2023-01-03 18 00-Russell BOS-Regular Meeting-Packet

2023-01-03 18 00-Russell BOS-Regular Meeting-Packet

Document Date: January 3, 2023 Document: 2023-01-03_18_00-Russell_BOS-Regular_Meeting-Packet.pdf

OCR Scan (approximately)

This OCR scan may contain automatically generated text as generated using Apache Tika and Tesseract. It may not be correct. No effort has been made to correct any of these scans (so far). These OCR scans are also used in the site's Search feature. Please review the Search Policy for details about the site features. The OCR scan is provided here for reference purposes. It provides searchable text when the underlying document might not. But the scan process may not always work perfectly.

Agenda Board of Supervisors January 3, 2023

Russell County Page 1

RUSSELL COUNTY

BOARD OF SUPERVISOR’S MEETING

AGENDA – JANUARY 3, 2023

BOS Board Room Regular Meeting 6:00 PM

Russell County Governmental Center

Lebanon, Virginia 24266

CALL TO ORDER & ROLL CALL – Clerk of the Board

EXECUTIVE SESSION (CLOSED) – Legal Matters – Proposed Economic Development Project and County Ordinances. (Executive Session will begin at 5 p.m. and closed to the general public. Citizens are welcome to attend and wait in the boardroom until Executive Session is complete.)

INVOCATION

PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

ORGANIZATIONAL MEETING…………………………………………………………………A-1

Election of Chairman
Election of Vice-Chairman
Clerk of Board and Deputy Clerk
Adoption of Robert’s Rules of Order
Adoption of County’s By-Laws
2023 Board of Supervisors Regular Meeting Schedule
2023 Board of Supervisors Budget Meeting Schedule

Agenda Board of Supervisors January 3, 2023

RUSSELL COUNTY BOARD OF SUPERVISOR’S MEETING AGENDA — JANUARY 3, 2023

BOS Board Room Regular Meeting 6:00 PM

Russell County Governmental Center Lebanon, Virginia 24266

CALL TO ORDER & ROLL CALL - Clerk of the Board

EXECUTIVE SESSION (CLOSED) - Legal Matters — Proposed Economic Development Project

and County Ordinances. (executive Session will begin at 5 pm. and closed tothe general public. Citizens are welcome to attend complete.)

‘and wait in the boardroom until Executive Session

INVOCATION PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA

ORGANIZATIONAL MEETING…

Election of Chairman
Election of Vice-Chairman
Clerk of Board and Deputy Clerk
Adoption of Robert’s Rules of Order
Adoption of County’s By-Laws
2023 Board of Supervisors Regular Meeting Schedule
2023 Board of Supervisors Budget Meeting Schedule

Russell County Page 1

Agenda Board of Supervisors January 3, 2023

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 December 5, 2022

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

Budget/Finance Committee

One-Year Term One-Year Term

Vacant Vacant

Drill Community Center

Charlene Blankenship Two-Year Term Rachel Helton Two-Year Term Doug Lester Two-Year Term Harold Thomas Two-Year Term Betty Sue Hess Two-Year Term Michelle Tharp Two-Year Term

RC Industrial Development Authority (IDA)

Roger Sword Four-Year Term

Heart of Appalachia (HOA)

Shiloh Lyttle Two-Year Term

Cumberland Mt. Community Service Board (CSB)

Eric Brown (Declined) Three-Year Term

CITIZEN’S COMMENT PERIOD (Limited to 3 Minutes)

CONSTITUTIONAL OFFICER REPORTS AND REQUESTS

COUNTY ATTORNEY REPORTS AND REQUESTS

Finney Disposal Site Lease (Amended)………………………………………………C-1

Agenda Board of Supervisors January 3, 2023

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 December 5, 2022

Approval of Expenditures. Consider approval of expenditures presented for payment

Committee Appointments for Board Consideration…

Budget/Finance Committee

Vacant One-Year Term Vacant One-Year Term

Drill Community Center

Charlene Blankenship Two-Year Term Rachel Helton Two-Year Term Doug Lester Two-Year Term Harold Thomas Two-Year Term Betty Sue Hess Two-Year Term Michelle Tharp Two-Year Term

RC Industrial Development Authority (IDA)

Roger Sword Four-Year Term Heart of Appalachia (HOA
Shiloh Lyttle Two-Year Term

Cumberland Mt. Community Service Board (CSB)

Eric Brown (Declined) Three-Year Term

CITIZEN’S COMMENT PERIOD (Limited to 3 Minutes)

CONSTITUTIONAL OFFICER REPORTS AND REQUESTS

COUNTY ATTORNEY REPORTS AND REQUESTS

Finney Disposal Site Lease (Amended).

Russell County Page 2

Agenda Board of Supervisors January 3, 2023

Russell County Page 3

RC IDA Revenue Bond Moral Obligation……………………………………………C-2

COUNTY ADMINISTRATOR REPORTS AND REQUESTS

REPORTS

2022 VACo & Virginia Rural Center Rural Caucus Reception………………….D-1
State and Local Economic Interests and Financial Disclosure Statements….D-2
VDOT Monthly Road System Report……………………………………………………D-3

REQUESTS

DEQ Litter Prevention and Recycling Program - $19,456…………………………D-4
Southwest Virginia Regional Jail Authority Service Agreement…………………D-5
2023 Authorized Payments. Authorization of the list of operational routine monthly payments for delegated authorization……………….…………D-6
Glade Hollow Ball Park Deck Repair…………………………………………………D-7
Virginia America 250 Commission (VA250)…………………………………………D-8

BOARD DISCUSSIONS & REMINDERS

ADJOURNMENT

COUNTY AGENCY / BOARD REPORTS:

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

Agenda Board of Supervisors January 3, 2023

C-2

RC IDA Revenue Bond Moral Obligation… COUNTY ADMINISTRATOR REPORTS AND REQUESTS REPORTS
2022 VACo & Virginia Rural Center Rural Caucus Reception…
State and Local Economic Interests and Financial Disclosure Statements.
VDOT Monthly Road System Report…

REQUESTS

DEQ Litter Prevention and Recycling Program - $19,456…
Southwest Virginia Regional Jail Authority Service Agreement…

nal

2023 Authorized Payments. Authorization of the list of operat routine monthly payments for delegated authori:
Glade Hollow Ball Park Deck Repaii
Virginia America 250 Commission (VA250)…

BOARD DISCUSSIONS & REMINDERS. ADJOURNMENT COUNTY AGENCY / BOARD REPORTS:

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

Russell County Page 3

JANUARY 2023 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 January 2023 regular monthly board meeting from January 2nd, 2023, to

January 3rd, 2023, at 6 p.m. at the Russell County Board Room, located at 137 Highland Drive,

Lebanon, Virginia due to January 2nd, 2023, being a State Holiday.

Notice Given Pursuant to Section 2.2-3707 of the Code of Virginia on the 14th day

of December 2022.

BY ORDER OF THE RUSSELL COUNTY BOARD OF SUPERVISORS

Russell County Virginia

“The Heart of Southwest Virginia”

Tim Lovelace District 1

Steve Breeding 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

PUBLIC NOTICE

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

www.russellcountyva.us

http://www.russellcountyva.us/ Tim Lovelace District 1

Carl Rhea District 3

David Eaton District 4

Russell County Virginia “The Heart of Southwest Virginia”

Lou Ann Wallace, Chairperson District 2

ris Christian, Vice-Chairman At-Large

Steve Breeding District 5

Rebecca Dye District 6

Lonzo Lester County Administrator

PUBLIC NOTICE

JANUARY 2023 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 January 2023 regular monthly board meeting from January 2", 2023, to

January 3%, 2023, at 6 p.m. atthe Russell County Board Room, located at 137 Highland Drive,

Lebanon, Virginia due to January 2, 2023, being a State Holiday.

Notice Given Pursuant to Section 2.2-3707 of the Code of Virginia on the 14" day

of December 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

CLOSED SESSION

Motion made by , second by and duly approved by the Board of Supervisors enter into closed session to discuss Legal Matters pursuant to Section 2.2-3711(A)(5)(7)(8) – Legal Discussions concerning the proposed Economic Development Project and County Ordinances.

The vote was: Aye:
Nay:

CERTIFICATION OF CLOSED SESSION

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

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

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

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

Tim Lovelace -

Lou Ann Wallace -

Carl Rhea -

Steve Breeding -

David Eaton -

Rebecca Dye -

Oris Christian -

APPROVAL TO RETURN TO REGULAR SESSION

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

The vote was: Aye:
Nay:

CLOSED SESSION

Motion made by. , second by, and duly approved by the Board of Supervisors enter into closed session to discuss Legal Matters pursuant to Section 2.2-3711(A)(5)(7)(8) — Legal Discussions concerning the proposed Economic Development Project and County Ordinances.

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 Items

137 Highland Drive Chairperson Lebanon, VA 24266

       Meeting: 1/3/23    6:00 PM

Organizational Meeting

Election of Chairman
Election of Vice-Chairman
Clerk of Board and Deputy Clerk
Adoption of Robert’s Rules of Order
Adoption of County’s By-Laws
2023 Board of Supervisors Regular Meeting Schedule
2023 Board of Supervisors Budget Meeting Schedule

Staff Recommendation:

Board Discretion.

Suggested Motion:

Motions Required.

ATTACHMENTS: • 2023 Board of Supervisors Regular Meeting Schedule

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

Organizational Meeting

Election of Chairman
Election of Vice-Chairman
Clerk of Board and Deputy Clerk

4, Adoption of Robert’s Rules of Order

5, Adoption of County’s By-Laws

2023 Board of Supervisors Regular Meeting Schedule
2023 Board of Supervisors Budget Meeting Schedule

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

ATTACHMENTS:

2023 Board of Supervisors Regular Meeting Schedule

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

By Laws Russell County
• Adopted May 5, 2014

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

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

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

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

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

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

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

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

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

Lonzo Lester Underline

By Laws

Russell County « Adopted May 5, 2014

Article I

Russell County Board of Supervisors, Officers & Their Selection

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

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

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

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

Article IT

Duties of Officers

‘A. The Chairman shall:

(1) Preside at all meetings;

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

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

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

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

Article IIT

Agenda Preparation Policy

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

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

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

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

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

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

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

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

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

Article IV

Meetings

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

C. Order of Business

(1) Commencement of Meetings:

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

(2) Agenda:

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

E. Quorum & Method of Voting

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

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

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

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

vote shall be announced following each vote.

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

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

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

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

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

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

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

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

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

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

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

vote shall be announced following each vote.

G. General Rules of Procedure

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

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

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

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

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

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

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

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

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

H. Member Absenting Himself from Meeting Prior to Adjournment

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

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

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

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

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

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

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

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

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

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

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

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

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

I. Board to Sit with Open Doors

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

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

J. Citizens Comment Period

Rules for Citizen Comment Period

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Article V

Procedure for Dealing with Items Not on the Agenda

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

Article VI

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

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

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

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

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

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

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

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

C. Administer the financial control procedures of the County.

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

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

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

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

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

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

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

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

Article VII

Appointment of Committees

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

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

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

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

C. Administer the financial control procedures of the County.

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

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

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

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

Article IX

Amendments

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

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

                    Board of Supervisors       January 3, 2023

Russell County Page 1

RUSSELL COUNTY

BOARD OF SUPERVISOR’S MEETING

Russell County Governmental Center Lebanon, Virginia 24266

RUSSELL COUNTY BOARD OF SUPERVISORS REGULAR MEETING SCHEDULE

2023 GOVERNMENTAL CENTER

6:00 P.M.

January 3rd, Tuesday

February 6th, Monday

March 6th, Monday

April 3rd, Monday

May 1st, Monday

June 5th, Monday

July 3rd, Monday

August 7th, Monday

September 4th, Monday

October 2nd, Monday

November 6th, Monday

December 4th, Monday

• BOS Regular Board Meetings are on the first Monday of the month unless the BOS reschedules due to holidays, county events, emergencies, or schedules.

Board of Supervisors January 3, 2023

RUSSELL COUNTY

BOARD OF SUPERVISOR’S MEETING

Russell County Governmental Center Lebanon, Virginia 24266

RUSSELL COUNTY BOARD OF SUPERVISORS. REGULAR MEETING SCHEDULE 2023 GOVERNMENTAL CENTER 6:00 P.M.

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

December 4", Monday

BOS Regular Board Meetings are on the first Monday of the month unless the BOS

reschedules due to holidays, county events, emergencies, or schedules.

Russell County

Page 1

                    Board of Supervisors       January 3, 2023

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 2023/2024
BUDGET MEETING SCHEDULE

Date Activity

01/27/23 Letter of Budget Requests to Departments, Offices, & Agencies

02/17/23 Dead-line for Departmental Budget Requests

03/10/23 Budget Expenditures Compiled

03/17/23 Revenue Projections Compiled

03/24/23 Budget Committee Workshop

03/31/23 Budget Committee Workshop

04/03/23 Full Board of Supervisors Budget Work Session

04/11/23 Advertise Public Hearing for Budget and Tax Rates

04/18/23 Advertise Public Hearing for Budget and Tax Rates

05/01/23 Hold Public Hearing on FY 2023/2024 Budget and Tax Rates

06/05/23 Approve Budget at Regular June Meeting

Board of Supervisors January 3, 2023

RUSSELL COUNTY BOARD OF SUPERVISOR’S BUDGET MEETINGS

Russell County Governmental Center Lebanon, Virginia 24266

RUSSELL COUNTY BOARD OF SUPERVISORS FISCAL YEAR 2023/2024 BUDGET MEETING SCHEDULE

Date Activity 01/27/23 _Letter of Budget Requests to Departments, Offices, & Agencies 02/17/23 Dead-line for Departmental Budget Requests

03/10/23 Budget Expenditures Compiled

03/17/23 Revenue Projections Compiled

03/24/23 Budget Committee Workshop

03/31/23 Budget Committee Workshop

04/03/23 Full Board of Supervisors Budget Work Session

04/11/23 Advertise Public Hearing for Budget and Tax Rates

04/18/23 Advertise Public Hearing for Budget and Tax Rates

05/01/23 Hold Public Hearing on FY 2023/2024 Budget and Tax Rates 06/05/23 Approve Budget at Regular June Meeting

Russell County Page 1

 Board of Supervisors                       Action Item B-1

137 Highland Drive Presenter: Chairperson Lebanon, VA 24266

      Meeting: 1/3/23       6:00 PM

Russell County Government Center

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

Approval of Minutes

Request approval of the minutes from the following meeting:

• December 5, 2022 Board Minutes

STAFF RECOMMENDATION(s): Board discretion

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

ATTACHMENTS:

• Board Minutes

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

Meeting: 1/3/23 6:00 PM

Approval of Minutes

Request approval of the minutes from the following meeting:

December 5, 2022 Board Minutes

STAFF RECOMMENDATION(s): Board discretion

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

ATTACHMENTS:

Board Minutes

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

December 5, 2022

A regular monthly meeting of the Russell County Board of Supervisors was held on Monday, December 5, 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 Carl Rhea

Lonzo Lester, County Administrator Katie Patton, County Attorney Loretta Vance, Secretary

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

APPROVAL OF AGENDA

Motion made by Steve Breeding, second by David Eaton and duly approved by the board to approve the agenda as presented.

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

PUBLIC HEARING HELD ON RUSSELL COUNTY EMPLOYEE BONUS ORDINANCE

The Chair opened the Public Hearing

Kelly McBride, Russell County Library, spoke in favor of the bonus for full and part-time employees.

Hearing no other comments the Chair closed the public hearing.

RUSSELL COUNTY EMPLOYEE BONUS ORDINANCE

December 5, 2022

Aregular monthly meeting of the Russell County Board of Supervisors was held on Monday, December 5, 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 Carl Rhea

Lonzo Lester, County Administrator Katie Patton, County Attorney

Loretta Vance, Secretary

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

APPROVAL OF AGENDA

Motion made by Steve Breeding, second by David Eaton and duly approved by the board to approve the agenda as presented,

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

Nay: None

PUBLIC HEARING HELD ON RUSSELL COUNTY EMPLOYEE BONUS ORDINANCE

‘The Chair opened the Public Hearing

Kelly McBride, Russell County Library, spoke in favor of the bonus for full and part-time employees.

Hearing no other comments the Chair closed the public hearing.

RUSSELL COUNTY EMPLOYEE BONUS ORDINANCE

Motion made by David Eaton, second by Steve Breeding, and duly approved by the Board of Supervisors to approve an Ordinance for a One-Time Employee Bonus of $1,000 for full time employees and $500 for part-time employees who were eligible; employed with the county on June 30, 2022.

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

New Business

APPROVAL OF THE NOVEMBER 7, 2022 MINUTES

Motion made by David Eaton, second Steve Breeding, and duly approved by the Board of Supervisors to approve the November 07, 2022 minutes and dispense with the reading thereof.

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

APPROVAL OF GENERAL COUNTY INVOICES

Motion made by Carl Rhea, second David Eaton and duly approved by the Board of Supervisors to approve general county invoices in the amount of $2,070,792.61, including reoccurring and withholdings.

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

Committee Appointments

ERIC BROWN RE-APPOINTED TO THE CUMBERLAND MOUNTAIN COMMUNITY SERVICE BOARD

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to appoint Eric Brown to the Cumberland Mountain Community Service Board for a (3) three-year term, said term ending December 31, 2025.

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

DRILL COMMUNITY CENTER COMMITTEE RE-APPOINTED

Motion made by David Eaton, second Tim Lovelace and duly approved by the Board of Supervisors to re- appoint, Charlene Blankenship, Rachel Helton, Doug Lester, Harold Dean Thomas, and Betty Sue Hess to the Drill Community Center Committee for a (2) two-year term, said term ending December 31, 2024.

The vote was:

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

New Business

APPROVAL OF THE NOVEMBER 7, 2022 MINUTES

Motion made by David Eaton, second Steve Breeding, and duly approved by the Board of Supervisors to approve the November 07, 2022 minutes and dispense with the reading thereof.

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

APPROVAL OF GENERAL COUNTY INVOICES

Motion made by Carl Rhea, second David Eaton and duly approved by the Board of Supervisors to approve general county invoices in the amount of $2,070,792.61, including reoccurring and withholdings.

The vote was:

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

Committee Appointments

ERIC BROWN RE-APPOINTED TO THE CUMBERLAND MOUNTAIN COMMUNITY SERVICE BOARD

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Super appoint Eric Brown to the Cumberland Mountain Community Service Board for a (3) three-year term, said term ending December 31, 2025.

ors to

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

DRILL COMMUNITY CENTER COMMITTEE RE

\PPOINTED Motion made by David Eaton, second Tim Lovelace and duly approved by the Board of Supervisors to re- appoint, Charlene Blankenship, Rachel Helton, Doug Lester, Harold Dean Thomas, and Betty Sue Hess to

the Drill Community Center Committee for a (2) two-year term, said term ending December 31, 2024.

‘The vote was:

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

HEART OF APPALACHIA (HOA)

Motion made by David Eaton, second Steve Breeding, and duly approved by the Board of Supervisors to re-appoint Maddie Gordon to the Heart of Appalachia (HOA) for a (2) two-year term, said term ending December 31, 2024.

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

Citizens Comment

Chair opened Citizens Comment.

Kelly McBride, Russell County Library, presented an old VDOT map of Russell County to the board dated 1930’s.

Chair closed Public Comment period.

County Attorney Reports and Request

MOA WITH RUSSELL COUNTY IDA

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to approve the Moral Obligation Agreement for the Russell County IDA pending review by the county attorney.

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

County Administrator Reports and Requests

VIRGINIA OPIOID ABATEMENT COMMITTEE APPOINTED

Lou Wallace, Chair appointed Steve Breeding and Rebecca Dye to a committee to review the regulations and disbursements of the opioid settlement funds received by the county.

VDOT NOTICE OF TEMPORARY ROAD CLOSURE

Route 661, Artrip Road will be closed temporarily on December 15, 2022 from 9:00 am until 3:00 pm for a bridge inspection.

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

HEART OF APPALACHIA (HOA)

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

Citizens Comment

Chair opened Citizens Comment.

Kelly McBride, Russell County Library, presented an old VDOT map of Russell County to the board dated 1930’s.

Chair closed Public Comment period.

County Attorney Reports and Request

MOA WITH RUSSELL COUNTY IDA Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to approve the Moral Obligation Agreement for the Russell County IDA pending review by the county attorney,

The vote was:

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

County Administrator Reports and Requests

VIRGINIA OPIOID ABATEMENT COMMITTEE APPOINTED

Lou Wallace, Chair appointed Steve Breeding and Rebecca Dye to a committee to review the regulations and disbursements of the opioid settlement funds received by the county.

VDOT NOTICE OF TEMPORARY ROAD CLOSURE

Route 661, Artrip Road will be closed temporarily on December 15, 2022 from 9:00 am until 3:00 pm for a bridge inspection.

RUSSELL COUNTY DEPARTMENT OF SOCIAL SERVICES CSA SUPPLEMENTAL ALLOCATION FY23

Motion made by David Eaton and seconded by Oris Christian and duly approved by the Board of Supervisors to approve Department of Social Services CSA Supplemental Allocation FY23.

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

CHRISTMAS HOLIDAY SCHEDULE

Motion made by Carl Rhea and seconded by Oris Christian and duly approved by the Board of Supervisors for Russell County to observe the Supreme Court holiday schedule for county employees.

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

AUTHORIZATION FOR HOLIDAY PAY FOR PART-TIME EMPLOYEES

Motion made by David Eaton and seconded by Steve Breeding and duly approved by the Board of Supervisors to approve Part-time Employees Holiday pay.

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

JANUARY BOARD MEETING SCHEDULE

The Chair moved the January board meeting to Tuesday, January 3, 2023 @ 6:00 p.m.

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

______________________                                      ________________________
Clerk of the Board                                                       Chairperson

RUSSELL COUNTY DEPARTMENT OF SOCIAL SERVICES CSA SUPPLEMENTAL ALLOCATION FY23

Motion made by David Eaton and seconded by Oris Christian and duly approved by the Board of Supervisors to approve Department of Social Services CSA Supplemental Allocation FY23.

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

CHRISTMAS HOLIDAY SCHEDULE

Motion made by Car! Rhea and seconded by Oris Christian and duly approved by the Board of ‘Supervisors for Russell County to observe the Supreme Court holiday schedule for county employees.

The vote was:

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

AUTHORIZATION FOR HOLIDAY PAY FOR PART-TIME EMPLOYEES

Motion made by David Eaton and seconded by Steve Breeding and duly approved by the Board of Supervisors to approve Part-time Employees Holiday pay.

The vote was ‘Aye: David Eaton, Steve Breeding, Carl Rhea, Tim Lovelace, Lou Wallace, Rebecca Dye, and Oris Christian Nay: None JANUARY BOARD MEETING SCHEDULE The Chair moved the January board meeting to Tuesday, January 3, 2023 @ 6:00 p.m. The vote was:

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

Clerk of the Board Chairperson

                                                  Board of Supervisors                         Action Item B-2

137 Highland Drive Presenter: Chairperson Lebanon, VA 24266

    Meeting: 1/3/23      6:00 PM

Russell County Government Center

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

Approval of Expenditures

Request approval of the County’s December 2022 Monthly Expenditures:

STAFF RECOMMENDATION(s):
County’s December 2022 Monthly Expenditures are in compliance with budget and operational

services.

SUGGESTED MOTION(s): Motion to approve County’s December 2022 Monthly Expenditures.

ATTACHMENTS:

• December 2022 Monthly Expenditures

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

Meeting: 1/3/23 6:00 PM

Approval of Expenditures

Request approval of the County’s December 2022 Monthly Expenditures:

STAFF RECOMMENDATION(s): County’s December 2022 Monthly Expenditures are in compliance with budget and operational

services.

SUGGESTED MOTION(s): Motion to approve County’s December 2022 Monthly Expenditures.

ATTACHMENTS:

December 2022 Monthly Expenditures

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

po60 12/28/2022

DUE DATE 1703/2023 1703/2023 1/03/2023

1/03/2023

1/03/2023 1/03/2023 3/03/2023

3/03/2023 3/03/2023 3/03/2023 ayos/2023 3/03/2023 aya3/2023 ay03/2023 1/03/2023 1/03/2023 103/202 ayos/2023 af03/2023

2/03/2023 3703/2023 3/03/2023 3703/2023 3/03/2023 3703/2023 1703/2023 1/03/2023 1703/2023 3/03/2023 3/03/2023 1703/2023 1/03/2023 1/03/2023 1703/2023 1/03/2023 1/03/2023 1/03/2023 1703/2023 $703/2023 3703/2023

wv. Dare, 2/03/2022 ibyas/2022 ia/as/a0a2

32/23/2022

2/0/2022 an/oi/2022 ni/oa/2oa2

12/14/2022 12/01/2022 a2/or/2022 rapis/2022 22/15/2022 39/19/2022 33/23/2022 12/20/2022 3/26/2022 12/15/2022 12/15/2022

9/29/2022

11/03/2022 1/29/2022 31/29/2022 32/01/2022 32/06/2002 3/29/2022 32/09/2022 32/08/2022 ihyon/2022 3/9/2022 32/07/2022 3 yoa/2022 32/23/2022 32/23/2022 12/14/2022 32/15/2022 ni/or/2022 11/03/2022 11/23/2022 11/22/2022 11/30/2022

boaeis oozeis,

003756 boa7se

00007 00082 ooso1, cosas

eo0iss 200138 500298 ponies boose8 bo0298 so0is8

“REX ERTERPRTSES

ADDINGTOR O21, €

aunzon fuazos

auger

BAL MUNICIPAL

BAKER & TAYLOR

BLEvINS sEPric

BUSH JARED

CRYSTAL SPRINGS

COMBERLAND PLAT

powzox Domion Sn Senator es Donsios Bonantos Eonnwion owaaizon Dowex

es ze ae oreice oreice operee oreree operce OES

A/P CASH REQUIREMENTS PRE-LIST COMPANY 2-002

jer

aisass

EXBRARY NOV2

$87 1wx520238-1050 DECEMBER 2022 a6770

16903705 121522

ressas 245097, Fert) isaie 143095, iteraeaz 345390 preverd 443609, lassie 1assse pores) iesoae aast06

cass

10 rr

oxD#4z00 PACE 1 onoss sr NET awousr g/u_accouer 2.0.8 24-40 Bae.40 4100-031070-5420- = tetas 355.95 S100-0si0z0-seu0- == 338/00, 4358.00 4ioo-cazoz0-si00 > 2,668.35 neces © 31461 36 BIK61 36 “e1oo-o4ren0-seoa- 62160, Ge21€0 4z00-073010-se12- =~ 27.87 27187 4i00-07s010-sao1- = a abilys fgocovsox0-se07) >> $120 35.20 + 30 2,484.00 4100-043020-5i01- = 30 perrect 0 1628.00 4100-013010-3002- =~ 00 131957100 "4100-012300-3005- - ca nid + v8 310100 “¢zo0-o42010-se13- =~ 80 Sola + H Ja “4n00-ori010-se19- 48 tee 0 9 “4200-021020-s505- – 5.00 23s!a0 + ee files “s1o0-o2n0x0-ssox- = se ines + oo 1,094.00 4100-031020-seas- =~ 7 Taga‘eo + 83 384189 “1o0-c2010-seor- = 7477398 Fata 98 25.00 ‘25100 4100-021020-se01- =~ 35.00 25le0 + 21.60 31160 Si00-c2ioso-saor- = anriss 117199 200-ves020-se0s- 2.99 6219 sioq-orzo1a-seox- > 63139, €2199 aiog-o4aeog-sen3- > 155.77 358.27 éigo-o3z0s0-s402. = 38.98 ‘Qo.98 si0o-ev2010-seos- || Eaers 4130 dioo-o1gei0-se01- > 401.04 4otloa 4ioocoaiezo-saoi- > permed iealss foo-oigoao-seat- >> 63.95 69.99 Gioo-ozz010-sais- =~ ereeerd 344128 dloo-ozioso-sear- 2 69.98 ea.93 di0g-o1ao20-sa01- > 221138 221138 eioosorsoro-sect- == 6.36 Slag 4ioo-osz0r0-seot- > 33138 33159 <20g-o1ais0-s402- 2 7100, 771198 t1a0-97s0R0-seze~ 3.28 9/28 Gioa-o73020-sa0r- = 140.36 uigi9e 4100-073010-5¢02- > ‘Beret ‘eli 41o0-o73010-9¢03- > 1.16 15.16 s1o0-o7s010-sean. >

aposo 12/28/2022

~T/o3/2033 3703/3023 2703/2023 3703/2023 3/03/2023 3/03/2023 1/03/2023 1703/2023 1/03/2023 1/03/2023 1/03/2023

1/03/2023 2703/2023

3/03/2023 3/03/2023 ay03/2023 ay03/2023 ay03/2023

1/03/2023 1/03/2023

1/03/2023 3793/2023

2703/2023 Yoa/aeas 3/03/2023 3/03/2023, 3/03/2023 2yea/a0aa 1/03/2023 12/2023 1/03/2023

2/03/2023

Tiyes/2023 12/13/2002 12/16/2022 12/20/2022 12/08/2022

9/29/2022 30/s1/2022 30/31/2022 anyoi/2022

9/29/2022 32/06/2022

32/07/2022 12/07/2022

2/12/2022, ninas2022 12/01/2022 32/02/2022 32/20/2022

31/2/2022 31/21/2022

12/02/2022 32/06/2022

an/ia/2022 12/08/2022 12/16/2022

8/29/2022 22/05/2022

9/29/2022

9/29/2022 a/27/2022 aayon/2022 11/30/2022

12/14/2022

_ 2S 2

900239,

oossa7 00282 oo2sss oars

bosses

ooaeas ooso19 po2142 000367 05020

003052,

DOMINION OFFICE DOMINION OFFICE Dye REBECCA FLOORS AND MORE FLOORS AND HORE FOLEY COMPANY

Foo cxry

ouerisey AMILTON’S REC HEART OF APPALA HBSS CASSANDRA

HOLSTON MEDICAL

HUFFMAN’s TIRE

EOOVATEVE TECH ERNOVATIVE TECH ISRAEL, DOI \SeRROLEENS SHED ORDAN JUDY xasrama 10x LEBANON BLOCK & avonrsco PLAN

LIGHTHOUSE SURE

A/P CASH REQUIREMENTS PREW

nivorce cuss Tnoass.2 70 39769

osas2022 3s oezs2022

Yaova0a2

MILEAGE DEC 22 32202022

207850 3ersse

12062022

osas2022 oe2sa022

nos ner

373-00 53.35 33.08 ol 35.00, as.00 $8.00 25.00 1as 80 ole? 36.72 380109, 5,000.00 51123 Sal00 $0.09, 60.00 3e.00 265109, 37180 75.00 aa7 ise 25.00 50/00 35.00 35/00, 35.00 2,658.96 952.5, 582.98, 1,000.00 Fertraets

sr COMPANY 4-002,

313-00 1462 3-si603 persed 28.00 30.00, 180700, 35.00 ies 'e0 97136 160-13 96.72 96.72 5000708,

38109, 25.00 450/00, 35:00 2,658.86 "952.95, 1,000.00 1126.35

FoxDts100

MET aNouwT o/t accoust

‘200-073016-S426- ‘100-032080-se01- ‘Hoo-oasoso-sear- 4200-021020-5403- 200-¢32080-3005- ‘op-oaa0se-3008- '4100-021020-5401- ‘s100-021060-s402-

'$200-022010-5413 ‘og-esneza-seos-

'4100-021020-5402- ‘4100-091020-s408- ‘¢100-991000-S062- 4200-022020-3504- 4200-013010-3002-

4200-042400-sa0: ‘Hog-eeaeoa_seaa-

'4100-031020-s40: ‘Hoo-eaieae seo

‘4100-091020-3005- ‘$hoo-03i020-3008-

‘s200-022020-s402- '4100-021020-5402- '4100-021020-Se01- '4100-o94010-7061-

~ -eooe-ozorso-cors 65:9 = Teose-czoevo-oory ez"ee = epbe-ozoevo-oory ee-ee < Teese-seceso-oore evr = = -eors-oeoreo-oors” seer = 1 Teepsceeoreo-ooty ib-esu Tl Neve-erseco-cots se-eez = = -tooe-veoseo-ooty” 09°98 = = -tooe-ozoeto-oors” Be: 208 Cl Ugeecseters-see eee. are

sxoss-oerero-gore” rts I Tebecotoetecsots ents c Novecosoreo-oory on-28 +38 ceres9 ~~ -seor-oroeeo-oots” Ge-se0 ‘rer

*eo0e-oroeeo-oots Le-eet’ane i . + 90-008 5 sexes-otorto-oote” b9-a0t

00°58 <= stoes-oevero-oote” 0935 = -eres-oeoeto-oore” Leer Seat = -eors-ozoteo-sore” Sree 1 Teapscegereovoots eo-cee = -t0ss-ozerso-oory” Si-e1e’2e
bo-0ee

= -sess-oeoreo-oots” S0-06e = -tozs-ozereo-oots” 9-25
= -soss-ozereo-oor” b0-088 4 losseet <= -soes-oeoreo-oor” Ls-s0r <2 Tgops-bzoreo-cor oe-e¥t’t == -trvs-orosco-oore” 80-000" |. Ssrese
= sexps-ororso-oory” $9-698 = = -zoos-vsezeo-oors” se-ee

-to0t“eseeeo-o0ry _ao-0r

~~ -604s-oeore0-cors

ee-ee

s6°861°T

ieese

Suse

80-05. or Steer ot bores

be-t02

beste

be-ee esac bo-06€

50: 008

te-ett

oe: 68e

pres

eo-eee

St-eue ee See

20’03€

29-086,

test

be-ent’t

80-000:

eo e3e se-ert

espezoocet Teezsooece Sbecsooect

covsstm

oecoewy

zeoeoert zeovoert “Reoeoett Teeeveeooe Teectszooe Teeeteeooe

exozag 0 cee fevens © Gee

oeeeot zeoesert asee

seer

anand cue zeoeoert eeoevere

S5us0e

voseoreos

uoawoo sazazea woauoo Eswrazsa

M1 aNorue waza

axtsag aur TEL Exisag AIT Tab

wax noweest sa MN NONVEST SHI Dar eioaorveas Dar suoaoreis Ser sroaoreais Ser @roaoreas

Touia dsaniunos

KORIEMHS SKEEAS 08 a0 40us xozs ‘exvia wanoHs axis

woso/am sins SOED/D Suns

auxnoo ‘viessne vary savosasy mente Lwsravat

'§ NoIS exoaNnH § NOIS BENOgHGH

DEW artiot99%

sano S2no%

ss6coo Seto,

eug900 piste,

00000

cerece s9ec0s essz00

eerz00

osteo 2900 ovecoo

25000

treseo useeoo

Foeeoo

eceeoo

e000 feeo0o

eeoe/st/tt eeoe/oe/et eeoe/oe/et eeoe/oe/et

zzoz/t0/0 eeoe/ut/ot

ezozsoe/tt ee0e/oE/tt

zeoz/oe/tt zeoz/oe/tt eeoe/oe/et eeoe/oe/et eeoe/er/et Eeoe/e/et eeoe/et/et eeoe/et/et

zxoe/so/et ee0e/s0/et

eeoe/orstt eeorsiz/tt zeoestz/ex ez0z/ta/et ez0z/se/tt

zzoz/ee/tt eeazeeset

ezoz/oe/tt eeoe/tz/tt zeoesoz/tt ezoe/te/tt

zeoz/ee/tt eeoe/et/ot

eeoe/oe/et eeoe/to/tt

eeoestestt Eeoeseeyet

cxoe/eo/t feoe/e0/t e0e/e0/% fe0e/e0/2

ezoz/eo/t feoe/e0/t

ezoz/eo/t fe0z/e0/t

ez0z/co/t ezoz/eo/t fe0e/e0/t fe0e/e0/t eeoe/eo/t Eeoe/to/t Ee0e/60/t eo /e0/t

czoe/eo/t Eese/eo/t

ez0z/e0/t eeoz/t0/t ezoe/to/t seoz/eo/t se0z/eo/t

ezoz/eo/t feoe/eo/t

ezoz/eo/t ezor/eo/t czoe/eo/t exors/eo/t

ezoz/eo/t fe0e/e0/t

eeoz/eo/t eeoz/eo/t

ezoz/eo/t f20e/e0/t

ro GRASSY G75 TANGY a

IY S50 — SSS

SOTOART

Eee ART

ezoz/ez/et 00a

poco 32/28/2022

DUE DATE _xwv.parg

3/03/2023 72/06/2023 3/03/2023 12/06/2022

3/03/2022 3/06/2023 3/03/2023 1/06/2023

2/03/2023 11/16/2022 1/03/2023 1/01/2022 2/03/2023 11/23/2022

3/03/2023 13/21/2022

[A/P CASH REQUIREMENTS PRE-LIST CoMPAKY 4-001 FUND#Az00 Par 4 venpon mivorce cuass __cnoss awe. MET AMOUNT G/t_accoust Bot 003965 GNTFIAST CORFOR i7s0pe0se9 33.16 32.16 $100-031020-2003- - 03965 UNIFIRST CORPOR 1730080883 33.36 32.16 4100-031020-3008- 2 00082 verrzon 1062023 78.66 ‘78.66 "4100-0s3050-5203- cocoa? veRrzon oioeaeas fees 78:66 4100-0s3080-5203- . 000718 VIRGINIA LIBRAR 11667 20 335.00 325.00 4100-073020-s500- - 325/00, 325.00 + 000736 VIRGINIA MAGIST 070122 063022 25109, 25.00 _4100-021030-s402- - 25100 25.00 cosoi2 WHITE PATRICIA as2:2022 1,320:00 4,320.00 "«200-032020-8505- 1132060 31320100 + ooso1é YATES Josiua 1212022, 310.00, 520.00 4100-031020-5505- 510/03, 520/00 + TOTAL FoR DUR DATE 1/02/2023 998,657.15 aaa,e57 15 ‘TOTAL DUE FoR FuND- <190 899/657.15 699/657.18 NON-DIRECT. DEPOSIT 899,657.15 899/657 15 Drager Deposr® 20 [90 E-bayaple Total 20 28 PENAL DUE 899,657.15 899,657115

Board of Supervisors Action Item: B-3

137 Highland Drive Presenter: Chairperson
Lebanon, VA 24266

    Meeting: 01/03/23        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

Budget/Finance Committee

Vacant One-Year Term

Finney Community Center

Charlene Blankenship Two-Year Term Rachel Helton Two-Year Term Doug Lester Two-Year Term Harold Thomas Two-Year Term Betty Sue Hess Two-Year Term Michelle Tharp Two-Year Term

RC Industrial Development Authority (IDA)

Roger Sword Four-Year Term

Heart of Appalachia (HOA)

Shiloh Lyttle Two-Year Term

Cumberland Mt. Community Service Board (CSB)

Eric Brown (Resigned) Three-Year Term

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

Meeting: 01/03/23 6:00 PM

Board Appointments

Committee Appointments for Board Consideration

Budget/Finance Committee

Vacant One-Year Term Vacant One-Year Term

Finney Community Center

Charlene Blankenship Two-Year Term Rachel Helton Two-Year Term Doug Lester Two-Year Term Harold Thomas Two-Year Term Betty Sue Hess Two-Year Term Michelle Tharp Two-Year Term

RC Industrial Development Authority (IDA)

Roger Sword Four-Year Term Heart of Appalachia (HOA) Shiloh Lyttle Two-Year Term

Cumberland Mt. Community Service Board (CSB)

Eric Brown (Resigned) Three-Year Term

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

Board Appointments

Mark Mitchell 6 Four Years October 1, 2022 [Cumberland Mt. Community Service Board

Eric Brown 4 Three Years December 31, 2022 [Drill Community Center

[Charlene Blankenship 4 Two Years December 31, 2022 [Rachel Helton’ 4 Two Years December 31, 2022 Doug Lester 4 Two Years December 31, 2022 Harold Dean Thomas. 4 Two Years December 31, 2022 Betty Sue Hess 4 Two Years December 31, 2022 Michelle Tharp 4 Two Years December 31, 2022 [Heart of Appalachi

Maddie Gordon 2 Two Years December 31, 2022

CUMBERLAND MOUNTAIN COMMUNITY SERVICES

Mental Health, Intellectual Disability, and Substance Abuse Services Mary F. Cole, LCSW, Executive Director

November 29, 2022

Mr. Lonzo Lester, Jr

Russell County Administrator P.O. Box 1208

Lebanon, VA 24266

Dear Mr. Lester:

This letter is written to inform you that Mr. Erie Brown’s appointment, which filled the unexpired term for Mr. Donald Ramey, to our Board of Directors will expire December 31, 2022. Mr. Brown is eligible for reappointment for his first full term.

The term to be filled is a three-year appointment commencing on January 1, 2023 and ending on December 31, 2025. The Board will have approximately six (6) meetings per year. Most meetings are held on Tuesdays at noon with lunch provided.

Please contact me as soon as the Board of Supervisors has made the appointment.

If I may be of further assistance, please do not hesitate to contact me.

Sincerely, Mary F.Cole, LCSW

Executive Director

ce: — Erie Brown P.O. Box 416 Honaker, VA 24260

MFC/fkb.

P.O, Box 810 Cedar Bluff, VA 24609 « Tel: (276) 964-6702 « Fax: (276) 964-0292 = TDD 1-800-347-4939

12112122, 3:09 PM Russell County Mail - FW: Eric Brown

va | Gmail Loretta Vance [email protected]

Freda K, Burke [email protected] Mon, Dec 12, 2022 at 1:21 PM To: “[email protected]" [email protected]

FYI.

Please see below:

From: [email protected] [mailto:[email protected]] Sent: Friday, December 9, 2022 11:28 AM

To: Freda K. Burke [email protected]

Subject: Eric Brown

CAUTION: External Emai

Prohibition on Re-disclosure: This message is only forthe addressee andor may contain privileged and confidential information, exempt from disclosure under law, including Federal Confidentiality Rules (42 CFR Part 2). Ifyou are not the intended recipient, please contact the sender by reply E-mail and destroy all copies of the original message. Thank you!

https://mail google.comimailulO/?ik=4fbe6 146968 view=p&search=all&permthid=thread-f%3A17520334431832005838simpl=msg-1%3A17520334431… 1/1

RUSSELL COUNTY BOARD OF SUPERVISORS BOARD / COMMITTEE APPLICATION

DATE OF APPLICATION: — Dec AG 2A (Please print or type in back ink)

VOTING DISTRICT: wane: “Kea Bbhukenrhr 2? Ran BlabeashyQ@ UpFB. Com (First), (Last) t (Email Address) Mawinoappress: _P 9, Box _G/ Lebinen Uh 22te 911 ADDRESS 0 spning Gly Pd Chewelmd Vaya" “palsy TELEPHONENUMBERS: 276 -9°7 (4¢I°9 IU BIM 216: GUM 2 (Home) (Business) (Call PROFESSION/VOCATION: __Fiyarmee So/ey- BOARDSICOMMITTEE ON WHICH YOU WISH TO SERVE: “7A (List no more than 3 ~ in order of preference :) OTHER INTERESTS: BDUCATION: _Glege Bosgas- Aswivate -Lusn

JOBEXPERIENCE: 42 von Fiswares — Besnesy

CIVIC OR SERVICE ORGANIZATION EXPERIENCE:

ARE YOU CURRENTLY A MEMBER OF A RUSSELL COUNTY BOARD OR COMMIT!

IPYES,PLEASE NAME: Clundedncl Abstoaw Cloning Bored

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

IF YES, PLEASE NAME:

Russell County Government Center

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

Board of Supervisors   Action Item

137 Highland Drive Presenters - Attorney Lebanon, VA 24266

    Meeting: 1/3/23         6:00 PM

County Attorney Reports

Finney Disposal Site Lease (Amended)………………………………………………C-1
RC IDA Revenue Bond Moral Obligation……………………………………………C-2

Staff Recommendation:

Board Discretion.

Suggested Motion:

Motion Required.

ATTACHMENTS: • Various

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

County Attorney Reports

Finney Disposal Site Lease (Amended).
RC IDA Revenue Bond Moral Obligation…

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

REPORT TO THE RUSSELL COUNTY BOARD OF SUPERVISORS FOR THE

REGULAR MEETING TO BE HELD ON JANUARY 3, 2023

Dated December 28, 2022

ATTORNEY-CLIENT PRIVELEGE

DO NOT DISSEMINATE

Board Members,

The following is a list of matters that I will be prepared to discuss and where necessary request

approval of certain documents, resolutions and ordinances from the Board of Supervisors. Where

the approval of one of the above-referenced documents will be requested I will attach that

document for the Boards review. As always if any Board Member has any questions or concerns,

please feel free to contact me to discuss prior to or the day of the meeting.

Northrup Grumman Litigation

a. The case has been settled and the settlement funds have been received. A condition

of the settlement agreement is that to the extent legally possible the Board would

keep the terms of the settlement and the agreement confidential.

i. Lonzo has a copy of the agreement if any of the Board members would like

to review it.

Solar Ordinance

a. The next Solar Committee meeting will be held on January 12, 2023 at the

Government Center. At this meeting I will provide the committee with some

suggestions on how the county would need to proceed including other counties

ordinances and site agreements.

Abortion Ordinance

a. I have continued researching the possibility of an ordinance the Board could pass

that would prohibit abortion clinics from locating and operating in Russell County.

b. I have discussed my findings with Jeff and he agrees that the approach I have found

may work for a potential ordinance.

i. During closed session I will discuss the ordinance I have drafted with you

all collectively and provide my legal advice regarding the validity of the

ordinance and t

REPORT TO THE RUSSELL COUNTY BOARD OF SUPERVISORS FOR THE REGULAR MEETING TO BE HELD ON JANUARY 3, 2023

Dated December 28, 2022

ATTORNEY-CLIENT PRIVELEGE

DO NOT DISSEMINATE

Board Members,

The following is a list of matters that I will be prepared to discuss and where necessary request approval of certain documents, resolutions and ordinances from the Board of Supervisors. Where the approval of one of the above-referenced documents will be requested I will attach that document for the Boards review. As always if any Board Member has any questions or concerns, please feel free to contact me to discuss prior to or the day of the meeting.

Northrup Grumman Litigation a. The case has been settled and the settlement funds have been received. A condition

of the settlement agreement is that to the extent legally possible the Board would keep the terms of the settlement and the agreement confidential, i. Lonzo has a copy of the agreement if any of the Board members would like to review it.

a. The next Solar Committee meeting will be held on January 12, 2023 at the Government Center. At this meeting I will provide the committee with some suggestions on how the county would need to proceed including other counties ordinances and site agreements

Abortion Ordinance

a. have continued researching the possibility of an ordinance the Board could pass that would prohibit abortion clinics from locating and operating in Russell County. b. Ihave discussed my findings with Jeff and he agrees that the approach I have found

may work for a potential ordinance. i. During closed session I will discuss the ordinance I have drafted with you all collectively and provide my legal advice regarding the validity of the

ordinance and t

Finney Disposal Lease

a. Lonzo reached out to me regarding one the Finney Disposal Leases that the Board

approved in October of this year.

b. After the leases were entered. Property owners came forward and stated that they

were the owners of the land where the trash dumpsters were located. It is my

understanding that a survey was produced which confirmed that the leased property

did belong to the property owners that came forward

i. Lonzo advised that the property owners who came forward were agreeable

to the same lease terms as the Board previously approved.

Also, the holders of the previous lease with County understood and

thought that they were the true owners of the land in question when

the lease was entered

ii. I have revised the previous lease to include the correct property owners.

This may be approved by the Board at the January meeting.
Landfill Project

a. We have received an update from the consulting firm the Board hired regarding the

feasibility of the project.

i. I will discuss the report with the Board in closed session as there is more

information that is needed which can only be provided by the individuals

proposing the landfill project. It is my understanding that Potesta has made

them aware of the additional information needed but the Board may need to

send a letter detailing the information needed before the Board would

consider amending the solid waste ordinance.

Moral Obligation for the Probation Building

a. Lonzo informed me that the IDA is currently working with Dennis Jones, as bond

counsel, to secure funding for the new building that Probation is located in.

i. The IDA will need a moral obligation from the County for that bond.

ii. After discussing the moral obligation with Ernie he said that Dennis should

be providing that document to review and present to the Board. He is not

sure if Dennis will have the moral obligation ready in time for our January

meeting but he confirmed that it would be fine if the moral obligation was

approved in February.

I will forward the moral obligation to the Board for review if I

receive it before the January 3rd meeting.

Finney Disposal Lease a. Lonzo reached out to me regarding one the Finney Disposal Leases that the Board

approved in October of this year.

b. After the leases were entered. Property owners came forward and stated that they were the owners of the land where the trash dumpsters were located. It is my understanding that a survey was produced which confirmed that the leased property did belong to the property owners that came forward

i, Lonzo advised that the property owners who came forward were agreeable to the same lease terms as the Board previously approved.

Also, the holders of the previous lease with County understood and thought that they were the true owners of the land in question when the lease was entered

ii. Ihave revised the previous lease to include the correct property owners.

This may be approved by the Board at the January meeting.

Landfill Project a. We have received an update from the consulting firm the Board hired regarding the

feasibility of the project.

. I will discuss the report with the Board in closed session as there is more information that is needed which can only be provided by the individuals proposing the landfill project. It is my understanding that Potesta has made them aware of the additional information needed but the Board may need to send a letter detailing the information needed before the Board would consider amending the solid waste ordinance.

Moral Obligation for the Probation Building a. Lonzo informed me that the IDA is currently working with Dennis Jones, as bond counsel, to secure funding for the new building that Probation is located in.

i. The IDA will need a moral obligation from the County for that bond,

ii, After discussing the moral obligation with Emie he said that Dennis should be providing that document to review and present to the Board. He is not sure if Dennis will have the moral obligation ready in time for our January meeting but he confirmed that it would be fine if the moral obligation was approved in February,

I will forward the moral obligation to the Board for review if I receive it before the January 3“! meeting.

FINNEY CONVENIENCE SITE LEASE AGREEMENT

THIS LEASE AGREEMENT, made and entered into this 3rd day of January 2023, by and

Between Joe Frank Harrison and Nina Harrison, herein referred to as Landlord, and the BOARD OF

SUPERVISORS OF RUSSELL COUNTY, VIRGINIA, a body politic and corporate, herein referred to as

Tenant.

