No Moss 3 Landfill Online Library Russell County Board of Supervisors Meetings Minutes 2019-06-03 18 00-Russell BOS-Regular Meeting-Minutes

2019-06-03 18 00-Russell BOS-Regular Meeting-Minutes

Document Date: June 3, 2019 Document: 2019-06-03_18_00-Russell_BOS-Regular_Meeting-Minutes.pdf

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June 03, 2019

A regular monthly meeting of the Russell County Board of Supervisors was held on Monday, June 03,

2019 beginning at 5:00 pm with Executive (Closed) Session followed by the regular meeting at 6:00 pm

at the Russell County Government Center in Lebanon, Virginia.

The Clerk called the meeting to order.

Roll Call by the Clerk:

Present:

Tim Lovelace Lou Wallace (joined the meeting at 5:30) 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 Executive (closed) session to discuss Legal and Personnel Matters pursuant to Section 2.2- 3711 (A), (1), (3), (7), and (8).

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

APPROVAL TO RETURN TO REGULAR SESSION

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

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

June 03, 2019

Aregular monthly meeting of the Russell County Board of Supervisors was held on Monday, June 03, 2019 beginning at 5:00 pm with Executive (Closed) Session followed by the regular meeting at 6:00 pm at the Russell County Government Center in Lebanon, Virginia.

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

Tim Lovelace Lou Wallace (joined the meeting at 5:30) 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 Executive (closed) session to discuss Legal and Personnel Matters pursuant to Section 2.2- 3714 (A), (1), (3), (7), and (8).

The vote was:

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

Nay: None APPROVAL TO RETURN TO REGULAR SESSION

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

The vote was:

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

Nay: None

CERTIFICATION OF EXECUTIVE (CLOSED) SESSION

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

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

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

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

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

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

Invocation by Pastor Justin McCracken, Grace Baptist Church followed by the Pledge of Allegiance to the Flag.

APPROVAL OF THE AGENDA

Motion made by Harry Ferguson, second David Eaton and duly approved by the Board of Supervisors to

approve the agenda as amended with the addition of the County Administrator’s contract.

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

PUBLIC HEARING HELD ON THE FY 2019/2020 GENERAL OPERATING BUDGET AND TAX RATES

Pursuant to being advertised in a local newspaper for (2) two consecutive weeks, a Public Hearing was held on the FY 2019/2020 General Operating Budget and Tax Rates. The Chairperson opened the public hearing to comments.

The County Administrator gave an update on the proposed budget and tax rates.

Hearing no comments, the Chairperson closed the public hearing.

CERTIFICATION OF EXECUTIVE (CLOSED) SESSION

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

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

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

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

Invocation by Pastor Justin McCracken, Grace Baptist Church followed by the Pledge of Allegiance to the Flag APPROVAL OF THE AGENDA

Motion made by Harry Ferguson, second David Eaton and duly approved by the Board of Supervisors to approve the agenda as amended with the addition of the County Administrator’s contract.

The vote was:

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

Nay: None

PUBLIC HEARING HELD ON THE FY 2019/2020 GENERAL OPERATING BUDGET AND TAX RATES Pursuant to being advertised in a local newspaper for (2) two consecutive weeks, a Public Hearing was held on the FY 2019/2020 General Operating Budget and Tax Rates. The Chairperson opened the public. hearing to comments

The County Administrator gave an update on the proposed budget and tax rates.

Hearing no comments, the Chairperson closed the public hearing,

Board Appointments

JIM LYTTLE, JAS0N GULLETT, JENNIFER CHUMBLEY, JEFF HESS, BRANDON BLEVINS, MARKETTA HORTON AND ALICE MEADE APPOINTED TO THE TOURISM COMMITTEE

Tim Lovelace nominated Jim Lyttle, hearing no other nominations, Jim Lyttle was appointed to the Tourism Committee for a (4) four-year term, said term ending June 30, 2023.

Lou Wallace nominated Jason Gullett, hearing no other nominations, Justin Gullet was appointed to the Tourism Committee for a (4) four-year term, said term ending June 30, 2023.

Carl Rhea nominated Jennifer Chumbley, hearing no other nominations, Jennifer Chumley was appointed to the Tourism Committee for a (4) four-year term, said term ending June 30, 2023.

David Eaton nominated Jeff Hess, hearing no other nominations, Jeff Hess was appointed to the Tourism Committee for a (4) four-year term, said term ending June 30, 2023.

Steve Breeding nominated Brandon Blevins, hearing no other nominations, Brandon Blevins was appointed to the Tourism Committee for a (4) four-year term, said term ending June 30, 2023.

Rebecca Dye nominated Marketta Horton, hearing no other nominations, Marketta Horton was appointed to the Tourism Committee for a (4) four-year term, said term ending June 30, 2023.

Harry Ferguson nominated Alice Meade, hearing no other nominations, Alice Meade was appointed to the Tourism Committee for a (4) four-year term, said term ending June 30, 2023.

