass Absent: S. Gilmer

Nay: None

Upon motion made by Roger Sword, second by Richard Lockridge, and duly approved by the Industrial Development Authority of Russell County, Virginia authorizing the chairman to apply for AML Pilot funds for Project Reclaim to be used for utility improvements to the site, ‘The chairman and secretary are hereby authorized to sign all documentation relating to this project.

‘The Roll Call Vote was: Aye: R. Lockridge, C. Elliott, T. Dodi, R. Sword, D. Christian, J. Stamper, J. Glass Absent: S. Gilmer

Nay: None

Upon motion made by Tony Dodi, second by Donnie Christian, and duly approved by the Industrial Development Authority of Russell County, Virginia authorizing the chairman to apply for funding from the Virginia Brownfields Restoration & Economic Redevelopment Assistance Fund for the Russell Place project. The chairman and secretary are hereby authorized to sign all documentation relating to this project.

The Roll Call Vote was: Aye: R. Lockridge, C. Elliott, T. Dodi, R. Sword, D. Christian, J. Stamper, J. Glass

Absent: S. Gilmer Nay: None

Upon motion made by Roger Sword, second by Richard Lockridge, and duly approved by the Industrial Development Authority of Russell County, Virginia authorizing the chairman to submit a request to the Russell County Board of Supervisors in support of applying for funds from the CPROP program to support the Russell Place project. The chairman and secretary are hereby authorized to sign all documentation relating to this project.

The Roll Call Vote was:

Aye: R. Lockridge, C. Elliott, T. Dodi, R. Sword, D. Christian, J. Stamper, J. Glass Absent: S. Gilmer

Nay: None

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 submit payment deferral requests to VCEDA, CPPDC and VCC for Polycap. The deferral request will be for a period of 6

months. The chairman and secretary are hereby authorized to sign all documentation relating to this project.

‘The Roll Call Vote was: Aye: R. Lockridge, C. Elliott, T. Dodi, R. Sword, D. Christian, J. Stamper, J. Glass Absent: S. Gilmer

Nay: None

Upon motion made by Donnie Christian, second by Tony Dodi, and duly approved by the Industrial Development Authority of Russell County, Virginia authorizing the chairman to request funds from USDA to support the NxtGen Welding Services request. Upon receipt of these funds, we hereby authorizing the chairman to execute a loan agreement with NxtGen Welding Services for up to $10,000 for the purchase of equipment. The chairman and secretary are hereby authorized to sign all documentation relating to this project.

The Roll Call Vote was: Aye: R. Lockridge, C. Elliott, T. Dodi, R. Sword, D. Christian, J. Stamper, J. Glass Absent: S. Gilmer

Nay: None

Upon motion made by Tony Dodi, second by Richard Lockridge, and duly approved by the Industrial Development Authority of Russell County, Virginia authorizing the chairman to finalize the proposed lease terms with the Department of Probation and executing the lease upon approval of counsel. ‘The chairman and secretary are hereby authorized to sign all documentation relating to this project.

The Roll Call Vote was:

Aye: R. Lockridge, C. Elliott, T. Dodi, R. Sword, D. Christian, J. Stamper, J. Glass Absent: S. Gilmer

Nay: None

Upon motion made by Tony Dodi, second by Donnie Christian, and duly approved by the Industrial Development Authority of Russell County, Virginia authorizing the chairman to procure funding for the Probation project not to exceed one million dollars. ‘The chairman and secretary are hereby authorized to sign all documentation relating to this project.

The Roll Call Vote was: Aye: R. Lockridge, C. Elliott, T. Dodi, R. Sword, D. Christian, J. Stamper, J. Glass

Absent: S. Gilmer Nay: None

Upon motion made by Richard Lockridge, second by Roger Sword, and duly approved by the Industrial Development Authority of Russell County, Virginia authorizing the chairman to negotiate contract services to digitize and upgrade IDA project files to meet audit requirements, The chairman and secretary are hereby authorized to sign all documentation relating to this transaction.

The Roll Call Vote was: Aye: R. Lockridge, C. Elliott, T. Dodi, R. Sword, D. Christian, J. Stamper, J. Glass Absent: 8. Gilmer

Nay: None

Upon motion made by Roger Sword, second by Donnie Christian, and duly approved by the Industrial Development Authority of Russell County, Virginia authorizing the chairman and attorney to take the steps necessary for the IDA to have rules in place to continue the electronic meetings.

The Roll Call Vote ws Aye: R. Lockridge, C. Elliott, T. Dodi, R. Sword, D. Christian, J. Stamper, J. Glass Absent: S. Gilmer

Nay: None

PUBLIC COMMENT No public comment

ADJOURNMENT Upon motion made by Donnie Christian, second by Richard Lockridge, and duly approved by the Industrial Development Authority of Russell County, Virginia adjourning this meeting at 7:30 PM

‘The Roll Call Vote we Aye: R. Lockridge, C. Elliott, T. Dodi, R. Sword, D. Christian, J. Stamper, J. Glass Absent: S. Gilmer

Nay: None

MINUY IRECTORS’ ME)

ING.

MINUT vice Authority held at held a March 2021 at 6:00 PM,

‘SOF THE MONTHLY ME 1371

‘ORS of The Russell County Public ighland Drive Lebanon, VA 24266 on this 16th day of

‘The following members were present, constituting a quorum (4): Carter McGlothlin, Chairman; Cuba Porter, Viee Chairman; Donnie Christian, Treasurer; Chris Dye; Clifford Hes: David Edmonds, Jr; Joe Huff; and Rhonda Lester,

Dismissed himself at 7:07 PM)

Also present Harvey Hart, RCPSA Direetor James Baker, T&L;

Rita Baker, T&L:

Katie Patton, Legal Counsel; Kristie Kiser; and

Prank Horner

All 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.

Carter MeGlothlin acted as Chairperson of the meeting and Rhonda Lester as Secretary of the meeting,

Harvey Hart opened the meeting with the Pledge of Allegiance followed by a prayer led by Cuba Porter

Approve Agenda - Motion to approve the agenda as read made by Donnie Christian, and unanimously adopted

seconded by Clifford H.

Minutes of the last meeting dated February 16, 2021 were reviewed and, motion to approve as read made by Cuba Porter, seconded by Donnie Christian, and unanimously adopted.
Carter MeGilothlin, Chairman welcomed everyone to the meeting and the floor was left open for individuals to address the board. Public comments were given as follows:

Kristie Kiser addressed the Board on behalf of her father Frank Homer whose home located at 47 Clark Street was lost by fire on March 9, 2021, Ms. Kiser advised the Board that the fire hydrant located near her father’s home was not in working order at the time the fire occurred, Ms. Kiser expressed her concern regarding the fire hydrants that are not in working order within

the county and appealed to the Board to resolve this i advised Ms. Kiser that the PSA had already begun the process of applying for the funding for repair and/or replacement of the nonworking hydrants within the county. Harvey Hart, Director explained that the PSA was doing an audit of each hydrant in the system and identifying the ones that need repairs to make sure they are bagged-off. He also advised that hhe would be meeting with the county Fire Departments to inform them of the hydrants that are in need of repair and/or are not in working order. Carter McGilothlin, Chairman expressed his condolences and thanked Ms. Kiser for her feedback regarding the issue and advised her that if any other information is needed that the PSA would be glad to provide it to her.

ie. Carter McGlothlin, Chairman

Harvey Hart, RCPSA Director, presented to the meeting:

Motion to adopt financial reports as presented made by Clifford He: and unanimously adopted.

-conded by Cuba Porter,

Harvey Hart, RCPSA Director, presented to the meeting:

Rita Baker with Thompson & Litton presented to the mé from February 16, 2021 to date:

ng the following project updates

¢ BELFAST PH I Installed 1,293 LF of 6-inch line, 50 LF road crossing, (2) 6-inch gate valves, and (2) service meters. A progress/management team meeting is scheduled for 03/18/2021 at 10:00 AM.

DANTE SEWER PROJECT A Zoom meeting w/ CPPDC to discuss the DHCD Application was held on 03/15/21

Motion to approve having legal counsel drafi a letter to RCBOS regarding enforeing the

mandatory availability ordinance for water and sewer for the Dante Sewer Project in order to apply for funding by April 1, 2021 made by Chris Dye, seconded by Donnie Christian, and

unanimously adopted,

Old Business to Discu

Wells; Chris Dye and Harvey Hart will get information to legal counsel for review,

Chris Dye inquired about auctioning the property of the Green Valley

14, New Business to Discuss:

a) Motion to go into executive session pursuant to VA code 2.2-3711 (A) (7) and (8)

Consultation with legal counsel regarding system fire hydrants

and Crossroads Engineering citlement Agreement & Release of Claims regarding the SCADA Project made by Donnie Christian, seconded by Chris Dye, and unanimously adopted

Motion made by Chris Dye seconded by ¢ Directors to return to regular session.

ford Hess, and duly approved by the Board of

Pursuant to § 2.2-3712(D) of the Code of Virginia 1950, as amended each member of the Board of Directors upon the Roll Call certifies that to the best of their knowledge () 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 mecting was convened were heard, discussed or considered in the meeting by the Board of Directors.

Any member of the Board of Directors who believes that there was a departure from the requirements of clauses (1) and (ii) above shall so state prior to the vote, indicating the substance of the departure that, in his or her judgment, has taken place

A roll call vote was taken. Carter MeGlothlin: Yes Clifford Hess: Yes Cuba Porter: Yes

Chris Dye: Yes

Joe Hult: Yes

i¢ Christian; Yes Edmonds, Jr.: Yes

By a majority vote, motion to return to regular ses

jon was approved

b) Motion to approve Crossroads Engineering Settlement Agreement & Release of Claims: regarding the SCADA Project made by Clifford Hess, adopted

econded by Donnie Christian, and

©) Motion to approve bidding out the trencher and belt press on GovDeals made by Donnie Christian, seconded by Clifford Hess, and adopted.

Motion to approve donating a surplus tractor to Appalachian Gateway Horse & ‘Trail

Association made by Donnie Christian, seconded by David Edmonds, dr, and adopted. ¢) Motion {0 approve the removal of non-used service meters with a 30-day notice n

Chris Dy

seconded by Clifford Hess and adopted,

Motion to table the discussion for Disconnection for Nonp

ment Policy (Friday Lock-ofts)

toa later date made by David Edmonds, Jr., seconded by Clifford Hess, and adopted,

Carter MeGlothlin appointed a committee that consists of himself, Harvey Hart, and Chris Dye to meet with the Russell County Administrator regarding VRA 0% Interest Loan Deferrals.

15, Matters presented by the Board: None

16, There being no further business to come before the meeting. a motion to adjourn at 7:57 PM made by Donnie Ch ‘onded by Chris Dye, and adopted

The next meeting is scheduled for April 20, 2021 at 6:00 PM

Dated in the C lth of Virginia Z y

ated in the Commonwealth of Virginia on Kudo , Ze

the 16th day of March 2021, — (Signature)

Secretary Name: Rhonda Lest

P.O Box 1208 office: 276-889-8000 137 Highland Drive cell: 276-254-0014 Lebanon, VA 24266 |: [email protected]

COUNTY VIRGINIUN

March highlights

© Constructed new modemized and updated website for Experience Russell with IT department. Learned how to operate new website platform. Was to be launched April 1. Will coincide with new marketing boost in magazines, Facebook, Instagram, Fish Virginia First and rack cards.

Reviewed and approved financial items for Heart of Appalachia as a check signer.

© Assisted production team that was interested in using the Russell County Fair Grounds for Easter music videos. Met on site with RC Fair and Horse Show President Donna Meade to look at the grounds and new

upgrades.