Identification of Property. Landlord leases to Tenant and Tenant leases from Landlord a

portion of land, approximately two tenths (.02) acre, located on south side of Route 646

(John Simms Hill Rd) in the New Garden Magisterial District of Russell County, Virginia being

that same property conveyed unto Joe Frank Harrison and Nina Harrison of record in the

Russell County Circuit Court Clerk’s Office in Deed Book 486, at page 233.

Rent. Tenant agrees to pay Landlord monthly Rent of FOUR HUNDERD ($400) DOLLARS

per month payable upon the Commencement Date of this Lease.

Term. The term of this Lease commences on January 3, 2023 (the “Commencement Date”)

to January 3, 2028 (the “Termination Date”) unless otherwise terminated by either party in

accordance with the terms hereof.

Warranty. Landlord warrants that it has full legal authority and right of grant the Tenant the

estate hereby demised and the easements thereunder pertaining.

Use of Property and Improvements. Tenant shall use the Property for purpose of a

“convenience site” for receipt, handling, and transfer of solid waste. At the expiration of

this Lease Agreement, Tenant may remove any of the improvements made by Tenant,

which Tenant desires to remove from said premises. Tenant also shall have the right to

remove improvements during the term of this Lease Agreement as necessary for continued

use and operation of the convenience site.

Insurance. Tenant covenants and agrees that Tenant shall carry insurance in such sums as

to hold Landlord harmless to third parties utilizing said convenience site, or otherwise hold

landlord in regard to same.

Laws Governing. This lease shall be governed by the laws of the Commonwealth of Virginia.
Entire Understanding. This lease contains the entire understanding of the parties, there

being no promises or undertakings, written or oral, other than those expressly set forth

herein.

Defaults; Termination. If, at any time, either party shall have breached any of the terms or

covenants contained herein and such breach is not remedied within thirty (30) days after

written notice to the defaulting party, then the non-defaulting party may, at its sole option,

may terminate this Lease upon thirty (30) days prior written notice to the defaulting party.

In addition to the termination rights above, each party may terminate this Lease upon ninety

(90) days prior written notice to the other party.

In any event of termination of this lease the Tenant shall have a reasonable amount of time

to remove all improvements and other personal property not to exceed thirty (30) days.

Notices. Any notice required or permitted by this Lease to be given by mail shall be sent to

the following addresses;

Tenant’s Address: 137 Highlands Drive, Suite A, Lebanon, Virginia 24266

Landlord’s Address: P.O. Box 1807, Lebanon, VA 24266

Entire Agreement. This Lease contains the entire agreement between Landlord and Tenant

regarding the Property and supersedes all previous agreement between Landlord and

Tenant. This Lease may be modified only by an agreement in writing signed by Landlord and

FINNEY CONVENIENCE SITE LEASE AGREEMENT

THIS LEASE AGREEMENT, made and entered into this 3° day of January 2023, by and Between Joe Frank Harrison and Nina Harrison, herein referred to as Landlord, and the BOARD OF ‘SUPERVISORS OF RUSSELL COUNTY, VIRGINIA, a body politic and corporate, herein referred to as Tenant.

Identification of Property. Landlord leases to Tenant and Tenant leases from Landlord a portion of land, approximately two tenths (.02) acre, located on south side of Route 646 (ohn Simms Hill Rd) in the New Garden Magisterial District of Russell County, Virginia being that same property conveyed unto Joe Frank Harrison and Nina Harrison of record in the Russell County Circuit Court Clerk’s Office in Deed Book 486, at page 233.

2, Rent. Tenant agrees to pay Landlord monthly Rent of FOUR HUNDERD ($400) DOLLARS per month payable upon the Commencement Date of this Lease.

Term. The term of this Lease commences on January 3, 2023 (the “Commencement Date”)

to January 3, 2028 (the “Termination Date”) unless otherwise terminated by either party in accordance with the terms hereof.

4, Warranty. Landlord warrants that it has full legal authority and right of grant the Tenant the estate hereby demised and the easements thereunder pertaining.

Use of Property and Improvements. Tenant shall use the Property for purpose of a “convenience site” for receipt, handling, and transfer of solid waste. At the expiration of this Lease Agreement, Tenant may remove any of the improvements made by Tenant, which Tenant desires to remove from said premises. Tenant also shall have the right to remove improvements during the term of this Lease Agreement as necessary for continued use and operation of the convenience site
Insurance. Tenant covenants and agrees that Tenant shall carry insurance in such sums as to hold Landlord harmless to third parties utilizing said convenience site, or otherwise hold landlord in regard to same.
Laws Governing. This lease shall be governed by the laws of the Commonwealth of Virginia.
Entire Understanding. This lease contains the entire understanding of the parties, there being no promises or undertakings, written or oral, other than those expressly set forth herein.
Defaults; Termination. if, at any time, either party shall have breached any of the terms or covenants contained herein and such breach is not remedied within thirty (30) days after written notice to the defaulting party, then the non-defaulting party may, at its sole option, may terminate this Lease upon thirty (30) days prior written notice to the defaulting party.

In addition to the termination rights above, each party may terminate this Lease upon ninety (90) days prior written notice to the other party.

In any event of termination of this lease the Tenant shall have a reasonable amount of time to remove all improvements and other personal property not to exceed thirty (30) days.

Notices. Any notice required or permitted by this Lease to be given by mail shall be sent to. the following addresses;

Tenant’s Address: 137 Highlands Drive, Suite A, Lebanon, Virginia 24266 Landlord’s Address: P.O. Box 1807, Lebanon, VA 24266

Entire Agreement. This Lease contains the entire agreement between Landlord and Tenant regarding the Property and supersedes all previous agreement between Landlord and Tenant. This Lease may be modified only by an agreement in writing signed by Landlord and

Tenant.

Landlord and Tenant have executed this Lease to be effective as of the date stated in the

first paragraph of this Lease.

Tenant Landlord

Russell County Board of Supervisors Joe Frank Harrison

By: By:

Name: Name:

Title: Title:

Nina Harrison

By:

Name:

Title:

Tenant.

Landlord and Tenant have executed this Lease to be effective as of the date stated in the first paragraph of this Lease.

Tenant Landlord

Russell County Board of Supervisors Joe Frank Harrison By: By:

Name: Name:

Title: Title:

Nina Harrison By Name:

Title:

107R5279 emia BRENDA’H]

12/12/22, 11:05 AM Sra

Mandy and thay tiny iii encoute much further aseurances of said ge | ends and tav sey

Lend ne any be requisite. rnmse the following signatures and seals

| os

COMTY OF RUSSELL, tonwtt: , Dozotny Hughes, a Hotsxy Public In and for the County of ussell, {n the State or Vizginta, a0 noveny eortity that Zthol the ronegoing wilting, bearing date on tho Gra day of August, 049, nave each thia day personally appeared before ae in ay County and acknowledged tho sanes My countesion oxpxies on tha 12th day of Apeil, 1085.

Given under my hand this rd cay of Auge

(oes

|viretate: couaty of Russell, to-wit: In the Olerk’s Office of the Chroust Court of the Cousty

lant Stote eforesoie, the 3rd dey of August, 1949, at 10:30 otelock,

the foregoing weitiog wes presented aad adnitted to record,

oad together with the sertirieste of acknontedgaent recorded,

‘THTS DEED, made thie the 27th day of June, 199, by land between FLONBIGE KISER, widow, Gs KISER, VERNA I. KISER, he wife, AURK Ve BRAISOM, JESSERX, BRAISCN, hor husband, and RUTH T. MOORE, veidow, being al} the heirs at law of HsPs Kiser deceased, pasties of the fret part and GG. ARIRIP and KATHLTEN ARTRIP, parties of tho second parts

VIMIESSETH, that for and in consideration of the sux of RIGHTERN HUNDRED AND TWENTY ({1820,00) DOLLARS, paid and to be pata as follows: HWE MUNDHD AND ‘tasinr (9920.00) DOLLARS cash

in hand patd, the receipt whereof 4e-heraby acknoimedged; FOUR

hitps:/isweb,vacourts.gov/jra/sra/t/bs2search/search

“

42/12/22, 14:06 AM

1951, with interest from January 1st, 1950; and POUR HUKORED AND FIPTY (450-00) DOLLARS to be paid on Janwary Ist 1952, sath interest from January 1st} 1950, and evidenced by notes of ever IS date hereof, and to secure the deferred payments there is express: Ayjresorved e’vendorts en the said parties of the first part

vey unto the aid parties of the second part vith covenants of the Hew Gandon Magisterial District, and being a pait of the sad part hereti conveyed i nore ‘Pilly Younded and desoribed BODIIND oe apoe por Sp the dnb and Kise, 3tn9,

Po a,Fence’ pote nears mail bhshs comer to Loth

‘Hy, then Northwest to a corner post in the, present ‘then Southwest eth the Fence”to a walnut’ tree

) ] aye bargained and s6ld and by these presents do grant and con | | | | | |

a0°Shd tum of the gig toaa; then Northytok een poplar free above voad; N 124 B. 10 poles; N_A6s E. 2 poles; li Jo gotes; “0s B.'38%potss; i” se8"8e 18 Bab pelle; ty 8, 367petens 18h B22 Hr potea; n bby’ 8. Sif"pstbe’te’k taka wine the read and vith ofa Ting’ 3 25°8, "29 pete

toa bigek walnut’on top of blufty 828 By 37 pot the beginning, and containing 2 deres wore or" Lease

“here is further granted and conveyed to the said parties of the second part and for the use and benefit of the ‘and herein conveyed, the right of ingress and egress thereto and therefvos along and over an 18 foot open road to thé public road, and the rights which wore expressly reserved in the deed this day made to Wil, Woody and sdie and expressly reserved for the use and benefit of the Lands herein conveyeds

‘The possession hereunder shall not be surrendered until January Ast, 1950, excopt that the said parties of the second part shall have the right to goed any of the fields prior to eatd date,

The aforesaid grantors covenant that they have the right to convey the aid land to the said grantees; that the said granteos shall have quiet possession of the said lands free ‘fron ala enounbrances, except ae herein reserved; that the said Lands are not otherwise encumbered; and that they will execute

‘such further assurance of the esid lands as may be requisites

https://risweb,vacourts.gov/jsra/sra/#/bs2search/search

12/12/22, 14:06 AM

wetness the foLloiling otgnatures and

tinea

SPATE, OF VIRODHTA ° we Sout Gr RUSSEL, vy:

1, Laiglacartgagh crers of the otveutt court of he‘Souney of RUSbona, Vinny tn and for the County and State aforesaid, do hateby edttlty tnt Moreen teen, Gave Kise, Vernn Re Hoary Alta Ys Braion ai RIGh Ty Tore, vose nanos are sigied to thd foregeing deed Detring date on the 27¢h day cf June, 199, have ackowiadged the eae before no An sy County end Stave aforunaids

seh cotven under my-hand thts tied? day of June, 1919.

UTE OF V1 cour oF vomits

ein ein Oe aed Yering date ob ane Shi 667k Deny 199Y a eelaotadesd tho enh buon on ela oiaeyraae abe gatae.—/) sr mn a ttt i 196 ‘Hy commission expires on ened Lt: y of - 19S.

TN Pb

virelaie? County of Russel, tomwi a the Clesk’s Oftiee of the Cizoust Court of the Gouaty’ ond Steve aforenelé, the 314 dey of august, 1949, et 1:30 otelook,

the foregoing writing wee presented end adaitted to record,

| end tocether with the certifioate of weksglelguect seconded i aA ‘reat

Depaty Cher

nttps://risweb.vacourts.gov/jsra/sra/#/bs2search/search

12/12/22, 11:01 AM Sra

‘HIS DEED, made ana entered into thie cne

parties of th et part, “Grantors”, and

husband ana wire, as tenants by the

entirety with the right of survivorship az at common law, parties of the second part, “Grantees”.

QHAT FOR and in consideration of the sum of THIRTY THOUSAND (30,000.00) POLLARS, FIFTEEN THOUSAND ($25,000.00) DonLARS of which is cash in hand paid, and the remaining purchase price te be paid as hereinarter set forth, the parties of the first part have this day bargained and sold, and by these presents do hereby grant, bargain, sell and convey unte the parties of the second part, as tenants by the entirety, with the right of surviveranip as at common law and with Engiien Covenants and General Warranty pf Title all that certain tract, piece or parcel of land 1ying and being in the New Garden Magisterial District of Russell county, Virginia, containing 52 acres, more or less, and being a part of the 1nd

particularly described ae follows:

MING at a fence post in the Gent and Riser ithe? corner to Moe sie: 2. the woody race, rice B’S? Wve poles toa fencepose ees oh a :

thence northw toa Sorner “post, in eh

37416 10 poles Bie poidar N’6e i728 fe pohess N74

poles} Ns 3/2 B°32 poles? N73 172 ES

hitpss/fisweb.vacourts.gov/jsra/sra/#/searchirecordSearch

12012122, 11:01 AM.

Sra

cook 408eace O91

poles: M64 3/2 5 14 174 poles to a stakes bs\poies’ toa

Soa Eoee fortis ae tdics

Being identically the same tract or parcel of land conveyea

unto G. G. Artrip and Kathicen Artrip, his then wite, by deed dated _

he which said desea is of record in the

ea ST

heretofore Kathleen Artrip departed this life testate and by her Last Will ana Testament which i= of record in Will Book 25, at Page

632, in the Tazeweit county circuit court Clerk’s office, she

devised a11 of her interest in and to the aforesaid property to her

surviving spouse, c. G. artrip, one of the parties of the first

part. (A copy of said will is to be recorded in the Russel1 county

Circuit court Clerk’s office at the time of the recordation of this

deed.) That since the death of Kathleen Artrip, G. G. Artrip nas

married Madice Artrip.

VENDORS’ _LEEN: fhe parties of the first part hereby expressly reserve price of FIFTEEN THOUSAND

Vendors’ Lien for the venaining purchas:

(915,000.00) DOLLARS, which is evidenced by a negotiable promissory

note of even date horewith in the amount ef PuYrEEN THOUSAND ($15,000.00) DOKLARS, executed by Said note is due and payapie

the date hereor, at FIVE (5%) PER CENT

within three (3) years fr All payments made on said note are to be. applied first

https:/fisweb.vacourts gov/jsra/sra/t/search/recordSearch

218

12/12/22, 14:01 AM Sra

to interest ana then to principal. The make! note snair be entitiea to or nave the privilege to pay said note in cula at any time prior to the expiration of THREE (3) YEARS without penalty.

There is eurther granted and conveyed unte the second parties for the use and nenesit of the land nerein conveyed, the right of ingress ana ogress over an eighteen (19) foot read to the public

whi conveyance is made cubject to the exceptions, reservations, covenants and easements pertaining to said property and binding on tne Grantors, if any, as contained in ali decas ana instruments properly of recora.

WITNESS the following signatures and seals, the day, month and year first above written.

omny Dradeee Arlte}e anny coeasy

Ld OLE ree ae a

SRNR LEASED, rowers ‘he foregoing deed was igned and acknowledged before ma hy G. Artrip ana madice Artrip, husband and wife, thie tne P74.

hhups://isweb.vacourts.gov/sra/sra/t/search/recordSearch 3a

12/12/22, 14:01 AM Sra

sox 408racr O93 day of Aprin, 1993. My Comminaion expires: <ssgewete LL LIIS.

STATE OF VIRGINTA

The foregoing deed wae signed ana acknowledged before me by Tony B. Maxeield and Barbara J. Max€ield, husband and wite, this tne EZ aay or apri1, 1993.

Hy Conmission expires:

ng haw nett ernet.cr mecutny or moneys counror manus cour, LEE oy ea ty

httpsi//isweb.vacourts.gov/sra/sra/t/search/recordSearch aia

12/8/22, 10:50 AM

Sra

wus DEED, made and entered into this the 307 aay of MAXEIELD, parties of the first part, “enawzons", fend gon rnawK | MARBASOM and WENA HARAESON, husband and wite, au tenants by the

entirety with the right ef eurvivorship as at commen law, partion

Of the second part, “GRANTEES”, whose nddresn is P. 0. Box 1907,

Lebanon, Virginia 24266.

WITHESSETH:.

THAT FOR and in consideration of the sum of THIREY THOUSAND ($30,000.00) DOLLARS, cash in hand paid by the parties of the second part to the parties of the firat part, at and before the

signing,

ealing and delivery of thie deed, the parties of the first part have thie day bargained and gold, and by th:

presents do hereby grant, bargain, sei and convey unto the parties of the second part, as tenants by the entirety with the right of survivorship az at common lav, ond with English Covenants and General Warranty of Title ali that certain tract, piace ox parcel of land lying and being in the New Garden tagisterial District of Russel) County, virginia, o: and being 9 part of the land known as the H. F. Kiser and J. J. Kiser lands, and being more particwlarly deseribed ae follows: BeonNTIG at a tence post, in the Gent and Kiger Line, Sorner to bot No. a ghe woody” tracts thence 6°57 96

Boles to a fencopost’ near a shall bush, corner to hove 3

https://risweb vacourts.gov/jsca/sra/#/searchirecordSearch

12/8/22, 10:50 AM

Sra

32 1/2 8 10 poles; N46 1/2 © 2 pores;— Z N301174 B19" poleny 52 F/BORTE Sait, Oe FA AS PGRN 7a B 22 pelea, e6° 172s 22 poles: w 7% Be poles; w 64 aya bag 4s Soaks eS a ebske; ‘thence feaving’tha voad ‘snd With the fie eies $8 B25 poles ‘to a black walnut on top Sf a bimesy 25S 25 Pecora’ i

SOURCE OF TITLE: neing the game property conveyed to Tony B. Maxfield and Barbara J. Maxfield by deed dated april 7, 1993, which

This conveyance = made subject te the exceptions,

Feservations, covenants and easements pertaining te said property and binding on the Grantors, if any, as contained in all deeds and Anstrumente properly of record.

WETNESS the following aignaturas and seals, the day, month and

BRO Reale co

SEE DET EEIE: oa

BARBARA 32 MAXFIELD « > spare or Vive tare

county or @uss0// . ro-wres

whe foregoing deed was signed and acknowledged before me by Tony B. Maxfield and Barbara J. Maxfield, this the 30" —aay of

Becember , 1998,

My Commission expires: = BI- GI . -

3893 a .

pany BUnEEC

cosatmmuseeoni Mest. “T Nee Ee Vc eo eo

year tiret above written.

https:/risweb.vacourts.gov/jsra/sra/W/search/recordSearch

12/8/22, 10:51 AM Sra

THIS DEED, made thie 261 day of October, 1995, by and between BUD hia wife, GRANTORS, and

|. husband and wife, as tenants

with the right of survivership, ag at common law, GRANTEES.

WinesseTH:

THAT for and In consideration of the sum of TEN DOLLARS ($10.00), cash

by the entirety,

fn hand paid, and other good and valuable consideration, the receipt of all of which

is horoby acknowledged, the Grantors de hereby grant and convey unto the Gran-

tees, as tenants by the antiroty, wilh tho right of survivorship, al! hat cortaln parcel of land

as al common lav,

with Genoral Warranty and English Covenants of title, situate in the Nev Garden Magisterial District of Russell County, Virginia, on th

waters of Thompson Creek, and bounced on the wost by State Roule 650 ond on

he south by Thompson Creck, and which eaid’ parcel of land herein conveyed fs

more particularly bounded and described as follows, tawilt: BEGINNING ata point on tha bridge at the intersection of Route 650 and Thompson’s Crook: thence, N 46-45 W 420 taal toa point in Norfali ane, Wostem Rallviay right of vay: thence, N’13-28 W 24d feat to a paints thence, N’29-00 W142 feat to a polni; thonoe, N 40-60 W 100 fat lor point: hence, N 08-25 W 300 feat toa pain, thence, N 16-30 W sae «+ foe! to a point; thence, N 03-15 W200 taet toa point: thanee, N 24-00 W 800 feet to’s point; thence, N 20-10 W 400 feat to a points thoncoc at 09-25 E 200 feol to a point; thence, NOS-48 W250 foal te a mol thence, N 50-16 E128 eal; thane, continuing wilh Route O50; theres leaving Route 650, wilh Wilson’s line, $ 55-20 226 fect; thenee. & S0- ‘16 © 260 fool: thence, 545-00 136 fool to a planted siona and stump on the tap of Hldge, $'412-45 & 117 feet; Manca, S18 20 & 327 fous

a rldge; thence, with top of thonee, 548-00

ther

https://isweb.vacourts govljsra/sra/#/search/recordSearch

Sra

1218/22, 10:51 AM

eook 44 0rasc 424

thence, 5 04.30 W 1450 feot;

thence, S 23-18 E148 feet to a plantod stona on top of ridges onan 823,59 & 834 fact crossing @ deep hollow to a Miokory on hee ine oe Ril hence, N 4-30 E 352 feat toa sugar trees thence, 8 2645 fees

he north elde of the right

feel to a walnut; thenoo, & 14-00 E359 feat te i mnpany: thence, crossing

Page 2 .

i thence, S 19-30 & 160 foe!

& 108.5 feo!

id Waster Railroad Co

qyeamore on tho north bank of sald oraaks tance, will ino centr a Wigmpson Creck and Artrip’s ling, © 46-0 W 284 tant, thoneer es Bons YWY,205 feat: thence, S 81-35 W200 feat; thence, ‘S730 Wiaee fy ihenee, S 89-00 W 52 feat; thane, & 6-18 W 431 feats haven, Boat 28 WV 200 feot to tho point of BEGINNING, and containing Boe aoc, more or loss.

Restetions and Easements: This conveyance Is expressly eubject to and

Benofiolary of any and all reservations, rosteiotions and easements of record in the Virginia to the extent that

OMflee oF the Clerk of the Clroult Court of Russell County, the samo may lawfully apply to the property hereby conveyed,

Sources of Tite:

( And being tentically the came parcel of land whieh waa eonvayed to Rslolah Chaties by deod dated Uy 4, 1900, fom ines! G, Mule and Bee Mulling, husband and wite, whieh fe of racord in the aforesald Cleriva Office In Deed Book No. 342, al page 765, roference to which is hereby mace.

at page

and Testament which [9 of record in eald Clerk’s Office In Will Book 36, horein conveyed to his nephew, Bud Clayton

269, he devised the real stat

Charles,

hitps:/isweb.vacourts.gov/jsra/sra/t/search/recordSearch

12/12/22, 11:30 AM

/o? R51(

botwoon JAMES K. MUSICK and GLORIA MUSICK,

parties of the first part an

husband and vito,

husband and wife, parties of the second part

WETNESS ETHE

‘That for and in consideration of the sum of TEN DOLLARS ($10.00) cash 4n hand paid, the receipt of whieh ts hereby acknowledged, and other good and valuable consideration, the

parties of the first part hereby grant and convey, with covenants

of general warranty and with Engl

h Covenants’ of titie, unto thoparties of the second part as tonants by tho oistirety with

right of survivorslip as at common Inv, the real estate.described

ast ALL that certain piece or parcel of land, with all improve=

monte #

eon and all appurtenances thorounto belonging, situate,

Lying and being dn th

Wow Gardon Magisterial District of Russell

County, Virginia, on the waters of Tompson Greek, and bounded on

‘tho wort by State Road 650 and én the south by Thompson Creek, ane

boing the

Jorn portion of Tract 1, conveyed te Firat partie by Noah Winfred Musick and Irene Ku:

Muniok, and more partioul=

arly bounded and dosoribed as follovat

ABEGINNING at a point on the bridge at, tho intersection of Route 650 and Thompson’s Creek) thence NH IS W420 Teot toa point Sh’Noteoik & Western Radlway right of way thenee N13 2) W 2i2 feet to a point} thence 29-00 'W Ih2 Feet to a pointy thenoo N 4B 50 ¥ 100 fest to a pointy thence N05 25 W 300 Foot to a pointy thence N25 30 W 358 feat to fa pointy thence N 03°15 W 200 fect to a pointy thence H 2500 V 500 Toot to a pointy thence 20 10 W G00 foot to a pointy thence NO 25 B 200 feet toa point} thence N05 115 W 250 root ton pointy thonoo N50 15 E 128 rooty Citonae sontanusine witht Route 630, thoneo Loving Route G50, with Wiison!s Lino, $5590 E 325

EF 8 50 15 £260 Toot) 545 00 136 reoty 5°h2’05 # 150 foot toa planted stone and stump fon the top of ‘thence with top of Tidge Sz 4s E117 E 108.3 rect; fooey’S 25-15 top of @ Fdgo} thenoe 5 83 50’E 834 £% ang

hollow to @ hickory on the side of @ hilly

walnut ide of the ent o! Railroad Company) crossing said railroad right of way on same Dearing 8 11 00 E 60 Toot.

https://isweb.vacourts.gov/jsra/sra/it/search/recordSearch

12/12/22, 11:30 AM Sra

oor 252 nccB42

math olde of the right of ways thence o’r het th Wilnon and Arerdy

"eh bane of

and Artrip 18 69.35 W205 reoty 8 81 35 W 200 rect) 873 00 W 22i)

footy § 59/00 W 152 footy 5.5518 W431 roots

5°38’25 ¥ 200 fect to the point of BEGINNING", Containing 69,6 aoron, more oF ei

And being @ portion of the same 1and conveyed to James

K, Musick and Gloria Musick from Noah Winfred Musick and Irene

Kiser Musick by deed dated Juno 7, 197h and recorded in Russet

county, Virginia record:

‘Thore 4 further excepted and reserved from this ‘

conveyance the strip of land contained within the right of vay of tho Norfolk & Western Rativay which 4e contained within the above description of Tract 1. .

‘Thin conveyance 48 subject to the conditions,

restrictions and

jomonte on said property, 4f any there be,

to the extont that they are binding on-the property hereby

a) , (sea) |} beast Ih é ic (SEAL)

nl STATE OF VIRGINIA H

| counry oF. Hiserté.

To-waty

Notary Public in

and for the County ato of Virginia, do hereby

certity that Jam

K, Musick and Gloria Musick, whose names are

feigned to the writing above, bearing date on the 5th day of March

1975, have this day acknowlo%

ged the samo before me in my County

al aforesaid.

Wy Comtneton expires__Z 2 2, / Given under my hand thie aay of March 1975.

Soh aniotury Public

oe } ‘was Uais day received in said office, and, upon the certificate vcknowledgment… hereto annexed, adalied vo record, ati ‘o’clock [7 Moy after payment pa ax imposed

se | Beene Dakss Bm

sr $32.60 Trans Foe $182 |

https:/risweb.vacourts.gov/jsra/sra/#/search/recordSearch 22

RECORD OF OWNERSHIP

DATE

TcONSIO- | ERATION

—-~—L.

NOTES:

| fs |

I 4 I |

= = pescr, Gane So inase land REMARKS: Srem, Enrncak (blind aa) sue, Yrorn & Baa we. foot ay Tuadbew) Lot aLock section sy wet rere leiogs aise (TFS, ACREAGE __0Fe

12/8/22, 10:52 AM

Sra

nstrument# 200600002069 Page 1

Book WSS page 35!

‘THIS DEED, made and entered into this the 15" day of June, 2006, by and between ROY TURNER and LORENE TURNER, husband and wife, Grantors; and DANNY W. TAYLOR and DOROTHY L. TAYLOR, husband and wife, as tenants by

the entirety with the right of survivorship as at common law, Grantees, whose address is Route 1, Box 129B, Cleveland, VA 24225: WITNESSETH:

THAT FOR and in consideration of the sum of TEN DOLLARS ($10.00) cash In hand paid, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantors do hereby grant, bargain, sell and convey, with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE, unto the Grantees, as tenants by the entirety with the right of survivorship as at common law, the following described real estate:

All that certain tract, piece or parcel of land lying and being in the New Garden Magisterial District of Russell County, Virginia, on the waters of Breezer Branch, and lying on both sides of and adjacent to ‘Secondary Route No. 650 of the Virginia Highway System, containing 150.00 acres, more or less.

AND BEING the same property conveyed unto Roy Turner and Lorene Turner, husband and wife, from Banner Wilson, et al, by Deed

dated March 12, 1991, of reco ircuit Court Clerk’s Office of Russell County, Virginia, in Deed Bock 3 , at page 507. The said Robert Wilson, who was granted a life estate in sald Deed, is now

deceased, having died February 11, 2004, as shown by List of Heirs of record in Will Book 45, at page 248.

There is EXCEPTED from this conveyance that certain 0.9504 acre tract conveyed unto Curtis Wilson, by Deed dated April 24, 1985, of record in Deed Book 333, at page 196.

This conveyance is made subject to all conditions, easements, restrictions and rights of way of record on said property, if any, to the extent they are binding on the Grantors and the property herein conveyed,

https:/risweb.vacourts govljsra/sra/W/search/recordSearch

Sra 12/8/22, 10:51 AM

WITNESS the following signa

res and sonte:

ek fesption. Chercea (sary

UG CLAYTON CHARLES

Bets hege— N CHARLES

«SEAL)

STATE OF VIRGINIA, COUNTY OF RUSSELL, to-wit:

THe foregoing instrumont was acknowledged before me by Bud Clayton

Charlos and Kathy Jean Charles, his wifo, this 26th day of Octaber, 1995.

My commission expiron June 30, 1999

2744- .

Pye noes eee ee

er ee Se AS BG tmarinscy Crrannorsrenes MDICk Ensen NOLO Ce DNR,

aa Me

https://rswob.vacourts.gov/jsra/sra//search/recordSearch

12/8/22, 10:52. AM

Sra

nstrument# 200600002069 Page 2

PREPARED BY:

WITNESS the following signatures and seals:

Apt lent. ean 'URNER

(SEAL) LORENE TURNE!

STATE OF VIRGINIA COUNTY OF RUSSELL, to-wit:

',@ Notary Public in and for the County and State aforesaid, do hereby certify that ROY TURNER and LORENE TURNER, husband and wife, whose signatures appear on the foregoing instrument, have personally acknowledged the same before

me in my County and State aforesald, GIVEN under my hand thiso’7-+hday of 4 sane , 2006, My Commission expires fd,

NOTARY PUBLIC

VIRGINIA: IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF RUSSELL. ‘county, (9-3

Qeytenetat os, and upon he certs ofactnavodgmant tte amexad, acted oaned a Ter $2D.9° oxinposadby See,50…002, : -

ESTE:DOLK rignal retuned is

D.cuERK

UEUZOES

httpsifrisweb.vacourts.gov/jsra/sra/B/search/recordSearch

1 IDA Russell County, VA

Industrial Development Authority of Russell County, Virginia

December 21, 2022

Russell County Board of Supervisors Mr. Lonzo Lester

137 Highland Drive

Suite A

Lebanon, VA 24266

Re: — Revenue bond funding Dear Mr. Lester:

The Russell County IDA does hereby request the support of the Russell County Board of Supervisors for a revenue bond in the amount of $3,056,221.32 for a 25-year term. The IDA does hereby commit the monthly lease payments from the Russell County Health Department and the Department of Correction Probation and Parole office to pay the monthly bond payment with First Bank and Trust. The revenue received from these long-term leases is more than adequate to cover the monthly obligations.

We greatly appreciate the support and consideration of the Board of Supervisors in our efforts to grow the economy of Russell County. If the Russell County Board of Supervisors has any questions or concerns regarding this transaction, please contact me at your convenience.

Sincerely,

a ed a

Ernie McFaddin Executive Director

Parterning for Progress, Connected for Success 133 Highland Drive, Suite B « Lebanon, VA 24266 + 276-971-0690 russellcountyida.org

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

                 Meeting: 1/3/23         6:00 PM

County Administrator Reports & Requests The County Administrator Reports & Request for January 2023:

REPORTS

2022 VACo & Virginia Rural Center Rural Caucus Reception………………….D-1
State and Local Economic Interests and Financial Disclosure Statements….D-2
VDOT Monthly Road System Report……………………………………………………D-3

REQUESTS

DEQ Litter Prevention and Recycling Program - $19,456…………………………D-4
Southwest Virginia Regional Jail Authority Service Agreement…………………D-5
2023 Authorized Payments. Authorization of the list of operational

routine monthly payments for delegated authorization……………….…………D-6

Glade Hollow Ball Park Deck Repair…………………………………………………D-7
Virginia America 250 Commission (VA250)…………………………………………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-4 - D-8 137 Highland Drive Presenter: Administrator Lebanon, VA 24266

Meeting: 1/3/23 6:00 PM

County Administrator Reports & Requests The County Administrator Reports & Request for January 2023:

REPORTS

2022 VACo & Virginia Rural Center Rural Caucus Reception…
State and Local Economic Interests and Financial Disclosure Statements…D-2
VDOT Monthly Road System Report.

REQUESTS 4. DEQ Litter Prevention and Recycling Program - $19,456.

Southwest Virginia Regional Jail Authority Service Agreement…
2023 Authorized Payments. Authorization of the list of operational routine monthly payments for delegated authorization…
Glade Hollow Ball Park Deck Repair…
Virginia America 250 Commission (VA250)…

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

2023 Rural Caucus Reception

NAME:

EMAIL:

COUNTY/ORGANIZATION:

MY GUEST’S NAME: (add $75)

PAYMENT INFORMATION

CHARGE OPTIONS: VISA American Express MasterCard Discover

CREDIT CARD NUMBER:

EXPIRATION DATE:

NAME ON THE CARD:

CONTACT PHONE:

TITLE:

CONTACT EMAIL:

Or please make check payable to VACo. Mail check and completed registration form to 1207 East Main Street, Richmond, VA 23219.

W E D N E S D A Y , J A N U A R Y 1 8 , 2 0 2 3
OMNI RICHMOND HOTEL | 5 :30PM-8PM

Fax completed registration form with credit card information to 804.788.0083.

PLEASE CONTACT VALERIE RUSSELL AT [email protected] WITH ANY QUESTIONS.

Hotel Reservation Details: Lodging costs are not covered in the registration fee. The Chairpersons’ Institute is held at the Omni Richmond Hotel, 100 South 12th Street, Richmond, VA 23219. Room rates start at $165 (single room occupancy). To reserve a hotel room, call 804.344.7000 by January 3, 2023, with this code: Government Legislative Day 2023 Group or reserve a room at this Omni Richmond Hotel link.

Refund Policy: Requests for registration refunds are honored if received by January 6, 2023. Substitutions are allowed in the event a supervisor is unable to attend. For more information, call VACo at 804.343.2507.

C o s t i s $ 1 5 0 p e r p e r s o n R o o m b l o c k a t t h e O m n i R i c h m o n d H o t e l c l o s e s o n J a n u a r y 3 , 2 0 2 3

2023 RURAL CAUCUS RECEPTION

WEDNESDAY, JANUARY 18, 2023 ae OMNI RICHMOND HOTEL | 5:30PM-8PM Ne

CAUCUS RECEPTION

GENERAL ASSEMBLY

Cost is $150 per person

Room block at the Omni Richmond Hotel closes on January 3, 2023

NAME: NAME:

NAME:

EMAIL:

COUNTY/ORGANIZATION:

MY GUEST’S NAME: (add $75)

PAYMENT INFORMATION

CHARGE OPTIONS: | _ VISA American Express [ |Mastercard Discover

CREDIT CARD NUMBER:

EXPIRATION DATE:

NAME ON THE CARD:

CONTACT PHONE: —____ssssssssssssSsSsSsSsSSSSssS CONTACT EMAIL:

Fax completed registration form with credit card information to 804.788.0083.

PLEASE CONTACT Or please make check payable to VACo. Mail check and completed

VALERIE RUSSELL AT : : . . [email protected] registration form to 1207 East Main Street, Richmond, VA 23219. WITH ANY QUESTIONS.

Co ; [K wal C | Center O artnership of th Virginia Association of Counties Virginia and the Counc for Rura IV J

A d o p t e d b y V A C o M e m b e r s h i p o n

N o v e m b e r 1 5 , 2 0 2 2

VACo 2023 LEGISLATIVE

PROGRAM For the 2023 General Assembly Session

VACo 2023 LEGISLATIVE PROGRAM

For the 2023 General Assembly Session

ADOPTED BY VACO MEMBERSHIP ON NOVEMBER 15, 2022

2023 Legislative Program 1

Virginia Association of Counties 2

Table of Contents 4 5 6 7 Economic Development and Planning p. 2 8 9 10 Education p. 4 11 12 13 Energy p.7 14 15 16 Environment and Agriculture p. 8 17 18 19 Finance p. 11 20 21 22 General Government p. 14 23 24 25 Health and Human Services p. 17 26 27 28 Transportation p. 22 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44

2023 Legislative Program Virginia Association of Counties

Table of Contents

Economic Development and Planning

Education

Energy

Environment and Agriculture

Finance

General Government

Health and Human Services

Transportation

p.2

pe it

P.14

P17

p.22

ECONOMIC DEVELOPMENT AND 45

PLANNING 46 47 Priority 48 49

Broadband 50 VACo requests that the Commonwealth provide 100 percent funding to counties 51 to build the necessary telecommunications infrastructure to deploy universal 52 affordable access to the internet for all areas, particularly in underserved and 53 rural areas, and streamline the application process for Virginia 54 Telecommunication Initiative (VATI) grants. Additionally, VACo supports 55 legislation that provides additional tools for counties to finance, build and 56 operate open access networks in partnership with commercial internet service 57 providers. VACo also supports efforts to streamline the permitting of broadband 58 infrastructure in the VDOT right-of-way, at railroad crossings, and within utility 59 easements. 60 61 Affordable and Workforce Housing 62 VACo supports increasing federal and state funding and appropriate incentives to 63 assist localities in fostering affordable housing, as well as workforce housing for 64 employees such as teachers and first responders. 65

66 Positions 67 68

Economic Development 69 VACo supports economic development policies and programs that bolster local 70 and regional development efforts by maintaining and expanding state funding, 71 streamlining state and federal processes, and granting additional funding and 72 authority to promote local and regional initiatives. VACo also supports the 73 provision of state funding to support the mission of regional economic 74 development organizations (REDOs) to foster regional cooperation in expanding 75 business and job opportunities. VACo also supports additional state and federal 76 funding for the maintenance and expansion of infrastructure, including airports, 77 to foster regional economic development. 78 79 Land Use 80 VACo supports maintaining and expanding local authority to plan and regulate 81 land use and opposes any legislation that weakens these key local responsibilities. 82 VACo also supports legislation that grants localities additional tools to adequately 83 meet increasing needs for public services driven by new development without 84 burdening current residents with the cost of new growth through increased real 85 estate taxes. Such additional tools may include broad impact fee authority for all 86 counties, and adequate public facilities provisions. 87 88 89

46 47 48 49 50 51 52 53 54 55 56 87 58 59 60 61 62 63

65 66 67 68 69 70 7 2 B 74 1s 76 7 78 79 80 81 82 83

85 86 87 88 89

ECONOMIC DEVELOPMENT AND LANNING

Priority

Broadband VACo requests that the Commonwealth provide 100 percent funding to counties to build the necessary telecommunications infrastructure to deploy universal affordable access to the internet for all areas, particularly in underserved and rural areas, and streamline the application process for Virginia Telecommunication Initiative (VATD) grants. Additionally, VACo supports legislation that provides additional tools for counties to finance, build and operate open access networks in partnership with commercial internet service providers. VACo also supports efforts to streamline the permitting of broadband infrastructure in the VDOT right-of-way, at railroad crossings, and within utility easements.

Affordable and Workforce Housing VACo supports increasing federal and state funding and appropriate incentives to assist localities in fostering affordable housing, as well as workforce housing for employees such as teachers and first responders.

Economic Development VACo supports economic development policies and programs that bolster local and regional development efforts by maintaining and expanding state funding, streamlining state and federal processes, and granting additional funding and authority to promote local and regional initiatives. VACo also supports the provision of state funding to support the mission of regional economic development organizations (REDOs) to foster regional cooperation in expanding business and job opportunities. VACo also supports additional state and federal funding for the maintenance and expansion of infrastructure, including airports, to foster regional economic development.

Land Use

VACo supports maintaining and expanding local authority to plan and regulate land use and opposes any legislation that weakens these key local responsibilities. VACo also supports legislation that grants localities additional tools to adequately meet increasing needs for public services driven by new development without burdening current residents with the cost of new growth through increased real estate taxes. Such additional tools may include broad impact fee authority for all counties, and adequate public facilities provisions.

Regulation of Event Spaces 90 VACo opposes exemptions to local review and enforcement of building, fire, and other 91 health and safety regulations for event and assembly spaces. 92 93 Regulation of Home-based Businesses 94 VACo opposes any legislation that limits or restricts local authority to regulate 95 home-based businesses, including short-term rentals regardless of whether 96 services or goods are purchased through an online hosting platform. 97 98 Impacts of Federal and Military Facilities 99 VACo supports maintaining federal and state funding and technical assistance to 100 mitigate the impacts on counties affected by federal budget cuts and to sustain 101 current and future federal facilities in Virginia. VACo supports state and local 102 partnerships that work to prevent encroachment and non-compatible land uses 103 next to military installations. VACo also supports workforce training and 104 retraining for programs that support defense activities in Virginia. 105 106 Impacts of State Facilities 107 VACo recommends that prior to the proposed closure, and/or sale, or disposition 108 of any state facilities, the Department of General Services shall provide a detailed 109 plan to the locality regarding removal, demolition, rehabilitation and/or adaptive 110 reuse of buildings. VACo also recommends that the state provide technical and 111 financial resources to assist localities in ameliorating the impacts any closure will 112 have on the local economy. 113

114 Maintain Public Sector Role in Onsite Sewer Program 115 VACo supports an onsite sewage program at the Virginia Department of Health 116 (VDH) that protects public health and the environment in all regions of the 117 Commonwealth. The Commonwealth should give special focus to addressing the 118 challenge of failing septic systems and allow localities authority to develop and 119 implement policies that support the state’s program. VACo supports the private 120 sector providing onsite sewage system design, installation, and repair services, as 121 long as the services can be provided at affordable rates and in a timely manner, 122 and as long as VDH continues to provide these direct services as well. 123

124 Siting of Transmission Lines 125 VACo supports requiring utilities to seek input from localities and property 126 owners before any actions to construct, modify or enlarge transmission facilities. 127 128 Electric Grid Capacity Planning 129 VACo supports legislation and policy that requires electric grid operators to 130 continually share with localities where current and planned infrastructure to 131 transmit and store energy exists that may feasibly accommodate the development 132 of large-scale renewable energy facilities. 133

134 135 136

99 100 101 102 103 104 105 106 107 108 109 110 qt 112 113 114 11s 116 117 118 119 120 qt 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136

Regulation of Event Spaces VACo opposes exemptions to local review and enforcement of building, fire, and other health and safety regulations for event and assembly spaces.

Regulation of Home-based Businesses VACo opposes any legislation that limits or restricts local authority to regulate home-based businesses, including short-term rentals regardless of whether services or goods are purchased through an online hosting platform.

Impacts of Federal and Military Facilities VACo supports maintaining federal and state funding and technical assistance to mitigate the impacts on counties affected by federal budget cuts and to sustain current and future federal facilities in Virginia. VACo supports state and local partnerships that work to prevent encroachment and non-compatible land uses next to military installations. VACo also supports workforce training and retraining for programs that support defense activities in Virginia.

Impacts of State Facilities VACo recommends that prior to the proposed closure, and/or sale, or disposition of any state facilities, the Department of General Services shall provide a detailed plan to the locality regarding removal, demolition, rehabilitation and/or adaptive reuse of buildings. VACo also recommends that the state provide technical and financial resources to assist localities in ameliorating the impacts any closure will have on the local economy.

Maintain Public Sector Role in Onsite Sewer Program

VACo supports an onsite sewage program at the Virginia Department of Health (VDH) that protects public health and the environment in all regions of the Commonwealth, The Commonwealth should give special focus to addressing the challenge of failing septic systems and allow localities authority to develop and implement policies that support the state’s program. VACo supports the private sector providing onsite sewage system design, installation, and repair services, as long as the services can be provided at affordable rates and in a timely manner, and as long as VDH continues to provide these direct services as well.

Siting of Transmission Lines VACo supports requiring utilities to seek input from localities and property owners before any actions to construct, modify or enlarge transmission facilities.

Electric Grid Capacity Planning VACo supports legislation and policy that requires electric grid operators to continually share with localities where current and planned infrastructure to transmit and store energy exists that may feasibly accommodate the development of large-scale renewable energy facilities.

EDUCATION 137 138 Priority 139 140

Education Funding 141 VACo urges the General Assembly to provide full state funding for public 142 education, including the Standards of Quality (SOQ) as recommended by the 143 Board of Education, where these recommendations coincide with prevailing local 144 practice, targeted incentive programs, capital, and maintenance support, and 145 teacher salaries. Full state funding should be achieved without reduction to other 146 parts of state public education budgets or to other core services. 147

VACo supports additional state resources and additional statewide funding 148 options for localities for capital and school construction costs, including 149 expanding dedicated local sales and use tax authority first given to select counties 150 by the General Assembly in 2019 as well as continuing to fund the School 151 Construction Grant Program and School Construction Assistance Program. 152

VACo supports voluntary incentives that encourage localities to increase 153 teacher salaries to reflect the national average in compensation, as long as this is 154 done without a required minimum local match. The state share of compensation 155 for the base rate of salaries should reflect the actual average salary as determined 156 by prevailing local practice. 157

VACo supports additional state efforts and resources to educate, train, and 158 credential students, especially in high-demand and critical shortage fields of 159 employment. 160

161 Positions 162 163

Appointed School Boards 164 VACo supports local authority to choose the selection process for school board 165 members. 166

167 Charter Schools 168 VACo supports the continuation of local authority to establish charter schools. 169 170 Laboratory Schools 171 VACo supports innovative approaches to K-12 education as long as they do not 172 divert state or local funds away from local public schools. 173 174 Childhood Development and School Readiness 175 VACo supports efforts to increase at-risk children’s access to high-quality, 176 enriching learning environments, including more resources and flexibility for 177 localities participating in programs like the Virginia Preschool Initiative and 178 Head Start. 179

VACo supports additional federal and state funding for programs such as 180 the Child Care and Development Block Grant (CCDBG) to support increased 181

137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 aw 172 173 174 175 176 77 178 179 180 181

EDUCATION

Priori

Education Funding VACo urges the General Assembly to provide full state funding for public education, including the Standards of Quality (SOQ) as recommended by the Board of Education, where these recommendations coincide with prevailing local practice, targeted incentive programs, capital, and maintenance support, and teacher salaries. Full state funding should be achieved without reduction to other parts of state public education budgets or to other core services.

VACo supports additional state resources and additional statewide funding options for localities for capital and school construction costs, including expanding dedicated local sales and use tax authority first given to select counties by the General Assembly in 2019 as well as continuing to fund the School Construction Grant Program and School Construction Assistance Program.

VACo supports voluntary incentives that encourage localities to increase teacher salaries to reflect the national average in compensation, as long as this is done without a required minimum local match. The state share of compensation for the base rate of salaries should reflect the actual average salary as determined by prevailing local practice.

VACo supports additional state efforts and resources to educate, train, and credential students, especially in high-demand and critical shortage fields of employment.

‘itions

Appointed School Boards VACo supports local authority to choose the selection process for school board members.

Charter Schools VACo supports the continuation of local authority to establish charter schools.

Laboratory Schools VACo supports innovative approaches to K-12 education as long as they do not divert state or local funds away from local public schools.

Childhood Development and School Readiness VACo supports efforts to increase at-risk children’s access to high-quality, enriching learning environments, including more resources and flexibility for localities participating in programs like the Virginia Preschool Initiative and Head Start.

VACo supports additional federal and state funding for programs such as the Child Care and Development Block Grant (CCDBG) to support increased

demand for childcare services. VACo supports local flexibility to administer or 182 expand support services for childcare. 183

184 Critical Thinking Skills 185 VACo supports changes to educational programs and standards that rely less on 186 standardized testing and more on critical thinking skills such as performance-187 based assessments. VACo opposes efforts to impose additional standardized 188 testing burdens on students and school staff. 189 190 Funding Support Personnel 191 VACo supports full restoration of budget cuts, including the elimination of the 192 funding cap on support positions, and full reinstatement of the Cost of 193 Competing Adjustment “COCA” for support staff. In addition to meeting its 194 obligations to fully fund instructional staff, the Commonwealth should meet its 195 obligation to fully fund K-12 support staff. 196 197 Library System 198 VACo supports additional state resources for the funding of the local library 199 system. 200 201 Reversion of Funds 202 VACo supports the current practice whereby all year-end funds appropriated to 203 the school divisions by the locality revert to the locality, retaining discretion with 204 the governing body to evaluate and approve the reallocation of year-end fund 205 balances. 206 207 School Consolidation and Regionalism 208 VACo supports additional state resources, flexibility and incentives that allow 209 counties to voluntarily consolidate or regionalize K-12 services to increase 210 operational efficiencies. 211 212 School Safety and Security 213 VACo supports efforts to improve school safety and preparedness. VACo supports 214 continued local authority and state funding to implement appropriate security, 215 preparedness, and health measures. VACo supports dedicated state funding that 216 may include capital and operational costs. 217 218 Special Education Regional Tuition Reimbursement Program 219 VACo supports enhancing local capacity to serve children with high-level support 220 needs in the least restrictive environment, including regional special education 221 programs. VACo supports local flexibility in the structure of such programs. 222 223 K-12 Staff Shortage and Retention 224 VACo urges the General Assembly to approve and fund strategies addressing the 225 teacher shortage in the Commonwealth. VACo supports a targeted approach to 226 teacher shortage by prioritizing areas in critical need, as recommended by the 227

182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227

demand for childcare services. VACo supports local flexibility to administer or expand support services for childcare.

Critical Thinking Skills VACo supports changes to educational programs and standards that rely less on standardized testing and more on critical thinking skills such as performance- based assessments. VACo opposes efforts to impose additional standardized testing burdens on students and school staff.

Funding Support Personnel VACo supports full restoration of budget cuts, including the elimination of the funding cap on support positions, and full reinstatement of the Cost of Competing Adjustment “COCA” for support staff. In addition to meeting its obligations to fully fund instructional staff, the Commonwealth should meet its obligation to fully fund K-12 support staff.

Library System VACo supports additional state resources for the funding of the local library system.

Reversion of Funds VACo supports the current practice whereby all year-end funds appropriated to the school divisions by the locality revert to the locality, retaining discretion with the governing body to evaluate and approve the reallocation of year-end fund balances.

School Consolidation and Regionalism VACo supports additional state resources, flexibility and incentives that allow counties to voluntarily consolidate or regionalize K-12 services to increase operational efficiencies.

School Safety and Security VACo supports efforts to improve school safety and preparedness. VACo supports continued local authority and state funding to implement appropriate security, preparedness, and health measures. VACo supports dedicated state funding that may include capital and operational costs.

