2022-10-11 18 00-Russell BOS-Regular Meeting-Packet

2022-10-11 18 00-Russell BOS-Regular Meeting-Packet

Document Date: October 11, 2022 Document: 2022-10-11_18_00-Russell_BOS-Regular_Meeting-Packet.pdf

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Agenda Board of Supervisors October 11, 2022

Russell County Page 1

RUSSELL COUNTY

BOARD OF SUPERVISOR’S MEETING

AGENDA – OCTOBER 11, 2022

BOS Board Room Regular Meeting 6:00 PM

Russell County Governmental Center

Lebanon, Virginia 24266

CALL TO ORDER & ROLL CALL – Clerk of the Board

INVOCATION & PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

PRESENTATION

Dr. Meister & Sheriff Steve Dye – RC Animal Shelter
April Morefield – Harper House Project
County Administrator - Personal Property Tax Relief (PPTR) Credit

NEW BUSINESS

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

a. Unapproved minutes of September 12, 2022

Approval of Expenditures. Consider approval of expenditures presented
for payment………………………………………………………………………………A-2
Committee Appointments for Board Consideration………………………………A-3

Agenda Board of Supervisors October 11, 2022

RUSSELL COUNTY

BOARD OF SUPERVISOR’S MEETING AGENDA - OCTOBER 11, 2022

BOS Board Room Regular Meeting

Russell County Governmental Center Lebanon, Virginia 24266

CALL TO ORDER & ROLL CALL - Clerk of the Board INVOCATION & PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA PRESENTATION

Dr. Meister & Sheriff Steve Dye — RC Animal Shelter
April Morefield — Harper House Project
County Administrator - Personal Property Tax Relief (PPTR) Credit NEW BUSINESS
Approval of Minutes. Consider approval of the minutes of the following meeting of the Russell County Board of Supervisors.

a. Unapproved minutes of September 12, 2022

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

Russell County Page 1

Agenda Board of Supervisors October 11, 2022

Russell County Page 2

Russell County Industrial Development Authority (IDA)

Roger Sword 4 Year-Term October 1, 2022

Cumberland Plateau Economic Development Commission

Frank Horton 1 Year-Term October 12, 2022 Tony Lambert 1 Year-Term October 12, 2022 Ron Blankenship 1 Year-Term October 12, 2022 James Eaton 1 Year-Term October 12, 2022

Russell County Library Board

Sherry Lyttle 3 Year-Term October 7, 2022

CITIZEN’S COMMENT PERIOD (Limited to 3 Minutes)

CONSTITUTIONAL OFFICER REPORTS AND REQUESTS

COUNTY ATTORNEY REPORTS AND REQUESTS

Honaker Redbud Festival Property (Harper House Project)…………………….B-1
RC BOS Property – Honaker Pool Property (Honaker Batting Cage Facility)…B-2
Finney Disposal Site Leases……………………………………………………………B-3
RC PSA Contracts for Sale of Water (Washington County, Tazewell County,
Scott County, Town of Honaker, Town of Lebanon, & Town of Richlands)……B-4

COUNTY ADMINISTRATOR REPORTS AND REQUESTS

REPORTS

Virginia Attorney General Jason Miyares Meeting – October 13, 2022, at
6 P.M. with the BOS, Towns, & Constitutional Officers……………………………C-1
RC School Board Infrastructure Projects……………………………………………C-2

REQUESTS

Opioid Settlement – Distributor & Janssen Settlements - $218,683.28……….C-3
Dante Rescue Squad Membership Variance Resolution ….…………………….C-4

Agenda Board of Supervisors October 11, 2022

Russell County Industrial Development Authority (IDA)

Roger Sword 4 Year-Term October 1, 2022

Cumberland Plateau Economic Development Commission

Frank Horton 1 Year-Term October 12, 2022 Tony Lambert 1 Year-Term October 12, 2022 Ron Blankenship 1 Year-Term October 12, 2022 James Eaton 1 Year-Term October 12, 2022

Russell County Library Board Sherry Lyttle 3 Year-Term October 7, 2022

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

Honaker Redbud Festival Property (Harper House Project)… BA
RC BOS Property — Honaker Pool Property (Honaker Batting Cage Facility)…B-2

B-3

Finney Disposal Site Leases.
RC PSA Contracts for Sale of Water (Washington County, Tazewell County, Scott County, Town of Honaker, Town of Lebanon, & Town of Richlands)…B-4

COUNTY ADMINISTRATOR REPORTS AND REQUESTS REPORTS

Virginia Attorney General Jason Miyares Meeting - October 13, 2022, at 6 P.M. with the BOS, Towns, & Constitutional Officers…
RC School Board Infrastructure Projects.

REQUESTS

Opioid Settlement — Distributor & Janssen Settlements - $218,683.28.

4, Dante Rescue Squad Membership Variance Resolution …

Russell County Page 2

Agenda Board of Supervisors October 11, 2022

Russell County Page 3

VDOT Resolution for Rural Additions to the Secondary System of State Highways: Rte. 1055 – Jim Kiser Road………………………………………………C-5
RC Planning Commission Plat…………………………………………………………C-6

BOARD DISCUSSIONS & REMINDERS

ADJOURNMENT

COUNTY AGENCY / BOARD REPORTS:

• Treasurer’s Report ………………………………………………………………………D • RC IDA …………………………………………………………………………………….E • RC PSA …………………………………………………………………………………… F • RC Tourism……………………………………………………………………………….G • RC Planning Commission ………………………………………………………………H • Conference Center……………………………………………………………………….I • RC Transportation & Safety……………………………………………………………J • RC Cannery Reports…………………………………………………………………….K • RC Building Inspector……………………………………………………………………L • RC Litter Report………………………………………………………………………….M

Agenda Board of Supervisors October 11, 2022

VDOT Resolution for Rural Additions to the Secondary System of State Highways: Rte. 1055 — Jim Kiser Road…
RC Planning Commission Plat. BOARD DISCUSSIONS & REMINDERS ADJOURNMENT COUNTY AGENCY / BOARD REPORTS:

Treasurer’s Report. RC IDA. RC PSA RC Tourism… RC Planning Commission . Conference Center. RC Transportation & Safety. RC Cannery Reports. RC Building Inspecto RC Litter Report.

Russell County Page 3

Russell County Virginia “The Heart of Southwest Virginia”

Tim Lovelace Steve Breeding District 1 District 5

Carl Rhea Lou Ann Wallace, Chairperson Rebecca Dye District 3 District 2 District 6

David Eaton Oris Christian, Vice-Chairman Lonzo Lester District 4 At-Large County Administrator

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

www.russellcountyva.us

PUBLIC NOTICE

OCTOBER 2022 REGULAR BOARD MEETING

RUSSELL COUNTY BOARD OF SUPERVISORS

TAKE NOTICE pursuant to Section 2.2-3707 of the Code of Virginia, the Russell

County Board of Supervisors changed its September 2022 regular monthly board

meeting from October 6th, 2022, to October 11th, 2022 , at 6 p.m. at the Russell

County Board Room, located at 137 Highland Drive, Lebanon, Virginia.

Notice Given Pursuant to Section 2.2-3707 of the Code of Virginia on the 28th

day of September 2022.

BY ORDER OF THE
RUSSELL COUNTY BOARD OF SUPERVISORS

Tim Lovelace District 4

Carl Rhea District 3

David Eaton District 4

Russell County Virginia “The Heart of Southwest Virginia”

Lou Ann Wallace, Chairperson District 2

Oris Christian, Vice-Chairman At-Large

Steve Breeding District 5

Rebecca Dye District 6

Lonzo Lester Gounty Administrator

PUBLIC NOTICE

OCTOBER 2022 REGULAR BOARD MEETING

RUSSELL COUNTY BOARD OF SUPERVISORS.

