Lunenburg County Board of Supervisors

LUNENBURG COUNTY BOARD OF SUPERVISORS GENERAL DISTRICT COURTROOM LUNENBURG COURTS BUILDING LUNENBURG, VIRGINIA

Minutes of September 6, 2012 Meeting

The continued meeting of the Lunenburg County Board of Supervisors was held on Thursday, August 9, 2012 at 7:00 pm in the General District Courtroom, Lunenburg Courts Building, Lunenburg, Virginia. The following members were present: Supervisors T. Wayne Hoover, Alvester Edmonds, Charles R. Slayton, Frank Bacon, Robert Zava, Edward Pennington, David Wingold, County Administrator Tracy M. Gee, Assistant to the Administrator Nicole Clark, and County Attorney Frank Rennie.

Chairman Hoover called the meeting to order.

Supervisor Zava gave the invocation.

Chairman Hoover stated that he would provide an update on the Southside Regional Library via a formal presentation at the next meeting on September 13, 2012.

Ms. Lynn Klappich of Draper Aden Associates delivered a brief presentation regarding existing landfill operations. Due to the DEQ requirement to close the existing landfill by December 31, 2013, Ms. Klappich presented three options for the County. The first is the construction of a new landfill cell. The second is the construction and operation of a transfer station. The third is the potential sale of the landfill to a private company. Options one and two would potentially be very costly to the county. Option three would provide several potential benefits, such as assumption of closure and post-closure costs and future liability in the landfill, free disposal for the County and Towns, a host fee for out-of- county waste and the purchase price for the property itself. Ms. Klappich suggested that certain controls be required in a contract if this option was selected.

County Attorney Frank Rennie also gave a presentation to discuss the possible sale of the County Landfill. County Attorney Rennie stated his biggest concern with the landfill is the County’s current and future liability. He informed the citizens that a private disposal company has offered to purchase the County’s landfill. Upon taking ownership of the landfill, the Company would assume all liabilities and duties of compliance with applicable laws and regulations, including future pollution and closure liability. The costs of operation of a new cell, closure of the current cell and post closure of the landfill would be financially guaranteed by the Company.

County Attorney Rennie explained that Lunenburg would enter into a Host Agreement with the Company to govern the relationship between the County and the Landfill owner/operator. The Company would pay a host fee on all revenue generating tons with the exception of construction and cover soil material. The Company will continue to operate the landfill as a sanitary landfill accepting the same type of waste as is currently accepted. The Company plans to expand the permit to add new cells to the landfill. The Company will assume responsibility under the Adopt-a-Road program for litter removal along Old Mansion Road. The Company intends to improve odor and landfill appearance.

County Attorney Rennie stated that the Company would make an annual contribution to the County to be used as directed by the Board of Supervisors. All current employees in good standing would have the opportunity to apply and interview for available positions at the landfill. The Company will pay the cost and expenses of employing a full time County Landfill Liaison. The Company will purchase the excess County landfill equipment and trucks at fair market value. The Company will accept trash generated and picked up by the County or its designated hauler at no charge. This will include the County offices, as well as the trash for Kenbridge, Victoria and the County schools. All household trash delivered to the landfill directly by residents will not be charged. Commercial deliveries will be charged the going gate rate.

The company will pay the County a percentage of all net revenues for methane produced following cell closure. The company will pay the County a percentage of all net revenue generated by the sale of recyclable materials received. If the landfill is sold by the Company, the County will receive a percentage of the gross sales price. Written approval by the County will be mandatory prior to the sale.

Administrator Gee read aloud the notice of public hearing noting,

“The potential sale of County Real Property, namely, Lunenburg County Sanitary Landfill, to a private entity, according to Code of Virginia “§ 15.2-734 Purchase, sale, exchange, or lease of real property.”

Supervisor Bacon made motion, seconded by Supervisor Edmonds and unanimously approved, to enter into Public Hearing regarding the potential sale of the Lunenburg County Sanitary Landfill.

Mr. Ronnie Williams of Old Mansion Road stated that he could understand why the County would like to sell the Landfill due to the huge expenses over the next several years. However he is confused as to why an outside company would want the landfill. Mr. Williams expressed that his biggest concern was the increased traffic on Old Mansion Road. He stated that the road is not in very good condition and he believes it will only worsen when increased traffic and heavy trucks begin using it more frequently.

Mr. Wayne “Spike” Zumbro of Reedy Creek Road also stated that he did not want to see increased traffic nor did he want to smell the odor of increased garbage disposal. He questioned what the county will do with trash once they Company fills up this land with closed cells. County Attorney Rennie responded that the County would need to visit other options at that point.

Mr. “Buck” Tharpe of Mays Road said that he had been through a similar experience in Sussex County. He stated that the officials had not properly written up contracts to obtain revenue from the sale of methane gas. This allowed the private company to make a lot of revenue and the County didn’t receive any of it. Sussex county officials promised that taxes would not increase, but the tax payers didn’t see a decrease in taxes with the saving either.