Special Education Regional Tuition Reimbursement Program VACo supports enhancing local capacity to serve children with high-level support needs in the least restrictive environment, including regional special education programs. VACo supports local flexibility in the structure of such programs.

K-12 Staff Shortage and Retention VACo urges the General Assembly to approve and fund strategies addressing the teacher shortage in the Commonwealth. VACo supports a targeted approach to teacher shortage by prioritizing areas in critical need, as recommended by the

Virginia Department of Education. VACo supports using district-level data to 228 determine how to best fill shortage gaps, especially in hard-to-staff divisions. 229

VACo supports reducing burdens on the teacher workforce in the 230 Commonwealth. VACo supports programs aimed at reducing student debt for 231 teaching in public schools. VACo also supports programs that encourage teachers 232 to stay in the profession including measures that provide mentorship, guidance 233 and other forms of support for teachers in their first five years in the profession. 234

VACo also supports similar efforts to address the shortage of school bus 235 drivers at both the state and federal level including incentives to recruit and 236 retain drivers and additional flexibility regarding driver requirements. 237 238 Workforce-Ready Students 239 VACo supports changes in curriculum and funding that will increase the number 240 of students leaving the K-14 system with workforce-ready credentials. VACo 241 supports incorporating career and technical education curriculum at the 242 elementary and middle school levels. VACo supports high school students 243 earning academic credit for participating in an internship, apprenticeship, 244 credential, and other work programs. VACo supports innovative models for 245 schools to give academic credit for students that earn industry workforce skills 246 through certifications, or licensure from an approved education or training 247 provider. 248

VACo supports establishing partnerships to strengthen the school-to-249 workforce pipeline in a variety of ways including guaranteed employment 250 opportunities with local businesses and learning opportunities shared between 251 local community colleges and high schools. VACo supports opportunities for 252 students to physically visit and train at actual work sites in cooperation with local 253 employers and economic development entities. 254 VACo supports the expansion and funding of workforce training programs 255 such as the Virginia Talent Accelerator Program and the Virginia Jobs 256 Investment Program to leverage federal grant programs with state funding. 257

VACo supports the mission and activities of local Workforce Development 258 Boards across the Commonwealth of Virginia to assist businesses in securing a 259 qualified workforce that meets current and future job demand, including efforts 260 to coordinate actions across state agencies within Virginia under the 261 Commonwealth’s Workforce Innovation and Opportunity Act (WIOA) plan. 262

263 264 265 266 267

268 269 270 271 272 273

274

228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274

Virginia Department of Education. VACo supports using district-level data to determine how to best fill shortage gaps, especially in hard-to-staff divisions.

VACo supports reducing burdens on the teacher workforce in the Commonwealth. VACo supports programs aimed at reducing student debt for teaching in public schools. VACo also supports programs that encourage teachers to stay in the profession including measures that provide mentorship, guidance and other forms of support for teachers in their first five years in the profession.

VACo also supports similar efforts to address the shortage of school bus drivers at both the state and federal level including incentives to recruit and retain drivers and additional flexibility regarding driver requirements.

Workforce-Ready Students VACo supports changes in curriculum and funding that will increase the number of students leaving the K-14 system with workforce-ready credentials. VACo supports incorporating career and technical education curriculum at the elementary and middle school levels. VACo supports high school students earning academic credit for participating in an internship, apprenticeship, credential, and other work programs. VACo supports innovative models for schools to give academic credit for students that earn industry workforce skills through certifications, or licensure from an approved education or training provider.

VACo supports establishing partnerships to strengthen the school-to- workforce pipeline in a variety of ways including guaranteed employment opportunities with local businesses and learning opportunities shared between local community colleges and high schools. VACo supports opportunities for students to physically visit and train at actual work sites in cooperation with local employers and economic development entities.

VACo supports the expansion and funding of workforce training programs such as the Virginia Talent Accelerator Program and the Virginia Jobs Investment Program to leverage federal grant programs with state funding.

VACo supports the mission and activities of local Workforce Development Boards across the Commonwealth of Virginia to assist businesses in securing a qualified workforce that meets current and future job demand, including efforts to coordinate actions across state agencies within Virginia under the Commonwealth’s Workforce Innovation and Opportunity Act (WIOA) plan.

ENERGY 275 276 Priority 277 278

Energy Policy 279 VACo supports energy policies and goals that reduce greenhouse gas emissions 280 without compromising reliable and affordable access to electricity, and that 281 address potential environmental impacts and life cycle costs for the manufacture, 282 disposal, re-use, or recycle of material inputs. New sources of potential energy 283 generation should include a range of technologies such as solar, wind, 284 hydroelectric, hydrogen, and small modular nuclear reactors. Such policies 285 should allow for responsible coal and natural gas extraction, processing, and 286 transport while protecting agricultural interests and natural resources. 287 288

Positions 289 290 Renewable Energy Production and Energy Efficiency 291 VACo supports legislation allowing counties to implement renewable energy and 292 energy efficiency goals. This includes the allowance of third-party power 293 purchase agreements (PPAs) to serve municipal electric accounts, as well as other 294 creative financing mechanisms that enable the development of renewable energy 295 sources and energy efficiency programs and measures. 296 297 Utility-Scale Renewable Energy Generation and Energy Storage 298 VACo supports maintaining local authority to address all impacts and all choices 299 associated with utility-scale installations of solar power, wind power, and energy 300 storage facilities. 301 302 Utility-Scale Energy Generation and Transmission Projects 303 VACo supports the provision of adequate direction and resources at the state 304 level to improve monitoring and enforcement of erosion and sediment control 305 (ESC) and stormwater (SWM) requirements by entities constructing utility-scale 306 projects for energy generation or transmission (including fuel). The state should 307 have relevant agencies conduct an annual review of the standards, specifications, 308 and construction general permit requirements to determine adequate protection 309 of water quality, water supply, and natural resources. 310 311 Local Tax Revenue 312 VACo opposes any imposition, expansion, or extension of state-mandated 313 exemptions on local property taxes for energy generating and storage equipment. 314 315 316 317 318 319

320

275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305, 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320

ENERGY

Priority

Energy Policy VACo supports energy policies and goals that reduce greenhouse gas emissions without compromising reliable and affordable access to electricity, and that address potential environmental impacts and life cycle costs for the manufacture, disposal, re-use, or recycle of material inputs. New sources of potential energy generation should include a range of technologies such as solar, wind, hydroelectric, hydrogen, and small modular nuclear reactors. Such policies should allow for responsible coal and natural gas extraction, processing, and transport while protecting agricultural interests and natural resources.

Positions

Renewable Energy Production and Energy Efficiency VACo supports legislation allowing counties to implement renewable energy and energy efficiency goals. This includes the allowance of third-party power purchase agreements (PPAs) to serve municipal electric accounts, as well as other creative financing mechanisms that enable the development of renewable energy sources and energy efficiency programs and measures.

Utility-Scale Renewable Energy Generation and Energy Storage VACo supports maintaining local authority to address all impacts and all choices associated with utility-scale installations of solar power, wind power, and energy storage facilities.

Utility-Scale Energy Generation and Transmission Projects VACo supports the provision of adequate direction and resources at the state level to improve monitoring and enforcement of erosion and sediment control (ESC) and stormwater (SWM) requirements by entities constructing utility-scale projects for energy generation or transmission (including fuel). The state should have relevant agencies conduct an annual review of the standards, specifications, and construction general permit requirements to determine adequate protection of water quality, water supply, and natural resources.

Local Tax Revenue VACo opposes any imposition, expansion, or extension of state-mandated. exemptions on local property taxes for energy generating and storage equipment.

ENVIRONMENT AND AGRICULTURE 321 322 Priority 323

324 Water Quality Funding 325 VACo supports sufficient and sustained financial and technical assistance to 326 counties to improve water quality and meet all federal and state standards to 327 reduce pollution. 328 329

Positions 330 331

Agriculture and Forestry Best Management Practices 332 VACo supports voluntary state and federal conservation programs, including the 333 United States Department of Agriculture’s (USDA) Environmental Quality 334 Incentives Program and the Conservation Stewardship Program, to assist 335 producers with the implementation of best management practices. 336 337 Biosolids 338 VACo supports an effective statewide regulatory program governing land 339 application of biosolids. Such a program should not infringe upon the authority 340 of local governments to monitor compliance. VACo supports the ability of local 341 governments to propose amendments to biosolids permits as they are considered 342 by DEQ. VACo further recommends the Governor appropriate funds to DEQ to 343 conduct a study to determine the implications of restricting the use of biosolids in 344 agriculture and forestry. 345 346 Chesapeake Bay 347 VACo supports efforts to continue to restore and protect the Chesapeake Bay but 348 opposes additional nutrient regulations on wastewater treatment facilities that 349 are scientifically unsound, economically infeasible, or unnecessary for meeting 350 the Commonwealth’s goals. 351 352 Dam Safety 353 VACo supports programs that keep downstream owners and developers aware of 354 potential inundation zones. VACo also supports sufficient state and federal 355 funding for the repair and maintenance of dams. 356

357 Farm and Forestland Preservation 358 VACo supports increasing state allocations to the Office of Farmland Preservation 359 (OFP) Purchase of Development Rights (PDR) locality matching funds program. 360 VACo also supports increasing allocations to the newly established Forest 361 Sustainability Fund, created as an incentive for the establishment and 362 maintenance of local forest land use valuation programs. Such programs preserve 363 prime soils for food production and protect important forest land and 364 environmentally sensitive areas in the Commonwealth. 365 366

321 322 323 324 325 326 327 328 329 330 331 332 333 334 335, 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366

ENVIRONMENT AND AGRICULTURE

Priority

Water Quality Funding

VACo supports sufficient and sustained financial and technical assistance to counties to improve water quality and meet all federal and state standards to reduce pollution.

itions

Agriculture and Forestry Best Management Practices

VACo supports voluntary state and federal conservation programs, including the United States Department of Agriculture’s (USDA) Environmental Quality Incentives Program and the Conservation Stewardship Program, to assist producers with the implementation of best management practices.

Biosolids VACo supports an effective statewide regulatory program governing land application of biosolids. Such a program should not infringe upon the authority of local governments to monitor compliance. VACo supports the ability of local governments to propose amendments to biosolids permits as they are considered by DEQ. VACo further recommends the Governor appropriate funds to DEQ to conduct a study to determine the implications of restricting the use of biosolids in agriculture and forestry.

Chesapeake Bay

VACo supports efforts to continue to restore and protect the Chesapeake Bay but opposes additional nutrient regulations on wastewater treatment facilities that are scientifically unsound, economically infeasible, or unnecessary for meeting the Commonwealth’s goals.

Dam Safety

VACo supports programs that keep downstream owners and developers aware of potential inundation zones, VACo also supports sufficient state and federal funding for the repair and maintenance of dams.

Farm and Forestland Preservation VACo supports increasing state allocations to the Office of Farmland Preservation (OFP) Purchase of Development Rights (PDR) locality matching funds program. VACo also supports increasing allocations to the newly established Forest Sustainability Fund, created as an incentive for the establishment and maintenance of local forest land use valuation programs. Such programs preserve prime soils for food production and protect important forest land and environmentally sensitive areas in the Commonwealth.

Flood Preparedness 367 VACo supports continued funding and resources that assist localities in 368 preventing and reducing the impacts of flooding. VACo supports greater 369 flexibility in these programs and funding sources that will maximize their 370 benefits and best suit local and regional needs. 371 372 Hydraulic Fracturing 373 VACo supports a stringent state regulatory program for hydraulic fracturing 374 (“fracking”) that addresses the potential to tap into natural gas reserves in ways 375 that protect public and private groundwater supplies and preserve local 376 government authority to regulate and/or ban this type of mining activity through 377 their land use ordinances. VACo supports transparency efforts that require the 378 disclosure of all chemicals and chemical mixes used in the fracking process prior 379 to their use. 380 381 Invasive Species and Noxious Weeds 382 VACo supports funding for, and the complete implementation of, the Virginia 383 Invasive Species Management Plan. VACo supports an amendment to the term, 384 “noxious weeds,” enabling additional invasive plants to be considered for 385 regulation. All programs and proposals should be evaluated for their commercial 386 impact, allowing no more than a negligible impact on Virginia’s agricultural 387 industry. Finally, VACo supports requiring better state prevention and mitigation 388 practices, including coordination with the Virginia Department of Transportation 389 (VDOT) to assist counties in species control. 390 391 Predator Control 392 VACo urges state and federal agencies to support the agricultural industry by 393 allowing farmers and producers sufficient flexibility when protecting livestock 394 against predatory animals. VACo encourages the USDA Wildlife Services Division 395 and the Virginia Department of Agriculture and Consumer Services to allow 396 producers access to the predator control tools required for the continuation of 397 effective livestock production. VACo also supports USDA’s Livestock Indemnity 398 Program and the financial relief it provides to producers who have lost livestock 399 to the attacks of federally protected predators. 400 401 Southern Rivers Watershed 402 VACo supports continued funding for the Southern Rivers Watershed 403 Enhancement Program to improve water quality in non-Chesapeake Bay 404 watersheds. 405 406 Stormwater Programs 407 VACo supports state funding that enables local governments to fully satisfy the 408 resource and funding needs associated with local stormwater management 409 programs. VACo supports legislation that proposes creative and cost-effective 410 stormwater management practices. VACo supports initiatives that clarify and 411 modernize stormwater regulations and permitting processes, including measures 412 that make permitting more efficient, reevaluate the fee structure system, and 413

367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413

Flood Preparedness VACo supports continued funding and resources that assist localities in preventing and reducing the impacts of flooding. VACo supports greater flexibility in these programs and funding sources that will maximize their benefits and best suit local and regional needs.

Hydraulic Fracturing VACo supports a stringent state regulatory program for hydraulic fracturing (“fracking”) that addresses the potential to tap into natural gas reserves in ways that protect public and private groundwater supplies and preserve local government authority to regulate and/or ban this type of mining activity through their land use ordinances. VACo supports transparency efforts that require the disclosure of all chemicals and chemical mixes used in the fracking process prior to their use.

Invasive Species and Noxious Weeds VACo supports funding for, and the complete implementation of, the Virginia Invasive Species Management Plan. VACo supports an amendment to the term, “noxious weeds,” enabling additional invasive plants to be considered for regulation. All programs and proposals should be evaluated for their commercial impact, allowing no more than a negligible impact on Virginia’s agricultural industry. Finally, VACo supports requiring better state prevention and mitigation practices, including coordination with the Virginia Department of Transportation (VDOT) to assist counties in species control.

Predator Control VACo urges state and federal agencies to support the agricultural industry by allowing farmers and producers sufficient flexibility when protecting livestock against predatory animals. VACo encourages the USDA Wildlife Services Division and the Virginia Department of Agriculture and Consumer Services to allow producers access to the predator control tools required for the continuation of effective livestock production. VACo also supports USDA’s Livestock Indemnity Program and the financial relief it provides to producers who have lost livestock to the attacks of federally protected predators.

Southern Rivers Watershed VACo supports continued funding for the Southern Rivers Watershed Enhancement Program to improve water quality in non-Chesapeake Bay watersheds.

Stormwater Programs VACo supports state funding that enables local governments to fully satisfy the resource and funding needs associated with local stormwater management programs. VACo supports legislation that proposes creative and cost-effective stormwater management practices. VACo supports initiatives that clarify and modernize stormwater regulations and permitting processes, including measures that make permitting more efficient, reevaluate the fee structure system, and

allow for considerations of factors such as long-term maintenance costs. VACo 414 supports legislation that proposes new and innovative solutions to facilitate 415 compliance with stormwater standards in ways that promote economic 416 development while achieving water quality goals. 417 418 Tree Conservation and Replacement 419 VACo supports strengthening and expanding tree replacement and tree 420 conservation statutes to include all localities in Virginia. VACo supports 421 providing greater flexibility to all local governments to achieve their specific 422 goals. 423 424 Onsite Wastewater Systems 425 VACo supports legislation ensuring that potential buyers of real property are told 426 about the type, size and maintenance requirements and associated costs of the 427 wastewater systems on the property prior to the signing of the initial sales 428 contract and the recordation of engineered systems plat and deed at the time of 429 sale. 430 431 Uranium Mining 432 VACo supports continuation of a moratorium on uranium mining and milling 433 within the Commonwealth of Virginia. 434 435 Technical Assistance 436 VACo supports robust state funding for entities that provide critical resources 437 and technical assistance to localities in their efforts to comply with 438 environmental policies and regulations. This includes, but is not limited to, 439 organizations such as Soil and Water Conservation Districts, the Virginia 440 Cooperative Extension, and Planning District Commissions (PDCs). 441 442 Water Supply 443 VACo supports appropriations adequate to ensure full funding by the state for the 444 ongoing development and implementation of state-mandated water supply plans. 445 VACo does not support overly burdensome permitting processes or applications 446 for water usage. VACo supports initiatives by the state to assure adoption of 447 actions to reduce high chloride concentrations and loss of artesian head pressure 448 in Virginia’s aquifers. VACo also supports a review of regulations and supports 449 education initiatives that promote reclamation of water on a local level for 450 industrial and irrigation uses to offset future demands on all ground and surface 451 water used for human consumption. 452 453 454 455

456 457 458

459 460

414 41s 416 417 418 419 420 42a 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 4a1 4a2 443 444 44s 446 4a7 448 449 450 451 452 453 454 455 456 457 458 459 460

allow for considerations of factors such as long-term maintenance costs. VACo supports legislation that proposes new and innovative solutions to facilitate compliance with stormwater standards in ways that promote economic development while achieving water quality goals.

‘Tree Conservation and Replacement VACo supports strengthening and expanding tree replacement and tree conservation statutes to include all localities in Virginia, VACo supports providing greater flexibility to all local governments to achieve their specific goals.

Onsite Wastewater Systems

VACo supports legislation ensuring that potential buyers of real property are told about the type, size and maintenance requirements and associated costs of the ‘wastewater systems on the property prior to the signing of the initial sales contract and the recordation of engineered systems plat and deed at the time of sale.

Uranium Mining VACo supports continuation of a moratorium on uranium mining and milling within the Commonwealth of Virginia.

Technical Assistance VACo supports robust state funding for entities that provide critical resources and technical assistance to localities in their efforts to comply with environmental policies and regulations. This includes, but is not limited to, organizations such as Soil and Water Conservation Districts, the Virginia Cooperative Extension, and Planning District Commissions (PDCs).

Water Supply VACo supports appropriations adequate to ensure full funding by the state for the ongoing development and implementation of state-mandated water supply plans. VACo does not support overly burdensome permitting processes or applications for water usage. VACo supports initiatives by the state to assure adoption of actions to reduce high chloride concentrations and loss of artesian head pressure in Virginia’s aquifers. VACo also supports a review of regulations and supports education initiatives that promote reclamation of water on a local level for industrial and irrigation uses to offset future demands on all ground and surface water used for human consumption.

FINANCE 461 Priorities 462 463

Local Finance 464 VACo supports preserving the authority of county governments to collect 465 revenues necessary to provide local public services. 466 VACo appreciates the starting point that the discussions in the 2022 467 legislative session took regarding adjustments to sales taxes on food purchased 468 for human consumption and essential personal hygiene products – that any local 469 revenue losses would be replaced. VACo believes that the compromise forged in 470 the budget negotiations in 2022 protects local K-12 revenue and respectfully 471 requests that no further changes be made to this important local funding source. 472

473 Positions 474

475 Appeals of Tax Assessments 476 VACo opposes proposals to make major changes to the current appeals processes 477 for real or tangible personal property assessments, such as changes to the 478 assessor’s presumption of correctness or the role of the state Tax Commissioner 479 with respect to valuation of property. 480 481 Federal Relief and Infrastructure Funds 482 VACo encourages coordination with local governments in deployment of 483 American Rescue Plan Act and Infrastructure Investment and Jobs Act funds so 484 that each federal dollar can be maximized for the benefit of the residents of the 485 Commonwealth. 486

487 Funding for State Mandated Positions and Jails 488 The Commonwealth must meet its obligations to fund appropriate staffing, to 489 include competitive salaries, for the state’s system of justice, to include clerks, 490 magistrates, Commonwealth’s Attorneys, public defenders, district court 491 employees, and probation office employees. In the absence of adequate state 492 support for this critical function of government, localities are frequently placed in 493 the untenable position of supplementing the justice system with local dollars in 494 order to ensure its continued functioning. 495

VACo urges the Commonwealth to meet its full funding obligations, to 496 include realistic levels of staffing to enable constitutional offices to meet their 497 responsibilities and limit the need for localities to provide additional locally-498 funded positions. 499

VACo supports flexibility in the use of state funds for compensation of 500 constitutional officers and state-supported local employees, as well as state 501 funding levels for compensation increases that more closely reflect the true cost 502 of providing such increases across the state-supported local workforce, which 503 encompasses both state-supported and locally-funded positions. For example, 504 state-funded salary increases typically provide funding only for Compensation 505 Board-funded positions for employees in Constitutional offices and for 506

461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506

FINANCE

Priorities

Local Finance VACo supports preserving the authority of county governments to collect revenues necessary to provide local public services.

VACo appreciates the starting point that the discussions in the 2022 legislative session took regarding adjustments to sales taxes on food purchased for human consumption and essential personal hygiene products – that any local revenue losses would be replaced. VACo believes that the compromise forged in the budget negotiations in 2022 protects local K-12 revenue and respectfully requests that no further changes be made to this important local funding source.

Positions

Appeals of Tax Assessments

VACo opposes proposals to make major changes to the current appeals processes for real or tangible personal property assessments, such as changes to the assessor’s presumption of correctness or the role of the state Tax Commissioner with respect to valuation of property.

Federal Relief and Infrastructure Funds VACo encourages coordination with local governments in deployment of American Rescue Plan Act and Infrastructure Investment and Jobs Act funds so that each federal dollar can be maximized for the benefit of the residents of the Commonwealth.

Funding for State Mandated Positions and Jails

The Commonwealth must meet its obligations to fund appropriate staffing, to include competitive salaries, for the state’s system of justice, to include clerks, magistrates, Commonwealth’s Attorneys, public defenders, district court employees, and probation office employees. In the absence of adequate state support for this critical function of government, localities are frequently placed in the untenable position of supplementing the justice system with local dollars in order to ensure its continued functioning.

VACo urges the Commonwealth to meet its full funding obligations, to include realistic levels of staffing to enable constitutional offices to meet their responsibilities and limit the need for localities to provide additional locally- funded positions.

VACo supports flexibility in the use of state funds for compensation of constitutional officers and state-supported local employees, as well as state funding levels for compensation increases that more closely reflect the true cost of providing such increases across the state-supported local workforce, which ‘encompasses both state-supported and locally-funded positions. For example, state-funded salary increases typically provide funding only for Compensation Board-funded positions for employees in Constitutional offices and for

instructional and support positions recognized in the Standards of Quality for 507 school divisions. In these instances, in addition to any required local matches for 508 state-recognized positions, localities must provide comparable salary increases 509 for locally-funded positions purely from local dollars in order to preserve parity 510 between state-funded and locally-funded positions in the workforce. 511

VACo supports a more robust state-local partnership in funding local and 512 regional jails. In FY 2020, the Compensation Board reported $1.05 billion in 513 total expenditures, including capital costs, to house inmates in local and regional 514 jails – localities contributed $605.1 million of these costs, and an additional $15.6 515 million to house inmates in other jurisdictions, while the state contributed 516 $364.7 million. 517

A key mechanism through which the state assists with operating costs is 518 per diem payments. Prior to action by the 2022 General Assembly, per diem 519 rates had not been adjusted since FY 2011, when the payment of $8 per day for 520 local-responsible inmates was reduced to $4 per day, and the state-responsible 521 rate was adjusted from a bifurcated rate of 8 per day for the first 60 days and $14 522 per day thereafter to a standard rate of $12 per day. VACo is grateful for action 523 taken in 2022 to increase the state-responsible rate by $3 (from $12 to $15), a 524 step toward more realistic funding levels. VACo supports continued efforts to 525 increase per diem rates to levels that better represent the costs of housing 526 inmates and to adjust the rates in the future so that payments keep pace with 527 rising costs. While the increase in the state-responsible rate is an important step 528 in the right direction, the current rates remain inadequate and represent an 529 underfunded mandate on counties. The Compensation Board estimated a total 530 average daily cost of operating local and regional jails at $100.32 per inmate in 531 FY 2020, of which $55.30 was contributed by localities. 532

VACo supports a requirement for the Department of Corrections to accept 533 state-responsible inmates into the state correctional system unless a local or 534 regional jail agrees to continue holding such inmates at the applicable per diem 535 rate. The Department of Corrections is better equipped than local and regional 536 jails to provide intensive re-entry programming, offering more than 125 537 academic, job training, and therapeutic programs to offenders who are in prison 538 and individuals under community supervision. The Department of Corrections 539 reports that state-responsible inmates who spend their entire sentences in local 540 or regional jails recidivate at a higher rate than offenders who spend at least part 541 of their incarceration in a Department of Corrections facility (26.9 percent and 21 542 percent, respectively). 543

VACo supports payment of the medical costs of inmates using a cost-544 effective program jointly funded at the federal and state levels. 545

The state must provide sufficient funding to enable local and regional jails 546 to meet any new standards for the provision of health care, including behavioral 547 health care, for individuals incarcerated in these facilities. A report issued in 548 2021 by the Department of Criminal Justice Service and the Compensation Board 549 estimating compliance costs for proposed behavioral health standards suggests 550 that jails will need certain baseline staffing to comply with the standards, to 551 include 24/7 coverage, either on-site or on-call, by a registered nurse; on-call and 552 regularly scheduled services from a psychiatric provider; a qualified mental 553

507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553

instructional and support positions recognized in the Standards of Quality for school divisions. In these instances, in addition to any required local matches for state-recognized positions, localities must provide comparable salary increases for locally-funded positions purely from local dollars in order to preserve parity between state-funded and locally-funded positions in the workforce.

VACo supports a more robust state-local partnership in funding local and regional jails. In FY 2020, the Compensation Board reported $1.05 billion in total expenditures, including capital costs, to house inmates in local and regional jails — localities contributed $605.1 million of these costs, and an additional $15.6 million to house inmates in other jurisdictions, while the state contributed $364.7 million.

‘Akey mechanism through which the state assists with operating costs is per diem payments. Prior to action by the 2022 General Assembly, per diem rates had not been adjusted since FY 2011, when the payment of $8 per day for local-responsible inmates was reduced to $4 per day, and the state-responsible rate was adjusted from a bifurcated rate of 8 per day for the first 60 days and $14 per day thereafter to a standard rate of $12 per day. VACo is grateful for action taken in 2022 to increase the state-responsible rate by $3 (from $12 to $15), a step toward more realistic funding levels. VACo supports continued efforts to increase per diem rates to levels that better represent the costs of housing inmates and to adjust the rates in the future so that payments keep pace with rising costs. While the increase in the state-responsible rate is an important step in the right direction, the current rates remain inadequate and represent an underfunded mandate on counties. The Compensation Board estimated a total average daily cost of operating local and regional jails at $100.32 per inmate in FY 2020, of which $55.30 was contributed by localities.

VACo supports a requirement for the Department of Corrections to accept state-responsible inmates into the state correctional system unless a local or regional jail agrees to continue holding such inmates at the applicable per diem rate. The Department of Corrections is better equipped than local and regional jails to provide intensive re-entry programming, offering more than 125 academic, job training, and therapeutic programs to offenders who are in prison and individuals under community supervision. The Department of Corrections reports that state-responsible inmates who spend their entire sentences in local or regional jails recidivate at a higher rate than offenders who spend at least part of their incarceration in a Department of Corrections facility (26.9 percent and 21 percent, respectively).

VACo supports payment of the medical costs of inmates using a cost- effective program jointly funded at the federal and state levels.

The state must provide sufficient funding to enable | and regional jails to meet any new standards for the provision of health care, including behavioral health care, for individuals incarcerated in these facilities. A report issued in 2021 by the Department of Criminal Justice Service and the Compensation Board estimating compliance costs for proposed behavioral health standards suggests that jails will need certain baseline staffing to comply with the standards, to include 24/7 coverage, either on-site or on-call, by a registered nurse; on-call and regularly scheduled services from a psychiatric provider; a qualified mental

health professional to provide group and individual therapy services; and 554 behavioral health case management services, to include discharge planning. The 555 2022 Appropriation Act included funding for 125 behavioral health case manager 556 positions and 127 partially-funded medical/treatment positions, to be phased in 557 over the biennium, representing approximately half of the staffing recommended 558 by the Compensation Board. This funding is a significant investment in helping 559 jails to comply with proposed behavioral health standards. VACo supports a 560 continued state partnership with localities in ensuring that jails are able to meet 561 state standards in caring for these vulnerable individuals. 562 563 Mitigation of the Effects of Tax-Exempt Property on the Local Tax 564 Base 565 VACo supports reinstating state payments (PILT) to counties that mitigate the 566 impacts of state correctional and behavioral healthcare facilities on county 567 revenue. VACo supports measures to ameliorate the effects of large amounts of 568 other tax-exempt property on the local tax base, including state assistance with 569 the costs of state-mandated property tax exemptions. 570 571 Legislation with Local Fiscal Impact 572 VACo supports legislation or other measures providing additional time for 573 localities to review legislation that may have an impact on local revenues or 574 expenditures. 575

576 Modernization of Communications Sales and Use Tax Structure 577 VACo supports updating the Communications Sales and Use Tax (CSUT) to 578 ensure that it reflects the modern telecommunications landscape, which has 579 evolved since the CSUT took effect in January 2007. 580

VACo opposes any further diversion of Communications Sales and Use Tax 581 Trust Fund dollars beyond the uses already specified in statute. These revenues 582 should be held in trust for localities and not diverted for general state purposes. 583 Currently, funds from the Communications Sales and Use Tax Trust Fund are 584 taken “off the top” for the Department of Taxation’s costs to administer the tax, 585 the telephone relay center operated by the Department for the Deaf and Hard of 586 Hearing, and any franchise fees owed to localities. Language adopted in the 587 2018-2020 biennium budget and continued in the 2021 Appropriations Act 588 provides for an additional diversion of funds to the state General Fund from 589 assumed savings in the telephone relay contract; these funds would otherwise 590 flow to localities. 591

592 Real and Personal Property Tax Exemptions Enacted Prior to 2003 593 VACo supports providing localities the ability to decide whether to maintain 594 property tax exemptions granted by the General Assembly prior to passage of the 595 Constitutional amendment vesting the authority to grant such exemptions with 596 localities. The Constitutional amendment which was passed by the voters in 597 2002 and took effect in January 2003 placed decision-making authority about 598 local tax exemptions with local governing bodies, within certain limits, and this 599 authority should apply to exemptions granted before 2003 as well. 600

554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600

health professional to provide group and individual therapy services; and behavioral health case management services, to include discharge planning. The 2022 Appropriation Act included funding for 125 behavioral health case manager positions and 127 partially-funded medical /treatment positions, to be phased in over the biennium, representing approximately half of the staffing recommended by the Compensation Board. This funding is a significant investment in helping jails to comply with proposed behavioral health standards. VACo supports a continued state partnership with localities in ensuring that jails are able to meet state standards in caring for these vulnerable individuals.

Mitigation of the Effects of Tax-Exempt Property on the Local Tax Base

VACo supports reinstating state payments (PILT) to counties that mitigate the impacts of state correctional and behavioral healthcare facilities on county revenue. VACo supports measures to ameliorate the effects of large amounts of other tax-exempt property on the local tax base, including state assistance with the costs of state-mandated property tax exemptions.

Legislation with Local Fiscal Impact VACo supports legislation or other measures providing additional time for localities to review legislation that may have an impact on local revenues or expenditures.

Modernization of Communications Sales and Use Tax Structure VACo supports updating the Communications Sales and Use Tax (CSUT) to ensure that it reflects the modern telecommunications landscape, which has evolved since the CSUT took effect in January 2007.

VACo opposes any further diversion of Communications Sales and Use Tax Trust Fund dollars beyond the uses already specified in statute. These revenues should be held in trust for localities and not diverted for general state purposes. Currently, funds from the Communications Sales and Use Tax Trust Fund are taken “off the top” for the Department of Taxation’s costs to administer the tax, the telephone relay center operated by the Department for the Deaf and Hard of Hearing, and any franchise fees owed to localities. Language adopted in the 2018-2020 biennium budget and continued in the 2021 Appropriations Act provides for an additional diversion of funds to the state General Fund from assumed savings in the telephone relay contract; these funds would otherwise flow to localities.

Real and Personal Property Tax Exemptions Enacted Prior to 2003 VACo supports providing localities the ability to decide whether to maintain property tax exemptions granted by the General Assembly prior to passage of the Constitutional amendment vesting the authority to grant such exemptions with localities. The Constitutional amendment which was passed by the voters in 2002 and took effect in January 2003 placed decision-making authority about local tax exemptions with local governing bodies, within certain limits, and this authority should apply to exemptions granted before 2003 as well.

GENERAL GOVERNMENT 601 602 Priorities 603 604

Local Authority 605 VACo supports relaxation of the Dillon Rule and supports legislation maintaining 606 and enhancing local authority and autonomy in matters including land use, 607 revenue measures, procurement, and other issues of local concern. VACo 608 supports extending powers currently granted to some local governments to all 609 local governments. VACo opposes legislation that erodes local authority. 610

611 Unfunded Mandates 612 VACo opposes unfunded mandates and shifting fiscal responsibility for existing 613 and new programs by the Commonwealth from the state to localities. When 614 funding for a mandated program is altered, the mandate should be suspended 615 until full funding is restored. When legislation with a cost to localities is passed 616 by the General Assembly, the cost should be borne by the Commonwealth, and 617 the legislation should contain a sunset clause providing that the mandate is not 618 binding on localities until funding by the Commonwealth is provided. 619

620 Positions 621

622 Collective Bargaining for Public Employees 623 VACo opposes any effort to mandate collective bargaining for public employees. 624

625 Election Administration 626 VACo supports legislation that would decrease the costs of elections to localities 627 and establish a more robust state-local relationship in funding this vital function 628 of government. Cost reduction solutions include requiring parties to pay for 629 primary elections, having one date for primary elections, establishing countywide 630 voting places and other similar measures. The state should provide adequate 631 funding to localities for voting equipment and registrar costs and should assist 632 localities with the resources necessary to implement state requirements, such as 633 meeting election security standards. VACo also supports legislation to minimize 634 or eliminate Split Voting Precincts. Additionally, VACo supports a streamlined 635 process to address situations in which census boundaries do not align with locally 636 drawn or commonly adhered to boundaries. VACo supports additional flexibility 637 for localities in the requirements for drawing precinct and district boundaries. 638 639 Ethics Reform 640 VACo supports common sense efforts to strengthen Virginia’s public ethics and 641 conflicts of interest laws that are applicable and practical at the local level. 642

643 644 645

601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644

645

GENERAL GOVERNMENT

Priorities

Local Authority VACo supports relaxation of the Dillon Rule and supports legislation maintaining and enhancing local authority and autonomy in matters including land use, revenue measures, procurement, and other issues of local concern. VACo supports extending powers currently granted to some local governments to all local governments. VACo opposes legislation that erodes local authority.

Unfunded Mandates VACo opposes unfunded mandates and shifting fiscal responsibility for existing and new programs by the Commonwealth from the state to localities. When funding for a mandated program is altered, the mandate should be suspended until full funding is restored. When legislation with a cost to localities is passed by the General Assembly, the cost should be borne by the Commonwealth, and the legislation should contain a sunset clause providing that the mandate is not binding on localities until funding by the Commonwealth is provided.

Positions

Collective Bargaining for Public Employees VACo opposes any effort to mandate collective bargaining for public employees.

Election Administration VACo supports legislation that would decrease the costs of elections to localities and establish a more robust state-local relationship in funding this vital function of government. Cost reduction solutions include requiring parties to pay for primary elections, having one date for primary elections, establishing countywide voting places and other similar measures. The state should provide adequate funding to localities for voting equipment and registrar costs and should assist localities with the resources necessary to implement state requirements, such as meeting election security standards. VACo also supports legislation to minimize or eliminate Split Voting Precincts. Additionally, VACo supports a streamlined process to address situations in which census boundaries do not align with locally drawn or commonly adhered to boundaries, VACo supports additional flexibility for localities in the requirements for drawing precinct and district boundaries.

Ethics Reform VACo supports common sense efforts to strengthen Virginia’s public ethics and conflicts of interest laws that are applicable and practical at the local level.

False Reports / Swatting 646 VACo supports efforts that discourage and hold individuals accountable for 647 making false reports that result in the deployment of law enforcement or other 648 first responders. 649 650 First Responder Recruitment, Retention, Training, and Support 651 VACo urges the General Assembly to provide additional resources that would 652 assist local governments with the recruitment, retention, training, and support of 653 first responders such as law enforcement, fire and EMS personnel, and 9-1-1 654 dispatchers. 655

656 Freedom of Information Act (FOIA) 657 VACo opposes changes to the Virginia Freedom of Information Act that would 658 impose additional burdens on localities. VACo supports the option for local and 659 regional bodies to meet electronically. VACo supports protecting the 660 confidentiality of citizen complainants’ personal information from disclosure 661 under FOIA. 662 663 Grievance Hearings 664 VACo supports legislation authorizing localities to use an administrative hearing 665 officer and existing grievance panels and procedures, and opposes the mandate of 666 a three-member panel. VACo also supports providing immunity to local 667 government employees, officers, volunteers, administrative hearing officers and 668 panel members for claims arising out of participation in personnel grievance 669 procedures. 670

671 Interoperability 672 VACo supports the state’s goal that agencies and their representatives at the local, 673 regional, state and federal levels be able to communicate using compatible 674 systems to respond more effectively during day-to-day operations and major 675 emergencies. 676

VACo supports increased interoperability and the Commonwealth’s 677 transition to Next Generation 9-1-1 (NG9-1-1) in a way that does not unfairly 678 burden localities, financially or otherwise. 679 680 Local Government Representation in the Courtroom 681 VACo supports legislation that provides local government entities the right to 682 have a representative/ witness in the courtroom for the full duration of a trial. 683

684 Pretrial Services 685 VACo supports increased funding for and expansion of pretrial services. If the 686 Commonwealth adopts a funding formula for pretrial services, it must hold 687 harmless the localities currently participating. 688

689 Public Notice, Public Hearing and Public Procurement 690 VACo supports legislation to streamline required newspaper advertising for 691 public notices, public hearings and public procurement including legislation to 692

646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692

False Reports / Swatting VACo supports efforts that discourage and hold individuals accountable for making false reports that result in the deployment of law enforcement or other first responders.

First Responder Recruitment, Retention, Training, and Support VACo urges the General Assembly to provide additional resources that would assist local governments with the recruitment, retention, training, and support of first responders such as law enforcement, fire and EMS personnel, and 9-1-1 dispatchers.

Freedom of Information Act (FOIA) VACo opposes changes to the Virginia Freedom of Information Act that would impose additional burdens on localities. VACo supports the option for local and regional bodies to meet electronically. VACo supports protecting the confidentiality of citizen complainants’ personal information from disclosure under FOIA.

Grievance Hearings VACo supports legislation authorizing localities to use an administrative hearing officer and existing grievance panels and procedures, and opposes the mandate of a three-member panel. VACo also supports providing immunity to local government employees, officers, volunteers, administrative hearing officers and panel members for claims arising out of participation in personnel grievance procedures.

Interoperability VACo supports the state’s goal that agencies and their representatives at the local, regional, state and federal levels be able to communicate using compatible systems to respond more effectively during day-to-day operations and major emergencies.

VACo supports increased interoperability and the Commonwealth’s transition to Next Generation 9-1-1 (NG9-1-1) in a way that does not unfairly burden localities, financially or otherwise.

Local Government Representation in the Courtroom VACo supports legislation that provides local government entities the right to have a representative/ witness in the courtroom for the full duration of a trial.

Pretrial Services VACo supports increased funding for and expansion of pretrial services. If the Commonwealth adopts a funding formula for pretrial services, it must hold harmless the localities currently participating.

Public Notice, Public Hearing and Public Procurement VACo supports legislation to streamline required newspaper advertising for public notices, public hearings and public procurement including legislation to

give localities the option to use electronic or other forms of notification as an 693 alternative to newspaper advertising. 694

695 Public Safety – Body Worn Cameras 696 VACo supports maintaining the ability of local governments to adopt policies and 697 practices regarding body worn cameras that reflect local needs and fiscal realities. 698 699 Sovereign Immunity 700 VACo opposes any substantive change in local governments’ present defense of 701 qualified immunity and sovereign immunity. VACo opposes bringing counties 702 under the Virginia Tort Claims Act. 703

704 State Assistance for Police Departments 705 VACo supports increasing state assistance for police departments through “599” 706 Aid to Localities. This funding is designed to equalize state funding between 707 counties in which the sheriff department provides law enforcement and those 708 cities, counties, and towns with a police department. 709 710 Workers’ Compensation Presumptions 711 VACo opposes any effort to expand workers’ compensation presumptive illnesses 712 eligibilities for public employees that is not done in concert with additional state 713 funding assistance to local governments to offset additional insurance liabilities. 714 715 Cybersecurity 716 VACo supports dedicated state and federal funding for local governments to 717 acquire and maintain advanced cybersecurity to protect vital systems and 718 sensitive data. Incident reporting requirements should not impose an undue 719 burden or interfere with local incident response. 720

721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739

693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 77 718 719 720 721 722 723 724 ns 726 RI 728 nR9 730 71 732 733 734 PBS 736 B7 738 239

give localities the option to use electronic or other forms of notification as an alternative to newspaper advertising.

Public Safety — Body Worn Cameras VACo supports maintaining the ability of local governments to adopt policies and practices regarding body worn cameras that reflect local needs and fiscal realities.

Sovereign Immunity VACo opposes any substantive change in local governments’ present defense of qualified immunity and sovereign immunity. VACo opposes bringing counties under the Virginia Tort Claims Act.

State Assistance for Police Departments

VACo supports increasing state assistance for police departments through “599” Aid to Localities. This funding is designed to equalize state funding between counties in which the sheriff department provides law enforcement and those cities, counties, and towns with a police department.

Workers’ Compensation Presumptions

VACo opposes any effort to expand workers’ compensation presumptive illnesses eligibilities for public employees that is not done in concert with additional state funding assistance to local governments to offset additional insurance liabilities.

Cybersecurity VACo supports dedicated state and federal funding for local governments to acquire and maintain advanced cybersecurity to protect vital systems and sensitive data. Incident reporting requirements should not impose an undue burden or interfere with local incident response.

HEALTH AND HUMAN RESOURCES 740 741 Priorities 742 743

Health and Human Resources Funding 744 VACo supports transparent state policies and funding to ensure the 745 Commonwealth’s at-risk families have access to high quality and appropriate 746 services. The Commonwealth should provide full funding to localities and their 747 state administrative entities for state-mandated human services and provide the 748 necessary program flexibility to enable localities to provide comprehensive and 749 case-tailored services. 750

VACo supports resources necessary for behavioral health and mental 751 health facilities to ensure the protection of residents’ and staff health and safety, 752 such as appropriate staff qualifications, training, compensation, and condition of 753 the facilities. 754

755 Crisis Services and State Hospital Capacity to Accept Individuals 756 Subject to Temporary Detention Orders 757 VACo supports efforts to address census pressures at state hospitals through 758 near-term funding measures that will enable all state hospitals to receive 759 admissions of individuals subject to temporary detention orders without delays. 760 VACo supports competitive salaries and training for state hospital direct care 761 staff. In addition, ongoing efforts to support community-based crisis services 762 must continue. 763

764 Positions 765 766

Aging/Long-Term Care 767 VACo supports efforts that allow seniors to remain at home in a safe and secure 768 environment. VACo urges the General Assembly to provide sufficient funding for 769 companion services, in-home services, and home-delivered meals. Due to the 770 increasing number of older adults in Virginia and the rise of Adult Protective 771 Services (APS) cases, VACo supports additional state resources to ensure 772 adequate training for APS workers on topics such as financial exploitation. 773

774 Behavioral Healthcare 775 VACo supports continued funding by the Commonwealth sufficient to allow 776 Community Services Boards (CSBs) (or equivalent county agencies)1 to meet 777 adequately the charge of providing services through a community-based system 778 of care. State support must adequately enable CSBs to provide the services 779 mandated by the General Assembly as part of the STEP-VA initiative, as well as 780

1 The term “Community Services Boards” is used here to encompass the operating or administrative policy Community Services Boards, behavioral health authority, and local government departments with policy-advisory Community Services Boards.

740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 758 756 157 758 759 760 761 762 763 764 765 766 767 768 769 770 m7 772 773 774 775 776 717 778 779 780

HEALTH AND HUMAN RESOURCES

Priorities

Health and Human Resources Funding VACo supports transparent state policies and funding to ensure the Commonwealth’s at-risk families have access to high quality and appropriate services. The Commonwealth should provide full funding to localities and their state administrative entities for state-mandated human services and provide the necessary program flexibility to enable localities to provide comprehensive and case-tailored services.

VACo supports resources necessary for behavioral health and mental health facilities to ensure the protection of residents’ and staff health and safety, such as appropriate staff qualifications, training, compensation, and condition of the facilities.

Crisis Services and State Hospital Capacity to Accept Individuals Subject to Temporary Detention Orders

VACo supports efforts to address census pressures at state hospitals through near-term funding measures that will enable all state hospitals to receive admissions of individuals subject to temporary detention orders without delays. VACo supports competitive salaries and training for state hospital direct care staff. In addition, ongoing efforts to support community-based crisis services must continue.

Positions

Aging/Long-Term Care

VACo supports efforts that allow seniors to remain at home in a safe and secure environment. VACo urges the General Assembly to provide sufficient funding for companion services, in-home services, and home-delivered meals. Due to the increasing number of older adults in Virginia and the rise of Adult Protective Services (APS) cases, VACo supports additional state resources to ensure adequate training for APS workers on topics such as financial exploitation.

Behavioral Healthcare VACo supports continued funding by the Commonwealth sufficient to allow Community Services Boards (CSBs) (or equivalent county agencies)? to meet adequately the charge of providing services through a community-based system of care. State support must adequately enable CSBs to provide the services mandated by the General Assembly as part of the STEP-VA initiative, as well as

any additional requirements that may be added. Funding must be sufficient to 781 ensure adequate staffing in a competitive market. 782

Any changes to CSB funding should involve meaningful consultation with 783 localities as key funding partners in the behavioral health system. In addition to 784 local contributions to CSBs, localities make significant commitments to 785 behavioral health through support for services funded through the Children’s 786 Services Act and local spending on behavioral health care in local and regional 787 jails, among other funding commitments. 788

Proposed changes to the funding structure, such as the creation of new 789 funding formulae, should apply only to new funding. As an alternative, hold-790 harmless funds must be provided to those CSBs that would stand to lose state 791 funding under any new funding structure. 792

VACo supports the ability of the Department of Behavioral Health and 793 Developmental Services to waive local matching requirements for CSB funding 794 for localities experiencing financial hardships. 795

Realignment of the behavioral health funding structure to incentivize 796 community-based treatment rather than use of state hospitals will require 797 additional state dollars and must not rely on local funding to backfill 798 unanticipated costs for hospitalization. 799

VACo supports the provision of additional resources to meet the 800 behavioral health needs of justice-involved individuals, such as mobile crisis 801 services and other diversion programs that may be appropriate substitutes for, or 802 supplements to, law enforcement responses. Such work should be coordinated 803 with existing local and state efforts. A sustained commitment of resources from 804 the state will be necessary to ensure successful implementation of the Marcus 805 Alert system; these resources must be in addition to, and not at the expense of, 806 the funding needed to provide the array of community-based services established 807 under STEP-VA. 808

VACo recognizes the need for specialized services for individuals with 809 cognitive impairments who may experience behavioral health challenges, and 810 supports the provision of resources to enable these individuals to remain in the 811 community, such as continued funding for dementia behavioral specialists and 812 other supports for caregivers. 813

VACo supports the creation of additional Medicaid waiver slots to serve 814 individuals with intellectual and developmental disabilities in the community, 815 approximately 13,877 of whom were on a wait-list as of August 2022. 816

VACo supports efforts to improve efficiency and save staff time for child 817 abuse or neglect or family abuse cases in juvenile and domestic relations courts 818 by allowing behavioral health care providers the ability to submit written reports 819 documenting mental health conditions, similar to the current ability for 820 documentation of physical conditions or injuries to be submitted in writing by 821 certain health care providers, provided that all current standards of 822 confidentiality are preserved. 823

824 Children’s Services Act 825 VACo supports equitable cost-sharing between the state and localities for the 826 costs involved in the placements of children in residential treatment facilities for 827

781 782 783 784 785 786 787 788 789 790 791 792 793 794 795 796 797 798 799 800 801 802 803 804 805, 806 807 808 809 810 811 812 813 814 Esty 816 817 818 819 820 821 822 823 824 825, 826 827

any additional requirements that may be added. Funding must be sufficient to ensure adequate staffing in a competitive market.

‘Any changes to CSB funding should involve meaningful consultation with localities as key funding partners in the behavioral health system. In addition to local contributions to CSBs, localities make significant commitments to behavioral health through support for services funded through the Children’s Services Act and local spending on behavioral health care in local and regional jails, among other funding commitments.

Proposed changes to the funding structure, such as the creation of new funding formulae, should apply only to new funding. As an alternative, hold- harmless funds must be provided to those CSBs that would stand to lose state funding under any new funding structure.

VACo supports the ability of the Department of Behavioral Health and Developmental Services to waive local matching requirements for CSB funding for localities experiencing financial hardships.

Realignment of the behavioral health funding structure to incentivize community-based treatment rather than use of state hospitals will require additional state dollars and must not rely on local funding to backfill unanticipated costs for hospitalization.

VACo supports the provision of additional resources to meet the behavioral health needs of justice-involved individuals, such as mobile crisis services and other diversion programs that may be appropriate substitutes for, or supplements to, law enforcement responses. Such work should be coordinated with existing local and state efforts. A sustained commitment of resources from the state will be necessary to ensure successful implementation of the Marcus Alert system; these resources must be in addition to, and not at the expense of, the funding needed to provide the array of community-based services established under STEP-VA.

VACo recognizes the need for specialized services for individuals with cognitive impairments who may experience behavioral health challenges, and supports the provision of resources to enable these individuals to remain in the community, such as continued funding for dementia behavioral specialists and other supports for caregivers.

