minutes - buchanan county, virginiabuchanancountyonline.com/9-9-13.pdf · jerry hensley, resident...

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MINUTES

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

Monday the 9th day of September 2013 starting at 10:00 o’clock a.m. in the boardroom of

the Buchanan County Courthouse located in Grundy, Virginia.

PRESENT: G. Roger Rife, Chairman

William P. Harris

Harold H. Fuller

Craig Stiltner

Trey Adkins

J. Carroll Branham

Robert Craig Horn

County Administrator

L. Lee Moise, County Attorney

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

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IN RE: CONSIDER ACCEPTING THE REGISTRATION FROM STEVE

O’QUINN, PRATER MAGISTERIAL DISTRICT SUPERVISOR

Upon motion by William P. Harris seconded by J. Carroll Branham and with a

roll call vote of six (6) yeas, William P. Harris, J. Carroll Branham, Trey Adkins, Harold

H. Fuller, G. Roger Rife, Craig Stiltner and zero (0) nays, this board did hereby approve

to accept the registration from Steve O’Quinn, Prater Magisterial District Supervisor.

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IN RE: CONSIDER APPOINTING A SUPERVISOR FOR THE PRATER

MAGISTERIAL DISTRICT

Upon motion by William P. Harris to nominate Earl Scott as Supervisor for the

Prater Magisterial District.

Trey Adkins, Knox District Supervisor commented I have no problem with Mr.

Scott, but I think we need to do this properly. In my opinion, I think the board of

supervisors should hear the views of the Prater District residents before anyone is

appointed to this seat, he stated.

Mr. Harris stated Prater District residents want to know who their supervisor is

going to be with all the issues regarding the school system etc.

Mr. Harris made the motion again to nominate Earl Scott as Supervisor for the

Prater Magisterial District; his motion was seconded by J. Carroll Branham.

G. Roger Rife, Chairman commented we need to fill this position so the Prater

District will have a representative.

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Craig Stiltner, Rocklick District Supervisor stated I thought when Mr. O’Quinn

resigned, we would give the residents in the Prater District an opportunity to express their

opinion for who they would want as supervisor. This is no disrespect to Mr. Scott, but I

thought we would have a public hearing first, he stated.

Harold H. Fuller, Garden District Supervisor stated we need to appoint someone

as quick as possible. I’ve had several telephone calls from residents wanting Mr. Scott as

their supervisor for the Prater District.

Mr. Adkins and Mr. Stiltner agreed they wouldn’t have a problem voting in favor

of Mr. Scott after hearing from the residents in the Prater District..

I’ve had several telephone calls too, stated Mr. Rife. Due to the recent flooding in

the Leemaster section of the Prater District, residents don’t know who to call that

received damage, he stated.

Upon Mr. Harris’s motion to nominate Earl Scott as Supervisor for the Prater

Magisterial District, seconded by J. Carroll Branham and with the following roll call vote

of four (4) yeas, J. Carroll Branham, G. Roger Rife, William P. Harris, Harold H. Fuller

and two (2) nays, Craig Stiltner and Trey Adkins, this board did hereby approve to

appoint Earl Scott as the Supervisor for the Prater Magisterial District.

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IN RE: RECESS

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

voice vote by the board, this board did hereby approve to recess at this time to allow Mr.

Earl Scott an opportunity to take the oath of office.

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IN RE: RECONVENE

Upon motion by Harold H. Fuller seconded by J. Carroll Branham and with a

unanimous voice vote by the board, this board did hereby approve to reconvene the

meeting.

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IN RE: CONRAD HILL, VIRGINIA DEPARMENT OF

TRANSPORTATION (VDOT) REPRESENTATIVE – TO

CONSIDER ADOPTING A RESOLUTION REGARDING THE

CLOSURE OF THE INTERSECTION OF ROUTE 699 AND

ROUTE 691

Conrad Hill, VDOT Representative stated the steel beams needs to be replaced on

the bridge located on Route 699 in Buchanan County in the Rocklick Magisterial District.

The beams and steel has been purchased so the project can start this week. In order for

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VDOT to facilitate the replacement of the superstructure, the intersection of Routes 699

and 691 will have to be closed to through traffic for approximately three (3) weeks

beginning the week of September 9th, he stated.

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

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

Branham, William P. Harris, G. Roger Rife, Craig Stiltner, Earl Scott, Trey Adkins and

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

plan and detour for Route 699 located in the Rocklick Magisterial District:

RESOLUTION

At a meeting of the Board of Supervisors of Buchanan County held in Grundy, Virginia

this 9th day of September, 2013 it was duly moved and seconded that:

WHEREAS, on Route 699, in Buchanan County, part of the substructure and the

superstructure of Structure Number 6246 is to be replaced by Virginia Department of

Transportation maintenance forces, and;

WHEREAS, in order to facilitate the replacement of the superstructure, the intersection

of Route 699 and Route 691 will have to be closed to through traffic for approximately

three weeks beginning the week of September 9th and traffic will have to ingress and

egress from the Route 645 entrance, and;

NOW, THEREFORE, BE IT RESOLVED that in order to facilitate the needed

replacement of this superstructure, the Board of Supervisors hereby concur that with the

closure plan and detour for Route 699, being approximately three weeks.

RESOLVED this 9th day of September, 2013, by the following vote.

Recorded Vote A COPY TEST:

Moved by: Craig Stiltner

Seconded by: Trey Adkins

Yeas: Seven ___________________________ Nays: Zero___________ Robert Craig Horn County Administrator and Clerk

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IN RE: CONRAD HILL, VIRGINIA DEPARMENT OF

TRANSPORTATION (VDOT) REPRESENTATIVE

Harold H. Fuller, Garden District Supervisor stated recently VDOT painted

double yellow center line striping on Route 680. He commented the speed limit is

already 35 mph in this area and requested VDOT to remove the yellow center line

striping in this area.

G. Roger Rife, Chairman thanked Mr. Hill for the white edge lines stripes that had

been painted on Little Prater Road and the pot holes that had been repaired on Dry Fork.

William P. Harris, Hurricane District Supervisor stated on Route 602 near a

church the Buchanan County Public Service Authority (PSA) installed a waterline or did

repairs in this area and now the roadway needs to be fixed.

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Conrad Hill, VDOT Representative stated the PSA will be responsible to make

the necessary repairs to the area.

J. Carroll Branham, North Grundy District Supervisor stated gravel needs to be

put on the edge of the roadway near Lynn Camp.

Craig Stiltner, Rocklick District Supervisor thanked Mr. Hill for the pavement

overlay on Conaway.

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IN RE: CHRIS VENABLE WITH WAMPLER EANES APPRAISAL

GROUP, LTD. – UPDATE ON REASSESSMENT

Chris Venable with Wampler Eanes Appraisal Group, LTD. stated Wampler

Eanes was hired to do the current reassessment. We are half way through the Garden

Magisterial District of the county. Once we complete the Garden District, then we’ll start

the Knox, North Grundy and Prater Magisterial Districts, he commented. Wampler

Eanes has employees that are doing the reassessment in the county.

Trey Adkins, Knox District Supervisor thanked Mr. Venable for updating the

board.

Mr. Venable stated he would attend board meetings periodically to give them an

update on the progress of the reassessment.

Robert Craig Horn, County Administrator asked if they would leave something at

each resident if no one was home?

Mr. Venable stated yes, we leave a yellow door hanger for the property owner to

send back to us or call. This will assist us in updating the records as accurately as

possible, he commented.

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IN RE: JERRY HENSLEY, TO DISCUSS COUNTY ROADS

Jerry Hensley, resident in the Knox Magisterial District stated he signed right-of-

way to the county for Frontlane Road about three (3) years ago. The road is damaged

badly and at the time the right-of-way was signed there was suppose to be a turnaround

constructed.

Marcus Stiltner, Coal Haul Road Engineer stated the county didn’t have

ownership of this property until about six (6) months ago. The company contracted for

the county to do the paving in the Knox District hasn’t started in that area yet.

Trey Adkins, Knox District Supervisor stated the county can’t work a road until

it’s taken into the county road system properly.

Mr. Stiltner stated the contractor doing the paving is in the Hurricane District now

and will start the projects in the Knox and Rocklick Districts next.

Mr. Hensley asked when the road would be fixed?

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Mr. Stiltner stated by late fall. This road is part of the Coal Haul Road Plan for

repairs.

Mr. Adkins stated I have one property owner that is landlocked from their home,

which is a worst issue in the Knox District. Any construction work on a county road has

to be done legal. This is out of my hands when the contractor will get to Frontlane Road,

he stated. The road will be worked when it’s legal and now it’s legal. The county has

only one (1) contractor that’s doing the paving for the county. We will get this road

paved eventually, he stated.

