minutes - buchanan county online a regular meeting of ... craig stiltner g. roger rife earl scott l....

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MINUTES

A regular meeting of the Buchanan County Board of Supervisors was held on

Monday the 7th day of March 2016 starting at 10:00 o’clock a.m. in the boardroom of the

Buchanan County Courthouse located in Grundy, Virginia.

PRESENT: J. Carroll Branham, Chairman

Trey Adkins

William P. Harris

Harold H. Fuller

Craig Stiltner

G. Roger Rife

Earl Scott

L. Lee Moise, County Attorney

Robert Craig Horn

County Administrator

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The meeting was called to order with Prayer and Pledge of Allegiance.

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IN RE: TOM HOLLAND, ELECTORAL BOARD MEMBER - CONSIDER

ADDITIONAL APPROPRIATION TO THE BUCHANAN COUNTY

ELECTORAL BOARD TO COVER ELECTION OFFICER PAY

AND COST FOR PROGRAMMING VOTING MACHINES AND

BALLOTS AND REGISTRAR’S OFFICE TO COVER PAYROLL

EXPENSES

Tom Holland, Electoral Board Member requested additional funding for the

electoral board and registrar’s office budgets. He requested $21,400 to cover election

officers pay and election cost for programming voting machines and ballots for the

electoral boards budget and $10,400 to the registrar’s office to cover payroll expenses.

Vickie Clevinger, Registrar stated the funding had been requested last year for

this fiscal year, but the budget was cut.

Trey Adkins, Knox District Supervisor asked if there were any federal or state

funding available to assist with the election officers pay and programming the voting

machines and ballots.

Mrs. Clevinger stated no, the county is responsible.

After a general discussion by the board upon motion of Trey Adkins seconded by

Craig Stiltner and with a roll call vote of seven (7) yeas, Harold H. Fuller, Trey Adkins,

Craig Stiltner, G. Roger Rife, Earl Scott, William P. Harris, J. Carroll Branham and zero

(0) nays, this board did hereby approve the following transfers from Fund 1, Capital

Outlay, (construction) account number 94100-7010:

Transfer $21,400.00 to Electoral Board, (prof. services), account number 13010-

3100 to cover election officer pay and election cost for programming voting

machines and ballots;

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Transfer $10,400.00 to Reg. Office (salaries), account number 13020-1150 to

cover payroll expenses.

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IN RE: CONSIDER ADOPTING A RESOLUTION CELEBRATING THE

LIFE OF TRUMAN ADLAI MULLINS AND PRESENTATION OF

THE PLAQUE

Harold H. Fuller, Garden District Supervisor stated I’ve known Adlai since grade

school. We’ve been together the biggest part of our lives. Adlai was dedicated to the

county and wanted to help his community anyway he could, he stated. Also, Adlai

worked for the county as a coal haul road inspector in his district.

After a general discussion by the board upon motion of Harold H. Fuller seconded

by Trey Adkins and with a roll call vote of seven (7) yeas, Harold H. Fuller, Trey Adkins,

Craig Stiltner, G. Roger Rife, Earl Scott, William P. Harris, J. Carroll Branham and zero

(0) nays, this board did hereby adopt the following Resolution celebrating the life of

Truman Adlai Mullins and presented the plaque to his wife and son:

RESOLUTION

Celebrating the life of Truman Adlai Mullins

WHEREAS, Truman Adlai Mullins of Pilgrim’s Knob, a retired equipment operator for

Jewell Smokeless and respected community volunteer, died on January 20th, 2016; and

WHEREAS, Truman Adlai Mullins was born on September 10th, 1952 in Buchanan

County, Virginia, to Jay and Bessie Mae Johnson Mullins; and

WHEREAS, Truman Adlai Mullins was a lifelong resident of Buchanan County and

attended Whitewood High School, Southwest Virginia Community College where he

received an associate’s degree in business and served in the United States Army; and

WHEREAS, known for his authentic personality and his strong sense of integrity,

Truman Adlai Mullins was a true loyalist to Buchanan County and was a avid high

school basketball fan and loved fishing; and

WHEREAS, as a commendable leader, Truman Adlai Mullins loved his community and

region and worked diligently to help his fellow citizens and Buchanan County with his

warm smile and neighborly spirit; and

WHEREAS, believing that he could make a difference, Truman Adlai Mullins was on

the Board of Directors for Dismal River Rescue, Buchanan County Public Service

Authority and volunteered his time to Feeding America; and

WHEREAS, while Truman Adlai Mullins will be deeply missed by his loving wife,

Bonnie Sue Rife Mullins; his three sons (Brannon, Jeremy and Arron) and their families,

his remaining siblings and their families; and his abundant friends and admirers; he

leaves behind a legacy of service and the influence on many lives that he has touched;

therefore,

BE IT RESOLVED, that the Buchanan County, Va., Board of Supervisors issues this

Resolution as a means of celebrating and commemorating the life of Truman Adlai

Mullins as a dedicated husband, father and community volunteer.

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This Resolution was adopted by unanimous vote of the Buchanan County Board of

Supervisors on this the 7th day of March, 2016.

_______________________________

J. Carroll Branham, Chairman of the

Buchanan Board of Supervisors

ATTEST:

_______________________________

Robert C. Horn, County Administrator

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IN RE: CONRAD HILL, RESIDENCY ADMINISTRATOR – TO DISCUSS

A REVENUE SHARING TRANSFER FOR THE OVERLAY

PACKAGE FOR 2016

Conrad Hill, Residency Administrator for the Virginia Department of

Transportation (VDOT) stated the VDOT has monies for projects for previous structural

overlays in FY 14 and FY 15 that can be transferred to the structural overlays plan for FY

16. The previous projects have a surplus of approximately $94,583.00 and

$1,155,417.00. These funds need to be transferred so we can advertise and move forward

in awarding a contract.

After a general discussion by the board upon motion of Craig Stiltner seconded by

Harold H. Fuller and with a roll call vote of seven (7) yeas, Craig Stiltner, Harold H.

Fuller, G. Roger Rife, Earl Scott, William P. Harris, Trey Adkins, J. Carroll Branham and

zero (0) nays, this board did hereby adopt the following Resolution transferring the

surplus funding for FY14 (UPC 104140) and FY15 (UPC 105570) to the Structural

Overlay Plan (UPC 107238) for 2015/2016:

The Board of Supervisors of Buchanan County, in regular meeting on the 7th day

of March, 2016, adopted the following:

RESOLUTION

WHEREAS, the Buchanan County Coal and Gas Road Advisory Committee and the

Buchanan County Board of Supervisors approved as part of previous Coal Road Plans

monies for projects for previous structural overlays in FY 14 (UPC 104140) and FY15

(UPC 105570), and those projects are completed leaving surpluses of approximately

$94,583.00 and $1,155,417.00 respectively, and

WHEREAS, The Buchanan County Coal and gas Road Advisory Committee and the

Buchanan County Board of Supervisors approved as part of 2015-2016 Coal Road Plan

structural overlays on various routes (UPC 107238) and to fully fund this project for

advertisement, additional funds are needed,

NOW, THEREFORE BE IT RESOLVED, that the Buchanan County Board of

Supervisors resolve to transfer these surplus funds to the Structural Overlay Plan (UPC

107238), and

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BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to

the Residency Administrator for the Virginia Department of Transportation.

Record Vote: A Copy Teste:

Moved by: Craig Stiltner

Seconded by: Harold H. Fuller __________________________________

Yeas: Seven Robert C. Horn, County Administrator

Nays: Zero

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IN RE: DISCUSSION CONCERNING ROAD ISSUES

John F. Smith, resident stated the bridge at Conaway has been completed for

almost a year now and when you are entering the bridge in either direction you have to

swerve and reduce your speed to 25 to 30 miles per hour. Is the contractor required to fix

this, then he hasn’t done it? I’d like for you to go there and look at it, he requested.

Conrad Hill, Residency Administrator for the Virginia Department of

Transportation (VDOT) stated we are aware of it and have plans to fix it.

I think it should be a top priority, commented Mr. Smith. Especially, the only

coal trucks running in this county is coming through that area. It can cause broken

springs and busted tires on these coal trucks, he stated.

We have plans to fix this issue this spring, stated Mr. Hill.

G. Roger Rife, South Grundy District Supervisor asked when the revenue sharing

project that was in last year’s plan is going to be done in front of Grundy Funeral Home

and Rife’s T.V.

Mr. Hill stated that project is in this year’s plan.

Craig Stiltner, Rocklick District Supervisor asked why the traffic counters were

located in several areas in the county?

Mr. Hill stated this is something that is done every three (3) years on all

secondary routes.

Harold H. Fuller, Garden District Supervisor asked if there was going to be extra

red-lights installed?

Mr. Hill stated yes, this project is being done by the Bristol Office, they are

scheduled for State Route 680 at Contrary and State Route 624 at Garden and hopefully

will be done this year.

Earl Scott, Prater District Supervisor asked if VDOT will be painting any white

lines at Southern Gap and Old Airport Road? It’s very difficult to see the road at night.

Mr. Hill stated the white lines on all secondary roads should be done this year.

I’ll check and let you know.

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IN RE: JON RIFE WITH THE GRUNDY KIWANIS CLUB – REQUEST

CONTRIBUTION FOR THE ANNUAL EASTER EGG HUNT

Jon Rife with the Grundy Kiwanis Club requested a contribution for the Annual

Easter Egg Hunts for Grundy Kiwanis Club and Council Kiwanis Club.


by Craig Stiltner and with a roll call vote of seven (7) yeas, Harold H. Fuller, Craig

Stiltner, J. Carroll Branham, G. Roger Rife, Earl Scott, William P. Harris, Trey Adkins

and zero (0) nays, this board did hereby approve contributions in the amount of $1,400.00

to Grundy Kiwanis Club and $1,400.00 to the Council Kiwanis Club earmarked for their

Annual Easter Egg Hunts to be divided among the following district accounts:

South Grundy District

North Grundy District

Rocklick District

Prater District

Hurricane District

Garden District

Knox District

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IN RE: RALPH MODENA WITH USI INSURANCE SERVICES, LLC

Ralph Modena with USI Insurance Services, LLC stated Buchanan County’s

partially self-insured health insurance group policy runs from October 1st to September

30th. Last year the county had $384,991 in the bank, which was a good year. The self-

insurance has worked well for years for the policy group.

This year the county is breaking even each month, stated Mr. Modena. The first

three (3) months in this policy year was very bad. There have been several large claims

in those three (3) months. At this time, there’s no reason to panic, he stated. These three

(3) months were as bad as I’ve seen in thirty (30) years, commented Mr. Modena.

At the end of 2014 and beginning of 2015, there were over fourteen (14) claims

totaling over $100,000, stated Mr. Modena. This was an increase of eleven (11) over the

prior year.

There are a total of 750 employees that is covered in the county’s group health

insurance policy, not including their spouses and children, stated Mr. Modena.

Trey Adkins, Knox District Supervisor asked if the high dollar claims were cancer

related patients.

Mr. Modena stated about half of those claims are linked to cancer patients.

The total for PEPM for fiscal year 2015 was $1,157.75, stated Mr. Modena.

There were over 433 emergency room visits last year with the national average at 221,

which is double than the previous year. Our goal is to have 150 emergency room visits or

less, he stated.

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One of the biggest problems here is the access to care, stated Mr. Modena. It’s

hard to find doctors, so you end up in the emergency rooms.

Craig Stiltner, Rocklick District Supervisor stated this is the reason we’re seeing

these emergency room visits, because there’s no afterhours care or urgent care facilities

in the county. An after hour’s care or urgent care facility would be much cheaper than

going to the emergency room. In my opinion this is something we need to move on

pretty quick, he stated.

The cost for an emergency room visit is approximately $700 to $1,200 for one (1)

visit, stated Mr. Modena. We need to get employees and their families to primary care

physicians, to catch any problems early.

When a person is sick they want to see a real doctor not a nurse practitioner,

stated Mr. Adkins. If they have a cold a nurse practitioner is fine, but if you have

potential sickness you want to see a real doctor. Pike County, Kentucky is growing with

different kind of doctors to treat different kind of illnesses, he stated. They’re taking out

full page advertisements each week in the Virginia Mountaineer.

