No Moss 3 Landfill Online Library Russell County Board of Supervisors Meetings Minutes 2019-02-04 18 00-Russell BOS-Regular Meeting-Minutes

2019-02-04 18 00-Russell BOS-Regular Meeting-Minutes

Document Date: February 4, 2019 Document: 2019-02-04_18_00-Russell_BOS-Regular_Meeting-Minutes.pdf

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February 04, 2019

The regular monthly meeting of the Russell County Board of Supervisors was held on Monday, February

04, 2019 at 6:00 pm. at the Russell County Government Center in Lebanon, Virginia. An Executive

(Closed) Session was held prior to the meeting at 5:00 pm.

The Clerk called the meeting to order.

Roll Call by the Clerk:

Present:

Tim Lovelace Lou Wallace Carl Rhea David Eaton Steve Breeding Rebecca Dye Harry Ferguson

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

Absent: None

EXECUTIVE (CLOSED) SESSION

Motion made by Harry Ferguson, second Steve Breeding and duly approved by the Board of Supervisors to enter into (closed) executive session pursuant to Section 2.2-3712(5) of the Code of Virginia to discuss prospective business matters and litigation matters pursuant to 2.2-3712(7)(8).

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

CERTIFICATION OF EXECUTIVE (CLOSED) SESSION

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

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

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

February 04, 2019

The regular monthly meeting of the Russell County Board of Supervisors was held on Monday, February 04, 2019 at 6:00 pm. at the Russell County Government Center in Lebanon, Virginia. An Executive (Closed) Session was held prior to the meeting at 5:00 pm.

The Clerk called the meeting to order. Roll Call by the Clerk: Present:

Tim Lovelace Lou Wallace Carl Rhea David Eaton Steve Breeding Rebecca Dye Harry Ferguson

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

Absent: None

EXECUTIVE (CLOSED) SESSION

Motion made by Harry Ferguson, second Steve Breeding and duly approved by the Board of Supervisors to enter into (closed) executive session pursuant to Section 2.2-3712(6) of the Code of Virginia to discuss prospective business matters and litigation matters pursuant to 2.2-3712(7)(8).

The vote was:

‘Aye: Harry Ferguson, Lou Wallace, Tim Lovelace, Carl Rhea, Steve Breeding, Rebecca Dye and David Eaton

Nay: None

CERTIFICATION OF EXECUTIVE (CLOSED) SESSION

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

The vote was:

‘Aye: David Eaton, Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Harry Ferguson

Nay: None

Pursuant to § 2.2-3712(D) of the Code of Virginia 1950, as amended each member of the Board of Supervisors upon the Roll Call certifies that to the best of their knowledge (i) only public business

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

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

Are there any who believe a departure has taken place? Seeing none, if you agree that the matters

heard, discussed or considered during the closed meeting were pursuant only to the motion(s) by which

the closed meeting was convened, please signify by saying aye or yes.

Tim Lovelace – AYE Lou Wallace – AYE Carl Rhea – AYE David Eaton – AYE Rebecca Dye - AYE Steve Breeding – AYE Harry Ferguson – AYE

Invocation by Steven Stutzman, Lebanon Baptist Church followed by the Pledge of Allegiance to the Flag.

APPROVAL OF THE AGENDA

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to approve the agenda as amended.

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

PUBLIC HEARING ON THE CLEVELAND SCHOOL PROPERTY

Pursuant to being advertised in a local newspaper for (2) two consecutive weeks, a public hearing was held on the Cleveland School Property. The Chairperson opened the public hearing to comments, hearing none the public hearing was closed.

Ernie McFaddin, Chairman of the Russell County Industrial Development Authority requested that the Cleveland School property be conveyed to the IDA once a feasibility study was completed for a prospective business.

TRANSFER OF THE CLEVELAND SCHOOL PROPERTY TABLED

Motion made by Carl Rhea, second Harry Ferguson and duly approved by the Board of Supervisors to table the transfer of the Cleveland School property.

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

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

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

Tim Lovelace - AYE Lou Wallace - AYE Carl Rhea - AYE David Eaton - AYE Rebecca Dye - AYE Steve Breeding - AYE Harry Ferguson - AYE

Invocation by Steven Stutzman, Lebanon Baptist Church followed by the Pledge of Allegiance to the Flag. APPROVAL OF THE AGENDA

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to approve the agenda as amended.