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IN RE: OTIS AND EDNA GILBERT – DISCUSS HOLLOW POPLAR

ROAD LOCATED IN THE PRATER MAGISTERIAL DISTRICT

Otis and Edna Gilbert weren’t present for the meeting.

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IN RE: CANDACE CANTRELL – DISCUSS SONYA BRIDGE LOCATED

IN THE KNOX MAGISTERIAL DISTRICT

Candace Cantrell, resident in the Knox Magisterial District asked the board if any

decisions had been made regarding the closure of Sonya Bridge. She stated the closure of

Sonya Bridge has landlocked her mother from her home. Now my mother has to drive

through my yard to get to her home, she stated. We didn’t ask for the bridge to be

closed, but understand it’s because the bridge is unsafe for traveling over, stated Ms.

Cantrell. If my mother needed an ambulance, they wouldn’t have any access to her

home, she stated. She has been living in Abingdon this summer in a camper because of

the bridge being closed, stated Ms. Cantrell.

G. Roger Rife, Chairman stated we’ve discussed this issue several times and

we’ve got to make sure what the county does is legal. We cannot build a road to one (1)

house, he commented. Until this issue is cleared up, I cannot vote to build a road.

Mr. Rife commented he didn’t have a problem if the county’s bridge crew wanted

to construct the bridge. We hired a bridge crew to do projects like Sonya Bridge, so why

pay a contractor when we can do the work in-house, he stated.

The county’s Coal Haul Road Policy has been changed so many times in the past

six (6) months, he stated. The board is supposed to set policies and request the County

Administrator, County Attorney and the Coal Haul Road Engineer to carry out these

policies, stated Mr. Rife.

I can’t vote to build a bridge for one individual, stated Mr. Rife.

Marcus Stiltner, Coal Haul Road Engineer commented the bridge crew is working

in the Prater District at this time and after they complete that project the crew will be

moving to Squire Branch Bridge, which serves multiple homes. It could be several

months before the bridge crew could construct the new Sonya Bridge, he stated.

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Trey Adkins, Knox District Supervisor stated the total cost for constructing Sonya

Bridge is estimated at $88,000.00.

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

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

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

Adkins and zero (0) nays, this board did hereby approve to table this issue until after

closed session.

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IN RE: RAY FOSTER, SHERIFF – TO DISCUSS THE EXCHANGE OF

FOUR (4) OLDER VEHICLES FOR THE PURCHASE OF TWO (2)

NEW 2013 FORD EXPLORERS

Ray Foster, Sheriff stated I have determined that two (2) 2006 Ford Trucks no

longer suit the needs of the K-9 unit and the narcotics investigator. Also, we have two

(2) Ford Explorers that are in need of repairs and no longer operational. Therefore, we

will be giving these four (4) vehicles back to the county in exchange for two (2) 2013

Ford Explorers, he stated. The total cost for the two (2) 2013 Ford Explorers is

$51,694.00 and would be purchased under state contract.

Craig Stiltner, Rocklick District Supervisor asked if there were a lot of miles on

these vehicles?

Sheriff Foster stated these vehicles have approximately 200,000 miles on them.

The two (2) 2006 Ford Trucks have been used by the K-9 unit and would be excellent for

the Buchanan County Animal Shelter.


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


Adkins and zero (0) nays, this board did hereby approve to accept the two (2) 2006 Ford

Pickup Trucks and the two (2) 2005 Ford Explorers in exchange for two (2) 2013 Ford

Explorers at a total cost of $51,694.00. Also, approved to transfer $51,694.00 from Fund

1, Capital Outlay account number 94100-7010 to Sheriff’s Office, (purchase of new

vehicles) account number 31020-8107 to be used for the purchase of the two (2) 2013

Ford Explorers.

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10182

IN RE: CONSIDER APPROVING BID AND CONTRACT FOR THE

JEWELL VALLEY ATV BRIDGE PROJECT “B” AND

AUTHORIZE THE CHAIRMAN OF THE BUCHANAN COUNTY

BOARD OF SUPERVISORS AND ROBERT CRAIG HORN,

COUNTY ADMINISTRATOR FOR BUCHANAN COUNTY,

VIRGINIA TO EXECUTE SUCH CONTRACT ON BEHALF OF

BUCHANAN COUNTY WITH THE APPROVAL AS TO FORM BY

THE COUNTY ATTORNEY

Marcus Stiltner, Coal Haul Road Engineer stated the Jewell Valley ATV Bridge

Project “B” is the second bridge for this project in Jewell Valley. One bid was received

from Charles Garage & Wrecker Service in the amount of $8,700.00. I’ve negotiated this

bid amount to $7,000.00, which is only for equipment and labor. The estimated cost for

materials is an additional $7,000.00, which would make the total cost for the ATV Bridge

project $14,000.00.

Harold H. Fuller, Garden District Supervisor stated the funding for this project

wasn’t budgeted in this fiscal year budget. This is a county project and needs to be done

to complete this section of the ATV trail.

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

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


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

$7,000.00 and the Contract for the Jewell Valley ATV Bridge Project “B” between

Charles Garage & Wrecker Service and Buchanan County to provide the labor and

equipment for the construction of a ‘floating’ wooden ATV access bridge over an

existing abandoned railroad bridge crossing located at Jewell Valley authorized the

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

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

Buchanan County with the approval as to form by the County Attorney. Also, approved

to transfer $2,000.00 from each of the following district park and development accounts

to the Garden District Park and Development account to assist with the cost of materials

and labor for this project:

South Grundy District

North Grundy District

Rocklick District

Prater District

Hurricane District

Knox District

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10183

IN RE: CONSIDER APPROVING TO SCHEDULE A PUBLIC HEARING

FOR MONDAY, NOVEMBER 4TH, 2013 AT 10:15 A.M. TO

HEAR PUBLIC COMMENTS REGARDING THE

ABANDONMENT OF MILKWEED ROAD, COUNTY ROAD

NUMBER 3251 LOCATED IN THE ROCKLICK MAGISTERIAL

DISTRICT


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


Adkins and zero (0) nays, this board did hereby approve to schedule a public hearing for

Monday, November 4th, 2013 at 10:15 a.m. to hear public comments regarding the

abandonment of Milkweed Road, county road number 3251 located in the Rocklick

Magisterial District.

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IN RE: CONSIDER APPROVING BID FOR ASPHALTING THE

PARKING LOT AT THE HARMAN HEAD START CENTER AND

AUTHORIZE THE CHAIRMAN OF THE BUCHANAN COUNTY

BOARD OF SUPERVISORS AND ROBERT CRAIG HORN,

COUNTY ADMINISTRATOR FOR BUCHANAN COUNTY,

VIRGINIA TO EXECUTE SUCH CONTRACT ON BEHALF

OF BUCHANAN COUNTY WITH THE APPROVAL AS TO FORM

BY THE COUNTY ATTORNEY

This issue was tabled, no action taken.

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IN RE: CONSIDER ADOPTING A RESOLUTION OF INTENTION TO

ACQUIRE PROPERTY FOR THE LITTLE PRATER BY-PASS

PROJECT

Billie Campbell with Terra Tech Engineering Services stated the Preliminary

Engineering Report (PER) has been completed regarding Route 617, Little Prater Road

Project. According to the PER there are at least three (3) different property’s that the

county will need to acquire to move forward with this project


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


Adkins and zero (0) nays, this board did hereby adopt the following Resolution of

intention to acquire property for the Little Prater By-Pass Project:

RESOLUTION OF INTENTION TO ACQUIRE PROPERTY FOR

LITTLE PRATER BY-PASS PROJECT

WHEREAS, The Buchanan County, Virginia Board of Supervisors has authorized Terra

Tech Engineering Service, P.C. to pursue preparation of plans for a by-pass project on

Little Prater Road; and

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WHEREAS, in pursuit of this project certain parcels of property will need to be

acquired; and

WHEREAS, Terra Tech Engineering has identified in a Preliminary Engineering Report

(PER) the property that will need to be acquired to go forward with the project; and

WHEREAS, the properties identified in the Terra Tech PER, includes but is not limited

to properties owned by James Estep, Wellmore Coal Company and Earl and Barbara

Rife; and

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

Supervisors hereby states its intention to acquire the property identified in the Terra Tech

Engineering Preliminary Engineering report in regard to the Little Prater By-Pass Project.

This resolution was adopted this the 9th day of September, 2013 by the Buchanan County,

Va., Board of Supervisors.