It’s very disturbing to me that we don’t have doctors here in the county,

commented Mr. Adkins. If someone’s sick here, not only do we not have enough doctors

to treat those illnesses, but the people here have to drive to Pike County, Bristol, Johnson

City or Abingdon to get medical care, he stated.

If we could get an urgent care facility here, then maybe we could work out

something for the consolidated health insurance group, stated Mr. Adkins. This would

cut down our costs.

This is a serious issue and Buchanan General Hospital could do more to provide

health care services, stated Mr. Adkins. We need new doctors here and when we get a

doctor, they’re run out of town.

Mr. Modena stated I went to Buchanan Health Care about these concerns.

They’ve offered to extend their office hours for one (1) of their clinics four (4) days a

week until 7:00 p.m. and open two (2) times a month on Saturday’s at the Buchanan

General Medial Office Building.

This isn’t what I’m looking for by extending their office hours and working every

other Saturday, stated Mr. Stiltner. The problem is that people can’t take off of work and

need true urgent care. We need something centralized in the county. Pike County is

growing and they didn’t start growing until they extended their health care, commented

Mr. Stiltner.

You can’t determine when you’re going to get sick, stated J. Carroll Branham,

Chairman. This is when you need an urgent care facility.

If the county is going to open an urgent care facility, I think there are companies

that will help build a clinic, stated Mr. Modena. I can follow up with Buchanan General

Hospital and inform the board at the next meeting.

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You can save someone’s life by catching it early, stated Mr. Stiltner. We need an

urgent care facility.

The county needs to consider an incentive program to get employees and their

families to get an annual physical, stated Mr. Modena. This way you could catch

hypertension and diabetic’s before it gets bad.

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IN RE: JEREMY COOK, CHIEF OF OAKWOOD VOLUNTEER FIRE

DEPARTMENT – CONSIDER SCHEDULING A PUBLIC

HEARING ON APRIL 4TH AT 10:30 A.M. REGARDING THE

PROPOSED ORDINANCE PURSUANT TO VIRGINIA CODE

SECTION 38.2-2130 ALLOWING VOLUNTEERING FIRE

DEPARTMENTS TO CHARGE FOR CALLS TO FIRES

Jeremy Cook, Chief of Oakwood Volunteer Fire Department stated according to

Virginia Code Section 38.2-2130, every homeowner’s insurance policy must include a

minimum of $250 worth of coverage to be payable to volunteer fire departments if they

respond to a fire.

L. Lee Moise, County Attorney stated a public hearing would need to be held

before adopting an ordinance pursuant to the code section.

Upon motion by Harold H. Fuller seconded by G. Roger Rife to schedule a public

hearing on April 4th at 10:30 a.m.

Craig Stiltner, Rocklick District Supervisor asked what happens if you respond to

an accident and the individual doesn’t have any insurance, will you still bill them for

$250?

Mr. Cook stated no, only if they have insurance and we’ll only bill homeowners.

Mr. Stiltner stated I’m willing to schedule the public hearing at this time, but I

want to hear more information.

After the motion by Harold H. Fuller seconded by G. Roger Rife to schedule a

public hearing on April 4th at 10:30 a.m., with the following roll call vote of six (6) yeas,

Harold H. Fuller, G. Roger Rife, Craig Stiltner, J. Carroll Branham, William P. Harris,

Earl Scott and one (1) nay, Trey Adkins, this board did hereby approve to schedule a

public hearing on April 4th at 10:30 a.m. regarding the proposed ordinance pursuant to

Virginia Code Section 38.2-2130 allowing Volunteering Fire Departments to charge for

calls to fires.

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IN RE: JEREMY COOK, CHIEF OF OAKWOOD VOLUNTEER FIRE

DEPARTMENT AND TERRY AUSTIN, CAPTAIN OF

DAVENPORT LIFESAVING CREW – CONSIDER APPROVING

THE BUCHANAN COUNTY EMS EMERGENCY RESPONSE

PLAN

Jeremy Cook, Chief of Oakwood Volunteer Fire Department stated the local

governing body must approve an EMS Emergency Response Plan according to Virginia

Code Sections 32.1-12 and 32.1-111.4.

Trey Adkins, Knox District Supervisor asked if all the volunteer rescue squads

had reviewed the proposed plan. All the volunteer rescue squads should agree to this

before the board votes on it.

John F. Smith, resident stated the county already has an EMS Plan. Each rescue

service is bound to what the board of supervisors approved. They don’t need an

individual plan, he stated.

Ray Foster, Sheriff stated I don’t like the five (5) minute wait before calling a

second ambulance, which is included in the proposed plan. I don’t agree with this at all,

he stated.

J. Carroll Branham, Chairman suggested Mr. Cook to work with the County

Attorney regarding this plan before any action is taken.

After a general discussion by the board, no action was taken at this time.

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IN RE: TIM LONG WITH SUNSET DIGITAL COMMUNICATIONS – TO

DISCUSS THE ACQUISITION OF OPTINET FROM BVU

Tim Long, Economic Development & Government Affairs Liaison for Sunset

Digital Communications, thanked the board for allowing them time during today’s

meeting to discuss what Sunset Digital Communications can provide for the county.

Ryan Elswick, Chief Operating Officer stated Sunset Digital is a family owned

business from Duffield, Virginia. We provide broadband internet, private data, fiber-

optic TV and telephone services to residents and businesses, municipal network, medical

facilities and banks in Southwest Virginia and Northern Tennessee.

Sunset’s goal is to connect as many homes to our network as possible, stated Mr.

Elswick. We feel like the internet’s is the new utility. You can’t live without it and we

want to provide it here in Buchanan County, he stated.

We have utilized grant funds from the Virginia Tobacco Region Revitalization

Commission to build out broadband infrastructures, stated Mr. Elswick.

Mr. Long stated there are grants available to assist counties and towns obtain

fiber-optic infrastructures.

Mr. Elswick stated we hire locally and buy locally when possible. Internet is the

new utility and we’re here to sell it, he stated.

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In 2014, we meet with BVU and discussed merging our networks, stated Mr.

Elswick. We approved a $50 million acquisition agreement last month, which includes

the assets of BVU’s broadband system. BVU has approximately 80 employees, which

we are going to keep with Sunset at their existing salaries. The closing date for this

purchase is June 1st.

We hope to add 10,000 residents within the next ten (10) years within the region,

stated Mr. Elswick. Tell us where you are and tell residents, spread the work. Let us

know what we can help you with and encourage residents to go to www.sunsetfiber.com

and let us know what they need, he stated.

Trey Adkins, Knox District Supervisor asked what kind of rate increase will be

residents see is my only concern.

Mr. Elswick stated there will not be a rate increase. Our basic package is $49.95,

standard package is $79.95 and our premium package is $99.95.

Craig Stiltner, Rocklick District Supervisor asked if they would be willing to

extend into the Willard Yard, Home Creek and Lynn Camp areas of the county. There

are hundreds of residents needing broadband internet services. You would have to get

across the railroad.

Mr. Elswick stated we can cross the railroad track, but it may take a few months.

If there’s an investment involved, we’ll do it, he stated.

J. Carroll Branham, Chairman stated Sunset has been good to deal with in the

past.

We need to set up a community meeting regarding their services, stated Mr.

Stiltner.

We’ll be there if a meeting is scheduled with the residents, stated Mr. Elswick.

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IN RE: KEN SMITH WITH THE SONS OF CONFEDERATE VETERANS

– CONSIDER ADOPTING A RESOLUTION DECLARING THAT

APRIL 2016 BE DESIGNATES AS CONFEDERATE HERITAGE

AND HISTORY MONTH

Ken Smith with the Sons of Confederate Veterans stated in the past year the Sons

of Confederate Veterans has put up headstones of confederate veterans. We participated

in a reenactment, parades, Lee-Jackson Day, adopted a highway and worked on fund

raisers. We’re an organization that believes in heritage, he stated.


by Craig Stiltner and with a roll call vote of seven (7) yeas, Harold H. Fuller, Craig

Stiltner, J. Carroll Branham, Earl Scott, G. Roger Rife, Trey Adkins, William P. Harris

and zero (0) nays, this board did hereby adopt the following Resolution declaring that

April 2016 be designated as Confederate Heritage and History Month:

http://www.sunsetfiber.com/

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Confederate Heritage and History Month Resolution

BE IT HEREBY RESOLVED that the Buchanan County Board of Supervisors in

Commemoration of the Distinguished Service of the Confederate Veterans of Buchanan

County declare that April 2016 be designated as Confederate Heritage and History

Month.

The American Civil War was a difficult and trying time for this Nation and the

Commonwealth of Virginia and this fledgling county.

The Recognition of the Service of these Buchanan County residents needs to be

remembered and honored: As they fought and served to protect their homes and families.

Of over 500 men in 1860 from Buchanan County, nearly 400 served in the Confederate

Army and another 100 served in the Federal Army and with this resolution the service of

these men will be remembered and honored.

So it is with great pride and honor that the Buchanan County Board of Supervisors do

adopt this resolution sponsored by the Lt. Col. Vincent Addison Witcher Camp # 1863,

Virginia Division, Army of Northern Virginia of the Sons of Confederate Veterans.

This resolution was adopted on the 7th day of March, 2016.

_____________________________

Chairman of the Buchanan County

Board of Supervisors

ATTEST:

_________________________________


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IN RE: JEFF FULLER WITH PRATER VOLUNTEER FIRE AND

RESCUE DEPARTMENT – CONSIDER APPROVING A

CONTRIBUTION IN THE AMOUNT OF $30,000.00 TO THE FIRE

DEPARTMENT EARMARKED FOR THE PURCHASE OF A SIDE

BY SIDE

This issue was tabled, no action taken.

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IN RE: MARCIE WATSON, VICTIM WITNESS COORDINATOR –

CONSIDER APPROVING THE REVISED VICTIM WITNESS

PROGRAM AWARD AND AN ADDITIONAL APPROPRIATION

IN THE AMOUNT OF $7,141.00 TO ACCOUNT 22020

Marcie Watson, Victim Witness Coordinator stated the original grant award

information for the Victim Witness Program has been revised to reflect at 15% increase

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in the total amount of awarded funds for the period of January 1st, 2016 through June

30th, 2016. The budget for fiscal year 2015/2016 was $47,608 and has been increased to

$54,749.00.

I’m requesting a salary increase in the amount of $4,000 to salaries and wages and

$1,155 to machinery and equipment in the Victim Witness budgets, stated Ms. Watson.

This is free money to the county that has been approved by the Virginia Department of

Criminal Justice Services (DCJS).

Craig Stiltner, Rocklick District Supervisor asked if the DCJS approved that the

funding be used for salaries.

Ms. Watson, stated yes, about 99% of the programs are using the additional funds

for salaries.

Robert C. Horn, County Administrator stated the funds will be lost, if we don’t

approve the additional funds for the Victim Witness Program. We will need to

appropriate the funds now and include it in next year’s budget.

Ms. Watson stated the $4,000 appropriated to salaries and $1,155 to machinery

and equipment with the remainder of the $7,141 for benefits. This is free federal funds

and if we don’t approve it for my department, then we won’t receive it. I don’t need the

entire $7,141 for supplies for my office, she stated. I’ll receive the $7,141 thirty (30)

days after it’s requested.

Trey Adkins, Knox District Supervisor stated I have no problem, but if the grant

runs out her salary will be reduced.

William P. Harris, Hurricane District Supervisor stated other county employees

are not getting a raise.

After a general discussion by the board upon motion by Trey Adkins and with no

second to his motion, Mr. Adkins requested a roll call vote as follows: five (5) yeas, Trey

Adkins, G. Roger Rife, Craig Stiltner, William P. Harris, Harold H. Fuller and two (2)

nays, Earl Scott and J. Carroll Branham, this board did hereby approve the revised Victim

Witness Program Award in the amount of $7,141.00 to the Victim Witness Program

account and authorized the County Administrator to execute the agreement.

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IN RE: CONSIDER APPROVING AN ADDITIONAL APPROPRIATION

TO THE VICTIM WITNESS ACCOUNT

After a general discussion by the board upon motion by Trey Adkins seconded by

Craig Stiltner and with the following roll call vote of five (5) yeas, Trey Adkins, G.