VACo supports the creation of additional Medicaid waiver slots to serve individuals with intellectual and developmental disabilities in the community, approximately 13,877 of whom were on a wait-list as of August 2022.

VACo supports efforts to improve efficiency and save staff time for child abuse or neglect or family abuse cases in juvenile and domestic relations courts by allowing behavioral health care providers the ability to submit written reports documenting mental health conditions, similar to the current ability for documentation of physical conditions or injuries to be submitted in writing by certain health care providers, provided that all current standards of confidentiality are preserved.

Children’s Services Act VACo supports equitable cost-sharing between the state and localities for the costs involved in the placements of children in residential treatment facilities for

non-educational reasons. VACo opposes proposals to limit state participation in 828 funding services for children and youth who are mandated to be provided with 829 special education and foster care services. 830

VACo supports enhancing the ability of local school divisions to serve 831 children with disabilities, to include flexibility in use of state pool funds to serve 832 children with high-level needs in local or regional programs tailored to meet 833 those needs, at local option; exploration of enhancements to the Students with 834 Intensive Support Needs Application (SISNA) or a similar funding mechanism 835 within the Department of Education to enable more children to be supported 836 within the public school environment; and additional support for special 837 education wraparound services to help support children in their communities. 838

VACo supports state assistance to localities with contracting for CSA 839 services to improve localities’ ability to negotiate with providers of these services, 840 such as private day placements. Rate setting by the state must not limit the 841 state’s funding obligation at the expense of localities if a provider refuses to 842 accept the negotiated rate. 843

VACo appreciates the investment of an additional $500,000 per year in 844 state administrative funds in the 2022 Appropriation Act and supports continued 845 investment of state resources to assist in the local administration of CSA 846 programs. As CSA becomes increasingly complex and the Office of Children’s 847 Services is charged with ensuring effective implementation, the state should 848 provide funding and other resources to support local programs. 849 850 Early Intervention 851 VACo supports sustainable funding for Part C Early Intervention, which is an 852 entitlement program that provides services for Virginia’s infants and toddlers. 853 VACo requests that the General Assembly continue to increase state general 854 funding to address growth in caseloads and fund rates that address the costs of 855 providing the services. Underfunding this entitlement program puts pressure on 856 local revenues to fill funding gaps for this mandated service. 857

858 Emergency Medical Transportation 859 VACo supports policies to protect consumers who require air ambulance services. 860 VACo opposes proposals that would add additional legal and administrative 861 burdens on local first responders regarding decisions about methods of 862 transportation in emergency situations. 863 864 Foster Care 865 VACo supports continued state efforts to ensure successful implementation of 866 federal legislation governing federal funding for children placed in foster care, to 867 include improving access to the evidence-based prevention services that may be 868 funded by Title IV-E dollars and ensuring that congregate care providers are able 869 to meet new standards required in the law. This legislation will allow federal 870 participation in prevention services that previously have been funded by state 871 and local dollars, but services must meet certain standards in order to qualify for 872 federal funding. 873

828 829 830 831 832 833 834 835, 836 837 838 839 840 841 842 843 844 845 846 847 848, 849 850 3851 352 853 854 855 856 857 858 859 860 861 862 863 864 865, 866 867 868 869 870 871 872 873

non-educational reasons. VACo opposes proposals to limit state participation in funding services for children and youth who are mandated to be provided with special education and foster care services.

VACo supports enhancing the ability of local school divisions to serve children with disabilities, to include flexibility in use of state pool funds to serve children with high-level needs in local or regional programs tailored to meet those needs, at local option; exploration of enhancements to the Students with Intensive Support Needs Application (SISNA) or a similar funding mechanism within the Department of Education to enable more children to be supported within the public school environment; and additional support for special education wraparound services to help support children in their communities.

VACo supports state assistance to localities with contracting for CSA services to improve localities’ ability to negotiate with providers of these services, such as private day placements. Rate setting by the state must not limit the state’s funding obligation at the expense of localities if a provider refuses to accept the negotiated rate.

VACo appreciates the investment of an additional $500,000 per year in state administrative funds in the 2022 Appropriation Act and supports continued investment of state resources to assist in the local administration of CSA programs. As CSA becomes increasingly complex and the Office of Children’s Services is charged with ensuring effective implementation, the state should provide funding and other resources to support local programs.

Early Intervention VACo supports sustainable funding for Part C Early Intervention, which is an entitlement program that provides services for Virginia’s infants and toddlers. VACo requests that the General Assembly continue to increase state general funding to address growth in caseloads and fund rates that address the costs of providing the services. Underfunding this entitlement program puts pressure on local revenues to fill funding gaps for this mandated service.

Emergency Medical Transportation

VACo supports policies to protect consumers who require air ambulance services. VACo opposes proposals that would add additional legal and administrative burdens on local first responders regarding decisions about methods of transportation in emergency situations.

Foster Care

VACo supports continued state efforts to ensure successful implementation of federal legislation governing federal funding for children placed in foster care, to include improving access to the evidence-based prevention services that may be funded by Title IV-E dollars and ensuring that congregate care providers are able to meet new standards required in the law. This legislation will allow federal participation in prevention services that previously have been funded by state and local dollars, but services must meet certain standards in order to qualify for federal funding.

VACo supports state assistance in recruiting appropriate foster families to 874 care for children who must be removed from their homes. VACo supports state 875 assistance in recruiting and retaining child welfare workers to address high rates 876 of turnover in local departments of social services, such as by increasing the 877 number of partnerships with universities in Virginia, improving training for child 878 welfare workers by implementing an academy model, and expanding the Child 879 Welfare Stipend program. 880

881 Healthcare 882 VACo supports continued state funding for dental care, school nurses and 883 preventive services and maternal and child health programs offered through local 884 health departments and local school systems. VACo encourages the state to 885 prepare for emergency health services access to care and to develop and fund 886 incentives that would alleviate the nursing shortages felt in many communities. 887 VACo supports efforts to reduce the cost of prescription drugs for 888 individual consumers as well as for local governments’ health insurance plans for 889 county employees, such as through an affordability review process and the 890 establishment of Upper Payment Limits for high-cost prescription drugs, 891 provided there is an opportunity for local representation in such a process. 892

893 Human Trafficking 894 VACo supports treating survivors of human trafficking as victims, not criminals, 895 and supports their access to services available to other trauma victims, such as 896 job placement services, housing assistance, access to education, legal services, 897 and mental health services. 898 899 Implementation of Medicaid Expansion 900 VACo supports continued state funding for the local costs associated with 901 Medicaid expansion, such as local eligibility workers, as well as state assistance 902 with reviewing the Medicaid eligibility of more than 1.2 million cases as required 903 after the termination of the federal public health emergency (which has barred 904 disenrollment of individuals during the emergency period as a condition of the 905 state’s receipt of the enhanced federal match rate). 906 907 Local EMS Involvement 908 VACo supports increased local involvement in state EMS planning to ensure 909 statewide needs are met and to avoid imposing unnecessary barriers to 910 volunteerism. 911

912 Prevention Services 913 VACo supports increased state general funding for community-based service 914 programs. VACo recognizes programs such as Healthy Families, Comprehensive 915 Health Investment Project (CHIP) of Virginia, Smart Beginnings, and Resource 916 Mothers as important models and requests that the General Assembly provide 917 additional funding for these home- and community-based activities. Investments 918 in programs that ensure a strong start for children can help reduce the need for 919 costlier interventions later in life. 920

874 875 876 877 878 879 880 881 882 883 884 885 886 887 888 889 890 391 392 893 394 895 3896 397 398 399 900 901 902 903 904 905 906 907 908 909 910 911 912 913 914 915 916 917 918 919 920

VACo supports state assistance in recruiting appropriate foster families to care for children who must be removed from their homes. VACo supports state assistance in recruiting and retaining child welfare workers to address high rates of turnover in local departments of social services, such as by increasing the number of partnerships with universities in Virginia, improving training for child welfare workers by implementing an academy model, and expanding the Child Welfare Stipend program.

Healthcare VACo supports continued state funding for dental care, school nurses and preventive services and maternal and child health programs offered through local health departments and local school systems. VACo encourages the state to prepare for emergency health services access to care and to develop and fund incentives that would alleviate the nursing shortages felt in many communities. VACo supports efforts to reduce the cost of prescription drugs for individual consumers as well as for local governments’ health insurance plans for county employees, such as through an affordability review process and the establishment of Upper Payment Limits for high-cost prescription drugs, provided there is an opportunity for local representation in such a process.

Human Trafficking VACo supports treating survivors of human trafficking as victims, not criminals, and supports their access to services available to other trauma victims, such as job placement services, housing assistance, access to education, legal services, and mental health servi

Implementation of Medicaid Expansion VACo supports continued state funding for the local costs associated with Medicaid expansion, such as local eligibility workers, as well as state assistance with reviewing the Medicaid eligibility of more than 1.2 million cases as required after the termination of the federal public health emergency (which has barred disenrollment of individuals during the emergency period as a condition of the state’s receipt of the enhanced federal match rate).

Local EMS Involvement

VACo supports increased local involvement in state EMS planning to ensure statewide needs are met and to avoid imposing unnecessary barriers to volunteerism.

Prevention Services VACo supports increased state general funding for community-based service programs. VACo recognizes programs such as Healthy Families, Comprehensive Health Investment Project (CHIP) of Virginia, Smart Beginnings, and Resource Mothers as important models and requests that the General Assembly provide additional funding for these home- and community-based activities. Investments in programs that ensure a strong start for children can help reduce the need for costlier interventions later in life.

Substance Abuse 921 Efforts to address substance dependency must be comprehensive and 922 coordinated with localities. The state should develop and support evidence-based 923 prevention initiatives and should continue to improve access to treatment. 924

925 Telehealth 926 VACo supports the use of electronic information and telecommunications 927 technologies to support long-distance clinical health care, patient and 928 professional health-related education, public health and health administration. 929 Flexibility in the delivery of these services is essential in meeting the needs of 930 residents. 931

932 933 934 935 936 937 938 939 940 941 942 943 944 945 946 947

948 949 950 951 952 953 954 955 956 957 958 959 960 961 962 963 964 965 966

967

921 922 923 924 925 926 927 928 929 930 931 932 933 934 935, 936 937 938 939 940 941 942 943 944 945 946 947 948 949 950 951 952 953 954 955 956 957 958 959 960 961 962 963 964 965 966 967

Substance Abuse

Efforts to address substance dependency must be comprehensive and coordinated with localities. The state should develop and support evidence-based prevention initiatives and should continue to improve access to treatment.

Telehealth VACo supports the use of electronic information and telecommunications technologies to support long-distance clinical health care, patient and professional health-related education, public health and health administration. Flexibility in the delivery of these services is essential in meeting the needs of residents.

TRANSPORTATION 968 969

Priority 970 971 Transportation Funding 972 VACo supports continued study and action to address the causes for declining 973 growth in transportation revenues and to develop recommendations to grow 974 revenue over time to meet increasing demands for new construction and 975 maintenance for existing transportation infrastructure. Such action must address 976 the secondary road needs of counties throughout the Commonwealth, including 977 additional funding for the paving of unpaved roads. 978

VACo supports changes to simplify the Smart Scale process for allocating 979 transportation funds to reduce time and costs to prepare and review applications. 980 VACo supports adequate funding levels to maintain existing transit capital state 981 match rates. 982

VACo supports continuing efforts to replace the regional funding that was 983 redirected from the Northern Virginia Transportation Authority. 984

VACo supports efforts to replace revenue lost due to eliminating the state 985 sales tax on groceries, without redirecting funding for other transportation 986 purposes. 987

While VACo supports the passage of the 2021 Infrastructure Investment 988 and Jobs Act (IIJA), this funding should not replace the necessary funding the 989 Commonwealth should provide localities regarding their transit and 990 infrastructure needs. VACo supports flexible funding for transportation, transit 991 and infrastructure projects across the Commonwealth. 992

993 Local-State Cooperation 994 VACo is committed to the protection of local government authority to regulate 995 land use. This authority must be recognized by Virginia Department of 996 Transportation (VDOT) and the Commonwealth Transportation Board (CTB) 997 when evaluations are conducted to determine the consistency between local 998 transportation plans and the Commonwealth’s transportation priorities. VACo 999 also opposes the reduction of local control that is associated with the CTB’s 1000 process of designating Corridors of Statewide Significance and the 1001 implementation of Arterial Preservation. Additionally, VACo supports additional 1002 flexibility within the VDOT project approval process and standards to be 1003 responsive to localities’ individual needs, including utility coordination. VACo 1004 supports the expansion of authority and discretion of Resident Administrators of 1005 VDOT to approve modifications to design standards where appropriate with local 1006 needs, including reduction of speed limits. 1007 1008

Positions 1009 1010 Airports 1011

VACo supports additional state and federal funding for the maintenance and 1012 expansion of airports to foster regional economic development. 1013

968 969 970 971 972 973 974 975 976 977 978 979 980 981 982 983 984 985 986 987 988 989 990 991 992 993 994 995 996 997 998 999

1000

1001

1002

1003

1004

1005,

1006

1007

1008

1009

1010

1011

1012

1013

TRANSPORTATION

Priori

Transportation Funding VACo supports continued study and action to address the causes for declining growth in transportation revenues and to develop recommendations to grow revenue over time to meet increasing demands for new construction and maintenance for existing transportation infrastructure. Such action must address the secondary road needs of counties throughout the Commonwealth, including additional funding for the paving of unpaved roads.

VACo supports changes to simplify the Smart Scale process for allocating transportation funds to reduce time and costs to prepare and review applications. VACo supports adequate funding levels to maintain existing transit capital state match rates.

VACo supports continuing efforts to replace the regional funding that was redirected from the Northern Virginia Transportation Authority.

VACo supports efforts to replace revenue lost due to eliminating the state sales tax on groceries, without redirecting funding for other transportation purposes.

While VACo supports the passage of the 2021 Infrastructure Investment and Jobs Act (IIJA), this funding should not replace the necessary funding the Commonwealth should provide localities regarding their transit and infrastructure needs. VACo supports flexible funding for transportation, transit and infrastructure projects across the Commonwealth.

Local-State Cooperation VACo is committed to the protection of local government authority to regulate land use. This authority must be recognized by Virginia Department of Transportation (VDOT) and the Commonwealth Transportation Board (CTB) when evaluations are conducted to determine the consistency between local transportation plans and the Commonwealth’s transportation priorities. VACo also opposes the reduction of local control that is associated with the CTB’s process of designating Corridors of Statewide Significance and the implementation of Arterial Preservation. Additionally, VACo supports additional flexibility within the VDOT project approval process and standards to be responsive to localities’ individual needs, including utility coordination. VACo supports the expansion of authority and discretion of Resident Administrators of VDOT to approve modifications to design standards where appropriate with local needs, including reduction of speed limits.

Positions

Airports VACo supports additional state and federal funding for the maintenance and expansion of airports to foster regional economic development.

Autonomous Vehicles 1014 VACo supports continued collaboration with local governments on the 1015 development, deployment, and restrictions of use for autonomous vehicles, aerial 1016 systems, and related support infrastructure. 1017 1018 Electric Vehicle Charging Stations 1019 VACo supports increased state and federal funding that provides for the 1020 availability and installation of interoperable, electric vehicle charging stations in 1021 collaboration with localities. 1022 1023 Devolution of Secondary Roads 1024 VACo opposes legislative or administrative initiatives that would transfer to 1025 counties the responsibility for the construction, maintenance or operation of new 1026 and existing roads. 1027 1028 Maintenance Priorities 1029 VACo supports a requirement imposed upon VDOT to implement a notification 1030 plan with the local governing body to establish maintenance priorities. 1031 1032 Orphaned Drainage Outfalls 1033 VACo supports the recommendations of the Evaluation of Drainage Outfalls Final 1034 Report to mitigate the impacts of drainage outfalls with no assigned maintaining 1035 entity across the Commonwealth. 1036 1037 Parking 1038 VACo supports general authority for counties to adopt ordinances regulating, 1039 including prohibiting, the parking of boats, RVs, utility trailers, campers, etc. on 1040 subdivision streets. In addition, VACo supports additional authority that would 1041 allow localities with parking ordinances the ability to enforce such ordinances 1042 using law enforcement, uniformed local employees, or uniformed personnel 1043 under contract with the locality. 1044 1045 Railways 1046 VACo supports efforts by the Commonwealth to expand sustainable passenger 1047 and commuter rail service, including Transforming Rail in Virginia, to currently 1048 unserved areas of the Commonwealth as well as areas where demand exceeds 1049 available service. VACo supports continued collaboration with local governments 1050 regarding Commonwealth Rail Fund projects funded by the state and constructed 1051 within their jurisdictions. VACo supports efforts to safely improve mobility issues 1052 on roads that cross railway lines. 1053 1054 Recordation Tax Distribution to Localities 1055 VACo supports the restoration of state recordation tax revenues distributed to 1056 counties and cities for use of transportation or public education purposes. 1057 1058 1059 1060

1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025, 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035, 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060

Autonomous Vehicles

VACo supports continued collaboration with local governments on the development, deployment, and restrictions of use for autonomous vehicles, aerial systems, and related support infrastructure.

Electric Vehicle Charging Stations VACo supports increased state and federal funding that provides for the availability and installation of interoperable, electric vehicle charging stations in collaboration with localities.

Devolution of Secondary Roads VACo opposes legislative or administrative initiatives that would transfer to counties the responsibility for the construction, maintenance or operation of new and existing roads.

Maintenance Priorities VACo supports a requirement imposed upon VDOT to implement a notification plan with the local governing body to establish maintenance priorities.

Orphaned Drainage Outfalls

VACo supports the recommendations of the Evaluation of Drainage Outfalls Final Report to mitigate the impacts of drainage outfalls with no assigned maintaining entity across the Commonwealth.

Parking VACo supports general authority for counties to adopt ordinances regulating, including prohibiting, the parking of boats, RVs, utility trailers, campers, etc. on subdivision streets. In addition, VACo supports additional authority that would allow localities with parking ordinances the ability to enforce such ordinances using law enforcement, uniformed local employees, or uniformed personnel under contract with the locality.

Railways VACo supports efforts by the Commonwealth to expand sustainable passenger and commuter rail service, including Transforming Rail in Virginia, to currently unserved areas of the Commonwealth as well as areas where demand exceeds available service. VACo supports continued collaboration with local governments regarding Commonwealth Rail Fund projects funded by the state and constructed within their jurisdictions. VACo supports efforts to safely improve mobility issues on roads that cross railway lines.

Recordation Tax Distribution to Localities VACo supports the restoration of state recordation tax revenues distributed to counties and cities for use of transportation or public education purposes.

Regional Transportation Funding 1061 VACo opposes any efforts to divert existing dedicated regional transportation 1062 revenues to areas and purposes outside of that region unless additional dedicated 1063 funding sources are provided to hold such funding harmless. 1064 1065 Truck Size and Weight 1066 VACo opposes any legislation that seeks to increase truck size or weight beyond 1067 the current federal standards, thereby stressing the capacity of the 1068 Commonwealth’s road systems and putting highways, roads and bridges at risk of 1069 increased damage or deterioration. 1070 1071 Transit 1072 State funding for transit should account for the needs of each region and 1073 community to foster regional economic development. 1074 1075 1076

1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076

Regional Transportation Funding VACo opposes any efforts to divert existing dedicated regional transportation revenues to areas and purposes outside of that region unless additional dedicated funding sources are provided to hold such funding harmless.

‘Truck Size and Weight VACo opposes any legislation that seeks to increase truck size or weight beyond the current federal standards, thereby stressing the capacity of the Commonwealth’s road systems and putting highways, roads and bridges at risk of increased damage or deterioration.

Transit State funding for transit should account for the needs of each region and community to foster regional economic development.

11/29/22, 3:11 PM “Money Committees” Hold Annual Pre-Session Retreats, Signal Budget Priorities for 2023 - Virginia Association of Counties

https://www.vaco.org/county-connections/money-committees-hold-annual-pre-session-retreats-signal-budget-priorities-for-2023/ 1/4

Jobs(/publications-resources/job-opportunities/)

Calendar(/education-and-events/calendar/) Blog(/publications-resources/blog/)

Contact(/contact/)



“Money Committees” Hold Annual Pre-Session

Retreats, Signal Budget Priorities for 2023

November 29, 2022

The General Assembly’s “money committees” – the House Appropriations, House

Finance, and Senate Finance and Appropriations Committees – held their annual

retreats earlier this month, with the House Appropriations and House Finance

Committees meeting November 14 in Richmond and the Senate Finance and

Appropriations Committee convening November 17-18 in Farmville. These

meetings traditionally provide an overview of state and national economic

conditions and brie�ngs on key issues that will shape budget deliberations in the

upcoming legislative session, as well as staff’s revenue projections and

assessments of major budget pressures and priority spending items. Common

themes of the two retreats included the uncertainty of revenue forecasts and the

importance of preserving structural balance in the state budget. Committee staff

in both chambers encouraged members to consider one-time spending items

rather than ongoing commitments.

October revenues

Secretary of Finance Stephen Cummings presented an update on state General

Fund revenues (https://hac.virginia.gov/Committee/�les/2022/11-14-22/I -

%20Revenue%20Report%20and%20Update.pdf) to the House retreat on

November 14. State revenues continued to perform well in October, although the

Secretary’s November 15 memorandum

(https://www.�nance.virginia.gov/media/governorvirginiagov/secretary-of-

�nance/pdf/master-revenue-reports/FINAL-Oct-Revenue-Letter-11-14-22-

415pm.pdf) strikes a note of caution regarding the potential effects of in�ation

and actions by the Federal Reserve’s Open Market Committee to bring it under

control. In October, General Fund (GF) revenues increased by 3 percent. On a

�scal year-to-date basis, GF revenues declined by 3.1 percent, outperforming the

14 percent decrease incorporated in the current biennium budget; revenues are

exceeding projections by $840 million. Individual income tax withholding

continues to re�ect a robust labor market, with growth of 8.2 percent on a �scal

year-to-date basis (ahead of a projected 0.1 percent decline). However, the

Secretary’s memorandum points out that sales and use tax and individual income

tax nonwithholding collections may suffer as the economy cools in response to

actions by the Federal Reserve. The Secretary writes, “[y]ear-over-year increases

in sales tax collections primarily re�ect the impact of heightened in�ation. With

in�ation continuing to exceed wage growth, this negative impact on real wages is

not sustainable.” There is similar concern that nonwithholding revenues (the bulk

of which are collected in the �nal quarter of the �scal year) will not continue their

current robust performance; the memorandum notes, “because �lers generally

make nonwithholding payments at this time of year based on prior year tax

liability, current collections do not re�ect the volatility in the stock market and its

weakness compared to a year ago.”

House Appropriations and House Finance

In addition to the Secretary’s presentation, members received a brie�ng on the

state’s reserves (https://hac.virginia.gov/Committee/�les/2022/11-14-22/III -

(https://www.vaco.org) 

“Money Committees" Hold Annual Pre-Session Retreats, Signal Budget Priorities for 2023 - Virginia Association of Counties

{ebal/ publications resourced opportuni)

Colendorledueation-ancreventsalendar) Glog/pubieationsresources/olog/) Q Contacticontact) 7 (ntepsinwwevacoora)

“Money Committees” Hold Annual Pre-Session Retreats, Signal Budget Priorities for 2023

November 29, 2022

BUDGET

‘The General Assembly’s “money committees" - the House Appropriations, House Finance, and Senate Finance and Appropriations Committees - held their annual retreats earlier this month, with the House Appropriations and House Finance, Committees meeting November 16 in Richmond and the Senate Finance and Appropriations Committee convening November 17.18 in Farmwill. These ‘meetings traditionally provide an overview of state and national economic conditions and briefings on key issues that will shape budget deliberations in the Upcoming legislative session, as wel as staff’s revenue projections and assessments of major budget pressures and priority spending items. Common ‘themes ofthe two retreats included the uncertainty of revenue forecasts and the Importance of preserving structural balance inthe state budget. Committee staff Inboth chambers encouraged members to consider one-time spending terns rather than ongoing commitments.

‘October revenues Secretary of Finance Stephen Cummings presented an update on state General Fund revenues (https/fhac virginia goviCommitteeiles/2022/1-14-2210%20- “y20Reveriue’s20Reports20and20Update pdf to the House retreat on November 14. State revenues continued to perform well in October, although the Secretary’s November 15 memarandum (netpsuwwefinance virginia govimedialgovernorvirginiagovsecretary-o- financelpatimaster-revenue-reports/FINAL-Oct-Revenue-Letter-1114-22-

4iSpm pai strikes a nate of caution regarding the potential effect of inflation and actions by the Federal Reserve’s Open Market Committee to bring it under contol. in October, General Fund (GF} revenues increased by 3 percent. On a fiscal year-to-date basis, GF revenues declined by 31 percent, outperforming the ‘é percent decrease incorporated inthe current biennium budget revenues are ‘exceeding projections by $840 million. Individual income tax withholding continues to reflect a robust labor market, with growth of 82 percent on a fiscal {year-to-date basis (ahead of a projected 01 percent decline). However, the Secretary’s memorandum points out that sales and use tax and individual income ‘ax nonwithholding collections may suffer asthe economy cools in response to actions by the Federal Reserve. The Secretary writes, “year-over-year increases In sales tax collections primarily reflect the impact of heightened inflation. With Inflation continuing to exceed wage growth, this negative impact on real wages is ot sustainable.” There Is similar concern that nonwithholding revenues (the bulk of which are collected inthe final quarter of the fiscal year wil not continue theit current robust performance: the memorandum notes, because filers generally ‘make nonwithholding payments at this time of yea based on prior yeor tax ability, current collections do nat reflect the volatility in the stock market and its ‘weakness compared toa year ago”

‘House Appropriations and House Finance Inaddition tothe Secretary’s presentation, members received a briefing on the state’s reserves https/Inac vieginia.gow/Committeytiles/2022!14-22/520>

https:!ivwnw.vaco.orglcounty-connections/money-committees-hold-annual-pre-session-retreats-signal-budget-priovities-for-2023)

11/29/22, 3:11 PM “Money Committees” Hold Annual Pre-Session Retreats, Signal Budget Priorities for 2023 - Virginia Association of Counties

https://www.vaco.org/county-connections/money-committees-hold-annual-pre-session-retreats-signal-budget-priorities-for-2023/ 2/4

%20Revenue%20Stabilization%20and%20Revenue%20Reserve%20Funds.pdf); an

update on the capital outlay pool (https://hac.virginia.gov/Committee/�les/2022/11-

14-22/VI%20-%20Capital%20Update.pdf); an update on the state’s debt capacity

(https://hac.virginia.gov/Committee/�les/2022/11-14-22/VII -

%20Debt%20Capacity%20Update.pdf); a report on the effects of in�ation and

supply chain disruptions on the Virginia Department of Transportation and the

Department of Rail and Public Transportation

(https://hac.virginia.gov/Committee/�les/2022/11-14-22/V - VDOT-

DRPT%20Supply%20Chain%20Issues.pdf); an update on the Virginia Business

Ready Sites program (https://hac.virginia.gov/Committee/�les/2022/11-14-

22/IV%20-%20VEDP%20-%20Business%20Ready%20Sites.pdf); and staff’s revenue

projections (https://hac.virginia.gov/Committee/�les/2022/11-14-22/II_a -

%20Revenue%20and%20Budget%20Outlook%20FINAL.pdf) (including the

Medicaid forecast (https://hac.virginia.gov/Committee/�les/2022/11-14-22/II_b -

%20Updated%20Medicaid%20Forecast.pdf)).

Similar to the Secretary’s assessment, House Appropriations staff indicated that

nonwithholding collections represent the “greatest risk to the FY 2023 forecast,”

noting the historical volatility of this revenue source and the dif�culty of

determining the degree to which September and January payments are “safe

harbor” payments. Staff forecast a total GF decline of 7.4 percent in FY 2023

(rather than the 14 percent decline incorporated in the current budget), and

growth of 5.1 percent in FY 2024 (down from the 9.6 percent growth included in

the current budget), resulting in a projected $1.96 billion in FY 2023 and $930

million in FY 2024 above levels in the adopted budget (for a total of $2.89 billion

over the biennium above levels in the adopted budget).

Staff identi�ed $9.5 million in mandatory spending in FY 2023 and $119.6 million in

FY 2024. In addition, state agencies submitted a total of $875 million in non-

technical operating budget requests. Committee staff identi�ed high-priority

spending items totaling $7.8 million in FY 2023 and $152.7-$257 million in FY 2024,

including funding for a portion of unfunded or underfunded positions in

Constitutional of�ces, bonuses for Community Services Board staff and funding

for the state’s crisis services system, salary and rent increases for local health

departments, and funding to address recommendations to improve Child

Protective Services. Staff also suggested that the legislature may wish to increase

compensation for state employees, state-supported local employees, and SOQ-

funded positions in FY 2024 given continued high in�ation and staf�ng issues (or

provide one-time bonuses to offset in�ation).

Committee staff encouraged a continued focus on one-time expenditures rather

than using excess FY 2023 revenues to support ongoing expenditures (noting also

that simply maintaining current service levels may require increasing

expenditures). Such one-time spending could include cash infusions into VRS,

using cash for capital outlay, addressing cost increases in already-authorized

projects, providing employee bonuses, making economic development

investments, or upgrading outdated IT systems.

Senate Finance and Appropriations

Senate Finance and Appropriations Committee members received a brie�ng on

economic conditions

(https://sfac.virginia.gov/pdf/committee_meeting_presentations/2022/Annual Meeting Longwood/111722_No1_Economic

from a representative of the Federal Reserve Bank of Richmond; an analysis of

demographic changes in Virginia and their effect on school enrollment

(https://sfac.virginia.gov/pdf/committee_meeting_presentations/2022/Annual Meeting Longwood/111722_No3_Demogra

a related presentation

(https://sfac.virginia.gov/pdf/committee_meeting_presentations/2022/Annual Meeting Longwood/111722_No4_Education

on the funding implications of these projected changes in school enrollment; and

presentations on key topics in public safety

(https://sfac.virginia.gov/pdf/committee_meeting_presentations/2022/Annual Meeting Longwood/111822_No5_PublicSaf

workforce development

(https://sfac.virginia.gov/pdf/committee_meeting_presentations/2022/Annual Meeting Longwood/111822_No6A_Workfor

(including the Administration’s proposal to consolidate workforce programs

under a new Virginia Department of Workforce Development and Advancement),

transportation

(https://sfac.virginia.gov/pdf/committee_meeting_presentations/2022/Annual Meeting Longwood/111822_No6b_Transpo

and human services

(https://sfac.virginia.gov/pdf/committee_meeting_presentations/2022/Annual Meeting Longwood/111822_No7_HHR.pdf).

Similar to their House counterparts, Senate Finance and Appropriations

Committee staff forecast

(https://sfac.virginia.gov/pdf/committee_meeting_presentations/2022/Annual Meeting Longwood/111722_No2_Revenue&

an upward adjustment to revenues in FY 2023, with slower growth in FY 2024;

likewise, Senate staff express signi�cant concern about the volatility of

nonwithholding collections and the risk nonwithholding poses to the forecast.

Senate staff assume a decline of 6.7 percent in GF revenues in FY 2023 and

growth of 3.4 percent in FY 2024, translating into $2.2 billion in FY 2023 and

$682.8 million in FY 2024 above the amounts included in the adopted budget (or

approximately $2.9 billion in additional resources over the biennium).

“Money Committees" Hold Annual Pre-Session Retreats, Signal Budget Priorities for 2023 - Virginia Association of Counties

‘x20 RevenueX205tabiliztion’s20and¥20RevenueX20ReserveX20Funds pal an ‘update on the capital outlay poo! (https/hacvirginia.gowCommiteeyfiles/2022! 14-22/V1420-20Capital%20Update pa} an update on the state’s debt eapacity {netpsshac virginia goviCommittoeiles/2022/0-14-22NVI%K20- s20Deb1%420Capacity®20Update pa}; report onthe effects of inflation and supply chain disruptions on the Virginia Department of Transportation and the Department of Rall and Public Transportation

{https hac virginia goviCommittoeiles/2022/0-14-221V%620-%20VDOT- DRPT:20Supplyi«20Chain20Issues. pdf) an update on the Virginia Business Ready Sites program (https:fhac vieginia goviCommitteeies/2022/- 22{1V%420-420VEDP%20-%:208usiness%20ReadyX20Sites pal) and staff’s revenue projections (hetps:/Inacvirginia gow/Committee/iles/2022/114-22/ a%20- ‘:20RevenueX20and¥20BudgetX200utlook%20FINAL pa (including the Medicaid forecast (nttps:fhac vieginia gov/Committeefites2022/N-14-22!l B%20- %20Updated20Medicaid%:20Forecast pat}.

Similar tothe Secretary’s assessment, House Appropriations staff indicated that ‘Ronwithholding collections represent the “greatest isk tothe FY 2023 forecast,” ting the historical volatility ofthis revenue source and the dificulty of determining the degree to which September and January payments are “safe harbor” payments. Staff forecast a total GF decline of 74 percent in FY 2023 (father than the 14 percent decline incorporated inthe current budget), and growth of 51 percent in FY 2024 (down from the 96 percent growth included in the current budget), resulting in a projected $196 blion in FY 2023 and $930 millon in FY 2024 above levels in the adopted budget (fra total of $289 billion ‘over the biennium above levels in the adopted budget),

Staff identified $9.5 milion in mandatory spending in FY 2023 and $1136 milion in FY 2024, In addition, state agencies submitted a total of $675 milion in non- technical operating budget requests. Committee staff identiied high-privity spending items totaling $78 milion in FY 2023 and $1527-$257 milion in FY 2024, including funding fora portion of unfunded or underfunded pasitionsin Constitutional offices, bonuses for Community Services Board staff and funding for the state’s crisis services system, salary and rent increases for lal health departments, and funding to address recommendations to improve Child Protective Services. Staf also suggested that the legislature may wish to increase compensation fr state employees, state-supported local employees, and SOQ- funded positions in FY 2024 given continued high inflation and staffing issues (or provide one-time bonuses to offset inflation),

Committoe staff encouraged a continued focus on one-time expenditures rather than using excess FY 2025 revenues to support ongoing expenditures (noting also that simply maintaining current serview levels may requie increasing expenditures). Such onetime spending could include cash infusions into VRS, Using eash for capital outlay addressing cost increases in already-authorized projects, providing employee bonuses, making economic development Investments, or upgrading outdated T systems.

Senate Finance and Appropriations Senate Finance and Appropriations Committee members received a briefing on

‘economic conditions

(nttpsfsfac virginia govipaticommittee_meeting.presentations/2022/Annwat20Mecting k20Longwood722_Nol. Economic from a representative ofthe Federal Reserve Banik of Richmond: an analysis of

demographic changes in Virginia and their effect on school enrliment

(hetpssfacvrginia govfpaticommittes_meeting.presentations/2022/Annual20Mecting’20Longwood)II1722_No8_Demogra {related presentation

(hetps/sfac virginia goulpaticommittee_meeting_presentations/2022/annuals20Mecting’x20Longwood/II1722_ Nos. Educatio {on the funding implications of these projected changes in school enrollment; and

presentations on key topics in public safety

{httpsfsfac virginia govipdticommittes-meeting.presentations/2022/Annwat20Mecting k20Longwood/M822_NoS_PublicSat ‘workforce development

{nttpsfsfac virginia govipaticommittee-meeting.presentations/2022/Anrwal20Mecting k20Longwood/822_No6A Workfo (including the Administration’ proposal to consolidate workforce programs

Under @ new Virginia Department of Workforce Development and Advancement),

transportation

(netps/sfacvrginia goufpaticommittes_meeting_presentations/2022/Annual20Mecting’20Longwood)IN1622_No6b Transpo land human services

(netpslsfacvrginia goulpaticommittee_meeting_presentations/2022/Annual20Mecting’x20Longwood/Il1622_No7_HHR.pd)

Similar to their House counterparts, Senate Finance and Appropriations Committee stat forecast

(nttpsfsfac virginia govfpaticommittee meeting. presentations/2022/Annwat20Mecting k20LongwoodN722_No2_Revenuel !an Upward adjustment to revenues in FY 2023, with slower growth in FY 2024;

likewise, Senate staff express significant concern about the volatility of

onwithholding collections and the risk nonwithholding poses tothe forecast.

Senate staff assume a decline of 67 percent in GF revenues in FY 2028 and

growth of 4 percent in FY 2026, translating nto $22 billon in FY 2025 and

‘$682.8 milion in FY 2024 above the amounts included in the adopted budget (oF

‘approximately $29 bilion in additional resources over the biennium)

https:!ivwnw.vaco.orglcounty-connections/money-committees-hold-annual-pre-session-retreats-signal-budget-priovities-for-2023) 24

11/29/22, 3:11 PM “Money Committees” Hold Annual Pre-Session Retreats, Signal Budget Priorities for 2023 - Virginia Association of Counties

https://www.vaco.org/county-connections/money-committees-hold-annual-pre-session-retreats-signal-budget-priorities-for-2023/ 3/4

Committee staff compiled a list of major budget pressures totaling $215.9 million

in FY 2023 and $697.9 million in FY 2024, including expected requirements for

capital outlay project supplements to address in�ation; economic development

projects; compensation increases; crisis system funding; and K-12 enrollment and

technical updates. Staff also stressed the importance of structural balance in

considering ongoing spending commitments, citing the uncertainty of the

economic outlook, and suggested use of additional revenues for one-time

expenditures.

Next steps

The Governor’s Advisory Council on Revenue Estimates met November 21, and the

Governor will release a revised revenue forecast, along with his proposed

amendments to the biennium budget, on December 15.

VACo Contact: Katie Boyle (mailto:[email protected])

 County Connections (https://www.vaco.org/category/county-connections/), Katie

Boyle (https://www.vaco.org/category/katie-boyle/)

CATEGORIES

1207 tothe 95 (nttpssfnwnvaco.orgkeategory/207-to-the-35/)

2016 Annual Conference (netpsinwnvaco.argheategory/2016-annual-conference/) » 2017 Annual Conference (nttpsinwnvaco.orgkeategory/2017-annual-conterence/) 2018 annual Conference (nttpsiinwnivacoorgkeategory/2018-annual-conference/) 2018 Presidential initiative (nttpsimwnvacoorgkeategory/2018-president 2019 annual Conference (neepsiuwwevaco.orgieategory/2019-annual-conterence/) 2020 Annual Conference

tative)

Stay Informed

https:!ivwnw.vaco.orglcounty-connections/money-committees-hold-annual-pre-session-retreats-signal-budget-priovities-for-2023)

3i4

11/29/22, 3:11 PM “Money Committees” Hold Annual Pre-Session Retreats, Signal Budget Priorities for 2023 - Virginia Association of Counties

https://www.vaco.org/county-connections/money-committees-hold-annual-pre-session-retreats-signal-budget-priorities-for-2023/ 4/4

(https://www.vaco.org)

Advocating, educating and empowering Virginia counties since 1934.

QUICK LINKS

 County Connections(http://www.vaco.org/publications-resources/county-connections/)

 Capitol Contact(http://www.vaco.org/publications-resources/capitol-contact/)

 Job Opportunities(http://www.vaco.org/publications-resources/job-opportunities/)

 Legislative Summaries(http://www.vaco.org/advocacy/)

 Upcoming Events(http://www.vaco.org/education-and-events/calendar/)

 County Pro�les(http://www.vaco.org/virginia-counties/)

ABOUT

 Team(http://www.vaco.org/about/team/)

 Regions(http://www.vaco.org/about/regions/)

 Board of Directors(http://www.vaco.org/about/board-of-directors/)

CONTACT & CONNECT

1207 East

Main

Street,

Suite 300

Richmond,

Va 23219-

3627

(https://www.google.com/maps/place/Va+Association+of+Counties/@37.5363906,-77.4336274,15z/data=!4m5!3m4!1s0x0:0x9cf90a3272

77.4335857)

 804-788-6652(tel:%201-804-788-6652)

 804-788-0083

(htt ps:/ /tw itte r.co m/ VA Co unt ies/

)

(htt ps:/ /w

ww .fac eb

ook .co m/ VA Co unt ies)

(htt ps:/ /w

ww .yo utu be. co m/ use r/V AC ou nti es)

  

“Money Committees" Hold Annual Pre-Session Retreats, Signal Budget Priorities for 2023 - Virginia Association of Counties

(netpsiimwnevacoors)

‘Advocating, educating and empowering Virginia counties since 1934

QUICK LINKS

county Connectionsierpllwwwvacoorafpubkications rsourcescounty-connectons) Capitol Contactineptwwnvaeacorafpubicationsresourestapito- contact)

3b Opportunitestutplwwwvacacrgipubleationsresouresiob-opportunities) Legisiative Summariesintpiswwneaco.rgiadvocacy/)

Upcoming Events vvacoorgleducatlon-and-eventskatenda/}

County Proiesitpdkwwvacoorgirginia-curtie!

AgouT

Teamintodwwwvacocraiaboutteanv) Regionsintp:ommsacoorghsbouthegions) Board of Orectorsinepswwnvacacrgbbouvboard-t rectors)

CONTACT & CONNECT

Steet ntps/Iwnw googie comnapsblace/VavAssocatlon*of+Countes/Q37S362906,77AS36274)SeMatarmS4mA"eOxOO%9ct9083272

suite $00 ichmona77“53585

va250-

37am .

spe NB henet201 004-700-6052

ite fac uta

aa aes orc of CountinAlligtaresned Poles and Acenilty pracy Boe)

https:!ivwnw.vaco.orglcounty-connections/money-committees-hold-annual-pre-session-retreats-signal-budget-priovities-for-2023) 414

o Lieutenant Governor

o Attorney General

o Supreme Court Justices

o Court of Appeals Judges

o Circuit Court Judges

o Judges and substitute judges of district courts

o State Corporation Commission members

o Worker’s Compensation Commission members

o Commonwealth Transportation Board members

o Board of Trustees of the Virginia Retirement System

o Board of the Virginia College Savings Plan

o Board of Directors of the Virginia Alcoholic Beverage Control Authority

o Virginia Lottery Board members

o Certain executive branch officer and employees as deemed necessary by the Governor (contact your

agency coordinator for more information)

o Certain legislative branch officers and employees as designated by the Joint Rules Committee of the

General Assembly

o Constitutional Officers

The following state officers are required to file the Financial Disclosure Statement per§ 2.2-3114 and the

Governor’s Executive Order 18.

o Non-salaried citizen members of all policy, supervisory, and advisory boards, commissions, and

councils in the executive branch of state government, other than the Commonwealth Transportation

Board, members of the Board of Trustees of the Virginia Retirement System, and the Virginia Lottery

Board

0 Activity Begin Date

January 1

0 Activity End Date

December 31

IIIDisclosure Due

February 1

These forms are for reference only. State officers and employees are required to file electronically using the Council’s online filing system. The Council may NOT accept any filings submitted on paper via email, fax, or mail.

SAMPLE FORMS - STATE OFFICERS AND EMPLOYEES

o State and Local Statement of Economic Interests (2018 SLSOEI _Sample.pdf)

o Financial Disclosure Statement (2017 2.0 FDS FINALa.pdf)

Local Officers and Employees Prior to assuming office or taking employment, each person listed below must file their required disclosure form.

Thereafter, they must file annually on or before February 1.

You may not sign, date, or submit your disclosure form for your regular annual filing prior to January 1.

The following local officials are required to file the State and Local Statement of Economic Interests per§ 2.2- 3115:

Tracy Highlight

Supreme Court Justices

Court of Appeals Judges

Circuit Court Judges

Judges and substitute judges of district courts

State Corporation Commission members

Worker’s Compensation Commission members

Commonwealth Transportation Board members

Board of Trustees of the Virginia Retirement System

Board of the Virginia College Savings Plan

Board of Directors of the Virginia Alcoholic Beverage Control Authority

Virginia Lottery Board members

Certain executive branch officer and employees as deemed necessary by the Governor (contact your

agency coordinator for more information)

The following state officers are required to file the Financial Disclosure Statement per § 2.2-3114 and the Governor’s Executive Order 18.

© Non-salaried citizen members of all policy, supervisory, and advisory boards, commissions, and councils in the executive branch of state government, other than the Commonwealth Transportation Board, members of the Board of Trustees of the Virginia Retirement System, and the Virginia Lottery Board

January 1 December 31 February 1

SAMPLE FORMS - STATE OFFICERS AND EMPLOYEES

You may not sign, date, or submit your disclosure form for your regular annual filing prior to January 1.

The following local officials are required to file the State and Local Statement of Economic Interests per § 2.2- 3115:

o Members of the Board of Supervisors

o Members of the City Council

o Members of the Town Council, if the town has a population exceeding 3,500

o Executive director and members of Industrial Development Authorities and Economic Development

Authorities

o Members of the school board

o Persons holding positions of trust appointed or employed by the governing body if the governing body_ has 12.assed an ordinance reguiring them to file

o Persons holding positions of trust appointed or employed by school board if the school board has

ado12.ted a 12.olicy_ reguiring them to file o Members of the governing body of any entity established in a county or city with the power to issue

bonds or expend funds in excess of $10,000 in any fiscal year if the governing body_ of the a{2P-,Ointing jurisdiction has reguired them to submit this form

The following local officials are required to file the Financial Disclosure Statement per§ 2.2-3115:

o Members of the governing body of any authority established in any county or city, or part or

combination thereof, and having the power to issue bonds or expend funds in excess of $10,000 in

any fiscal year unless reguired to file the Statement of Economic Interests by_ the governing body_ of the a{2P-,Ointingjurisdiction.

o Members of the Northern Virginia Transportation Authority and the Northern Virginia Transportation

Commission.

o Nonsalaried citizen members of local boards, commissions, and councils if the governing body_ has designated them to file.

The following local officials are required to file the Real Estate Disclosure per § 2.2-3115 (G):

o Planning commission members

o Members of board of zoning appeals

o Real estate assessors

o County, city, or town managers

o Executive officers

0 Activity Begin Date

January 1

0 Activity End Date

December 31

MDisclosure Due

February 1

These forms should be used to file as a condition to assuming office or employment and for the regular annual filing requirement. A filing using the previous version of the forms is not valid and does not satisfy your filing requirement.

LOCAL CLERK INFORMATION

o Local Clerk FAQs (Local%20Clerks FAQs.pdf)

FORMS*

o State and Local Statement of Economic Interests (SLSOEI_Fillable_FINAL_July2022.pdf)

Tracy Highlight

© Members of the governing body of any entity established in a county or city with the power to issue bonds or expend funds in excess of $10,000 in any fiscal year if the governing body of the appointing Jurisdiction has required them to submit this form

The following local officials are required to file the Financial Disclosure Statement per § 2.2-3115:

any fiscal year unless required to file the Statement of Economic Interests by the governing body of

the appointing jurisdiction. © Members of the Northern Virginia Transportation Authority and the Northern Virginia Transportation Commission © Nonsalaried citizen members of local boards, commissions, and councils if the governing body has designated them to file.

The following local officials are required to file the Real Estate Disclosure per § 2.2-3115 (G):

Planning commission members Members of board of zoning appeals Real estate assessors

County, city, or town managers

January 1 December 31 February 1

LOCAL CLERK INFORMATION © Local Clerk FAQs (Local%20Clerks FAQs.pdf) FORMS*

o Financial Disclosure Statement (2017 2.0 FDS FINAL - 1.pdf)

o Disclosure of Real Estate Holdings

(Disclosure of Real Estate Holdings.pdf) *The forms above are the official forms formally approved by

the Council.

GUIDES TO COMPLETING FORMS

o Guide to Completing the State and Local Statement of Economic Interests (2.0 SLSOEI Guide-1.pdf)

o State and Local Statement of Economic Interests FAQs (SOEI FAQs.pdf)

o Guide to Completing the Financial Disclosure Statement (2.0 FDS Guide-1.pdf)

o Financial Disclosure Statement FAQs (FDS%20FAQs.pdf)

o Guide to Completing the Disclosure of Real Estate Holdings (2.0 Disclosure of Real Estate Guide.pdf)

Designed and developed by the Division of Legislative Automated Systems (http://dlas.virginia.gov/).

(Disclosure of Real Estate Holdings.pdf)*The forms above are the official forms formally approved by the Council.

GUIDES TO COMPLETING FORMS

Guide to Completing the State and Local Statement of Economic Interests (2.0 SLSOEI Guide-1.pdf) State and Local Statement of Economic Interests FAQs (SOE! FAQs.pdf)

Guide to Completing the Financial Disclosure Statement (2.0 FDS Guide-1 pdf)

Financial Disclosure Statement FAQs (FDS%20FAQs.pdf)

Guide to Completing the Disclosure of Real Estate Holdings (2.0 Disclosure of Real Estate Guide.pdf)

Sine,

raw

Russell County BOS

VDOT Update
January 3, 2023

Board Action Requests

VDOT is not seeking any Board action this month in the form of a resolution.

The Residency intends to publish the Notice of Public hearing for discontinuance on Route 871 in January,

unless the Board would prefer abandonment.

Maintenance Activities

Maintenance crews are actively involved in a variety of activities including:

Brush cutting was completed on segment(s) of Route 614, 615, 634, 640 and 641.

Maintenance work (spreading gravel, blading) was conducted on routes 606, 609, 621, 622, 262, 636,

671, 678 and 722.

Shoulder / slope repairs were completed on Routes 71, 611, 640, 641 and 674.

Trees / tree debris was removed from Routes 608 and 683.

Pothole patching was completed on Routes 611 and 668.

Ditching was completed on segments of Routes 82, 622 and 631.

Pipes were cleared on Routes 611, 615 and 1050.

Slope repairs were completed on Routes 609 and 834.

Maintenance Activities Planned

 Slope stabilization on Routes 600 and 712

 Culvert replacement & associated ditching on Route 730 (Requires permit)

 Boom ax work along Route 661

 Slide repair on Routes 622 and 624.

 Sinkhole repair on Route 19

 Installation of sand barrels between guardrail and signal pole at the Wal-Mart entrance Route 19

intersection; need to coordinate with guardrail repair.

 Pothole (hand) patching will continue as weather and other workload requirements allow.

Tracy Highlight

Maintenance crews are actively involved in a variety of activities including:

Brush cutting was completed on segment(s) of Route 614, 615, 634, 640 and 641

Maintenance work (spreading gravel, blading) was conducted on routes 606, 609, 621, 622, 262, 636, 671, 678 and 722.