BRIAN FERGUSON RE-APPOINTED TO THE RUSSELL COUNTY DEPARTMENT OF SOCIAL SERVICES BOARD

Motion made David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to re- appoint Brian Ferguson to the Russell County Department of Social Services Board for a (4) four-year term, said term ending June 30, 2023.

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

SHARON OWENS APPOINTED TO THE RUSSELL COUNTY DEPARTMENT OF SOCIAL SERVICES BOARD

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to appoint Sharon Owens to the Russell County Department of Social Services Board for a (4) four-year term, said term ending June 30, 2023.

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

Board Appointments

JIMLYTTLE, JASON GULLETT, JENNIFER CHUMBLEY, JEFF HESS, BRANDON BLEVINS, MARKETTA HORTON AND ALICE MEADE APPOINTED TO THE TOURISM COMMITTEE

Tim Lovelace nominated Jim Lyttle, hearing no other nominations, Jim Lyttle was appointed to the Tourism Committee for a (4) four-year term, said term ending June 30, 2023.

Lou Wallace nominated Jason Gullett, hearing no other nominations, Justin Gullet was appointed to the Tourism Committee for a (4) four-year term, said term ending June 30, 2023.

Carl Rhea nominated Jennifer Chumbley, hearing no other nominations, Jennifer Chumley was appointed to the Tourism Committee for a (4) four-year term, said term ending June 30, 2023.

David Eaton nominated Jeff Hess, hearing no other nominations, Jeff Hess was appointed to the Tourism Committee for a (4) four-year term, said term ending June 30, 2023.

Steve Breeding nominated Brandon Blevins, hearing no other nominations, Brandon Blevins was appointed to the Tourism Committee for a (4) four-year term, said term ending June 30, 2023.

Rebecca Dye nominated Marketta Horton, hearing no other nominations, Marketa Horton was appointed to the Tourism Committee for a (4) four-year term, said term ending June 30, 2023.

Harry Ferguson nominated Alice Meade, hearing no other nominations, Alice Meade was appointed to the Tourism Committee for a (4) four-year term, said term ending June 30, 2023,

BRIAN FERGUSON RE-APPOINTED TO THE RUSSELL COUNTY DEPARTMENT OF SOCIAL SERVICES BOARD

Motion made David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to re- appoint Brian Ferguson to the Russell County Department of Social Services Board for a (4) four-year term, said term ending June 30, 2023.

The vote was:

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

Abstain: Harry Ferguson

HARON OWENS APPOINTED TO THE RUSSELL COUNTY DEPARTMENT OF SOCIAL SERVICES BOARD

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to appoint Sharon Owens to the Russell County Department of Social Services Board for a (4) four-year term, said term ending June 30, 2023.

The vote was:

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

Nay: None

FRANK HORTON, RON BLANKENSHIP AND JAMES EATON APPOINTED TO THE CUMBERLAND PLATEAU ECONOMIC DEVELOPMENT COMMISSION

Steve Breeding nominated Frank Horton, hearing no other nominations, Frank Horton was re-appointed to the Cumberland Plateau Economic Development Commission for a (1) one-year term, said term ending June 30, 2020.

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

Carl Rhea nominated Ron Blankenship, hearing no other nominations, Ron Blankenship was re- appointed to the Cumberland Plateau Economic Development Commission for a (1) one-year term, said term ending June 30, 2020.

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

Lou Wallace nominated James Eaton, Jr., hearing no other nominations, James Eaton, Jr. was re- appointed to the Cumberland Plateau Economic Development Commission for a (1) one-year term, said term ending June 30, 2020.

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

JASON GULLETT RE-APPOINTED TO THE DANTE COMMUNITY CENTER BOARD

Lou Wallace nominated Jason Gullett, hearing no other nominations, Jason Gullett was appointed to the Dante Community Center Board for a (2) two-year term, said term ending June 30, 2021.

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

RANDALL HILLMAN APPOINTED TO THE SWCC LOCAL COLLEGE ADVISORY BOARD

Steve Breeding nominated Randall Hillman, hearing no other nominations, Randall Hillman was appointed to the Southwest Virginia Community College Local College Advisory Board for a (4) four-year term June 30, 2023.

The vote was:

FRANK HORTON, RON BLANKENSHIP AND JAMES EATON APPOINTED TO THE CUMBERLAND PLATEAU.

Steve Breeding nominated Frank Horton, hearing no other nominations, Frank Horton was re-appointed to the Cumberland Plateau Economic Development Commission for a (1) one-year term, said term ending June 30, 2020.

The vote was:

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

Nay: None

Carl Rhea nominated Ron Blankenship, hearing no other nominations, Ron Blankenship was re- appointed to the Cumberland Plateau Economic Development Commission for a (1) one-year term, said term ending June 30, 2020.

The vote was:

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

Nay: None

Lou Wallace nominated James Eaton, Jr., hearing no other nominations, James Eaton, Jr. was re- appointed to the Cumberland Plateau Economic Development Commission for a (1) one-year term, said term ending June 30, 2020.