TAKE NOTICE pursuant to Section 2.2-3707 of the Code of Virginia, the Russell

County Board of Supervisors changed its September 2022 regular monthly board

meeting from October 6", 2022, to October 11", 2022 , at 6 p.m. at the Russell

County Board Room, located at 137 Highland Drive, Lebanon, Virginia.

Notice Given Pursuant to Section 2.2-3707 of the Code of Virginia on the 28"

day of September 2022.

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 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: 10/11/22      6:00 PM

Presentations

Dr. Meister & Sheriff Steve Dye – RC Animal Shelter
April Morefield – Harper House Project
County Administrator - Personal Property Tax Relief (PPTR) Credit

Staff Recommendation:

Presentation – Informational Only.

Suggested Motion:

Board Discretion.

ATTACHMENTS: • Various

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

10/11/22

Meetin: PM

Presentations

Dr. Meister & Sheriff Steve Dye - RC Animal Shelter
April Morefield — Harper House Project
County Administrator - Personal Property Tax Relief (PPTR) Credit

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

Dear Mr. Lonzo Lester and the Russell County Board of Supervisors,

Jam very concerned about the continued deterioration of the Russell County Animal Shelter. We have had the paint on the floors analyzed to determine what can be put down to last. Nothing we have tried has lasted any length of time. The paint is coming off the walls and some of the cinder block partitions between the runs. Some of metal post that make up the runs and dividers have rusted completely through and are no longer attached to the floor or secure. Our Quarantine doors do not function correctly. This is a great concern when we are required to house dogs for Rabies confinement for the Health Department. We are to do this by not allowing any humane contact. When the doors between these units do nat function, this makes this very difficult. ur troughs do not drain well at times. This has allowed back up of feces and waste water inside of our shelter. We have issue with the sewer system and back yp of sewage. There are cracks in the concrete floor that potentially could allow growth of organigms that could be harmful to the animals housed in our Shelter. The air vents to the outside have to he stuffed with towel and closed with duct tape in the winter time to prevent heat loss. The thermostat ig not working properly, such that the heat itis either on or off. We are not able to adequately regulate of temperature. We have rodent infestation in the ceiling. The mice are going up the inside of our metal doors and pushing the Styrofoam insulation out on to the floor. We have dropping from these rodents inside our building. This is not sanitary or healthy for the animals or people working in the building. | am especially concerned about the dogs killing mice at night that may have ingested a rodenticide which in turn can be toxic and or lethal to that dog, We have issues with the electrical system such that certain breakers when triggered shut off other outlets or systems in other portions of the building, possible due to rodents have gnawed the wires.

We have been working in this aging shelter for years with the hopes of having a new shelter built. It was my understanding that budget was approved for the building of a new shelter. We are inspected annually by the State for our compliance with Code of Virginia and Virginia Administrative code as enforced by Virginia Department Agriculture and Consumer Services (VDACS). Our State Inspector has been gracious enough to allow us to pass inspection with notation of issues with our materials and has not written any vjolations. We were inspected last year on the short form but this year it will be the long form where each item is a violation if we are not in compliance. Each violation can be charged one thousand dollars per day until corrected. Just one violation for 30 days is thirty thousand dollars. In our next inspection | fear we will have several violations if we do not move forward with the building of the new shelter. Our current inspection includes compliance with at least ten codes and all of their subsections. | fee! we are currently in violation of 2VAC5~111 -20 General provisions A and B with the above finding (enclosed is copy of this code). I have also enclosed a copy of Board of Agriculture and Consumer Services Comprehensive Animal Care Law and Related Civil Penalty Matrix Guidelines for Enforcement for information and review.

329/22, 6:37 PM FORMS (2VAC5-t11). . . sono

Virginia Administrative Code

Chapter 111, Public and Private Animal Shelters 2VACS-111-10, Definitions,

‘Tho following words and ters when used in this chapter

have the following neaings unless the conten clery indents otherwise

“Animal” means any nonaquti companion animal tht isin the custody ofa publi or private anil shelter an hati conned in Gr onthe premises ofthe animal she,

"nolosure” mean stctice wed to House o restrict animals from running at large such a 8 oom, pen, ee, run, compartment, huh errtim, or otherwise confined habitat

“Paci” mean pubic animal dete opivate animal shelter a ened in § 3.2600 ofthe Code of Vig, Sttlry Auto

{32.650 of the Code of Vins

ison Note

Detived fom Virgins Regier Volume 32 sue 24, ff. August 24,2016

2VACS-111-20,Goneral provisions

‘A. Each facility shall be Kop in clean chy, and sanitary condition and shall provide enclosures that can safely house and allow for adequate separation of animals of diferent species, sexes, ages and temperaments, Animals hall be maintained in a manner that protects them again theft, njry fcape, and exposue to harmful substances,

'B. Each fciity shall ensure that al enclosures provide adequate shelter that is properly vetilsted and that canbe mintaned at a comvotable temperature for he animals confined therein. An enclosure shal not be elaned when occupied by un animal unless the animal can be ater confined in a portion ofthe enclosure tht precludes exposure to any leaning nget including water and shal be thoroughly dy before the enclosure is returned to use, A disinfectant or genocidal agent shall be used when lesning an nolo,

Cac fait shall reasonably endeavoro ensure that inking walt is availabe to each animal at water receptacles or bowls sal be secured fo the enclosure sanitary condition

mes unless otherwise ordered by a lcensed veterinarian, Drinking fixed positon or otherwise be ofa design that cannot be tipped over by an animal and hal be maintained in

. ach facility shal ensure that animals are adequately and appropriately fed according othr species and age and tha fed is stored in a manner that prevent spoilage, infestation, and contamination, Al feed delivery weal and receptacles shall be propery cleaned between ses

, ac facility shal ensure hat exch animal is provided access toa resting platform; bedding, or perch a8 appropriate tits speses, oe, end condition, Al enclosures shall have solid lors,

from the Animal Care Veterinary Supervisor to a responsible authority that () identifies a (a) critical violation, (b) repeat non-critical violation, or © violation of Va. Code § 3.2-6555 or § 3.2-6556; (li) indicates the dollar amount of the potential civil penalty based on Section 6 of this document; and (ii) offers the opportunity to submit additional facts or documentation to the Animal Care Veterinary Supervisor for consideration.

“Notice of Penalty Dismissal” means a written notification from the Animal Care Veterinary ‘Supervisor to a responsible authority that the civil penalty associated with a violation is rescinded based on the additional facts or documentation submitted by the responsible authority after the issuance of the Notice of Violation and Opportunity for Good Faith Consideration.

“Notice of Violation and Penalty Assessment” means a written notification from the Animal Care Veterinary Supervisor to a responsible authority that (i) documents a (a) critical violation, (b) repeat non-critical violation, or © violation of Va. Code § 3.2-6555 or § 3.2-6556; and (ii) states the civil penalty assessment based on Section 6 of this document.

“Program Manager” means (i) the manager of the Office of Veterinary Services within the Virginia Department of Agriculture and Consumer Services, Division of Animal and Food Industry Services or (ii) a person designated as the Program Manager by the State Veterinarian who works under the direction of the State Veterinarian.

“Responsible Authority” means the (i) governing body of a locality or () owner or operating entity of a private animal shelter.

SECTION 3: ANIMAL SHELTER INSPECTION PROCESS All animal shelters, including vehicles used by such to transport companion animals, are subject to inspection by the State Veterinarian or his representative. An inspector will identify critical or non- critical violations and cite such violations.

A. Critical Violation upon Inspection

If an inspector cites a critical violation, he will (i) ensure that corrective actions are immediately undertaken to prevent further death, serious injury, or suffering; and (i) submit documentation concerning the violation to the Animal Care Veterinary Supervisor within five business days of the inspection for assessment of civil penalties.