Roger Rife, Craig Stiltner, William P. Harris, Harold H. Fuller, one (1) nay, J. Carroll

Branham and one (1) absent, Earl Scott, this board did hereby approve an additional

appropriation in the amount of $7,141.00 to the Victim Witness account as follows:

$4,000.00 to salaries, account number 22020-1150;

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$1,155.00 to machinery and equipment, account number 22020-8101;

$1,986.00 to salary line item accounts, fica, etc.

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IN RE: CONSIDER APPROVING QUOTE FROM DOMINION OFFICE

PRODUCTS, INC. FOR A HON DESK SYSTEM IN THE AMOUNT

OF $7,999.94


Craig Stiltner and with the following roll call vote of seven (7) yeas, Earl Scott, J. Carroll

Branham, Trey Adkins, G. Roger Rife, Craig Stiltner, William P. Harris, Harold H.

Fuller, and zero (0) nays, this board did hereby approve the quote from Dominion Office

Products, Inc. for a HON desk system in the amount of $7,999.94 for the Buchanan

County Sheriff’s Office.

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IN RE: RAY FOSTER, SHERIFF - CONSIDER APPROVING QUOTE

FROM SECURITY CAMERAS DIRECT FOR SECURITY

CAMERAS IN THE AMOUNT OF $9,999.99

Ray Foster, Sheriff requested the board to approve a quote in the amount of

$9,999.00 for 25 security camera for the sheriff’s office.

Robert C. Horn, County Administrator stated the security cameras were not in the

original plans for relocating the sheriff’s office. If the board decides to purchase the

cameras, the funds for this purchase was original approved for the relocation of the 911

center. There was $100,000 appropriated in the budget for renovations for the new

sheriff’s office, but security cameras weren’t included, he stated.

Trey Adkins, Knox District Supervisor stated he couldn’t support purchasing the

security cameras, since the county was in a budget situation at the present time.

Harold H. Fuller, Garden District Supervisor asked how much of the $100,000

was already spent?

Sheriff Foster stated there was approximately $48,000 left for renovations.

Mr. Fuller stated I think this is something we need to address during budget time.

After a general discussion by the board, no action was taken.

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IN RE: CONSIDER APPROVING THE 2016-2017ANNUAL SUPPORT

AGREEMENTS WITH SOUTHERN SOFTWARE, INC. FOR

BUCHANAN COUNTY 911 AND AUTHORIZE THE COUNTY

ADMINISTRATOR TO EXECUTE THE AGREEMENTS

This issue was tabled at this time.

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IN RE: CONSIDER APPROVING BID FOR THE PURCHASE AND

DELIVERY OF MATERIAL FOR SPLASH POOL AT THE

WILLIAM P. HARRIS PARK

After a general discussion by the board upon motion by William P. Harris

seconded by Trey Adkins and with the following roll call vote of four (4) yeas, William

P Harris, Trey Adkins, Craig Stiltner, J. Carroll Branham and three (3) nays, G. Roger

Rife, Earl Scott and Harold H. Fuller, this board did hereby approve to accept the bid for

the purchase and delivery of material for Splash Pool at the William P. Harris Park upon

recommendation from Kenneth Ratliff, Maintenance Dept. and authorized the Chairman

of the Buchanan County Board of Supervisors and County Administrator for Buchanan

County, Virginia to execute the Contract on behalf of Buchanan County with the

approval as to form by the County Attorney.

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVING THE LETTER AGREEMENT

BETWEEN WIRELESS COMMUNICATIONS, INC.

AND BUCHANAN COUNTY AND AUTHORIZE THE COUNTY

ADMINISTRATOR TO EXECUTE THE AGREEMENT


Craig Stiltner and with the following roll call vote roll of seven (7) yeas, Earl Scott, J.

Carroll Branham, Trey Adkins, G. Roger Rife, Craig Stiltner, William P. Harris, Harold

H. Fuller and zero (0) nays, this board did hereby approve the letter agreement between

Wireless Communications, Inc. and Buchanan County and authorized the County

Administrator to execute the agreement. A copy of this agreement is located in the

Buchanan County Administrator’s Office, 4th floor of the courthouse for review.

―――――――――― 000 ――――――――――

IN RE: CONSIDER SCHEDULING A PUBLIC HEARING FOR

MONDAY, APRIL 4TH AT 10:15 A.M. TO HEAR PUBLIC

COMMENTS REGARDING THE ABANDONMENT OF BANDIT

ROAD, COUNTY ROAD NUMBER 2331, LOCATED IN THE

ROCKLICK MAGISTERIAL DISTRICT

After a general discussion by the board upon motion by Craig Stiltner seconded

by Trey Adkins and with the following roll call vote roll of seven (7) yeas, Earl Scott, J.


H. Fuller and zero (0) nays, this board did hereby approve to schedule a public hearing

for Monday, April 4th at 10:15 a.m. to hear public comments regarding the abandonment

of Bandit Road, county road number 2331 located in the Rocklick Magisterial District.

―――――――――― 000 ――――――――――

11771

IN RE: CONSIDER ADOPTING A RESOLUTION TO ACCEPT

THE DEED OF GIFT FOR QUINLEY ROAD LOCATED IN THE

KNOX MAGISTERIAL DISTRICT BETWEEN JIMMY RAY

LESTER AND FAYE LESTER, HUSBAND AND WIFE, HASSELL

ANDREW QUINLEY AND JESICA QUINLEY, HUSBAND AND

WIFE AND JERRY LESTER TO BUCHANAN COUNTY,

VIRGINIA AND AUTHORIZE THE CHAIRMAN OF THE

BUCHANAN COUNTY BOARD OF SUPERVISORS AND

COUNTY ADMINISTRATOR FOR BUCHANAN COUNTY,

VIRGINIA TO EXECUTE SUCH DEED ON BEHALF OF

BUCHANAN COUNTY TO ACKNOWLEDGE ITS ACCEPTANCE

OF SUCH PROPERTY WITH THE APPROVAL AS TO FORM BY

THE COUNTY ATTORNEY

Marcus Stiltner, Coal Haul Road Engineer stated Quinley Road located in the

Knox Magisterial District has been reviewed by the committee.

G. Roger Rife, South Grundy District Supervisor asked how many roads were in

the county system now?

Mr. Stiltner stated about 700.


Craig Stiltner and with the following roll call vote of seven (7) yeas, Earl Scott, J. Carroll

Branham, Trey Adkins, G. Roger Rife, Craig Stiltner, William P. Harris, Harold H. Fuller

and zero (0) nays, this board did hereby adopt the following Resolution to accept the

Deed of Gift for Quinley Road located in the Knox Magisterial District between Jimmy

Ray Lester and Faye Lester, Husband and Wife, Hassell Andrew Quinley and Jesica

Quinley, Husband and Wife and Jerry Lester to Buchanan County, Virginia and authorize

the Chairman of the Buchanan County Board of Supervisors and County Administrator

for Buchanan County, Virginia to execute such Deed on behalf of Buchanan County to

acknowledge its acceptance of such property with the approval as to form by the County

Attorney:

RESOLUTION

IN RE: ACCEPTANCE OF DEED OF GIFT BY AND BETWEEN JIMMY RAY

LESTER AND FAYE LESTER, HUSBAND AND WIFE, HASSELL ANDREW

QUINLEY AND JESICA QUINLEY, HUSBAND AND WIFE AND JERRY

LESTER TO BUCHANAN COUNTY, VIRGINIA

REGARDING QUINLEY ROAD LOCATED IN THE

KNOX MAGISTERIAL DISTRICT, COUNTY ROAD NUMBER 2386

BE IT RESOLVED, by the Buchanan County Board of Supervisors that we

approve acceptance of the property described in that Deed of Gift attached hereto

between Jimmy Ray Lester and Faye Lester, Husband and Wife, Hassell Andrew Quinley

and Jesica Quinley, Husband and Wife and Jerry Lester and Buchanan County, Virginia

and authorized the Chairman of the Buchanan County Board of Supervisors and Robert

Craig Horn, County Administrator for Buchanan County, Virginia to execute such Deed

on behalf of Buchanan County to acknowledge its acceptance of such property with the

approval as to form by the County Attorney.

11772

This Resolution was adopted by the Buchanan County Board of Supervisors on

this the 7th day of March, 2016 by a roll call vote of seven for and zero against.

_________________________________

Chairman of the

Buchanan County Board of Supervisors

ATTEST:

_________________________________________

Robert Craig Horn, County Administrator

THIS DEED OF GIFT, made and entered into on this the 7th day of March,

2016, by and between JIMMY RAY LESTER AND FAYE LESTER husband and

wife, HASSELL ANDREW QUINLEY AND JESICA QUINLEY husband and wife,

JERRY LESTER; hereinafter sometimes referred to as “GRANTORS”, and

BUCHANAN COUNTY, VIRGINIA, a Political Subdivision of the Commonwealth of

Virginia, hereinafter sometimes referred to as “GRANTEE”. [Exempt from

recordation taxes pursuant to Code §58.1-811 (A) (3).]

W I T N E S S E T H:

WHEREAS, the Grantee wishes to maintain a road with turning area which is a

part of the public road in the Knox Magisterial District for the traveling public, name

Quinley Road, County Road #2386; and

WHEREAS, the Grantors desire to give and donate and the Grantee desires to

accept such property as set forth in this deed of conveyance to provide the right of way

for a road with turn around area which is part of the public road in the Knox Magisterial

District for the traveling public, named Quinley Road, County Road #2386 and

NOW THEREFORE, for and in consideration of promoting the public interest

by providing a road with turn around area which is part of a public road Quinley Road,

County Road #2386 for use of the traveling public, the Grantors do hereby give, donate,

grant and convey unto the Grantee, WITH GENERAL WARRANTY AND ENGLISH

COVENANTS OF TITLE , all their right, title and interest in and to all of those certain

tracts or parcels of land situate in the Knox Magisterial District, in Buchanan County,

Virginia, and being a portion of the same property which were acquired by the Grantors

as set out in the sources of title herein, and being more particularly bounded and

described as follows:

Beginning at a point in the centerline of the existing Quinley Road (sta. 10+00), thence

S 38-09-52 W 17.47’, thence a curve to the left (chord bearing S 14-10-26 W 22.84’),

thence S 09-49-00 E 55.04’, thence a curve to the right (chord bearing S 03-00-14 W

66.26’), thence S 15-49-27 W 131.59’, thence a curve to the right (chord bearing S 78-

48-04 W 45.43’), thence N 38-13-19 W 122.86’, thence a curve to the right (chord

bearing N 23-35-18 W 67.73’), thence N 08-57-16 W 61.23’, thence a curve to the right

(chord bearing N 18-47-05 W 68.97’), thence N 28-36-54 W 87.46’, thence a curve to

11773

the right (chord bearing N 23-17-39 W 59.74’), thence N 17-58-24 W 66.75’ (sta.

18+86.41) and containing 17727.8 sq. ft. (0.407 acres).

Turning Area

Beginning at a point in the easterly right of way (c/l sta. 18+76.41), thence N 72-01-36 E

10.00’, thence S 17-58-24 E 20.00’ (c/l sta. 18+56.41), thence S 72-01-36 W 10.00’ to a

point in the said right of way, thence with the said right of way N 17-58-24 W 20.00’ to

the beginning and containing 200.00 sq. ft. (0.005 acres).

Source and title for grantors: Jimmy Ray Lester and Faye Lester, husband and wife,

acquired a parcel of land, a portion of which is affected by this right-of-way deed, by a

deed conveyance recorded in Deed Book 379 Page 634 in the Clerk’s Office of the

Circuit Court of Buchanan County, Virginia. For a more particular description of said

conveyance reference is made to the recorded deed. Said land affected by this right-of-

way deed is shown as parcel # 007 on Tax Map #2HH-112.

Source and title for grantors: Hassell Andrew Quinley and Jesica Quinley husband and

wife, acquired a parcel of land, a portion of which is affected by this right-of-way deed,

by a deed conveyance recorded in Instrument # 090001447 in the Clerk’s Office of the

Circuit Court of Buchanan County, Virginia. For a more particular description of said

conveyance reference is made to the recorded deed. Said land affected by this right-of-

way deed is shown as parcels # 006 B on Tax Map #2HH-112.

Source and title for grantors: Jerry Lester acquired a parcel of land, a portion of which is

affected by this right-of-way deed, by a deed conveyance recorded in Deed Book 618

Page 685 in the Clerk’s Office of the Circuit Court of Buchanan County, Virginia. For a

more particular description of said conveyance reference is made to the recorded deed.

