Landfill host agreement approved

Published 1:31 am Wednesday, August 8, 2018

In a brief meeting that clocked just more than 13 minutes, members of the Cumberland County Board of Supervisors voted 3-2 with the majority in favor of approving the community host agreement with three changes put into place.

Chairman Kevin Ingle and District Two Supervisor Lloyd Banks voted in opposition to the motion and District One Supervisor William “Bill” Osl, District Four Supervisor David Meinhard and District Five Supervisor Parker Wheeler voted in favor. Osl made the motion in favor of the agreement.

The changes to the community host agreement included eliminating fly ash as an unacceptable material; having parent company County Waste of Virginia, LLC, in place of Green Ridge, LLC be the guarantor of the agreement, or the party responsible for the operations; and establish a property assurance program for residents who live within a half mile radius of the permitted disposal area of the landfill.

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During the meeting, participants held signs and some wore black to signify mourning of the landfill situation.

Members of the board also voted to approve budget transfer for fiscal year 2018, which ended June 30, and tabled a vote on the county’s health insurance to potentially terminate a self-funded insurance program administered through Anthem and adopt The Local Choice Program with Bankers Insurance LLC.

While fly ash would be considered an unacceptable waste item, it would be permitted as construction material, though officials at Green Ridge cited after the meeting that it would be unlikely they would use it. In addition, they said the fly ash material would have to be approved by the Virginia Department of Environmental Quality (VDEQ) before it could be used for construction.

William Shewmake, the attorney representing County Waste of Virginia and Green Ridge, said the property assurance program would apply for residents who live within a half mile of the western side and eastern side of the landfill, and include properties that saw reductions in home value due to the landfill.

“All of the properties that are adjacent to the landfill, to the extent the owners have signed up for the program, will be covered in one form or another under the assurance program,” Shewmake said.

Ingle asked whether there was an exact rate property owners can expect to be compensated.

Shewmake said County Waste of Virginia and the board of supervisors would agree on an approved list of at least two residential real estate appraisers licensed in Virginia who would give an estimate of the homes in question. The county and County Waste of Virginia would hire a third appraiser if the two appraisers cannot agree on a price. Shewmake said County Waste of Virginia would add an additional $15,000 to whatever price the appraisers list.

“The appraisal shall assume that no Landfill exists when calculating the appraisal value,” the host agreement cited.

There were 29 tax identification items listed in the host agreement. Green Ridge officials confirmed that those tax identification numbers are those properties that have homesteads, houses and adjoining outbuildings such as barns.

“The appraisal of the Nearby Property shall not include any dwelling constructed after July 1, 2018, or the value of any addition or other improvement in excess of $25,000 that is installed or constructed on the Nearby Property after July 1, 2018,” the host agreement cited.

“The owners don’t have to sell, but if they want to sell, Green Ridge is guaranteeing that they will buy those properties with the added increased in the purchase property,” Shewmake said.

There would be a sign-up period beginning Aug. 20 that will end Feb. 28, 2019, when participants can sign up for the program, the host agreement cited. The participants will receive the offer to sign up via certified mail to their residences.

“He’s hiding nothing that is in the host agreement, and that is what is in the proposal,” Ingle said.

Ingle said he thought the amount cited from Green Ridge and County Waste of Virginia was low compared with the cost of relocating.

“We owe it our citizens to try to do the best we can for them,” Ingle said. “Green Ridge has not said anything that hasn’t been true. They have not told us anything that was not true … I just want to make that clear from the very beginning. They have not misrepresented themselves in any way to the Cumberland County Board of Supervisors. And with that said, I really feel that the payouts for the properties that are adjacent to the proposed landfill and the other residents of Miller Lane should see at least two times the actual appraised value.”

Members of the audience applauded during Ingle’s statement.

Ingle asked whether members of the board had comments about a potential decision to increase the compensation for residents.

No members of the board provided additional discussion.

“We are content with their proposal and how it’s written, that County Waste will be the responsible person or entity for Green Ridge’s contract with the county,” Ingle said.

During and following the vote, some members of the audience rose to leave, and called statements such as “I’m opposed,” to the board.

There was no second made on the motion. Ingle said Friday the board used a special set of rules for small organizations.

The rules, Ingle said, are established by Robert’s Rules of Order. Robert’s Rules of Order is a guide for governmental boards. For boards that consist of fewer than 12 members, Robert’s Rules of Order for small organizations does not require a motion to be seconded before it is voted on.

The board will hold its regular meeting Tuesday, Aug. 14, 7 p.m. at the Cumberland Courthouse.