Recorded Vote: ___________________________________

Moved by: Harold H. Fuller G. Roger Rife, Chairman of the

Seconded by: Craig Stiltner Buchanan County, Va. Board of Supervisors

Yeas: Seven

Nays: Zero

ATTEST:

_______________________________________

Robert Craig Horn, County Administrator

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IN RE: BILLIE CAMPBELL WITH TERRA TECH ENGINEERING

SERVICES – TO DISCUSS THE ROUTE 80, ROCKWALL CURVE

PROJECT AND ELK CREEK TUNNEL PROJECT

Billie Campbell with Terra Tech Engineering Service stated the engineering

design has been completed on the Route 80, Rockwall Curve Project and it has been

approved by the Virginia Department of Transportation (VDOT). The county is ready to

move forward with property acquisitions and seeking any army corp. permits. Also, this

information has to be submitted to the Virginia Department Mines, Minerals and Energy.

The project should be completed by the end of 2014, stated Mr. Campbell.

Marcus Stiltner, Coal Haul Road Engineer stated the Rockwall Curve Project is a

VDOT Revenue Sharing Project that the county will be reimbursed one-half of the cost

for the project. A quarterly report has to be submitted to VDOT for the county to receive

a reimbursement for the cost.

Mr. Campbell stated the Elk Creek Tunnel Project has been finalized and the deed

for right-of-ways has been signed by the property owners.

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10185

IN RE: CONSIDER ADOPTING A RESOLUTION REGARDING THE

ROAD IMPROVEMENT PROJECT ON ROUTE 80, LOCATED IN

THE HURRICANE MAGISTERIAL DISTRICT, NAMELY THE

“ROCKWALL CURVE PROJECT”

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

seconded by Harold H. Fuller and with a roll call vote of seven (7) yeas, Earl Scott,

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

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

regarding the road improvement project on Route 80, located in the Hurricane

Magisterial District, namely the “Rockwall Curve Project:”

RESOLUTION

RE: COMPLIANCE WITH VIRGINIA CODE SECTION 1-219.1

WHEREAS, Buchanan County is engaged in a revenue sharing project with VDOT in

regard to a road improvement project on Route 80 in the Hurricane Magisterial District,

namely, the “Rockwall Curve Project”; and

WHEREAS, it has become necessary to acquire portions of private property owned by

James I. Compton and Virginia Smith as reflected in the deed recorded in the Buchanan

County Circuit Court Clerk’s Office at Deed Book 234, page 18; and to acquire a parcel

of property owned by James I. Penley and Patricia Gale Penley as reflected in the deed

recorded at Deed Book 204, page 016; and

WHEREAS, the Buchanan County, Va. Board of Supervisors has caused its County

Attorney to review Virginia Code section 1-219.1 to insure compliance with said Virginia

Code section 1-219.1 as required by Va. Code section 25.1-204(B); and

WHEREAS, Lawrence L. Moise III after having reviewed the aforesaid Virginia Code

Sections has reported that acquisition of the aforementioned property for pursuit of the

Rockwall Curve project is in compliance with Virginia Code section 1-219.1; and

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

Supervisors that based on the aforementioned report of its County Attorney it is hereby

certified that acquisition of the private property described herein for pursuit of the

Rockwall Curve Project is in compliance with the provisions and requirements of

Virginia Code section 1-219.1.

This resolution was adopted on the 9th day of September 2013.

Recorded Vote: ____________________________________

Moved by: William P. Harris G. Roger Rife, Chairman of the

Seconded by: Harold H. Fuller Buchanan County, Va. Board of Supervisors

Yeas: Seven

Nays: Zero ATTEST:

____________________________________


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10186

INRE: CONSIDER ADOPTING THE PROPOSED AMENDED

ORDINANCE FOR USE OF OFF-ROAD RECREATIONAL

VEHICLES ON PUBLIC ROADS ON AN EMERGENCY BASIC

AND SCHEDULE A PUBLIC HEARING FOR MONDAY,

OCTOBER 7TH, AT 3:15 P.M. TO HEAR PUBLIC COMMENTS

REGARDING THIS PROPOSED ORDINANCE


seconded by Craig Stiltner and with a roll call vote of seven (7) yeas, Earl Scott, William

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

Fuller and zero (0) nays, this board did hereby approve the following proposed Amended

Ordinance for use of off-road recreational vehicles on public roads on an emergency

basic and scheduled a public hearing for Monday, October 7th, at 3:15 p.m. to hear

public comments regarding this proposed ordinance:

Chapter 90 VEHICLES AND TRAFFIC

ARTICLE III

Use of "off-road recreational vehicles “on Public Roads

§ 90-7: Definitions

Section 90-8: Operation of off-road recreational vehicles on Public Roads

§ 90-7. Definitions

a) Off-road recreational vehicles—means a two-wheeled, three-wheeled or

four wheeled motor vehicle powered by a gasoline engine, diesel engine

or electric motor; and generally characterized by large, low pressure

tires; a seat designed to be straddled by the operator or a four wheeler

that includes a side by side seat; and handlebars or a steering wheel for

steering; that is intended for off-road use by either an individual

riders or multiple riders on various types of unpaved terrain. The term

does not include "go-carts", "utility vehicles" or "farm utility vehicle" as

those terms are defined in Va. Code section 46.2-100.

b) Public Roads—Any State or County maintained roads within the borders

of Buchanan County, Virginia.

c) Designated Public Roads—Roads designated by the Board of Supervisor

for use by off-road recreational vehicles pursuant to this ordinance. The

following road and/or sections of road are hereby designated for use by

off-road recreational vehicles:

Garden District

1) Wimmer's Gap Road—Rt. 635; extending for approximately 3.89 miles;

beginning at the intersection of Rt. 638 and Rt. 635 to the intersection of Rt. 639 and

Rt. 635.

2) Route 636 for 1.8 miles from the intersection of Route 638 and Route 636 (Chicken

Ridge) to the top of White Mountain on Route 636.

Prater District

1) Sunset Hollow Road—Rt. 604; extending 3.9 miles; beginning at the

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intersection of Rt. 83 and Rt. 604 to the intersection of Rt. 604 and

Southern Gap Road;

§90-8.Operation of off-road recreational vehicles on Public Roads; Permitted;

Restrictions and Conditions

A. Off-road recreational vehicles may be operated on designated public roads within the boundaries of Buchanan County, Virginia for any distance where the maximum speed limit is 25 mph or less; and on public roads for a distance of no more than five miles where the maximum speed limit is more than 25 mph. However such operation of off-road recreational vehicles on public roads shall be restricted and conditioned as follows:

1) The public roads must be posted with signs that warn motorist that off-road recreational vehicles may be operating on the road; said signs to be posted by the County and approved by the Virginia Department of Transportation; and

2) That off-road recreational vehicles shall only be operated on public roads during daylight hours; and

3) Off-road recreational vehicles, when operating on public roads obey all rules of the road applicable to other motor vehicles; and

4) Riders of such off-road recreational vehicles shall wear helmets of a type approved by the Superintendent of State Police; and

5) Operators of off-road recreational vehicles shall be licensed drivers 16 years or older; however, no person shall operate any off-road recreational vehicle as provided in this section if his driver's license, whether issued in the Commonwealth or in another jurisdiction, has been suspended or revoked.

6) Operators of off-road recreational vehicles that use designated public roads pursuant to this ordinance must first obtain a permit for such use from the Southwest Regional Recreation Authority and pay such fee for such permit as the Southwest Regional Recreation Authority provides.

7) All off-road recreation vehicles operating on public roads designated pursuant to this ordinance shall not exceed a maximum speed of 25 mph.

Upon adoption of this ordinance the County Administrator is directed to notify in writing the Virginia State Police and all law-enforcement agencies within Buchanan County of the Board of Supervisors' action in adopting this ordinance; a copy of this ordinance shall be included with such written notification; a copy of this ordinance shall be included with written notification. This ordinance shall not take effect to any designated road until all signs have been posted on such designated roads as required pursuant to subsection (A)(l) of this section.

This amended ordinance was adopted on the 9th day of September, 2013.

