No Moss 3 Landfill Online Library Russell County Board of Supervisors Meetings Minutes 2020-11-02 18 00-Russell BOS-Regular Meeting-Minutes

2020-11-02 18 00-Russell BOS-Regular Meeting-Minutes

Document Date: November 2, 2020 Document: 2020-11-02_18_00-Russell_BOS-Regular_Meeting-Minutes.pdf

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November 02, 2020

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

2, 2020 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 (by phone from her home due to COVID 19 quarantine) Carl Rhea David Eaton Steve Breeding Rebecca Dye Oris Christian

Lonzo Lester, Clerk Vicki Porter, Deputy Clerk Senator Ben Chafin, County Attorney

Absent: None

EXECUTIVE (CLOSED) SESSION

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to enter Executive (closed) Session to discuss legal matters pursuant to Section 2.2-3711(A)(1) – discussions concerning Personnel Matters.

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

APPROVAL TO RETURN TO REGULAR SESSION

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

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

November 02, 2020

Aregular monthly meeting of the Russell County Board of Supervisors was held on Monday, November 2, 2020 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 (by phone from her home due to COVID 19 quarantine) Carl Rhea

David Eaton

Steve Breeding

Rebecca Dye

Oris Christian

Lonzo Lester, Clerk Vicki Porter, Deputy Clerk Senator Ben Chafin, County Attorney

Absent: None

EXECUTIVE (CLOSED) SESSION

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to enter Executive (closed) Session to discuss legal matters pursuant to Section 2.2-3711(A)(1) — discussions concerning Personnel Matters.

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

APPROVAL TO RETURN TO REGULAR SESSION

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

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

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

APPROVAL OF THE AGENDA

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

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

Presentations

Andy Smith, Vice Chairman of the Russell County Planning Commission addressed the Board concerning the need for a County agent to be present at the Planning Commission monthly meetings. He asked that the Board consider appointing someone to assume that role.

Melissa Parsons, Department of Emergency Management commented that the participation agreement with the county needs to be signed to allow the transition to the NG911 Migration Program. She gave an overview of the new 911 system and how it would now operate through fiber.

APPROVAL OF THE NG911 MIGRATION PROGRAM PARTICIPAITON AGREEMENT

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve the NG911 Migration Program Participation Agreement.

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

Information Act and (i) 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 Oris Christian — AYE

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

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

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

Presentations Andy Smith, Vice Chairman of the Russell County Planning Commission addressed the Board concerning

the need for a County agent to be present at the Planning Commission monthly meetings. He asked that the Board consider appointing someone to assume that role.

Melissa Parsons, Department of Emergency Management commented that the participation agreement with the county needs to be signed to allow the transition to the NG911 Migration Program. She gave an overview of the new 911 system and how it would now operate through fiber.

APPROVAL OF THE NG911 MIGRATION PROGRAM PARTICIPAITON AGREEMENT

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve the NG911 Migration Program Participation Agreement.

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

Nay: None

New Business

APPROVAL OF OCTOBER 05, 2020 MINUTES

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

the October 05, 2020 minutes and dispense with the reading thereof.

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

APPROVAL OF THE OCTOBER 27, 2020 MINUTES

Motion made by Tim Lovelace, second Carl Rhea and duly approved by the Board of Supervisors to

approve the October 27, 2020 minutes and dispense with the reading thereof.

The vote was:

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

APPROVAL GENERAL COUNTY INVOICES

Motion made by Steve Breeding, second Lou Wallace and duly approved by the Board of Supervisors to approve general county invoices in the amount of $1,430,083.88 , including reoccurring and withholdings.

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

TIM LOVELACE REAPPOINTED TO THE COAL HAUL ROAD COMMITTEE

Motion made by Oris Christian, second Steve Breeding and duly approved by the Board of Supervisors to reappoint Tim Lovelace to the Coal Haul Road Committee for a four (4) year term, said term ending November 07, 2024.

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

Citizens Comment

The Chair opened citizens’ comment.

Steve and Teresa Franklin and Nelson Hayes, Castlewood spoke about the little league field gates being locked in Castlewood. Several attempts have been made to work something out with them but they have not been able to resolve the issue. They want to use the field for their daughter to practice and

Nay: None New Business ‘APPROVAL OF OCTOBER 05, 2020 MINUTES

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to ‘the October 05, 2020 minutes and dispense with the reading thereof.

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

APPROVAL OF THE OCTOBER 27, 2020 MINUTES

Motion made by Tim Lovelace, second Carl Rhea and duly approved by the Board of Supervisors to approve the October 27, 2020 minutes and dispense with the reading thereof.

The vote was:

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

APPROVAL GENERAL COUNTY INVOICES

Motion made by Steve Breeding, second Lou Wallace and duly approved by the Board of Supervisors to approve general county invoices in the amount of $1,430,083.88 , including reoccurring and withholdings

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

Nay: Nay TIM LOVELACE REAPPOINTED TO THE COAL HAUL ROAD COMMITTEE Motion made by Oris Christian, second Steve Breeding and duly approved by the Board of Supervisors to

reappoint Tim Lovelace to the Coal Haul Road Committee for a four (4) year term, said term ending November 07, 2024.

The vote was:

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

Citizens Comment

The Chair opened citizens’ comment.

Steve and Teresa Franklin and Nelson Hayes, Castlewood spoke about the little league field gates being

locked in Castlewood. Several attempts have been made to work something out with them but they have not been able to resolve the issue. They want to use the field for their daughter to practice and

think that they are entitled to do so since they are taxpayers. Mr. Franklin stated that he did not have a problem with the Clinch River Little League using and leasing the field. He just wants the community to be able to access it when not in use by the little league.