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

PUBLIC HEARING ON THE CLEVELAND SCHOOL PROPERTY

Pursuant to being advertised in a local newspaper for (2) two consecutive weeks, a public hearing was held on the Cleveland School Property. The Chairperson opened the public hearing to comments, hearing none the public hearing was closed.

Ernie McFaddin, Chairman of the Russell County Industrial Development Authority requested that the

Cleveland Schoo! property be conveyed to the IDA once a feasibility study was completed for a prospective business.

‘TRANSFER OF THE CLEVELAND SCHOOL PROPERTY TABLED.

Motion made by Carl Rhea, second Harry Ferguson and duly approved by the Board of Supervisors to table the transfer of the Cleveland School property.

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

Board Appointments CARL RHEA APPOINTED TO THE CPRWMA

Steve Breeding nominated Carl Rhea. Lou Wallace nominated Tim Lovelace.

Tim Lovelace: (3) three votes - Lou Wallace, Rebecca Dye and Tim Lovelace Carl Rhea: (4) four votes - Steve Breeding, David Eaton, Harry Ferguson and Carl Rhea

Carl Rhea was appointed to the Cumberland Plateau Regional Waste Management Authority for a (4) four-year term, said term ending March 01, 2023.

CUBA PORTER APPOINTED TO THE RUSSELL COUNTY EQUALIZATION BOARD

David Eaton nominated Cuba Porter.

Motion made by Steve Breeding, second David Eaton that nominations cease and Cuba Porter be appointed by acclamation to the Equalization Board for a (4) four-year term, said term ending February 04, 2023.

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

KEMPER FULLER APPOINTED AS AN ALTERNATE TO THE RUSSELL COUNTY EQUALIZATION BOARD

Harry Ferguson nominated Kemper Fuller.

Motion made Lou Wallace, second by Steve Breeding and duly approved by the Board of Supervisors to appoint Kemper Fuller as an alternate to the Equalization Board by acclamation for a (4) four-year term, said term ending February 04, 2023.

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

New Business APPROVAL OF THE JANUARY 09, 2019 MINUTES

The vote was:

‘Aye: Carl Rhea, Harry Ferguson, Tim Lovelace, Lou Wallace, David Eaton, Steve Breeding and Rebecca Dye

Nay: None

Board Appointments CARL RHEA APPOINTED TO THE CPRWMA

Steve Breeding nominated Carl Rhea. Lou Wallace nominated Tim Lovelace.

Tim Lovelace: (3) three votes - Lou Wallace, Rebecca Dye and Tim Lovelace Carl Rhea: (4) four votes - Steve Breeding, David Eaton, Harry Ferguson and Carl Rhea

Carl Rhea was appointed to the Cumberland Plateau Regional Waste Management Authority for a (4) four-year term, said term ending March 01, 2023.

CUBA PORTER APPOINTED TO THE RUSSELL COUNTY EQUALIZATION BOARD David Eaton nominated Cuba Porter.

Motion made by Steve Breeding, second David Eaton that nominations cease and Cuba Porter be appointed by acclamation to the Equalization Board for a (4) four-year term, said term ending February 04, 2023

The vote was:

Aye: David Eaton, Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Harry Ferguson

Nay: None

KEMPER FULLER APPOINTED AS AN ALTERNATE TO THE RUSSELL COUNTY EQUALIZATION BOARD Harry Ferguson nominated Kemper Fuller.

Motion made Lou Wallace, second by Steve Breeding and duly approved by the Board of Supervisors to appoint Kemper Fuller as an alternate to the Equalization Board by acclamation for a (4) four-year term, said term ending February 04, 2023.

The vote was:

‘Aye: Lou Wallace, Steve Breeding, Carl Rhea, Tim Lovelace, David Eaton, Rebecca Dye and Harry Ferguson

Nay: None

New Business

Motion made by Steve Breeding, second Lou Wallace and duly approved by the Board of Supervisors to approve the January 09, 2019 minutes and dispense with the reading thereof.

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

APPROVAL OF GENERAL COUNTY INVOICES

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve general county invoices in the amount of $465,071.95 including withholdings and reoccurring.