Moved by: Harold H. Fuller

Seconded by: Craig Stiltner

Yeas: Seven ____________________________________

Nays: Zero Chairman of the

Buchanan County Board of Supervisors

ATTEST:

_________________________________________


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10188

IN RE: CONSIDER APPROVING THE LEASE AGREEMENT BETWEEN

THE BUCHANAN COUNTY INDUSTRIAL DEVELOPMENT

AUTHORITY AND BUCHANAN COUNTY, VIRGINIA

REGARDING THE BUCHANAN COUNTY HEAD START

PROGRAM AND AUTHORIZE THE CHAIRMAN OF THE

BUCHANAN COUNTY BOARD OF SUPERVISORS AND

ROBERT CRAIG HORN, COUNTY ADMINISTRATOR FOR

BUCHANAN COUNTY, VIRGINIA TO EXECUTE SUCH

CONTRACT 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 J. Carroll Branham

seconded by Craig Stiltner and with a roll call vote of seven (7) yeas, Earl Scott, William

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

Fuller and zero (0) nays, this board did hereby approve the Lease Agreement between

The Buchanan County Industrial Development Authority and Buchanan County, Virginia

regarding the Buchanan County Head Start Program and authorized the Chairman of the

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

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

with the approval as to form by the County Attorney. A copy of this Lease Agreement is

located in the Buchanan County Administrator’s Office, 4th floor of the courthouse for

review.

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVING AN ADDITIONAL APPROPRIATION

IN THE AMOUNT OF $198.00 TO TOWN FINES AND INTEREST

ACCOUNT NUMBERS 92100-5839 AND 16010-0012 FOR

REVENUE AND EXPENDITURE FOR RECEIPTS RECEIVED

FROM THE COURT SYSTEM

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

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

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

zero (0) nays, this board did hereby approve an additional appropriation in the amount of

$198.00 to Town Fines and Interest account numbers 92100-5839 and 16010-0012 for

revenue and expenditure for receipts received from the court system.

―――――――――― 000 ――――――――――

10189

IN RE: CONSIDER ADOPTING THE RESOLUTION AND REVISED

CONTRACT FOR THE POLICY YEAR OCTOBER 1ST, 2013

THROUGH SEPTEMBER 30TH, 2014 REGARDING THE

BUCHANAN COUNTY CONSOLIDATED GROUP HEALTH AND

DENTAL INSURANCE POLICY BETWEEN BUCHANAN

COUNTY PUBLIC SERVICE AUTHORITY, SCHOOL BOARD,

DEPARTMENT OF SOCIAL SERVICES AND BOARD OF

SUPERVISORS AND AUTHORIZE THE CHAIRMAN OF THE

BUCHANAN COUNTY BOARD OF SUPERVISORS AND ROBERT

CRAIG HORN, COUNTY ADMINISTRATOR FOR BUCHANAN

COUNTY, VIRGINIA TO EXECUTE SUCH CONTRACT ON

BEHALF OF BUCHANAN COUNTY WITH THE APPROVAL AS

TO FORM BY THE COUNTY ATTORNEY


by Harold H. Fuller and with a roll call vote of seven (7) yeas, Earl Scott, William P.

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

and zero (0) nays, this board did hereby approve the following Resolution and Revised

Contract for the policy year October 1st, 2013 through September 30th, 2014 regarding the

Buchanan County Consolidated Group Health and Dental Insurance Policy between

Buchanan County Public Service Authority, School Board, Department of Social

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

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

County, Virginia to execute such contract on behalf of Buchanan County with the

approval as to form by the County Attorney:

RESOLUTION

RE: BUCHANAN COUNTY CONSOLIDATED GROUP HEALTH INSURANCE

POLICY

Includes Buchanan County Public Service Authority, Buchanan County Public

School Board, Buchanan County Board of Supervisors, and

Buchanan County Department of Social Services

THAT WHEREAS, Buchanan County, by Resolutions of the Buchanan County

Board of Supervisors(hereinafter referred to as Buchanan County), procured Acordia

Insurance Company, a licensed insurance agent, through the competitive negotiation

process set out in subdivision 3b of the definition of competitive negotiation in section

2.2-4301 of the 1950 Code of Virginia, as amended, to procure health insurance for its

employees during the three (3) year period extending from September 30, 2004, and

subject to cancellation by the Buchanan County Board of Supervisors; and

WHEREAS, in the fall of 2008 the County went through procurement for a

licensed insurance agent for the purpose of obtaining annual health and dental insurance

for the Consolidated Group during a four year period beginning with the year starting

October 01, 2009 and ending September 30, 2013; and

WHEREAS, Wells Fargo was awarded the contract to act as the licensed

insurance agent for the purpose of obtaining group health and dental insurance during the

four year period beginning October 01, 2009 and ending September 30, 2013; and

WHEREAS, Wells Fargo has negotiated a renewal of the Health Insurance for the

Consolidated Group with Anthem Blue Cross Blue Shield for partially self-insurance

which results in a rate increase of 6.0% for the policy period of October 01, 2013

through September 30, 2014; and

10190

WHEREAS, attached as Exhibit “A” and made a part of this resolution by

reference is the proposed Dental insurance coverage through Met Life for the

Consolidated Group for the policy period October 01, 2012 through September 30, 2014

(two years) which such coverage is optional for the employees of the Buchanan County

Public School Board; and

WHEREAS, the Buchanan County Department of Social Services has joined the

Consolidated Group effective February 1, 2011; and

NOW THEREFORE, BE IT RESOLVED by the Buchanan County Va. Board

of Supervisors, that the Buchanan County, Va. Board of Supervisors enter into an

Agreement with the Buchanan County Public School Board, the Buchanan County Public

Service Authority, the Buchanan County Department of Social Services, and Anthem

Blue Cross and Blue Shield having the following terms:

1)Anthem Blue Cross and Blue Shield shall provide group health insurance for all

of the employees of the Buchanan County Board of Supervisors, all of the employees of

the Buchanan County Public School Board, all of the employees of Buchanan County

Public Service Authority, and all of the employees of the Buchanan County Department

of Social Services. Such health insurance is to be provided as “partially self-insured”.

The benefits remain unchanged and the administration of the plan would still be handled

in the same manner as previously handled. The Consolidated Group would simply be

incurring some of the risk which Anthem assumed under the fully insured coverage. The

word "employee" shall be defined as set forth in the benefit books which are hereinafter

more fully described and which may be found herewith;

2) Anthem Blue Cross and Blue Shield shall provide Buchanan County's

employees with the same health insurance coverage which they now have, with the

additional provisions required pursuant to the Federal Health Reform legislation and said

same coverage is described in that benefit book which may be found herewith and is

made a part hereof by reference and which is entitled "Buchanan County Board of

Supervisors (KeyCare 100 Plan) Your Anthem Plan";

3) Anthem Blue Cross and Blue Shield shall provide the Buchanan County

Public School Board's employees with health insurance coverage which is the same as

Buchanan County Board of Supervisors as described above and which is further

described in that benefit book which may be found herewith and is made a part hereof by

reference and which is entitled "Buchanan County Public Schools (KeyCare 100)

Medical Plan";

4) Anthem Blue Cross and Blue Shield shall provide the Buchanan County Public

Service Authority employees with the same health insurance coverage which the

Buchanan County , Va. Board of Supervisors and the Buchanan County Public School

Board have as described above, and which is further described in that benefit book which

may be found herewith and is made a part hereof by reference and which is entitled "

Buchanan County Public Service Authority (KeyCare 100 Plan) Your Anthem Plan";


Department of Social Services employees with the same health insurance coverage which

the Buchanan County, Va. Board of Supervisors, the Buchanan County Public School

Board, and the Buchanan County Public Service Authority have as described above, and

which is further described in that benefit book which may be found herewith and is made

a part hereof by reference and which is entitled “Buchanan County Department of Social

Services (KeyCare 100 Plan) Your Anthem Plan”;

6) Buchanan County, the Buchanan County Public School Board, the Buchanan

County Public Service Authority and the Buchanan County Department of Social

Services shall each pay a monthly payment as set out below into a local bank account

from which administration and claims cost shall be remitted to Anthem on a monthly

basis.

10191

7) Buchanan County shall pay into a partially self-insured fund to be created, the

sum of Two Million Five Hundred Sixty-One Thousand Four Hundred Twenty-Two

Dollars and No Cents ($2,561,422.00) divided into twelve equal installment payments for

such coverage for the year October 1st, 2013, through September 30th, 2014, for the

employees as described in the County's renewal, the costs of such coverage shall be as

follows:

a) Per employee each month - $595.63;

b) Per employee and a child each month - $893.42

c) Per employee and spouse each month - $1,340.12;

d) Per family each month - $1,733.25;

e) When employees are either added or deleted from the numbers listed in the

renewal, adjustments shall be made to the amount of premium to be paid based upon the

foregoing rates listed in Paragraph 6 a), b), c) or d) above, with a carve out rate of

$571.82. Total premium calculated on enrollment as of June 30, 2013.