Jim Lyttle, Pastor of the Church Hill United Methodist Church commented that the “hot spot” at the church that was made available for students to use was a success. He thanked the public and the board. He also stated that the Tourism Advisory Committee had several fundraisers ongoing and was pleased with everyone involved and the work that they do.

Dustin Keith, Lebanon stated that the GIS system that the county uses should be free for everyone to use. All the surrounding counties allow access without charging a fee. Mr. Keith is also a member of the Russell County Planning Commission.

The Chair closed citizens’ comment.

County Attorney Reports and Requests

Senator Chafin, County Attorney commented that he would address the Board in Executive (closed) Session at the end of the meeting.

APPROVAL OF RUSSELL COUNTY “CARES” BUSINESS GRANTS

Motion made by David Eaton, second Tim Lovelace and duly approved by the Board of Supervisors to approve the Russell County “Cares” Business Grants subject to the criteria in the application.

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

PUBLIC HEARING TO BE HELD ON THE RUSSELL COUNTY EROSION AND SEDIMENT ORDINANCE

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to approve a public hearing for the Russell County Erosion and Sediment Ordinance to be held at the next board meeting on Wednesday, December 09, 2020 at 6:00 pm.

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

APPROVAL OF THE ANNUAL TURKEY DONATION PROGRAM

Motion made by Carl Rhea, second David Eaton and duly approved by the Board of Supervisors to approve the annual Russell County turkey donation program in the amount of $10,000.

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

think that they are entitled to do so since they are taxpayers. Mr. Franklin stated that he did not have a problem with the Clinch River Little League using and leasing the field. He just wants the community to be able to access it when not in use by the little league.

Jim Lyttle, Pastor of the Church Hill United Methodist Church commented that the “hot spot” at the church that was made available for students to use was a success. He thanked the public and the board. He also stated that the Tourism Advisory Committee had several fundraisers ongoing and was pleased with everyone involved and the work that they do.

Dustin Keith, Lebanon stated that the GIS system that the county uses should be free for everyone to use. All the surrounding counties allow access without charging a fee. Mr. Keith is also a member of the Russell County Planning Commission.

The Chair closed citizens’ comment. inty Attorney Ré ind Re

Senator Chafin, County Attorney commented that he would address the Board in Executive (closed) Session at the end of the meeting

Motion made by David Eaton, second Tim Lovelace and duly approved by the Board of Supervisors to approve the Russell County “Cares” Business Grants subject to the criteria in the application.

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

PUBLIC HEARING TO BE HELD ON THE RUSSELL COUNTY EROSION AND SEDIMENT ORDINANCE

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to approve a public hearing for the Russell County Erosion and Sediment Ordinance to be held at the next board meeting on Wednesday, December 09, 2020 at 6:00 pm.

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

APPROVAL OF THE ANNUAL TURKEY DONATION PROGRAM

Motion made by Carl Rhea, second David Eaton and duly approved by the Board of Supervisors to approve the annual Russell County turkey donation program in the amount of $10,000.

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

APPROVAL OF THANKGIVING AND CHRISTMAS DAY HOLIDAY PAY FOR PART TIME COUNTY EMPLOYEES

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to authorize Thanksgiving and Christmas Day payments for part time county employees.

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

APPROVAL OF A LETTER OF SUPPORT FOR THE CPRHA GRANT APPLICATION FOR DANTE

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to approve a letter of support and authorize the Chair to sign a Cumberland Plateau Regional Housing Authority housing project grant application for the Dante community.

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

APPROVAL TO CHANGE THE DECEMBER 07, 2020 BOS MEETING TO DECEMBER 09, 2020

Motion made by Steve Breeding, second Carl Rhea and duly approved by the Board of Supervisors to change the December 07, 2020 Board of Supervisors meeting date to Wednesday, December 09, 2020 at 6:00 pm due to the county Christmas parade schedule.

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

EXECUTIVE (CLOSED) SESSION

Motion made by Steve Breeding, second Oris Christian and duly approved by the Board of Supervisors to enter Executive (closed) session to discuss legal matters pursuant to Section 2.2-3711(A)(1) – discussions concerning Personnel Matters.

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

APPROVAL TO RETURN TO REGULAR SESSION

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

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

EMPLOYEES

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to authorize Thanksgiving and Christmas Day payments for part time county employees.

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

Nay: None ‘APPROVAL OF A LETTER OF SUPPORT FOR THE CPRHA GRANT APPLICATION FOR DANTE

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to approve a letter of support and authorize the Chair to sign a Cumberland Plateau Regional Housing Authority housing project grant application for the Dante community.

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

APPROVAL TO CHANGE THE DECEMBER 07, 2020 BOS MEETING TO DECEMBER 09, 2020

Motion made by Steve Breeding, second Carl Rhea and duly approved by the Board of Supervisors to change the December 07, 2020 Board of Supervisors meeting date to Wednesday, December 09, 2020 at 6:00 pm due to the county Christmas parade schedule

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

Nay: None EXECUTIVE (CLOSED) SESSION

Motion made by Steve Breeding, second Oris Christian and duly approved by the Board of Supervisors to enter Executive (closed) session to discuss legal matters pursuant to Section 2.2-3711(A)(1) - discussions concerning Personnel Matters.

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

APPROVAL TO RETURN TO REGULAR SESSION

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

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

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 Oris Christian – AYE

APPROVAL TO ADVERTISE FOR A FULL TIME DEPUTY EMERGENCY MANAGEMENT COORDINATOR

Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to advertise for a full-time deputy Emergency Management Coordinator.

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

APPROVAL TO ADJOURN

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

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


Clerk of the Board Chairperson

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 (i) 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 Oris Christian — AYE

Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to advertise for a full-time deputy Emergency Management Coordinator.

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

APPROVAL TO ADJOURN

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

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

Clerk of the Board Chairperson

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