B. First Non-Critical Violation upon Inspection

If an inspector cites a first non-critical violation, he will provide the responsible authority a Letter of Notification within a reasonable time after the inspection. The Letter of Notification will include (i) a copy of the inspection report, (ji) an explanation of the cited violation, including relevant section(s) of the Code of Virginia or Virginia Administrative Code, and (il) a statement of first non-critical violation.

C. Repeat Non-Critical Violation upon Inspection

Ifthe cited violation is a repeat of a previously cited non-critical violation, an inspector will provide the ‘Animal Care Veterinary Supervisor (i) a copy of the inspection report, (ii) an explanation of the violation, including relevant section(s) of the Code of Virginia or Virginia Administrative Code, and (ii) a statement of repeat non-critical violation within 15 business days of the inspection.

D. No Violation upon Inspection

If an inspector does not find evidence of noncompliance, he will provide the responsible authority a copy of the inspection findings and a Letter of Notification indicating no violations were cited. These documents will be sent to the responsible authority within a reasonable time after the inspection.

E. Determination of Repeat Violation An inspector will determine that a repeat violation has occurred upon review of inspection findings if a similar violation based on the same factual basis was cited within the preceding five calendar years.

including relevant section(s) of the Code of Virginia or Virginia Administrative Code; (ii) notification of the maximum potential civil penalty assessment; and (iil) statement advising that the responsible authority may provide any additional, relevant facts to the Animal Care Veterinary Supervisor, including facts that demonstrate a good-faith attempt to achieve compliance, which shall be due within 30 days after the date of receipt by the responsible authority. If no additional facts or supplemental documentation |s submitted by the responsible authority, the Animal Care Veterinary Supervisor will evaluate the violation using current and historical records and information. Upon receiving any additional facts or supplemental documentation or after the date on which the responsible authority was required to submit additional facts or supplemental documentation, the Animal Care Veterinary Supervisor will review all relevant history and facts and provide a written response as to whether the Penalty Assessment is upheld, revised, or rescinded by issuing either a (i) Notice of Violation and Penalty Assessment or (ii) Notice of Penalty Dismissal.

‘A Notice of Violation and Penalty Assessment shall include a (I) summary of the inspection or review findings, supporting documentation, and previous violation history, if applicable, including relevant section(s) of tha Code of Virginia or Virginia Administrative Code; (i) notification of the civil penalty assessed; and (ii) statement advising that the responsible authority may (a) agree to the assessment, sign a consent resolution, waive his rights to an informal fact finding conference pursuant to Va. Code § 2.2-4019, and pay the civil penalty, which shall be due within 30 days after the date of receipt by the responsible authority, or (b) request an informal fact finding conference pursuant to Va. Code § 2.2. 4019.

If the Animal Care Veterinary Supervisor determines that no violation occurred, a written notice shall be sent to the responsible authority documenting this determination.

C, Informal Fact Finding Conference

Should the responsible authority dispute (i) the factual basis of a cited violation and the civil penalty assessed or (li) the upheld or revised violation and civil penalty assessed in the case where additional, relevant facts were provided by the responsible authority to the Animal Care Veterinary Supervisor, the responsible authority shall request an informal fact finding conference within 30 days of receipt of the Notice of Violation and Penalty Assessment. The Program Manager will hold an informal fact finding conference pursuant to Va. Code § 2.2-4019 prior to making a case decision. Following the informal fact finding conference, the Program Manager will send to the responsible authority a written final notice of the findings via certified mail along with the factual basis for the findings and the civil penalty assessed.

D. Formal Hearing

The responsible authority may appeal a case decision by the Program Manager to the Board pursuant to Va. Code § 2,2-4020. If the responsible authority intends to appeal the final notice of the Program Manager, he shall notify the Secretary of the Board in writing within 30 days following his receipt of the Program Manager’s findings. The Secretary of the Board will arrange for a hearing officer, arrange the location of the formal hearing, and arrange for a court reporter. The hearing officer will hear the relevant information about the case, consider the facts of all violations identified in the case, and evaluate the civ|l penalty assessed. The hearing officer shall transmit his findings and recommendations to the Board as required in Va. Code § 2.2-4024(D) and inform the respondent of right under § 2.2-4021(A) to address the Board. The Board shalll consider the findings and recommendations of the hearing officer and render a case decision within the timeframe established in Va. Code § 2.2-4021©. The Board may establish limits on how much time the responsible authority will be afforded to address the Board with respect to the formal hearing officer’s findings and recommendations.

E, Recovery of Civil Penalties, Use of Civil Penalty Funds

If the civil penalty is not paid within the allowed time period, the case will be referred to the Office of the Attorney General for further action. All civil penalties assessed and not paid within the time specified in the Notice of Violation and Penalty Assessment shall be recovered in a civil action brought by the Attorney General in the name of the Commonwealth. Such civil penalties shall be paid into a special fund in the state treasury to the credit of the Department to be used in carrying out the

‘Total Cited Violations (Preceding 5 Calendar Years) ‘Authority Category 1 2 3 24 5326506 Confinement and | No $500 | $1,000 | Assessed at a rate § 32-6562 Disposition, Public | penalty Upto $1,000 per Code of Virgi Animal Shelters day cumulative"* § 32-0568 Confinement and | No $500 | $7,000 Code of Virginia Disposition, Private | penalty 2 Animal Shelters & §3.2-6587 ‘Animal Custody, No $250 $750 ‘| Code of Virginia Records, and penalty 2 Limitations. 2 § 32-6574 Sterilization No 3100 $600 q §3246575 ponalty 2 Code of Virginia § 2VAC 5111-10 through | Shelter Regulations* | No $250 | $750 5 2 VAC 5111-40 penalty 2 Virginia Administrative | Code 2VAG 4480-120 through | Transport No $100 | $600 2 VAC 5:150-170 Regulations penalty Virginia Administrative Code “Authority Category Penalty ‘g 3.26502 Right to Inspect | Assessed at a rate up to $1,000 per day cumulative™™ §3.2-6566 Code of Virginia § 3.2-6503 ‘Animal Care Gode of Virginia §3.2-6546 Confinement and §3.2-6562 Disposition, Public Code of Virginia Animal Shetters 2 | §3.2-6548 Confinement and B | Code of Virginia Disposition, Private z ‘Animal Shelters S | g320897 Recordkeeping, 3 | $3287 Sterilization 2 | §3.2.0875 § | | Code of Virginia 2VAC 5411-10 through 2VAC 5111-40 Shelter Regulations* Virginia Administrative Code 2 VAC 5-460-120 trough | Transport 2VAC 5150-170 Regulations Virginia Administrative Code Total Gited Violations (Preceding 5 Calendar Years ‘Authority Category 1 2 | 3 24 §3.2-0585 ‘Animal Control $200 | $600 | $1,000 | Assessed ata rate §3.2-6556 Officer Employment Up to $1,000 per Code of Virginia and Training day cumulativo"*

Faille to comply with state laws and regulations governing the disposal of solid waste will be reported to appropriate authorities, Civil penalties will not be assessed in such cases.

“The penalty for more than three non-critical violations, more than three violations of Va. Code § 3.2-6556 or § 3.26556, or any cttcal violation is calculated at a daily rate on a case-by-case basis (Va. Code §§ 3.2-6546 and 3.2-6548),

Revised December 12, 2019

Actions taken to address increases in used car values – August 2022 survey responses

Page 1 of 2

County Action Notes

Albemarle County Reduced personal property tax rate from $4.28 per $100 of assessed value to $3.42. This $0.86 decrease is 20% less than the prior rate.