© Met group of students at Old Courthouse Love sign from UVA-Wise that were completing a community assessment on Russell Co. for their nursing program. Participated in an interview that they needed of a local stakeholder.

© Had call in meeting with local Virginia Tourism Corporation representative. Discussed new objectives for remaining WanderLove grant funding as contractor fell through on Ap project that was submitted under the grant. Subsequently received approval of new marketing plans from Angela Wiggins at VTC.

‘© Assisted in showing area for preparation of event to be held at Russell County Government Center parking lot by the Town of Lebanon.

March 16 TAC meeting highlights:

istrator Lonzo Lester and Heart of Appalachia Director David Woodard attended meeting. ite and they were subsequently passed by the committee,

-County adr They both review bylaws with the con

-Worked on gathering information from committee members for rack card project.

-Planned marketing at outdoor events held during 2021

Russell County Tourism Advisory Committee (T.A.C.) Committee Meeting Minutes January 19,2021; Lebanon Fire Hall Meeting Room, 6:30 P.M.

Committee Members

Jim Lyttle, Chair

Jennifer Chumbley, Secretary Alice Meade Vice Chair Victoria Gent - Treasurer Jamie Ball ~ not present Maddie Gordon

Danny Altizer

Ex-Officio: Heather Powers, RC County Tourism Coordinator

Staff N/A

Attendance from the Public:

Call Meeting to Order: Jim Lyttle called the August 18,2020 Russell County Tourism Advisory Committee Meeting to order at 6:30 pm.

Approval of Minutes: October 20, 2020 meeting minutes, motion by Alice Meade to approve minutes, Victoria Gent seconds.

Motion carries.

Additions to the Agenda/Open Comments:

A motion was made by Jennifer Chumbley to approve the agenda. The motion was properly seconded by Mattie Gordon and the motion carried.

‘OLD BUSINESS:

TREASURER’S REPORT:

Heather reported $1007.60 in the donation account and line item has $3000 held out which we will need to figure out. Jim little made a motion to allow Jennifer Chumbley to serve as treasurer until Victoria Gent returns from maternity leave. The motion was properly seconded by Allice Meade and the motion carried. Heather went over the Wanderlove Grant and other line items in the budgeted amount, There is $5000 grant remaining for the app to be built and there is some outstanding checks.

Rack Cards

Committee discussed five categories to design rack cards and options for design, and the best benefits to get people to the locations such as GPS locations. It was further discussed if subcommittees should work on the rack cards or if the committee should work on them together. The committee decided to volunteer for each category, and Heather will be point of contact for all cards. Camping/Hiking/Waterfalls, Lodging/Dining, Shops/Specialty shops Historical/Genealogy, Veterans — Mattie will do Waterfalls, Danny will do Hiking and Camping, Jennifer and Alice will take Lodging/Dining, Historical/Genealogy will be Jim, Shops/Specialty shops will be Victoria. The deadline will be April to have the information ready for rack cards.

Calendars Heather put together Calendars to give out to local businesses that have helped with the effort. A special of $7 per calendar will the cost of remaining calendars.

Website

Heather has reported the website to Shannon Ray and he had hoped to make a list format, but the photos stopped uploading as well as the mapping system discontinued. He further advised that something is running in the background causing it to be suspended, Jacob with the county IT has contacted Shannon to try to get the website up and running. Heart of Appalachia is $2500 per year donation for dues, which is over the TAC and therefore the website, Heather spoke to Lonzo and they will get the website set up on the county site.

Meeting Times: A motion was made by Alice Meade to have the next meeting at Pat’s Diner from Spm to 7pm on the 34 Tuesday of every other month. The motion was properly seconded by Danny Alitzer and the motion carried.

Menu’s (Pat’s Diner)

Jim Lyttle advised it is $195.00 per year for advertising in Pat’s Diner Menu which would be the size of business card. Alice Meade made a motion to advertise in Pat’s Diner New Menu. The motion was properly seconded by Victoria Gent and motion carried.

New Business:

Crooked Roads Jim Lyttle advised the meeting was cancelled that he and Heather were supposed to meet about Crooked Roads due to Covid.

Community Presentations: Jim Lyttle suggested that we could show our video and give update to BoS or do an Open House for the public, Heather advised that Lonzo said we would have to see how things are as meetings are supposed

to be as short as possible due to COVID situation. Jim Lyttle advised once the schools reopen fully, we could use the Little Theatre to show our presentation.

Scholarship

Last year’s scholarship has cleared, and it is time for new scholarship student to be chosen. Currently we have $500 in donations which is allocated for scholarship. Jim Lyttle advised he would like to see it up to $1000 and he is willing to donate $200, Victoria will donate $100, Maddie will donate $100 and Danny will donate $100. This will be a $1000 scholarship awarded based on points to a student meeting the qualifications with priority in tourism related field. The committee determined that the entire committee will be part of awarding the scholarship based on the point system used for those types of awards. The deadline will be April 15, 2021 to finalize the winner of the scholarship.

Events: Jim Lyttle discussed that the committee should be looking at option outside of Russell County border once the state opens back up, such as hospitality tents and other events that we can set up.

Comments: ‘The committee commented about the Christmas Tree Decorating Lebanon or possible float for tourism

in parades.

Dates to Remember: Next regular TAC meeting

be March 16, 2021 at 5:00pm located at Pat’s Diner.

Adjourn: Alice Meade made a motion to adjourn at 7:45pm and the motion was properly seconded by Jennifer

‘Chumbley and approved by TAC. The next Russell County Tourism Advisory Committee Meeting was scheduled to take place on March 16, 2021 at SPM be held at the Pat’s Diner.

x Chair Signature

Prepared By: Jennifer Chumbley Tourism Advisory Committee Secretary

Russell County Tourism Advisory Committee

By-Laws

PURPOSE

Section 15,2-5505 of the Code of Virginia, 1950, as amended, provides that the County shall appoint a committee of at least five members to serve on a local tourism advisory committee. Accordingly, pursuant aforesaid Code Section, this committee is established to promote tourisin in Russell County, ite and assist in the planning of the Heart of Appalachia Tourism Authority and develop a tourism development plan for Russell County

Code § 15. 2-5505, Establishment of local tourism advisory committees reads:

Each of the participating localities in the LENOWISCO and Cumberland Plateau Planning District ‘Commissions shall establish a local tourism advisory committee to promote tourism in the participating locality, participate and assist in the planning of the regional Tourism Development Authority and develop a tourism destination plan for its participating locality.

‘The Tourism Ditector, working with the tourism advisory committee chair, shall provide a slate of recommendations to the local governing body, which shall then appoint five or more appointees representing the travel industry, which includes lodging, restaurants, attractions, outdoor recreation, events cor parks, or any community leaders with terms determined by the governing body, and who may be reappointed. The Tourism Director shall work with the chairman of the tourism advisory committee to facilitate regular meetings of the tourism advisory committee

RESPONSIBILITIES AND DUTIES

‘A. The Russell County Tourism Advisory Committee (hereafter, “the Committee”) shall have all of the responsibilities and duties as currently set forth in Section 15.2-5505 of the Code of Virginia (1950) and as may be set forth in subsequent amendments to Section 15.2-5505.

B. In addition to the foregoing statutory responsibilities and duties, the Commonwealth shall have the following additional responsibilities and duties:

To determine and establish general policies to be followed by the Committee as it seeks to carry out the purposes for which it was established.

C. The Committee shall have no authority to enter into any contract or incur any obligation on behalf of the Board of Supervisors of Russell County,

The Committee shall provide such information as required to assist the County Administrator in preparing an annual budget for the financing of the program of Tourism,
The Committee shall maintain a strategic plan committee with the responsibility of recommending long range projects for inclusion in the county comprehensive plan.

Mm.

APPLICATION FOR & ACCEPTANCE OF GIFTS & GRANTS

Pursuant to Section 15.2-5507 of the Code of Virginia (1950), as amended, the Russell County Tourism Advisory Committee is authorized to apply for, accept and expend gifts, grants or donations from public or private sources to enable them to carry out their objectives. The Board of Supervisors will serve as the fiscal agent for any funds received, and such funds shall be executed according to county policy.

MEMBERSHIP

‘A. There shall be seven voting members, one from each district of the Russell County Board of Supervisors and one “at large” supervisor, who shall serve at the will and pleasure of the Board of Supervisors. The County Administrator and Tourism Coordinator shall serve as ex officio members (with no right to vote). The tourism coordinator and chair shall present to the Board of Supervisors @ slate of recommendations representing the travel industry and community leaders which may be appointed. Terms: Each voting member shall serve a term of four years. Any member seeking appointment or re-appointment must submit an application to the Russell County Board of Supervisors no later than two months prior to term expiration,

C. The Board of Supervisors may replace any member, voting or nonvoting, who is absent for three (3) consecutive unexcused absences,

D. Vacancies occasioned by removal, resignation, or otherwise shall be reported to the Board of Supervisors, and shall be filled in like manner as to that member’s original appointment.

E. No member expenses shall be reimbursed unless received from the Russell County Tourism donation account and approved in advance by the Tourism Committee,

OFFICERS,

‘A. The officers shall be elected at the organizational meeting each year to serve for one (1) year. No officer shall serve more than two (2) consecutive terms

MEETINGS

A. The committee shall meet in regular session bi-monthly on dates established by the committee.

B. Special meetings may be called by the Chairperson or on written request of at least two (2) member ‘The time, place and purpose of such special meetings is to be designated in the notice of such call. Unless all members present at such meetings, or all members sign a written waiver of notice of such special meeting, only such business matters as were identified in the call of the special meeting shall be considered,

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The time and place for the special and regular meetings shall be designated by the Chairperson with approval of two (2) members of the Committee.

A regular meeting held in November of each year shall be called the organizational meeting. The purpose of this meeting shall be the election of officers, the establishment of a meeting time and place and other business that may need to come before such meetings.

Fifty-one percent (51%) of the committee membership shall constitute a quorum at any regular ot special meeting,

‘The chairman of the board of supervisors, may, by and with consent of that Board, on recommendation of the committee, remove any member of the committee for misconduct or neglect of duty. Members are expected to prioritize attending meetings. After missing one (without prior notification) meeting, the member will receive a letter from the Chait of the committee. If the third consecutive meeting is not attended or four meetings within twelve (12) months, the committee shall recommend removal of the member to the board of supervisors.

Up to two members of the committee may participate in a meeting of the committee by means of a conference telephone or similar communications equipment allowing all persons participating in the meeting to hear each other at the same time, Participation by conference call shall be on a first come first serve basis and must have approval, of at least one week prior, from the chairperson, Each member is allowed one conference call per calendar year.

Committee members shall serve without monetary compensation. All meetings are open to the public.

All voting members shall have equal voting privileges and any vote resulting in a tie shall be considered a failed outcome,

COUNTY ADMINISTRATOR, TOURISM COORDINATOR AND OFFICERS

County Administrator’s and Tourism Coordinator’s Roles:

‘The County Administrator and Tourism Coordinator or their appointed representative(s) shall have a continuing responsibility to inform the Committee as to its membership, responsibilities, working relations, program objectives and generally provides assistance with regard to matters related to good organization. The County Administrator and Tourism Coordinator or their representative(s) shall work closely with the Committee in matters of interest to the operation of the efficient program and shall inform the Committee of interests, needs, objectives, progress, lands and other matters of importance to the Committee’s purposes. The County Administrator in conjunction with the Tourism Coordinator shall act as the communication liaison between the Committee and the Russell County Board of Supervisors and its employees.