The vote was:

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

Abstain: David Eaton

JASON GULLETT RE-APPOINTED TO THE DANTE COMMUNITY CENTER BOARD

Lou Wallace nominated Jason Gullett, hearing no other nominations, Jason Gullett was appointed to the Dante Community Center Board for a (2) two-year term, said term ending June 30, 2021

The vote was:

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

Nay: None

RANDALL HILLMAN APPOINTED TO THE SWCC LOCAL COLLEGE ADVISORY BOARD

Steve Breeding nominated Randall Hillman, hearing no other nominations, Randall Hillman was appointed to the Southwest Virginia Community College Local College Advisory Board for a (4) four-year term June 30, 2023,

The vote was:

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

New Business

APPROVAL OF THE MAY 06, 2019 MINUTES

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve the May 06, 2019 as presented and dispense with the reading thereof.

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

APPROVAL OF THE MAY 13, 2019 MINUTES

Motion made by Steve Breeding, second Carl Rhea and duly approved by the Board of Supervisors to approve the May 13, 2019 as presented and dispense with the reading thereof.

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

APPROVAL OF GENERAL COUNTY INVOICES

Motion made by David Eaton, second Tim Lovelace and duly approved by the Board of Supervisors to approve general county invoices in the amount of $554,651.18 including reoccurring and withholdings.

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

Citizens Comment

The Chairperson opened citizens comment period.

Kelly McBride Delph, RCPL, invited the Board to attend the Summer Evening Programs as well as a map exhibition that are scheduled at the library.

The Chairperson closed citizens comment period.

County Attorney Reports and Requests

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

APPROVAL OF THE MAY 06, 2019 MINUTES

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve the May 06, 2019 as presented and dispense with the reading thereof.

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

APPROVAL OF THE MAY 13, 2019 MINUTES

Motion made by Steve Breeding, second Carl Rhea and duly approved by the Board of Supervisors to approve the May 13, 2019 as presented and dispense with the reading thereof.

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

APPROVAL OF GENERAL COUNTY INVOICES

Motion made by David Eaton, second Tim Lovelace and duly approved by the Board of Supervisors to approve general county invoices in the amount of $554,651.18 including reoccurring and withholdings.

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

Nay: None

ns Comment The Chairperson opened citizens comment period.

Kelly McBride Delph, RCPL, invited the Board to attend the Summer Evening Programs as well as a map exhibition that are scheduled at the library.

The Chairperson closed citizens comment period

County Attorney Reports and Requests

Katie Patton, County Attorney addressed several issues that the Board needed to consider.

  1. Dante Community Lease Agreement
  2. Play-Area ADA Requirements
  3. VDOT Quitclaim Deed for Destination Center Property
  4. County Administrator’s Contract

APPROVAL OF VDOT QUITCLAIM DEED

Motion made by David Eaton, second Lou Wallace and duly approved by the Board of Supervisors to approve and accept a VDOT Quitclaim Deed for the Destination Center Property.

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

The County Administrator’s contract was tabled to allow the Board to review.

APPROVAL OF THE AMENDED ARTICLES OF INCORPORATION FOR THE CPRWMA

Motion made by Steve Breeding, second Harry Ferguson and duly approved by the Board of Supervisors to approve the Amended Articles of Incorporation for the Cumberland Plateau Regional Waste Management Authority to include the elimination of the 7th member.

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

County Administrator Reports and Requests

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to authorize the Chairperson to sign the VDOT Quitclaim Deed for the Destination Center Property.

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

APPROVAL TO ADJOURN TO RECONVENE ON JUNE 12, 2019 AT 4:00 PM

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to adjourn to reconvene on Wednesday, June 12, 2019 at 4:00 pm.

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

Katie Patton, County Attorney addressed several issues that the Board needed to consider.

  1. Dante Community Lease Agreement,
  2. Play-Area ADA Requirements
  3. VDOT Quitclaim Deed for Destination Center Property 4, County Administrator’s Contract

APPROVAL OF VDOT QUITCLAIM DEED

Motion made by David Eaton, second Lou Wallace and duly approved by the Board of Supervisors to. approve and accept a VDOT Quitclaim Deed for the Destination Center Property

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

Nay: None

The County Administrator’s contract was tabled to allow the Board to review.

Motion made by Steve Breeding, second Harry Ferguson and duly approved by the Board of Supervisors to approve the Amended Articles of Incorporation for the Cumberland Plateau Regional Waste Management Authority to include the elimination of the 7% member.

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

Nay: None

c i R R

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to. authorize the Chairperson to sign the VDOT Quitclaim Deed for the Destination Center Property.

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

APPROVAL TO ADJOURN TO RECONVENE ON JUNE 12, 2019 AT 4:00 PM

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to adjourn to reconvene on Wednesday, June 12, 2019 at 4:00 pm.

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

Nay: None

Clerk of the Board Chairperson

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