Said land affected by this right-of-way deed is shown as parcels #040 on Tax Map #2HH-

112.

Included in this deed of conveyance is the permanent right and easement to use such

additional areas for cut and/or fill slopes as being required for the proper execution of the

work to be performed. Said work shall include location and construction of, or other

improvement to, a public road to be used and utilized by the general public at large for all

public transportation purposes. Said permanent easement will be utilized for maintenance

of cut and/or fill slopes created as a requirement for the proper execution of the work to

be performed. Included in this deed of conveyance is the right and easement to construct,

improve, relocate and maintain any creek, drain, drainage ditch or other drainage

facilities that may exist on the lands of the Grantors or that may be needed or convenient

for the proper and adequate drainage of the aforesaid road and surrounding property

and/or location, construction, reconstruction or other improvement of a road within the

property to be conveyed.

11774

AND FURTHER WITNESSETH: That the Grantors, for the consideration state

above, also covenant and agree, upon demand of any public utility company or

corporation having its facilities in, over or across the lands herein conveyed, that they, the

said Grantors, will give, grant and convey unto such public utility company or

corporation an easement in, over and across the lands of the Grantors lying adjacent to

the lands herein conveyed for the relocation, construction, operation and maintenance of

said facilities.

The Grantors covenant to and with the Grantee that they will warrant generally

the title to the property hereby conveyed; that they have the right to convey same to the

Grantee; that the Grantee shall have quiet possession of same, free from encumbrances,

that Grantors have done no act to encumber same; and, that Grantors will execute such

other and further assurances of title as may be requisite.

There is hereby excepted and reserved from the operation of this conveyance such

of the coal, oil, minerals, rights, privileges, etc., as may have been heretofore sold or

excepted from said land by prior owners. Additionally, this conveyance is subject to all

exceptions, limitations or conditions contained in any document which constitutes a

muniment of title to the property being conveyed herein and that have been heretofore

been recorded in the Clerk’s Office of the Circuit Court of Buchanan County, Virginia.

That on the 7th day of March, 2016, the Buchanan County Board of Supervisors,

at a duly held meeting of the Board, approved the acquisition of the property described

herein and the Chairman of the Buchanan County Board of Supervisors and the County

Administrator for Buchanan County by their execution of this Deed acknowledge that the

Buchanan County Board of Supervisors has authorized this property acquisition.

The execution of this Deed by Lawrence L. Moise III, County Attorney for

Buchanan County, Virginia indicates his approval of the form of this Deed.

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVAL TO TAKE A ROAD ENCOMPASSED

WITH THE FORMER D. A. JUSTUS ELEMENTARY SCHOOL

PROPERTY FOR THE GYMNASIUM AND RESCUE SQUAD

INGRESS AND EGRESS


William P. Harris and with the following roll call vote of seven (7) yeas, Earl Scott, J.


H. Fuller and zero (0) nays, this board did hereby approve to take into the county road

system a road encompassed with the former D.A. Justus Elementary School Property for

the gymnasium and rescue squad ingress and egress.

―――――――――― 000 ――――――――――

11775

IN RE: CONSIDER APPROVING TO ACCEPT THE DEED OF GIFT FOR

W & W ROAD LOCATED IN THE HURRICANE MAGISTERIAL

DISTRICT

Marcus Stiltner, Coal Haul Road Engineer stated this Deed of Gift for W & W

Road located in the Hurricane Magisterial District has two (2) dwellings and has been

reviewed by the committee. This road has never been worked by the county and it’s not

an extension of an existing road.

Upon motion by William P. Harris seconded by Trey Adkins and with the

following roll call vote of seven (7) yeas, Earl Scott, J. Carroll Branham, Trey Adkins, G.

Roger Rife, Craig Stiltner, William P. Harris, Harold H. Fuller and zero (0) nays, this

board did hereby approve to accept the Deed of Gift for W & W Road located in the

Hurricane Magisterial District.

―――――――――― 000 ――――――――――

IN RE: CONSIDER ADOPTING A RESOLUTION TO ACCEPT THE

DEED OF GIFT FOR W & W ROAD LOCATED IN THE

HURRICANE MAGISTERIAL DISTRICT BETWEEN

CLARENCE R, WHITE AND TINA R. WHITE HUSBAND AND

WIFE, AND NAOMI S. RIFE TO BUCHANAN COUNTY,

VIRGINIA AND AUTHORIZE THE CHAIRMAN OF

THE BUCHANAN COUNTY BOARD OF SUPERVISORS AND

COUNTY ADMINISTRATOR FOR BUCHANAN COUNTY,

VIRGINIA TO EXECUTE SUCH DEED ON BEHALF OF

BUCHANAN COUNTY TO ACKNOWLEDGE ITS ACCEPTANCE

OF SUCH PROPERTY WITH THE APPROVAL AS TO FORM BY

THE COUNTY ATTORNEY


seconded by Trey Adkins and with the following roll call vote of seven (7) yeas, Earl

Scott, J. Carroll Branham, Trey Adkins, G. Roger Rife, Craig Stiltner, William P. Harris,

Harold H. Fuller and zero (0) nays, this board did hereby adopt the following Resolution

to accept the Deed of Gift for W & W Road located in the Hurricane Magisterial District

between Clarence R, White and Tina R. White husband and wife, and Naomi S. Rife to

Buchanan County, Virginia and authorized the Chairman of the Buchanan County Board

of Supervisors and County Administrator for Buchanan County, Virginia to execute such

Deed on behalf of Buchanan County to acknowledge its acceptance of such property with

the approval as to form by the County Attorney:

RESOLUTION

IN RE: ACCEPTANCE OF DEED OF GIFT BY AND BETWEEN CLARENCE R.

WHITE AND TINA R. WHITE, HUSBAND AND WIFE AND NAOMI S. RIFE TO

BUCHANAN COUNTY, VIRGINIA

REGARDING W & W ROAD LOCATED IN THE

HURRICANE MAGISTERIAL DISTRICT, COUNTY ROAD NUMBER 5141

BE IT RESOLVED, by the Buchanan County Board of Supervisors that we

approve acceptance of the property described in that Deed of Gift attached hereto

11776

between Clarence R. White and Tina R. White, Husband And Wife and Naomi S. Rife and

Buchanan County, Virginia and authorized the Chairman of the Buchanan County Board

of Supervisors and Robert Craig Horn, County Administrator for Buchanan County,

Virginia to execute such Deed on behalf of Buchanan County to acknowledge its

acceptance of such property with the approval as to form by the County Attorney.

This Resolution was adopted by the Buchanan County Board of Supervisors on

this the 7th day of March, 2016 by a roll call vote of seven for and zero against.

_________________________________

Chairman of the


ATTEST:

_________________________________________


THIS DEED OF GIFT made and entered into on this the 7th day of March, 2016,

by and between, Clarence R, White and Tina R. White husband and wife, and Naomi

S. Rife; hereinafter sometimes referred to as "GRANTORS", and BUCHANAN

COUNTY, a Political Subdivision of the Commonwealth of Virginia, hereinafter

sometimes referred to as "GRANTEE". [Exempt from recordation taxes pursuant

to Code §58.1-811.3.]

W I T N E S S E T H:

WHEREAS, the Grantee wishes to maintain a road with turning area which is a

part of the public road in the Garden Magisterial District for the traveling public, named

W & W Road, County Road # 5141; and

WHEREAS, the Grantors desire to give and donate and the Grantee desires to

accept such property as set forth in this deed of conveyance to provide the right of way

with turning area for a road, which is part of the public road, known as named W & W

Road, County Road # 5141; and

NOW THEREFORE, for and in consideration of promoting the public interest

by providing a road with turning area, which is part of a public road, known as named

W & W Road, County Road # 5141 in the Garden Magisterial District for use of the

traveling public, the Grantors do hereby give, donate, grant and convey unto the Grantee,

WITH GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE, all

their right, title and interest in and to all of those certain tracts or parcels of land situate in

the Garden Magisterial District, in Buchanan County, Virginia, and being a portion of

the same property which were acquired by the Grantors as set out in the sources of title

herein, and being more particularly bounded and described as follows:

11777

Beginning at a point in the westerly right of way of State rte. 624 (sta. 10+00), thence

leaving the said right of way S 68-12-40 W 2.23’, thence a curve to the left (chord

bearing S 30-32-35 W 15.83’), thence S 07-07-30 E 67.23’, thence a curve to the right

(chord bearing S 04-59-21 E 39.97’), thence S 02-51-12 E 107.45’, thence a curve to the

right (chord bearing S 05-22-25 W 47.51’), thence S 13-36-02 W 63.00’ to the end (sta.

13+61.62) and containing 6891.7 sq. ft. (0.158 acres).

Turning area

Beginning in the westerly right of way of county rte. 5141, said point being 10’ west of

and perpendicular to centerline sta. 13+41.62, thence N 76-23-58 W 20.00’, thence N

13-36-02 E 20.00’, thence S 76-23-58 E 20.00’, thence S 13-36-02 W 20.00’ to the

beginning and containing 400.00 sq. ft. (0.009 acres).

Source and title for Grantors: Clarence R. and Tina R. White, acquired a portion

of the land affected by this right-of-way deed by a deed conveyance recorded in Deed

Book 534 Page 685, in the Clerk’s Office of the Circuit Court of Buchanan County,

Virginia. For a more particular description of said conveyance reference is made to the

recorded deed. Said land affected by this right-of-way deed is shown as parcel # 172 and

# 173 Tax Map #2HH-074

Source and title for Grantors: Naomi S. Rife, acquired a portion of the land

affected by this right-of-way deed by a deed conveyance recorded in Instrument #

080004193, in the Clerk’s Office of the Circuit Court of Buchanan County, Virginia. For

a more particular description of said conveyance reference is made to the recorded deed.

Said land affected by this right-of-way deed is shown as parcel # 171 Eng. A and # 170

Tax Map #2HH-074

Included in this deed of conveyance is the permanent right and easement to use

such additional areas for cut and/or fill slopes as being required for the proper execution

of the work to be performed. Said work shall include location and construction of, or

other improvement to, a public road to be used and utilized by the general public at large

for all public transportation purposes. Said permanent easement will be utilized for

maintenance of cut and/or fill slopes created as a requirement for the proper execution of

the work to be performed.

Included in this deed of conveyance is the right and easement to construct,

improve, relocate and maintain any creek, drain, drainage ditch or other drainage

facilities that may exist on the lands of the Grantors or that may be needed or convenient

for the proper and adequate drainage of the aforesaid road and surrounding property

and/or location, construction, reconstruction or other improvement of a road within the

property to be conveyed.

AND FURTHER WITNESSETH: That the Grantors, for the consideration state

above, also covenants and agrees, upon demand of any public utility company or

corporation having its facilities in, over or across the lands herein conveyed, that they, the

said Grantors, will give, grant and convey unto such public utility company or

11778

corporation an easement in, over and across the lands of the Grantors lying adjacent to

the lands herein conveyed for the relocation, construction, operation and maintenance of

said facilities.

The Grantors covenant to and with the Grantee that they will warrant generally

the title to the property hereby conveyed; that they have the right to convey same to the

Grantee; that the Grantee shall have quiet possession of same, free from encumbrances,

that Grantors have done no act to encumber same; and, that Grantors will execute such

other and further assurances of title as may be requisite.

There is hereby excepted and reserved from the operation of this conveyance such

of the coal, oil, minerals, rights, privileges, etc., as may have been heretofore sold or

excepted from said land by prior owners. Additionally, this conveyance is subject to all

exceptions, limitations or conditions contained in any document which constitutes a

muniment of title to the property being conveyed herein and that have been heretofore

been recorded in the Clerk’s Office of the Circuit Court of Buchanan County, Virginia.

That on the 7th day of March, 2016, the Buchanan County Board of Supervisors,

at a duly held meeting of the Board, approved the acquisition of the property described

herein and the Chairman of the Buchanan County Board of Supervisors and the County

Administrator for Buchanan County by their execution of this Deed acknowledge that the

Buchanan County Board of Supervisors has authorized this property acquisition.

The execution of this Deed by Lawrence L. Moise III, County Attorney for

Buchanan County, Virginia indicates his approval of the form of this Deed.