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

Citizens Comment

The Chairperson opened citizens comment period.

Michael Hale, Glade Hill Drive, Lebanon, asked that his road be taken into the system.

The Chairperson closed citizens comment period.

County Attorney Reports and Requests

Katie Patton, County Attorney discussed the Dilapidated Structure Ordinance, Litter Ordinance and the County By-Laws.

County Administrator Reports and Requests

APPROVAL TO TAKE OVER THE PAYMENTS ON THE RUSSELL COUNTY PSA BUILDING IN SWORDS CREEK, VA

Motion made by David Eaton, second Lou Wallace and duly approved by the Board of Supervisors to take possession and make the monthly payment in the amount of $514.09 for the Russell County PSA building in Swords Creek. This building is to be used as a Swords Creek Community Center.

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

APPROVAL TO AWARD THE COUNTY IT CONTRACT

Motion made by Steve Breeding, second Lou Wallace and duly approved by the Board of Supervisors to approve the January 09, 2019 minutes and dispense with the reading thereof.

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

APPROVAL OF GENERAL COUN’

IVOICES

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve general county invoices in the amount of $465,077.95 including withholdings and reoccurring.

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

Ferguson

Nay: None

Citizens Comment

The Chairperson opened citizens comment period.

Michael Hale, Glade Hill Drive, Lebanon, asked that his road be taken into the system. The Chairperson closed citizens comment period.

County Attorney Reports and Requests

Katie Patton, County Attorney discussed the Dilapidated Structure Ordinance, Litter Ordinance and the County By-Laws.

County Administrator Reports and Requests

APPROVAL TO TAKE OVER THE PAYMENTS ON THE RUSSELL COUNTY PSA BUILDING IN SWORD: CREEK, VA

Motion made by David Eaton, second Lou Wallace and duly approved by the Board of Supervisors to take possession and make the monthly payment in the amount of $514.09 for the Russell County PSA building in Swords Creek. This building is to be used as a Swords Creek Community Center.

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

APPROVAL TO AWARD THE COUNTY IT CONTRACT

Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to authorize the County Administrator to award an IT contract for the County.

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

APPROVAL OF A TRAVEL REQUEST FROM THE TOURISM DEPARTMENT

Motion made by Lou Wallace, second Steve Breeding and duly approved by the Board of Supervisors to approve a travel request from the Tourism Department.

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

APPROVAL OF A TRAVEL REQUEST FROM THE BUILDING DEPARTMENT

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve a travel request from the Building Department.

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

APPROVAL OF A MORAL OBLIGATION RESOLUTION FOR THE TOWN OF LEBANON

Motion made by Steve Breeding, second Harry Ferguson and duly approved by the Board of Supervisors to approve a Moral Obligation Resolution for the Town of Lebanon to help secure a loan for a prospective business.

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

Other Matters Presented by the Board

The Chairperson appointed Sandra Griffith to the Cannery Committee due to the resignation of Mary Fields.

APPROVAL TO ADJOURN

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

The vote was:

Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to authorize the County Administrator to award an IT contract for the County.

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

APPROVAL OF A TRAVEL REQUEST FROM THE TOURISM DEPARTMENT

Motion made by Lou Wallace, second Steve Breeding and duly approved by the Board of Supervisors to approve a travel request from the Tourism Department.

The vote was; ‘Aye: Lou Wallace, Steve Breeding, Tim Lovelace, David Eaton, Carl Rhea, Rebecca Dye and Harry Ferguson Nay: None APPROVAL OF A TRAVEL REQUEST FROM THE BUILDING DEPARTMENT

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve a travel request from the Building Department.

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

Nay: None

Motion made by Steve Breeding, second Harry Ferguson and duly approved by the Board of Supervisors to approve a Moral Obligation Resolution for the Town of Lebanon to help secure a loan for a prospective business.

The vote was;

Aye: Steve Breeding, Harry Ferguson, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and David Eaton

Nay: None

Other Matters Presented by the Board

The Chairperson appointed Sandra Griffith to the Cannery Committee due to the resignation of Mary Fields. APPROVAL TO ADJOURN

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

The vote was:

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


Clerk of the Board Chairperson

‘Aye: David Eaton, Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Harry Ferguson

Nay: None

Clerk of the Board Chairperson

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