8) The Buchanan County Public School Board shall pay into a partially self-

insured fund to be created, the sum of Seven Million Three Hundred Thirty-Seven

Thousand Six Hundred Seventy-One Dollars and No Cents ($7,337,671.00) divided into

twelve equal installment payments for such coverage for the year October 1st, 2013,

through September 30th, 2014, for the employees as described in the School Board's

renewal, the costs of such coverage shall be as follows:


b) Per employee and one child each month - $893.42;



e) When employees are either added or deleted from the numbers listed in

the renewal, adjustments shall be made to the amount of premium to be

paid based upon the foregoing rates listed in Paragraph 7 a) or b) above,

with a carve out rate of $571.82. Total premium calculated on enrollment

as of June 30, 2013.

9) The Buchanan County Public Service Authority shall pay into a partially self-

insured fund to be created, the sum of Six Hundred Eighty-Seven Thousand Four

Hundred Thirty-Seven Dollars and No Cents ($687,437.00) divided into twelve equal

installment payments for such coverage for the year October 1st, 2013, through

September 30th, 2014, for the employees as described in the Public Service Authority’s







renewal, adjustments shall be made to the amount of premium to be paid based

upon the foregoing rates listed in Paragraph 8 a) b) c) or d) above, with a carve

out rate of $571.82. Total premium calculated on enrollment as of June 30, 2013.

10) The Buchanan County Department of Social Services shall pay into a partially

self-insured fund to be created, the sum of Eight Hundred Thirty-Three Thousand Three

Hundred Sixteen Dollars and No Cents ($833,316.00) divided into twelve equal


September 30th, 2014, for the employees as described in the Department of Social

Services’ renewal, the costs of such coverage shall be as follows:

a) Per employee each month _ $595.63;

b) Per employee and one child each month _ $ 893.42;

c) Per employee and spouse each month _ $ 1,340.12;

d) Per family each month _ $ 1,733.25;


10192


upon the forgoing rates listed in Paragraph 9 a) b) c) or d) above, with a carve


11) The premium payments shall be made in twelve (12) monthly payments into a

“Partially Self-Insured Fund” to be established with a local bank or a separate “Partially

Self-Insured Fund” with the Office of the Treasurer of Buchanan County, Va. From the

“Partially Self-Insured Fund” monthly payments shall be made to Anthem for

administrative and claims costs incurred.

12) The Buchanan County, Va., Board of Supervisors, the Buchanan County

Public School Board, the Buchanan County Department of Social Services and the

Buchanan County Public Service Authority may select their own individual agent of

record which may or may not be the same agent of record as selected by the others,

subject to compliance with the Virginia Public Procurement Act.

13) This Agreement shall be restricted solely to health insurance for the upcoming

year and is not to be construed to obligate the County, PSA, Department of Social

Services or the School Board to enter into joint contracts for other goods or services.

14) If at any time it is no longer advantageous for the County, PSA, Department

of Social Services or the School Board, or if any of them desires for any reason, any of

them can elect to terminate such Agreement at any time subject only to fulfilling any

contractual obligations that may exist pursuant to such Agreement.

15) Attached as Exhibit “A” and made a part of this resolution by reference is the

proposed Dental Insurance coverage for the Consolidated Group through MetLife for the

policy period of October 01, 2012 through September 30, 2014 ( two years); said

coverage to be optional for the employees of the Buchanan County Public School Board.

16) Such Agreement shall be subject to the approval of the County Attorney as to

form.

BE IT FURTHER RESOLVED that the Chairman of the Buchanan County Va.

Board of Supervisors and the County Administrator of the Buchanan County are hereby

authorized to execute such Agreement on behalf of Buchanan County Va. Board of

Supervisors.

This Reso1ution was adopted by the Buchanan County Va. Board of Supervisors

on this the 9th day of September 2013.

____________________________________

G. Roger Rife, Chairman of the Buchanan

County Va. Board of Supervisors

Recorded Vote:

Moved by: Craig Stiltner

Seconded by: Harold H. Fuller

Yeas: Seven

Nays: Zero

ATTEST:

__________________________________


10193

CONTRACT

RE: BUCHANAN COUNTY CONSOLIDATED

GROUP HEALTH INSURANCE POLICY

(Includes Buchanan County Public Service Authority, Buchanan

County Public School Board, and Buchanan County Board of Supervisors and

the Department of Social Services)

THIS contract (“the contract”) made and entered into this day ______of

___________2013, by and between, the Buchanan County, Va., Board of Supervisors,

the Buchanan County Public School Board, the Buchanan County Public Service

Authority Board, political subdivisions of the Commonwealth of Virginia, and the

Department of Social Services of Buchanan County, to wit:

THAT WHEREAS, Buchanan County, by Resolutions of the Buchanan County

Board of Supervisors(hereinafter referred to as Buchanan County), procured Acordia

Insurance Company, a licensed insurance agent, through the competitive negotiation

process set out in subdivision 3b of the definition of competitive negotiation in section

2.2-4301 of the 1950 Code of Virginia, as amended, to procure health insurance for its

employees during the three (3) year period extending from September 30, 2004, and

subject to cancellation by the Buchanan County Board of Supervisors; and

WHEREAS, Buchanan County also requested in such procurement process that

its agent assist it in obtaining group insurance for a group consisting of the employees of

Buchanan County and the employees of the Buchanan County Public School Board; and

WHEREAS, Acordia assisted through the procurement process in obtaining

group health insurance coverage through Anthem Blue Cross and Blue Shield for

Buchanan County and the Buchanan County Public School Board; and

WHEREAS, the Buchanan County Public School Board and Buchanan County

maintained a joint group health insurance policy with Anthem Blue Cross and Blue

Shield for the period of October 01, 2004 through September 30, 2005; and

WHEREAS, for the policy period of October 01, 2005 through September 30,

2006, the Buchanan County Public Service Authority joined the Buchanan County Public

School Board, and Buchanan County to form a Consolidated Group for the purpose to

have their employees be insured as a group for health insurance purposes; and

WHEREAS, for the policy period of October 01, 2005 through September 30,

2006, the Buchanan County Public School Board, Buchanan County, and the Buchanan

County Public Service Authority, as a consolidated group, maintained a group health

insurance policy with Anthem Blue Cross and Blue Shield in which Anthem Blue Cross

and Blue Shield provided the Buchanan County Public School Board and Buchanan

County with group health insurance benefits under the Plan known as KeyCare 100; and

Anthem Blue Cross and Blue Shield provided group health insurance benefits to the

Buchanan County Public Service Authority under the Plan known as KeyCare 10; and

WHEREAS, the Buchanan County Public School Board, Buchanan County, and

the Buchanan County Public Service Authority maintained such insurance (Key Care 100

coverage for all three entities) with Anthem Blue Cross and Blue Shield as a

consolidated group for the policy period of October 01, 2006 through September 30,

2007 and for the policy period of October 01, 2007 through September 30, 2008; and

WHEREAS, the Buchanan County Public School Board, Buchanan County, and

the Buchanan County Public Service Authority for the policy period October 01, 2008

through September 30, 2009 desired to maintain such insurance (Key Care 100 coverage

for all three entities) with Anthem Blue Cross and Blue Shield with the only change in

benefits being a change in the drug benefit to $10/$30/$50—20%; and

10194

WHEREAS, in the Fall of 2008 the County went through the procurement

process for the selection of a licensed insurance agent for obtaining Health and Dental

Insurance for the Consolidated Group and Wells Fargo, was selected to provide such

services to cover a four annual policy periods beginning October 01, 2009 and ending

September 30, 2013; and

WHEREAS, the Buchanan County, Va., Board of Supervisors , the Buchanan

County Public School Board and the Buchanan County Public Service Authority, each

desire the option to select its own Agent of Record whether or not it be the same Agent of

Record as selected by the others; and

WHEREAS, Wells Fargo negotiated a renewal of health insurance coverage with

Anthem Blue Cross/ Blue Shield for the policy period of October 01, 2011 through

September 30, 2012 for the same coverage as the previous year with the exception for

some additional coverage requirement mandated by the new federal health care reform

legislation; and

WHEREAS, attached to this contract as Exhibit “A” and made part thereof by

reference is the proposed Dental insurance through MetLife for the Consolidated Group

for the policy period of October 01, 2012 through September 30, 2014 (two years), with

said coverage being optional for the employees of the Buchanan County Public School

Board; and

WHEREAS, the Department of Social Services of Buchanan County, Va. has

been added to the Consolidated Group with an effective date of February 1, 2011; and


Anthem Blue Cross/Blue Shield for the policy Period of October 01, 2011 through

September 30, 2012 for the same coverage as the previous year with the exception for

some additional coverage requirement mandated by the new federal health care reform

legislation; and


Anthem Blue Cross/Blue Shield for the policy Period of October 01, 2012 through

September 30, 2013 for the same coverage as the previous year, with the one change that

the coverage will be provided as “partially self-insured” instead of “fully insured; and