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVING THE INVITATION TO BID FOR THE

PURCHASE OF A USED TRUCK TO BE USED BY THE

BUCHANAN COUNTY BRIDGE CREW

Marcus Stiltner, Coal Haul Road Engineer stated the county’s bridge crew has

one (1) work truck that needs a lot of work including a motor. A new utility truck would

cost approximately $45,000 to $50,000 and a used truck approximately $30,000. Also,

there’s funding in the bridge crew budget to purchase a used truck.

G. Roger Rife, South Grundy District Supervisor asked if the bridge crew took the

trucks home from work.

Mr. Stiltner stated yes, so they can go straight to the job.

I don’t think the county can afford a vehicle for employees to ride home, stated

Mr. Rife.


William P. Harris and with the following roll call vote of four (4) yeas, Trey Adkins,

Craig Stiltner, William P. Harris, Earl Scott and three (3) nays, J. Carroll Branham, G.

Roger Rife and Harold H. Fuller, this board did hereby approve the Invitation to Bid for

the purchase of a used truck to be used by the Buchanan County Bridge Crew.

11779

―――――――――― 000 ――――――――――

IN RE: CONSIDER COUNTY VEHICLES

Trey Adkins, Knox District Supervisor made a motion to allow the Buchanan

County Bridge Crew, County Administrator, Coal Haul Road Engineer, Animal Control

Officers and Carpenter Crew to take their county vehicles home and if any other

employees takes their county vehicles home they will be fired on the spot, Craig Stiltner

seconded his motion and with the following roll call vote of three (3) yeas, Craig Stiltner,

Trey Adkins, William P. Harris and four (4) nays, Harold H. Fuller, G. Roger Rife, Earl

Scott and J. Carroll Branham.

The motion failed.

―――――――――― 000 ――――――――――

IN RE: GENERAL DISCUSSION CONCERNING THE COUNTY’S

BUDGET

Trey Adkins, Knox District Supervisor stated the board needs to start working on

the county’s budget as soon as possible. The Buchanan County School System and

Public Service Authority are supposed to have their budgets to the board by March 15th.

The school resource officers cost the county approximately $500,000 per year, which is

something the board may need to consider, he stated. We’ve asked the school system to

have teacher trained to eliminate the SRO officers. We can’t cut the school system very

much, because we have our kids to think about.

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVING THE MEMORANDUM OF SURFACE

USE AGREEMENTS FROM CONSOL BUCHANAN MINING

COMPANY, LLC AND CNX GAS COMPANY, LLC. AND

AUTHORIZE THE CHAIRMAN OF THE BUCHANAN COUNTY

BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR

FOR BUCHANAN COUNTY, VIRGINIA TO EXECUTE THE

AGREEMENTS ON BEHALF OF BUCHANAN COUNTY WITH

THE APPROVAL AS TO FORM BY THE COUNTY ATTORNEY

After a general discussion by the board upon motion by Harold H. Fuller

seconded by Trey Adkins and with the following roll call vote of seven (7) yeas, Earl

Scott, J. Carroll Branham, Trey Adkins, G. Roger Rife, Craig Stiltner, William P. Harris,

Harold H. Fuller and zero (0) nays, this board did hereby approve the Memorandum of

Surface Use Agreements from CONSOL Buchanan Mining Company, LLC and CNX

Gas Company, LLC. and authorize the Chairman of the Buchanan County Board of

Supervisors and County Administrator for Buchanan County, Virginia to execute the

Agreements on behalf of Buchanan County with the approval as to form by the County

11780

Attorney. Copies of these agreements are located in the Buchanan County

Administrator’s Office, 4th floor of the courthouse for review.

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVING THE CARRYOVER REQUEST FROM

THE VIRGINIA DEPARTMENT OF HEALTH, CUMBERLAND

PLATEAU HEATH DISTRICT AND AUTHORIZE THE COUNTY

ADMINISTRATOR TO EXECUTE THE LETTER

This issue was tabled, no action was taken.

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVING THE INVOICE FROM SOUTHWEST

VIRGINIA COMMUNITY COLLEGE


―――――――――― 000 ――――――――――

IN RE: CONSIDER ADOPTING A RESOLUTION AND SOLE SOURCE

NOTICE REGARDING THE PURCHASE FROM CAS SEVERN,

WHICH IS THE ONLY ONE SOLE PRACTICABLY AVAILABLE

TO PROVIDE THE CONTEMPLATED PURCHASE OF IBM

POWER


William P. Harris and with the following roll call vote of seven (7) yeas, Earl Scott, J.


H. Fuller and zero (0) nays, this board did hereby adopt the following Resolution and

Sole Source Notice regarding the purchase from CAS Severn, which is the only one sole

practicably available to provide the contemplated purchase of IBM power7 8202-E4B

SN#726FP hardware and software with maintenance and support for a one year term:

NOTICE

RE: PENDING ISSUANCE OF A PURCHASE ORDER TO

CAS SEVERN (CAS SEVERN HAS BEEN DETERMINED TO BE THE SOLE

SOURCE FOR THE PURCHASE OF IBM POWER7 8202-E4B SN#726FP

HARDWARE AND SOFTWARE AND MAINTENANCE AND SUPPORT FOR A

ONE YEAR TERM

PLEASE TAKE NOTICE:

1) Due to the existence of only one source capable of providing the IBM Power7

8202-E4B SN#726FP hardware and software with maintenance and support for a

one year term it has been determined that CAS Severn is the only one source

practicably available for the purchase of the IBM Power7 8202-E4B SN#726FP

hardware and software with maintenance and support for a one year term for

$3,837.20.

2) The Buchanan County, Va., Board of Supervisors passed a Resolution to approve

and issue a purchase order to CAS Severn for the purchase of the IBM Power7

8202-E4B SN#726FP hardware and software with maintenance and support for a

11781

one year term for $3,837.20, at its March 7, 2016 Board meeting held in the

Board of Supervisors meeting room on the bottom floor of the Courthouse in

Grundy, Va.

PLEASE CONDUCT YOURSELF ACCORDINGLY.

Issued by directive of the County Administrator this 7th day of March, 2016.

______________________________

Robert Craig Horn,


Buchanan County, Virginia

RESOLUTION

RE: DETERMINATION OF A SOLE SOURCE VENDOR FOR

PURCHASE OF IBM POWER 7 8202-E4B SN#726FP

HARDWARE AND SOFTWARE WITH MAINTENANCE

AND SUPPORT

WHEREAS, prior to the issuance of an invitation to bid, Kenneth Ratliff, the Operations

and Maintenance Manager conducted an investigation of potential vendors in regard to

the contemplated purchase of IBM Power 7 8202-E4B SN#726FP hardware and

software with maintenance and support; and

WHEREAS, after a thorough investigation, Kenneth Ratliff has concluded that CAS

Severn is the only one sole practicably available to provide the contemplated purchase of

IBM power7 8202-E4B SN#726FP hardware and software with maintenance and

support for a one year term; and

WHEREAS, Kenneth Ratliff has provided the letter of Kathleen K. Evans, CAS Severn

dated January 29, 2016 supporting his conclusion, which is attached and made a part of

this Resolution by reference ; and

WHEREAS, a purchase order needs to be issued to CAS Severn for $3,837.20 for the

purchase of the IBM power7 8202-E4B SN#726FP hardware and software with

maintenance and support for a one year term; and

NOW, THEREFORE BE IT RESOLVED, the County Administrator is hereby authorized

to issue to CAS Severn, that provides for the purchase of the IBM power7 8202-E4B

SN#726FP hardware and software with maintenance and support for a one year term for

the price of $3,837.20. Be It Furthermore Resolved that the County Administrator is

directed to post a Notice as required by Virginia Code Section 2.2-4303(E) in the

designated public areas and the county web site stating that the contract was awarded to

CAS Severn was determined to be the only source practicably available for the purchase

of the IBMpower7 8202-E4B SN#726FP hardware and software with maintenance and

support for a one year period.

This resolution was adopted this the 7th day of March, 2016 by the Buchanan County,

Va., Board of Supervisors.

Recorded Vote: ____________________________________

Moved by: Trey Adkins J. Carroll Branham, Chairman of the

Seconded by: William P. Harris Buchanan County, Va. Board of Supervisors

Yeas: Seven

Nays: Zero ATTEST:

_____________________________________


11782

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IN RE: CONSIDER APPROVING THE CUSTOMER AGREEMENT

BETWEEN CAS SEVERN, INC. AND BUCHANAN COUNTY

REGARDING THE AS400 AND AUTHORIZE THE COUNTY

ADMINISTRATOR TO EXECUTE THE AGREEMENT


William P. Harris and with a roll call vote of seven (7) yeas, Trey Adkins, Craig Stiltner,

Harold H. Fuller, William P. Harris, Earl Scott, G. Roger Rife, J. Carroll Branham and

zero (0) nays, this board did hereby approve the Customer Agreement between CAS

Severn, Inc. and Buchanan County regarding the AS400 and authorized the County

Administrator to execute the agreement. A copy of this agreement is located in the


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IN RE: CONSIDER APPROVING ADDITIONAL APPROPRIATIONS


Craig Stiltner and with the following roll call vote of seven (7) yeas, Trey Adkins, Craig

Stiltner, Harold H. Fuller, William P. Harris, Earl Scott, G. Roger Rife, J. Carroll

Branham and zero (0) nays, this board did hereby approve the following additional

appropriations:

Additional appropriation to Sheriff’s Office, (salaries & wages )

account number 31020-1150 in the amount of $5,331.08;

Additional appropriation to Athletic Fields Supplies, account

number 71040-5604-09 in the amount of $318.76;

Additional appropriation to Rocklick District Park and Rec.,

account number 71040-5604-06 in the amount of $100.00;

Additional appropriation to Rocklick District Park and Rec.,

account number 71040-5604-06 in the amount of $50.00;

Additional appropriation to Hurricane District Park and Rec.,

(general supplies) account number 71040-6022-02 in the amount of

$375.00;

Additional appropriation to Garden District Park and Rec., account

number 71040-5604-01 in the amount of $125.00;

Additional appropriation to Garden District Park and Development,

account number 71060-7010-03 in the amount of $1,200.00;

Additional appropriation to Circuit Court Clerk’s Office, account

number 21060-3320 in the amount of $1,163.27;

Additional appropriation to Treasurer’s Office, (office supplies),

account number 12130-6001 in the amount of $51.50;

Additional appropriation to Buchanan County Public Library, (office

supplies), account number 73010-6001 in the amount of $1,823.52;

Additional appropriation to Commissioner of Revenue, (office

supplies) account number 12090-6001 in the amount of $22.08;

Additional appropriation to Commissioner of Revenue, (office

supplies) account number 12090-8101 in the amount $242.92;

Additional appropriation to Buchanan County Health Dept. account

number 51010-5130 in the amount of $4,637.91.

11783

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IN RE: CONSIDER APPROVING TO ISSUE A CHECK FOR THE

FOLLOWING COYOTE CLAIMS IN THE AMOUNT OF $50.00

FOR EACH CLAIM


Craig Stiltner and with the following roll call vote of seven (7) yeas Trey Adkins, Craig

Stiltner, Harold H. Fuller, William P. Harris, Earl Scott, G. Roger Rife, J. Carroll

Branham and zero (0) nays, this board did hereby approve to issue a check for the

following coyote claims in the amount of $50.00 for each claim:

Richard Rife

Leslie Ball (3 claims)

Randy Gilbert

Steve Stiltner

John Wayne Hylton

Adel Keen (2 claims)

Billy Presley (2 claims)

Sabrina Stiltner (2 claims)

Jimmy Clevinger

Chris Wolford (4 claims)

Austin Looney (5 claims)

Kelly Sparks (2 claims)

Alfred Yates (3 claims)

Eddie Williams (3 claims

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVING TO TRANSFER $1,000.00 FROM

ANIMAL CONTROL, FUND 10, (FOOD SUPPLIES) ACCOUNT

NUMBER 35010-6002 TO (LIVESTOCK CLAIM) ACCOUNT

NUMBER 35010-8104 AND STOP PAYMENT FOR COYOTE

CLAIMS UNTIL JULY 1ST, 2016

Trey Adkins, Knox District Supervisor made a motion to approve transferring

$1,000.00 from Animal Control, Fund 10, (food supplies) account number 35010-6002 to

(livestock claim) account number 35010-8104 and stop payment for coyote claims until

July 1st, 2016.