For calendar year 2022, the personal property vehicle valuations are estimated to increase 26%.

Amelia County Lowered the personal property assessment levels by 30%, across the board.

Action affected personal property other than automobiles, but autos are the bulk of personal property in Amelia.

Amherst County Reduced taxable value of vehicles by 20 percent.

Augusta County Changed from assessing at 100 percent to 92 percent of assessed value for 2022 tax year.

Bedford County No adjustments yet but considering PPTRA relief rate

Bland County Adjusted PPTRA rate for one year.

Botetourt County Providing $250,000 in additional relief above the normal PPTRA.

Messaging about recent investments in the County such as fiber to the home, small business program, real estate tax relief.

Campbell County Applied 80% assessment ratio and reduced personal property tax rate by $0.05.

Caroline County Lowered personal property tax rate from $3.80/$100 of assessed value to $3.50/$100 and eliminated the $30 vehicle license tax

Carroll County Used authority in 2022 legislation to create separate class of personal property and reduced rates in that category from $2.30/ 100 to $2.15/ 100.
Deferred collecting vehicle license fee from December 2022 to December 2023, resulting in a vehicle license fee savings to citizens of $700,000.

Charlotte County Increased personal property tax In FY 2022, the Board reduced

VACO Car Tax Survey

Tracy Highlight

Tracy Rectangle

Tracy Highlight

Actions taken to address inereasesin wed car values ~AvgUs 2022 survey responses

‘Albemarle County

Reduced personal property tax rate from $4.28 per $100 of assessed value to $3.42. This

For calendar year 2022, the personal property vehicle valuations ar

$0.86 decrease is 20% less than | increase 26%. the prior rate. he personal property | Action affected personal property other than

across the board.

automobiles, but autos are the bulk of personal property in Amelia.

Changed from

of assessed value for 2022 tax year.

yet but considering PPTRA relief rate

for one year.

Messaging about recent investments in the County such as fiber to the home, small business program, real estate tax relief.

| i in

Caroline County

Lowered personal property tax rate from $3.80/$100 of assessed value to $3.50/$100 and eliminated the $30 vehicle license tax

from $2.30/ 100 to $2.15/ 100. Deferred collecting vehicle license fee from December 2022 to December 2023, resulting in a vehicle license fee savings to citizens of $700,000.

In FY 2022, the Board reduced

Page 1 of 2

Actions taken to address increases in used car values – August 2022 survey responses

Page 2 of 2

rate but not to pre-COVID level. the personal property tax rate from $3.95 to $2.60 as a one- time adjustment. To balance the FY2023 budget the rate was increased back to $3.25, but not to the pre-COVID rate of $3.95.

Chesterfield County In FY 2022 budget, increased the 100 percent exemption level on personal property taxes from $1,000 to $1,500.

In FY 2023 budget, increased relief from the PPTRA program on the first $20,000 of a vehicle’s assessment from 46 percent to 55 percent. Also reduced vehicle registration fee from $40 per vehicle to $20.

FY 2023 actions resulted in approximately $30 million in tax relief. As part of FY 2024 budget, exploring options, including reserving a portion of any FY2022 surplus to be used to offset elevated values that are projected to remain in FY2024 and to temper any reduction of PPTRA calculation based on new values.
Additionally, County is exploring options to assess a percentage of next year’s assessments not at the 100% assessed value.

Clarke County Applied assessment ratio to reduce assessed values by 15 percent across the board

Franklin County Reduced the ratio of the assessed value by 22% for vehicles assessed using the NADA pricing guide which would eliminate any significant surplus in personal property taxes for Fiscal Year 2023 (utilized a 78% ratio against the assessed value according to the NADA pricing guide).

Frederick County Lowered personal property tax rate and also considering some form of rebate. Amount/ mechanism for the rebate not yet determined.

Gloucester County Adopted a lower personal property tax rate for vehicles.

The rate for vehicles was set at $2.30 per $100 of value versus $2.95 for tangible personal property not otherwise exempt or set out

Grayson County Providing refund per legislation passed in 2022; moved due date to September 2

Tracy Highlight

‘Actions taken to address increases in used car values ~ August 2022 survey responses

the personal property tax rate from $3.95 to $2.60 as a one- time adjustment. To balance the FY2023 budget the rate was increased back to $3.25, but not to the pre-COVID rate of $3.95.

the 100 percent exemption

level on personal property taxes from

resulted in approximately $30 million in tax relief. As part of FY 2024 budget, exploring options, including reserving a portion of any FY2022 surplus to be used to offset elevated values that are projected to remain in FY2024 and to temper any reduction of PPTRA calculation based on new values.

for vehicles assessed using the NADA pricing guide which would eliminate any significant surplus in personal property taxes for

Lowered personal property tax rate and also considering some

form of rebate. si

The rate for vehicles was set at $2.30 per $100 of value versus $2.95 for tangible personal property not otherwise exempt orset out

an f

Page 2 of 2

Actions taken to address increases in used car values – August 2022 survey responses

Page 3 of 2

Isle of Wight County Reduced personal property tax rate by $0.60, which translates to approximately $2 million in revenue.

Total expected new revenue if no action was taken was approximately $4 million.

Lee County No changes to rate or valuation method.

Loudoun County Set assessment ratio at 80 percent

Louisa County Reduced assessment ratio from 100 to 90 percent.

Madison County Used authority in 2022 legislation to create separate class and lower personal property tax rate from $3.60 to $3.00/$100 assessed value for cars/trucks.

Mathews County No action Expecting market to correct itself as new car production increases

Mecklenburg County Using increase in revenue to demolish and replace elementary school.

Nelson County Offset increase in values with reduced tax rate for personal property.

Nottoway County Used authority in 2022 legislation to reduce rate on new class of cars/trucks; re- examined PPTRA rate and adjusted from 60 to 45 percent.

Prince William County Assessing at 80 percent of value this year.

Pulaski County Applying assessment ratio of 93 percent.

Rappahannock County Reduced personal property tax rate to essentially equalize revenue.

CY2021 General Fund PP: $4.25/$100 + Fire Levy PP: $0.20/$100 CY2022 General Fund PP: $3.10/$100 + Fire Levy PP: $0.20/$100

Rockingham County Planning to carve out Vehicle Tax from the Personal Property Tax for years 2022, 2023, and 2024, as allowed. (Planning to reduce rate from $3.00 to

In the process of advertising for a public hearing on September 14th in order to request the Board to take action. The County’s Personal Property Tax

Tracy Highlight

‘Actions taken to address increases in used car values ~ August 2022 survey responses

Isle of Wight County

[teeCounty [Loudoun County | [Louisa County

Reduced personal property tax

rate by $0.60, which translates to approximately $2 million in revenue,

Total expected new revenue if no action was taken was approximately $4 million

Madison County

Used authority in 2022

legislation to create separate class and lower personal property tax rate from $3.60 to $3.00/$100 assessed value for cars/trucks.

Expecting market to correct, itself as new car production increases

Nelson County

Offset increase in values with reduced tax rate for personal property.

Nottoway County

Used authority in 2022 legislation to reduce rate on new class of cars/trucks; re- examined PPTRA rate and adjusted from 60 to 45 percent.

Assessing at 80 percent of value this year.

Prince William County

‘C¥2021 General Fund PP: $4,25/$100 + Fire Levy PP: $0.20/$100

CY2022 General Fund PP: $3.10/$100 + Fire Levy PP: $0.20/$100

Rockingham County

Planning to carve out Vehicle Tax from the Personal Property Tax for years 2022, 2023, and 2024, as allowed. (Planning to reduce rate from $3.00 to

In the process of advertising for ‘a public hearing on September 14th in order to request the Board to take action. The County’s Personal Property Tax

Page 3 of 2

Actions taken to address increases in used car values – August 2022 survey responses

Page 4 of 2

$2.65.)