« Shoulder / slope repairs were completed on Routes 71, 611, 640, 641 and 674.

e Trees / tree debris was removed from Routes 608 and 683. Pothole patching was completed on Routes 611 and 668.

Ditching was completed on segments of Routes 82, 622 and 631.
Pipes were cleared on Routes 611, 615 and 1050.

Slope repairs were completed on Routes 609 and 834.

Maintenance Act

s Planned

Slope stabilization on Routes 600 and 712
Culvert replacement & associated ditching on Route 730 (Requires permit)
Boom ax work along Route 661
Slide repair on Routes 622 and 624.

Sinkhole repair on Route 19

Installation of sand barrels between guardrail and signal pole at the Wal-Mart entrance Route 19 intersection; need to coordinate with guardrail repair.
Pothole (hand) patching will continue as weather and other workload requirements allow.

Rural Rustic / 6 Year Plan Proiects

Work on Blanch Davis Road (Route 606) has been completed with the exception of paving, which is planned for

the 2023 paving season.

North Cedar Acres is a small project (adding approximately 370 feet) of road utilizing residual funding from

previously completed projects and is proposed for completion as weather allows, with paving proposed for the

spring of 2023.

Non — VDOT Projects

Pure Salmon Proiect

No new information to report this month, a recent site visit indicated progress continues on the construction of

the connection to Route 19. The residency understands overhead utility relocation is underway which will final

excavation to be completed to make the connection to Route 19.

Three Rivers Destination Center

No new activity this month on this project.

Miscellaneous

Residency staff stand ready to respond to inquiries and provide explanations but also offer the 1800-FOR-ROAD

call to enter work order requests into VDOT’s tracking system.

Work on Blanch Davis Road (Route 606) has been completed with the exception of paving, which is planned for the 2023 paving season.

North Cedar Acres is a small project (adding approximately 370 feet) of road utilizing residual funding from previously completed projects and is proposed for completion as weather allows, with paving proposed for the spring of 2023.

Non — VDOT Projects

Pure Salmon Proiect

No new information to report this month, a recent site visit indicated progress continues on the construction of the connection to Route 19. The residency understands overhead utility relocation is underway which will final excavation to be completed to make the connection to Route 19.

Three Rivers Destination Center

No new activity this month on this project.

Miscellaneous

Residency staff stand ready to respond to inquiries and provide explanations but also offer the 1800-FOR-ROAD call to enter work order requests into VDOT’s tracking system.

12/14/22, 12:44 PM Russell County Mail - FY2023 Non-Competitive Litter Prevention and Recycling Grant

https://mail.google.com/mail/u/0/?ik=28e834d897&view=pt&search=all&permthid=thread-f%3A1752211088054520764|msg-f%3A1752211088054… 1/1

Lonzo Lester [email protected]

FY2023 Non-Competitive Litter Prevention and Recycling Grant 1 message

[email protected] [email protected] Wed, Dec 14, 2022 at 12:25 PM To: [email protected], [email protected] Cc: [email protected]

Commonwealth of Virginia VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY

1111 E. Main Street, Suite 1400, Richmond, Virginia 23219 P.O. Box 1105, Richmond, Virginia 23218

(800) 592-5482 FAX (804) 698-4178 www.deq.virginia.gov

Acting Secretary of Natural and Historic Resources

Michael S. Rolband, PE, PWD, PWS Emeritus, PE, PWD, PWS Emeritus

Director (804) 698-4020

December 14, 2022

Lonzo Lester County Administrator Russell County 137 Highland Dr Suite A Lebanon, VA 24266

Dear Lonzo Lester:

I am pleased to inform you that a total grant award of $19,456.00 has been approved for the Litter Prevention and Recycling Program activities and the Extended Polystyrene (EPS) campaign for the period of July 1, 2022 to June 30, 2023. DEQ’s calculation of your grant award was based upon the following distribution:

Russell County: Non-Competitive Grant Award: $13,456.00 Town of Cleveland: Non-Competitive Grant Award: $1,595.00 Town of Honaker: Non-Competitive Grant Award: $1,595.00 Town of Lebanon: Non-Competitive Grant Award: $2,810.00

Processing of the grant awards is underway, and a payment for this amount should be received within the next two weeks if funds can be transferred electronically (EDI) or in thirty days if processing by check is required.

If you have any questions or need additional information, please contact Prina Chudasama at [email protected] or at (804) 659-1530.

Sincerely,

Sanjay Thirunagari Programs Manager Division of Land Protection & Revitalization

https://www.deq.virginia.gov/ mailto:[email protected] Tracy Highlight

Tracy Highlight

12/14/22, 12:44 PM Russell County Mail - FY2023 Non-Competitve Litter Prevention and Recycling Grant

M Gmail Lenco Lester naa lasterQrussalecungva.us> [email protected] <[email protected]. gov> Wed, Dec 14, 2022 at 12:25 PM

To: Lonzo [email protected], brian [email protected] Ce: brian [email protected]

Acting Satan faa an Hate Pera ows are (aot) oactoz0

Lonzo Lester County Administrator Russell County

137 Highland Dr Suite A

Lebanon, VA 24266

Dear Lonzo Lester:

sm pleased to inform you that a toal grant award of $19,456.00 has been approved forthe Liter Prevention and Recycling Program activites and the Extended Polystyrene (EPS) campaign for the period of July 1, 2022 to June 30, 2023, DEQ’s calculation of your grant award was based upon the folowing distibution

Processing ofthe grant awards is underway, and a payment for this amount should be received within the next two weeks i funds can be transferred electronically (EDI) or in thity days if processing by check is required

Ifyou have any questions or need additional information, please contact Prina Chudasama at [email protected] or at (B04) 659-1530.

Sincerely,

Sanjay Thirunagari Programs Manager Division of Land Protection & Revitalization

https:/mail google. com/mailu/0/7ik=286834d897 &view=pt8&.search=all&permthid=thread-f%3A1752211088054520764%47Cmsg-f%3A1752211088054… 1/1

SOUTHWEST VIRGINIA REGIONAL JAIL AUTHORITY

SECOND AMENDED SERVICE AGREEMENT

This Second Amended Service Agreement (the “Agreement”) is made as of this

____ day of ___________, 2022, by and among the Southwest Virginia Regional Jail

Authority (the “Authority”) and the counties of Buchanan, Dickenson, Lee, Russell, Scott,

Smyth, Tazewell, Washington and Wise and the Cities of Norton and Bristol, each of which

is a political subdivision of the Commonwealth of Virginia (collectively the “Member

Jurisdictions” and individually, a “Member Jurisdiction”).

RECITALS

WHEREAS, pursuant to Article 3.1, Title 53.1 of the Code of Virginia, the counties

of Buchanan, Dickenson, Lee, Russell, Scott, Smyth, Washington, and Wise and the City

of Norton each adopted resolutions creating the Southwest Virginia Regional Jail Authority

(the “Authority”) for the purpose of financing, acquiring, constructing and equipping

regional jail facilities in the counties of Dickenson, Washington, and Scott (as more

particularly defined below the “Jail Facilities”), and providing for the ongoing operation

and maintenance of the Jail Facilities for the benefit of the Member Jurisdictions; and,

WHEREAS, in order to pay the costs of constructing, equipping, maintaining and

operating the Jail Facilities, the counties of Buchanan, Dickenson, Lee, Russell, Scott,

Smyth, Washington, and Wise and the City of Norton, entered into a Service Agreement

dated February 1, 2003, establishing their financial obligations to the Authority on terms

and conditions set forth in said Agreement; and,

WHEREAS, the Authority and Member Jurisdictions agreed to accept Tazewell

County as a Member Jurisdiction and entered into Amended Service Agreement dated July

1, 2005, reestablishing the financial obligations of the Member Jurisdictions to the

Authority on terms and conditions set forth in said Amended Service Agreement; and,

WHEREAS, City of Bristol desires to become a Member Jurisdiction of the

Authority and share certain costs with the equipping, maintaining, financing, and operating

the Jail Facilities of the Authority; and,

WHEREAS, the Member Jurisdictions agree that City of Bristol will share in the

costs of operation of the Jail Facilities as well as the debt service on the bonds or revenue

notes used to finance the construction of said Jail Facilities and renovations to the same

based on the number of beds occupied by prisoners or inmates committed to the Sheriff of

City of Bristol and housed at said Jail Facilities; and,

Tracy Highlight

This Second Amended Service Agreement (the “Agreement”) is made as of this day of , 2022, by and among the Southwest Virginia Regional Jail Authority (the “Authority”) and the counties of Buchanan, Dickenson, Lee, Russell, Scott, Smyth, Tazewell, Washington and Wise and the Cities of Norton and Bristol, each of which is a political subdivision of the Commonwealth of Virginia (collectively the “Member Jurisdictions” and individually, a “Member Jurisdiction”).

RECITALS

WHEREAS, pursuant to Article 3.1, Title 53.1 of the Code of Virginia, the counties of Buchanan, Dickenson, Lee, Russell, Scott, Smyth, Washington, and Wise and the City of Norton each adopted resolutions creating the Southwest Virginia Regional Jail Authority (the “Authority”) for the purpose of financing, acquiring, constructing and equipping regional jail facilities in the counties of Dickenson, Washington, and Scott (as more particularly defined below the “Jail Facilities”), and providing for the ongoing operation and maintenance of the Jail Facilities for the benefit of the Member Jurisdictions; and,

WHEREAS, in order to pay the costs of constructing, equipping, maintaining and operating the Jail Facilities, the counties of Buchanan, Dickenson, Lee, Russell, Scott, Smyth, Washington, and Wise and the City of Norton, entered into a Service Agreement dated February 1, 2003, establishing their financial obligations to the Authority on terms and conditions set forth in said Agreement; and,

WHEREAS, the Authority and Member Jurisdictions agreed to accept Tazewell County as a Member Jurisdiction and entered into Amended Service Agreement dated July 1, 2005, reestablishing the financial obligations of the Member Jurisdictions to the Authority on terms and conditions set forth in said Amended Service Agreement; and,

WHEREAS, City of Bristol desires to become a Member Jurisdiction of the Authority and share certain costs with the equipping, maintaining, financing, and operating the Jail Facilities of the Authority; and,

WHEREAS, the Member Jurisdictions agree that City of Bristol will share in the costs of operation of the Jail Facilities as well as the debt service on the bonds or revenue notes used to finance the construction of said Jail Facilities and renovations to the same based on the number of beds occupied by prisoners or inmates committed to the Sheriff of City of Bristol and housed at said Jail Facilities; and,

WHEREAS, City of Bristol will pay a per diem premium each day for every

prisoner housed by the Authority up to a designated amount in addition to the debt service

charge and Facilities Charge and Facilities Charges described herein to become a Member

Jurisdiction; and,

WHEREAS, the Member Jurisdictions agree herein to pay certain amounts on the

terms set forth in this Agreement to construct, renovate, equip, maintain, and operate the

Jail Facilities of the Authority.

NOW, THEREFORE, in consideration of the foregoing and the mutual covenants

set forth herein, the Authority and each of the Member Jurisdictions hereby agree as

follows:

ARTICLE I

DEFINITIONS

The capitalized terms in this Agreement have the meanings set forth below unless

the context otherwise requires.

“Agreement with Tazewell County” means the lease agreement between the

Authority and Tazewell County to staff, operate, and maintain the Tazewell Jail Facility as

the fourth jail facility of the Authority and the terms and conditions for Tazewell County

to become a Member Jurisdiction.

“Annual Budget” has the meaning given to such term in Section 3.7.

“Applicable Laws” mean all applicable laws, ordinances, judgments, decrees,

injunctions, writs, and orders of any court, arbitrator or governmental agency or authority

and all rules, regulations, orders, interpretations, licenses and permits of any Federal, state,

county, municipal, regional, foreign or other governmental body, instrumentality, agency

or authority.

“Authority” means the Southwest Virginia Regional Jail Authority.

“Authority Default” has the meaning given to such term in Section 8.1.

“Bonds” means revenue bonds and notes issued by the Authority in one or more

series for permanent financing or refinancing of the design, site acquisition, construction,

equipping, financing, preoperational expenses, renovations, additions, and other costs of

the Jail Facilities, including any additional revenue bonds and notes issued by the Authority

for refunding of prior bonds or notes issued by it or for the financing of additional

construction or improvements to the Jail Facilities.

WHEREAS, City of Bristol will pay a per diem premium each day for every prisoner housed by the Authority up to a designated amount in addition to the debt service charge and Facilities Charge and Facilities Charges described herein to become a Member Jurisdiction; and,

WHEREAS, the Member Jurisdictions agree herein to pay certain amounts on the terms set forth in this Agreement to construct, renovate, equip, maintain, and operate the Jail Facilities of the Authority.

NOW, THEREFORE, in consideration of the foregoing and the mutual covenants set forth herein, the Authority and each of the Member Jurisdictions hereby agree as follows:

ARTICLE IT DEFINITIONS

The capitalized terms in this Agreement have the meanings set forth below unless the context otherwise requires.

“Agreement with Tazewell County” means the lease agreement between the Authority and Tazewell County to staff, operate, and maintain the Tazewell Jail Facility as the fourth jail facility of the Authority and the terms and conditions for Tazewell County to become a Member Jurisdiction.

“Annual Budget” has the meaning given to such term in Section 3.7.

“Applicable Laws” mean all applicable laws, ordinances, judgments, decrees, injunctions, writs, and orders of any court, arbitrator or governmental agency or authority and all rules, regulations, orders, interpretations, licenses and permits of any Federal, state, county, municipal, regional, foreign or other governmental body, instrumentality, agency or authority.

“Authority” means the Southwest Virginia Regional Jail Authority. “Authority Default” has the meaning given to such term in Section 8.1.

“Bonds” means revenue bonds and notes issued by the Authority in one or more series for permanent financing or refinancing of the design, site acquisition, construction, equipping, financing, preoperational expenses, renovations, additions, and other costs of the Jail Facilities, including any additional revenue bonds and notes issued by the Authority for refunding of prior bonds or notes issued by it or for the financing of additional construction or improvements to the Jail Facilities.

“Chief Executive Officer’ means the city manager, county administrator or other

official exercising comparable authority, of each Member Jurisdiction.

“Debt Service Charge” means the charge imposed upon Tazewell County and City

of Bristol as debt service on the bonds or revenue notes used to finance or refinance the

Jail Facilities or renovations and additions to the same in the counties of Dickenson, Scott,

and Washington based upon the number of beds occupied by prisoners committed to the

Sheriff of Tazewell County and the Sheriff of the City of Bristol and housed at the Jail

Facilities.

“Debt Service Reserve Fund” means the reserve fund established in Section 4.3.

“Expenses” mean all expenses which may reasonably be determined by the

Authority to be attributable directly or indirectly to the ownership or operation of the Jail

Facilities and payable as operating expenses in accordance with generally accepted

accounting principles and state law and shall also include debt service payments on the

Bonds and other indebtedness of the Authority and other capital costs, required payments

to the Operating Reserve Fund, required payments to the Debt Service Reserve Fund

established in connection with the Bonds and other reasonable or necessary payments

required to comply with covenants imposed by the Indenture and other documents under

which Bonds are issued.

“Facilities Charge” and “Facilities Charges” means the amounts payable by the

Member Jurisdictions as determined in accordance with the provisions of Section

4.l(a)(2).

“Facilities Charge Percentages” has the meaning given such term in Section 4.1

(a)(2)(ii).

“Fiscal Year” means the annual accounting period from July 1 of one year to June

30 of the following year.

“Indenture” means the indenture of trust or trust agreement, as the same may be

supplemented or amended from time to time, under which the Bonds are issued by the

Authority.

“Jail Facility” means any of the jails operated by the Authority referred to herein

as either Jail Facilities or Tazewell Jail Facility.

“Jail Facilities” means the three (3) separate regional jail facilities acquired,

constructed, renovated, and equipped by and for the use of the Authority, from monies

provided from proceeds of the Bonds and located in the Counties of Dickenson,

“Chief Executive Officer’ means the city manager, county administrator or other official exercising comparable authority, of each Member Jurisdiction.

“Debt Service Charge” means the charge imposed upon Tazewell County and City of Bristol as debt service on the bonds or revenue notes used to finance or refinance the Jail Facilities or renovations and additions to the same in the counties of Dickenson, Scott, and Washington based upon the number of beds occupied by prisoners committed to the Sheriff of Tazewell County and the Sheriff of the City of Bristol and housed at the Jail Facilities.

“Debt Service Reserve Fund” means the reserve fund established in Section 4.3.

“Expenses” mean all expenses which may reasonably be determined by the Authority to be attributable directly or indirectly to the ownership or operation of the Jail Facilities and payable as operating expenses in accordance with generally accepted accounting principles and state law and shall also include debt service payments on the Bonds and other indebtedness of the Authority and other capital costs, required payments to the Operating Reserve Fund, required payments to the Debt Service Reserve Fund established in connection with the Bonds and other reasonable or necessary payments required to comply with covenants imposed by the Indenture and other documents under which Bonds are issued.

“Facilities Charge” and “Facilities Charges” means the amounts payable by the Member Jurisdictions as determined in accordance with the provisions of Section

4.a)(2).

“Faci

(ay(2)Gi).

ies Charge Percentages” has the meaning given such term in Section 4.1

“Fiscal Year” means the annual accounting period from July 1 of one year to June 30 of the following year.

“Indenture” means the indenture of trust or trust agreement, as the same may be supplemented or amended from time to time, under which the Bonds are issued by the Authority.

“Jail Facility” means any of the jails operated by the Authority referred to herein as either Jail Facilities or Tazewell Jail Facility.

” means the three (3) separate regional jail facilities acquired, constructed, renovated, and equipped by and for the use of the Authority, from monies provided from proceeds of the Bonds and located in the Counties of Dickenson,

Washington, and Scott, together with any additions or improvements thereto.

“Member Jurisdictions” means the Counties of Buchanan, Dickenson, Lee, Russell,

Scott, Smyth, Tazewell, Washington, and Wise and the Cities of Norton and Bristol, each

a political subdivision of the Commonwealth of Virginia, and such other political

subdivision or subdivisions joining the Authority as provided in Section 5.7 but excluding

any political subdivisions that may have withdrawn from the Authority as provided in

Section 5.8.

“Member Jurisdiction” means any of the Counties of Buchanan, Dickenson, Lee,

Russell, Scott, Smyth, Tazewell, Washington, and Wise and the Cities of Norton and

Bristol.

“Member Jurisdiction Default” has the meaning given to such term in Section 8.2.

“Net Expenses” means Expenses reduced by an amount equal to revenue received

from (i) Non-Member Jurisdictions: (ii) Expenses of the Authority reimbursed by the

Commonwealth of Virginia; and (iii) all other non-member revenue.

“Non-Member Jurisdictions” means political subdivisions or agencies thereof,

including but not limited to, the federal government and the District of Columbia, which

utilize the Jail Facilities.

“Non-Member Per Diem Rate” means the daily charge to Non-Member Jurisdictions

for each Prisoner as determined from time to time by the Authority, unless specified by

contract with the Authority, which initially shall be a rate not less than 150% of the Per

Diem Rate.

“Notes” means bond anticipation notes issued by the Authority in November, 2001

and June, 2002.

“Operating Reserve Fund” means the reserve fund established in Section 4.3.

“Per Diem Premium” means the charge imposed upon City of Bristol for admission

or joinder to the Authority as a Member Jurisdiction.

“Per Diem Rate” means a uniform daily charge equal to Net Expenses divided by

the total number of beds used by Member Jurisdictions in the preceding Fiscal Year divided

by 365 or 366 days, as the case may be; provided, however, for purposes of computing the

Per Diem Rate prior to the Fiscal Year that begins on July 1, 2006, Net Expenses shall be

divided by the estimated number of beds Member Jurisdictions are expected to use in the

then current Fiscal Year divided by the estimated number of days the Jail Facilities are to

be available for use in such Fiscal Year.

Washington, and Scott, together with any additions or improvements thereto.

“Member Jurisdictions” means the Counties of Buchanan, Dickenson, Lee, Russell, Scott, Smyth, Tazewell, Washington, and Wise and the Cities of Norton and Bristol, each a political subdivision of the Commonwealth of Virginia, and such other political subdivision or subdivisions joining the Authority as provided in Section 5.7 but excluding any political subdivisions that may have withdrawn from the Authority as provided in Section 5.8.

“Member Jurisdiction” means any of the Counties of Buchanan, Dickenson, Lee, Russell, Scott, Smyth, Tazewell, Washington, and Wise and the Cities of Norton and Bristol.

“Member Jurisdiction Default” has the meaning given to such term in Section 8.2.

“Net Expenses” means Expenses reduced by an amount equal to revenue received from (i) Non-Member Jurisdictions: (ii) Expenses of the Authority reimbursed by the Commonwealth of Virginia; and (iii) all other non-member revenue.

“Non-Member Jurisdictions” means political subdivisions or agencies thereof, including but not limited to, the federal government and the District of Columbia, which utilize the Jail Facilities.

“Non-Member Per Diem Rate” means the daily charge to Non-Member Jurisdictions for each Prisoner as determined from time to time by the Authority, unless specified by contract with the Authority, which initially shall be a rate not less than 150% of the Per Diem Rate.

“Notes” means bond anticipation notes issued by the Authority in November, 2001 and June, 2002.

“Operating Reserve Fund” means the reserve fund established in Section 4.3.

“Per Diem Premium” means the charge imposed upon City of Bristol for admission or joinder to the Authority as a Member Jurisdiction.

“Per Diem Rate” means a uniform daily charge equal to Net Expenses divided by the total number of beds used by Member Jurisdictions in the preceding Fiscal Year divided by 365 or 366 days, as the case may be; provided, however, for purposes of computing the Per Diem Rate prior to the Fiscal Year that begins on July 1, 2006, Net Expenses shalll be divided by the estimated number of beds Member Jurisdictions are expected to use in the then current Fiscal Year divided by the estimated number of days the Jail Facilities are to be available for use in such Fiscal Year.

“Placed in Service” means the first day on which the Jail Facilities have been

certified by the appropriate authority of the Commonwealth to accept Prisoners.

“Planning Study” means the feasibility study and conceptual design for the Jail

Facilities prepared by Thompson & Litton, Engineers.

“Prisoner(s)” has the meaning given to such term in Section 3.1.

“Tazewell County” means Tazewell County, Virginia, a political subdivision of the

Commonwealth, the tenth Member Jurisdiction of the Authority who did not participate in

the issuance of the bonds or revenue notes used to finance the Jail Facilities in the Counties

of Dickenson, Scott, and Washington.

“City of Bristol” means City of Bristol, Virginia, a political subdivision of the

Commonwealth, the eleventh Member Jurisdiction of the Authority who did not participate

in the issuance of the bonds or revenue notes used to finance the Jail Facilities or the

renovations or additions to the same in the Counties of Dickenson, Scott, and Washington.

“Tazewell Jail Facility” means the jail facility located at the Courthouse in Tazewell,

Virginia which was not acquired, constructed, or equipped from monies provided from

proceeds of the Bonds described herein used to construct the Jail Facilities.

ARTICLE II

CONSTRUCTION AND FINANCING

Section 2.1 Construction of Jail.

The Authority agrees to construct and equip the Jail Facilities substantially in

accordance with the Planning Study.

Section 2.2 Permits.

The Authority will construct the Jail Facilities in accordance with the requirements

of all Applicable Laws and the rules and regulations of the Virginia Board of Corrections.

The Member Jurisdictions agree to provide reasonable assistance to the Authority in

complying with any such requirements, and will provide the Authority with any and all

information that may be necessary in this regard.

“Placed in Service” means the first day on which the Jail Facilities have been certified by the appropriate authority of the Commonwealth to accept Prisoners.

“Planning Study” means the feasibility study and conceptual design for the Jail Facilities prepared by Thompson & Litton, Engineers.

“Prisoner(s)” has the meaning given to such term in Section 3.1.

“Tazewell County” means Tazewell County, Virginia, a political subdivision of the Commonwealth, the tenth Member Jurisdiction of the Authority who did not participate in the issuance of the bonds or revenue notes used to finance the Jail Facilities in the Counties of Dickenson, Scott, and Washington.

“City of Bristol” means City of Bristol, Virginia, a political subdivision of the Commonwealth, the eleventh Member Jurisdiction of the Authority who did not participate in the issuance of the bonds or revenue notes used to finance the Jail Facilities or the renovations or additions to the same in the Counties of Dickenson, Scott, and Washington.

‘azewell Jail Facility” means the jail facility located at the Courthouse in Tazewell, Virginia which was not acquired, constructed, or equipped from monies provided from proceeds of the Bonds described herein used to construct the Jail Facilities.

ARTICLE I

CONSTRUCTION AND FINANCING

Section 2.1 Construction of Jail.

The Authority agrees to construct and equip the Jail Facilities substantially in accordance with the Planning Study.

Section 2.2 Per

The Authority will construct the Jail Facilities in accordance with the requirements of all Applicable Laws and the rules and regulations of the Virginia Board of Corrections. The Member Jurisdictions agree to provide reasonable assistance to the Authority in complying with any such requirements, and will provide the Authority with any and all information that may be necessary in this regard.

Section 2.3 Jail Facilities: Agreement to Finance.

The eligible construction cost of the Jail Facilities totaled approximately

$74,446,751. One-half of the eligible construction costs estimated at $37, 223,376 was

reimbursed by the Commonwealth of Virginia upon completion of construction. The

Authority financed the cost of constructing and equipping the Jail Facilities, including but

not limited to the costs of issuance and related expenses associated with such financing,

through the issuance of the Bonds. In addition, the Authority issued the Notes to finance

certain preliminary costs on an interim basis which were not repaid with a portion of the

proceeds of the Bonds. The Member Jurisdictions each agree that the Bonds will be secured

by, among other things, the payments made pursuant to this Agreement and that the

Authority will be issuing the Bonds in reliance on the representations and obligations of

each of the Member Jurisdictions set forth in this Agreement. To become a Member

Jurisdiction, Tazewell County paid a per diem premium for a period of ten (10) years and

allowed the Authority to assume control, staff, operate, and maintain the Tazewell Jail

Facility as the fourth Jail Facility of the Authority. Furthermore, Tazewell County entered

into an Agreement to sublease that portion of the Tazewell County Courthouse utilized as

the Tazewell County Jail for the Authority to equip, operate, and maintain the same as the

fourth Jail Facility of the Authority under such terms and conditions as may be deemed

appropriate by the Authority.

The Authority in 2013 refinanced the 2003 Bonds and financed a portion of the

construction and improvements or additions to the Jail Facilities in Dickenson,

Washington, and Scott Counties through the Virginia Resources Authority with the

remaining financing of the improvements to said Jail Facilities through the issuance of a

grant revenue anticipation note. The Authority also refinanced the outstanding debt in

With the additions and improvements to the named Jail Facilities, City of Bristol

requested to become a Member Jurisdiction of the Authority and share in the cost of

constructing, financing, equipping, and operating the Jail Facilities of the Authority. To

become a Member Jurisdiction, City of Bristol shall pay the per diem premium described

below in Section 4.7 in addition to all other payments and obligations pursuant to this

Second Amended Service Agreement.

ARTICLE III

PROVISIONS OF SERVICE, OPERATION, AND MAINTENANCE

Section 3.1 Acceptance of Prisoners.

(a) Immediately after the Jail Facilities and Tazewell Jail Facility are Placed in

Service, the Authority will accept Prisoners from each of the Member Jurisdictions (and to

the extent space is available, from Non-Member Jurisdictions) who have been (i) duly

Section 2.3 Jail Facilities: Agreement to Finance.

The eligible construction cost of the Jail Facilities totaled approximately $74,446,751. One-half of the eligible construction costs estimated at $37, 223,376 was reimbursed by the Commonwealth of Virginia upon completion of construction. The Authority financed the cost of constructing and equipping the Jail Facilities, including but not limited to the costs of issuance and related expenses associated with such financing, through the issuance of the Bonds. In addition, the Authority issued the Notes to finance certain preliminary c on an interim basis which were not repaid with a portion of the proceeds of the Bonds. The Member Jurisdictions each agree that the Bonds will be secured by, among other things, the payments made pursuant to this Agreement and that the Authority will be issuing the Bonds in reliance on the representations and obligations of each of the Member Jurisdictions set forth in this Agreement. To become a Member Jurisdiction, Tazewell County paid a per diem premium for a period of ten (10) years and allowed the Authority to assume control, staff, operate, and maintain the Tazewell Jail Facility as the fourth Jail Facility of the Authority. Furthermore, Tazewell County entered into an Agreement to sublease that portion of the Tazewell County Courthouse utilized as the Tazewell County Jail for the Authority to equip, operate, and maintain the same as the fourth Jail Facility of the Authority under such terms and conditions as may be deemed appropriate by the Authority.

The Authority in 2013 refinanced the 2003 Bonds and financed a portion of the construction and improvements or additions to the Jail Facilities in Dickenson, Washington, and Scott Counties through the Virginia Resources Authority with the remaining financing of the improvements to said Jail Facilities through the issuance of a grant revenue anticipation note. The Authority also refinanced the outstanding debt in 2020. With the additions and improvements to the named Jail Facilities, City of Bristol requested to become a Member Jurisdiction of the Authority and share in the cost of constructing, financing, equipping, and operating the Jail Facilities of the Authority. To become a Member Jurisdiction, City of Bristol shall pay the per diem premium described below in Section 4.7 in addition to all other payments and obligations pursuant to this Second Amended Service Agreement.

ARTICLE II

PROVISIONS OF SERVICE, OPERATION, AND MAINTENANCE

Section 3.1 Acceptance of Prisoners.

(a) Immediately after the Jail Facilities and Tazewell Jail Facility are Placed in Service, the Authority will accept Prisoners from each of the Member Jurisdictions (and to the extent space is available, from Non-Member Jurisdictions) who have been (i) duly

arrested for committing a criminal offense and held over pending trial; or (ii) duly

convicted of committing a criminal offense and sentenced to a term of incarceration by a

court having proper jurisdiction (the “Prisoners”). In the event the Jail Facilities and

Tazewell Jail Facility are at capacity with Prisoners, the Authority shall continue to accept

all Prisoners committed to it by a Member Jurisdiction and shall be responsible for

arranging incarceration of such Prisoners, for transportation thereof and for all costs

associated therewith.

(b) The Authority shall exercise its best efforts to keep the Jail Facilities and

Tazewell Jail Facility full of Prisoners at all times. Prisoners of Member Jurisdictions shall

be given a preference over those of Non-Member Jurisdictions; however, to the extent

space is available, the Authority will endeavor to accept Prisoners from Non-Member

Jurisdictions. The Authority shall attempt to place Member Jurisdiction Prisoners in the

closest of the Jail Facilities and the Tazewell Jail Facility to such Member Jurisdiction. If

a Non-Member Jurisdiction’s Prisoner prevents placement in the closest of the Jail

Facilities or Tazewell Jail Facility to such Member Jurisdiction, such Non-Member

Jurisdiction’s Prisoner shall be transferred to another of the Jail Facilities or Tazewell Jail

Facility operated by the Authority, if space is available, to allow space for the Member

Jurisdiction Prisoner at the closest of the Jail Facilities or Tazewell Jail Facility to such

Member Jurisdiction. Non-Member Jurisdictions shall be responsible for all costs

associated with such transportation unless otherwise provided for by contract with the

Authority. Further, to the extent a Member Jurisdiction Prisoner is placed in one of the Jail

Facilities or Tazewell Jail Facility that is not the closest to the Member Jurisdiction, then

at such time as space is available in the closest of the Jail Facilities or Tazewell Jail Facility,

the Authority agrees to transport the Member Jurisdiction Prisoner to such closest Jail

Facility unless said Member Jurisdiction Prisoner is placed in a certain Jail Facility for a

specific purpose other than lack of available space at the closest Jail Facility. The Authority

is responsible for all costs associated with transportation of said Member Jurisdiction

Prisoner.

Section 3.2 Commitment of Prisoners.

(a) After the Jail Facilities are Placed in Service and until final Payment of the

Bonds, each Member Jurisdiction agrees, to the extent permitted by law: (1) to be obligated

to commit promptly all of its Prisoners to the custody of the Authority and (2) to refuse to

pay for the incarceration of any Prisoner committed to the custody of its Sheriff that is

incarcerated in any facility other than the Jail Facilities or Tazewell Jail Facility of the

Authority unless in the case of either: (i) commitment of any such Prisoner to a facility

other than the Jail Facilities or Tazewell Jail Facility is ordered by a court of competent

jurisdiction; (ii) a court of competent jurisdiction orders the Member Jurisdiction to make

such a payment; or (iii) the Authority, in breach of this Agreement, refuses to accept any

such Prisoner. The Member Jurisdiction shall have the right to seek reimbursement of its

costs for the incarceration of any such Prisoner from the Authority, if the Authority

arrested for committing a criminal offense and held over pending trial; or (ii) duly convicted of committing a criminal offense and sentenced to a term of incarceration by a court having proper jurisdiction (the “Prisoners”). In the event the Jail Facilities and Tazewell Jail Facility are at capacity with Prisoners, the Authority shall continue to accept all Prisoners committed to it by a Member Jurisdiction and shall be responsible for arranging incarceration of such Prisoners, for transportation thereof and for all costs associated therewith.

(b) The Authority shall exercise its best efforts to keep the Jail Facilities and Tazewell Jail Facility full of Prisoners at all times. Prisoners of Member Jurisdictions shall be given a preference over those of Non-Member Jurisdictions; however, to the extent space is available, the Authority will endeavor to accept Prisoners from Non-Member Jurisdictions. The Authority shall attempt to place Member Jurisdiction Prisoners in the closest of the Jail Facilities and the Tazewell Jail Facility to such Member Jurisdiction. If a Non-Member Jurisdiction’s Prisoner prevents placement in the closest of the Jail Facilities or Tazewell Jail Facility to such Member Jurisdiction, such Non-Member Jurisdiction’s Prisoner shall be transferred to another of the Jail Facilities or Tazewell Jail Facility operated by the Authority, if space is available, to allow space for the Member Jurisdiction Prisoner at the closest of the Jail Facilities or Tazewell Jail Facility to such Member Jurisdiction. Non-Member Jurisdictions shall be responsible for all costs associated with such transportation unless otherwise provided for by contract with the Authority. Further, to the extent a Member Jurisdiction Prisoner is placed in one of the Jail Facilities or Tazewell Jail Facility that is not the closest to the Member Jurisdiction, then at such time as space is available in the closest of the Jail Facilities or Tazewell Jail Facility, the Authority agrees to transport the Member Jurisdiction Prisoner to such closest Jail Facility unless said Member Jurisdiction Prisoner is placed in a certain Jail Facility for a specific purpose other than lack of available space at the closest Jail Facility. The Authority is responsible for all costs associated with transportation of said Member Jurisdiction Prisoner.

Section 3.2 Commitment of Prisoners.

(a) After the Jail Facilities are Placed in Service and until final Payment of the Bonds, each Member Jurisdiction agrees, to the extent permitted by law: (1) to be obligated to commit promptly all of its Prisoners to the custody of the Authority and (2) to refuse to pay for the incarceration of any Prisoner committed to the custody of its Sheriff that is incarcerated in any facility other than the Jail Facilities or Tazewell Jail Facility of the Authority unless in the case of either: (i) commitment of any such Prisoner to a facility other than the Jail Facilities or Tazewell Jail Facility is ordered by a court of competent jurisdiction; (ii) a court of competent jurisdiction orders the Member Jurisdiction to make such a payment; or (iii) the Authority, in breach of this Agreement, refuses to accept any such Prisoner. The Member Jurisdiction shall have the right to seek reimbursement of its costs for the incarceration of any such Prisoner from the Authority, if the Authority

unjustifiably refuses to accept any such Prisoner.

(b) Upon the Jail Facilities and Tazewell Jail Facility being Placed in Service, each

Member Jurisdiction, to the extent permitted by law, agrees that it shall cease to use its

existing jail facilities except for use as temporary holding cells prior to commitment of

Prisoners to the custody of the Authority.

feasibility of utilizing its existing local jail facilities or in the demolition or conversion to

other use of such existing local jail facilities.

Section 3.3 Transportation of Prisoners.

Unless the Member Jurisdictions and the Authority agree otherwise, the Authority

shall be responsible for the transportation of Prisoners from such Member Jurisdiction to

the appropriate Jail Facility or Tazewell Jail Facility for processing and for all costs,

expenses, and security relating to such Prisoners during transportation. The Authority

agrees to provide transportation of such Prisoners to and from any and all court appearances

and shall remain with and maintain responsibility for such Prisoners while such Prisoners

await court appearance, unless otherwise agreed by the parties.

Section 3.4 Operation and Maintenance.

The Authority will acquire, design, construct, equip, finance, operate, and maintain

the Jail Facilities or Tazewell Jail Facility in accordance with the rules and regulations of

the Virginia Board of Corrections and all other Applicable Laws. The Authority shall be

an equal opportunity employer.

Section 3.5 Insurance.

The Authority will maintain hazard, liability, or such other insurance as may be

required by Applicable Law or which the Authority may deem advisable to protect the

interest of the Authority and its Member Jurisdictions. Any such insurance policies shall

include the Member Jurisdictions as additional insureds thereunder to the extent of their

respective interest. Additionally, the Authority shall obtain surety or fiduciary bonds on

Authority employees who have access to Authority funds, bank accounts, deposits or

receivables.

Section 3.6 Annual Report.

Within 30 days of the end of each of the Fiscal Year quarters, the Authority will

provide each Member Jurisdiction with a statement of revenues and expenditures of the

Authority for the preceding quarter, including data on the utilization of the Jail Facilities

unjustifiably refuses to accept any such Prisoner.

(b) Upon the Jail Facilities and Tazewell Jail Facility being Placed in Service, each Member Jurisdiction, to the extent permitted by law, agrees that it shall cease to use its existing jail facilities except for use as temporary holding cells prior to commitment of Prisoners to the custody of the Authority.

© The Authority agrees to assist the Member Jurisdictions in evaluating the feasibility of utilizing its existing local jail facilities or in the demolition or conversion to other use of such existing local jail facilities.

Section 3.3 Transportation of Prisoners.

Unless the Member Jurisdictions and the Authority agree otherwise, the Authority shall be responsible for the transportation of Prisoners from such Member Jurisdiction to the appropriate Jail Facility or Tazewell Jail Facility for processing and for all costs, expenses, and security relating to such Prisoners during transportation. The Authority agrees to provide transportation of such Prisoners to and from any and all court appearances and shall remain with and maintain responsibility for such Prisoners while such Prisoners await court appearance, unless otherwise agreed by the parties.

Section 3.4 Operation and Maintenance.

The Authority will acquire, design, construct, equip, finance, operate, and maintain the Jail Facilities or Tazewell Jail Facility in accordance with the rules and regulations of the Virginia Board of Corrections and all other Applicable Laws. The Authority shall be an equal opportunity employer.

Section 3.5 Insurance.

The Authority will maintain hazard, liability, or such other insurance as may be required by Applicable Law or which the Authority may deem advisable to protect the interest of the Authority and its Member Jurisdictions. Any such insurance policies shall include the Member Jurisdictions as additional insureds thereunder to the extent of their respective interest. Additionally, the Authority shall obtain surety or fiduciary bonds on Authority employees who have access to Authority funds, bank accounts, deposits or receivables.

Section 3.6 Annual Report.

Within 30 days of the end of each of the Fiscal Year quarters, the Authority will provide each Member Jurisdiction with a statement of revenues and expenditures of the Authority for the preceding quarter, including data on the utilization of the Jail Facilities

and Tazewell Jail Facility by the Member Jurisdictions and other users of the Jail Facilities.

The Authority will cause an annual audit to be performed and completed by October 31 of

each year for the immediately preceding Fiscal Year by an independent certified public

accountant. The final report shall include an estimate of the Fiscal Year-end adjustments

to be paid by or credited to each Member Jurisdiction in the following Fiscal Year pursuant

to Section 4.1 (a)(4) to reflect actual utilization of the Jail Facilities and Tazewell Jail

Facility. A copy of the auditor’s report will be delivered to the Chief Executive Officer of

each Member Jurisdiction promptly upon completion.

Section 3.7 Annual Budget.

The Authority shall provide to each Member Jurisdiction on or before each January

31st of each calendar year, the Authority’s preliminary Annual Budget for the next Fiscal

Year and on or before April 30 of each calendar year its final Annual Budget for the next

Fiscal Year. Such Annual Budget shall set forth the Facilities Charge Percentage for each

Member Jurisdiction, the projected number of Prisoners from each Member Jurisdiction,

as well as any payment adjustments that are due to be paid or credited pursuant to Section

4.l(a)(4). The Authority agrees to set, and revise as needed, the Facilities Charges sufficient

to generate revenue adequate to pay Net Expenses. Within ten (10) days of any revision to

the Facilities Charge, the Authority shall notify each Member Jurisdiction of such revision.

The Authority shall promptly provide copies of any amendments to its Annual Budget to

each Member Jurisdiction.

Each Member Jurisdiction hereby directs its Chief Executive Officer to include in

each annual budget submitted to the governing body of his or her jurisdiction or in an

amendment thereto, sufficient funds to cover the payment of the Facilities Charge assessed

by the Authority in each Fiscal Year including any subsequent revisions thereto during the

course of such year. Each Member Jurisdiction hereby directs its Chief Executive Officer

to notify the Authority (i) by July 1 of each year, of the amount so budgeted by the Member

Jurisdiction and (ii) at any time, of any amendments to the amount so budgeted by the

Member Jurisdiction.

To assist the Member Jurisdictions in estimating their obligations to the Authority,

the Authority will develop a policy, which it may amend from time to time, for forecasting

its revenues and expenditures over future periods of up to five (5) years beyond the then

current Fiscal Year. The forecast will be revised annually and distributed to the Member

Jurisdictions during the budget setting process.

Section 3.8 Books and Records; Fiscal Agent.

The Authority will maintain proper books of record and account in which proper

entries shall be made in accordance with generally accepted accounting principles for

governmental bodies, consistently applied, of all of its business and affairs related to the

and Tazewell Jail Facility by the Member Jurisdictions and other users of the Jail Facilities. The Authority will cause an annual audit to be performed and completed by October 31 of each year for the immediately preceding Fiscal Year by an independent certified public accountant. The final report shall include an estimate of the Fiscal Year-end adjustments to be paid by or credited to each Member Jurisdiction in the following Fiscal Year pursuant to Section 4.1 (a)(4) to reflect actual utilization of the Jail Facilities and Tazewell Jail Facility. A copy of the auditor’s report will be delivered to the Chief Executive Officer of each Member Jurisdiction promptly upon completion.

Section 3.7 Annual Budget.

The Authority shall provide to each Member Jurisdiction on or before each January 31st of each calendar year, the Authority’s preliminary Annual Budget for the next Fiscal Year and on or before April 30 of each calendar year its final Annual Budget for the next Fiscal Year. Such Annual Budget shall set forth the Facilities Charge Percentage for each Member Jurisdiction, the projected number of Prisoners from each Member Jurisdiction, as well as any payment adjustments that are due to be paid or credited pursuant to Section 4.1(a)(4). The Authority agrees to set, and revise as needed, the Facilities Charges sufficient to generate revenue adequate to pay Net Expenses. Within ten (10) days of any revision to the Facilities Charge, the Authority shall notify each Member Jurisdiction of such revision. The Authority shall promptly provide copies of any amendments to its Annual Budget to each Member Jurisdiction.

Each Member Jurisdiction hereby directs its Chief Executive Officer to include in each annual budget submitted to the governing body of his or her jurisdiction or in an amendment thereto, sufficient funds to cover the payment of the Facilities Charge assessed by the Authority in each Fiscal Year including any subsequent revisions thereto during the course of such year. Each Member Jurisdiction hereby directs its Chief Executive Officer to notify the Authority (i) by July 1 of each year, of the amount so budgeted by the Member Jurisdiction and (ii) at any time, of any amendments to the amount so budgeted by the Member Jurisdiction.

To assist the Member Jurisdictions in estimating their obligations to the Authority, the Authority will develop a policy, which it may amend from time to time, for forecasting its revenues and expenditures over future periods of up to five (5) years beyond the then current Fiscal Year. The forecast will be revised annually and distributed to the Member Jurisdictions during the budget setting process.

Section 3.8 Books and Records; Fiscal Agent.

The Authority will maintain proper books of record and account in which proper entries shall be made in accordance with generally accepted accounting principles for governmental bodies, consistently applied, of all of its business and affairs related to the

Jail Facilities and Tazewell Jail Facility. The books and records of account of the Authority

shall be audited annually by a firm of independent public accountants selected by the

Authority. The Authority may contract with one of its Member Jurisdictions for the

Member Jurisdiction to serve as fiscal agent for the Authority. All books of record and

account and documents in the Authority’s (or its fiscal agent’s) possession relating to the

Jail Facilities shall at all reasonable times be open to inspection by such agents or

employees of the Member Jurisdictions as they may designate.

Section 3.9 Preliminary Responsibilities.

Before the Jail Facilities are Placed in Service, the Authority will be responsible for

(i) the final design, construction and equipping of the Jail Facilities; (ii) the employment

or procurement and equipping of the Jail Facilities; (iii) the adoption of rules, regulations,

policies and guidelines for the operation and maintenance of the Jail Facilities, not

inconsistent with the standards of the Virginia Board of Corrections: and (iv) the

arrangements for financing the Jail Facilities.

Section 3.10 Annual Per Diem Rate Calculation.

The Authority will provide each Member Jurisdiction, annually, following the end

of each Fiscal Year, the calculation for the effective Per Diem Rate for such Member

Jurisdiction for its usage of the Jail Facilities and Tazewell Jail Facility.

ARTICLE IV

PAYMENTS

Section 4.1 Payments from Member Jurisdictions.

(a) Facilities Charges.

(1) In each Annual Budget, the Authority shall establish the Facilities Charge for the

following Fiscal Year which shall be revised as necessary as provided in Section 3.7.

(2) (i) The Facilities Charge shall be invoiced quarterly by the Authority

30 days in advance of service and shall be payable no later than July 15, October 1, January

1, and April 1 in each year, beginning July 15, 2005. Notwithstanding the foregoing, if as

a result of construction cost overruns, cost savings or delays in construction, or early

completion of construction, or any combination thereof, it becomes necessary to accelerate

or delay payment of the first Facilities Charge, the Authority and the Member Jurisdictions

will make such adjustment as may be necessary or appropriate for timely payment of Net

Expenses.

Jail Facilities and Tazewell Jail Facility. The books and records of account of the Authority shall be audited annually by a firm of independent public accountants selected by the Authority, The Authority may contract with one of its Member Jurisdictions for the Member Jurisdiction to serve as fiscal agent for the Authority. All books of record and account and documents in the Authority’s (or its fiscal agent’s) possession relating to the Jail Facilities shall at all reasonable times be open to inspection by such agents or employees of the Member Jurisdictions as they may designate.

Section 3.9 Preliminary Responsibilities.

Before the Jail Facilities are Placed in Service, the Authority will be responsible for (i) the final design, construction and equipping of the Jail Facilities; (ii) the employment or procurement and equipping of the Jail Facilities; (iii) the adoption of rules, regulations, policies and guidelines for the operation and maintenance of the Jail Facilities, not inconsistent with the standards of the Virginia Board of Corrections: and (iv) the arrangements for financing the Jail Facilities.

Section 3.10 Annual Per Diem Rate Calculation. The Authority will provide each Member Jurisdiction, annually, following the end

of each Fiscal Year, the calculation for the effective Per Diem Rate for such Member Jurisdiction for its usage of the Jail Facilities and Tazewell Jail Facility.

ARTICLE IV PAYMENTS,

Section 4.1 Payments from Member Jurisdictions.

(a) Facilities Charges. (1) Ineach Annual Budget, the Authority shall establish the Facilities Charge for the following Fiscal Year which shall be revised as necessary as provided in Section 3.7.

(2) (i) The Facilities Charge shall be invoiced quarterly by the Authority

30 days in advance of service and shall be payable no later than July 15, October 1, January 1, and April 1 in each year, beginning July 15, 2005. Notwithstanding the foregoing, if as a result of construction cost overruns, cost savings or delays in construction, or early completion of construction, or any combination thereof, it becomes necessary to accelerate or delay payment of the first Facilities Charge, the Authority and the Member Jurisdictions will make such adjustment as may be necessary or appropriate for timely payment of Net Expenses.

(ii) In order to facilitate the successful financing of the Jail Facilities, the

Member Jurisdictions agree to pay their ratable share of the Facilities Charge as budgeted

by the Authority in accordance with the percentages established annually pursuant to this

Section (the “Facilities Charge Percentages”) notwithstanding the actual number of

Prisoners committed or expected to be committed, subject to Fiscal Year-end adjustment

to reflect actual use.

(A) Unless the Member Jurisdictions mutually agree upon other

percentages due to a change in proportionate Prisoner populations, the Facilities Charge

for each Member Jurisdiction shall be based upon the actual Prisoner count at the end of

the fiscal year after reconciliation subject to Paragraph 4.7(a). For the period commencing

on the date of this Agreement through the Fiscal Year ending June 30, 2022, the proposed

Facilities Charge will be paid in accordance with the following percentages:

Member

Jurisdiction

Estimated

Bed Usage

Facilities Charge

Percentage

Buchanan County 150 7%

Dickenson County 100 5%

Lee County 140 6%

Russell County 180 9%

Scott County 195 10%

Smyth County 195 10%

Tazewell County 320 16%

Washington County 320 16%

Wise County 205 10%

City of Norton 20 1%

City of Bristol 200 10%

Total 2,025 100.00%

(B) Beginning with the Fiscal Year that commences July 1, 2022, the budget

Facilities Charge Percentages shall be adjusted each Fiscal Year to approximate the actual

proportionate use of the Jail Facilities and Tazewell Jail Facility by the Member

Jurisdictions as of the end of the immediately preceding Fiscal Year. Such actual

proportionate use for each Member Jurisdiction shall be determined by a fraction the

numerator of which shall be the number of Prisoner beds used by the Member Jurisdiction

during the immediately preceding Fiscal Year and the denominator of which shall be the

total number of Prisoner beds used by all Member Jurisdictions in the immediately

preceding Fiscal Year. Notwithstanding the foregoing, the Authority and the Member

Tracy Highlight

(ii) In order to facilitate the successful financing of the Jail Facilities, the Member Jurisdictions agree to pay their ratable share of the Facilities Charge as budgeted by the Authority in accordance with the percentages established annually pursuant to this Section (the “Facilities Charge Percentages”) notwithstanding the actual number of Prisoners committed or expected to be committed, subject to Fiscal Year-end adjustment to reflect actual use.