I don’t think we should suspend paying for coyote claims if we have to take the

funds from our accounts, stated Craig Stiltner.

Mr. Adkins withdrew his motion at this time.


―――――――――― 000 ――――――――――

IN RE: JOHN F. SMITH, RESIDENT

John F. Smith, resident stated there’s a lot of things the board of supervisors needs

to look at for the future, due to the downward turn of the coal industry in the county.

11784

Last week I chaired a meeting that included representatives from 20 small coal

companies, as well as CONSOL and Alpha Natural Resources, he stated. These small

coal companies were from Buchanan County, Eastern Kentucky, Dickenson County and

Wise County. Buchanan County as of today has 12 operating mines, including Buch

One, he stated. At this meeting, CONSOL informed us that the Buch One mines was

sold to Coronado IV.

Coronado Coal is an investment group, that is owned by a larger investment

group, stated Mr. Smith. There’s going to be changes at Buch One, which could be good

or could be bad.

There were 42 individuals in that meeting last week, stated Mr. Smith. The new

respirable dust regulations set to go into effect April 1st. Once this goes into effect, I

expect to see several of the Buchanan County mines to close.

The new respirable dust regulation requires the operator to invest $17,000 for a

computer for a man to hang on to while he’s running the miner, stated Mr. Smith. He has

to have one for his roof bolter and has to two (2) for his shutter cars. That’s not counting

his computer, his internet hookup, all his software, his calibrators, chargers and

everything, he stated.

I’m not only asking for a long range financial planning, due to the predications

related to the local coal production, stated Mr. Smith. As of now, there’s about 22 years

of active production of coal that remains at Buch One.

Revelation Coal has laid off 12 people and 6 coal trucks a total of 18 jobs lost,

which is actually seven (7) times that according to statistics, stated Mr. Smith. Booth

Energy has closed their mines too.

I made a prediction six (6) years ago that there wouldn’t be ten (10) mines in

Buchanan County and I missed it by one (1), stated Mr. Smith. I’ve studied this stuff.

There’s funding coming available only for education training and we need to get

our share of it, stated Mr. Smith.

Craig Stiltner, Rocklick District Supervisor stated we have meet with

Congressman Morgan Griffith’s staff to discuss the federal grant funding that’s coming

available.

Mr. Stiltner stated the Buchanan County School System has been discussing night

classes for working people who wish to learn a second trade or further their education. If

they would start having two (2) or three (3) classes for welding, registered nurses that

could provide a substantial salary so they could support their family.

Sandy Shortridge with the Buchanan County Extension Office commented we

need computer classes to help individuals with the functioning of computers.

Mr. Smith stated regarding the use of county vehicles, the bridge crew shows up

at the county garage at Leemaster then stops at Vansant to get their supplies, they’re not

going to the job site at 8:00 a.m. I’ve seen them at one (1) bridge where they showed up

11785

at 9:00 a.m. then someone has to leave and get supplies, he stated. I can tell you one

thing a coal miner doesn’t get paid until he’s goes down into that dark hole.

―――――――――― 000 ――――――――――

IN RE: CLOSED SESSION 2.2-3711 1950 CODE OF VIRGINIA

Upon a motion by Harold H. Fuller seconded by Trey Adkins and with a

unanimous voice vote by this board, this board agreed to convene in closed session as

permitted by Virginia Code Section, 2.2-3711 (A) (1), personnel matter involving the

Buchanan County Building Code Office; Virginia Code Section, 2.2-3711 (A) (7),

consultation with legal counsel regarding the ongoing issue with the Buchanan County

Public Service Authority and Code Section, 2.2-3711 (A) (7), consultation with legal

counsel regarding courthouse renovations.

――――――――――――――――――――

Motion was made by Craig Stiltner to return from closed session seconded by

Trey Adkins and with a roll call of seven (7) yeas, William P. Harris, J. Carroll Branham,

G. Roger Rife, Harold H. Fuller, Steve O’Quinn, Craig Stiltner, Trey Adkins and zero (0)

nays.

This board’s meeting resumed in open session after being in executive session for

one (1) hour and twenty-two (22) minutes.

――――――――――――――――――――

A motion by Craig Stiltner seconded by William P. Harris, with J. Carroll

Branham, Chairman of the Buchanan County Board of Supervisors announcing during

such session the board had also discussed Virginia Code Section, 2.2-3711 (A)(7),

consultation with legal counsel concerning agenda item number 11, regarding the

purchase of a side by side for the Prater Volunteer Rescue Squad; Virginia Code Section,

2.2-3711 (A)(7), consultation with legal counsel concerning the ATV Trail System and

other recreational development and Virginia Code Section, 2.2-3711 (A)(7), consultation

with legal counsel concerning the Poplar Gap gymnasium roof warranty.

The board of supervisors ratified the discussion of the additional matter during

closed session and then each of the members of the board certified that they did not

discuss any other matters other than the foregoing in such session.

The motion was agreed upon by the following roll call vote of seven (7) yeas,

William P. Harris, G. Roger Rife, J. Carroll Branham, Harold H. Fuller, Craig Stiltner,

Trey Adkins, Earl Scott and zero (0) nays.

―――――――――― 000 ――――――――――

11786

IN RE: CONSIDER SUPPLEMENTARY AGENDA


William P. Harris and with a unanimous voice vote by the board, this board did hereby

approve to have a supplementary agenda when necessary.

―――――――――― 000 ――――――――――

IN RE: CONSIDER RATIFYING TEMPORARY PART-TIME

EMPLOYEES

Trey Adkins, Knox District Supervisor stated the three (3) temporary part-time

employees did snow removal work during the state of emergency.


William P. Harris and with the following roll call vote of seven (7) yeas, William P.

Harris, G. Roger Rife, J. Carroll Branham, Harold H. Fuller, Craig Stiltner, Trey Adkins,

Earl Scott and zero (0) nays, this board did hereby ratify the following temporary part-

time employees to be paid from Knox District Highways, Streets and Bridges account:

Brandon Adkins

Michael Mounts

Jeffery Young

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPOINTMENTS TO THE ATV AUTHORITY FOR

THE HURRICANE AND ROCKLICK DISTRICTS


by Trey Adkins and with the following roll call vote of seven (7) yeas, William P. Harris,

G. Roger Rife, J. Carroll Branham, Harold H. Fuller, Craig Stiltner, Trey Adkins, Earl

Scott and zero (0) nays, this board did hereby appoint Danny Elswick to the Buchanan

County ATV Authority for the Rocklick District.

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPOINTMENT AND/OR REAPPOINTMENT TO

APPALACHIAN COLLEGE OF PHARMACY BOARD OF

TRUSTEES. (CURRENT DAVID SHANAHAN)


Harold H. Fuller and with a roll call vote of seven (7) yeas, William P. Harris, G. Roger

Rife, J. Carroll Branham, Harold H. Fuller, Craig Stiltner, Trey Adkins, Earl Scott and

zero (0) nays, this board did hereby reappoint David Shanahan to the Appalachian

College of Pharmacy (ACP) Board of Trustees for a three (3) year term ending

September 2018.

―――――――――― 000 ――――――――――

11787

IN RE: CONSIDER APPROVING INVOICE IN THE AMOUNT OF

$51,600.00 TO VIRGINIA DEPARTMENT OF STATE POLICE

FOR ANNUAL SUBSCRIBER AND MAINTENANCE FEE FOR

STARS RADIO SYSTEM

Robert C. Horn, County Administrator stated a small portion of this invoice will

be reimbursed from the town. In the past, all the related radio services and equipment

was paid from the sheriff’s office budget.

Trey Adkins, Knox District Supervisor suggested paying the invoice from the E-

911 budget.

Craig Stiltner, Rocklick District Supervisor suggested paying the invoice from the

sheriff’s office budget, since it was taken from one of his accounts before for the radio

services.

William P. Harris, Hurricane District Supervisor asked if it was legal to pay the

invoice from the sheriff’s office budget?

L. Lee Moise, County Attorney stated yes.

Mr. Horn reminded the board that the county’s revenue is extremely low.


William P. Harris and with the following roll call vote of six (6) yeas, William P. Harris,

G. Roger Rife, J. Carroll Branham, Craig Stiltner, Trey Adkins, Earl Scott and one (1)

nay, Harold H. Fuller, this board did hereby approve the invoice in the amount of

$51,600.00 from the Virginia Department of State Police for the annual subscriber and

maintenance fee for STARS Radio System for Buchanan County and the Town of

Grundy to be paid from the Sheriff’s Office account, 31020-6010.

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVING THE INVOICE IN THE AMOUNT OF

$69,000.00 FROM USI INSURANCE SERVICES, LLC FOR THE

BUCHANAN COUNTY CONSOLIDATED GROUP INSURANCE

POLICY


by Trey Adkins and with the following roll call vote of seven (7) yeas, William P. Harris,


Scott and zero (0) nays, this board did hereby approve the invoice in the amount of

$69,000.00 from USI Insurance Services, LLC for the Buchanan County Consolidated

Group Insurance Policy.

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IN RE: CONSIDER APPROVING THE INVOICE IN THE AMOUNT OF

$415.00 TO ATV & SXS ILLUSTRATED FROM BUCHANAN

COUNTY TOURISM ACCOUNT


Craig Stiltner and with the following roll call vote of seven (7) yeas, William P. Harris,

11788


Scott and zero (0) nays, this board did hereby approve the invoice in the amount of

$415.00 to ATV & SxS Illustrated from Buchanan County Tourism account.

―――――――――― 000 ――――――――――

IN RE: CONSIDER SCHEDULING A APPROVING REQUEST FROM

THE BUCHANAN COUNTY TOURISM COMMITTEE TO

ELIMINATE THE STIPEND FOR THE COMMITTEE


Craig Stiltner and with a roll call vote of seven (7) yeas, William P. Harris, G. Roger


zero (0) nays, this board did hereby approve the request from the Buchanan County

Tourism Committee to eliminate the stipend for the committee.

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVING REQUEST FROM THE BUCHANAN

COUNTY TOURISM COMMITTEE TO APPOINT BROOKE

BOYD TO THE COMMITTEE




zero (0) nays, this board did hereby appoint Brooke Boyd to the Buchanan County

Tourism Committee.

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVING THE BUCHANAN COUNTY TOURISM

COMMITTEE TO REQUEST THE ATV & SXS ILLUSTRATED

STAFF TO DO AN ARTICLE ON THE ATV TRAILS IN THE

COUNTY. (THE COUNTY WILL BE RESPONSIBLE FOR

HOTELS, MILEAGE AND FOOD FOR THREE DAYS.)




zero (0) nays, this board did hereby approving the Buchanan County Tourism Committee

to request the ATV & SxS Illustrated staff to do an article on the ATV trails in the

county. (The county will be responsible for hotels, mileage and food for three days.)

―――――――――― 000 ――――――――――

11789

IN RE: CONSIDER APPROVING THE INVITATION TO BID FOR A LG

MINI-SPLIT HEAT PUMP SYSTEM FOR THE BUCHANAN

COUNTY SHERIFF’S OFFICE




Scott and zero (0) nays, this board did hereby approve the Invitation to Bid for a LG

Mini-Split Heat Pump System for the Buchanan County Sheriff’s Office to be paid from

the Sheriff’s Office renovation account.

―――――――――― 000 ――――――――――

IN RE: BROOKE BOYD, PARK MANAGER – CONSIDER APPROVING

THE INVITATION TO BID FOR CARNIVAL/MIDWAY RIDE

AND ATTRACTION EQUIPMENT FOR THE BUCHANAN

COUNTY FAIR

Brook Boyd, Park Manager stated the 2016 Buchanan County Fair is scheduled

for June 9th – 11th. There are bids that will to be approved by the board besides the

carnival, which include sound, tents, security.

G. Roger Rife, South Grundy District Supervisor asked how much funding is in

the county fair account?

Ms. Boyd stated about $40,000.




Scott and zero (0) nays, this board did hereby approve the Invitation to Bid for

carnival/midway ride and attraction equipment for the 2016 Buchanan County Fair.

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPOINTMENTS TO THE BUCHANAN COUNTY

FAIR COMMITTEE




Scott and zero (0) nays, this board did hereby approve to appoint two (2) committee

members to the Buchanan County Fair Committee from each district to be authorized by

a supervisor as a voting member.