WHEREAS, the only distinction in the provision of health care coverage as

“partially-self insured” as opposed to “fully insured” is that the Consolidated Group will

assume some degree of risk that Anthem would have otherwise assumed under a “fully

Insured” plan; and

WHEREAS, Wells Fargo has negotiated a renewal of health insurance coverage

with Anthem Blue Cross/Blue Shield for the policy Period of October 01, 2013 through

September 30, 2014 for the same coverage as the previous year, with the coverage being

provided as “partially self-insured” as provided in the previous year; and

NOW THEREFORE, the Buchanan County, Va., Board of Supervisors

(Buchanan County), the Buchanan County School Board, the Buchanan County Public

Service Authority, and the Department of Social Services of Buchanan County, agree to

the following terms:

1) Anthem Blue Cross and Blue Shield shall provide group health insurance on a

partially self-insured basis for all of the employees of the Buchanan County Board of

Supervisors, all of the employees of the Buchanan County Public School Board, all of the

employees of Buchanan County Public Service Authority and for all of the employees of

the Department of Social Services of Buchanan County. The word "employee" shall be

defined as set forth in the benefit books which are hereinafter more fully described and

which may be found herewith;

10195

2) Anthem Blue Cross and Blue Shield shall provide Buchanan County's

employees with the same health insurance coverage which they now have, except for

some additional coverage mandated by the new federal health care reform legislation and

which is described in that benefit book which may found herewith and is made a part

hereof by reference and which is entitled "Buchanan County Board of Supervisors

( KeyCare 100 Plan)Your Anthem Plan";


School Board's employees with health insurance coverage which is the same as Buchanan

County Board of Supervisors as described above and which is further described in that

benefit book which may found herewith and is made a part hereof by reference and which

is entitled "Buchanan County Public Schools (KeyCare 100) Medical Plan";


Service Authority employees with the same health insurance coverage which will be

provided to the Buchanan County Public School Board and Buchanan County, as

described above and which is further described in that benefit book which may found

herewith and is made a part hereof by reference and which is entitled " Buchanan County

Public Service Authority ( KeyCare 100) Plan Your Anthem Plan";


Department of Social Services employees with the same health insurance coverage which

will be provided to the Buchanan County Public School Board, to the Buchanan County

Public Service Authority and to Buchanan County, with an effective date of October 1,

2011as it applies to the Department of Social Services;

6) Buchanan County shall pay into a partially self-insured fund to be created, the

sum of Two Million Five Hundred Sixty-One Thousand Four Hundred Twenty-two

Dollars and No Cents ($2,561,422.00) divided into twelve equal installment payments for

such coverage for the year October 1st, 2013, through September 30th, 2014, for the

employees as described in the County's renewal, the costs of such coverage shall be as

follows:


b) Per employee and a child each month - $893.42;




renewal, adjustments shall be made to the amount of premium to be paid based upon the

foregoing rates listed in Paragraph 6 a), b), c) or d) above, with a carve out rate of

$571.82. Total premium calculated on enrollment as of June 30, 2013.

7) Buchanan County Public School Board shall pay into a partially self-insured

fund to be created, the sum of Seven Million Three Hundred Thirty-Seven Thousand Six

Hundred Seventy-One Dollars and No Cents ($7,337,671.00) divided into twelve equal


September 30th, 2014, for the employees as described in the School Board's renewal, the

costs of such coverage shall be as follows:


b) Per employee and one child each month - $893.42

c) Per employee and spouse each month - $1,340.12

d) Per family each month - $ 1,733.25;

e) When employees are either added or deleted from the numbers listed in

the renewal, adjustments shall be made to the amount of premium to be

paid based upon the foregoing rates listed in Paragraph 7 a) or b) above,

with a carve out rate of $571.82. Total premium calculated on enrollment

as of June 30, 2013.

10196

8) Buchanan County Public Service Authority shall pay into a partially self-

insured fund to be created, the sum of Six Hundred Eighty-Seven Thousand Four

Hundred Thirty-Seven Dollars and Ninety-Six Cents ($687,437.00) divided into twelve

equal installment payments for such coverage for the year October 1st, 2013, through

September 30th, 2014, for the employees as described in the Public Service Authority’s








upon the foregoing rates listed in Paragraph 8 a) b) c) or d) above, with a carve


9) Buchanan County Department of Social Services shall pay into partially self-

insured fund to be created, the sum of Eight Hundred Thirty-Three Thousand Three

Hundred Sixteen Dollars and No Cents ($833,316.00) divided into twelve equal

installment payments for such coverage for the year October 1st, 2013 through September

30th, 2014, for the employees as described in the Public Service Authority’s renewal, the

costs of such coverage shall be as follows:







upon the foregoing rates listed in Paragraph 7a) b) c) or d) above, with a carve


10) The premium payments shall be made in twelve (12) monthly payments into a

“Fund” to be established at a local bank or a separate fund with the Office of the

Treasurer of Buchanan County, Va. From the “Fund” monthly payments will be made to

Anthem for administrative and claim costs incurred.

11) This Agreement shall not be construed to obligate the County, PSA, the

School Board or the Department of Social Services to enter into joint contracts for other

goods or services.

12) The Buchanan County, Va., Board of Supervisors, the Buchanan County

Public School Board, the Buchanan County Public Service Authority and the Buchanan

County Department of Social Services may select its own individual Agent of Record

which may or may not be the same Agent of Record as selected by the others, subject to

compliance with the Virginia Public Procurement Act.

13) This Agreement shall be restricted solely to health insurance for the upcoming

year and is not to be construed to obligate the County, PSA, Department of Social

Services or the School Board to enter into joint contracts for other goods or services.

14) If at any time it is no longer advantageous for the County, PSA, the School

Board or the Department of Social Services, or if any of them desires for any reason, any

of them can elect to terminate this Agreement at any time subject only to fulfilling any

contractual obligations that may exist at the time of termination pursuant to this

Agreement.

15) Attached as Exhibit “A” and made a part of this contract by reference is the

proposed Dental insurance coverage through MetLife for the Consolidated Group for the

policy period October 01, 2012 through September 30, 2014 (two years), with said

10197

coverage being optional for the employees of the Buchanan County Public School Board.

16) The County Attorney, by his execution of this contract approves of its form.

IN WITNESS WHEREOF, the parties have executed this contract in their

appropriate capacities the day and year first above written

______________________________________

G. Roger Rife, Chairman

Buchanan County, Va. Board of Supervisors

______________________________________


Buchanan County, Virginia

____________________________________

_____________, Chairman, Buchanan County

Public School Board

____________________________________

Larry Ashby, Division Superintendent

Buchanan County Public School Board

______________________________________

___________, Clerk of the Buchanan County

Public School Board

_____________________________________

_______________, Chairman,

Buchanan County

Public Service Authority Board

______________________________________

Darrell Cantrell, Executive Director,

Buchanan County Public Service Authority

_______________________________________

Randall Deel, Chairman, Administrative Board


________________________________________

Christopher Austin, Director


APPROVED AS TO FORM ONLY:

____________________________

Lawrence L. Moise, III, Esq.,

County Attorney for

Buchanan County, Va.

―――――――――― 000 ――――――――――

10198

IN RE: CONSIDER ADOPTING THE RESOLUTION REGARDING THE

BUCHANAN COUNTY EMERGENCY OPERATIONS PLAN AS

REVISED ON SEPTEMBER 9TH, 2013

Rickey Bailey, E-911 Coordinator stated the Buchanan County Emergency

Operations Plan (EOP) has been updated for the board of supervisor’s approval. The

county is required to update the EOP every four (4) years.


J. Carroll Branham and with a roll call vote of seven (7) yeas, Trey Adkins, Earl Scott,

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

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

Buchanan County Emergency Operations Plan as revised on September 9th, 2013:

RESOLUTION

WHEREAS, the Board of Supervisors of Buchanan County, Virginia recognizes

the need to prepare for, respond to, and recover from natural and man-made disasters; and

WHEREAS, Buchanan County has a responsibility to provide for the safety and

well being of its citizens and visitors; and

WHEREAS, Buchanan County has established and appointed a Director and

Coordinator of Emergency Services.

NOW, THEREFORE, BE IT HEREBY PROCLAIMED, by the Board of

Supervisors of Buchanan County, Virginia that this Emergency Operations Plan as

revised September 2013 is officially adopted; and

IT IS FURTHER PROCLAIMED AND ORDERED, that the Director of

Emergency Services, or his/her designees, are tasked and authorized to maintain and

revise as necessary this document over the next five year period or until such time it be

ordered to come before this Board.