(A) Uni the Member Jurisdictions mutually agree upon other percentages due to a change in proportionate Prisoner populations, the Facilities Charge for each Member Jurisdiction shall be based upon the actual Prisoner count at the end of the fiscal year after reconciliation subject to Paragraph 4.7(a). For the period commencing on the date of this Agreement through the Fiscal Year ending June 30, 2022, the proposed Facilities Charge will be paid in accordance with the following percentages:

‘Member Estimated Facilities Charge Jurisdiction: Bed Usage Percentage Buchanan County 150 ™% Dickenson County 100 5%

Lee County 140 6% Russell County 180 9% Scott County 195 10% Smyth County 195 10% Tazewell County 320 16% Washington County 320 16% Wise County 205 10%

City of Norton 20 1% City of Bristol 200 10% Total 2,025 100.00%

(B) Beginning with the Fiscal Year that commences July 1, 2022, the budget Facilities Charge Percentages shall be adjusted each Fiscal Year to approximate the actual proportionate use of the Jail Facilities and Tazewell Jail Facility by the Member Jurisdictions as of the end of the immediately preceding Fiscal Year. Such actual proportionate use for each Member Jurisdiction shall be determined by a fraction the numerator of which shall be the number of Prisoner beds used by the Member Jurisdiction during the immediately preceding Fiscal Year and the denominator of which shall be the total number of Prisoner beds used by all Member Jurisdictions in the immediately preceding Fiscal Year. Notwithstanding the foregoing, the Authority and the Member

Jurisdictions may use such other method for annually adjusting budgeted Facilities Charge

Percentages as may be mutually agreeable.

(3) If not paid when due, the Facilities Charge shall bear interest at ¾% per month

until paid; provided, however, that this provision shall not apply in instances where

Applicable Law prescribes some other due date or late payment charge. If not paid on the

date payment is due, a Member Jurisdiction shall be charged at the Non-Member Per Diem

charge for its Prisoners in accordance with Section 4.1© until all amounts due and unpaid

have been fully paid.

By the end of each October following the immediately preceding Fiscal Year,

the Authority shall reconcile the total amount of each Member Jurisdiction’s payments to

reflect the amount each Member Jurisdiction should have paid during such year based upon

actual proportionate use of the Jail Facilities and Tazewell Jail Facility and compare it to

the amount paid by each Member Jurisdiction. Any Member Jurisdiction which has

underpaid shall be notified by the Authority of the amount of the shortfall, which amount

shall be paid as an additional sum in equal quarterly installments over the next Fiscal Year.

Any Member Jurisdiction that has overpaid shall be entitled to a refund or a credit, as such

Member Jurisdiction may elect, in the amount of such overpayment to be applied in equal

quarterly installments over the next Fiscal Year; provided, however, no Member

Jurisdiction shall be entitled to a full credit until such time as the Authority has received

payment of all underpaid amounts. In the event the Authority receives a portion but not all

of the payments due for underpaid bills, the Authority shall apply the amount received

ratably as a partial credit to the Member Jurisdictions which overpaid.

(b) The obligation of each Member Jurisdiction to pay the Facilities Charge in

advance shall be subject to and contingent upon appropriations being made for such

purpose by the governing body of such Member Jurisdiction.

are not paid within 30 days of their respective due dates, each Member Jurisdiction hereby

agrees to pay, on a monthly basis, the Non-Member Per Diem Rate for each Prisoner

committed to the Jail Facilities or Tazewell Jail Facility during preceding calendar month.

All payments pursuant to this paragraph shall be due and payable not later than 30 days

following the date of the Authority’s invoice setting forth the amounts due for the services

rendered by the Authority in housing such Member Jurisdiction’s Prisoners.

(d) Prior to the issuance of the Bonds, if for any reason the Jail Facilities are not

Placed in Service, the Member Jurisdictions shall reimburse the Authority for all expenses,

including debt service on the Authority’s interim financings, not previously paid by the

Member Jurisdictions pursuant to the percentages contained in the table in Section

4.l(a)(2): provided, however, that the payment required by any Member Jurisdiction, will

be subject to the appropriation of funds for such purpose by the governing body of such

Jurisdictions may use such other method for annually adjusting budgeted Facilities Charge Percentages as may be mutually agreeable.

(3) If not paid when due, the Facilities Charge shall bear interest at 4% per month until paid; provided, however, that this provision shall not apply in instances where Applicable Law prescribes some other due date or late payment charge. If not paid on the date payment is due, a Member Jurisdiction shall be charged at the Non-Member Per Diem charge for its Prisoners in accordance with Section 4.1© until all amounts due and unpaid have been fully paid.

By the end of each October following the immediately preceding Fiscal Year, the Authority shall reconcile the total amount of each Member Jurisdiction’s payments to reflect the amount each Member Jurisdiction should have paid during such year based upon actual proportionate use of the Jail Facilities and Tazewell Jail Facility and compare it to the amount paid by each Member Jurisdiction. Any Member Jurisdiction which has underpaid shall be notified by the Authority of the amount of the shortfall, which amount shall be paid as an additional sum in equal quarterly installments over the next Fiscal Year. Any Member Jurisdiction that has overpaid shall be entitled to a refund or a credit, as such Member Jurisdiction may elect, in the amount of such overpayment to be applied in equal quarterly installments over the next Fiscal Year; provided, however, no Member Jurisdiction shall be entitled to a full credit until such time as the Authority has received payment of all underpaid amounts. In the event the Authority receives a portion but not all of the payments due for underpaid bills, the Authority shall apply the amount received ratably as a partial credit to the Member Jurisdictions which overpaid.

(b) The obligation of each Member Jurisdiction to pay the Facilities Charge in advance shall be subject to and contingent upon appropriations being made for such purpose by the governing body of such Member Jurisdiction.

© If Facilities Charges due and payable in advance as set forth in Section 4.1(a)(2) are not paid within 30 days of their respective due dates, each Member Jurisdiction hereby agrees to pay, on a monthly basis, the Non-Member Per Diem Rate for each Prisoner committed to the Jail Facilities or Tazewell Jail Facility during preceding calendar month. All payments pursuant to this paragraph shall be due and payable not later than 30 days following the date of the Authority’s invoice setting forth the amounts due for the servi rendered by the Authority in housing such Member Jurisdiction’s Prisoners.

(d) Prior to the issuance of the Bonds, if for any reason the Jail Facilities are not Placed in Service, the Member Jurisdictions shall reimburse the Authority for all expenses, including debt service on the Authority’s interim financings, not previously paid by the Member Jurisdictions pursuant to the percentages contained in the table in Section 4.l(a)(2): provided, however, that the payment required by any Member Jurisdiction, will be subject to the appropriation of funds for such purpose by the governing body of such

Member Jurisdiction.

(e) Commencing on the date of issuance of the Bonds, if the Authority lacks

sufficient funds to pay scheduled debt service on the Bonds, or to pay any debt service

reserve funding requirements, the Authority shall promptly notify the Member

Jurisdictions of the amount of each insufficiency. Upon such notification, each Member

Jurisdiction agrees to pay, subject to the conditions contained in this paragraph, a portion

of such deficit equal to its Facilities Charge Percentage then in effect for the then current

Fiscal Year as determined pursuant to Section 4.1 (a)(2). Any such payment under this

paragraph shall be subject to the appropriation of funds by the governing body of each

Member Jurisdiction. In no event shall the obligation of any Member Jurisdiction, under

this paragraph (e) or the immediately preceding paragraph (d) be deemed to constitute a

debt within the meaning of the Constitution of Virginia.

(f) The Authority shall notify all Member Jurisdictions not later than 30 days after

any payment due date if a Member Jurisdiction fails to pay any charge when due, and shall

pursue with diligence the collection of such past due amount. The notice shall include a

statement of the Authority’s intention to adjust the remaining payments due during the

Fiscal Year (and thereafter if such default is not cured) from all non-defaulting Member

Jurisdictions and shall state the amount of the adjusted charge. The adjustment shall be

based upon a reallocation of Facilities Charge Percentages to all non-defaulting Member

Jurisdictions. Upon payment in full of the amount in arrears by the defaulting Member

Jurisdiction the Authority shall readjust charges to the Member Jurisdictions to pre-default

levels and credit all non-defaulting Member Jurisdictions in the appropriate amount for any

excess payments previously made at the default adjusted rate. The Authority shall make

other adjustments as may be necessary to the Facilities Charge during the Fiscal Year to

meet expenses and to comply with any covenant entered into in connection with issuance

of the Bonds.

Section 4.2 Payments from other Jurisdictions.

Within the limits allowed by law, the Authority shall establish a Non-member Per

Diem Rate for the care, maintenance and subsistence of Prisoners from Non-Member

Jurisdictions. Such Non-Member Per Diem Rate charge shall be due and payable to the

Authority from Non-Member Jurisdictions having Prisoners in the Jail Facilities no later

than the fifteenth day of the month next following the month in which the charge was

incurred and if not paid when due shall bear interest at the rate of 1% per month until paid;

provided, however, that the provision as to interest on late payments shall not apply in

instances where state law prescribes some other due date or late payment charge. Revenue

received from all sources other than the Member Jurisdictions shall be used to pay

Expenses.

Member Jurisdiction.

(ec) Commencing on the date of issuance of the Bonds, if the Authority lacks sufficient funds to pay scheduled debt service on the Bonds, or to pay any debt service reserve funding requirements, the Authority shall promptly notify the Member Jurisdictions of the amount of each insufficiency. Upon such notification, each Member Jurisdiction agrees to pay, subject to the conditions contained in this paragraph, a portion of such deficit equal to its Facilities Charge Percentage then in effect for the then current Fiscal Year as determined pursuant to Section 4.1 (a)(2). Any such payment under this paragraph shall be subject to the appropriation of funds by the governing body of each Member Jurisdiction. In no event shall the obligation of any Member Jurisdiction, under this paragraph (ec) or the immediately preceding paragraph (d) be deemed to constitute a debt within the meaning of the Constitution of Virginia.

(f) The Authority shall notify all Member Jurisdictions not later than 30 days after any payment due date if a Member Jurisdiction fails to pay any charge when due, and shall pursue with diligence the collection of such past due amount. The notice shall include a statement of the Authority’s intention to adjust the remaining payments due during the Fiscal Year (and thereafter if such default is not cured) from all non-defaulting Member Jurisdictions and shall state the amount of the adjusted charge. The adjustment shall be based upon a reallocation of Facilities Charge Percentages to all non-defaulting Member Jurisdictions. Upon payment in full of the amount in arrears by the defaulting Member Jurisdiction the Authority shall readjust charges to the Member Jurisdictions to pre-default levels and credit all non-defaulting Member Jurisdictions in the appropriate amount for any excess payments previously made at the default adjusted rate. The Authority shall make other adjustments as may be necessary to the Facilities Charge during the Fiscal Year to meet expenses and to comply with any covenant entered into in connection with issuance of the Bonds.

Section 4.2 Payments from other Jurisdictions.

Within the limits allowed by law, the Authority shall establish a Non-member Per Diem Rate for the care, maintenance and subsistence of Prisoners from Non-Member Jurisdictions. Such Non-Member Per Diem Rate charge shall be due and payable to the Authority from Non-Member Jurisdictions having Prisoners in the Jail Facilities no later than the fifteenth day of the month next following the month in which the charge was incurred and if not paid when due shall bear interest at the rate of 1% per month until paid; provided, however, that the provision as to interest on late payments shall not apply in instances where state law prescribes some other due date or late payment charge. Revenue received from all sources other than the Member Jurisdictions shall be used to pay Expenses.

Section 4.3 Operating Reserve Fund and Debt Service Reserve Fund.

Upon the Jail Facilities being Placed in Service, the Authority agrees to provide for

an Operating Reserve Fund in each of its Annual Budgets in an amount equal to not less

than 60 days of Expenses, excluding debt service requirements, contained in the Annual

Budget for such year. The Operating Reserve Fund will be established as a separate account

and will be used to cover periods of revenue shortfall when the Authority’s revenues are

not sufficient to cover its actual Net Expenses. Upon the issuance of the Bonds, the

Authority agrees to provide for a Debt Service Reserve Fund to be held by the trustee under

the Indenture and in an amount not less than the maximum annual debt service on the

Bonds as further described in the Indenture. The Authority agrees to provide for

contributions to the Debt Service Reserve Fund in each of its Annual Budgets to the extent

necessary to maintain the amounts therein at not less than the minimum amount required.

The Debt Service Reserve Fund will be established as a separate account held by the trustee

under the Indenture for the Bonds.

Section 4.4 Commonwealth Reimbursement Grants.

Any funds that the Authority receives from the Commonwealth of Virginia as

reimbursement for the cost of constructing the Jail Facilities will be applied immediately

to the payment of the Notes portion of the Bonds.

Section 4.5 Limitation of Liability.

The only obligation of the Member Jurisdictions to pay for the establishment,

operation, or maintenance of the Jail Facilities and the Tazewell Jail Facility arises out of

this Agreement. No such payment for future responsibility shall constitute a debt of any

Member Jurisdiction within the meaning of any constitutional or statutory limitation.

Nothing in this Agreement shall constitute a pledge of the full faith and credit of any

Member Jurisdiction under any provision of its charter, if any, or the Constitution of

Virginia.

Section 4.6 Paragraph Reserved.

Section 4.7 Payments and Contributions by City of Bristol.

(a) Per Diem Premium: City of Bristol shall pay the Authority a Per Diem Premium,

in addition to the debt service charge described in subsection (b), Facilities Charge, and

Facilities Charges set forth herein, of Two Dollars Seventy-Five Cents ($2.75) per Prisoner

committed to the Authority and housed at the Jail Facilities and Tazewell Jail Facility each

day for ten (10) years commencing on the day Prisoners are committed to the Authority

from City of Bristol pursuant to this Agreement. The Per Diem Premium described herein

shall be in addition to the debt service charge, Facility Charge, and Facilities Charges

Section 4.3 Operating Reserve Fund and Debt Service Reserve Fund.

Upon the Jail Facilities being Placed in Service, the Authority agrees to provide for an Operating Reserve Fund in each of its Annual Budgets in an amount equal to not less than 60 days of Expenses, excluding debt service requirements, contained in the Annual Budget for such year. The Operating Reserve Fund will be established as a separate account and will be used to cover periods of revenue shortfall when the Authority’s revenues are not sufficient to cover its actual Net Expenses. Upon the issuance of the Bonds, the Authority agrees to provide for a Debt Service Reserve Fund to be held by the trustee under the Indenture and in an amount not less than the maximum annual debt service on the Bonds as further described in the Indenture. The Authority agrees to provide for contributions to the Debt Service Reserve Fund in each of its Annual Budgets to the extent necessary to maintain the amounts therein at not less than the minimum amount required. The Debt Service Reserve Fund will be established as a separate account held by the trustee under the Indenture for the Bonds.

Section 4.4 Commonwealth Reimbursement Grants.

Any funds that the Authority receives from the Commonwealth of Virginia as reimbursement for the cost of constructing the Jail Facilities will be applied immediately to the payment of the Notes portion of the Bonds.

Section 4.5 Limitation of Liability.

The only obligation of the Member Jurisdictions to pay for the establishment, operation, or maintenance of the Jail Facilities and the Tazewell Jail Facility arises out of this Agreement. No such payment for future responsibility shall constitute a debt of any Member Jurisdiction within the meaning of any constitutional or statutory limitation, Nothing in this Agreement shall constitute a pledge of the full faith and credit of any Member Jurisdiction under any provision of its charter, if any, or the Constitution of Virginia.

Section 4.6 Paragraph Reserved.

Section 4.7 Payments and Contributions by City of Bristol.

(a) Per Diem Premium: City of Bristol shall pay the Authority a Per Diem Premium, in addition to the debt service charge described in subsection (b), Facilities Charge, and Facilities Charges set forth herein, of Two Dollars Seventy-Five Cents ($2.75) per Prisoner committed to the Authority and housed at the Jail Facilities and Tazewell Jail Facility each day for ten (10) years commencing on the day Prisoners are committed to the Authority from City of Bristol pursuant to this Agreement. The Per Diem Premium described herein shall be in addition to the debt service charge, Facility Charge, and Facilities Charges

herein. Furthermore, City of Bristol shall pay the Per Diem Premium herein based upon a

minimum of two hundred (200) prisoners per day, or the actual number of inmates housed,

whichever is greater.

(b) Debt Service Charge: City of Bristol shall pay annually a debt service charge

on the bonds or revenue notes used to finance or refinance the costs of construction of the

Jail Facilities and the renovations and additions to the same. The debt service charge

described herein in this Second Service Agreement shall be based upon the number of beds

occupied by prisoners or inmates committed to the Sheriff of the City of Bristol and housed

by the Authority at the Jail Facilities located in Dickenson, Scott, and Washington Counties

or the Tazewell Jail Facility. The debt service charge described herein shall be in addition

to the Per Diem Premium set forth above and the Facilities Charge and Facilities Charges

imposed annually on each Member Jurisdiction pursuant to the Service Agreements

described herein and entered into by the Member Jurisdictions.

Service Agreement capable of transporting prisoners.

(d) City of Bristol shall pay all legal fees in connection with becoming a Member

Jurisdiction, including but not limited to, the approvals associated with the Bonds.

(e) The Per Diem Premiums collected by the Authority for ten (10) years shall be

reallocated or reimbursed at the end of each Fiscal Year to the other ten (10) Member

Jurisdictions based upon the average number of Prisoners housed during the Fiscal Year

by each of the other ten (10) Member Jurisdictions.

ARTICLE V

ADDITIONAL AGREEMENTS

Section 5.1 Sale or Other Conveyance.

Except as specifically permitted under the Indenture, the Authority will not sell,

lease, sublease, assign, convey, or otherwise voluntarily dispose of any of the Jail Facilities

or any material interest in the Jail Facilities unless the Bonds and any other debt incurred

by the Authority have been paid or otherwise deemed paid or defeased in accordance with

the Indenture or other agreements pursuant to which the Bonds or other debt was issued,

Section 5.2 Further Documents and Data.

The parties to this Agreement will execute and deliver all documents and perform

all further acts that may be reasonably necessary to perform the obligations and

herein. Furthermore, City of Bristol shall pay the Per Diem Premium herein based upon a minimum of two hundred (200) prisoners per day, or the actual number of inmates housed, whichever is greater.

(b) Debt Service Charge: City of Bristol shall pay annually a debt service charge on the bonds or revenue notes used to finance or refinance the costs of construction of the Jail Facilities and the renovations and additions to the same. The debt service charge described herein in this Second Service Agreement shall be based upon the number of beds occupied by prisoners or inmates committed to the Sheriff of the City of Bristol and housed by the Authority at the Jail Facilities located in Dickenson, Scott, and Washington Counties or the Tazewell Jail Facility. The debt service charge described herein shall be in addition to the Per Diem Premium set forth above and the Facilities Charge and Facilities Charges imposed annually on each Member Jurisdiction pursuant to the Service Agreements described herein and entered into by the Member Jurisdictions.

(©) City of Bristol shall donate two vehicles to the Authority upon approval of this Service Agreement capable of transporting prisoners.

(d) City of Bristol shall pay all legal fees in connection with becoming a Member Jurisdiction, including but not limited to, the approvals associated with the Bonds.

© The Per Diem Premiums collected by the Authority for ten (10) years shall be reallocated or reimbursed at the end of each Fiscal Year to the other ten (10) Member Jurisdictions based upon the average number of Prisoners housed during the Fiscal Year by each of the other ten (10) Member Jurisdictions.

ARTICLE V ADDITIONAL AGREEMENTS

Section 5.1 Sale or Other Conveyance.

Except as specifically permitted under the Indenture, the Authority will not sell, lease, sublease, assign, convey, or otherwise voluntarily dispose of any of the Jail Facilities or any material interest in the Jail Facilities unless the Bonds and any other debt incurred by the Authority have been paid or otherwise deemed paid or defeased in accordance with the Indenture or other agreements pursuant to which the Bonds or other debt was issued,

Section 5.2 Further Documents and Data.

The parties to this Agreement will execute and deliver all documents and perform all further acts that may be reasonably necessary to perform the obligations and

consummate the transactions contemplated by this Agreement.

Section 5.3 Right to Access.

Each of the Member Jurisdictions will have reasonable access to the Jail Facilities

and Tazewell Jail Facility in order to monitor the Authority’s compliance with the terms

of this Agreement.

Section 5.4 Confidentiality.

The Authority will maintain all records and files on the Prisoners on a confidential

basis in accordance with all Applicable Laws. Each of the Member Jurisdictions will

maintain the confidential nature of all records and files relating to the Prisoners in

accordance with all Applicable Laws.

Section 5.5 Notification.

The Authority will promptly furnish to each of the Member Jurisdictions a copy of

any notice or order of any governmental authority asserting that the Authority, the Jail

Facilities, or the Tazewell Jail Facilities are not in compliance in any material respect with

any Applicable Law.

Section 5.6 Tax-Exemption Covenant; Continuing Disclosure.

(a) The Authority intends to issue the Bonds in a manner such that the interest

thereon is excludable from gross income for Federal income tax purposes under Section

103(a) and related provisions of the Internal Revenue Code of 1986, as amended and

applicable rules and regulations. The Authority and each of the Member Jurisdictions

agrees that, after the Bonds have been issued, they will not take any action or omit to take

any action, which would adversely affect such exclusion of interest.

(b) Pursuant to Section l5c2-12 (b) of the regulations issued by the Securities and

Exchange Commission (the “Rule”), the Authority shall, and Member Jurisdictions may,

be required to agree with the underwriters of the Bonds, and for the benefit of the owners

of the Bonds, to supply certain national municipal securities information repositories for

as long as the Bonds are outstanding certain financial information on an annual basis and

notification of certain specified material events affecting the Authority and the Member

Jurisdictions in compliance with such Rule. The requirements of this ongoing disclosure

requirement will be set forth in a continuing disclosure agreement relating to the issuance

of the Bonds. Each of the Member Jurisdictions agrees to comply with the ongoing

disclosure requirements described above to the extent required therein, including, but not

consummate the transactions contemplated by this Agreement. Section 5.3 Right to Access.

Each of the Member Jurisdictions will have reasonable access to the Jail Facilities and Tazewell Jail Facility in order to monitor the Authority’s compliance with the terms of this Agreement.

Section 5.4 Confidentiality.

The Authority will maintain all records and files on the Prisoners on a confidential basis in accordance with all Applicable Laws. Each of the Member Jurisdictions will maintain the confidential nature of all records and files relating to the Prisoners in accordance with all Applicable Laws.

Section 5.5 Notification.

The Authority will promptly furnish to each of the Member Jurisdictions a copy of any notice or order of any governmental authority asserting that the Authority, the Jail Facilities, or the Tazewell Jail Facilities are not in compliance in any material respect with any Applicable Law.

Section 5.6 Tax-Exemption Covenant; Continuing Disclosure.

(a) The Authority intends to issue the Bonds in a manner such that the interest thereon is excludable from gross income for Federal income tax purposes under Section 103(a) and related provisions of the Internal Revenue Code of 1986, as amended and applicable rules and regulations. The Authority and each of the Member Jurisdictions agrees that, after the Bonds have been issued, they will not take any action or omit to take any action, which would adversely affect such exclusion of interest.

(b) Pursuant to Section 15c2-12 (b) of the regulations issued by the Securities and Exchange Commission (the “Rule”), the Authority shall, and Member Jurisdictions may, be required to agree with the underwriters of the Bonds, and for the benefit of the owners of the Bonds, to supply certain national municipal securities information repositories for as long as the Bonds are outstanding certain financial information on an annual basis and not ion of certain specified material events affecting the Authority and the Member Jurisdictions in compliance with such Rule. The requirements of this ongoing disclosure requirement will be set forth in a continuing disclosure agreement relating to the issuance of the Bonds. Each of the Member Jurisdictions agrees to comply with the ongoing disclosure requirements described above to the extent required therein, including, but not

limited to, providing the Authority with timely notice of the occurrence of any of the

specified events which is material to its operations as set forth in the Rule.

Section 5.7 Additional Members.

Any city or county in Virginia may, with the approval of its governing body and

with the consent of all the Member Jurisdictions, join and participate in the Authority under

such additional terms and conditions for membership as may be prescribed by the

Authority. After the issuance of the Bonds, no such change or amendment shall be

effective which would cause a violation of any provision of any resolution, indenture or

agreement pursuant to which the Bonds or other temporary or permanent financing for the

Jail Facilities are issued or obtained by the Authority.

Section 5.8 Withdrawal of Membership.

(a) Any Member Jurisdiction may withdraw from membership in the Authority by

resolution or ordinance of its governing body; however, no Member Jurisdiction shall be

permitted to withdraw from the Authority after the Bonds have been issued and remains

outstanding unless (1) the withdrawal is consented to by unanimous vote of the Member

Jurisdictions; and (2) the withdrawing Member Jurisdiction shall have agreed to pay its

proportionate share of the costs of the Jail Facilities financed with Bonds or other

indebtedness, such proportionate share to be determined by multiplying the then unpaid

principal portion of the Bonds or other indebtedness by the withdrawing Member

Jurisdiction’s average actual use of Prisoner beds (as determined by Section 4.l(a)(2)(ii))

in the two Fiscal Years immediately preceding the effective date of withdrawal plus such

other amounts as shall be sufficient to pay any premium then due or to be due and interest

accruing on the withdrawing Member Jurisdiction’s proportionate share of such unpaid

principal until the date the Bonds or other indebtedness shall be next eligible for

redemption. After the issuance of the Bonds, no such change or amendment shall be

effective which would cause a violation of any provision of any resolution, indenture or

agreement pursuant to which the Bonds or other temporary or permanent financing for the

Jail Facilities are issued or obtained by the Authority.

(b) The Member Jurisdictions shall not dissolve the Authority during any period in

which Bonds or Notes are outstanding without providing by way of agreement or through

some other arrangement for payment or defeasance of the principal of, premium, if any,

and interest then remaining to be paid on such Bonds or Notes and any expenses related

thereto. Any such agreement or arrangement shall be subject to the appropriation of funds

for such purpose by the governing bodies of the Member Jurisdictions.

Section 5.9 Preferential Hiring.

Qualified employees of any of the correctional departments of the sheriffs of any of

limited to, providing the Authority with timely notice of the occurrence of any of the specified events which is material to its operations as set forth in the Rule.

Section 5.7 Additional Members.

Any city or county in Virginia may, with the approval of its governing body and with the consent of all the Member Jurisdictions, join and participate in the Authority under such additional terms and conditions for membership as may be prescribed by the Authority. After the issuance of the Bonds, no such change or amendment shall be effective which would cause a violation of any provision of any resolution, indenture or agreement pursuant to which the Bonds or other temporary or permanent financing for the Jail Facilities are issued or obtained by the Authority.

Section 5.8 Withdrawal of Membership.

(a) Any Member Jurisdiction may withdraw from membership in the Authority by resolution or ordinance of its governing body; however, no Member Jurisdiction shall be permitted to withdraw from the Authority after the Bonds have been issued and remains outstanding unless (1) the withdrawal is consented to by unanimous vote of the Member Jurisdictions; and (2) the withdrawing Member Jurisdiction shall have agreed to pay its proportionate share of the costs of the Jail Facilities financed with Bonds or other indebtedness, such proportionate share to be determined by multiplying the then unpaid principal portion of the Bonds or other indebtedness by the withdrawing Member Jurisdiction’s average actual use of Prisoner beds (as determined by Section 4.1(a)(2)(ii)) in the two Fiscal Years immediately preceding the effective date of withdrawal plus such other amounts as shall be sufficient to pay any premium then due or to be due and interest accruing on the withdrawing Member Jurisdiction’s proportionate share of such unpaid principal until the date the Bonds or other indebtedness shall be next eligible for redemption. After the issuance of the Bonds, no such change or amendment shall be effective which would cause a violation of any provision of any resolution, indenture or agreement pursuant to which the Bonds or other temporary or permanent financing for the Jail Facilities are issued or obtained by the Authority.

(b) The Member Jurisdictions shall not dissolve the Authority during any period in which Bonds or Notes are outstanding without providing by way of agreement or through some other arrangement for payment or defeasance of the principal of, premium, if any, and interest then remaining to be paid on such Bonds or Notes and any expenses related thereto. Any such agreement or arrangement shall be subject to the appropriation of funds for such purpose by the governing bodies of the Member Jurisdictions.

Section 5.9 Preferential Hiring.

Qualified employees of any of the correctional departments of the sheriffs of any of

the Member Jurisdictions shall be given preferred consideration for employment at the Jail

Facilities and Tazewell Jail Facility by the Authority, subject to the employment policies

and procedures adopted by the Authority.

ARTICLE VI

REPRESENTATIONS, WARRANTIES, AND

COVENANTS OF AUTHORITY

In addition to the covenants in other Articles of this Agreement, the Authority

represents, warrants, and covenants as follows:

Section 6.1 Organization, Authorization and Validity.

The Authority is a political subdivision of the Commonwealth duly organized and

validly existing under the laws of the Commonwealth and has duly authorized, executed

and delivered this Agreement enforceable against the Authority in accordance with the

terms.

Section 6.2 Authority.

The Authority has all requisite authority to execute and deliver and perform its

obligations under this Agreement and is not a party to any indenture, contract or other

agreement or arrangement, the performance of which by the Authority would prevent or

materially and adversely affect the Authority’s ability to perform the terms of this

Agreement.

Section 6.3 Non-Contravention.

The execution and delivery of this Agreement by the Authority and the

consummation of the transactions contemplated in it will not conflict with or result in a

breach of or constitute a default under or violate any of the terms, conditions or provisions

of the resolutions creating the Authority, the bylaws of the Authority or any material

indenture, contract or other agreement or arrangement to which the Authority is a party or

by which any of its properties are bound, or any Applicable Law by which the Authority is

bound.

Section 6.4 Litigation.

The Authority is not a party to any legal, administrative, arbitration or other

the Member Jurisdictions shall be given preferred consideration for employment at the Jail Facilities and Tazewell Jail Facility by the Authority, subject to the employment policies and procedures adopted by the Authority.

ARTICLE VI

REPRESENTATIONS, WARRANTIES, AND COVENANTS OF AUTHORITY

In addition to the covenants in other Articles of this Agreement, the Authority represents, warrants, and covenants as follows:

Section 6.1 Organization, Authorization and Val

The Authority is a political subdivision of the Commonwealth duly organized and validly existing under the laws of the Commonwealth and has duly authorized, executed and delivered this Agreement enforceable against the Authority in accordance with the terms.

Section 6.2 Authority.

The Authority has all requisite authority to execute and deliver and perform its obligations under this Agreement and is not a party to any indenture, contract or other agreement or arrangement, the performance of which by the Authority would prevent or materially and adversely affect the Authority’s ability to perform the terms of this Agreement.

Section 6.3 Non-Contravention.

The execution and delivery of this Agreement by the Authority and the consummation of the transactions contemplated in it will not conflict with or result in a breach of or constitute a default under or violate any of the terms, conditions or provisions of the resolutions creating the Authority, the bylaws of the Authority or any material indenture, contract or other agreement or arrangement to which the Authority is a party or by which any of its properties are bound, or any Applicable Law by which the Authority is bound.

Section 6.4 Litigation,

The Authority is not a party to any legal, administrative, arbitration or other

proceeding or controversy pending, or, to the best of the Authority’s knowledge,

threatened, which would materially adversely affect the Authority’s ability to perform

under this Agreement.

Section 6.5 Approvals.

Except for approvals that may be required by the Virginia Board of Corrections and

any approvals that may be required for reimbursements from the Commonwealth of

Virginia, the Authority does not require the consent or approval of any governmental body

to carry out the terms of this Agreement.

ARTICLE VII

REPRESENTATIONS, WARRANTIES, AND COVENANTS OF MEMBER

JURISDICTIONS

Each of the Member Jurisdictions represents, warrants, and covenants as follows:

Section 7.1 Organization. Authorization and Validity.

Each of the Member Jurisdictions is a political subdivision of the Commonwealth

duly organized and validly existing under the laws of the Commonwealth, and each has

duly authorized, executed, and delivered this Agreement. The obligations of each of the

Member Jurisdictions in this Agreement are valid, legal, and binding agreements

enforceable against each of the Member Jurisdictions in accordance with the terms of this

Agreement.

Section 7.2 Authority.

Each of the Member Jurisdictions has all requisite authority to execute and deliver

and perform its obligations under this Agreement and is not a party to any indenture,

contract or other agreement or arrangement, the performance of which by it would prevent

or materially and adversely affect its individual performance under this Agreement.

Section 7.3 Non-Contravention.

The execution and delivery of this Agreement by each of the Member Jurisdictions

and the consummation of the transactions contemplated herein will not conflict with or

result in a breach of or constitute a default under or violate any of the terms, conditions or

provisions of any charter, resolution or ordinance, any material indenture, contract or

agreement or arrangement to which it is a party or by which any of its properties are bound,

or any Applicable Law by which it is bound.

proceeding or controversy pending, or, to the best of the Authority’s knowledge, threatened, which would materially adversely affect the Authority’s ability to perform under this Agreement.

Section 6.5 Approvals. Except for approvals that may be required by the Virginia Board of Corrections and any approvals that may be required for reimbursements from the Commonwealth of

Virginia, the Authority does not require the consent or approval of any governmental body to carry out the terms of this Agreement.

ARTICLE VIL

REPRESENTATIONS, WARRANTIES, AND COVENANTS OF MEMBER JURISDICTIONS

Each of the Member Jurisdictions represents, warrants, and covenants as follows:

Section 7.1 Organization. Authorization and Validity.

Each of the Member Jurisdictions is a political subdivision of the Commonwealth duly organized and validly existing under the laws of the Commonwealth, and each has duly authorized, executed, and delivered this Agreement. The obligations of each of the Member Jurisdictions in this Agreement are valid, legal, and binding agreements enforceable against each of the Member Jurisdictions in accordance with the terms of this Agreement.

Section 7.2 Authority.

Each of the Member Jurisdictions has all requisite authority to execute and deliver and perform its obligations under this Agreement and is not a party to any indenture, contract or other agreement or arrangement, the performance of which by it would prevent or materially and adversely affect its individual performance under this Agreement.

Section 7.3 Non-Contravention.

The execution and delivery of this Agreement by each of the Member Jurisdictions and the consummation of the transactions contemplated herein will not conflict with or result in a breach of or constitute a default under or violate any of the terms, conditions or provisions of any charter, resolution or ordinance, any material indenture, contract or agreement or arrangement to which it is a party or by which any of its properties are bound, or any Applicable Law by which it is bound.

Section 7.4 Litigation.

None of the Member Jurisdictions is a party to any legal, administrative, arbitration,

or other proceeding or controversy pending, or, to the best of its knowledge threatened,

which would materially and adversely affect its ability to perform under this Agreement.

ARTICLE VIII

DEFAULTS AND REMEDIES

Section 8.1 Default by Authority.

‘The occurrence of any one or more of the following events will constitute an “Event

of Default” by the Authority (“Authority Default”):

(a) failure of the Authority to pay principal of or interest when due on any Bonds or

Notes or other temporary or permanent financing for the Jail Facilities issued or obtained

by the Authority pursuant to this Agreement;

(b) if the Authority is for any reason rendered incapable of performing any of its

material obligations under this Agreement;

Agreement without the prior consent of the Member Jurisdictions;

(d) the Authority defaults on any of its material obligations under any agreement

pursuant to which the Bonds, the Notes or other temporary or permanent financing for the

Jail Facilities are issued or obtained by the Authority pursuant to this Agreement and such

default is not cured within the applicable cure period;

(e) any proceeding is instituted, with the consent or acquiescence of the Authority.

for the purpose of effecting a composition between the Authority and its creditors or for

the purpose of adjusting the claims of such creditors pursuant to any federal or state statute

now or hereafter enacted, if the claims of such creditors are under any circumstances

payable from the funds of the Authority; or

(f) the Authority defaults in the due and punctual performance of any other of the

covenants, conditions, agreements and provisions contained in this Agreement, and the

default continues for thirty days after written notice specifying the default and requiring it

to be remedied has been given to the Authority by any of the Member Jurisdictions.

Section 7.4 Litigation.

None of the Member Jurisdictions is a party to any legal, administrative, arbitration, or other proceeding or controversy pending, or, to the best of its knowledge threatened, which would materially and adversely affect its ability to perform under this Agreement.

ARTICLE VIII

DEFAULTS AND REMEDIES:

Section 8.1 Default by Authority.

“The occurrence of any one or more of the following events will constitute an “Event of Default” by the Authority (“Authority Default”):

(a) failure of the Authority to pay principal of or interest when due on any Bonds or Notes or other temporary or permanent financing for the Jail Facilities issued or obtained by the Authority pursuant to this Agreement;

(b) if the Authority is for any reason rendered incapable of performing any of its material obligations under this Agreement;

(d) the Authority defaults on any of its material obligations under any agreement pursuant to which the Bonds, the Notes or other temporary or permanent financing for the Jail Facilities are issued or obtained by the Authority pursuant to this Agreement and such default is not cured within the applicable cure period;

(¢) any proceeding is instituted, with the consent or acquiescence of the Authority. for the purpose of effecting a composition between the Authority and its creditors or for the purpose of adjusting the claims of such creditors pursuant to any federal or state statute now or hereafter enacted, if the claims of such creditors are under any circumstances payable from the funds of the Authority; or

(f) the Authority defaults in the due and punctual performance of any other of the covenants, conditions, agreements and provisions contained in this Agreement, and the default continues for thirty days after written notice specifying the default and requiring it to be remedied has been given to the Authority by any of the Member Jurisdictions.

Section 8.2 Default by Member Jurisdictions.

(a) The occurrence of any one or more of the following events will constitute an

“Event of Default” by any Member Jurisdiction (“Menber Jurisdiction Default”):

(1) failure of any of the Member Jurisdictions to make payments of

Facilities Charges or Per Diem Premium when due;

(2) failure of any of the Member Jurisdictions to make payments based on

the Non-Member Per Diem Rate when due, if applicable;

(3) any of the Member Jurisdictions, for any reason, being rendered

incapable of fulfilling its obligations under this Agreement; or

(4) any proceeding is instituted, with the consent or acquiescence of any

of the Member Jurisdictions, for the purpose of effecting a composition between

such Member Jurisdiction and its creditors or for the purpose of adjusting the claims

of such creditors pursuant to any federal or state statute now or hereafter enacted, if

the claims of such creditors are under any circumstances payable from the finds of

such Member Jurisdiction; or

(5) any of the Member Jurisdictions defaults in the due and punctual

performance of any of the other covenants, conditions, agreements and provisions

contained in this Agreement, and the default continues for thirty days after written

notice specifying the default and requiring it to be remedied has been given to such

Member Jurisdiction by the Authority.

(b) Notwithstanding anything contained in this Section to the contrary, (1) failure

by a Member Jurisdiction to pay when due any payment required to be made under this

Agreement (other than payments due pursuant to Section 4.1©) or (2) failure by a Member

Jurisdiction to observe and perform any covenant, condition or agreement on its part to be

observed or performed under this Agreement. either of which results from failure of such

Member Jurisdiction to appropriate moneys for such purposes shall not constitute a

Member Jurisdiction Default. Upon any such failure to appropriate, the provisions of

Section 8.4(b) shall be applicable.

Section 8.3 Remedies of Member Jurisdictions.

Upon the occurrence of an Authority Default, any of the Member Jurisdictions, after

giving notice of such Authority Default to all parties, may bring suit by mandamus or other

appropriate proceeding to require the Authority to perform its duties under this Agreement

or to enjoin any acts in violation of this Agreement.

Section 8.2 Default by Member Juri

ns.

(a) The occurrence of any one or more of the following events will constitute an “Event of Default” by any Member Jurisdiction (“Menber Jurisdiction Default”):

(1) failure of any of the Member Jurisdictions to make payments of Facilities Charges or Per Diem Premium when due;

(2) failure of any of the Member Jurisdictions to make payments based on the Non-Member Per Diem Rate when due, if applicable;

(3) any of the Member Jurisdictions, for any reason, being rendered incapable of fulfilling its obligations under this Agreement; or

(4) any proceeding is instituted, with the consent or acquiescence of any of the Member Jurisdictions, for the purpose of effecting a composition between such Member Jurisdiction and its creditors or for the purpose of adjusting the claims of such creditors pursuant to any federal or state statute now or hereafter enacted, if the claims of such creditors are under any circumstances payable from the finds of such Member Jurisdiction; or

(5) any of the Member Jurisdictions defaults in the due and punctual performance of any of the other covenants, conditions, agreements and provisions contained in this Agreement, and the default continues for thirty days after written notice specifying the default and requiring it to be remedied has been given to such Member Jurisdiction by the Authority.

(b) Notwithstanding anything contained in this Section to the contrary, (1) failure by a Member Jurisdiction to pay when due any payment required to be made under this Agreement (other than payments due pursuant to Section 4.1©) or (2) failure by a Member Jurisdiction to observe and perform any covenant, condition or agreement on its part to be observed or performed under this Agreement. either of which results from failure of such Member Jurisdiction to appropriate moneys for such purposes shall not constitute a Member Jurisdiction Default. Upon any such failure to appropriate, the provisions of Section 8.4(b) shall be applicable.

Section 8.3 Remedies of Member Ju

ictions.

Upon the occurrence of an Authority Default, any of the Member Jurisdictions, after giving notice of such Authority Default to all parties, may bring suit by mandamus or other appropriate proceeding to require the Authority to perform its duties under this Agreement or to enjoin any acts in violation of this Agreement.

Section 8.4 Remedies of Authority.

(a) Upon the occurrence of a Member Jurisdiction Default, the Authority, after

giving notice of such Member Jurisdiction Default to all parties, may bring suit by

mandamus or other appropriate proceeding to require the defaulting Member Jurisdiction

to perform its duties under this Agreement or to enjoin any acts in violation of this

Agreement. The Authority may also refuse to accept Prisoners from such defaulting

Member Jurisdiction until the default has been cured.

(b) If by June 30th of any Fiscal Year the governing body of a Member Jurisdiction

has failed to appropriate moneys sufficient for the payment in the following Fiscal Year of

its (i) Facilities Charges pursuant to the provisions of Section 4.1(a)(2); and (ii) any other

amounts due pursuant to the provisions Section 4.1(a)(4), the Chief Executive Officer of

such Member Jurisdiction shall give notice to the Authority and the trustee under the

Indenture of such failure within five (5) business days thereafter, and if no such

appropriation has been made by the following July 15, the Authority may declare due and

payable the Member Jurisdiction’s proportionate share of the costs of the Jail Facilities

financed with Bonds or other indebtedness, such proportionate share of costs to be

determined as set forth in Section 5.8(a)(2), provided; however, such share shall be subject

to annual appropriation by the governing body of such Member Jurisdiction. The Authority

may also refuse to accept Prisoners from any Member Jurisdiction which fails to

appropriate sums sufficient to meet its obligations under this Agreement.

Section 8.5 Remedies Not Exclusive.

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 hereafter existing at law, in equity or

by statute.

ARTICLE IX

MISCELLANEOUS

Section 9.1 Severability of Invalid Provisions.

If any clause, sentence, provision or section of this Agreement is held to be illegal

or invalid by any Court, the invalidity of the clause, sentence, provision or section will not

affect any of the remaining clauses, sentences, provisions or sections, and this Agreement

will be construed and enforced as if the illegal or invalid clause, sentence, provision or

section had not been contained in it.

Section 8.4 Remedies of Authority.

(a) Upon the occurrence of a Member Jurisdiction Default, the Authority, after giving notice of such Member Jurisdiction Default to all parties, may bring suit by mandamus or other appropriate proceeding to require the defaulting Member Jurisdiction to perform its duties under this Agreement or to enjoin any acts in violation of this Agreement. The Authority may also refuse to accept Prisoners from such defaulting Member Jurisdiction until the default has been cured.

(b) If by June 30th of any Fiscal Year the governing body of a Member Jurisdiction has failed to appropriate moneys sufficient for the payment in the following Fiscal Year of its (i) Facilities Charges pursuant to the provisions of Section 4.1(a)(2); and (ii) any other amounts due pursuant to the provisions Section 4.1(a)(4), the Chief Executive Officer of such Member Jurisdiction shall give notice to the Authority and the trustee under the Indenture of such failure within five (5) business days thereafter, and if no such appropriation has been made by the following July 15, the Authority may declare due and payable the Member Jurisdiction’s proportionate share of the costs of the Jail Facilities financed with Bonds or other indebtedness, such proportionate share of costs to be determined as set forth in Section 5.8(a)(2), provided; however, such share shall be subject to annual appropriation by the governing body of such Member Jurisdiction. The Authority may also refuse to accept Prisoners from any Member Jurisdiction which fails to appropriate sums sufficient to meet its obligations under this Agreement.

Section 8.5 Remedies Not Exclusive,

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 hereafter existing at law, in equity or by statute.

ARTICLE IX MISCELLANEOUS

Section 9.1 Severability of Invalid Provisions.

If any clause, sentence, provision or section of this Agreement is held to be illegal or invalid by any Court, the invalidity of the clause, sentence, provision or section will not affect any of the remaining clauses, sentences, provisions or sections, and this Agreement will be construed and enforced as if the illegal or invalid clause, sentence, provision or section had not been contained in it.

Section 9.2 Notices.

Any notice or other communication under or in connection with this Agreement

shall be in writing and shall be effective when delivered in person or sent in the United

States mail postage prepaid, to the following persons and addresses or to such other persons

and addresses as any of such persons may from time to time specify in writing.

If to the Authority:

Stephen Clear, Superintendant

Southwest Virginia Regional Jail Authority

15205 Joe Derting Drive

Abingdon, VA 24210

If to Buchanan County:

County Administrator

P.O. Drawer 950

Grundy, Virginia 24614

If to Dickenson County:

County Administrator

P.O. Box 1098

Clintwood, Virginia 24228

If to Lee County:

County Administrator

P.O. Box 367

Jonesville, Virginia 24263

If to Russell County:

County Administrator

121 F. Main Street

Lebanon, VA 24266

Section 9.2 Notices,

Any notice or other communication under or in connection with this Agreement shall be in writing and shall be effective when delivered in person or sent in the United States mail postage prepaid, to the following persons and addresses or to such other persons and addresses as any of such persons may from time to time specify in writing.

If to the Authority:

Stephen Clear, Superintendant Southwest Virginia Regional Jail Authority 15205 Joe Derting Drive Abingdon, VA 24210

If to Buchanan County: County Administrator

P.O. Drawer 950

Grundy, Virginia 24614

If to Dickenson County: County Administrator

P.O. Box 1098

Clintwood, Virginia 24228

If to Lee County:

County Administrator

P.O. Box 367

Jonesville, Virginia 24263

Tf to Russell County:

County Administrator

121 F. Main Street Lebanon, VA 24266

If to Scott County:

County Administrator

190 Beech Street, Suite 201

Gate City, Virginia 24251

If to Smyth County:

County Administrator

121 Bagley Circle, Suite 100

Marion, Virginia 24354

If to Tazewell County:

County Administrator

108 E. Main St

Tazewell, VA 24651

If to Washington County:

County Administrator

205 Academy Drive

Abingdon, Virginia 24210

If to Wise County:

County Administrator

P.O. Box 570

Wise, Virginia 24293

If to the City of Norton:

City Manager

P.O. Box 618

Norton, Virginia 24273

If to Scott County:

County Administrator

190 Beech Street, Suite 201 Gate City, Virginia 24251

If to Smyth County:

County Administrator

121 Bagley Circle, Suite 100 Marion, Virginia 24354

If to Tazewell County: County Administrator

108 E. Main St Tazewell, VA 24651

If to Washington County: County Administrator

205 Academy Drive Abingdon, Virginia 24210 If to Wise County: County Administrator P.O. Box 570

Wise, Virginia 24293

Tf to the City of Norton: City Manager

P.O. Box 618 Norton, Virginia 24273

If to the City of Bristol

City Manager

300 Lee Street

Bristol, VA 24201

Section 9.3 Execution of Agreement.

This Agreement may be executed in counterparts, each of which shall be deemed

to be an original having identical legal effect.

Section 9.4 Governing Law.

This Agreement shall be governed by and construed and enforced in accordance

with, the laws of the Commonwealth of Virginia.

Section 9.5 Amendments.

This Agreement may be changed or amended only with the consent of the Authority

and each of the Member Jurisdictions. After the issuance of the Bonds, no such change or

amendment shall be effective which would cause a violation of any provision of any

resolution, indenture or agreement pursuant to which the Bonds or other temporary or

permanent financing for the Jail Facilities are issued or obtained by the Authority.

Section 9.6 Effective Date of Agreement.

This Agreement will be effective from the date of its execution and delivery by all

of the Member Jurisdictions and the Authority.

Section 9.7 Waiver.

Any waiver by any party of its rights under this Agreement must be in writing and

will not be deemed a waiver with respect to any matter not specifically covered. Nothing

in this Agreement authorizes the waiver of any Member Jurisdiction’s obligation to make

payments when due of all monies required to be paid by the Member Jurisdictions under

the terms of this Agreement.

[Signature pages follow]

If to the City of Bristol

City Manager 300 Lee Street Bristol, VA 24201

Section 9.3 Execution of Agreement.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original having identical legal effect.

Section 9.4 Governing Law.

This Agreement shall be governed by and construed and enforced in accordance with, the Jaws of the Commonwealth of Virginia.

Section 9.5 Amendments.

This Agreement may be changed or amended only with the consent of the Authority and each of the Member Jurisdictions. After the issuance of the Bonds, no such change or amendment shall be effective which would cause a violation of any provision of any resolution, indenture or agreement pursuant to which the Bonds or other temporary or permanent financing for the Jail Facilities are issued or obtained by the Authority.

Section 9.6 Effective Date of Agreement.

This Agreement will be effective from the date of its execution and delivery by all of the Member Jurisdictions and the Authority.

Section 9.7 Waiver.

Any waiver by any party of its rights under this Agreement must be in writing and will not be deemed a waiver with respect to any matter not specifically covered. Nothing in this Agreement authorizes the waiver of any Member Jurisdiction’s obligation to make payments when due of all monies required to be paid by the Member Jurisdictions under the terms of this Agreement.

[Signature pages follow]

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed

as of the date above written.