Chairperson’s Role:

Preside at all meetings, sign official papers as authorized by the Committee on behalf of the Committee and as authorized by the Board of Supervisors, have authority to appoint committees, call special meetings when deems advisable or appropriate and perform all such

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IX,

duties as usually handled by a chairperson, except when such duties are properly delegated by the Chairperson,

C. Vice Chairperson’s Role:

2, Preside in the absence of the Chairperson and may discharge any other duties of the Chairperson during their absence. ‘The Vice-Chairperson shall be charged with the responsibility to see that all standing and temporary committees function as contemplated by the Chairman, In the absence of both the Chairperson and the Vice-Chairperson at any duly called meeting, the voting members who are present at such duly called meeting, shall choose one of their number to act as Chairperson Pro Tempore who shall perform the duties of the Chairperson at such meeting

D, Secretary’s Role:

I. The Secretary shall be an employce of Russell County, Virginia, assigned such duty by the County Administrator. ‘The secretary shall maintain the minutes of the meetings and issue notices of meetings as provided herein. Minutes of all meetings shall be kept and retained by County Administrators Office.

BE. Treasurer’s Role:

The Treasurer shall be an employee of Russell County, Virginia, assigned such duty by the County Administrator. The Treasurer shall be responsible for maintaining accounts and records of such funds as become available to the committee, provided that all funds appropriated by the Board shall be administered by the County Administrator rather than by the Treasurer.

‘The offices of Secretary and Treasurer may be combined if approved by the County Administrator. In that event, the individual so acting shall be the Tourism Coordinator.

FINANCIAL AND ADMINISTRATIVE MATTERS

‘A. The Russell County Tourism Department shall provide necessary staff, office and other support to the committee, including proactive tourism promotion programs and publications as developed and/or endorsed by the committee subject to available funds and guidelines of the Board of Supervisors.

B. Funds available for the committee’s work shall be administered through the aforesaid Office of Community Development consistent with County policies and procedures. Financial records shall be ‘maintained for the committee by the Tourism Department and be subject to the policies governing all other county administrative offices, including availability for public inspection and audit.

AMENDMENT OF BY-LAWS

‘The Committee shall adopt by-laws, rules and regulations governing its procedures which are not inconsistent with or in violation of State and local laws, and which are approved in form by the Russell ‘County Board of Supervisors. These by-laws may be amended, repealed or altered in whole or in part by a ‘majority of the voting members at any regular or special meeting of the Committee, provided that proposals for such action are made available in writing to the voting Committee members at least one week prior to

such meeting, All such amendments are provisional until approved by formal resolution of the Board of Supervisors of Russell County.

RULES OF ORDER

The current parliamentary procedure as laid down in the current edition of Roberts Rules of Order Newly

Revised shall govern all meetings of the committee in which they are applicable and in which they are not inconsistent with these by-laws and any special rules this committee may adopt.

Adopted this day of

Approved by the Boatd of Supervisors of Russell County, Virginia by resolution duly adopted at a regular meeting held the day of

Amended by the Tourism Committee at a regular meeting held on the 16" day of March, 2021.

Russell County Planning Commission March 15,2021

‘The Russell County Planning Commission met on Monday, March 15, 2021 at the Russell County Board of Supervisor’s Meeting Room at the Russell County Government Center, 133 Highland Dr ,Lebanon VA,

Members Present Members Absent Others Present Chairman Kirby Meadows Kevin Tiller Esq. Jack Compton Crystal White

Charlie Edmonds Wayne Young

Dustin Keith

John Mason

Roger Sword

‘Mark Mitchell

Vice Chair Andy Smith Oris Christian

Charlie Edmonds

Chairman Meadow called the meeting to order at 6:30 p. m. Invocation and pledge were given. Motion by Oris Christian seconded by Dustin Keith to approve the agenda, motion carried. February 15, 2021 meeting’s minutes were presented for approval. Motion by Jack Compton seconded by Oris Christain to approve minutes as ammended, motion carried.

Plats/transactions from January 19 through March 15, 2021 were reviewed. Kevin Tiller presented plats, all exempt from ordinance.

Marvin Amos plat was presented by Chairman Meadows. After discussion about the size of property to split a motion was made by Jack Compton seconded by Oris Chri existing water and sewer service on the property, motion carried.

to approve as exempt due to

Motion by Mark Mitchell seconded by Charlie Edmonds to approve Solar ordinance devolped by Roger Sword to be drafted into ordinance form by Attorney Kevin Tiller after consulting with Chairman Ernie

McFaddin. Motion carried.

There being nothing further to consider motion to adjourn was made by Charlie Edmonds, seconded by Oris Christain, motion carried,

Kirby Meadows, Chairman Mark Mitchell, Secretary

RUSSELL COUNTY CONFERENCE CENTER

March 1, 2021

‘The following is a list of the Russell County Conference Center events for the month of March.

Date Event Event Type Space o3/01/21 Virginia Health Vaccines Shots ‘Community Full Brian Stanley Event $0 03/08/21 Health Department Vaccines Shots Community Full Brian Stanley Event so o3t1i21 Election Officer Training Individual Full Diana Shorter Event $0 03/15/21 Health Department Vaccines Shots ‘Community Full Brian Stanley Event 30 osiei2t Mountain Movers Community Full Kevin Blankenship Event $0 03/17/21 ‘Commission of Revenue Christmas Dinner Individual Full Randy Wiliams Event $0 osgi21 Election Officer Training Individual Full Diana Shorter Event $0

03/20/24 Travis Hackworth BBQ Event Community Full Lee Ann Perrit Event $125 o3re2r21 Virginia Heath Department Vaccines Shots Community Full Brian Stanley Event 30 o3ia7r24 Teresa Price Individual Half Birthday Party Event $100 03/29/21 Health Department Vaccines Shot Community Full Brian Stanley Event $0

(Total: $225.00)

Final Total = $ 225.00

With the Governor Northam increase capacity we have the capacity to have events up to 90 person per event. We are still hosting the Russell County Department of Health Vaccines Shots Every Monday of this month.

THE RUSSELL COUNTY TRANSPORTATIO AND SAFETY COMISSION MET AT THE BONANZA RESTAURANT IN LEBANON VIRGINIA ON MARCH 9TH 2021

MEMBERS & GUEST PRESENT

EUGENE FERGUSON LINDA CROSS Mike O’Quinn — GARY DOTSON TIM LOVELACE JOHNNY JESSEE HENRY STINSON CARL RHEA HENRY KINCER (VIRTUAL)

GUARD RAILS

1-GUARD RAILS REPLACED AS DAMAGED

2-RT 58E 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 A WRECK

4-RT 80 DON STEVENS DR. GUARD RAIL DAMAGED BARTONS GARAGE SUBV. 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

7-RT- 58 CASTLEWOOD CROSS OVER AT THE PIZZA HUT DAMAGED

SHOULDER REPAIR AND POT HOLE

1-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 IN EARLY SUMMER

2Rt 195/949 needs signs warning of an intersection or/and watch vehicle turn. GIVEN TO BRISTOL DEPT. TRAFFIC

3-RT-58 WEST THE DITCH NEEDS TO BE PULLED AND THE PIPE CLEARED FORA FASTER FLOW. THE WATER IS COMING UP IN THE ROADWAY DURING HEAVY RAIN THUS CAUSING A HAZARD CONDITION ESPECIALLY DURING FREEZING WEATHER 4- RT 846 MARVIN HESS RD BRUSH COMING OUT INTO ROADWAY WILL BE SCHEDULED

5-Rt 615 Back Valley cracker neck area dips IN THE ROAD has been patched will fix better in the spring. Getting worse

6-RT-637 DRILL WYSOR VALLEY WATER FLOODING ALLEN HESS HOUSE

7-RT- 632 LYNN SPRING RD. A LARGE POT HOLE ON RIGHT SIDE OF THE BRIDGE 8-RT- 67 MAPLE GAP A CURVE NEEDS DELINATOR AND TRUCK ENTERING SIGNS

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 11-RT 63 LARGE POT ON THE INSIDE OF A CURVE BETWEEN THE CLINIC AND TRASH SITE ALSO RUFF

CONDITION IN BOTH LANES THE FIRST CURVE BEYOND THE CLINIC

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 82 CLEVELAND RD. BETWEEN LEBANON AND CLATTERBUCK NEEDS NO PARKING SIGNS

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 BETWEEN OAK GROOVE RD. AND OAK GROOVE SCHOOL.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. WILL PAVE THIS SUMMER 21-RT 80/902 RUFF INTERSECTION

SCHOOL BUS SAFETY AND OTHER CONCERNS

1- Rt.19 N / RT 80 INTERSECTION LINES NOT VISIBLE FOR TRAFFIC LANES-HANDLED IN BRISTOL

2-Rt 80 Blackford Bridge ruff possibility dropping down GETTING WORSE-BRIDGE CREW MADE AWARE WILL PASS ON TO BRISTOL WILL MILL AND PAVE IN THE

SPRING 3-Rt. 816 & 819 road narrow need delineator’s installed WILL GIVE TO SIGN

CREW FOR EVALUATION

ITEMS REPORTED CORRECTED

1-RT- 19 SRUFF POT HOLES BETWEEN VALERO AND THE WEIGH STATION

2-RT- 19 N BURKE ST NEAR GASFIELD AND THE NURSING STATION NEEDS A BETTER LINE OF SITE AND POSSIBLE SIGN INTICATING INTERSECTION OR CAUTION TURNING VEHICLES A SIGN HAS BEEN INSTALLED

3-RT 19 N / 775 NEAR THE GARABAGE DISPOSAL SEVERAL POT HOLES COLD PATCH COMING UP

4-RT- 71 N FINCASTLE SUBV. REQUEST SPEED LIMIT SIGNS NEED TO BE INSTALLED A CAUTION SIGN HAS BEEN INSTALLED

5-RT 609 HIGH POINT ROAD NEEDS SPEED LIMIT SIGNS INSTALLED THE BD. OF SUPRV. TO DO A RESOLUTION

FUTURE MAJOR SAFETY PROJECTS

1-RT 627 DANTE SAWMILL HOLLOW CURVE NEEDS WIDENED AT THE UPPER END NEAR THE BALLFIELD and also the one lane road near the R.R tracks TO HANDLE ANTICIPATED HEAVY TRAFFIC TO A CAMP SITE. 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 WILL BE FIXED THEN

3-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

6-Rt. 19 south exits 1 coal tipple hollow ramp needs to be extended

7- DANTE ON SEVERAL STREETS HAVE PARKING ISSUES NEED TO ENCOURAGE CITIZENS TO PARK IN A DESIGNATED SITE ADJACENT TO THEIRHOUSE, 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 KINCER

COMMISIOM MEMBER INFROMATION

BARBARA COX 971 1502 JOHNNY JESSEE 889 1563 LINDA CROSS 794 7618 TIM LOVELACE 971 0367 GARY DOTSON 7 62 9803 TONY MAXFIELD = 254 2492 EUGENE FERGUSON 210 8504 MIKE O’QUINN 701 7086 CARL RHEA 2543810 HENRY STINSON 873 4905 HENRY KINCER 889 7601

NEXT MEETING WILL BE APRIL 13TH 2021 WE THANK ALL WHO ARE INVOLVED IN KEEPING OUR ROADWAYS SAFE AND OUR GUEST PARTICAPTION

SAFETY IS A COMMITMENT! II!!! !!!PREPARED BY GARY DOTSON

Dante, VA 24273

Owner Comments Address Property Tax Map Ld. |4478 Red Oak Ridge |Warren & Lesha Kiser 13/1/2021: Presented to R.C.B.0.S-- recommended to procede with legal |Rd.Castlewood, VA 24224 158RSB 1831 jaction. Final Notification sent to property owner 2625 Banner St. St. |Beecher Mays & 13/12/2021 30- day notification sent to property owner to meet |Paul, VA 24283 Brenda Hammons 157 LIB 3294 Jcompliance fo Connie Jessee | Winchester Hotel Timmy or Kristy Lee 13/1/2021: observations presented to the R.C. B.0.S, recommended to 14414 Marsh jissue 30-day Notice and Public Notice. Retreat Rd. St. Paul, 157 RSA 1767 }3/2/2021: 30- day Notice to property owner sent. Public Notice IVA 24283 |published in Lebanon News beginning March 17,2021-March 24, 2021. [Gobble — (Trailer) iy Wyane Mary [3/1/2021: observations presented to the R.C. B.0.S, recommended to Elizabeth Gobble P.O. issue 30-day Notice and Public Notice. |Box 519 Castlewood, 138 R 2328 B2 |3/2/2021: Notice to property owner sent. Public Notice to be published VA 24224-399 Jin Lebanon News beginning March 24, 2021-March 31, 2021. 13/11/2021: RCBD received certified letter receipt card. Tim & Rendy Hale 192 Lower Bear |3/1/2021: Presented to R.C.B.0.S~ recommended to procede with legal Wallow 159 RIB 2189 jaction. 3/2/2021:

| Notification sent to property owner.