Also planning to reduce the rate for Recreation Vehicles in the same manner.

is due December 5th.

Scott County No changes Shenandoah County FY 23 adopted budget included

a $0.10 reduction in the county’s personal property tax levy from $3.90 to $3.80.

Smyth County Lowered personal property tax rate for cars/trucks/etc. (from $2.30 to $2.15) using authority enacted in 2022.

Westmoreland County Assessed vehicle value at 90 percent, then applied tax relief of 21 percent to qualified vehicles.

York County 1) Reduced the late penalty from 10 percent to 2 percent for the period of July 20, 2022, to September 30, 2022.
2) Created a hardship relief program to provide direct relief to income-qualified individuals/households. 3) Will return $3.5 million in excess personal property tax revenues to taxpayers by issuing a credit on the second half (December) 2022 tax bill.

Rebate calculation uses two factors – the increase in assessed value from December 2021 to June 2022, and the decrease in state tax relief (PPTRA) applied – to attempt to “mirror” the effects of the increases in assessments.

Tracy Highlight

Tracy Sticky Note 6.5% Reduction

Tracy Highlight

‘Actions taken to address increases in used car values ~ August 2022 survey responses

$2.65.)

Also planning to reduce the rate for Recreation Vehicles in the same manner.

is due December 5th.

FY 23 adopted budget included

levy from $3.90 to $3.80.

using authority enacted in 2022

Ly then applied tax relief

of 21 percent to qualified vehicles.

Reduced the late penalty from 10 percent to 2 percent for the period of July 20, 2022, to September 30, 2022.

Rebate calculation uses two factors - the increase in assessed value from December 2021 to June 2022, and the decrease in state tax relief (PPTRA) applied - to attempt to “mirror” the effects of the increases in assessments.

Page 4 of 2

Code of Virginia Personal Property Tax Relief § 58.1-3523. Definitions As used in this chapter: “Commissioner of the revenue” means the same as that set forth in § 58.1-3100. For purposes of this chapter, in a county or city which does not have an elected commissioner of the revenue, “commissioner of the revenue” means the officer who is primarily responsible for assessing motor vehicles for the purposes of tangible personal property taxation. “Department” means the Department of Motor Vehicles. “Effective tax rate” means the tax rate imposed by a locality on tangible personal property multiplied by any assessment ratio in effect. “Leased” means leased by a natural person as lessee and used for nonbusiness purposes. “Privately owned” means owned by a natural person and used for nonbusiness purposes. “Qualifying vehicle” means any passenger car, motorcycle, autocycle, and pickup or panel truck, as those terms are defined in § 46.2-100, that is determined by the commissioner of the revenue of the county or city in which the vehicle has situs as provided by § 58.1-3511 to be (i) privately owned; (ii) leased pursuant to a contract requiring the lessee to pay the tangible personal property tax on such vehicle; or (iii) held in a private trust for nonbusiness purposes. In determining whether a vehicle is a qualifying vehicle, the commissioner of revenue must rely on the registration of such vehicle with the Department pursuant to Chapter 6 (§ 46.2-600 et seq.) of Title 46.2 or, for leased vehicles, the information of the Department pursuant to subsections B and C of § 46.2-623, unless the commissioner of the revenue has information that the Department’s information is incorrect, or to the extent that the Department’s information is incomplete. For purposes of this chapter, all-terrain vehicles and off-road motorcycles titled with the Department of Motor Vehicles and mopeds shall not be deemed qualifying vehicles. “Tangible personal property tax” means the tax levied pursuant to Article 1 (§ 58.1-3500 et seq.) of Chapter 35 of Title 58.1. “Tax year” means the 12-month period beginning in the calendar year for which tangible personal property taxes are imposed. “Treasurer” means the same as that set forth in § 58.1-3123, when used herein with respect to a county or city. When used herein with respect to a town, “treasurer” means the officer who is primarily responsible for the billing and collection of tangible personal property taxes levied upon motor vehicles by such town, and means the treasurer of the county or counties in which such town is located if such functions are performed for the town by the county treasurer or treasurers. “Used for nonbusiness purposes” means the preponderance of use is for other than business purposes. The preponderance of use for other than business purposes shall be deemed not to be satisfied if: (i) the motor vehicle is expensed on the taxpayer’s federal income tax return pursuant to Internal Revenue Code § 179; (ii) more than 50 percent of the basis for depreciation of the

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http://law.lis.virginia.gov/vacode/58.1-3100/ http://law.lis.virginia.gov/vacode/46.2-100/ http://law.lis.virginia.gov/vacode/58.1-3511/ http://law.lis.virginia.gov/vacode/46.2-600/ http://law.lis.virginia.gov/vacode/46.2-623/ http://law.lis.virginia.gov/vacode/58.1-3500/ http://law.lis.virginia.gov/vacode/58.1-3123/ Tracy Highlight

Tracy Highlight

Tracy Rectangle

As used in this chapter:

“Commissioner of the revenue” means the same as that set forth in § 58.1-3100. For purposes of this chapter, in a county or city which does not have an elected commissioner of the revenue, “commissioner of the revenue” means the officer who is primarily responsible for assessing motor vehicles for the purposes of tangible personal property taxation.

“Department” means the Department of Motor Vehicles.

*Leased” means leased by a natural person as lessee and used for nonbusiness purposes.

“Qualifying vehicle” means any passenger car, motorcycle, autocycle, and pickup or panel truck, as those terms are defined in § 46.2-100, that is determined by the commissioner of the revenue

of the county or city in which the vehicle has situs as provided by § 58.1-551 to be (i) privately ‘owned; (ii) leased pursuant to a contract requiring the lessee to pay the tangible personal property tax on such vehicle; or In determining whether a vehicle is a qualifying vehicle, the

‘ith the Department pursuant to Chapter 6 (§ 46.2-600 et seq.) of Title 46.2 or, for leased vehicles, the information of the Department pursuant to subsections B and C of § 46.2-623, unless the commissioner of the revenue has information that the Department’s information is incorrect, or to the extent that the Department’s information is incomplete. For purposes of this chapter, all-terrain vehicles and off-road motorcycles titled with the Department of Motor Vehicles and mopeds shall not be deemed qualifying vehicles.

‘Tangible personal property tax" means the tax levied pursuant to Article 1 (§ 58.1-3500 et seq.)

of Chapter 35 of Title 58.1.

“Treasurer” means the same as that set forth in § 58.1-3123, when used herein with respect to a county or city. When used herein with respect to a town, “treasurer” means the officer who is primarily responsible for the billing and collection of tangible personal property taxes levied upon motor vehicles by such town, and means the treasurer of the county or counties in which such town is located if such functions are performed for the town by the county treasurer or treasurers.