SOUTHWEST VIRGINIA REGIONAL JAIL

AUTHORITY

BY:__________________________________

CHAIRMAN

COUNTY OF BUCHANAN

BY:___________________________________

CHAIRMAN

  COUNTY OF DICKENSON 





   BY:___________________________________ 

  CHAIRMAN 



   COUNTY OF LEE 





   BY:_________________________________ 

  CHAIRMAN 





   COUNTY OF RUSSELL 





   BY:_________________________________ 

  CHAIRMAN

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date above written.

SOUTHWEST VIRGINIA REGIONAL JAIL AUTHORITY

BY:

CHAIRMAN

COUNTY OF BUCHANAN

BY:

CHAIRMAN

COUNTY OF DICKENSON

BY:

CHAIRMAN

COUNTY OF LEE

BY: CHAIRMAN

COUNTY OF RUSSELL

BY: CHAIRMAN

   COUNTY OF SCOTT 





   BY:__________________________________ 

  CHAIRMAN 



   COUNTY OF SMYTH 





   BY:___________________________________ 

  CHAIRMAN 



 

COUNTY OF TAZEWELL 





BY:___________________________________ 

   CHAIRMAN 



   COUNTY OF WASHINGTON 





   BY:___________________________________ 

  CHAIRMAN

COUNTY OF WISE

BY:___________________________________

CHAIRMAN

CITY OF NORTON

BY:___________________________________

MAYOR

CITY OF BRISTOL

BY:___________________________________

MAYOR

COUNTY OF SCOTT

BY:

CHAIRMAN,

COUNTY OF SMYTH

BY:

CHAIRMAN

COUNTY OF TAZEWELL

BY:

CHAIRMAN,

COUNTY OF WASHINGTON

BY:

CHAIRMAN

COUNTY OF WISE

BY:

CHAIRMAN

CITY OF NORTON

BY:

MAYOR

CITY OF BRISTOL,

BY:

MAYOR

TABLE OF CONTENTS

ARTICLE I DEFINITIONS

ARTICLE II CONSTRUCTION AND FINANCING 4

Section 2.1 Construction of Jail 7

Section 2.2 Permits 7

Section 2.3 Jail Facilities: Agreement to Finance 8

ARTICLE III PROVISIONS OF SERVICE, OPERATION AND MAINTENANCE 8

Section 3.1 Acceptance of Prisoners 8

Section 3.2 Commitment of Prisoners 9

Section 3.3 Transportation of Prisoners 10

Section 3.4 Operation and Maintenance 10

Section 3.5 Insurance 10

Section 3.6 Annual Report 10

Section 3.7 Annual Budget 11

Section 3.8 Books and Records; Fiscal Agent 11

Section 3.9 Preliminary Responsibilities 12

Section 3.10 Annual Per Diem Rate Calculation 12

ARTICLE IV PAYMENTS 12

Section 4.1 Payments from Member Jurisdictions 12

Section 4.2 Payments from other Jurisdictions 15

Section 4.3 Operating Reserve Fund and Debt Service Reserve Fund 16

Section 4.4 Commonwealth Reimbursement Grants 16

Section 4.5 Limitation of Liability 16

Section 4.6 Paragraph Reserved 16

Section 4.7 Payments and Contributions by City of Bristol 16

ARTICLE V ADDITIONAL AGREEMENTS 17

Section 5.1 Sale or Other Conveyance 17

Section 5.2 Further Documents and Data 17

Section 5.3 Right to Access 18

Section 5.4 Confidentiality 18

Section 5.5 Notification 18

Section 5.6 Tax-Exemption Covenant; Continuing Disclosure 18

Section 5.7 Additional Members 19

Section 5.8 Withdrawal of Membership 19

Section 5.9 Preferential Hiring 19

ARTICLE VI REPRESENTATIONS, WARRANTIES AND COVENANTS

OF AUTHORITY 20

Section 6.1 Organization, Authorization and Validity 20

Section 6.2 Authority 20

Section 6.3 Non-Contravention 20

Section 6.4 Litigation 21

Section 6.5 Approvals 21

ARTICLE I ARTICLE II Section 2.1 Section 2.2 Section 2.3 ARTICLE III Section 3.1 Section 3.2 Section 3.3 Section 3.4 Section 3.5 Section 3.6 Section 3.7 Section 3.8 Section 3.9 Section 3.10 ARTICLE IV Section 4.1 Section 4.2 Section 4.3 Section 4.4 Section 4.5 Section 4.6 Section 4.7 ARTICLE V Section 5.1 Section 5.2 Section 5.3 Section 5.4 Section 5.5 Section 5.6 Section 5.7 Section 5.8 Section 5.9 ARTICLE VI

Section 6.1 Section 6.2 Section 6.3 Section 6.4 Section 6.5

TABLE OF CONTENTS

DEFINITIONS

CONSTRUCTION AND FINANCING Construction of Jail

Permits

Jail Facilities: Agreement to Finance PROVISIONS OF SERVICE, OPERATION AND MAINTENANCE 8

out e

Acceptance of Prisoners 8 Commitment of Prisoners 9 Transportation of Prisoners 10 Operation and Maintenance 10 Insurance 10 Annual Report 10 Annual Budget rT Books and Records; Fiscal Agent 1 Preliminary Responsibilities 12 Annual Per Diem Rate Calculation 12 PAYMENTS, 12 Payments from Member Jurisdictions 12 Payments from other Jurisdictions 15 Operating Reserve Fund and Debt Service Reserve Fund 16 Commonwealth Reimbursement Grants 16 Limitation of Liability 16 Paragraph Reserved 16 Payments and Contributions by City of Bristol 16 ADDITIONAL AGREEMENTS, 17 Sale or Other Conveyance 17 Further Documents and Data 17 Right to Access 18 Confidentiality 18 Notification 18 Tax-Exemption Covenant; Continuing Disclosure 18 Additional Members 19 Withdrawal of Membership 19 Preferential Hiring 19 REPRESENTATIONS, WARRANTIES AND COVENANTS,

OF AUTHORITY 20 Organization, Authorization and Validity 20 Authority 20 Non-Contravention 20 Litigation 21

Approvals 21

ARTICLE VII REPRESENTATIONS, WARRANTIES AND COVENANTS

OF MEMBER JURISDICTIONS 21

Section 7.1 Organization, Authorization and Validity 21

Section 7.2 Authority 21

Section 7.3 Non-Contravention 21

Section 7.4 Litigation 21

ARTICLE VIII DEFAULTS AND REMEDIES 22

Section 8.1 Default by Authority 22

Section 8.2 Default by Member Jurisdictions 23

Section 8.3 Remedies of Member Jurisdictions 23

Section 8.4 Remedies of Authority 24

Section 8.5 Remedies Not Exclusive 24

ARTICLE IX MISCELLANEOUS 24

Section 9.1 Severability of Invalid Provisions 24

Section 9.2 Notices 25

Section 9.3 Execution of Agreement 27

Section 9.4 Governing Law 27

Section 9.5 Amendments 27

Section 9.6 Effective Date of Agreement 27

Section 9.7 Waiver 27

ARTICLE VII REPRESENTATIONS, WARRANTIES AND COVENANTS OF MEMBER JURISDICTIONS

Section 7.1 Organization, Authorization and Validity

Section 7.2 Authority

Section 7.3 Non-Contravention

Section 7.4 Litigation

ARTICLE VIIIDEFAULTS AND REMEDIES

Section 8.1 Default by Authority

Section 8.2. Default by Member Jurisdictions

Section 8.3. Remedies of Member Jurisdictions

Section 8.4 Remedies of Authority

Section 8.5 Remedies Not Exclusive

ARTICLE IX MISCELLANEOUS

Section 9.1 Severability of Invalid Provisions

Section 9.2 Notices

Section 9.3. Execution of Agreement

Section 9.4 Governing Law

Section 9.5 Amendments

Section 9.6 Effective Date of Agreement

Section 9.7 Waiver

21 21 21 21 21 22 22 23 23 24 24 24 24 25 27 27 27 27 27

Amended and Restated Support Agreement dated as of June 1, 2020 (the “Loca! Support Agreement”) between the County, the Authority and VRA pursuant to the contribution formula

provided in the Service Agreement; and

WHEREAS, the City Council (the “City Council”) of the City of Bristol, Virginia (“Bristol”) has determined that the most cost-effective method to finance its jail facility needs is to join the Authority as a member jurisdiction and access the Regional Jail as a full member and has requested the same of the Authority; and,

WHEREAS, pursuant to the Service Agreement, consent from each of the existing Member Jurisdictions is required for the joinder of a new member and any related amendment to the Service Agreement in connection therewith and, pursuant to the 2013 Local Bond Sale and Financing Agreement and 2020 Local Bond Sale and Financing Agreement, written consent from VRA is required for the same; and,

WHEREAS, the Authority at its regular meeting on October 19, 2021, approved the joinder of Bristol as a Member Jurisdiction, the execution and delivery of the Second Amended Service Agreement (the “Second Amended Service Agreement”) amending and restating the Service Agreement to provide that Bristol receive the services and payments pursuant to the formula set forth in the Second Amended Service Agreement and the execution and delivery of the Bristol Support Agreement to secure Bristol’s share of debt service payments under the 2013 Bond and the 2020 Bond; and,

WHEREAS, the Second Amended Service Agreement is intended to include Bristol as a Member Jurisdiction of the Authority and does not disrupt, disturb, or otherwise impair the provisions of the Service Agreement which was used to secure the 2013 Bond and 2020 Bond.

BE IT RESOLVED, by the Board of Supervisors of Russell County, Virginia (the “County”), subject to compliance with the 2013 Local Bond Sale and Financing Agreement and the 2020 Local Bond Sale and Financing Agreement and the written consent of VRA, to-wit:

The joinder or addition of Bristol to the Authority pursuant to Va. Code § 53.1- 95.5 as a Member Jurisdiction is hereby approved.
Bristol shall have three (3) representatives to the Authority, to-wit: the Sheriff of Bristol and two members appointed by the City Council of Bristol. The total representation of the Member Jurisdictions shall be thirty-three (33). The initial representatives from Bristol shall be:

Tyrone Foster, Sheriff of Bristol, 417 Cumberland Street, Bristol, VA 24201;

Randall C. Eads, City Manager of Bristol, 300 Lee Street, Bristol, VA 24201; and

Anthony Farnum, Mayor of Bristol, Bristol, VA 24201.

Amended and Restated Support Agreement dated as of June 1, 2020 (the “Local Support Agreement”) between the County, the Authority and VRA pursuant to the contribution formula provided in the Service Agreement; and

95.5 as a Member Jurisdiction is hereby approved.

Bristol shall have three (3) representatives to the Authority, to-wit: the Sheriff of Bristol and two members appointed by the City Council of Bristol. The total representation of the Member Jurisdictions shall be thirty-three (33). The initial representatives from Bristol shall be:

‘Tyrone Foster, Sheriff of Bristol, 417 Cumberland Street, Bristol, VA 24201; Randall C. Eads, City Manager of Bristol, 300 Lee Street, Bristol, VA 24201; and

Anthony Farnum, Mayor += of_—=Bristol, Bristol, VA 24201.

CERTIFICATION

The members of the Board of Supervisors of Russell County, Virginia voted as follows on the adoption of this Resolution on this 3Aday of January, 2022:

AYES NAYS ABSENT ABSTENTIONS

7 O

APPROVED:

  t, County Administrator Board of Supervisors

ounty, Virginia

CERTIFICATION

‘The members of the Board of Supervisors of Russell County, Virginia voted as follows on the adoption of this Resolution on this 3A’4ay of January, 2022:

AYES Ni ABSENT ABSTENTIONS

7 OO

APPROVED:

, County Administrator Board of Supervisors ‘ounty, Virginia

DOC Inmate

Population

1 Year

12/26/2022

DOC Inmate

Population

2 Year

12/26/2022 Nov-22

AVG Local

ADP

07/01/2022-

11/30/2022

FY2023

Budget

Bristol 33 17 147.07 162.93 190

Buchanan 15 9 129.17 129.08 121

Norton 0 1 9.08 10.7 9

Dickenson 8 6 53.75 56.27 75

Lee 20 6 114.56 115.04 120

Russell 22 10 101.93 117.53 160

Scott 16 13 124.11 126.36 173

Smyth 15 11 118 119.83 117

Tazewell 27 10 234.43 245.95 270

Washington 35 21 167.25 164.3 223

Wise 11 8 150.12 153.6 156

Totals 202 112 1349.47 1401.59 1614

Federal Inmates - VA 46

Federal Inmates - TN 105

Southwest Virginia Regional Jail Authority

Inmate Population

Tracy Highlight

Southwest Virginia Regional Jail Authority

Inmate Population

DOC Inmate] DOC Inmate AVG Local Population | Population ‘ADP 1Year 2Year 07/01/2022] FY2023

12/26/2022| 12/26/2022 Nov-22 _ |11/30/2022| Budget Bristol 33 17) 147.07| 162.93] 190] Buchanan 15 9 129.17] 129.08] 123] Norton | Hl 9.08) 107 9] Dickenson, a G 53.75] 56.27] 75 Lee 20} G 1456f 115.04] 120] Russell 22| ot) 101.93[ 117.53 160] Scott 16] 13 124.11] 126.36] 173] [Smyth 15 Ft iis[ 119.83] 117] Tazewell 27| 10 234.43[ 245.95 270] Washington 35] 21] 167.25] 164.3] 223] Wise ay a 150.12| 153.6 156] Totals 202] 112| 1349.47] 1401.59] 1614 Federal Inmates - VA 46 Federal Inmates - TN 105

Mar-21

Mar 2021

Less DOC

Inmates (2

Years+)

Difference

152.17 0.082888 130.07 0.10510962 (0.02222)

19.36 0.010546 120.17 0.09710942 (0.08656)

87.52 0.047673 8.08 0.00652945 0.04114

145.06 0.079016 47.75 0.03858679 0.04043

188.13 0.102476 108.56 0.08772738 0.01475

198.71 0.108239 91.93 0.07428867 0.03395

190.33 0.103675 111.11 0.08978804 0.01389

322.39 0.175609 107 0.08646674 0.08914

343.62 0.187173 224.43 0.18136197 0.00581

188.55 0.102705 146.25 0.11818468 (0.01548)

142.12 0.11484723

1835.84 1 1237.47 1

Mar-21 152.17 19.36 87.52 145.06 188.13 198.71 190.33 322.39 343.62 188.55

1835.84

0.082888 0.010546 0.047673 0.079016 0.102476 0.108239 0.103675 0.175609 0.187173 0.102705

Mar 2021 Less DOC

Inmates (2 Years+)

130.07 0.10510962 120.17 0.09710942

8.08 0,00652945 47.75 0.03858679 108.56 0.08772738 91.93 0.07428867 111.11 0.08978804

107 0.08646674 224.43 0.18136197 146.25 0.11818468 142.12 011484723

1237.47 1

Difference

(0.02222) (0.08656) 0.04114 0.04043 0.01475 0.03395 0.01389 0.08914 0.00581 (0.01548)

Board of Supervisors Action Item D-5

137 Highland Drive Presenter: Chairperson Lebanon, VA 24266

     Meeting: 1/3/23      6:00 PM

Russell County Government Center

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

Approval of Pre-Authorized Expenditures

Request authorization of the County’s 2023 Pre-Authorized Payment of Monthly Expenditures:

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

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

STAFF RECOMMENDATION(s):
Board Discretion.

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

ATTACHMENTS:

• None

Tracy Highlight

Board of Supervisors Action Item D-5

137 Highland Drive Presenter: Chairperson Lebanon, VA 24266

Meeting: 1/3/23 6:00 PM

The list of general expenditures the Board approves annually to ensure the County complies with the Virginia Procurement Act which requires all expenditures to be within

30 days or within the terms of the contracts. The expenditures are monthly operational expenditures or approved contracts:

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

STAFF RECOMMENDATION(s): Board Discretion.

SUGGESTED MOTION(s):

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

ATTACHMENTS:

None

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

Tracy Highlight

“This informational packet is regarding decking at the Glade Hollow Ballpark. Attached you will find:

** Preliminary replacement plans.

“2 cost estimates attached from Lebanon Block and Lowe’s.

DECK INFORMATION:

e Small Portion of decking in front of bathrooms o 32’ Long & 4’ Wide

e Large portion of decking in front of concessions & bathrooms o 72’ Long &8’ Wide

« Concrete walkway section o $2’ Long & 28" Wide

‘@ye10U09

Qoox. 6 o<———

307 Bupped

3LAYDNOD.

% i

we.

wy auox_zo.

GLE

BBS)

a1al4 Tivaasva

RESOLUTION

BOARD OF SUPERVISORS

RUSSELL COUNTY

RELATING TO THE SUPPORT OF THE VIRGINIA AMERICA 250 COMMISSION RECITALS:

A. The Board of Supervisors of Russell County is dedicated to the furtherance of economic development and tourism in Russell County.

B. The Virginia America 250 Commission (VA250) was created in 2020 by the General Assembly for the purpose of preparing for commemorating the 250th anniversary of Virginia’s participation in American independence

C. VA250 has requested that each locality form a committee to aid in planning for the commemoration period.

WHEREAS, Russell County will form a local VA250 committee;

WHEREAS, the committee will coordinate programs occurring within the locality and communicate regularly with VA250;

WHEREAS, the Board of Supervisors wishes to undertake this endeavor with VA250 to promote and commemorate this important historic milestone.

NOW, THEREFORE, BE IT RESOLVED BY THE RUSSELL COUNTY BOARD OF SUPERVISORS:

The Board of Supervisors hereby desires to support the Virginia American 250 Commission and their efforts to commemorate the 250th anniversary of Virginia’s participation in American independence.
Russell County will form a committee to aid in the planning for the commemoration period.

ADOPTED on the 3rd day of January, 2023

  Lou Ann Wallace

Chair of the Board of Supervisors

(SEAL)

Lonzo Lester

County Administrator

Tracy Highlight

‘A. The Board of Supervisors of Russell County is dedicated to the furtherance of economic development and tourism in Russell County,

B. The Virginia America 250 Commission (VA250) was created in 2020 by the General ‘Assembly for the purpose of preparing for commemorating the 250" anniversary of Virginia’s participation in American independence

C. VA250 has requested that each locality form a committee to aid in planning for the ‘commemoration period.

WHEREAS, Russell County will form a local VA25S0 committee;

WHEREAS, the committee will coordinate programs occurring within the locality and communicate regularly with VA250;

WHEREAS, the Board of Supervisors wishes to undertake this endeavor with VA250 to promote and commemorate this important historic milestone.

NOW, THEREFORE, BE IT RESOLVED BY THE RUSSELL COUNTY BOARD OF SUPERVISORS:

The Board of Supervisors hereby desires to support the Virginia American 250 Commission and their efforts to commemorate the 250" anniversary of Virginia’s

participation in American independence. 2. Russell County will form a committee to aid in the planning for the commemoration period.

ADOPTED on the 3° day of January, 2023

Lou Ann Wallace Chair of the Board of Supervisors (SEAL)

Lonzo Lester

County Administrator

Shiloh Lyttle Tourism Coordinator/Director Office Phone: (276)344-8504

Cell Phone: (276)880-5728 COUNTY Email; [email protected] VIIRIGINIAY

Russell County Tourism BOS Report December 2022 Events December 5"; Lebanon Christmas Parade December 6": Cleveland Christmas Parade December 10"; Lebanon Christmas Bike Night December 10": Western Front ~ Grinch Night

December 10": Dante Christmas Parade

December 25" Christmas Day December 31*: Russell County Red Carpet New Year’s Eve

January 8": Old Christmas ~The Old Christmas will be a wonderful event for the county to feature the historic location at the Old Russell Courthouse and Dickson — Bundy Craft House. We plan on also having Shane and Melody from the YouTube channel RealAppalachia, come to feature the location (hopefully) on their YouTube channel. I encourage you to check out their page which has some wonderful content featuring some Russell County locations including Honaker and Dante. (Flyer Included)

ARPA Update.

After a discussion with VTC and Tourism Advisory Committee, there was a decision made to utilize the funds to create an adventure guide for Russell County. The guides will be featuring outdoor recreation, family adventures, itineraries, and more highlighting our tourism assets. The adventure guides will be in a magazine format with attractive graphics.

Including the adventure guide, we have also decided to schedule with a local photographer to get some high-quality and definition photographs taken throughout the county to be included in our adventure guide and used in social & print media campaigns as well. Imet with Preston Ball and received a quote from him. I have also met with Cory Parker from MountainCap Media, he specializes in drone footage, I am still waiting for a quote from him. I will also be reaching out to Billing Bowlings, to get a quote as well.

During this process, I have also researched pricing on magazine advertisements including Blue Ridge Outdoors, Visit Virginia, etc. to also add to our ARPA plan as well.

Shiloh Lyttle

‘Tourism Coordinator/Director Office Phone: (276)344-8504 Cell Phone: (276)880-5728 COUNTY Email: [email protected] VIRGINIA

Social Media & Webpage

Over the past month, we have had a strong presence on social media including Facebook, Instagram, & YouTube. I reached out to the Real Appalachia YouTubers, they are great locals to the region out of Honaker and Richlands they go around and represent historical locations throughout SWVA, Eastern Kentucky, Eastern Tennessee, & Southern West Virginia. 1 discussed with them about us sharing their videos on Russell County on our YouTube channel, as well as our other social media pages,

Facebook Data November 21“ — December 18" People Reached — 13,784 Post Engagements ~ 4,408 Page Likes ~39 Webpage Page Visits Increased ~ averaging 101 visitors Virginia — 64 Georgia ~7 New vs. Returning Visitors 99% -New 1% - Returning

Subcommittee Interest Meeting

The date is set for January 19" at 6 PM. ‘The meeting is meant to share with interested community members the ongoings of tourism and opportunities to contribute to different areas of tourism within the county. One member of the Tourism Advisory Committee or Ex-Officio will serve as chair of the subcommittees, they will then be instructed to report any updates to the official committee at regular meetings.

Current Subcommittees (7)

Media Marketing, Agritourism, Outdoor Adventure, Events, Historic, Youth Engagement, and Fundraising/Grants

Shiloh Lyttle

Tourism Coordinator/Director

Office Phone: (276)344-8504

Cell Phone: (276)880-5728 COUNTY Email: [email protected] VIRGINIA

Fish Virginia First

I was contacted by Cora Gnegy who works with Fish VA 1*, and I will be working with her to make sure our page and blogs on the page will be up to date. We will continue to make sure the website will feature the county, and how we get some more blog posts put together.

Hancock/Meade Mansion

‘The Hancock/Meade Mansion in Castlewood, VA has been worked on and developed into a Bed & Breakfast. The current owners are working on the developments. I have met with the owners, and I will be working with them on social media promotions and page development.

New Business Opening

Curklin’s is in the Old Mill in Lebanon, VA. I will be reaching out to the owners for a partnership with Russell County Tourism,

Tourism Advisory Committee Meeting — January 17, 2022

TAC will have its next official meeting on January 17°, 2022

Shiloh Lyttle

‘Tourism Coordinator/Director Office Phone: (276)344-8504 Cell Phone: (276)880-5728

Email: [email protected]

RUSSELL COU Na HISTORIC SOCTETY BRE SENT S

Ole” ristmas.<:

S os ft) 1 ayiel onlin Yh he past with stories and

trad ON Of how v Christinas used to

RUSSELL COUNTY CONFERENCE CENTER

December 1, 2022

“The following is a list of the Russell County Conference Center events for the month of December.

Date Event Event Type Spaco 1201122 Veritas Bingo Fundraiser Community Ful Jodi Campbell Event $135

203/22 CWA Christmas Party Individual Full Hannah Long Event $135

12108122 UMWA Christmas Dinner Individual Full Belly Dingus Event $12

12106122 4-H Awards Banquet Community Fal Ashley Clark Event $0

1207122 Clinch River State Park Stakeholder Master Plan Individual Full Meeting Event $135

Scott Bowen

120722 IDA Meeting Individual Full Emie McFadden Event $80

Date Event Event Type Space 12108122 Social Service Christmas Dinner Individual Full Will Jessee Event $135

senor Family Christmas Dinner Individual Full Jimmie Perkins Event $125

12112122 Woodmen Life Christmas Party Individual Full Bonnie MeGiothlin Event $136

12/13/22 Russell County Cattleman Association Individual Half Scott Jessee Event $136

12nnai22 ‘WB Christmas Dinner Individual Full Pam Rattff Event $190

1215122 Lebanon Christmas Spectacular ‘Community Full Aaron Bostic Event $125

1216122 UMWA Christmas Dinner Community Full Kelly Smith Event $136

12120122 Russell County Farm Bureau Christmas Dinner Individual Full Nova Wallace Event $210

Date Event Event Type Space 12123122 Discovery Daycare Christmas Dinner Individual Full Alyssa Potts Event $135

12/24/22 Family Christmas Dinner Individual Full Barbara Altizer Event $125

12-29-22 50” Birthday Party Individual Full Kolby Thomas Event $125

12.30.22 Russell County Chamber of Commerce Community Full ‘Angie Carpenter Event $0

12-31-22 Russell County of Commerce Community Full ‘Angie Carpenter Event $0

(Total: $2,570.00

$385.00

Final Total = $ 2,185.00

THE RUSSELL COUNTY TRANSPORTATION AND SAFETY COMMISSION MET AT BONANZA RESTAURANT IN LEBANON VIRGINIA ON DECEMBER 13TH 2022. NOTICE MEETING TIME HAS BEEN CHANGED BACK TO 600 PM.

MEMBERS & GUEST PRESENT GARY DOTSON EUGENE FERGUSON BARBARA COX HENRY STINSON BILL WATSON TONY MAXFIELD ~~ HENRY KINCER LINDA CROSS — CARL RHEA JOHNNY JESSEE

TIM LOVELACE

GUARD RAILS CONTRACTOR BEHIND IN BRISTOL AREA

1-GUARD RAILS REPLACED AS DAMAGED

2-RT 80 DON STEVENS DR. GUARD RAIL DAMAGED BARTONS GARAGE SUBV.

3-RT 646 JOHN SIMS HILL NEED GUARD RAIL % MILE FROM TOP OF THE HILL STARTING AT THE CURVE

4-TROUT POND ROAD NEEDS GUARD RAIL RECENT WRECK AND HISTORY OF SEVERAL WRECKS 5-COPPER RIDGE NEEDS A GUARD RAIL PLACED IN A CURVE NEAR HOUSE # 229

6-RT. 58 W AT QUARRY ROAD GUARD RAIL DAMAGED

7-RT. 19 N WAL-MART ENTERANCE GUARD RAIL DAMAGED

8-RT 82 CLEVELAND ROAD % MILE PAST SPRING CITY GUARD RAIL END CAP MISSINGCAP

9-RT 19/80 WEST GUARD RAIL DAMAGED

10-RT 58 WEST AT HAWKINS MILL GUARD RAIL

41-RT 58 WEST GUARD RAIL DAMAGED NEAR MILE MARKER 67.4 IN A STEEPE CURVE

12- RT- 58 EAST GUARD RAIL DAMAGED NEAR MILE MARKER 67.4

13-RT 58 EAST SEVERAL SECTION OF GUARD RAIL DAMAGED NEAR MILE MARKER 62.4

ALL GUARD RAILS HAVE BEEN REVIEWED AND TURNED IN

SHOULDER REPAIR AND POT HOLE

4-RT 615 GRAVEL LICK BETWEEN GOLF ENTRANCE AND THE OLD TRASH DUMP ROAD SINKING WILL PATCH WHEN ASPHALT IS AVAILABLE

2-RT-58 WEST ACROSS FROM PIZZA HUT THE DITCH NEEDS TO BE PULLED AND THE PIPE CLEARED FOR A FASTER FLOW. THE WATER IS COMING UP IN THE ROADWAY DURING HEAVY RAIN THUS CAUSING A HAZARD CONDITION ESPECIALLY DURING FREEZING WEATHER. PIPE TO BE CLEANED /VDOT

3 RT G04-IMOLLS CR. TREES HANGING OVER THE ROADWAY IN VARIOUS PLACES HINDERING TRACTOR TRAILER PASSAGE. SCHEDULED TO BE TRIMMED

4-RT 67 ABOVE THE BLOCK CHURCH IN THE NEXT CURVE ON THE SOUTH BOUND SIDE SHOULDER BREAKING OFF

5-RT 657/660 APPROXIMATELY 1000 FT FROM INTERSECTION ROAD BROKEN OFF NEAR GREEN VALLEY ESTATES. WILL SCHEDULE FOR REPAIRS

6-RT 682 DEAD AND LIVE TREES HANGING OVER THE ROAD FIRST MILE FROM RT 609 AND BRUSH FROM FALLEN TREES LAYING ALONG THE ROADWAY NEAR THE TOP NEEDS TO BE REMOVED._REMOVAL PENDING NEW CONTRACTOR

7-RT-623 BOSTIC HOLLOW OFF MILLER CREEK ROAD BREAKING OFF AT A DRAIN PIPE IN A CURVE

8RT 613 MOCCASIN VALLEY NEAR HOUSE 3951 ROAD BREAKING OFF, WILL INSTALL DEFLECTOR AND DELINATORS

9-RT 19 NORTH ON HUFFMAN HILL NEAR VICTORY BAPTIST CHURCH PASSING LANE SINKING 40RT 824 TUMBEZ HOLLOW ASK TO FINISH PAVING A SECTION THAT WAS MISSED ORGINALLY. PLAN TO REBUILD IN 2024

14- RT678 UPPER COPPER CREEK HOUSE #111 LARGE TRUCKS AND EQUIPMENT BEING PARKED IN THE DITCH PREVENTING DRAINAGE TO FLOW TO THE DITCHLINE PIPE AND CAUSING WATER AND MUD TO BUILD UP AND FLOW OUT ONTO THE ROAD. THE DRIVEWAY ENTERANCE DOES NOT HAVE A PIPE THUS BLOCKING THE DITCHLINE FLOW

12-RT 613 /612 BRUSH BLOCKING VISION AT THE INTERSECTION - 43RT 67 NEAR THE ELEMENTARY SCHOOL WATER COMING OFF GRAVEL DRIVEWAY INTO HIGHWAY

44-RT 19 NORTH NEAR SOULS HARBOR CHURCH ROAD SINKING. WILL MILL AND RESURFACE 15-RT 19 ROSEDALE DEAD TREE IN TOMMY SHRADERS YARD BLOCKING VIEW

46-RT 614 AT THE BLUFF NEEDS LINES PAINTED AND DEFLECTORS ROAD STAY FOGGY AND ICY OFTEN

17-RT- 82 NEEDS DEER CROSSING SIGN FIRST HOUSE ON THE RIGHT PAST GLADE HOLLOW 18-ARTRIP ROAD NEED TO REMOVE POSTED SIGNS OFF THE SWINGING BRIDGE

19-RT-67 NEAR PLASTERS FURNITURE LIMBS HANGING OVER THE ROAD

20-RT 658 A VEHICLE WRECKED IN THE DITCH CAUSING WATER TO RUN ONTO THE ROAD 21-RT 640/82 INTERSECTION COMING OFF RT.82 WEST ONTO 640 DIFFICULT TO SEE RIGHT SIDE OF PAVEMENT ESPECIALLY AT NIGHT

22-RT-640 NEEDS TWO CURVES SCALED BACK FIRST ONE APPROXIMATELY 1% MILE FROM RT. 82 THE SECOND NEAR BILL HONAKER HOUSE

SCHOOL BUS SAFETY AND OTHER CONCERNS 4-RT 58 EAST AT COPPER CREEK ELEMENTARY NEEDS GUARD RAIL INSTALLED BETWEEN SCHOOL ENTERANCE ROAD AND THE HIGHWAY 58

ATEMS REPORTED CORRECTED

FUTURE SUGGESTED MAJOR SAFETY PROJECTS

4-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. POSSIBLE SMART SCALE PROJECT BD. SUPRV. TO REQUEST

2-RT 19 NORTH AT THE WAL MART INTERSECTION SAFETY CAUTION AND WARNING DEVICES INSTALLED SUCH AS CONTINIOUS FLASHING LIGHT, RADAR SIGN, RUMBLE STRIPS AND EXTENDING A 45 MILE SPEED LIMIT TO TOP OF THE HILL CONTRACTOR TO INSTALL CRASH BARRELS AROUND THE CONCRETE UTILITY POLE

3-Rt. 71S/ 604 Molls Creek INTERSECTION NEEDS BANK KEPT SCALED BACK FOR BETTER VISIBILITY

4-Rt. 80 FROM THE DOUBLES TO RT.19 NEEDS A PASSING LANE INSTALLED. SMART SCALE PROJECT

5-ARTRIP RD. % MILE FROM CLEVELAND BRIDGE BANK NEEDS TO BE TAKEN OFF TO WIDEN ROADWAY. WILL REVIEW WITH RESIDENCY TWO DIFFERENT PROPERTY OWNERS

6-RT 667 CENTURY FARM RD. FIRST INTERSECTION NEEDS TO BE WIDENED HAVE HAD SEVERAL WRECKS.

7-RT 651 HUBBARD TOWN ROAD INTERSECTION ONTO NEW GARDEN ROAD NEEDS TO BE WIDENED A BLIND SPOT IN THE CURVE

UNDERLINED AND BOLD COMMENTS FROM HENRY KINCER

COMMISIOM MEMBER INFROMATION

BARBARA COX 971 1502 JOHNNY JESSEE 701 6780 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 254 3810 HENRY STINSON 873 4905 HENRY KINCER 889 7601 BILL WATSON 794 1021

NEXT MEETING WILL BE JANUARY 10™ 2023 WE THANK ALL WHO ARE INVOLVED IN KEEPING OUR ROADWAYS SAFE AND OUR GUEST PARTICAPTION

SAFETY IS A COMMITMENT!!!IHHE! PREPARED BY GARY DOTSON

Joshua Stinson

Russell County Building Official

Russell County Erosion & Sediment Inspector 137 Highland Drive Suite D

Lebanon, VA 24266

Mr. Lester,

On Dec 19, 2022 | performed an inspection on a property located at 219 Timber Scent Road, Dante, Virginia(Tax map id. 160RI2521). At first observation, the property is very accessible to the public. Some of the windows are removed and some are busted out.

| went around the property to the side and found an area that has been torn off and no evidence of the debris is visible. There is a significant amount of trash left in the areas that have been removed from the home.

At this time our office has no working permit for the site. | will be in contact with the owner to determine the final desired results of the owner.

There were reports of burning the debris, however at this time | cannot determine from the burn pile the contents of what has been burned. Brush is piled in the location at this time. Will follow up and inform you of anything further once | can get in contact with the owner.

| attached photos to the next page.

Josh Stinson Russell County Building Official

‘ia if.

3UMBERLAND PLATEAU RWMA; Vir. Toby F. Edwards, Executive Director BUCHANAN COUNTY:

Wir. Jeff Cooper Vr. Tim Hess

CUMBERLAND PLATEAU

DICKENSON COUNTY:

Mr, Damon Rasnick Mr. Ronald Peters

RUSSELL COUNTY:

Mr, Carl Rhea Mr. Tim Lovelace

Agenda

December 15, 2022 CPRWMA Board of Directors Roll Call for Quorum.

I. a) Approval of Minutes of the November 21, 2022 meeting.

Motion: Seconded:

b) Straw Poll on Insurance Release Form…

Motion: Seconded,

Ill. Administrative Business

a) Review CPRWMA Waste Stream Report November 2022…

b) Approval of the Treasurer’s Report for the month of November 2022.

Motion:, Seconded:

c) CPRWMA Attorney’s Report for November 2022.

d) Litter and Recycling Report…

IV. Old Business e Executive Director’s 2023 Health, Dental and Vision Policy…

V. New Business VI. Correspondence/Public Comment

Vil. Guest…

Mir. Justin Rodda (WM) and Mr. Brandon Monroe (CEI)

Vill. Adjournment and Next Meeting. Chair or Vice Chair conducting the meeting: Motion: Secondec Minutes submitted by: Tim Hess and Saundra Honaker

137 Highland Drive /, P.O. Box 386 Lebanon, VA 24266 Phone 276-833-5403 Email [email protected] www.cprwma.com

CUMBERLAND PLATEAU RWMA: Mr. Toby F. Edwards, Executive Director

DICKENSON COUNTY:

CUMBERLAND PLATEAU

Mr. Damon Rasnick Mr. Ronald Peters

BUCHANAN COUNTY: RUSSELL COUNTY:

Mr Jeff Cooper

Mr. Tim Hess Mr. Carl Rhea

Mr. Tim Lovelace

ili

Cumberland Plateau Regional Waste Management Authority Monthly Board Meeting Minutes November 21, 2022

Members Present: Ron Peters, Vice Chairman

Tim Hess, Secretary/Treasurer RJ. Thornbury, Legal Counsel

Tim Lovelace Saundra Honaker, Finance Officer

Jeff Cooper Michael Shields, DC Solid Waste Brandon Monroe, CEI Hauler

Absent Ron Peters (2) brothers ~ Mike & Kevin

Carl Rhea

Damon Rasnick

CALL TO ORDER: Vice-Chairman, Ron Peters, called the November 21, 2022, meeting of the Board of Directors to order at 5:35 PM in Lebanon, VA. The Pledge of Allegiance and prayer were given.

QUORUM: A quorum was established.

APPROVAL OF MINUTES: The minutes of the October 20, 2022, monthly meeting of the Board of Directors was presented for consideration, A motion was made by Tim Hess and seconded by Jeff Cooper to approve the minutes as presented, Motion was ratified, voting as follows:

‘Tim Hess- Aye ‘Tim Lovelace ~ Aye

Ron Peters - Aye Jeff Cooper — Aye

ADMINISTRATIVE BUSINESS WASTE STREAM REPORTS - October 2022: Toby Edwards reviewed the waste stream

reports. Buchanan and Russell had a slight increase and Dickenson had a slight decrease.

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 November 21, 2022 Page 2

‘TREASURER’S REPORT - October 2022: Tim Hess presented the CPRWMA ‘Treasurer’s Report, reporting the total cash balance was $93,660.51 at the end of October.

The expenses were a little high this month due to paying Waste Management for two months of fuel surcharges.

It was requested that a month-by-month expense report be included in the financial report. 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 ‘Tim Lovelace ~ Aye Ron Peters ~ Aye Jeff Cooper - Aye CPRWMA ATTORNEY’S REPORT - October 2022 Attorney, Rebecca Thornbury,

discussed issues related to extending transfer station hours. As permit holder the Authority is responsible for compliance with DEQ. Extending hours would entail DEQ approval, permit amendments, possible increase in financial assurance and all requirements imposed by law. It is likely the costs involved could outweigh the benefit. As an alternative, a convenience site could accept trash without such requirements and can be monitored by installed cameras. Some member counties currently utilize such convenience sites. Toby stated Dickenson County decided to operate a convenience site to accept trash on Saturdays.

LITTER AND RECYCLING REPORT: — Buchanan County had a recycling event and MXI

charged $127 to service the event. Dickenson County litter officer has retired, and they are only going to have one litter officer, therefore, Toby offered to help in any way he can.

OLD BUSINESS: REQUEST FROM TRANSFER STATION EMPLOYEES: The transfer station employees

had requested undershirts to wear during the winter since their shirts are short sleeved and they cannot wear a jacket as it would cover their name. Toby presented a proposal from Unifirst Uniforms, Inc, for supplying the shirts. A motion was made by ‘Tim Lovelace and seconded by Jeff Cooper to purchase five (5) shirts for each employee at a total cost of $944.55. Motion was ratified, voting as follows:

Tim Hess- Aye ‘Tim Lovelace ~ Aye

Ron Peters - Aye Jeff Cooper - Aye

NEW BUSINESS

OFFICE LEASE WITH RUSSELL COUNTY IDA: The lease agreement for the ‘Authority’s current office location was presented and reviewed. Correction is necessary on Page 3 payment of utilities. A motion was made by Tim Hess and seconded by Jeff Cooper to approve the lease agreement with the addition of language on page 3 that clarifies water/sewage are paid by Landlord. Motion was ratified, voting as follows:

Tim Hess- Aye Tim Lovelace - Aye

Ron Peters - Aye Jeff Cooper ~ Aye

Cumberland Plateau Regional Waste Management Authority Monthly Board Meeting Minutes November 21, 2022 Page 3

EXECUTIVE DIRECTOR’S 2023 HEALTH, DENTAL AND VISION POLICY: The

Anthem policy is projected to be $145.40 for the upcoming year. There was some discussion regarding whether another company could offer a policy with better deductible and coverage. A motion was made by Jeff Cooper and seconded by Ron Peters to accept the insurance quote. Motion was ratified, voting as follows:

Tim Hess- Aye ‘Tim Lovelace ~ Aye

Ron Peters - Aye Jeff Cooper - Aye

CORRESPONDENCE/PUBLIC COMMENT

VIRGINIA DEQ LETTER ON 2022 FINANCIAL ASSURANCE: A letter was included in the agenda packet to affirm the DEQ CD requirements of $44,249.96,

A motion was made by Tim Lovelace and seconded by Jeff Cooper to enter a closed meeting pursuant to Section 2,2-3711(A)(1) of the Code of Virginia to discuss personnel matters and that Toby Edwards and Saundra Honaker attend as they are deemed necessary and would aid the Board in their consideration. Motion was ratified, voting as follows:

‘Tim Hess- Aye Tim Lovelace - Aye

Ron Peters - Aye Jeff Cooper - Aye A motion was made to reconvene in open session by Jeff Cooper and seconded by Tim Lovelace. Motion was ratified, voting as follows:

Tim Hess- Aye ‘Tim Lovelace ~ Aye

Ron Peters ~ Aye Jeff Cooper - Aye Motion was made by Tim Hess and seconded by Tim Lovelace that the Board certifies that only public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act and identified in the motion authorizing the closed session were heard, discussed, or considered during the closed session pursuant to Section 2.2-3712 of the Code of Virginia. Motion was ratified, roll call voting as follows:

Tim Hess- Aye Tim Lovelace ~ Aye

Ron Peters - Aye Jeff Cooper ~ Aye

A motion was made by Tim Lovelace and seconded by Jeff Cooper to give Christmas Bonus to Executive Director in the amount of $1,250 and to Financial Officer in the amount of $400. Motion was ratified, roll call voting as follows:

Tim Hess- Aye Tim Lovelace - Aye

Ron Peters ~ Aye Jeff Cooper ~ Aye

Dickenson County has two vehicles that have been taken out of service that were originally provided to them by the CPRWMA. The Board was asked if it wants the vehicles back. A motion was made by Jeff Cooper and seconded by Tim Hess that Dickenson County keep and surplus both vehicles. Motion was ratified, voting as follows:

Tim Hess- Aye Tim Lovelace — Aye

Ron Peters ~ Abstain deff Cooper - Aye

Cumberland Plateau Regional Waste Management Authority

Monthly Board Meeting Minutes

November 21, 2022 Page 4 GUEST

Brandon Monroe with CEI said that CEI and Waste Management have been working on figures for their upcoming contract proposal that expires in October, 2023. Both will be ready for a presentation at the December meeting.

ADJOURNMENT AND NEXT MEETING

A motion was made by Tim Hess and seconded by Tim Lovelace to have at the next meeting on Thursday, December 15, 2022, at 5:30 PM at Bonanza in Lebanon, VA and to adjourn meeting at 7:05 PM. Motion was ratified, voting as follows:

Tim Hess- Aye Tim Lovelace - Aye

Ron Peters - Aye Jeff Cooper ~ Aye

Secretary /Treasurer Date

tobyedwards@bvu jet

From: Sent: To: Subject: Yay.

‘Thanks,

Tim

Tim Lovelace [email protected] Monday, December 5, 2022 11:30 AM tobyedwards@bvunet

: Re: Buchanan County Entrance Door

Sent from my iPhone

On Dec 5, 2022, at 11:25 AM, [email protected] wrote:

Dear CPRWMA Board of Directors,

{am writing you in regards to the accident that occurred on 10/20/2022 at our Buchanan County Transfer Station. One of Gardner Construction Company’s trucks had his bed up dumping debris onto the floor. Rather than lowering his bed down before exiting the building he proceeded to go out the door tearing down the big door. See attached photos of the damage.

Cincinnati Insurance Company who represents Gardner, Inc. and | have been working with our Door Company to determine the cost of repairing it. Overhead Doors, Inc. has submitted a quote for $65,530.30 to replace the Door, Header Beam, Equipment and Electrical will be done by Alderson Contractors. Cincinnati insurance Company has agreed to pay this and will write a check to the Authority in the amount of $65,530.30. Once Overhead Doors completes its work, the Authority will pay Overhead Doors.

Jam requesting a Straw Poll from the Board of Directors to Authorize me to sign the Release of

Damage form so that Cincinnatl Insurance can send us the check, Please note that Rebecca has been in

the loop and has given her approval of the release form.

| simply need a Yay or Nay from each of you. Please only reply to me with your responses.

Thanks,

Toby F. Edwards, MsED

Executive Director

Cumberland Plateau Regional Waste Management Authority 135 Highland Drive, Suite C

Lebanon, VA 24266

Telephone (276) 883-5403

Cell 276) 698-9414

www.cprwma.com

[email protected]

From: tim hess [email protected] Sent: Monday, December 5, 2022 11:30 AM To: [email protected]

Subject: Re: Buchanan County Entrance Door Yay

Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android

From: [email protected] [email protected] Sent: Monday, December 5, 2022 11:25:14 AM

To: ‘carl.shea’ [email protected]; [email protected] [email protected]; 'tim hess! [email protected]; Tim Lovelace [email protected]; ‘Damon Rasnick’ [email protected]; [email protected] [email protected]

Cc:'R Thornbury’ [email protected]; Saundra Honaker [email protected]; Craig Horn

Subject: Buchanan County Entrance Door

Dear CPRWMA Board of Directors,

11am writing you in regards to the accident that occurred on 10/20/2022 at our Buchanan County Transfer Station. One of Gardner Construction Company’s trucks had his bed up dumping debris onto the floor. Rather than lowering his bed down before exiting the building he proceeded to go out the door tearing down the big door. See attached photos of the damage.

Cincinnati insurance Company who represents Gardner, Inc. and | have been working with our Door Company to determine the cost of repairing it. Overhead Doors, Inc. has submitted a quote for $65,530.30 to replace the Door, Header Beam, Equipment and Electrical will be done by Alderson Contractors. Cincinnati Insurance Company has agreed to pay this and will write a check to the Authority in the amount of $65,530.30. Once Overhead Doors completes its work, the Authority will pay Overhead Doors.

Jam requesting a Straw Poll from the Board of Directors to Authorize me to sign the Release of Damage form so that Cincinnati Insurance can send us the check. Please note that Rebecca has been in the loop and has given her approval of the release form.

\ simply need a Yay of Nay from each of you. Please only reply to me with your responses.

Thanks,

Toby F. Edwards, MsED

Executive Director

Cumberland Plateau Regional Waste Management Authority 135 Highland Drive, Suite C

Lebanon, VA 24266

Telephone (276) 883-5403

Cell 276) 698-9414

www.cprwt

[email protected]

From: Carl Rhea [email protected] Sent: Monday, December 5, 2022 11:41 AM To: Toby Edwards

Subject: Re: Buchanan County Entrance Door

Yes

‘On Mon, Dec §, 2022, 11:25 AM [email protected] wrote:

Dear CPRWMA Board of Directors,

1am writing you in regards to the accident that occurred on 10/20/2022 at our Buchanan County Transfer Station. One of Gardner Construction Company’s trucks had his bed up dumping debris onto the floor. Rather than lowering his bed down before exiting the building he proceeded to go out the door tearing down the big door. See attached photos of the damage.

Jam requesting a Straw Poll from the Board of Directors to Authorize me to sign the Release of Damage form so that Cincinnati Insurance can send us the check, Please note that Rebecca has been in the loop and has given her approval of the release form,

| simply need a Vay or Nay from each of you. Please only reply to me with your responses.

Thanks,

Toby F. Edwards, MsED Executive Director

Cumberland Plateau Regional Waste Management Authority

[email protected]

Damon Rasnick [email protected] Monday, December 5, 2022 11:49 AM tobyedwards@bvunet

Re: Buchanan County Entrance Door

Damon

: [email protected] [email protected]

Sent: Monday, December 5, 2022 11:25 AM

To: ‘carl.rhea’ [email protected]; [email protected] [email protected]; ‘tim hess! [email protected]; Tim Lovelace [email protected]; ‘Damon Rasnick’ [email protected]; [email protected] [email protected]

Cc: 'R Thornbury’ [email protected]; Saundra Honaker [email protected]; Craig Horn [email protected]

Subject: Buchanan County Entrance Door

Dear CPRWMA Board of Directors,

Cincinnati insurance Company who represents Gardner, Inc. and | have been working with our Door Company to determine the cost of repairing it. Overhead Doors, Inc, has submitted a quote for $65,530.30 to replace the Door, Header Beam, Equipment and Electrical will be done by Alderson Contractors, Cincinnati Insurance Company has agreed to pay this and will write a check to the Authority in the amount of $65,530.30. Once Overhead Doors completes its work, the Authority will pay Overhead Doors.

lam requesting a II from the Board of Dit ithorize me to sign th se of Damage form so that

Cincinnati insurance can send us the check, Please note that Rebecca has been in the loop and has given her approval of the release form.

| simply need a Yay or Nay from each of you. Please only reply to me with your responses.

Thanks,

Toby F. Edwards, MsED

Executive Director

Cumberland Plateau Regional Waste Management Authority 135 Highland Drive, Suite C

Lebanon, VA 24266

Telephone (276) 883-5403

Cell 276) 698-9414

www.cprwma.com

[email protected]

From: Jeff Cooper [email protected] Sent: Monday, December 5, 2022 12:10 PM To: tobyedwards@bvunet

Subject: RE: Buchanan County Entrance Door yes

From: [email protected] [email protected] Sent: Monday, December 5, 2022 11:25 AM

To: ‘carl.rhea’ [email protected]; [email protected]; ‘tim hess! [email protected]; Tim Lovelace [email protected]; ‘Damon Rasnick’ [email protected]; Jeff Cooper «[email protected]

Cet 'R Thornbury’ [email protected]; Saundra Honaker [email protected]; Craig Horn [email protected]

Subject: Buchanan County Entrance Door

Dear CPRWMA Board of Directors,

Cincinnati Insurance Company who represents Gardner, Inc. and I have been working with our Door Company to determine the cost of repairing it. Overhead Doors, Inc. has submitted a quote for $65,530.30 to replace the Door, Header Beam, Equipment and Electrical will be done by Alderson Contractors. Cincinnati Insurance Company has agreed to pay this and will write a check to the Authority in the amount of $65,530.30. Once Overhead Doors completes its work, the Authority will pay Overhead Doors.