―――――――――― 000 ――――――――――

11790

IN RE: GENERAL DISCUSSION CONCERNING PAY DURING COUNTY

FAIR

G. Roger Rife, South Grundy District Supervisor stated I’ve been asked about the

issue paying Nora Cantrell who worked during the county fair.

Trey Adkins, Knox District Supervisor stated there’s a law in place that won’t

allow paying Ms. Cantrell.

Craig Stiltner, Rocklick District Supervisor stated an individual cannot campaign

and be a paid employee.

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVING A CONTRIBUTION TO HURLEY HIGH

SCHOOL IN THE AMOUNT OF $5,739.16 FOR AN INTERCOM

SYSTEM

Trey Adkins, Knox District Supervisor stated Hurley High School has received a

grant in the amount of $15,548.00 for an intercom system. The school is requesting the

difference in the cost to purchase the system. There are safety concerns at the school and

the system will provide needed security.

Mr. Adkins made a motion to transfer $5,739.16 from Fund 1, Capital Outlay to

the Knox District Park and Recreation and to issue a check to Hurley High School for the

additional funding needed to purchase the intercom system, his motion was seconded by

William P. Harris.

Robert C. Horn, County Administrator stated we know the budget is a big concern

now. Everything that is transferred is less funds in Fund 1.

Mr. Adkins withdrew his motion.

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVING A TRANSFER FROM HURRICANE

DISTRICT HIGHWAYS, STREETS AND BRIDGES ACCOUNT

NUMBER 41020-7010-02 TO HURRICANE DISTRICT PARK AND

RECREATION, (GENERAL SUPPLIES) ACCOUNT NUMBER

71040-6022-02


seconded by Trey Adkins and with the following roll call vote of seven (7) yeas, Harold

H. Fuller, Craig Stiltner, Trey Adkins, William P. Harris, G. Roger Rife, Earl Scott, J.

Carroll Branham and zero (0) nays, this board did hereby approve to transfer $9,631.48

from Hurricane District Highways, Streets and Bridges account number 41020-7010-02

to Hurricane District Park and Recreation, (general supplies) account number 71040-

6022-02.

11791

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPOINTMENTS TO THE BUCHANAN COUNTY

PUBLIC SERVICE AUTHORITY FOR THE TOWN OF GRUNDY

Trey Adkins, Knox District Supervisor stated I have two (2) options that I think

should be presented to the Town of Grundy to consider. The first option would permit

the town to retain one (1) member on the PSA board on a permanent basis, while deeding

the town’s water system to the PSA. The second option would see two (2) town

representatives permitted on the PSA board for a period of four (4) years before the

town’s representation was reduced to one (1) member. Also, the town’s water system

would be conveyed to the PSA and the town would be responsible for $5 million toward

the cost of constructing a new sewer treatment plant.

Mr. Adkins made a motion to submit these two (2) options to the Town of Grundy

for their consideration.

G. Roger Rife, South Grundy District Supervisor stated if this motion is voted on

and it passes, my motion won’t be good.

With no second to Mr. Adkins motion, Mr. Adkins requested a roll call vote

of three (3) yeas, Trey Adkins, William P. Harris, Craig Stiltner, two (2) nays, J. Carroll

Branham, G. Roger Rife and two (2) passes, Harold H. Fuller and Earl Scott, this board

did hereby approve to submit the following two (2) options to the Town of Grundy

regarding the appointment/s to the Buchanan County Public Service Authority (PSA):

A) The Town of Grundy would be entitled to one (1) member on the PSA Board on a

permanent basis after the joinder procedure is successfully completed; the Town

would have no financial liability in regard to the repair or replacement of the

sewage treatment plant, subject to the Town conveying immediately all property

and rights currently being leased by the Town to the PSA, so that the final result

will be that the PSA owns all of the public water system and all of the pubic

sewer system in the County; OR

B) The Town of Grundy after successful completion of the joinder procedure would

be entitled to two (2) members on the PSA Board for a four (4) year term then go

down to one (1) member and convey immediately all the property and rights to

the PSA ( as set forth above) and pay $5 million dollars towards the repair or

replacement of the Conaway sewage treatment plant for the PSA. Once the 5

million dollars is paid, and the Town has conveyed all property and rights to the

PSA, as set forth above, the Town will have no further financial liability in regard

to the water and sewer systems other than any responsibility that would inure

from being a member of the PSA.

―――――――――― 000 ――――――――――

11792

IN RE: CONSIDER RATIFYING PAYROLL AFTER REVIEW


William P. Harris and with the following roll call vote of seven (7) yeas, Harold H.

Fuller, Craig Stiltner, Trey Adkins, William P. Harris, G. Roger Rife, Earl Scott, J.

Carroll Branham and zero (0) nays, this board did hereby ratify the payroll after

reviewing.

―――――――――― 000 ――――――――――

IN RE: CONSIDER RATIFYING THE PAYMENT OF BILLS BY

RESOLUTION ADOPTED ON JANUARY 4TH, 2016. (INCLUDING

THE BUCHANAN COUNTY HEAD START RATIFIED BILL LIST

AND BILL LIST)


William P. Harris and with the following roll call vote of seven (7) yeas, H. Fuller, Craig

Stiltner, Trey Adkins, William P. Harris, G. Roger Rife, Earl Scott, J. Carroll Branham

and zero (0) nays, this board did hereby ratify the payment of bills by Resolution adopted

on January 4th, 2016. (Including the Buchanan County Head Start ratified bill list and bill

list)

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVING TO APPROVAL OF MINUTES FOR

FEBRUARY 1ST AND 18TH, 2016


by Trey Adkins and with the following roll call vote of six (6) yeas, H. Fuller, Craig

Stiltner, Trey Adkins, G. Roger Rife, Earl Scott, J. Carroll Branham, zero (0) nays and

one (1) abstention William P. Harris, this board did hereby approve the minutes for

February 1st and 18th, 2016.

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVING APPOINTMENT OR

REAPPOINTMENT TO THE PSA FOR THE NORTH GRUNDY

DISTRICT


William P. Harris and with a roll call vote of seven (7) yeas, H. Fuller, Craig Stiltner,

Trey Adkins, William P. Harris, G. Roger Rife, Earl Scott, J. Carroll Branham and zero

(0) nays, this board did hereby reappoint Phillip Skeens representative for the North

Grundy Magisterial District to the Buchanan County Public Service Authority Board of

Directors for a four (4) year term ending March 1st, 2020.

―――――――――― 000 ――――――――――

11793

IN RE: CONSIDER APPROVING CUMBERLAND PLATEAU REGIONAL

WASTE MANAGEMENT AUTHORITY MANPOWER SERVICE

AGREEMENT


Craig Stiltner and with a roll call vote of seven (7) yeas, H. Fuller, Craig Stiltner, Trey

Adkins, William P. Harris, G. Roger Rife, Earl Scott, J. Carroll Branham and zero (0)

nays, this board did hereby approve the following Cumberland Plateau Regional Waste

Management Authority Manpower Service Agreement and authorized the Chairman of

the Buchanan County Board of Supervisors and Robert Craig Horn, County

Administrator for Buchanan County, Virginia to execute such Agreement on behalf of

Buchanan County with the approval as to form by the County Attorney.

CUMBERLAND PLATEAU REGIONAL WASTE MANAGEMENT AUTHORITY

MANPOWER SERVICE AGREEMENT

THIS AGREEMENT made as of this 7th day of March, 2016, by and between

Cumberland Plateau Regional Waste Management Authority (hereinafter referred to as the

"Authority") and the County of Buchanan, Virginia, a political subdivision of the

Commonwealth of Virginia, (hereinafter referred to as "County").

WHEREAS, the Authority, after causing the construction thereof, has agreed to

operate and manage a transfer station in the County of Buchanan to ensure the availability

of an economical and environmentally sound method to handle and dispose of solid waste

generated in Buchanan County; and

WHEREAS, the Authority desires to secure manpower services to operate

the Authority's transfer station; and

WHEREAS, the County has offered to provide said manpower services; and

WHEREAS, the Authority agrees to retain County for manpower services in order

to efficiently and economically operate the Authority's transfer station in Buchanan

County; and

WHEREAS, in reliance on this Agreement, the County will employ the

personnel necessary to ensure County's performance hereunder and will provide a

leachate truck for the purpose of pumping and transporting leachate from the transfer

station to an approved disposal location.

NOW, THEREFORE, FOR AND IN CONSIDERATION of the respective

covenants herein contained, the parties have agreed as follows:

REPRESENTATIONS AND CERTIFICATIONS

Both parties hereto specifically represent and certify that each has (1) reviewed

and understands the terms and conditions as stated herein; (2) that each has the requisite

right, power and authority necessary for the execution hereof; and (3) that any and all

requirements imposed by the Virginia Public Procurement Act have been satisfied.

Both parties hereto, by the execution hereof, expressly and unequivocally agree,

that County shall be considered as an Independent Contractor hereunder and that no

11794

liability resulting from any willful or negligent act or failure to act by County's

employees shall be attributable to the Authority. The County specifically agrees unless

otherwise prohibited by law, to fully indemnify and protect the Authority from any suit or

claim arising out of any breach of this Agreement by the County. The Authority

specifically agrees unless otherwise prohibited by law, to fully indemnify and protect the

County from any suit or claim arising out of any breach of this Agreement by the

Authority.

AUTHORITY AND COUNTY OBLIGATIONS

The Authority agrees to be responsible for costs associated with the operation of

the transfer station except those cleaning and personal hygiene items, wages, taxes,

workmen's compensation insurance, liability insurance and other fringe benefits paid to, or

for the benefit of, the workers employed by the County assigned to the Authority's transfer

station.

QUALITY OF SERVICE ON PERSONNEL/PERFORMANCE EVALUATION

The Authority shall maintain the Transfer Station open for performance of this Agreement

between the hours of 7:30 a.m. and 4:00 p.m., Monday through Friday, excluding

observed holidays as provided for in the User Agreement executed between the

Authority and the County. If the County wishes to open additional hours, it shall do so at

its own manpower expense. The actual operating hours may be altered, provided both

parties agree to changes in the normal posted hours.

SCOPE OF SERVICE CONTRACTOR OBLIGATIONS

The County shall be responsible for securing necessary certification and approvals

from relevant federal, state and local governmental agencies having jurisdiction over its

personnel; provided however, the Authority shall retain responsibility for obtaining all

permits and approvals relating to the general operation of the Transfer Station. During the

term hereof, the County shall provide the necessary personnel for the daily operation of

the Transfer Station, all in compliance and certified with applicable laws and regulations.

The County shall provide a leachate truck for the purpose of pumping and transporting

leachate from the transfer station to an approved disposal location and County will supply

fuel, tags and insurance for this leachate truck

TERM OF CONTRACT

This Agreement shall be effective as of the 5th day of April, 2016. The initial term

of this Agreement shall be one (1) year commencing on the 5th day of April, 2016. The

term of this Agreement shall extend for additional one-year, upon the same terms and

conditions as herein, unless either party elects to cancel this Agreement by three (3)

months written notice to the other party prior to the end of this term or of any hold over

term.

NONDISCRIMINATION

The County shall not discriminate against any person because of race, sex, age,

creed, color, religion, natural origin or handicap.

11795

INSURANCE

The County or its sub-contractor shall provide and maintain during active

operations hereunder, Workers' Compensation Insurance which shall meet the

requirement of the Commonwealth of Virginia.

The County or its sub-contractor shall provide and maintain during active

operations hereunder Public Liability Insurance, to protect against all claims arising out

of the County's negligent or willful acts or omissions in the course of its operations that

result in bodily injury, death or property damage.

The County of its sub-contractor shall upon the full execution of this Agreement

and thereafter upon request, furnish Authority evidence that the insurance relative to its

said acts or omissions is in force, provided, however, any certificate of insurance shall in

no way alter or amend such insurance coverage to increase the level or extent expressly set

forth herein.

The limits of liability of all insurance required herein not expressly set forth

hereinabove shall be as set forth in Exhibit "A", which is attached hereto and made a part

hereof.