-Used for nonbusiness purposes” means the preponderance of use is for other than business

purposes. The preponderance of use for other than business purposes shall be deemed not to be

satisfied if () the motor vehicle is expensed on the taxpayer’ federal income tax return pursuant to Internal Revenue Code § 179; Gi) more than 50 percent ofthe basis for depreciation ofthe

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motor vehicle is depreciated for federal income tax purposes; or (iii) the allowable expense of total annual mileage in excess of 50 percent is deductible for federal income tax purposes or reimbursed pursuant to an arrangement between an employer and employee. “Value” means the fair market value determined by the method prescribed in § 58.1-3503 and used by the locality in valuing the qualifying vehicle. 1998, Sp. Sess. I, c. 2;1999, c. 189;2004, Sp. Sess. I, c. 1;2006, c. 896;2007, cc. 314, 815;2010, c. 499;2013, c. 783;2015, cc. 96, 152. § 58.1-3524. Tangible personal property tax relief; local tax rates on vehicles qualifying for tangible personal property tax relief A. For tax year 2006 and all tax years thereafter, counties, cities, and towns shall be reimbursed by the Commonwealth for providing the required tangible personal property tax relief as set forth herein. B. For tax year 2006 and all tax years thereafter, the Commonwealth shall pay a total of $950 million for each such tax year in reimbursements to localities for providing the required tangible personal property tax relief on qualifying vehicles in subsection C. No other amount shall be paid to counties, cities, and towns for providing tangible personal property tax relief on qualifying vehicles. Each county’s, city’s, or town’s share of the $950 million for each such tax year shall be determined pro rata based upon the actual payments to such county, city, or town pursuant to this chapter for tax year 2005 as compared to the actual payments to all counties, cities, and towns pursuant to this chapter for tax year 2005, as certified in writing by the Auditor of Public Accounts no later than March 1, 2006, to the Governor and to the chairmen of the Senate Committee on Finance and Appropriations and the House Committee on Appropriations. The amount reimbursed to a particular county, city, or town for tax year 2006 for providing tangible personal property tax relief shall be the same amount reimbursed to such county, city, or town for each subsequent tax year. The reimbursement to each county, city, or town for tax year 2006 shall be paid by the Commonwealth over the 12-month period beginning with the month of July 2006 and ending with the month of June 2007, as provided in the general appropriation act. For all tax years subsequent to tax year 2006, reimbursements shall be paid over the same 12-month period. All reimbursement payments shall be made by check issued by the State Treasurer to the respective treasurer of the county, city, or town on warrant of the Comptroller. C. For tax year 2006 and all tax years thereafter, each county, city, or town that will receive a reimbursement from the Commonwealth pursuant to subsection B shall provide tangible personal property tax relief on qualifying vehicles by reducing its local tax rate on qualifying vehicles as follows:

The local governing body of each county, city, or town shall fix or establish its tangible personal property tax rate for its general class of tangible personal property, which rate shall also be applied to that portion of the value of each qualifying vehicle that is in excess of $20,000.
After fixing or establishing its tangible personal property tax rate for its general class of tangible personal property, the local governing body of the county, city, or town shall fix or establish one or more reduced tax rates (lower than the rate applied to the general class of tangible personal property) that shall be applied solely to that portion of the value of each

2 9/23/2022 12:00:00 AM

Tracy Highlight

motor vehicle is depreciated for federal income tax purposes; or

reimbursed pursuant to an arrangement between an employer and employee.

1998, Sp. Sess. I, c. 251999, c. 18932004, Sp. Sess. I, c. 152006, c. 896;2007, ce. 514, 81532010, c. 499;2013, c. 785;2015, ce. 96, 152.

cities, and towns as set forth

the Commonwealth shall pay a total of $950

in subsection C. No other amount shall be paid to counties, cities, and towns for providing tangible personal property tax relief on qualifying vehicles. Each county’s, city’s, or town’s share of the $950 million for each such tax year shall be determined pro rata based upon the actual payments to such county, city, or town pursuant to this chapter for tax year 2005 as compared to the actual payments to all counties, cities, and towns pursuant to this chapter for tax year 2005, as certified in writing by the Auditor of Public Accounts no later than March 1, 2006, to the Governor and to the chairmen of the Senate Committee on Finance and Appropriations and the House Committee on Appropriations. The amount reimbursed to a particular county, city, or town for tax year 2006 for providing tangible personal property tax relief shall be the same amount reimbursed to such county, city, or town for each subsequent tax year.

million’

beginning with the month of July 2006 and ending with the month of June 2007, as provided in the general appropriation act. For all tax years subsequent to tax year 2006, reimbursements shalll be paid over the same 12-month period. All reimbursement payments shall be made by check issued by the State Treasurer to the respective treasurer of the county, city, or town on warrant of the Comptroller.

city, or town

city, or town’

2 9/23/2022 12:00:06

qualifying vehicle that is not in excess of $20,000. No other tangible personal property tax rate shall be applied to that portion of the value of each qualifying vehicle that is not in excess of $20,000. Such reduced tax rate or rates shall be set at an effective tax rate or rates such that (i) the revenue to be received from such reduced tax rate or rates on that portion of the value of qualifying vehicles not in excess of $20,000 plus (ii) the revenue to be received on that portion of the value of qualifying vehicles in excess of $20,000 plus (iii) the Commonwealth’s reimbursement is approximately equal to the total revenue that would have been received by the county, city, or town from its tangible personal property tax had the tax rate for its general class of tangible personal property been applied to 100 percent of the value of all qualifying vehicles. 3. Notwithstanding the provisions of subdivisions 1 and 2, beginning with tax year 2016, each county, city, and town that receives reimbursement shall ensure that the reimbursement pays for all of the tax attributable to the first $20,000 of value on each qualifying vehicle leased by an active duty member of the United States military, his spouse, or both, pursuant to a contract requiring him, his spouse, or both to pay the tangible personal property tax on such vehicle. The provisions of this subdivision apply only to a vehicle that would not be taxed in Virginia if the vehicle were owned by such military member, his spouse, or both. D. On or before the date the certified personal property tax book is required by § 58.1-3118 to be provided to the treasurer, the commissioner of the revenue shall identify each qualifying vehicle and its value to the treasurer of the locality. E. The provisions of this section are mandatory for any county, city, or town that will receive a reimbursement pursuant to subsection B. 1998, Sp. Sess. I, c. 2;2004, Sp. Sess. I, c. 1;2015, c. 266. §§ 58.1-3525 through 58.1-3533. Repealed Repealed by Acts 2004, Sp. Sess. I, c. 1, cl. 6, effective January 1, 2006. § 58.1-3534. Department to furnish information to commissioners of revenue A. The Department shall provide to the commissioners of revenue such data or information it has available which is needed for the commissioners of revenue to comply with the provisions of this chapter. Such data or information shall be made available in a manner which will allow for compliance with the provisions of this chapter. B. The Department shall include in the information furnished to commissioners of the revenue pursuant to subsection A regarding vehicles qualifying for personal property tax relief, whether the vehicle is held in a private trust for nonbusiness purposes by an individual beneficiary. 1998, Sp. Sess. I, c. 2;2011, c. 13. § 58.1-3535. Commissioner of the revenue to furnish information to the treasurer The commissioner of the revenue shall timely provide to the treasurer such data or information as may be required for the treasurer to comply with the provisions of this chapter. 1998, Sp. Sess. I, c. 2. § 58.1-3536. Repealed Repealed by Acts 2004, Sp. Sess. I, c. 1, cl. 6, effective January 1, 2006.

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city, or town

3, Notwithstanding the provisions of subdivisions 1 and 2, beginning with tax year 2016, each county, city, and town that receives reimbursement shall ensure that the reimbursement pays for all of the tax attributable to the first $20,000 of value on each qualifying vehicle leased by an active duty member of the United States military, his spouse, or both, pursuant to a contract requiring him, his spouse, or both to pay the tangible personal property tax on such vehicle. The provisions of this subdivision apply only to a vehicle that would not be taxed in Virginia if the vehicle were owned by such military member, his spouse, or both.

D. On or before the date the certified personal property tax book is required by § 58.1-3118 to be provided to the treasurer, the commissioner of the revenue shall identify each qualifying vehicle and its value to the treasurer of the locality.

E. The provisions of this section are mandatory for any county, city, or town that will receive a reimbursement pursuant to subsection B.

1998, Sp. Sess. I, c. 252004, Sp. Sess. I, ¢. 1;2015, c. 266.

88 58.1-3525 through 58.1-3533, Repealed Repealed by Acts 2004, Sp. Sess. I, c. 1, cl. 6, effective January 1, 2006.