86 calls answered 8 dogs adopted 9 dogs owner reclaimed

34 dogs transferred to rescue

‘Animal Shelter Report March 2021

Library Board of Trustees Meeting Fssel Coun be Litany

_ Members Present - Members Absent _ Judy Ashbrook Sherry Lyttle Yvonne Dye ‘Ann Monk

Susan Breeding Sharon Sargent Karen Davis

__ Sharon Van Dyke*_ Karen Herndon

Vice-Chair Susan Breeding called the meeting to order 16 February 2021 at 5:08 pm.

Sharon VanDyke made and Judy Ashbrook seconded a motion to approve the agenda; motion passed.

Introductions

Minutes: Sharon Sargent made and Judy Ashbrook seconded a motion to approve the January minutes as with names correction; motion passed.

Communications: Financial: Sherry Lyttle made and Judy seconded a motion to approve the bills; motion passed. Staff Reports: Kelly McBride Delph reviewed the Activites and Director’s Reports.

Unfinished Busines:

New Business: Sherry made and Sharon VanDyke seconded a motion to present to the county the draft budget prepared by the budget committee; motion passed,

Review and Summary: Sharon Sargent made and Judy 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 BUCHANAN COUNTY:

Mr. Jeff Cooper Mr. Tim Hess

DICKENSON COUNTY:

Mr, Damon Rasnick Mr. Ronald Peters,

RUSSELL COUNTY:

Mr. Carl Rhea Mr. Tim Lovelace

Agenda |. March 18, 2021 CPRWMA Board of Directors Roll Call for Quorum.

Ml, a) Approval of Minutes of the February 22, 2021 meeting. Motion, Seconded;

Ill, Administrative Business a) Review CPRWMA Waste Stream Report February 2021 b) Approval of the Treasurer’s Report for the month of February 2021… ©) CPRWMA Attorney’s Report for February 2021… d) Litter and Recycling Report. IV. Old Business CPRWMA 2020 401(k) Audit… Motion: Seconded:

V. New Business

B) Officers 2021-2022.

… TAG Attachment

C) Approval to seek Quotes for Pressure Washing inside of Tipping Buildings.

VI. Correspondence VA Corp Dividend Credit. ~ Vil. Adjournment and Next Meeting. Chair or Vice Chair conducting the meeting: Motion: Minutes submitter

DICKENSON COUNTY:

Mr. Damon Rasnick Mr. Ronald Peters

CUMBERLAND PLATEAU RWMA:

CUMBERLAND

Mr. Toby F. Edwards, Executive Director PLATEAU

BUCHANAN COUNTY: RUSSELL COUNTY:

Mr. Jeff Cooper

Mr. Tim Hess ‘Mr. Carl Rhea

Mr. Tim Lovelace

Cumberland Plateau Regional Waste Management Authority Monthly Board Meeting Minutes February 22, 2021

lembers Present: Others Presen’

Damon Rasnick, Chairman Toby Edwards, Director Jeff Cooper RJ. Thornbury, Legal Counsel

Carl Rhea Saundra Honaker, Finance Officer

‘Tim Lovelace Brian Ferguson, Russell Co Transfer

Tim Hess Danny Davis, Buchanan Co Transfer Ronald E Peters (via phone) Richard Lee, BC Litter Officer

CALL TO ORDER: Chairman, Damon Rasnick, called the February 22, 2021

meeting of the Board of Directors to order at 5:05 PM QUORUM: A quorum was established.

ELECTRONIC PARTICIPATION: Pursuant to Code of Virginia Section 2.2-3708.2, upon notice provided to the Chair, Board Member Ronald Peters, participated by phone from Dickenson County, Virginia, as he could not attend physically due to being in CoVid-19 quarantine.

APPROVAL OF MINUTES: The minutes of the January 21, 2021 monthly meeting of the Board of Directors were presented for consideration. A motion was made by Jeff Cooper and seconded by Carl Rhea to approve the minutes as presented. Motion was ratified, voting as follows:

‘Tim Hess ~ Aye Carl Rhea ~ Aye Tim Lovelace- Aye Jeff Cooper ~ Aye Ron Peters - Aye Damon Rasnick - Aye

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 February 22, 2021 Page 2 of 4

ADMINISTRATIVE BUSINESS

WASTE STREAM REPORTS - January 2021; Toby Edwards reported a slight decrease in Russell & Buchanan counties and an increase in Dickenson county,

‘TREASURER’S REPORT — January 2021: Tim Lovelace presented the CPRWMA ‘Treasurer’s Report for the month of January 2021, reporting the total in the bank was $531,063.07 at the end of January. A motion to approve the report as

presented was made by Jeff Cooper and seconded by Tim Lovelace. 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 ~ January 2021: Rebecca Thornbury stated that the

User Agreements and Manpower Agreements are being presented for approval by the counties in anticipation that all will be approved by June, 2021,

Payment for meetings tabled from the January, 2021 meeting was clarified. The Articles of Incorporation state members must be present for payment. Board member electronic participation pursuant to applicable statutory provisions or executive orders from the Governor’s Office qualifies as “present” for purposes of payment. The Code of Virginia limits member electronic participation to two (2) times per year for personal reasons and no limitation for physical disability or other medical conditions including CoVid-19, Two previous payments made in error under these guidelines will be corrected with the March 1 Board payment.

‘The West Virginia Tire issue is not resolved, but no further action at this time.

LITTER AND RECYCLING REPORT: Household Hazardous Recycling days will be in April. Toby will bring flyers to next board meeting.

OLD BUSINESS REVIEW OF THE CURRENT 2020-21 OPERATING BUDGET: —_Due to the

increased cost of loader equipment repair (age of machinery) the budget amendments are recommended to move enough money to cover the deficit. A motion was made by Jeff Cooper and seconded by Tim Hess to move $12,000 from Station Maintenance to Loader/Equipment Maintenance to cover for the rest of the year. Motion was ratified, voting as follows:

‘Tim Hess - Aye Carl Rhea ~ Aye Tim Lovelace- Aye Jeff Cooper - Aye Ron Peters ~ Aye Damon Rasnick - Aye

2021-22 BUDGET FOR REVIEW AND APPROVAL: ‘Three budget proposals

were presented to the Board for review. After some discussion, the Board decided to approve Option C except decrease the Loader/Equipment maintenance for each county to $23,000.00 for a total of $499,900 for the total Overhead Expense which

Cumberland Plateau Regional Waste Management Authority Monthly Board Meeting Minutes February 22, 2021 Page 3 of 4

would equal $13,886.11 per county per month. This option would provide for the purchase of tire shearers for Russell and Dickenson Counties. A motion was made by Jeff Cooper and seconded by Carl Rhea to approve Option C with corrections. 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 Tim Lovelace and seconded by Carl Rhea to authorize Toby Edwards to attend each county Board of Supervisors meeting as the Authority representative to present the budget. Motion was ratified, voting as follows:

Tim Hess - Aye Carl Rhea - Aye

‘Tim Lovelace- Aye Jeff Cooper - Aye

Ron Peters ~ Aye Damon Rasnick - Aye NEW BUSINESS

USERS AGREEMENT WITH THE 3 COUNTIES: A motion was made by Jeff

Cooper and seconded by Tim Hess to ratify the dissemination of the User Agreement with no changes to the three member counties by the Executive Director. Motion was ratified, voting as follows:

‘Tim Hess - Aye Carl Rhea ~ Aye Tim Lovelace- Aye Jeff Cooper ~ Aye Ron Peters - Aye Damon Rasnick - Aye

2019-2020 FINANCIAL AUDIT:

FINALIZE THE PURCHASE OF THE TIRE MACHINES/SHEAR WITH BALANCE FY19- 20 FUNDING: Bostic & Tucker completed the 2019-20 Financial Audit, Ron Bostic met with Toby Edwards and Saundra Honaker and stated that everything was in good order and presented the official finance report that was provided to the Board. There was a surplus of $47,016 which the three counties had previously approved to remain with CPRWMA for this audit period for the purchase of tire shear machines. The breakdown of the surplus minus the purchases is:

Surplus $47,016.00 Tire Machines/Shear/Sheds $44,209.35 Money remaining $ 2,806.65

A motion was made by Tim Lovelace and seconded by Carl Rhea to approve the audit and to apply the purchase of the tire machine/shear/sheds against the surplus. Motion was ratified, voting as follows:

‘Tim Hess - Aye Carl Rhea - Aye ‘Tim Lovelace- Aye Jeff Cooper - Aye Ron Peters ~ Aye Damon Rasnick - Aye

‘The board members discussed how to handle the remaining balance. A motion was made by Tim Hess and seconded by Tim Lovelace to apply the remaining balance of

Cumberland Plateau Regional Waste Management Authority Monthly Board Meeting Minutes February 22, 2021 Page 4 of 4

$2,806.65 to the budget item of Equipment Maintenance since the cost of repair to the loaders has seen an increase this past year. Motion was ratified, voting as follows: Tim Hess - Aye Carl Rhea - Aye ‘Tim Lovelace- Aye Jeff Cooper - Aye Ron Peters - Aye Damon Rasnick - Aye

CORRESPONDENCE

ANNUAL DEO WASTE REPORTS:The Buchanan, Dickenson, and Russell county annual DEQ approvals were presented to the Board.

Richard Lee, litter officer with Buchanan County, discussed and reviewed ideas for better involvement in southwest Virginia litter control, He said in 1976 there was a model program developed that still applies to today. He encouraged the Board members to review the program and take back to their respective counties to become more concerned about the litter problems in southwest Virginia.

Special thanks to Brian and Richard for the work that they are doing at the transfer stations.

ADJOURNMENT AND NEXT MEETING The next Board meeting is scheduled for March 18, 2021 at 5:00 PM. The meeting will be held in person at the CPRWMA conference center.

A motion was made by Carl Rhea and seconded by Tim Lovelace to adjourn the meeting at 7:12 PM.