1 am requesting a Straw Poll from the Board of Directors to Authorize me to sign the Release of Damage form so that Cincinnati Insurance can send us the check. Please note that Rebecca has been In the loop and has given her approval of the release form.

| simply need a Yay or Nay from each of you. Please only reply to me with your responses.

Thanks,

Toby F. Edwards, MsED

Executive Director

Cumberland Plateau Regional Waste Management Authority 135 Highland Drive, Suite C

Lebanon, VA 24266

Telephone (276) 883-5403

Cell 276) 698-9414

www.cprwma.com

[email protected] Monday, December 5, 2022 1:20 PM [email protected]

Subject: Re: Buchanan County Entrance Door

Yay

Sent from my iPhone

On Dec 5, 2022, at 11:25 AM, [email protected] wrote:

Dear CPRWMA Board of Directors,

1am requesting a Straw Poll from the Bo: tors to Authorize m Release of Damage form ati Insuran: e check. Please note that Rebecca has been in the loop and has given her approval of the release form.

| simply need a Yay or Nay from each of you. Please only reply to me with your responses.

Thanks,

Toby F. Edwards, MsED

Executive Director

Cumberland Plateau Regional Waste Management Authority 135 Highland Drive, Suite €

Lebanon, VA 24266

Telephone (276) 883-5403

Cell 276) 698-9414

www.cprwma.com

<vmacocss05_1339139961370-1-IMG_2526.jpg> <vmatxsls06_1337036672770-1-IMG_2521.jpg>

= . a ‘The Cincinnati insurance Company ® The Cincinnati Inctemnity Company

CINCINNATI Ine Creda Cnty Company me Chatwapesty Uncena route come ire cheanite neanes oopany INSURANCE COMPANIES

RELEASE FOR PROPERTY DAMAGE

In consideration of the payment to me of ‘Sity Five Thousand Five Hundred Thirty and 30/100 - Dollars ($ 65.530.30 ), by or on behalf of Payer, the receipt of which is hereby acknowledged, I Cumberland Plateau Regional Waste Management Authority do hereby release and forever discharge the said Payer from all

liability for damages to any and all property resulting from an accident, casualty or event occurring on of about the 201M day of October 2022, at or near Lebanon, VA

It is understood and agreed that the settlement amount shown above includes any and all interest, including interest that is or could be due and owing after the date of the settlement agreement, However, if the undersigned

or his representative docs not receive payment within 30 days of the receipt of a signed and dated release

bby Cincinnati Insurance Company _, the undersigned shall be entitled to receive interest at a rate of ten percent (10%) per annum beginning the 31" day after this release is received by Cincinnati Insurance Company

Witness my hand and seal this 4.

~ah’8 Oquinn ccanmonwoath of Vega

iotary Public Commision No 229104 ‘iy Commision Exes 109172025

Witness:

‘Address: 136 Highland Drive Suite C

Lebanon, VA 24260

Itis a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits.

RFPD-VA (3/16)

Mailing Address: P.O. Box 145496 + Cincinnat, Ohio 45250-5496 = Headquarters: 6200 S. Gilmore Road + Fairfield, Ohio 45014-5141 cinfin.com » 513-870-2000

tobyedwards@bvu. net

Ray Letterman [email protected] Friday, December 2, 2022 9:43 AM

tobyedwards@bvunet [email protected] Subject: BUCHANAN CO TRANSFER STATION Attachments: Contract q8498,pdf

Mr. Light, Per our phone conversation | did agree on giving some discount on the Door/Motor , Jamb and Sheeting on

the Building, this included the emergency service. It did not include the electrical other than we would hook the power to the motor after a electrician repaired the electrical damage and it also did not include the cost of

the Tele-Handler (Sky Track Forklift)

The Total for all listed on the Proposal was $60,913.00 plus, Emergency Service Lift Fee and Delivery $4,770… That would total $65,683.00 Less the discount $3,511.00 = §62,172i00 Plus Tele-Handler delivery and rental and the cost of the Electrical damage this cost is by others. | will attach a aunte i received for the rental and delivery, | do not have any informati

Thank you

Ray Letterman

Product Technical Sales

‘Overhead Door Company of Johnson Cit

A Division of WMS. Trimble Co., Inc

3056 Boones Creek Rd.

Johnson City, TN. 37615

Phone: 423-282-9191

Fax: 423-282-3606 Isaiah 4 423-444-2348

E-Mail: [email protected] Web site: www.garagedoorjohnsoncity.cc

a ’

Leave usa review Go to: [GarageDoorJohnsonCity.com/review]GarageDoorJohnsonCity.com/review Click SUBMIT A GOOGLE REVIEW button

East Tenn Rent-Alls

23711 Bristol Hwy. 423-2823221 Phono Johnson City, TN 37601 423-283-4149 Fax worwotra.ble

WM S, TRIMBLE COMPANY INC. P.0. BOX 154 KNOXVILLE, TN 37901

Status: Quote Quote #: 984981

Quote To: Wed 12/21/2022

Operator: LANDON B. ‘Terms: On Account

Page 1 of 1

Pelco

ary [oy _ tame Porte uote Date +) srs 36 TELESCOMG FORKLIFT Renal] Wea 12202022 8.0088 $110000 ‘HRS-V2DAY"0.0 HRS-HOAY"63 HRS-t WK."252 HRS-IMONTH CCAUTION: MACHINE 1S NOT MADE TO TRAVEL MORE THAW A MILE ON THE ROAD, THE ‘TRANSMISSION NEEDS TO Rest. 1 | toe.va DELIVERY, VIRGINIA (WO TAX) aver $1,200.00 PLEASE NOTE "MORAN . ‘YOU MUST GALL FOR PICKUP OF THIS TEM ‘Delivery Wed 12/21/2022 9:00AM 1912 BUCHANSAHIRE RD Raven, VA 24639 Quote valid for 30 days. Renta: $4,100.00 $1,200.00 Subtotal: $2,300.00 Sales Tax VA: $58.30 Total: $2,358.30 Paid: $0.00 Signature: Wit 5. TRIMBLE COMPANY ING. Amount Du $2,358.30 pan 70am o 5:30pm Mondoy thea Fido, Saturday 70am to ipm, Closed Sunday Moditeaion

Pre nF 12/2022 B20. ‘Setar Plo etl Sowa wi pet aco

Contec Para SOL nt)

PROPOSAL

ALDERSON CONSTRUCTION

State Lic No, 2705-016280

P.O. Box 824 Lebanon, Virginia 24266

sera L1G Ges TEE

Conberledt wacte Newest | 276-883-5403) [/-/4 —Z2z.

325 bb burl live Buch G Dror Repete er snrennone ol amon t

Site <<} ,alkisand, Ve

26-12-9463

We horeby submit specications and estimates for:

Repate Wining s wire UA, Gorge loo Motor

WE PROPOSE hereby to fumish material and labor - complote In accordance with above specications, for he sum of:

oy Ove thawed L 9% dots (§ L0U0. Lay Paymenttobe made astotows: ell at Completow of Tob

Cash Upon Completion Unless Otherwise Stated, if terms, on any unpaid balance going beyond 30 days there will be a 1 12% service charge ‘added 10 tho bill and If placed in the hands of an attorney for collaction, reasonable atlorney’s feas will bo taxed against the purchaser of sald matorials.

‘Al material is guaranteed to be as specified, All work to be complotad in a workmanlike manner according to slandard practices. Any alteration or aviation trom above specifications involving extra costs will be executed only upon writen orders, and will become an oxtra charge over and. ‘above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to cary fre, tornado and other

‘nocassary insuran 18 app ful ‘Compensation Insurance, ‘Authorized Signature, Nota: This Proposal may be withdrawn by us i not accepted within

ACCEPTANCE OF PROPOSAL « The above prices, spociicalions and conditions are salistactory and are hereby acceptad. You are authorized to do the work as specified. Payment will be made as oullined above.

Date of Acceptance. Signature

Signature

Cumberland Plateau Regional Check Reglater

For the Period From Nov 1, 2022 to Nov 30, 2022 Fier Cita ineludoo: Report ordor Is by Check Numbar,

Chock Dato “Amount Tae 43,31 Employes 401K 197122 Anthem HealthKeopare, Inc. ‘825.94 Toby’s Hoalth/Dentalvielon 147/22 First Bank & Trust 22,00 Stop Payment Foo 11/18/22 TAG Resources, LLC 257.26 Employee 40%k 11130122 TAG Resourcas, LLC 367.47 Employoe 401k 12.28.22 14130722 United Statos Treasury 1,853.74 Fed Withholding 12.27.22 41/30/22 VA Dept of Taxation 303.79 State Withholding 13009 1912/22 NXTGen Mobilo Welding Servicos, LLC 1,285.00 BC Sta Maint $980 RC Loador Maint $275 14000 412/22 Crystal Springs 38.18 RC Supplies 14001 4912122 Gontral Scale, ne. 1,945.00 DC Sta Maint 14002(on-1ine) 41/2/22 Point Broadband 87.84 RC Phone 14003(on-iine) 11/2/22 Point Broadband 85.20 DC Phone 14004(onstine) 11/2/22 Appalachian Powor Company 176.69 RC Electric 14008(on-ine) 11/2/22 Point Broadband 89.77 Office Phone 14006(onine) 11/222 160 Technology 199.85 BC internet 140070n-line) 14/2/22 Caterptiar Financial Services Comp 6,788.18 Note payment 14008 1972122 Dickenson Co Public Service Authority 46.48 DC Utlty 14009, 41721122 Ridgeview DolMart 2 200.00 Bord Mosting 10-20-22 14010 19121722 Card Sorvicos Contor 14.95 Web Hoating 14011 19124722 WM Corporate Services, Ino. 79,019.50 BC Tipping/Haul Ocu22 14012 14124122 WM Corporate Sarvices 43,811.05 DC Tipping/aul Ocv22 14013 19721722 WM Corporate Services, Inc $4,042.60 RC Tipping/Haul Ocy22 14014 41721122 MXI Environmontal Services, LLC. 127.70 BC Othor Disposal 14018 19/21/22 Verizon 82.71 BC Phono 14018 19724122 Verizon 36.67 RC Phono 14017(on-tine) 11/21/22 Appolachlan Power Company 377.98 DC Electic 14018(on-tine) 11/21/22 Appalachian Power Company 397.45 BC Electric 14019(on-tine) 14/24/22 Appalachian Powar Company 278.80 RC Electlc 14020(ontIne) 11/24/22 Appalachian Power Company 4105.65 RC Eloctric 14025 11/21/22 Justice Law Ofice 1,636.13 Legal Oct/22 14022 1112422 Cox Security Services 323.81 BCIDCIRC Securly $107.67 14023, 19724722 Unifirst Comoration 809.61 Uniforms Ocu22 14024 11121722 Innovative Technology Solutions 225.00 IT Support 14025, 11721122 Firat Bank & Trust 1,300.75 Bank Payment 14026 41/21/22 Industrial Dovolopment Authority 200.00 Office Rent Deci22 14027 11/21/22 Honaker Solutions, LLC {840.00 Accounting Novi22 14028 1172122 Freedom Ford of Claypool Hil LLC 248.05 Vehicle Malntonance 14020 11/21/22 Lighthouse Supply Co. 742.00 DC Sta Maint 14030 41/21/22 Pest Control Plus, Ino, 120.00 BCIDCIRG Pest $40.00 14031 19724722 BH Auto Parts LUC 85.62 BC Fuel 44032 11721722 _Saf-Gard Safely Shoa Company 164.89 RC Boots 14033, 11721122 Carter Machinery Company, Inc. 686.12 RC Equip Maint 14034 119121722 Northern Too! & Equipment 749.43 RC Supplies $137.93 OC Equip Maint $811.50 14035(on-tine) 11/21/22 Point Broadband 85.71 DC Phone 14036(or-tine) 11/21/22 Point Brondband 89.83 Office Phone 14037(onine) 11/21/22 Point Broadband 87.32 RC Phono PRIN122 14112 Toby F. Edwards {500.00 Toby HSA/insurance Supplement PRINZ2 14/1722 Ronald E. Peters 184.70 Director’s Compensation PRINIZ2 11/1722 Damon Rasnick 184.70 Diractor’s Compensation PRIN122 141122 Tim Lovelace 184.70 Director’s Compensation Printz 14722 Cart Rhea! 104.70 Directors Compensation PRIN22 1119722 Jeffery 8. Cooper 184.70 Director’a Compensation PRIN122 41/8/22 Timothy W. Hoss 184.70 Director’s Compensation PRIN1622 1418/22 Toby F. Edwards 2,616.00 Tobys Salary tst Half PRI12222 11722122 Toby F. Edwards 41,250.00 Toby’s Christmas PRI13022 19190722 Toby F. Edwards 2,646.48 Toby’s Salary 2nd Halt Total 209,530.03

Page:

eo = Er Tastuwena | —— meget ies Eroereae Feemsor/beost Ts) saa ass | as || [ree keorses oy Lie Eve psi (Sa Reaboned Bo 2a = = rel asa Er aa ——— aa] as | oes | aes | | Tara aa] == a FE 2]

1 a a 3] er es a aa See Fo) 3 sa SE “aeae | —_ tate Sessee| sel Bese Hass 3am oT or seise| ee poses || 4 Bu fer west | — tone] ewe ises Sno | =I Tease ead ana |e = | =a or =a I ETS aa aI 4 = oa a Bese 2ast pre] == — Tae] as ET Saas ee] = srs] ass 25 ro aie] aS ‘= aan fal yes | a erry ae | a —a “aeess |_——aserss | tare iess| saa 3] feria Bis = sae] sa 255 sa | aes Heostse| | [temsiey verse] === ae r Jott contonmencon ‘aay [Sete Pom FETE] Fr Tal frm ACD sere FETT) cy FE za} fr Tanase FST ys] Taro] 76 | Fours | —_tauerae | arse ‘sass | Fees esr Sa] aay aD aos “tom | essa ra es = 3s Tasos | Esse] Se: Beas as rs i Ts sa on "ass | ene = = [ose Rea aS “seal Ea =o Bas “Sta | issn spam0|—s| fee 233] Saag sise| asia | eases | rests] a 33 203] ae = = =| SSE [irs oe = Hae el ee | Prower EH| = = ZI = ees + asta} [once wa as 7s — ss zi =| frome ‘2a 8 sa eons | =o eas [es | ass] as | sos | a] Sones) aaa 7peaz0 | STE ESE 3S | seu| a massa as) aT TSS Ee SS es FY Sa omens Rat per Conmty a

[email protected]

From: Ernest McFaddin [email protected] Sen Thursday, November 3, 2022 4:20 PM

To: tobyedwards

Subject: Fwd: toby Edwards

Attachments: Tobycomplete.pdt

Forwarded message regina @mefaddinassoc.com>

Date: Thu, Nov 3, 2022 at 3:29 PM

Subject: toby Edwards

To: Ernest McFaddin [email protected]

Please find attached the quote for the renewal of Toby’s health /dental and vision insurance for 2023.

2022 received $731 subsidy. Health was $370.32. Dental was $133.06 and Vision was $22.02.

2023 it projects a subsidy of $556.00 and the health will be $476.54. Dental $150.30 and Vision $43.96*

The Dental and Vision may be less than this estimate, this is worst case senario

Edwards, Toby

Record Type : Quote

Quote ID: 6990922

APPLICANT INFORMATION:

Subserber: State:

Ema:

Other

Tobacco:

Other

Tobacco:

‘SUBSIDY INFORMATION: Household Size: ESTIMATED ELIGIBILITY: Edwards, Toby

Edwards, Madeline Edwards, Mason ‘SELECTED PLANS:

Line Of Coverage: Effective Date:

Est, Monthly Cost: Estimated Net Premium:

Line Of Coverage:

Effective Date: Est. Monthly Cost: Estimated Net Premium: Line Of Coverage: Effective Date:

NT, M10. NT

Edwards, Toby

[email protected], Edwards, Madeline

Edwards, Mason

‘May be eligible to purchase a plan on the Federal Marketplace May be eligible to purchase a plan on the Federal Marketplace ‘May be eligible to purchase a plan on the Federal Marketplace

Medical

01/01/2023 $1,032.54 $477.54

Dental

01/01/2023 $150.30 $150.30 Vision ovvouzo23

Dos:

Primary Phone:

os:

Household income:

Insurance Co:

Rating Area: Network:

Insurance Co:

Rating Area: Network:

Insurance Co:

Rating Area:

07/30/1874 NA NA 7/07/2008

05/15/2012

$78,000.00

Healthkeepers, Inc.

‘A005 NIA

Renaissance Life & Health

Insurance Company of America

‘VA005 PPOS

vsP ‘vAo0s

aXlcanom

Producer: MeFaddin, Emest NPN: 3045053

Male NIA No Female

Mata

$555.00

‘Anthem HealthKeapers Gold 1800

88380VA0720033 ‘Lookup Rx ‘Max Choice Plus Rating Area 3

‘960MAXPLUSOS | 3 NA

Option 2 (Silver 12/12/24) MHR121224AL150

SELECTED PLANS:

Est. Monthly Cost: Estimated Net Premium:

BROKER INFORMATION:

Agency: Ema

$43.96 Network: $43.96

McFaddin & Associates Producer: ‘[email protected] Phone 1:

VSP Choice

McFaddin, Emest (276) 873-5600

Rx Formulary:

‘Sub Producer: Phone 2:

NIA

NIA NIA

Commonwealth of Virginia

VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY

HLL E, Main Street, Suite 1400, Richmond, Virginia 23219 P.O, Box 1105, Richmond, Virginia 23218 (800) 592-5482 FAX (804) 698-4178

“Travis A Voyles Michael S, Rolband, PE, PWD, PWS Emecitus Acting Sceretary of Natural and Historie Resources Director (804) 698-4020

November 16, 2022 VIA ELECTRONIC MAIL Mr. Toby F. Edwards Executive Director Cumberland Plateau Regional Waste Management Authority Post Office Box 548 Lebanon, Virginia 24266

RE: Solid Waste Financial Assurance Demonstration Cumberland Plateau Regional Waste Management Authority Facilities: Russell County Transfer Station, Permit by Rule (PBR) Number 001 Dickenson County Transfer Station, Permit by Rule (PBR) Number 049 Buchanan County Transfer Station, Permit by Rule (PBR) Number 106

Dear Mr. Edwards:

The Virginia Department of Environmental Quality (the Department) received and reviewed the updated closure cost estimates and the Truist Bank Certificate of Deposit statement submitted by Cumberland Plateau Regional Waste Management Authority (the Authority) to demonstrate financial assurance for the closure costs associated with the above referenced solid waste facilities. This documentation has been prepared in accordance with the Virginia Financial Assurance Regulations for Solid Waste Disposal, Transfer, and Treatment Facilities, 9VAC20- 70 and the Authority has met its financial assurance demonstration requirement until October 9, 2023.

The Authority’s facilities have approved 2022 closure cost estimates totaling $43,455 ($14,485 for cach permit) and financial assurance for $44,249.96 in the form of a Certificate of Deposit. No further information or submittals are requested at this time, In the event the technical cost estimates increase before the next review date of October 9, 2023, the Authority may be required to increase the amount of financial assurance. Please note the Authority must update the closure cost estimates annually for inflation and submit the increased financial assurance amount to the Department. You may call the Office of Financial Responsibility and Waste Programs at (804) 659-1533 sixty days prior to the review date to obtain the 2023

Mr. Toby F. Edwards Page 2 November 16, 2022

inflation factor. The Company’s financial assurance anniversary date is October 9 for the three permits,

If you have any questions regarding the financial assurance requirements, please contact me at (804) 659-1533 or via email at [email protected].

Thank you for your time and consideration in this matter.

Sincerely,

ayers A Sela

Suzanne D. Taylor Virginia Department of Environmental Quality

ce: Daniel P. Scott, P.E, via electronic mail DEQ/WPC Common DEQ/ECM

Reimagining every moment of health

Building simpler, smarter, and more cost-effective plans

Proposal Packet for Cumberland Plateau Waste Water Management

Your Agent/Broker LUTHER MCFADDIN

CHOICE FINANCIAL GROUP LLC

Quote #: 00851117 Effective Date: February 1, 2023

Group State: VA SIC Code: 9511 Zip Code: 24266 County: RUSSELL

Anthem. HealthKeepers Offered by HealthKeepers, Inc.

peony tee cenit eat arr atin pc em te ee pS teh ipaeatrcntyaiocm mineoions ioe rene tusinwsiy ntasangemenessiesoen tne

Healthcare reimagined: building confidence in care

At Anthem, we want your employees to feel confident in their healthcare, with seamless connections to the support they need. Through caring

solutions and nationwide access, we will

The confidence of support

Our digital tools empower employees to take control of their health, in the ways that best fit their lives.

A Sydney™ Health

‘Sydney Health helps employees manage al

Virtual care

We’re enabling 24/7, on-demand doctor visits using a mobile app or computer:

‘Access routine or primary care by chat belore seeing doctor ‘or video

Find deductible and copay information Visita doctor ontine for as lowas $0 to $5. depending on the health plan?

Locatea dactor for unique needs with Personalized Match

The confidence of access feientsmecticca sccos ons solenal scale

We’re ready toserve your employees with 2 broad preferred provider organization (PPO} network through the Blue Crass Blue Shield Association’s BuueCard program.

ur national network includes?

Cn ) sore

oyecar aacmeteninen mem rpe Spage eee SSS Sopcast geen

a SS ep npr eco eeg st Pe Sara OD

elp them find the right care — and help you find the right plan for your business and budget.

The confidence of whole-health care

Anthem Whole Health Connection®

‘By combining all aspects of coverage — medical, behavioral health, pharmacy, a doctors can see the whole picture for simpler, smarter, and more cost- effective care,

Ease of administration

ai WWeard

— Website/mobite app Client management team

Anthem Health Guide

Caring health guides use smart technology to anticipate your

employees’ needs and connect ‘them to personalized solutions.

Wellbeing Solutions

Ourheatth and wellness programs focus on awareness. prevention, ‘and the right resources to heip enable better health and

cost savings.

“seKojdive Aq winnwexd Auiuows pesodaud yy mon o} YUY JROZ W eIOND PEMD, olf O}30}61 S5eEId =BL

‘ ‘ SHON.

a sow ou,

o snienp3 vo

#03 er splewpa h

ee sway pas Gftd q “3

s1yB]NBIy 01

202 "s0 Avenged :e1e0 en.

Pbosnrennuinerste 24445800 :aI 13089) Purse UBIesH WeIUYy qwewWeBeuen J57eNM OISEM NeereLd PUELOG!

“ou ‘soqedwog aout

wouuy jo wewopen posse! © 5] welRUY "EZL OHEY EIS JO }3EO BOLE ON PUE "ELUOYA JO WO, OtN "PEA JO AD in 30} oars EHUB J Je SONOS ‘VOREMDOSSY PONS OMI PLE SSO/9 Oni On fo BosUzOH WopLEdepL Ue "DU ‘sLodOO>HL “yonaid wm 98218009 J0 291

‘in 0 sui) o1g"vondhosap enn pus aBes0A00 Jo steayIED Bun UBemiod YoNUED €0 Wak au “2Bera20 Jo SHEDNRIED BY PEYITUGO Bue SLO;EN}X PUR SyavEG JO suO|SINOK GMNUO aL “TOUR oN JO MOLNONC FesBUOE w hu0 Wee Pope = voneuuo}u! ey “suoRdLISep WeUeG 10] DBS OPs OsPojd wor WO\TUTDgS MN Je OHS BuRsog TewEIY sno YBNAN pessenDe oq UeD (58S) OBEIOAGD PUE syoUER 70 ABUALNG "wz WOjo1 e7e> GEOL 20) By B1eD OITERIOLY oY =te0 oumeut ¢

“Tonpaid euo ueta ei0w yo sovenss} pue ‘sep ajzaye enjoeanes Bt

Sogzrones sore oes! x vo pvc won uo ce mu uma sp eo Sn pence unas ome aan esc Kno Op es cen aman BeBe

uyyeet Aq yeraxdde Bugunvapun a polqns 5 dnosS ep Aq Jesodaud SUL ‘peLDETe 5 Sp \oW oy (s]uoneDydde dnoi6 uy pue esodasd say Jo SuOR;PUED PUP SULA ayo} DejqNs “sWapUedep pue SoeKojdw2 0} Pas=}0s U9NG SEY [eso SA bsp abesonoo eu) “suauombar yoy ef of so0ump pu snsues Sakae ok te Se6UR9O} PaRuN YU We OUP svosee! SnoUeA so} aBUEND Ae Aa ee MEA yorardGe 0 maxNa)LOIHMOL ot ean te ove” PUP SEI Lt

weit

ConSASTONES RECESS ‘gage prop ad Bes ss osese0 01980 os

ss os “Ayes 993 0 ro 4 00 ES

(wey enpipuy nares yaxp0d yon

‘eauesnsyo, (Gey ‘tenpipm) ernonpeg

‘ape9 emu0g

e202 ‘Lo Aueruqay:21e0 ony

suysadongyeny ia pasayg zut1s800 a1 @ adeoyuieeH moNUy WoweBeueH enh SSeHA MERE PUTER

ne enn emaees male

nberland Plateau Waste Water Management =e ; te 1D: 00851117 Anthem.HealthKeeper otive Date: February 01, 2023 Offered by HeakhKeepers, Ine

Sve date of his Addendum is 12:01 am. on February 01,2023 \Séenda apples tothe Employer ands filed companies as agreed loin wring by Anthem Bue Cross and lve Shield and HealhKeepers, ne. ployer wl pay a per Subsrber per month fee calculated by adng to sum ofthe aes foreach ofthe Member calories

_erber, Spouse, up o tree olest Dependents 20 years and younger, and Dependents 21 years and ove) st frthin the tables below:

sepers Platinum OAPOS il Contract code-|6SHON

$1328.19 3136471 $1,388.90

ASSRSRRRBSIBs

$517.31 $524.71

‘Anthem Blue Cross and Blue Shield Soe we

Jeff Ricketls President

thKeepers, Inc., an independent licensee of the Blue Cross and Blue Shield Association, serves all of Virginia except for the City of Fairfax, the Town of Vienna, and the area east of State Route 123. Anthet egistered trademark of Anthem Insurance Companies, Inc.

(2022-12-05 09:12:03, Page:

Summary of Benefits and Coverage: What this Plan Covers & What You Pay for Covered Services Coverage Period: 02/01/2023 - 01/31/2024 Anthem® Blue Cross and Blue Shield Coverage for: Individual + Family | Plan Type: PPO Anthem Gold PPO 750/20%0/7700

The Summary of Benefits and Coverage (SBC) document will help you choose a health plan. The SBC shows you how you and the AX plan would share the cost for covered health care services. NOTE: Information about the cost of this plan (called the premium) will be provided separately ‘This is only a summary. For more information about your coverage, or to get a copy of the complete terms of coverage, coinsurance, copayment, deductible, provider, or other underlined terms, see the Glossary. You can view the Glossary at www healtheare: or call (855) 330-1214 to request a copy.

ant Questons).|/Answers Why This Matters: ‘What is the overall $750/person or $2,250/family | Generally, you must pay all of the costs from providers up to the deductible amount before deductible? for In-Network Providers. this plan begins to pay. If you have other family members on the plan, each family member $2,000/person or $4,000/family must meet their own individual deductible until the total amount of deductible expenses paid

for Non-Nerwork Providers. by a! family members meets the overall family deductible.

“Are there services Yes. Primary Care. Specialist | This plan covers some items and services even if you haven’t yet met the de: amount.

covered before you Visit. Preventive Care. Certain | But a copayment ot coinsurance may apply. For example, this plan covers certain preventive

meet your deductible? Prescription Drugs. Vision. For ithout cost-sharing and before you meet your deductible. See a list of covered more information see below. _ preventive services at https:/ /www healthcare. gov/coverage/preventive-care-henefits/.

‘Are there other No. You don’t have to meet deductibles for specific services. deductibles for

specific services? ee i 7 ‘What is the out-of: —-$7,700/person or “The out-of-pocket limit is the most you could pay in a year for covered services. If you have pocket limit for this $15,400/family for In-Network | other family members in this plan, they have to meet their own out-of-pocket limits until the

plan? Providers. $19,250/person or yerall family out-of-pocket limit has been met. $38,500/family for Non- |

ee Network Providers. a _ ‘What is not included | Premiums, balance-billing | Even though you pay these expenses, they don’t count toward the

in the out-of-pocket | charges, health care this plan |

limit? doesn’t cover, and Non-

“This plan uses a provider network: You will pay less if you use a provider in the plan’s you use a network | sawmzanthem.com or call (855) _| network, You will pay the most if you use an out-of-network provider, and you might receive

| provider? | 330-1214 for alist of nerwork | 4 bill from a provider for the difference between the provider’s charge and what your plan

| providers, Costs may vary by | ave (balance billing). Be aware, your network provider might use an out-of-network provider

site of service and how the

LT provider bills, —_ -

VA/SG/Anthem Gold PPO 750/20%/7700/6SGL/01-23

for some services (such as lab work). Check with your provider before you get services.

Do you need a referral No. You can see the specialist you choose without a sefe to see a specialist?

Qe Alicopayment and coinsurance costs shown in this chart are after your deductible has been met, if a deductible applies.

$30/visit deductible does nor Primary care visit to treat an apply injury or illness EPHC

$20/visit deductible does not

health care fo “saa apply a a - ah 560/visit deductible does not 1% coi Virtual visits | (Telehealth)

or clinic ‘. apply —

Copayment waived for members under 19 years old. Virtual visits (Telehealth) benefits available.

50%

soinsurance

Ifyou visit a

"You may have to pay for services that aren’t preventive. Ask your

No charge 50% coinsurance provider if the services needed are preventive. Then check what

— _ : ___ your plan will pay for. Diagnostic test («-ray, blood - — Ifyou have atest _work) ? | 0% us ; :

Imaging (CT/PET scans, MRIs) ___ 20% coinsurance 30% coinsurance | none-

~ $15/prescription, deductible does not apply (cetail) and 50% coinsurance, deductible

Ifyou need drugs Tier 1 - Typically Generic $38/prescription, deductible does not apply (retail) and Not

to treat your does not apply (home covered (home delivery)

illness or delivery) _

condition $45/prescription, deductible For more information, refer to

More information | Tier 2 - Typically Preferred does not apply (ex) and 50% coinsurance, deductible “Select Dovg List” at

about prescription Brand & Non-Preferred $135/presctiption, deductible | does not apply (retail) and Not http:

drug coverage is | Generic Drugs does not apply (home covered (home delivery) aeuinformation/

available at | _delivery) *See Prescription Drug section

hup//wwwanthe ~——~=~=~SS*~<CSSS*~”SS« SY GINSUTANCN Up CO | m.com/pharmacyi . $200/prescription, deductible | 50% omar deductible

| nformation/, | Bice} Typically No Preferred “does not apply (etal) and | does not apply (etall) and Not | | Brand and Generic drugs 3S%colueutance upto | -covered (home delivery) $600/prescription, deductible |

Preventive care/screening/

immunization

20% coinsurance 50% coinsurance none

For more information about limitations and exceptions, sce plan or policy document at https://eoc.anthem, 3MGO01012023,

TT estas, easntiens | Oilman inte

Services You May Need)

50% coinsurance, deductible does not apply (retail) and Not home ceiver) covered (home delivery)

Ifyou have Facility fee (¢g., ambulatory

outpatient Surgery center)

surgery _Physician/surgeon fees

Tier 4 - Typically Preferred Specialty (brand and generic)

20% 50% coinsurance none-------

Ifyou need ; Non-emergency non- een immediate 20% coinsurance Covered as In-Network Ambulance Services are limited medical attention —— Tn _ _ to $50,000 per trip. Unpent care $60/visit deductible docs not 50% coinsurance wee none — apply __ — — a 100 days/admission for Inpatient

Ifyou have a Facility fee (¢.g., hospital oom) 20% coinsurance 50% coinsurance rehabilitation and skilled nursing hospital stay

Physician/surgeon fees 20% coinsurance 50% coinsurance

Office Visit Office Visit

$30/visit deductible does not | Viseual visits (Telehealth) 50% coinsurance

benefits available.

" Outpatient services apply 7 behavioral health, Other Outpatient Other Outpatient Other Outpatient % coinsurance

or substance 20% coi | none. abuse services | je solnsurance ee Inpatient services 20% coinsurance | 50% coinsurance “none

"Office visits 20% coinsurance | 50% coinsurance Childbirth /delivery professional services

Pregnant Childbirth /delivery facility

services He Ith care 20% coinsurance |

Hyouneed help 2 - 7

wiecusg er? | Rebahilwion am S307 ddl does not |

Ifyouneed mental health,

‘Maternity care may include tests

and services described elsewhere

in the SBC (ce. ultrasound).

Ifyou are 20% coinsurance 50% coinsurance

20% coinsurance 50% coinsurance

50% coinsurance 100 visits benefit period.

50% coinsurance

pombe | n health needs Habilitation services | $30/visit deductible does not “*See"Therapy Servies section, ‘ —

For more information about limitations and exceptions, see plan or policy document at https: r 01012023, Page 3 of 11

Exceptions, & (Other lsaportanc Inform:

100 days/admission for Inpatient rehabilitation and skilled nursing services combined.

20% coinsurance

It’your child Children’s eye exam No charge

needs dental or eye care

$0 conavinens up to plan’s, "Ste Vision Services section Children’s glasses No charge Maximum Allow. Pa Amount

Children’s dental check-up __ ____ 0% coinsurance 30% coinsurance *See Dental Services section _

Excluded Services & Other Covered Services:

Services Your Plan Generally Does NOT Cover (Check your policy or plan document for more information and a list of any other excluded services.)

[Other Covered Services (Limitations may apply to these services. This isn’t a complete list. Please see your plan document.)

© Chiropractic care 30 visits/benefit period © Most coverage provided outside the © Private-duty nursing 16 hours/benefit © Routine eye care (Adult) 1 exam/benefit United States. See period in a Home Setting only period www bchsglobalcore.com

Your Rights to Continue Coverage: There are agencies that can help if you want to continue your coverage after it ends. The contact information for those agencies is: Virginia Bureau of Insurance, 1300 East Main Street, P. O. Box 1157, Richmond, VA 23218, (800) 552-7945, Department of Labor, Employee Benefits Security Administration, (866) 444-EBSA (3272), www.dol.gov/ebsa/healthreform, or contact Anthem at the number on the back of your ID card. Other coverage options may be available to you, too, including buying individual insurance coverage through the Health Insurance Marketplace. For more information about the Marketplace, visit www.FlealthCare.gov or call 1-800-318-2596.

Your Grievance and Appeals Rights: There are agencies that can help if you have a complaint against your plan for a denial of a claim. This complaint is called a grievance or appeal. For more information about your rights, look at the explanation of benefits you will receive for that medical claim. Your plan

documents also provide complete information on how to submit a claim, appeal, or a grievance for any reason to your plan. For more information about your rights, this notice, o assistance, contact:

For more information about limitations and exceptions, see plan or policy document at

Page 4 of 11

ATTN: Grievances and Appeals, P.O. Box 27401, Richmond, VA 23279 Department of Labor, Employee Benefits Security Administration, (866) 444-EBSA (3272), sww.dolov/cbsa/healthreform

Virginia Bureau of Insurance, 1300 East Main Street, P. O. Box 1157, Richmond, VA 23218, (800) 552-7945

this plan provide Minimum Essential Coverage? Yes ial Coverage generally includes plans, health insurance available through the Marketplace or other individual market policies, Medicare, Medicaid, CHIP, TRICARE, and certain other coverage. If you are eligible for certain types of Minimum Essential Coverage, you may not be eligible for the

premium tax credit,

Does this plan meet the Minimum Value Standards? Yes If your plan doesn’t meet the Minimum Value Standards, you may be eligible for a premium tax credit to help you pay for 2 plan through the Marketplace.

To see examples of how this

For more information about limitations and exceptions, see plan or policy document at 7 c.anthem.com/eocdps/6SGLSMG01012023. Page 5 of 11

About these Coverage Examples: — -

© This is not a cost estimator. Treatments shown are just examples of how this plan might cover medical care. Your actual costs will be different depending on the actual care you receive, the prices your providers charge, and many other factors. Focus on the cost ae sharing amounts (deductibles, copayments and coinsurance) and excluded services under the plan. Use this information to compare ~ the portion of costs you might pay under different health plans. Please note these coverage examples are based on self-only coverage.

imple Fracture

4 The plan’s overall deductible $750 @ The plan’s overall deductible $750 @ The plan’s overall deductible $750 @ Specialist copayment $60 Specialist copayment $60 M Specialist copayment 360 @ Hospital (facility) coinsurance 20% © Hospital (facility) coinsurance 20% @ Hospital (facility) coinsurance 20% Other coinsurance 20% @ Other coinsurance 20% 1 Other coinsurance 20%

‘This EXAMPLE event includes services This EXAMPLE event includes services ‘This EXAMPLE event includes services ike: like: like:

Specialist office visits (prenatal care) Primary care physician office visits (including Emergency room cate (i Childbirth /Delivery Professional Services disease education) Diagnostic test (5-ray) Childbirth /Delivery Facility Services Diagnostic tests (blood work) Durable medical equipment (ovuebes) Diagnostic tests (whrasounds and blood work) Prescription drugs Rehabilitation services (physical therapy) Specialist visit (anesthesia) Durable medical equipment (gcase meter)

iding medical supplies)

TotalExample Cost —=—=—=—~—=$12,700_—Total Example Cost $5,600 Total Example Cost $2,800

In this example, Joe would pay: _ In this example, Mia would pay:

Copayments “Coinsurance $2,400 Coinsurance __

____ What isn’t covered What isn’t covered Limits or exclusions [$60 Limits or exclusions

“The total Peg would pay is $3,220 The total Joe would pay is _

$1,720 ThetotalMiawouldpayis __——$1,650

The plan would be responsible for the other costs of these EXAMPLE covered services. Page 6 of 11

Summary of Benefits and Coverage: What this Plan Covers & What You Pay for Covered Services Coverage Period: 02/01/2023 - 01/31/2024 Anthem” HealthKeepers Inc. Coverage for: Individual + Family | Plan Type: POS Anthem Link Gold HealthKeepers OAPOS 2000/5000

The Summary of Benefits and Coverage (SBC) document will help you choose a health plan. The SBC shows you how you and the plan would share the cost for covered health care services. NOTE: Information about the cost of this plan (called the premium) will be provided separately. This is only a summary. For more information about your coverage, oF o get 2 copy of the complete terms of coverage, https://eoe: ’

coinsurance, copayment, deductible, provider, or other underlined terms, see the Glossary. You can view the Glossary at www healtheare,cov/sbe-gloseary/ or call (855) 330-1214 to request a copy.

Important Qu

What is the overall $2,000/person or $4,000/ family ‘ou must pay all of the costs from providers up to the deductible amount before deductible? for In-Nerwork Providers. this plan begins to pay. If you have other family members on the plan, each family member $5,000/person or $10,000/family for Non- Network Providers.

‘Are there services Yes. Primary Care. Specialist ‘This plan covers some items and services even if you haven’t yet met the deductible amount. covered before you Visit. Preventive Care. Certain But a copayment or coinsurance may apply. For example, this plan covers certain preve meet your deductible? Prescription Drugs, Vision. For _ services without cost-sharing and before ‘you meet your deduct

more information see below. _ preventive services at https: 5

“Are there other No. "You don’t have to meet deductibles for specific services.

deductibles for specific services — __|

| What is the or $5,000/person or ~The out-of-pocket limit is the most you could pay in a year for covered services. If you have packet limit for this $10,000/family for In-Network other family members in this plan, thcy have to meet their own out-of-pocket limits until the

plan? Providers. $12,500/person or overall family out-of-pocket limit has been met. $25,000/family for Non- | ° — __ Network Providers. | What is not included Premiums, balance-billing Even though you pay these expenses, they don’t count toward the out-of-pocket limit. in the out-of-pocket charges, health care this plan limie? | doesn’t cover, and Non- | Network Transplants. i a Will you pay less if "Yes, HealthKeepers. See | This plan uses a x network. You will pay less if you use a provider in the plan’s (Youuse anenworkk | waxw.anthem.com or call (855) _| network. You will pay the most if you use an out-of-network provider, and you might receive | provider: 330-1214 for alist of network | 4 bill from a provider for the difference between the provider’s charge and what your plan

providers, Costs may Mihad | pays (balance billing). Be aware, your network provider might use an out-of-network provider

| : provider bills.

VA/SG/Amhem Link Gold HealthKeepers OAPOS 2000/5000/6SG3/01-23

for some services (Such as

‘Do you need a referral No. to see a specialist?

‘You can see the spe

lab work). Check with your provider before you get services.

1 you choose without a referral

Ay Allcopayment and coinsurance costs shown in this chart are after your deductible has been met, if a deductible applies.

Common Medical Event

Primary care visit to treat an injury or illness

Ifyou visit a

health care

provider’s office or clinic

Specialise visit

Preventive care/screening/ immunization

No charge

Copayment waived for members under 19 years old, Virtual visits (Telehealth) benefits available.

50% coinsurance

— 5 Virtual visits (Telehealth) 50% sninsurance benefits available.

‘You may have to pay for services that aren’t preventive. Ask your provider if the services needed are preventive. Then check what

____ your plan will pay for.

50% coinsurance

~ $75/visit deductible does not apply

Diagnostic test (&-

Ifyou have atest _work)

30% coinsurance

none

_Imaging (CT/PET scans, MRIS) $500/visit

50% coinsurance

Tier 1 - Typically Lower Cost Generic

No charge (retail and home delivery)

50% coinsurance, deductible does not apply (retail) and Not covered (home delivery) _

Ifyou need drugs to treat your illness or condition

‘More information

$10/prescription, deductible does not apply (retail) and $25/prescription, deductible does not apply (home delivery)

Tier 1b - Typically Generic

| does not apply (retail) and Not

50% coinsurance, deductible

For more information, refer to

covered (home delivery) sctece Drug List” at

Tier 2 - Typically Preferred Brand & Non-Preferred Generic Drugs

about prescription drug coverage is available at

$60/prescription, deductible does not apply (retail) and $180/prescription, deductible does not apply (home delivery) |

acyinformation/

*See Prescription Drug section

50% coinsurance, does not apply (cetail) and Not covered (home delivery)

| $125/presctiption (retail) and | $375 prescription (home delivery)

Tier 3 - Typically Non-Preferred | Brand and Genedc drugs

50% coinsurance (retail) and Not covered (home delivery)

cdps/6SG3SMG01012023.

Se What You

Ifyou have outpatient surgery

“surgery center) Physician/surgeon fees __——~=~=~=~—~O% coinsurance

50% coinsurance

none

_=-—-none———

Emergency room care

Covered as In-Network _Copay waived if admitted.

Ifyou need immediate medical attention

$75/visit deductible does not

50% coinsurance

Covered as In-Network

Non-emergency non-nenork Ambulance Services are limited to $50,000 per trip.

weet

apply $1,000/admission

Ifyou have a 50% coinsurance

hospital stay

Facility fee (e.g., hospital room)

100 days/admission for Inpatient rehabilitation and skilled nursing services combined.

0% coinsurance

Physician/surgeon fees 50% coinsurance

———-none————

Ifyou need mental health, behavioral health, or substance abuse services

Office Visit $25/visit deductible does not apply Other Outpatient $500/visit deductible does not apply

Office Visit 50% coinsurance Other Outpatient

50% coinsurance

Outpatient services

Virtual visits (Telehealth) benefits available.

Other Outpatient —~—none

Inpatient services $1,000/admission 50% coinsurance

$500/pregnancy deductible

| Office visits does not apply

50% coinsurance

‘One copayment per pregnancy for both office visits and

Childbirth /delivery professional

services

$500/pregnancy deductible

Ifyou are you does not apply

50% coinsurance

childbirth /delivery professional services. Maternity care may

Childbirth /delivery facility $1,000/admission

services | 50% coinsurance

include tests and services described elsewhere in the SBC

Ge. ultrasound).

$75/visit deductible T apply

Hom does not

Ifyou need help 50% coinsurance

100 visits /benefit period.

” $75/visit deductible does not apply

ices 50% coinsurance

$15 Feist ‘deductible does not T

| 50% coinsurance

t | Habilitation services | apply I

*See Therapy Services section.

For more information about limitations and exceptions, see plan or policy document at

Page 3 of 11

€ommen

ical Event

100 days/admission for Inpatient $1,000/admission 50% coinsurance rehabilitation and skilled nursing

services combined.

*See Durable Medical

50% coinsurance 50% coinsurance

5 . $75/visit deductible does not Hospice services ee). ae Se neve an, 30 copayment up to plan’s If your child Children’s eye exam No charge ‘Maximum Allowed Amount

needs dental or "$0 copayment up to plan’s eye care

Children’s glasses — f _No charge Maximum Allowed Amount Children’s dental check-up ~~~ coinsurance 30% coinsurance *Sce Dental Services section

50% coinsurance = none—-——

*See Vision Services section

Excluded Services & Other Covered Services: _ Generally Does NOT Cover (Check your policy or plan document for more information and a list of any other

_excluded services. _ © Acupuncture © Batiatric surgery © Cosmetic surgery © Dental care (Adult) © Hearing aids © Infertility treatment © Long-term care © Routine foot care unless medicall © Weight loss programs

neeessacy

Other Covered Services (Limitations may apply to these services. This isn’t a complete list. Please see your plan document.)

© Chiropractic care 30 visits/benefit period ‘© Most coverage provided outside the © Private-dury nursing 16 hours/benefit © Routine cye care (Adult) 1 exam/benefit United States. See period in a Home Setting only

period

‘Your Rights to Continue Coverage: There are agencies that can help if you want to continue your coverage after it ends. The contact information for those agencies is: Virginia Bureau of Insurance, 1300 East Main Street, P. O. Box 1157, Richmond, VA 23218, (800) 552-7945, Department of Labor, Employee Benefits Security Administration, (866) 444-EBSA (3272), www.dol.gov/ebsa/healthreform, or contact Anthem at the number on the back of your ID card. Other coverage options may be available to you, too, including buying individual insurance coverage through the Health Insurance Marketplace. For more information about the Marketplace, visit www.HealthCare.gov ot call 1-800-318-2596.

‘Your Grievance and Appeals Rights: There are agencies that can help if you have a complaint against your plan for a denial of a claim. This complaint is called a grievance or appeal. For more information about your tights, look at the explanation of benefits you will receive for that medical claim. Your plan documents also provide complete information on how to submit a claim, appeal, or a grievance for any reason to your plan. For more information about your tights, this notice, or assistance, contact:

For more information about limitations and exceptions, see plan or policy document at ht: . Page 4 of 11

ATTN: Grievances and Appeals, P.O. Box 27401, Richmond, VA 23279

Department of Labor, Employee Benefits Security Administration, (866) 444-EBSA (3272), www.dol,row/ebsa/healt Virginia Bureau of Insurance, 1300 East Main Street, P.O. Box 1157, Richmond, VA 23218, (800) 552-7945

Does this plan provide Minimum Essential Coverage? Yes Minimum Essential Coverage generally includes plans, health insurance available through the Marketplace or other individual market policies, Medicare,

Medicaid, CHIP, TRICARE, and certain other coverage. If you are eligible for certain types of Minimum Essential Cove 1 credit,

yrermium

Does this plan mect the Minimum Value Standards? Yes If your plan doesn’t meet the Minimum Value Standards, you may be eligible for a premium tax credit to help you pay for 2 plan through the Markerplac:

To sce examples of how this alan micht cover costs for a sample medical situation, see the next section. _]

Page 5 of 11

For more information about limitations and exceptions, see plan or policy document at hi

About these Coverage Examples:

be different depending on the actual care you receive, the prices your providers char;

sharing amounts (deductibles, copayments and coinsurance) and excluded services

the portion of costs you might pay under different health plans. Please note these co

coverage.

$2,000 The plan’s overall deductible & Specialist copayment Hospital (facility) copayment & Other copaymenr

@ The plan’s overall deductible & Specialist copayment

@ Hospital (facility) copayment @ Other copayment

‘This EXAMPLE event includes services like:

Specialist office visits (prenatal cart) Childbirth /Delivery Professional Services Childbirth/Delivery Facility Services Diagnostic tests (whrasounds and blood work) Specialist visit (anesthesia)

“Total Example Cost

This EXAMPLE event includes services like:

disease education)

Diagnostic tests (blood work) Prescription drugs

Durable medical equipment (¢ucose meter)

_ $12,700 Total Example Cost _

In this example, Peg would pay: In this example, Joe would pay:

Cost Sharing

“Copayments Coinsurance _ What ist covered

$2,000_

$1,900 $0

Deductibles Copayments

Coinsurance

82,04 $75 $1,000 lM Hospital (facility) copayment

care physician office visits {including

$5,600 _

This is not a cost estimator. Treatments shown are just examples of how this plan might cover medical care. Your actual costs will ‘ge, and many other factors. Focus on the cost under the plan. Use this information to compare

erage examples are based on self-only rage examp! ly

imple Fracture

$2,000 $75

$1,000 $25

00 & The plan’s overall deductible

W Other copayment

‘This EXAMPLE event includes services like:

Emergency room care (including medical supplies) Diagnostic test (x-ray)

Durable medical equipment (ortches) Rehabilitation services (plysical therapy)

Total Example Cost $2,800

In this example, Mia would pay:

Deductibles _

Copayments

Coinsurance

What isn’t covered

Limits or exclusions

The total Peg would pay is

$60 Limits or exclusions

$3,960 The total Joe would pay is

The plan would be responsible for the other costs of these

$2,020.

$20 $0

Limits or exclusions

The total Mia would pay is _ $2,600

LE covered services. Page 6 of 11

Organizational Meeting.pdf
Meeting: 1/3/23    6:00 PM
Staff Recommendation:
Suggested Motion:

Authorization - Minutes BOS.pdf
SUGGESTED MOTION(s):

Authorization - Expenditures.pdf
SUGGESTED MOTION(s):

Presentations - Attorney.pdf
Meeting: 1/3/23         6:00 PM
Staff Recommendation:
Suggested Motion:

Reports1.pdf
Meeting: 1/3/23         6:00 PM
STAFF RECOMMENDATION(s):
SUGGESTED MOTION(s):
ATTACHMENTS:

Pre-Authorization Expenditures.pdf
SUGGESTED MOTION(s):

^ Back to top of page.