A. The Department shall provide to the commissioners of revenue such data or information it has available which is needed for the commissioners of revenue to comply with the provisions of this chapter. Such data or information shall be made available in a manner which will allow for compliance with the provisions of this chapter.

B. The Department shall include in the information furnished to commissioners of the revenue pursuant to subsection A regarding vehicles qualifying for personal property tax relief, whether the vehicle is held in a private trust for nonbusiness purposes by an individual beneficiary.

1998, Sp. Sess. I, c. 252011, c. 15.

The commissioner of the revenue shall timely provide to the treasurer such data or information as may be required for the treasurer to comply with the provisions of this chapter.

1998, Sp. Sess. I, c. 2.

§ 58.1-3536. Repealed Repealed by Acts 2004, Sp. Sess. I, c. 1, cl. 6, effective January 1, 2006.

3 9/23/2022 12:00:06

 Board of Supervisors                       Action Item A-1

137 Highland Drive Presenter: Chairperson Lebanon, VA 24266

     Meeting: 10/11/22       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:

o Unapproved minutes of September 12, 2022

STAFF RECOMMENDATION(s): Board discretion

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

ATTACHMENTS:

• Board Minutes

Board of Supervisors Action Item A-1 137 Highland Drive Presenter: Chairperson Lebanon, VA 24266

Meeting: 10/11/22 6:00 PM

Approval of Minutes

Request approval of the minutes from the following meeting: © Unapproved minutes of September 12, 2022

STAFF RECOMMENDATION(S): Board discretion

SUGGESTED MOTION(:

Motion to approve Board Minutes.

ATTACHMENTS:

Board Minutes

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

September 12, 2022

A regular monthly meeting of the Russell County Board of Supervisors was held on Monday, September 12, 2022 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 David Eaton Steve Breeding Rebecca Dye Oris Christian

Absent: Carl Rhea

Invocation by Caleb Johnson followed by the Pledge of Allegiance to the Flag.

Presentations

Linda Skeens was recognized as the “Viral County Fair Queen” by the Board of Supervisors and was presented a resolution in her honor.

The Board presented Russell County Country music band 49 Winchester with a resolution proclaiming April 09 as the Annual “49 Winchester Day” in Russell County.

Dora Martin, representing Vet Fest gave the Board an overview of the Vet Fest event to be held on September 24, 2022.

Cuba Porter, Chairman of The Russell County Public Service Authority gave an update on the fire hydrants and PSA projects.

New Business

APPROVAL OF THE AUGUST 01, 2022 MINUTES

Motion made by David Eaton, second Steve Breeding as duly approved by the Board of Supervisors to approve the August 01, 2022 minutes and dispense with the reading thereof.

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

APPROVAL OF GENERAL COUNTY INVOICES

September 12, 2022

A regular monthly meeting of the Russell County Board of Supervisors was held on Monday, September 12, 2022 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

David Eaton

Steve Breeding

Rebecca Dye

Oris Christian

Absent: Carl Rhea

Invocation by Caleb Johnson followed by the Pledge of Allegiance to the Flag. Presentations

Linda Skeens was recognized as the “Viral County Fair Queen” by the Board of Supervisors and was presented a resolution in her honor.

‘The Board presented Russell County Country music band 49 Winchester with a resolution proclaiming April 09 as the Annual “49 Winchester Day” in Russell County.

Dora Martin, representing Vet Fest gave the Board an overview of the Vet Fest event to be held on September 24, 2022.

Cuba Porter, Chairman of The Russell County Public Service Authority gave an update on the fire hydrants and PSA projects.

New Business APPROVAL OF THE AUGUST 01, 2022 MINUTES

Motion made by David Eaton, second Steve Breeding as duly approved by the Board of Supervisors to approve the August 01, 2022 minutes and dispense with the reading thereof.

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

APPROVAL OF GENERAL COUNTY INVOICES

Motion made by Steve Breeding, second Oris Christian as duly approved by the Board of Supervisors to approve of general county invoices in the amount of $ , including reoccurring and withholdings.

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

Committee Appointments

LISA HUBBARD APPOINTED TO THE TOURISM ADVISORY COMMITTEE

Motion made by David Eaton, second Tim Lovelace and duly approved by the Board of Supervisors to appoint Lisa Hubbard to the Tourism Advisory Committee for a (2) two-year term, said term ending August 01, 2024.

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

HARRY FERGUSON APPOINTED TO THE RUSSELL COUNTY PSA

Motion made by Rebecca Dye, second Tim Lovelace and duly approved by the Board of Supervisors to appoint Harry Ferguson to The Russell County Public Service Authority to fill the unexpired term of Phillip Campbell, said term ending August 01, 2026.

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

KAREN DAVIS, SHARON SARGENT, SHARON VANDYKE AND JUDY ASHBROOK APPOINTED TO THE LIBRARY BOARD OF TRUSTEES

Motion made Steve Breeding, second David Eaton to re-appoint Karen Davis, Sharon Sargent, and Sharon VanDyke and to appoint Judy Ashbrook to the Russell County Library Board of Trustees for (4) four-year terms, said terms ending September 20, 2026.

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

Nay: None

MADDIE GORDON APPOINTED TO THE UPPER TENNESSEE RIVER ROUNDTABLE

Motion made by Rebecca Dye, second Tim Lovelace to appoint Maddie Gordon to the Upper Tennessee River Roundtable to fill the unexpired term of Nathaniel Rasnake, said term ending December 31, 2024.

Motion made by Steve Breeding, second Oris Christian as duly approved by the Board of Supervisors to approve of general county invoices in the amount of $ , including reoccurring and withholdings.

The vote was:

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

Committee Appointments

LISA HUBBARD APPOINTED TO THE TOURISM ADVISORY COMMITTEE

Motion made by David Eaton, second Tim Lovelace and duly approved by the Board of Supervisors to. appoint Lisa Hubbard to the Tourism Advisory Committee for a (2) two-year term, said term ending ‘August 01, 2024.

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

HARRY FERGUSON APPOINTED TO THE RUSSELL COUNTY PSA

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

KAREN DAVIS, SHARON SARGENT, SHARON VANDYKE AND JUDY ASHBROOK APPOINTED TO THE LIBRARY BOARD OF TRUSTEES

Motion made Steve Breeding, second David Eaton to re-appoint Karen Davis, Sharon Sargent, and ‘Sharon VanDyke and to appoint Judy Ashbrook to the Russell County Library Board of Trustees for (4) four-year terms, said terms ending September 20, 2026.

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

Nay: None

MADDIE GORDON APPOINTED TO THE UPPER TENNESSEE RIVER ROUNDTABLE

Motion made by Rebecca Dye, second Tim Lovelace to appoint Maddie Gordon to the Upper Tennessee River Roundtable to fill the unexpired term of Nathaniel Rasnake, said term ending December 31, 2024.

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

Citizens Comment

Brandon Moore, Moccasin stated that the Moccasin solid waste site has been closing early.

Victor Hall, Castlewood commented that a water main leak flooded his garage, and the PSA was at fault.

Annie Stevens, New Garden Rescue Squad requested ARPA funds to help with the expenses of the all the fire and rescue departments.

The following citizens spoke in favor of making Russell County a Pro-Life sanctuary:

Sandy Hess Michelle Vance Arnold King Dr. Don Zampogna Larry Hughes Adam Hess Stephen Damron Scotty Perkins Tim Whited Cody Jackson Michael Sautters Gordon Colob Kenny Bolling Mike Dye Jony Baker Jonathan Edwards Lynn Hess Shelly Reynolds Sue Hubbard Jody Shelton Kirby Meadows Ericia Hubbard Wayne Hubbard Delana Bodmer Nate Kiser Paul Herndon Darrell Fletcher

The Chair closed citizens’ comment.