Tim Hess - Aye Carl Rhea - Aye Tim Lovelace- Aye Jeff Cooper — Aye Ron Peters - Aye Damon Rasnick - Aye

Secretary/Treasurer Date

‘Suman Paoay Regions! Waste Manogament Autor,

‘Cumberland Plateau Ragional Waste Management Authority Waste Stream Analysis Period: December 15th, 2020 to December 15th, 2024

Buchanan County zy

‘otae Tons Al (Perit “Teenage

3,005.20 636.79

101.63 0.00 1992.63, 0.00 “0.00 1182 644

Liter Piek-up 938 x 2030 ttegal Dumps 0.00 0.00 0.00 000 0.00 0.00 ‘000 ‘0.00 ‘0.00 ‘0.00 ‘0.00 ‘0.00 000 ory Sludge ‘000 0.00 0.00 0.00 0.00 ‘0.00- 0.00- ‘0.00 000 ‘0.00 ‘0.00 0.00 0.00 Carcass 050 042 on 0.00 0.00 ‘0.00 ‘0.00 ‘0.00 0.00 0.00 ‘0.00 0.00 1.03 [Storm Debris ‘000 0.00 1373 “ai634|

Town of Grinty 0.00 0.00 0.00 | 0.00 000 0.00 000 0.00 0.00 0.00 2.00

Dickenson County

Totals om si! Peron)

JonzuziFeo Feb 202satereh Mareh2021-Apm2021- May 2021-June June 221uly dy 221-Aug AuQ2ORE-Sept Sept 2421-Oct Oct 2H2t-ov 22 at ‘mt ‘lume Tomoge.

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jousehold

3o7.18 11885

432 000 22080 000 0.00 1349 0.00 0.00 0.00 0.00

Bins UT

2378 000

283.57 ‘000, ‘000

2245 ‘000 oor 0.00 0.00

ass

B08 13378

10060 ‘0.00 233.28 ‘000 0.00 1998 0.00 9.05, ‘0.00 0.00-

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candace Pe fon! as anszanar Auber, Russell County

Febatztitech arh202- Ap 221- ay 202/nw dune 221 y ly 2824Aog Avg HLSept Sepl"NE-Oet Oct ZAtey Nov 202U-Dee Toa toma fevtoeh| lwaste Material(s) sc20-Jen2ozvan 02Fab202- aor ‘agenatat—Mayatet ater a zat im at beat fmt ‘come “Tomage jousenoid Tisa13 11183 1879000 000 000 Too To O00 700 a0 ‘O00 ——sasaas [Commercial 12588 (98.49 12061 000-000-000 0.00 000 0.00 0.00 0.00 0.00 34298 (Construction :

Debris 9518 4428 4438 000000000 m0 0.00 0.00 0.00 0.00 0.00 10484 lvaraiash Waste 000 ‘000 ‘000 000000 0.00" 0.00 2.00 0.00 0.00 0.00 ‘0.00 0.00 tine Waste 000 0.00 0.00 000° 000 0.00 ‘0.00 (0.00 0.00 0.00 0.00 ‘0.00 0.00. industrial Waste 24.76 «28.23 sia | 000000 0.00 0.00 000 0.00 0.00 0.00 ‘0.00 mat [Roofing Waste 000 ‘0.00 0.00 090000000 000 000 0.00 0.00 0.00 ‘0.00 0.00 Hires 2147 382 4406 0.00000 0.00 0.00 0.00 ‘0.00 0.00 0.00 0.00 4405 White Goods ‘000 259 0.00 ‘000000000000 ‘0.00 0.00. 0.00 0.00 0.00 7259 Paltates 000 0.00 ‘0.00 000000 0.00" 0.00 ‘000 ‘00 0.00 ‘0.00 0.00 0.00 ory sludge 0.00 000 ‘0.00 ‘0000.00.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 [Contaminated

Recycle 0.00 00 oso 000 000 0.0 0.00 0.00 0.00 0.00 0.00 0.00 0.20 Mogal Dumpsite 383 ‘000 ‘096 ‘000000 0.00 0.00 0.00 0.00 0.00 0.00 0.00 49 Storm Debts 000 ‘0.00 0.00 000-000 o.00 00 0.00 000000 ‘0.00 00 0.00 Icareass 4at 230 435/000) 000000 0.00 00 0.00 ‘0.00 0.00 ‘0.00 806

[Town ofLetanon 000 000 000 ‘a00 0.00 000 0.00 ‘a0 [Town atHonaker 000 0.00 frown of Cleveland 0.00 ‘000 000 000 ‘000 0.00 000 0.00

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Dickenson County 2020-2021

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AS53041 20194 134565 134091 141471 1,f6534 158BSD 492361 4.35444 47338 1.6973 1.50807 1.58121 1.60036 1.65834 195123. 1913.15 |

Russell County West Stream Anaya "Tote ont)

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Materials

Cumberland Plateau Regional Waste Management Authority

Cash Flow Statement

February 2021 Cash Balance - January 31, 2021 258,253.07 Cash Received - Tipping Fees: Buchanan (Jan) 69,652.99 Dickenson (Jan) 47,908.55 Russell (Jan) 59,512.49 177,074.03 Buchanan Reimbursement 50.00 Cash Expenditures Cash Expenditures - February 2021 (172,283.60) Cash Balance - February 28, 2021 263,093.50 Fund Bolonces: Capitel Equip Replacement Fund 247,810 peac/o 25,000 Total in bank 535,903.50

‘Cumberland Plateau Reglonal

Chock Rogistor

For tho Porlod From Feb 1, 2021 to Fob 28, 2024

dan Rep ede Check Nua

Bheck — Data Pag oun ‘Zia Anthari HeaihRoopor Tne 704.00 Toy HeeinOanaVon DHA TAGResourcos, LLC 233.33 Employee 40tk 2I821 —ColarBar Finan Series Comp 6.21075 Note Payront D7 —TAG Resource, LLC. 233.33 Employee 401k siz set Void 13171 2121 —Appelachen Power Company $80.28 RC Bletie 3172 2iat—_ Vansant Lumber Company 30.15 BC Supple 1317321 Bowe Tuekar& COPE 7,200.00 Aude 10174 2/021 Lebaron Block A Supply 1003.09 Tre Machine 8004.00 BC Sa Malt $02.18 1G Sta Mant $13.08 RC Sin Mat $7.74 191752121 Mansfeld 4 Company 70.4 Venice Fue 131782182 Aderion Constcion 200.00 BC Gta Main $160 RC shed $225, OG shed $425 2121 Skyline Fabicaling, ne. 1.238.080 Sheer $768 ‘8C hoppar $470 iat Centr! Seale, ne, 2.20072 DC Giant 2iat Verizon 40.20 RC phone 2I2t Unit Corporation 323.49 Unto 221 Inova Technology Solutions 37.80 Suppor 1921 1480 RO Water ‘22t 1328 DC Sia Mast erat Advanced spot Sericas 190,777.83 BC Tipinghad $8071.76 ‘DC Tppinptiout $34,080.41, RO Tipping Houk $42,717.48 1010521021 Maem Hardware & Funtre Co 739.90 HeslareforShoas s3108 let 40,00 DC Ually wey at 49.48 DC Supply s310 ——D/toet_—_ Appalachian Aggregates, LLC 760355 BC Sia alt $3189 2/10/21 Aderton Constuclon, 4,983.00 BC Bia Malo 131902148221 Dominion Offea Products, nc. 1398.29 Ofice Supply $250.15, 8 Suppies $09.80 $20.00, 3 3101 2/181 Carter Machnery Company, Inc. 2,960.82 DC Equp Mant $2,744.75 ‘BC Equip Man $223.57 yi 2221 Veron 8297 BC Phone 13105272221 —_Applaclan Power Compony 190.06 RC Eletc {2164 222721 Appalachian Power Compony 46324 AC Bete 13108222721 Appalachian Power Company 147.77 OC Electic qos 2au21 Veron 47.11 BC Phono 19107 222721 Honaker Soluions, Lc 1760.00 kosouning Febret 43190222721 Indus Developmen Auosy 200.00 Ofice Rant Marat x19 222721 Gard Services unter ‘344.04 Pheuinate PusDC Sta ant $67.02 PnoumatePhue-RC Sia Man $07.02 [BCIDPOR License 850.00 ‘Buty Manufactuing OC Sta at. $00 Buy Manufacturing RC Sia Maio $80. $3200 222721 Juste Lew Ofte 976.50 Log Jen2i smo aa2/21 Toby Edvarde 77:01 Reimburaomen fo ual 1202222721 —Innovalno Technology Setuons 41980.00 BC Ste Male. 49203222721 Mansfeld 04 Company 57:34 Venice Fu 3320422221 Pest Conte Pun, Ie. 120.00 BODERC. $40.3, 4020822221 Carar Mechlnary Company, ne. 690.18 RC Equip Mant sas 22721 Volk $3207 22271 Polo Broadband 2022 Offce phone 43208-22221 Poll Bronsband 5.03 DC phone 34521 22024 Untied States Trasury 1.405 92 Federal Wanneidng 32621 22821 VADeptolTaxalon ‘2748 Sisto Whaling R221 2/21 RonaldE Peter 42470 Dirciora Cmpansaton Retz! 2/21 Damon Raankh 410670 Dirors Compensation Rea Bat TimLoveloce 404,70 Direciors Compansaben aim 221 Gat hee 10470 Direc Companion PRaIZ1 —2NZt—_ellry 8. Cooper 18470 Direcors Compensation Raia) 221 Timothy W Hs 418470 Dleciora Compensation PRataa at221 Toby. Edvarde 2301.34 Salary 1 Hal PRaz021220r2% Toby. Eawards 20134 Salary and Hel Totat 17230300

(CUMBERLAND PLATEAU REGIONAL WASTE MANAGEMENT AUTHORITY

FY 2020- OPERATING BUDGET & EXPENSE REPORT

Expenditures SETHE Thuz/28/2024 Dudes. Direct Expenses: [Transport/Disposal Ti57 655.81 nz 992.00, [Tire Recycling 22038.75 45,000.00 HW Event 11,996.65 7 [Other Relmbursed expences 7706.00 5 aivasraat 7527002.00, [Overhead Expenses: [Debt Sarvice- Loaders 9720.00 75,000.00 | eae [other osposat - 2,000,00,| — ow Unites: = ‘Buchanav Tae 5,100.00 | sx] Dickenson 3,708.48 4,500.00 | 22x Russo 3530.51 4,500.00 | 796 [Supplies : Buchanan 5807.55 2,500.00 | 7a] ‘Dickenson 109241 2,500.00 | een ‘Russell 052.93, 3,000.00 | asx Fuel: - Buchanan ao74 000.00 | ant Dickenson 3.33661 4,000.00 | ax Russell 288.16 7,000.00 | 33x [Telephone: = ‘Buchanan ENCES) 7500.00 | — nm Dickenson 311452 2,100.00 | sox uisel 2109.07 3,500.00 | 77% [Station Maintenance/Improvements: = Buchanan ECHOEY 76,000.00 | ~7on| Dickerson 23,055.33 26,000.00 | — asx] Auscell 35,001.63, 26,000.00 | — sex] Loader Equip Maintenance: chan DED i7aisss| ax] — [FlManagement breakdown Dickenson. 2318.29 3243585 | som] [Toby Heath 756.65) Russell 23,723.19 244355597] HTobysalory 477863} Frransfer Station Permits and Managements - [201k cost/contibution 343257] [station Permits 193556.00, 79,000.00 | so] taxes 3655.56] 'VACO insurance 17/568.00, 34,000.00 | 325%] [Management & Frings 60,881.13 30,000.00 | —ax| [nance Manager 6,200.00 9,000.00 | ew 0882.33 Ieaad 38. $2,000.00 | — rex] [Dractore Comp Tava i support 3272.66 2,000.00 ex] Slory bas [Ofice RentaVintemet/Col/oMice Supplies 3,202.72 6,000.00 | see] faxes. 7493] Directors Comp & PRT ax TO584.40 78, 00.00 | — sa 0334.4 Protessonal Fees Audi 7,200.00 4,000.00 [eax] [Ocw Breakdown [Mesting xpense. 2024.77 3,000.00 —erx| [Phonan “TIS [revel EEE 3,000.00 25x] |ent 1600 [sunnier EEC ,000.00|—ane| postage 197 Dues/tcenies * ‘410,00 — ox] —Joficesup 708.48 ele Expense Tea 500.00 [asx Uniform Rentals 3.64130 4,000.00 | 21x 320272 fadverising 010.47 7,500.00 | — ao] Reserves fequioT Trearganey Fane : 2,000.00 | ox] ‘GVERHEAD SUBTOTAL MRESTATETI 755,016.65 [ce Machines/Shearer 44,200.35 : [FOTALENPENSES TS, To 008.65 TRate begins opa_] **0verhead Rate per County 12,630.35

uchanan Gounty’s Most Wanted: . en “The Houschold Hazardous Waste Gang”

during our event. \

This bunch of waste products is wanted for endangering people and animals. Improper disposal of these household products can result in polluted creeks, streams, and woods.