Mrs. Elizabeth Williams of Old Mansion Road stated that she was retired and sees a lot of traffic on her road. She’s afraid that the road can’t handle any additional traffic as it’s already in bad condition. Mrs. Williams believes that if the tax payers had a vote, they would choose not to sell the landfill to a private company.

Mrs. Ann Gaulding of Reedy Creek Road also stated concern for the increased traffic on Old Mansion Road and Route 635. She noted that those wouldn’t be the only two roads affected. She explained that other roads and bridges would be damaged by the increased loads and traffic. She inquired as to where the funds would come from to maintain the roads and bridges. Mrs. Gaulding commented on the odor she smells when driving through Amelia County, who has a privately owned landfill.

Ms. Dawn Hollick of Pairadice Farm Road questioned why this option is being considered. She is afraid the private company will bring in toxic materials and those materials will leak into the soil and ground water. She believes the County is being “dazzled” by the money and therefore not considering the health and safety of the County. She remarked that the County should be responsible for its own landfill and trash.

Mr. Kenny Green of Old Mansion Road stated that he understands the landfill is a big expense to the County but he agrees with the points the other citizens have made this evening. He said that he travels to Richmond regularly and the Amelia County landfill stinks. Mr. Green wonders where the trash will come from and who will monitor what is disposed of in Lunenburg County.

Mr. Greg Elam of 6th Street in Victoria reminded the Board that any business endeavor can be controlled with a contract. He stated that he has on occasion smelled the Amelia landfill when passing through; however, he has also visited the landfill in Colonial Heights and hasn’t smelled any odors. He stated that with the right company, the sale of the landfill could be a win for the county.

Mr. Brian Currin of Overton Road and also a representative of VDOT stated that he didn’t have a strong opinion either way however his is concerned about the increased traffic on the roads near the landfill. He said that VDOT cleans up brush and trees after heavy storms. He believes VDOT should be included in the free dumping if the landfill is sold. He’s afraid VDOT may have increased costs for road maintenance due to the increased traffic.

Supervisor Bacon made motion, seconded by Supervisor Pennington and unanimously approved, to close the Public Hearing regarding the potential sale of the Lunenburg County Sanitary Landfill.

Supervisor Pennington stated that the landfill is in his district and one of his priorities is always safety. He thanked all the speakers for their concerns and comments during the public hearing. He spoke on behalf of the entire Board saying, they will ensure the contract covers all aspects if the landfill is sold.

Supervisor Zava remarked that he appreciated all those that came to speak and share their concerns. He stated that all the issues discussed are good concerns and will need to be addressed. He responded to the question regarding if a private company can profit from the landfill, why can’t the county. Supervisor Zava informed the crowd that the County can’t afford to compete with a private business nor does the County produce enough trash to be profitable. Lunenburg County is the 2 nd lowest producer of solid waste of all the counties in Virginia. He explained that most of the citizens speaking out at the public hearing lived close to the landfill. If County taxes were to increase, Supervisor Zava believes that numerous other citizens would be present to speak out against a tax increase. He stated that the County has cut costs everywhere that they possibly can without cutting services. Liabilities associated with each option must be examined closely.

Supervisor Wingold stated that another potential liability that must be considered is what DEQ or the EPA will require later down the road. Supervisor Bacon made motion, seconded by Supervisor Edmonds and unanimously approved, to enter Closed Session citing Virginia Code Section §2.2-3711A3 Acquisition or Disposition of Publicly Held Real Property.

CERTIFICATION OF CLOSED SESSION MEETING

WHEREAS, the Board of Supervisors of Lunenburg County, Virginia (“Board”) convened a Closed Session Meeting on this date pursuant to an affirmative recorded vote in accordance with the provisions of the Freedom of Information Act; and

WHEREAS, Section §2.2-3712 of the Code of Virginia, 1950, as amended, requires a certification by the Board that such Closed Meeting was conducted in conformity with Virginia law.

NOW, THEREFORE, BE IT RESOLVED that the Board hereby certifies that, to the best of each member’s knowledge, (i) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in the Closed Meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the Closed Meeting were heard, discussed or considered by the Board.

VOTING YES VOTING NO ABSENT

Supervisor Hoover Supervisor Edmonds Supervisor Pennington Supervisor Bacon Supervisor Slayton Supervisor Wingold Supervisor Zava

Supervisor Bacon made motion, seconded by Supervisor Slayton and unanimously approved, to return to Open Session.

Supervisor Bacon made motion, seconded by Supervisor Edmonds and unanimously approved, to continue to adjourn.

______Tracy M. Gee, Clerk T. Wayne Hoover, Chairman County Administrator Board of Supervisors