This Resolution was adopted on the 9th day of September 2013 by the Buchanan

County Board of Supervisors.

Recorded Vote: ____________________________________

Moved by: Trey Adkins G. Roger Rife, Chairman of the

Seconded by: J. Carroll Branham Buchanan County, Va. Board of Supervisors

Yeas: Seven

Nays: Zero

ATTEST: ________________________________

Robert Craig Horn, Clerk and


Buchanan County,

Commonwealth of Virginia

―――――――――― 000 ――――――――――

IN RE: GENERAL DISCUSSION REGARDING THE EMERGENCY

SERVICES NOTIFICATION

Craig Stiltner, Rocklick District suggested advertising in the local newspapers

requesting county residents to call the E-911 Office to sign up for the one-call system

10199

that’s been implemented.

Rickey Bailey, E-911 Coordinator stated it has been advertised for two (2) weeks

in the local newspapers already, but we’ll do it again.

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVING A CONTRIBUTION TO KNOX CREEK

VOLUNTEER FIRE DEPARTMENT EARMARKED FOR THE ST.

JUDE TRIKE-A-THON

Diane Vance, St. Jude Coordinator for Buchanan County requested a contribution

to assist with the Hurley Community St. Jude Fundraiser scheduled for October 12th,

2013 at the Hurley Park. The contribution would be used to purchase food, drinks, games

and inflatables for the kids.

Ms. Vance stated as of today we have raised $1,700.00 and we still need a total of

$2,450.00 for the event.


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

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

Fuller and zero (0) nays, this board did hereby approve a contribution in the amount of

$1,400.00 to the Knox District Volunteer Fire Department for operational expenses to be

divided equally among the seven (7) district park and development accounts:



Rocklick District

Prater District

Hurricane District

Garden District

Knox District

―――――――――― 000 ――――――――――

IN RE: MICHAEL MCGLOTHLIN - CONSIDER ADOPTING A

RESOLUTION OF SUPPORT FOR A JOINT BUCHANAN

COUNTY, VIRGINIA AND APPALACHIAN COLLEGE OF

PHARMACY APPLICATION FOR A VIRGINIA DEPARTMENT

OF HOUSING AND COMMUNITY DEVELOPMENT

INDUSTRIAL REVITALIZATION GRANT TO REVITALIZE THE

MINE SUPPLY PROPERTY LOCATED AT OAKWOOD,

VIRGINIA

Michael McGlothlin, President of the Appalachian College of Pharmacy (ACP)

requested the board to adopt a Resolution supporting the application to the Virginia

Department of Housing and Community Development (VDHCD) Industrial

Revitalization Grant. He stated this grant is needed to revitalize the highly visible and

10200

tired former mine supply property located at Oakwood, Virginia.

The pharmacy school is doing well at this time, stated Mr. McGlothlin. The

college currently supports around fifty (50) full-time positions and several additional

part-time workers. A total of 229 students are currently enrolled at the college, he stated.

“We wish to expand some of our facilities.”

Mr. McGlothlin stated the state intends to award around $2 million in grant funds

through the VDHCD, with maximum grant per entity capped at $600,000.00. ACP will

not be requesting any matching funds from the board of supervisors, he commented. We

just need support from the board of supervisors for this project and grant.

I’ve contacted the VDHCD and this grant will not affect any Community

Development Block Grants (CDBG) the county would receive, stated Mr. McGlothlin. “I

would greatly appreciate the support for this application for the ACP.”

At this time, no action was taken.

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVING AN AGREEMENT BETWEEN THE

BUCHANAN COUNTY DEPARTMENT OF SOCIAL SERVICES

AND BUCHANAN COUNTY TO PROVIDE WORK EXPERIENCE

AND/OR TRAINING TO PARTICIPANTS OF THE VIRGINIA

INITIATIVE FOR EMPLOYMENT NOT WELFARE PROGRAM

(VIEW)


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


and zero (0) nays, this board did hereby approve the Agreement between the Buchanan

County Department of Social Services and Buchanan County to provide work experience

and/or training to participants of the Virginia Initiative for Employment not Welfare

Program (VIEW).

―――――――――― 000 ――――――――――

IN RE: CONSIDER ADOPTING A RESOLUTION SUPPORTING THE

DISPLAY OF THE NATIONAL MOTTO “IN GOD WE TRUST”

FOR PLACEMENT IN THE BUCHANAN COUNTY

ADMINISTRATOR’S OFFICE AND OTHER PROMINENT

LOCATIONS IN THE BUCHANAN COUNTY COURTHOUSE


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

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

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

supporting the display of the National Motto “In God We Trust” for placement in the

Buchanan County Administrator’s Office and other prominent locations in the Buchanan

County Courthouse:

10201

COUNTY OF BUCHANAN, VIRGINIA

RESOLUTION

IN GOD WE TRUST

A RESOLUTION OF THE COUNTY OF BUCHANAN, IN THESTATE OF

VIRGINIA, SUPPORTING THE DISPLAY OF THE NATIONAL MOTTO "IN

GOD WE TRUST" FOR PLACEMENT IN THE BUCHANAN COUNTY

ADMINISTRATIVE OFFICE AND OTHER PROMINENT LOCATIONS IN THE

BUCHANAN COUNTY COURTHOUSE.

WHEREAS, “In God We Trust" became the United States national motto on

July 30, 1956, shortly after our nation led the world through the trauma of World

War II; and

WHEREAS, the words have been used on U.S. currency since 1864; and

WHEREAS, the same inspiring slogan is engraved above the entrance to the

Senate Chamber as well as above the Speaker's dais in the House of

Representatives; and

WHEREAS, in both war and peace, these words have been a profound source of

strength hand guidance to many generations of Americans; and

WHEREAS, the City desires to display this patriotic motto in the Council

Chambers as a way to solemnize public occasions and express confidence in our

society.

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

Supervisors does hereby resolve as follows:

Section 1. That the Buchanan County Board of Supervisors of Buchanan County,

Virginia, does hereby determine that the historic and patriotic words of our national

motto, “In God We Trust,” shall be permanently and prominently displayed in the County

Administrator’s Office and other

prominent places in the Buchanan County, Virginia Courthouse .

Section 2.The County Administrator shall certify to the passage and adoption of this

resolution and entered into the Board of Supervisors minute books.

PASSED, APPROVED AND ADOPTED at a regular meeting of the Buchanan County

Board of Supervisors of Buchanan County, Virginia, held on the 9th day of September,

2013.

Recorded Vote: ____________________________________

Moved by: Harold H. Fuller G. Roger Rife, Chairman of the

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

Yeas: Seven

Nays: Zero

ATTEST: ________________________________

Robert Craig Horn, Clerk and


Buchanan County, Virginia

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVING ADDITIONAL APPROPRIATIONS


Harold H. Fuller with a roll call vote of seven (7) yeas ,Trey Adkins, Earl Scott, William

P. Harris, G. Roger Rife, Craig Stiltner, J. Carroll Branham, Harold H. Fuller and zero (0)

nays, this board did hereby approve the following additional appropriations:

10202

Additional appropriation to Garden District Park and Recreation, account

number 71040-5604-01 in the amount of $200.00;


number 71040-5604-01 in the amount of $1,100.00;




number 71040-5604-01 in the amount of $1,200.00;

Additional appropriation to Hurricane District Park and Recreation,

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

$1,733.20;

Additional appropriation to General Properties, (electric service) account

number 43020-5110 in the amount of $2,791.26;

Additional appropriation to Rowe Community Center, account number

53050-5604-02 in the amount of $325.00;

Additional appropriation to Fair, account number 72010-5604 in the

amount of $2,343.00;

Additional appropriation to Fair, account number 72010-5604 in the

amount of $775.00;

Additional appropriation to Poplar Gap Athletic Field, (supplies) account


Additional appropriation to Sheriff’s Office, (crime prevention) account


Additional appropriation to Sheriff’s Office, (extrad. of prisoners) account

number 31020-5550 in the amount of $46.75;

Additional appropriation to Sheriff’s Office, (extrad. of prisoners) account


Additional appropriation to Sheriff’s Office, (office supplies) account


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


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


Additional appropriation to Circuit Court Clerk’s Office, (copy paper etc.)

account number 21060-3320 in the amount of $319.76;

Additional appropriation to Circuit Court Clerk’s Office, (telephone)

account number 21060-5230 in the amount of $72.82.