These products go by many names, but they generally include pesticides, insecticides, oil-based paint, chemical thinners and solvents, petroleum products, acids, automotive products, and other hazardous household materials.

They are frequently found lurking in garages, basements, and cabinets where thev mav wait for vears for an opportunity to do harm.

Don’t Harbor Them, Bring Them To The

Household Hazardous Waste Collection Day

Thursday April 22, 2021 Wal-Mart Parking Lot in Grundy Event Hours are from 10:00 a.m. to 3:00p.m. Contact the Buchanan County Litter Control Office at 276-935-6106

Acceptable Items: Paint, polishes & varnishes

Ni-Cad, Alkaline and Dry Cell Batteries Paint related materials

Turpentine

Aerosol cans

Adhesives:

Antifreeze

Fuel Additives

Gasoline

Mercury

Pesticides

Transmission fluid

Bleach and Pool chemicals

Radioactive Material Explosives

Bullets

All cylinders

Please take Used Motor Oil to Advance Auto or designated location ‘for Recycling!

This event sponsored by Buchanan County and the Cumberland Plateau Regional Waste Management Authority

Buchanan County Clean Your Files Day & Free Tire Drop Off!!!

Where: Wal-Mart Parking Lot When: Thursday April 22, 2021 Time: 10:00 a.m. to 3:00 p.m.

shutterstock «141164230,

Are your file drawers so full that you need more cabinets? Or do you need to recycle/destroy outdated files? Do You have Tires laying around your building? You can recycle it at the Clean Your Files Day And Tire Drop Off Day.

Clean Your Files Day and Tire Drop Off Day is being sponsored by the Buchanan County Litter Control and Recycling Office, Cumberland Plateau Regional Waste Management Authority, Big Sandy Soil and Water

Conservation District and the Buchanan Co Board of Supervisors. This office paper recycling service is being offered at no cost to businesses. Limit of 10 Tires per household. Bring your paper to the above locations for shredding. For More Details on materials that can be shredded,

Contact the Buchanan County Litter Control & Recycling at 276-935-6106 or

the Big Sandy Soil and Water Conservation District at 276-935-7750

Sponsored by Buchanan County Litter Control and Recycling Office and Cumberland Plateau Regional Waste Management Authority

J [Aiitkonson County’s Most Wanted:

"ecertet The Houschold Hazardous Waste Gang”

during our event. \

This bunch of waste products is wanted for endangering people and animals. Improper disposal of these household products can result in polluted creeks, streams, and woods.

They are frequently found lurking in garages, basements, and cabinets where thev mav wait for vears for an opportunity to do harm.

Don’t Harbor Them, Bring Them To The

Household Hazardous Waste Collection Day Thursday April 29, 2020

Dickenson County Education Center Parking Lot Event Hours are from 10:00 a.m. to 3:00p.m. Contact the Dickenson County Litter Control Office at 276-926-1676

Acceptable Items: Paint, polishes & varnishes

Ni-Cad, Alkaline and Dry Cell Batteries Paint related materials Turpentine

Aerosol cans

Adhesives

Antifreeze

Fuel Additives

Gasoline

Mercury

Pesticides

Transmission fluid

Bleach and Poal chemicals

Items that will not be accepted:

‘Commercial/Industrial waste Radioactive Material Explosives

Bullets

All cylinders

Please take Used Motor Oil to Advance Auto or designated location ‘for Recycling!

This event sponsored by Dickenson County and the Cumberland Plateau Regional Waste Management Authority

CIEEELErEEerererereere

Dickenson County Clean Your Files Day & Free Tire Drop Off!!!

Where: Dickenson County Education Center Parking Lot When: Thursday April 29, 2020 Time: 10:00 a.m. to 3:00 p.m.

shutterstock - 141164230

Clean Your Files Day and Tire Drop Off Day is being sponsored by the Dickenson County Litter Control and Recycling Office, Cumberland Plateau Regional Waste Management Authority, Dickenson County Sherriff Office,

And the Dickenson Co Board of Supervisors. This office paper recycling service is being offered at no cost to businesses, Limit of 10 Tires per household. Bring your paper to the above locations for shredding. For More Details on materials that can be shredded,

Contact the Dickesnon County Litter Control & Recycling at 276-926-1676

Sponsored by Dickenson County Litter Control and Recycling Office and Cumberland Plateau Regional Waste Management Authority

Russell County’s Most Wanted:

. Nie “The Household Hazardous Waste Gang”

during our event. \

This bunch of waste products is wanted for endangering people and animals. Improper disposal of these household products can result in polluted creeks, streams, and woods.

They are frequently found lurking in garages, basements, and cabinets where thev may wait for vears for an opportunity to do harm.

Don’t Harbor Them, Bring Them To The

Household Hazardous Waste Collection Day Wednesday April 21, 2021

Russell County Governmental Office Parking Lot Event Hours are from 10:00 a.m. to 3:00p.m. Contact the Russell County Litter Control Office at 276-889-8000

Items that will not be accepted:

Paint related materials + Radioactive Material
Turpentine + Explosives

Pesticides
Transmission fluid «Bleach and Pool chemicals

This event sponsored by Russell County and the Cumberland Plateau Regional Waste Management Authority

Dear Plan Sponsor, ‘Thank you for your continued cooperation and assistance this testing season,

We, at TAG, administer your plan as a 3(16) fiduciary and as a Plan Administrator. We are here to help you determine which tests are required for your plan, perform necessary testing, and provide you with both the test results and options for any corrective actions needed

‘As yout Plan Administrator, itis our job in Nondiserimination Testing to ensure all Employer Contributions are being made correctly and that your plan remains compliané and on course with plan documents as required by the Department of Labor and Internal Revenue Service.

Based on the information provided, we have completed the complince testing for your plan,

Attached you will find a detailed copy of your Plan Year 2020, 401(k) Compliance Testing results. This document provides information and results for each area of the required testing as well as your Participant Summary Statement,

Ifyou have additional questions, please contact us. Our top priority is to keep your plan compliant, on course with plan documents, and make it possible for everyone to retire with dignity.

‘Thank you,

TAG Resources, LLC

Page 1

Cumberland Plateau Regional Waste Authority 401(k)

Profit Sharing Plan and Trust

As of December 31, 2020

Prepared by:

TAG Resources, LLC

Paget

Cumberland Plateau Regional Waste Authority 401(k) Profit Sharing Plan and Trust

TABLE OF CONTENTS

Summary of Test Results

Page 2

‘Cumberland Plateau Regional Waste Authority 401(k) Profit Sharing Plan and Trust

Summary of Test Results

Limits Test: 415 Excess: 402(g) Exess: Plan Limit Excess:

410(b) Ratio Percentage Test: Elective Deferrals: Non-Elective:

Deduction Limit:

General Test: Rate Group Test (at 70%): Rate Group Test (at midpoint): Gateway Test:

General Test - Average Benefits Test:

‘Top Heavy Test: ‘Top Heavy Percentage:

12/31/2020

Page 1

PASS PASS PASS PASS

PASS PASS PASS

PASS: Not run NIA NIA NIA Not run

Not Top Heavy 0.0000

Cumberland Plateau Regional Waste Authority Plan Variance Report 12/31/2020

As your Plan Administrator, TAG Resources LLC completes an annual review of your plan activity. During the Allocation Testing process, our system identified some variances between the contribution formula provided for your plan and the amount deposited for participants throughout the year. Based on the information provided to us, we believe that the following corrections need to be made.

Based on this information, we believe that the following individuals have been under-matched. We believe the individuals shown in Variance Table 2 below will need a “true-up” to correct this,

(Eimer Nair nel eungMNNIN SH NE(Or GMmNNSHINE Calc @dImSHINEIrrUe:Up) Edwards, Toby 4,978.45 5,689.57 711.12 Total 4,978.45 5,689.57 711.12

Variance Table 2~ Under-Matches

Review the above Variance Reports that demonstrates the comparison of the amounts originally deposited through payroll versus the amounts calculated according to the plan document. Please confirm your payroll calculations are accurate with the formula for employer contributions.

TAG welcomes any additional information you may be able to provide that would support the accuracy of the payroll deposits. You can submit confirmation of accuracy, and any additional Information for our consideration, by contacting your account manager.

Due to the nature of the IRS Codes and Regulations, this request is time sensitive. In order to complete the required PYE administration of your plan timely, we ask that you respond within 10 business days. If TAG does not receive a reply to this request, we will proceed to complete compliance and government reporting as determined by the plan formulas demonstrated in your plan document, This may result in adjusted amounts for your plan participants and the possibility ofa financial receivable to the plan for unpaid benefits and a corrective distribution to the forfeiture account.

Match True Up Considerations (t) (a) (3)

Are your employees missing out on employer matching contributions because they don’t fully understand how their plan works? What should you, as plan sponsor, do to address the critical impact of the timing of their deferrais and help them realize the value of the matching benefits you have built into the plan? This addresses these questions through an innovative approach,

Are you empowering employees to maximize their match?

We are all familiar with how 401(k) plans work. Employees defer a portion of their salary into the plan and employers typically provide a matching contribution based upon a set formula or formulas. For example, assume an employer makes a 50% matching contribution on the first 6% of employee deferrals, thereby encouraging employees to contribute at least 6%. This seems simple enough, but for many plans, “when” an employee defers over the course of the year is as important as "how much.”

The “when” matters because most plans calculate the match on a payroll-by-payroll basis, Employee deferrals in a pay cycle above the formula cap are not eligible for the match, More importantly, foregone matching contributions due to deferrals below the formula cap cannot be made up, even by higher deferrals in other pay cycles. The result: employees who distribute their deferrals unevenly may miss out on the full benefit of the match,

To ensure that your employees get the full bonefit of good savings behavior, we provide a true up to your plan match. A true up contribution assures that all participants receive a matching contribution based on their annual deferrals into the plan, regardless of timing. Good communication is key. A strong communication and education program can help employees understand and appreciate the true value of the benefits they are offered and how to make the most of them.

Let’s see an example of what we have just discussed. Meet Jack and Diane. Both of them earn $100,000 per year and defer the maximum allowable amount for the year - $18,500 (for Sy) 2018),

deferrals evenly throughout the course of the year. Diane’s deferrals exceed the 6% required to receive the maximum match, so she receives 3% (50% of the first 6%) each pay period,

/} ‘ | Diane takes the conventional route and defers 18.5% of salary each pay period to spread her Over the full year, Diane receives $3,000 in employer matching contributions.