APPROVAL OF A RESOLUTION PROCLAIMING RUSSELL COUNTY AS A PRO-LIFE SANCTUARY

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

Citizens Comment Brandon Moore, Moccasin stated that the Moccasin solid waste site has been closing early. Victor Hall, Castlewood commented that a water main leak flooded his garage, and the PSA was at fault.

Annie Stevens, New Garden Rescue Squad requested ARPA funds to help with the expenses of the all the fire and rescue departments.

‘The following citizens spoke in favor of making Russell County a Pro-Life sanctuary:

‘Sandy Hess Michelle Vance Arnold King

Dr. Don Zampogna Larry Hughes ‘Adam Hess ‘Stephen Damron Scotty Perkins Tim Whited Cody Jackson Michael Sautters Gordon Colob Kenny Bolling Mike Dye

Jony Baker Jonathan Edwards Lynn Hess

Shelly Reynolds ‘Sue Hubbard Jody Shelton Kirby Meadows, Ericia Hubbard Wayne Hubbard Delana Bodmer Nate Kiser

Paul Herndon Darrell Fletcher

The Chair closed citizens’ comment,

APPROVAL OF A RESOLUTION PROCLAIMING RUSSELL COUNTY AS A PRO-LIFE SANCTUARY

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to pass the original resolution (as written by Steve Breeding) proclaiming Russell County as a Pro-Life Sanctuary.

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

The Chair declared a 5- minute break.

The Chair reconvened the meeting.

APPROVAL OF THE AGENDA

Motion made by Oris Christian, second Rebecca Dye and duly approved by the Board of Supervisors to approve the agenda as presented.

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

Constitutional Office Reports and Requests

Treasurer Alicia McGlothlin commented that tax tickets were ready to go out and due to increased values, taxes would increase around 20%. She also discussed the school reversion funds.

County Attorney Reports and Requests

COUNTY PERSONNEL POLICY INSURANCE INCENTIVE TO INCLUDE EMPLOYEES OF CONSTITUTIONAL OFFICES

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors amend the Russell County Personnel Policy to include employees of constitutional offices in the insurance retirement incentive.

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

APPROVAL OF A LANDFILL CONTRACT WITH POTESTA AND ASSOCIATES

Motion made by Rebecca Dye, second Tim Lovelace and duly approved by the Board of Supervisors to approve the Russell County Landfill Consultant Contract with Potesta and Associates with modifications to the contract as made by the County Attorney.

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

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to ass the original resolution (as written by Steve Breeding) proclaiming Russell County as a Pro-Life Sanctuary.

The vote was

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

The Chair declared a 5- minute break.

The Chair reconvened the meeting

APPROVAL OF THE AGENDA

Motion made by Oris Christian, second Rebecca Dye and duly approved by the Board of Supervisors to approve the agenda as presented.

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

Constitutional Office Reports and Requests

Treasurer Alicia McGlothlin commented that tax tickets were ready to go out and due to increased values, taxes would increase around 20%. She also discussed the school reversion funds,

County Attorney Reports and Requests

COUNTY PERSONNEL POLICY INSURANCE INCENTIVE TO INCLUDE EMPLOYEES OF CONSTITUTIONAL OFFICES

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Super amend the Russell County Personnel Policy to include employees of constitutional offices in the insurance retirement incent

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

APPROVAL OF A LANDFILL CONTRACT WITH POTESTA AND ASSOCIATES

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

APPROVAL OF $1000 PER MONTH IN ARPA FUNDS FOR FIRE AND RESCUE AGENCIES

Motion made by Rebecca Dye, second David Eaton and duly approved by the Board of Supervisors to allocate $1000 per month for 12 months to county fire and rescue agencies from ARPA funds.

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

APPROVAL OF A VDOT DANTE DEPOT RENOVATION CONTRACT

Motion made by David Eaton, second Rebecca Dye and duly approved by the Board of Supervisors to approve a VDOT Dante Depot Renovation Contract.

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

APPROVAL OF THE DHCD DANTE SEWER LINE EXTENSION AGREEMENT

Motion made by Rebecca Dye, second David Eaton and duly approved by the Board of Supervisors to approve the DHCD Sewer Line Extension Agreement.

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

APPROVAL OF A DCJS VICTIM WITNESS GRANT IN THE AMOUNT OF $70,000

Motion made by David Eaton, second Rebecca Dye and duly approved by the Board of Supervisors to accept and appropriate a DCJS Victim Witness Grant in the amount of $70,000.

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

APPROVAL TO PURCHASE AN ICE TABULATOR FOR VOTER REGISTRATION

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to approve the purchase of an ICE Tabulator as requested by the Voter Registration office in the amount of $8625.00.

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

APPROVAL OF A VDOT RESOLUTION -PROJECT 7058-097-105, G302, G303

APPROVAL OF $1000 PER MONTH IN ARPA FUNDS FOR FIRE AND RESCUE AGENCIES

Motion made by Rebecca Dye, second David Eaton and duly approved by the Board of Supervisors to allocate $1000 per month for 12 months to county fire and rescue agencies from ARPA funds.

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

APPROVAL OF A VDOT DANTE DEPOT RENOVATION CONTRACT

Motion made by David Eaton, second Rebecca Dye and duly approved by the Board of Supervisors to approve a VDOT Dante Depot Renovation Contract.

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

APPROVAL OF THE DHCD DANTE SEWER LINE EXTENSION AGREEMENT

Motion made by Rebecca Dye, second David Eaton and duly approved by the Board of Supervisors to approve the DHCD Sewer Line Extension Agreement.

The vote was ‘Aye: Rebecca Dye, Da Nay: None

Eaton, Tim Lovelace, Steve Breeding, Oris Christian and Lou Wallace

APPROVAL OF A DCIS VICTIM WITNESS GRANT IN THE AMOUNT OF $70,000

Motion made by David Eaton, second Rebecca Dye and duly approved by the Board of Supervisors to accept and appropriate a DCIS Victim Witness Grant in the amount of $70,000.

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

APPROVAL TO PURCHASE AN ICE TABULATOR FOR VOTER REGISTRATION

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

APPROVAL OF A VDOT RESOLUTION -PROJECT 7058-097-105, G302, G303

Motion made by Rebecca Dye, second Tim Lovelace and duly approved by the Board of Supervisors to approve a VDOT Resolution for Highway System – Project 7058-097-105, G302 and G303.

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

APPROVAL OF A CSA SUPPLEMENT REQUEST IN THE AMOUNT OF $11,141.09

Motion made by David Eaton, second Rebecca Dye and duly approved by the Board of Supervisors to approve a CSA Supplement request in the amount of $11,141.09.

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

APPROVAL OF $356,522.13 RUSSELL COUNTY SCHOOL BOARD REVERSION FUNDS CORRECTION

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to accept the correction of Russell County Schools reversion funds in the amount of $356,522.13.

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

ACCEPTANCE OF A $43,265.96 NATIONAL OPIOIDS SETTLEMENT PAYMENT

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to accept and appropriate a National Opioids settlement payment in the amount of $43,265.96.

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

APPROVAL TO ADVERTISE FOR A TOURISM COORDINATOR

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to advertise for a Russell County Tourism Coordinator.

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

APPROVAL OF RC PLANNING COMMISSION PLAT FOR GREGORY & AUDREY TILLER

Motion made by Rebecca Dye, second David Eaton and duly approved by the Board of Supervisors to approve a plat for Gregory and Audrey Tiller as requested by the Russell County Planning Commission.

Motion made by Rebecca Dye, second Tim Lovelace and duly approved by the Board of Supervisors to approve a VDOT Resolution for Highway System — Project 7058-097-105, G302 and G303.

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