DEFAULT

Except as otherwise provided herein, if either party defaults in the performance of

any of the warranties, covenants or conditions contained herein for thirty (30) days after the

other party has given the defaulting party written notice of such default and the party

defaulting shall not have commenced to cure such default within said period and to pursue

diligently the completion thereof, the other party may: (i) terminate this Agreement as of

any date at least thirty (30) days after the last day of the thirty (30) day period; (ii) cure

the default at the expense of the defaulting party and (iii) have recourse to any other right

or remedy to which it may be entitled by law or equity, including, but not limited to, the

right for all damage or loss suffered as a result of such default and termination. In the

event either party waives default by the other party, such waiver shall not be construed or

determined to be a continuing waiver of the same or any subsequent default. In the event

that in the exercise of due diligence during the aforesaid thirty (30) day period such cure

cannot reasonably be effected or completed, such cure period shall be extended to include

such additional time as is reasonably necessary to effect or complete such cure provided

the defaulting party exercises continuous diligent efforts to cure such default during such

extended period.

GENERAL PROVISIONS

Neither party shall assign or transfer, or permit the assignment or transfer of this

Agreement or the rights hereunder without the prior written consent of the other party.

The Authority expressly reserves the power to demand Contractor to provide qualified

personnel at the transfer station. In the event that said employees are not performing to the

Authority's needs or specifications, the County will immediately cure said deficiency by

supplying alternative qualified personnel. The Contractor will as outlined in this agreement

11796

supply at least (1) certified operator as approved by the Virginia Department of

Professional and Occupational Regulation Board during daily operations.

This Agreement constitutes the entire agreement and understanding between the

parties hereto, and it shall not be considered modified, altered, changed, amended or

revoked unless in writing and signed by the parties hereto.

From and after the date of this Agreement, the County's performance hereunder

may be suspended and its obligations hereunder excused in the event and during the

period that such performance if prevented by a cause or causes beyond the reasonable

control of the County. Such causes may include, by way of example and not limitations,

acts of God, acts of war, riot, fire, explosion, accident, flood or sabotage, lack of adequate

fuel, power or raw materials, judicial, administrative or governmental laws, regulations,

requirements, rules, orders or actions; injunctions or restraining orders; the failure of any

governmental body to issue or grant, or the suspension or revocation or modification of

any license, permit or other authorization necessary for the services envisioned by the

Agreement; national defense requirements; labor strike, lockout or injunction.

If any term, clause or provision of this Agreement or the application thereof to any

person or circumstances shall, to any extent be illegal, invalid or unenforceable under

present or future laws effective during the term hereof, then it is the intention of the parties

hereto that the remainder of this Agreement, or the application of such term, clause or

provision to persons or circumstances other than those to which it is held illegal, invalid

or unenforceable, shall not be affected thereby, and it is also the intention of the parties

hereto that in lieu of each term, clause or provision that is illegal, invalid or unenforceable

term, clause or provision as may be possible to effect the expressed intent of the parties

and be legal, valid and enforceable.

This Agreement shall be governed by and construed in accordance with the laws of the

Commonwealth of Virginia and any disputes hereunder shall be resolved by the Circuit

Court of Buchanan County, Virginia.

The covenants, terms, conditions and provisions of this Agreement shall extend to

and be binding upon the successors and assigns of the respective parties.

All notices or other communications to be given hereunder shall be in writing and

shall be deemed given when mailed by registered or certified United States mail,

addressed to the Cumberland Plateau Regional Waste Management Authority, P.O. Box

548, Lebanon, VA 24266, or addressed to Buchanan County, P.O. Drawer 950, Grundy,

VA 24614.

IN WITNESS WHEREOF, the parties hereto cause their presence to be signed and

sealed this 7th day of March, 2016, written by their respective officers pursuant to

authorizations contained in duly adopted resolutions or ordinances, as the case may be.

CUMBERLAND PLATEAU REGIONAL

WASTE MANAGEMENT AUTHORITY

__________________________________

BY: Chairman of the Authority

11797

COUNTY OF BUCHANAN BOARD OF

SUPERVISORS

BY: ______________________________

Chairman of the Buchanan County

Boar of Supervisors

BY: _______________________________


APPROVED AS TO FORM:

__________________________________

County Attorney for Buchanan County

EXHIBIT A

INSURANCE COVERAGE RIDER

Coverage’s Workmen’s Limits of Liability

Compensation Employer’s $100,000 per accident $100,000

Liability per employee’s disease $500,000

Policy limit on disease

Excess Umbrella Liability $1,000,000 each occurrence

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IN RE: CONSIDER APPROVING THE MAINTENANCE AGREEMENT

BETWEEN THYSSENKRUPPP ELEVATOR CORPORATION

AND BUCHANAN COUNTY

After a general discussion by the board upon motion of Trey Adkins seconded by

Craig Stiltner and with a roll call vote of seven (7) yeas, Harold H. Fuller, Craig Stiltner,

Earl Scott, G. Roger Rife, William P. Harris, J. Carroll Branham, Trey Adkins and zero

(0) nays, this board did hereby approve the (platinum) Maintenance Agreement between

ThyssenKrupp Elevator Corporation and Buchanan County authorized the Chairman of

the Buchanan County Board of Supervisors and County Administrator for Buchanan

County, Virginia to execute the Agreement on behalf of Buchanan County with the

approval as to form by the County Attorney. A copy of this agreement is located in the


―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVING THE INVOICE FROM BRIAN

BLANKENSHIP

Trey Adkins, Knox District Supervisor stated Brian Blankenship worked to clear

the parking lot at the park and gymnasium during the local emergency. He doesn’t have

a vendor service agreement with the county and the time he worked was just this one

time.



Fuller, Craig Stiltner, Earl Scott, G. Roger Rife, William P. Harris, J. Carroll Branham,

11798

Trey Adkins and zero (0) nays, this board did hereby approve the invoice from Brian

Blankenship in the amount of $1,560.00 to be paid from the DSR account.

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVING THE LOCAL GOVERNMENT

ORDINANCE FORM FOR THE PSA


―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVAL TO ADVERTISE IN THE CROOKED

ROAD, SECOND ANNUAL MOUNTAIN OF MUSIC

HOMECOMING PROGRAM FOR 2016 IN THE AMOUNT OF

$300.00 TO BE PAID FROM THE TOURISM ACCOUNT



Fuller, Craig Stiltner, Earl Scott, G. Roger Rife, William P. Harris, J. Carroll Branham,

Trey Adkins and zero (0) nays, this board did hereby approve to advertise in the Crooked

Road, Second Annual Mountain of Music Homecoming Program for 2016 in the amount

of $300.00 to be paid from the tourism account.

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVAL TO TRANSFER FUNDING FROM

PATTERSON VOLUNTEER RESCUE SQUAD TO DISMAL

RIVER VOLUNTEER RESCUE SQUAD

Harold H. Fuller, Garden District Supervisor stated Patterson Volunteer Rescue

Squad and Dismal River Volunteer Rescue Squad are operating together now.

After a general discussion by the board upon motion by Harold H. Fuller

seconded by Trey Adkins and with the following roll call vote of seven (7) yeas, Harold

H. Fuller, Craig Stiltner, Earl Scott, G. Roger Rife, William P. Harris, J. Carroll

Branham, Trey Adkins and zero (0) nays, this board did hereby approve to transfer

$27,840.89 from Patterson Volunteer Rescue Squad, account number 32030-5604-7 to

Dismal River Volunteer Rescue Squad, account number 32030-5604-6.

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVING TRANSFERS FOR THE ROCKLICK

MAGISTERIAL DISTRICT


by Trey Adkins and with the following roll call vote of seven (7) yeas, Harold H. Fuller,

Craig Stiltner, Earl Scott, G. Roger Rife, William P. Harris, J. Carroll Branham, Trey

11799

Adkins and zero (0) nays, this board did hereby approve the following transfers for the

Rocklick District:

Transfer $2,500.00 from Big Rock Senior Citizens, account number 53050-5604-

11 to Rocklick District Park and Recreation account 71040-5604-06;

Transfer $2,500.00 from Big Rock Senior Citizens, account number 53050-5604-

11 to Rocklick District Park and Development account 71060-7010-06.

―――――――――― 000 ――――――――――

IN RE: GENERAL DISCUSSION CONCERNING THE BUCHANAN

COUNTY PUBLIC SERVICE AUTHORITY (PSA)

G. Roger Rife, South Grundy District Supervisor stated I’m not going to vote to

increase the water rates for the PSA.

Trey Adkins, Knox District Supervisor stated I don’t want to vote either but if we

let the town out of their obligation then we’ll have to either cut the water or sewer off. If

we don’t vote to increase the water rates, then we’ll have to give the PSA $2.4 million.

I’ll ask for someone to make the motion to give the money from the CNX gas account to

the PSA, he stated.

Where are we going to get the funding for the PSA when we’re going to cut the

budget to $40 million, stated Mr. Adkins. The school system, sheriff’s office etc. is

going to have their budget’s cut.

We can use 25% of the coal haul road funds for the PSA instead of new road

projects, stated Mr. Rife.

Craig Stiltner, Rocklick District Supervisor stated I’m not going to vote to take

any money from the coal haul road or vote to taken any money from the CNX gas

account. We need to take the biggest portion of the coal haul road funds and put towards

the revenue sharing for state highway overlays instead of these little small projects then

we could have all the state highways in the county overlaid in four (4) to five (5) years,

he stated.

In 20 years we’ve taken money from the coal haul road for new projects, stated

Mr. Rife. Since, we don’t have that many new projects; we can still use the 25% to the

PSA for maintenance projects.

Does anybody remember when Thompson & Litton (T & L) said that the PSA

would be self sufficient, asked Mr. Stiltner?

William P. Harris, Hurricane District Supervisor stated about 20 years ago.

How many recommendations has T & L made and how many millions of dollars

the PSA has spend this board has approved and been told if we spend this much money

we’ll save this etc., asked Mr. Stiltner. When do you stop listening to T & L?

J. Carroll Branham, Chairman stated T & L had told that the county would save

enough to pay for the Rt. 83 project.

11800

Every recommendation that T & L has made has never came to past, stated Mr.

Stiltner. They claimed if we spend all that money on the Rt. 83 project that we water lost

would go down.

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IN RE: CONSIDER APPROVING CONTRIBUTIONS


Harold H. Fuller and with the following roll call vote of seven (7) yeas, Harold H. Fuller, Craig

Stiltner, Earl Scott, G. Roger Rife, William P. Harris, J. Carroll Branham, Trey Adkins

and zero (0) nays, this board did hereby approve the following contributions:

Twin Valley High School

(New Riding Mower)

$3,000.00

Council High School

(Senior Trip)

$1,500.00

Council High School

(Girls and Boys Basketball Shoes)

$1,000.00

Council High School

(Matching Funds for Grant)

$1,500.00

Hurley High School

(Baseball Supplies)

$1,000.00

Boy Scout Troop 700

(Klondike Derby)

$500.00

Boys & Girls Club of Central Appalachia

(Twin Valley BGC)

$3,150.00

BC Youth, LLC

(budget funding)

$10,000.00

Twin Valley High School

(Brick Dust and Fertilizer)

$1,400.00

Harman Volunteer Fire Dept.

(Insurance Group)

$417.00

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IN RE: CONSIDER APPROVING TO TRANSFER $1,000.00 FROM

ANIMAL CONTROL, FUND 10, (FOOD SUPPLIES) ACCOUNT

NUMBER 35010-6002 TO (LIVESTOCK CLAIM) ACCOUNT

NUMBER 35010-8104 AND STOP PAYMENT FOR COYOTE

CLAIMS UNTIL JULY 1ST, 2016


Harold H. Fuller and with the following roll call vote of seven (7) yeas, Harold H. Fuller,

Craig Stiltner, Earl Scott, G. Roger Rife, William P. Harris, J. Carroll Branham, Trey

Adkins and zero (0) nays, this board did hereby approve to transfer $1,000.00 from

Animal Control, Fund 10, (food supplies) account number 35010-6002 to (livestock

claim) account number 35010-8104 and stop payment for coyote claims until July 1st,

2016.

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11801

IN RE: CONSIDER SCHEDULING A BUDGET WORK SESSION

After a general discussion by the board, this board did hereby approve to schedule

a budget work session for Thursday, March 17th at 10:00 a.m.

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IN RE: ADJOURNMENT


Harold H. Fuller and with a unanimous voice vote by the board, this board did hereby

approve to adjourn the meeting.

________________________________

J. Carroll Branham, Chairman of the


___________________________________


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