Jack decides to “tront-load’ his deferrals, which is generally a reasonable strategy. He might want to accelerate his tax-favored investment return or get his retirement savings done early in the year so he has extra money in his paycheck for summer vacations or Christmas shopping. Regardless of why Jack saves this way, notice what happens, Jack decides to upload his contribution in four equal payments over the first four months. In the first month, his $4,625 contribution represents a 48% deferral rate. The plan will only match 50% of the first 6%, with is $250 each month. By May, Jack has met his savings goal and the IRS deferral limit and, as a result, he stops deferring for the remainder of the year. With no deferrals, no more employer match goes into the plan on his behalf. The total company match for the year is $1,250.

By front-loading contributions, Jack missed out on $1,750 of company match money for the year.

Jack and Diane deferred the same percentage of their salaries but received dramatically different employer dollars. The ‘when" really mattered.

Match True Up Considerations (t) (a) (9)

Uneven Deferrals May linpact Retirement Readiness

‘This example was constructed to provide an obvious illustration of how this dynamic can impact a participant. But there are many more subtle ways In which an employee’s uneven deferral pattern can impact the match they receive. For any given year, the dollar value of this missed opportunity could be minimal. However, over the course of a career, consecutive years of inconsistent deferral behavior can become significant and have an unintended negative impact ‘on an employee’s overall retirement readiness.

A True Up Can Support the Spirit of Your Plan Design

To remedy this problem, TAG provides a True Up Report (if needed) when your plan is tested. Essentially, a true up report defines the company matching formula in terms of an annual amount. At the end of each year, a calculation is performed looking at actual earnings, deferrals, and match for the year. Returning to our hypothetical employees, only Jack would need a true up for the employer match. When calculated on the annual basis the full $3,000 match would be earned with would result in 2 $1,750 true up some time after the end of the year ($3,000 minus $1,250 already uploaded).

More and more companies are considering their true up reports to determine if it aligns with their benefit philosophy. We see the “when” can have a dramatic impact, but many employers struggle with whether it is their responsibility to make a participant “whole” for their mistimed deferrals or not. After all, there is no compliance requirement to have a true up. Additionally, year-end processing and reporting tasks are already fairly onerous and adding yet another project might not be high on the list of priorities.

Effective Communication Counts, Too

‘Alternatives to the true up report include tools, resources, and communication to help employees understand the importance of “when.” Effective communication is key to helping employees understand and value the benefits you provide and optimize their saving potential, Regularly evaluate your savings plans within the context of your total rewards strategy and employee value proposition to determine whether your plans are meeting desired objectives. If your plans are falling short, perhaps it’s time to reevaluate your plan design, consider your options, and put a new strategy in place for the next year.

USER AGREEMENT FOR SOLID WASTE DISPOSAL

THIS AGREEMENT, made and executed this the day of | » 2021

by and between the COUNTY OF DICKENSON, Virginia, the COUNTY OF BUCHANAN, Virginia, and the COUNTY OF RUSSELL, Virginia, political subdivisions of the COMMONWEALTH OF VIRGINIA, hereinafter referred to as “Users,” and the CUMBERLAND PLATEAU WASTE MANAGEMENT AUTHORITY, a body politic and corporate and a political subdivision of the COMMONWEALTH OF VIRGINIA, an Authority created by the aforesaid Users, pursuant to the Virginia Water and Sewer Authorities Act, hereinafter referred to as

“Authority.”

ARTICLE I- BASIC INTENT AND PURPOSE

This Agreement is entered into as authorized by the Virginia Water and Waste Authorities Act, Va. Code Ann. § 15.2-5100 et seq. (hereinafter the “Act”).
The Authority has all the powers, rights and duties as described in the Act and as

specified in its Articles of Incorporation and may exercise the same in the performance of its functions as set out in the Act.

The purposes for which the Authority was created are to acquire, purchase, lease as lessee, construct, reconstruct, improve, extend, operate, maintain and finance a Garbage and Refuse Collection and Disposal System, as that term is defined in the Act, within, without, or partly within and partly without the Counties of Buchanan, Dickenson and Russell, Virginia.

The Users, subject to the terms and conditions hereinafter set out, desire to use the Authority’s Disposal System for the disposal of DSW generated within, collected

by, or otherwise under the control of the User.

USER AGREEMENT Page | |

. The Disposal System shall be established, operated and maintained in accordance with the Authority’s Plan of Operation, attached hereto and made a part hereof, which is intended to be effective upon the date of execution of this Agreement, and which may be amended by the Authority from time to time.

ARTICLES Il - DEFINITIONS

. Disposable Solid Waste (hereinafter DSW) — Any Solid Waste other than

Hazardous Waste, specifically including Processible Solid Waste, Special Waste (approved, as set forth in the Plan of Operation) and Non-Processible Solid Waste (as such terms are defined in the Plan of Operation).

Disposal System — All those facilities owned, leased or operated by the Authority designed to collect, manage and/or dispose of Solid Waste and those designed to accomplish recycling and/or volume waste reduction by methods other than DSW; and the land, structures, vehicles and equipment for use in connection therewith,

. Hazardous Waste ~ a Solid Waste or combination of Solid Waste which, because of its quantity, concentration or physical, chemical or infectious 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 Disposal System, or the environment when improperly treated, stored, transported, disposed of or otherwise managed, The foregoing definition is intended to include any waste now or hereafter designated as “hazardous” by State or Federal agencies (including the United States Environmental Protection Agency) with jurisdiction and authority to promulgate and enforce rules and regulations for the handling and disposal of hazardous and other wastes.

. Non-Conforming Waste — (a) Any waste excluded from the definition of Solid Waste and (b) Special Waste (as defined in the Plan of Operation) which has not been approved by the Authority.

. Plan of Operation — A plan adopted by the Authority, as amended or supplemented, setting forth the types of material acceptable to the Authority for disposal, the times

and places where material will be received by the Authority, the methods of

USER AGREEMENT Page|2

collecting fees charged by the Authority for disposal service, and such other information as will describe operational procedures, control use of the Disposal System and provide instruction and guidelines to users of the Disposal System, The Plan of Operation shall be marked as Exhibit “A” and incorporated by reference into this User Agreement, Said Plan of Operation shall be subject to annual review at the same time this User Agreement is subject to annual review. If any changes are made to the Plan of Operation by the parties, such changes shall also be subject to the approval of the Department of Environmental Quality.

». Solid Waste — Any garbage, trash, brush, refuse, sludge (as defined in the Plan of Operation) and other discarded material, including solid, liquid, semi-solid or contained gaseous material, resulting from industrial, commercial, mining and agricultural operations and from community activities and residences, but does not include: (i) solid and dissolved materials in domestic sewage; (ii) solid or dissolved material in irrigation return flows or in industrial discharges which are sources subject to permit from the State Water Control board; (iii) source, special nuclear, or by-product material as defined by the Federal Atomic Energy Act of 1954, as amended; (iv) to the extent such Solid Waste is transported from the Transfer Stations to any landfill operated by an entity other than the Authority, and other materials not allowed under the permits, licenses and approvals relating to such landfill; or (v) asbestos.

Tipping Fee ~ The charge made by the Authority for the disposal of DSW (as set forth in the Plan of Operation). The Tipping Fee shall be calculated by determining the total of: (a) the disposal fee charged by any landfill operator with whom the Authority may contract for the ultimate disposal of any Solid Waste delivered hereunder; (b) the amount of principal premium, if any, and interest or any other amounts due, or to become due, with respect to any indebtedness of the Authority or required to avoid a default with respect to such indebtedness; and © all expenses of the Authority relating to the operation and maintenance of the Disposal System as per the line item budget approved annually by the Authority Board, excluding

administrative costs defined below) including any reserves required by Authority, This amount shall be divided by the tonnage projected to be received to derive a

USER AGREEMENT Page |3

cost per ton to be charged for use of the Disposal System. ‘The tipping fee is the same for all three member counties per the components of this paragraph, However, transportation costs for each member county is determined by mileage from the county’s transfer station to the landfill. The cost per mile will be uniform for each county with only the actual mileage varying. The Authority will invoice each county separately for its transportation costs. The parties agree to annually review the component costs making up the tipping fee and transportation costs to make appropriate annual adjustment to said tipping fee and transportation costs (costs per mile). The annual adjusted tipping fee and transportation costs are subject to the approval of the Board of Supervisors of each of the Users and the Board of the Authority. Once the User Agreement is approved either initially or upon subsequent annual reviews, said approved User Agreement shall be binding on all the parties, It is acknowledged by all the parties that the landfill charge is based ona five year contract that is procured pursuant to 15,2-5136, The parties further acknowledge that the Authority is contractually bound by this five year contract in regard to the landfill charge and bound by another contract for transportation charges. The parties agree that such contracts are binding upon the Authority and while in effect restrict the Authority’s ability to make any adjustments to landfill contract costs and transportation contract costs. However, the parties further agree that the contract for access to the landfill and the contract for transportation services to transport the solid waste from the transfer stations to the landfill are subject to review and approval of the Board of Supervisors of the three Users.

. Administrative Fee—The Authority has administrative costs that include items in the current Authority fiscal line item budget as approved by the Authority Board, These costs include, but are not limited to, IT support, bookkeeping costs, salary and fringe benefits of Authority employees, legal costs, office rental, and VACO insurance. The Authority will present its proposed line item annual budget for the upcoming year to the member County Administrators annually on or before March 15 to be included in each County Board of Supervisor’s next monthly meeting agenda for review and approval .

USER AGREEMENT Page | 4

The total monthly administrative costs of the Authority shall be divided equally among, the Users and paid through monthly invoices submitted to the Users by the Authority. ARTICLE Il - TERM OF AGREEMENT

This Agreement shall become effective and operations hereunder shall commence on or about , 2020. This Agreement shall be binding upon the parties, commencing upon the execution hereof, and extending for a period of one (1) year. Prior to the end of the one-year term, any further extensions must be approved by the Board of Supervisors of each of the User and the Authority Board annually. ARTICLE IV ~ DELIVERY CONDITIONS

1, The Users hereby agree to deliver or cause to be delivered to the Disposal System in accordance with the Plan of Operation substantially all (at least 95 percent per year) of the DSW which is generated or collected by or within or under the control of each of the Users from the effective date of this Agreement. Each of the Users will also use best efforts to enter into contractual agreements with each locality, generator and commercial hauler of DSW in their respective counties for their use of the Disposal System.

Subject to the terms and conditions of this Agreement and the Plan of Operation, the Authority hereby agrees to receive and accept all DSW delivered to the Disposal System by each of the Users after the effective date of this Agreement and throughout the remaining term of this Agreement,
The Authority shall provide one or more Transfer Stations to each of the Users for the disposal of DSW. The location of all Transfer Stations shall be specified in the Plan of Operation. The Authority shall have the right to designate a separate point or points of delivery for any grades or categories of DSW which in its opinion require special handling or methods of disposal.
The Users hereby agree not to build or, to the extent of their legal authority, allow to be built any facilities that would compete with the Disposal System during the

duration of the term of this Agreement. ARTICLE V — CHARGES AND FEES FOR USE OF

AUTHORITY DISPOSAL SYSTEM

USER AGREEMENT Page |5

‘The Users agree to pay to the Authority rates, fees, and other charges as approved by the Authority’s Board of Directors in compliance with Va, Code Ann. §15.2- 5136 subject to approval of the Board of Supervisors of each User. The Authority agrees to comply with § 15.2-5136 when fixing rates, fees, and other charges. . Each of the Users shall have the right to set the fees to be charged to the public at each transfer station in their respective county for the disposal of DSW.
The Authority shall invoice each User for the Tipping Fees on a monthly basis (within ten (10) days after the end of the month). Such invoices will show the total

tonnage received by the Authority attributable to the User during the billing period of all DSW. Such invoices shall be due and payable without offset within Thirty (30) days of the date of the invoice.

The DSW delivered to the Disposal System will be weighed for the purpose of determining the actual tonnage received. Fractions of tons actually received shall be invoiced on an accumulated basis each month. In the event of malfunction of the Authority’s weighing scales or other measuring device, an estimate of the amount ‘of DSW received will be computed based on the average amount received per vehicle, when dumping records for such vehicle for the six (6) months immediately preceding are available, or when such records are not available, will be computed based on the average amount received per vehicle of like size and/or compaction ratio,

4, The Authority shall keep proper books and records in accordance with generally accepted accounting principles which shall be available for inspection by the User at all reasonable times.

Any proposed amendment of rates, fees or other charges imposed by the Authority on the Users pursuant to this Agreement is subject to approval by the Users after the Authority has provided adequate documentation to demonstrate that an increase

or decrease is necessary under § 15.2-5136. ARTICLE VI-TITLE TO SOLID WASTE; LIABILITY FOR SOLID WASTE

Title to all DSW delivered to the Disposal System by each of the Users shall pass to the Authority when recorded by the Authority’s weighing scales or other

USER AGREEMENT Page | 6

measuring devices at the Authority’s facilities, EXCEPT that title to Hazardous ‘Waste and Non-Conforming Waste shall not vest or pass to the Authority, even if Hazardous Waste and Non-Conforming Waste is delivered to and unknowingly accepted by the Authority. Inoperability or unavailability of the Authority’s measuring devices shall not alter the transfer of title to DSW delivered to and accepted by the Authority.

. In the event that Hazardous Waste is inadvertently or unknowingly delivered to and/or accepted by the Authority, it is understood and agreed between the parties that liability for any environmental contamination, adverse effects, penalties or damages resulting from, and necessary costs of correction, may be imposed upon the Users by any regulatory bodies with adequate jurisdiction.

ARTICLE Vil - DEFAULT

. In the event of default, the non-defaulting party shall have the right, but not the obligation, to cure such default and to charge the defaulting party for the cost of curing said default, and to obtain reimbursement thereof.

. Upon the occurrence of a default by the Authority hereunder, any of the Users, after giving notice of such default to the Authority, may bring appropriate legal proceedings to require the Authority to perform its duties under the Act and this ‘Agreement or to enjoin any acts in violation of the Act or this Agreement. However, prior to any of the Users initiating legal action against the Authority, the User(s) must give the Authority written notice of the default and provide the Authority thirty (30) days to cure said default,

default and provide the User thirty (30) days to cure said default,

USER AGREEMENT Page |7

4, No remedy in this Agreement conferred upon or reserved to the parties is intended to be exclusive of any other remedy, and each remedy is cumulative and in addition to every other remedy given under this Agreement or now or hereafter existing, as

provided by law. ARTICLE VIII - NO PARTNERSHIP

Nothing herein shall be construed to constitute a joint venture between the

Authority and the Users or the formation of a partnership. ARTICLE IX - FORCE MAJEURE,

1, Failure of any party to perform hereunder, including failure of any User to deliver or cause to be delivered DSW, or inability of the Authority to accept DSW, by reason of Force Majeure (as defined in the Plan of Operation) shall not constitute a default or be cause for termination of this Agreement. However, the party so failing to perform shall immediately notify the other party of the failure, including reasons thereof, and shall make reasonable efforts to correct such failure to perform at the earliest possible date.

If, by reason of Force Majeure, the Authority cannot accept DSW at the Transfer Station located within the User’s region, the Authority shall immediately provide for and notify the User of an alternate delivery points(s).
Solely in the event that no facilities of the Authority are available for disposal of DSW the User shall have the right, but not the obligation, to dispose of or cause to be disposed of DSW at locations other than the Transfer Station located within the Users region until the cause of the Authority’s inability to accept the User’s DSW

is cured, but not thereafter. ARTICLE X - EXTENT OF AGREEMENT

modified, altered or amended unless in writing and signed by the parties.

ARTICLE XI - GENERAL

USER AGREEMENT Page | 8

. In the event that any provisions of this Agreement shall be held to be invalid, the

remaining provisions shall be valid and binding upon the parties.

. One or more waivers by either party hereto of performance of any obligation and/or

covenant hereunder shall not be construed as a waiver of subsequent breach of any

obligation and/or covenant.

. Neither the Users nor the Authority shall delegate or assign duties under this

Agreement without the written consent of the other.

. The construction and performance of this Agreement shall be in accordance with

the laws of the Commonwealth of Virginia. In the event of a dispute between the Authority and a User, the venue for resolution of that dispute shall lie in the Circuit Court of the User. In the event a dispute between the Authority and two or more Users occurs or a dispute occurs between or among Users, the Chief Judge of the

29’* Judicial Circuit shall determine the venue and appoint a judge to hear the case,

. Any notices hereunder shall be in writing addressed to the party as set forth below

or at such other address as may be designated in writing to the other parties hereto.

. In the event the Authority has an administrative fee surplus at the end of any

fiscal year and at the end of audit of said fiscal year, such surplus amounts shall be divided equally among the three (3) member counties, based on a review and vote of the Authority Board.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be properly executed and attested by duly authorized officials as of this the __ day of

ATTEST:

, 2021.

Cumberland Plateau Regional Waste Management Authority

By. (SEAL) CPRWMA Chairman, Damon Rasnick P.O, Box 386 Lebanon, Virginia 24266 Telephone: (276) 883-5403 Fax: (276) 889-8011

(SEAL)

CPRWMA Secretary

USER AGREEMENT Page| 9

APPROVED AS TO FORM ONLY: (SEAL)

Phillip Justice, Esq. Counsel for the CPRWMA.

COMMONWEALTH OF VIRGINIA, AT LARGE, to wit:

The foregoing contract was subscribed and acknowledged before me by Damon Rasnick, Chairman of the CPRWMA Board, , Secretary of the CPRWMA and Phillip Justice, Counsel for CPWRMA this the day of 2021 in. County, Va.

NOTARY PUBLIC My Commission expires: My Registration # is.

Dickenson County Board of Supervisors

By. (SEAL) Josh Evans, Chairman’ P.O, Box 1098 Clintwood, Virginia 24228 Telephone: (276) 926-1676 Fax: (276) 926-1649

ATTEST: (SEAL) Larry Barton, County Administrator APPROVED AS TO FORM: (SEAL)

Bud Phillips, Esq. County Attomey of Dickenson County, Va.

USER AGREEMENT Page| 10

COMMONWEALTH OF VIRGINIA, AT LARGE, to wit:

NOTARY PUBLIC My Commission expires: My Registration # is ichanan County Board of Supervisors By (SEAL)

Drew Keene, Chairman P.O. Drawer 950 Grundy, Va. 24614 Telephone: 276-935-6503 Fax: 276-935-4479

ATTEST: . (SEAL) Robert Craig Hom County Administrator APPROVED AS TO FORM: (SEAL)

Lawrence L. Moise Ill, Esq., County Attorney

USER AGREEMENT

Page| 11

COMMONWEALTH OF VIRGINIA, AT LARGE, to wit:

The foregoing contract was subseribed and acknowledged before me by Josh Evans, Chairman of the Dickenson County Board of Supervisors, Lary Barton., County Administrator the Dickenson County, Va, and Bud Philips, County Attorney of Dickenson County, Va, this the day of 2021 in County, Va,

NOTARY PUBLIC

My Commission expires: My Registration # is,

Buchanan County Board of Supervisors

By (SEAL) Drew Keene, Chairman P.O. Drawer 950 Grundy, Va. 24614 Telephone: 276-935-6503 Fax: 276-935-4479

ATTEST:

(SEAL)

Robert Craig Horn County Administrator

APPROVED AS TO FORM:

(SEAL) ee Lawrence L, Moise III, Esq.,

County Attorney

USER AGREEMENT Page{ 11

COMMONWEALTH OF VIRGINIA, AT LARGE, to wit:

The foregoing contract was subscribed and acknowledged before me by Drew Keene, Chairman of the Buchanan County Board of Supervisors, Robert Craig Horn, County Administrator and Lawrence L. Moise Il, County Attomey this the day of 2021 in County, Va.

NOTARY PUBLIC My Commission expires: My Registration # is :

Russell County Board of Supervisors

By. (SEAL) Rebecca Dye, Chairman 137 Highland Drive Lebanon, Va. 24266 Telephone: 276-889-8000 Fax: 276-889-8011

ATTEST:

(SEAL)

Lonzo Lester County Administrator

APPROVED AS TO FORM:

ee (3-71) Katie Patton, Esq., County Attomey

COMMONWEALTH OF VIRGINIA, AT LARGE, to wit;

‘The foregoing contract was subscribed and acknowledged before me by Rebecca Dye, Chairman of the Russell County Board of Supervisors, Lonzo Lester, County Administrator and Katie Patton, Esq. County Attomey, this the day of, 2021 in County, Va,

NOTARY PUBLIC

My Commission expi My Registration # is

USER AGREEMENT Page | 12

VACORP

March 3, 2021

Mr. Toby Edwards

Cumberland Plateau Regional Waste Management Authority PO Box 386

Lebanon, VA 24266

SUBJECT: FY22 VACORP

Dear Mr. Edwards:

As you may know, the VACORP Supervisory Board voted to return a Dividend credit to members. The nd will appear as a credit on your FY2021-22 VACORP Renewal Proposal. The amount Cumberland Plateau Regional Waste Management Authority will be credited is $245.

This Dividend is consistent with VACORP’s philosophy that surplus funds belong with the members to the greatest extent possible. For nearly 30 years, VACORP has provided for Virginia political subdivisions pricing stability along with ever-increasing coverages and risk management services year over year.

‘Thank you for your continued VACORP membership. We look forward to serving you in the coming fiscal year.

Sincerely, HU prone 4 Brow

Stephanie Brown, ARM, AIS, CISR Member Services Manager

1819 Electric Road, Suite C | Roanoke, VA 24018 | 888-822-6772 | Fax 877-212-8599 | www.vacorp.org

Public Hearing.pdf
Meeting: 4/5/21     6:00 PM
Staff Recommendation:
Suggested Motion:

Public Hearing.pdf
Meeting: 4/5/21     6:00 PM
Staff Recommendation:
Suggested Motion:

Presentations.pdf
Meeting: 4/5/21      6:00 PM
Staff Recommendation:
Suggested Motion:

Authorization - Minutes BOS.pdf
SUGGESTED MOTION(s):

Authorization - Expenditures.pdf
SUGGESTED MOTION(s):

Presentations - Attorney.pdf
Meeting: 4/5/21         6:00 PM
Staff Recommendation:
Suggested Motion:

Reports1.pdf
Meeting: 4/5/21             6:00 PM
STAFF RECOMMENDATION(s):
SUGGESTED MOTION(s):
ATTACHMENTS:

AM4.3 UPC 57053.pdf
Report 1
Addition
Rural (CTB Policy No Cost) §33.2-705
Rural (CTB Policy No Cost) §33.2-705




York County - cigarette tax estimates.pdf
APA Rev & Pop Info
Cig Tax Rates by Jurisdiction
FY22 budget

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