―――――――――― 000 ――――――――――

10203

IN RE: CONSIDER APPROVING THE VENDOR SERVICE

AGREEMENT FOR COCHRAN’S MASONRY OF GRUNDY, INC.


by J. Carroll Branham with a roll call vote of seven (7) yeas, Trey Adkins, Earl Scott,


and zero (0) nays, this board did hereby approve the Vendor Service Agreement for

Cochran’s Masonry of Grundy, Inc.

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVING TO ISSUE A CHECK FOR COYOTE

CLAIMS


seconded by Trey Adkins with a roll call vote of six (6) yeas, Trey Adkins, Earl Scott,

William P. Harris, Craig Stiltner, J. Carroll Branham, Harold H. Fuller, zero (0) nays and

one (1) abstention, G. Roger Rife, this board did hereby approve to issue a check for the

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

Charles Compton

Greg Rife

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPOINTMENT TO THE BUCHANAN GENERAL

HOSPITAL BOARD OF DIRECTORS FOR THE HURRICANE

MAGISTERIAL DISTRICT TO FILL THE UNEXPIRED TERM

OF MRS. ANGELA JOHNSON

This issue was tabled, no action taken.

―――――――――― 000 ――――――――――

IN RE: CONSIDER ACCEPTING THE RESIGNATION FROM MRS.

ANGELA JOHNSON, REPRESENTATIVE FOR THE

HURRICANE MAGISTERIAL DISTRICT OF BUCHANAN

COUNTY ON THE BUCHANAN GENERAL HOSPITAL BOARD

OF DIRECTORS EFFECTIVE AUGUST 7TH, 2013


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

Earl Scott, William P. Harris, Craig Stiltner, J. Carroll Branham, Harold H. Fuller, G.

Roger Rife and zero (0) nays, this board did hereby approve to accept the resignation

from Mrs. Angela Johnson, representative for the Hurricane Magisterial District of

Buchanan County on the Buchanan General Hospital Board of Directors effective August

7th, 2013.

―――――――――― 000 ――――――――――

10204

IN RE: CONSIDER ADOPTING THE FY 2014 PERFORMANCE

CONTRACT FOR CUMBERLAND MOUNTAIN COMMUNITY

SERVICES


seconded by Craig Stiltner and with a roll call vote of seven (7) yeas, Trey Adkins, Earl

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

Rife and zero (0) nays, this board did hereby approve the FY 2014 Performance Contract

from Cumberland Mountain Community Services as submitted to the Department of

Behavioral Health. A copy of this contract is located in the Buchanan County

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

―――――――――― 000 ――――――――――

IN RE: CONSIDER ADOPTING THE RESOLUTION REGARDING THE

CUMBERLAND PLATEAU HAZARD MITIGATION UPDATE

PLAN FOR BUCHANAN COUNTY




Rife and zero (0) nays, this board did hereby adopt the following Resolution regarding

the Cumberland Plateau Hazard Mitigation Update Plan for Buchanan County:

RESOLUTION

WHEREAS, the Disaster Mitigation Act of 2000, as amended, requires that local

governments develop and adopt natural hazard mitigation plans in order to receive

Hazard Mitigation Grant Program (HMGP) project grants and certain other forms of non-

emergency disaster assistance, and

WHEREAS, a Mitigation Advisory Committee ("MAC") comprised of

representatives from all jurisdictions within the Cumberland Plateau Planning District

was convened in order to stud Buchanan County’s risk form and vulnerabilities o natural

hazards, and to make recommendations on mitigating the effects of such hazards on

Buchanan County; and

WHEREAS, the efforts of the MAC members in consultation with members of

public, private and non-profit sectors, have resulted in the development of a Hazard

Mitigation Plan Update for the Cumberland Plateau Planning District communities

including Buchanan County.

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

Supervisors that the Cumberland Plateau Planning District Commission Hazard

Mitigation Plan dated May 2013 is hereby approved and adopted for the Buchanan

County. A copy of the plan is attached to this resolution by reference.

ADOPTED by the Buchanan County Board of Supervisors this 9th day of

10205

September, 2013.

APPROVED:

____________________________________

G. Roger Rife, Chairman of the

Buchanan County Board of Supervisors ATTEST:

__________________________________________

Robert Craig Horn, County Administrator and Clerk

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVING TO ISSUE PAYMENT IN THE

AMOUNT OF $2,060.00 TO J. A. STREET & ASSOCIATES, INC.

FOR REPAIRS TO THE BUCHANAN COUNTY COURTHOUSE

BELL TOWER


seconded by J. Carroll Branham and with a roll call vote of seven (7) yeas, Trey Adkins,

Earl Scott, William P. Harris, Craig Stiltner, J. Carroll Branham, Harold H. Fuller, G.

Roger Rife and zero (0) nays, this board did hereby approve to issue payment in the

amount of $2,060.00 to J. A. Street & Associates, Inc. for repairs to the Buchanan County

Courthouse Bell Tower to be paid from General Properties.

―――――――――― 000 ――――――――――

IN RE: CONSIDER ADOPTING A RESOLUTION OF SUPPORT FOR A

JOINT BUCHANAN COUNTY, VIRGINIA AND APPALACHIAN

COLLEGE OF PHARMACY APPLICATION FOR A VIRGINIA

DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT INDUSTRIAL REVITALIZATION GRANT TO

REVITALIZE THE MINE SUPPLY PROPERTY LOCATED AT

OAKWOOD, VIRGINIA

Robert Craig Horn, County Administrator stated Michael McGlothlin, President

of the Appalachian College of Pharmacy (ACP) previously requested the board to adopt a

Resolution supporting the application to the Virginia Department of Housing and

Community Development (VDHCD) Industrial Revitalization Grant. Mr. McGlothlin

contacted the VDHCD who stated this grant that ACP wanted to apply for wouldn’t

compete with any of the block grants the county applies. The county wouldn’t be the

physical agent for the grant funding, he stated. The ACP would be responsible party for

the grant.




Rife and zero (0) nays, this board did hereby adopt the following Resolution of support

for an Appalachian College Of Pharmacy application for a Virginia Department of

10206

Housing and Community Development Industrial Revitalization Grant to revitalize the

mine supply property located at Oakwood, Virginia:

RESOLUTION OF SUPPORT FOR A JOINT BUCHANAN COUNTY,

VIRGINIA, AND APPALACHIAN COLLEGE OF PHARMACY APPLICATION

FOR A VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT INDUSTRIAL REVITALIZATION GRANT TO REVITALIZE

THE MINE SUPPLY PROPERTY LOCATED AT OAKWOOD, VIRGINIA.

THAT WHEREAS, the Buchanan County Board of Supervisors desires to

support the Application of Appalachian College of Pharmacy for a Virginia Department

of Housing and Community Development Industrial Revitalization Grant in recognition

of the desire and need to revitalize the highly visible and tired former mine supply

property located at 11237 Riverside Drive, Oakwood, Virginia, into a mixed use facility

for the Appalachian College of Pharmacy which will include space for educational,

research, housing, storage, or other purposes; and,

WHEREAS, the Buchanan County Board of Supervisors recognizes that the

redevelopment of the mine supply property will represent a major redevelopment of the

commercial section of Oakwood, Virginia, and that this facility will be greatly enhanced

through a private/public partnership with the assistance of the Industrial Revitalization

fund in the form of a grant that will be made to the Appalachian College of Pharmacy,

which shall provide funds to match the grant.

NOW THEREFORE, BE IT RESOLVED that the Board of Supervisors of

Buchanan County, Virginia, supports such application for a grant from the Virginia

Department of Housing and Community Development Industrial Revitalization Fund;

and,

BE IT FURTHER RESOLVED that the Board of Supervisors of Buchanan

County, Virginia supports this project and that matching funds will be provided by the

Appalachian College of Pharmacy, the developer of the project; and,

The undersigned Chairman and Clerk of the Board of Supervisors of Buchanan

County, Virginia, certify that the foregoing constitutes a true and correct extract from the

minutes of a regular meeting of the Board of Supervisors of Buchanan County, Virginia,

held on the 9th day of September, 2013. WITNESS my signature and the seal of the

Board of Supervisors of Buchanan County, Virginia, this the 9th day of September, 2013.

____________________________________


___________________________________

Robert Craig Horn, Clerk

―――――――――― 000 ――――――――――

10207

IN RE: CONSIDER APPROVING A $2,000.00 CONTRIBUTION TO THE

KNOX CREEK VOLUNTEER FIRE DEPARTMENT REGARDING

OPERATIONAL EXPENSES


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

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

and zero (0) nays, this board did hereby approve a $2,000.00 contribution to the Knox

Creek Volunteer Fire Department regarding operational expenses to be paid from the

Knox District Park and Recreation account number 71040-5604-03.

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVING THE LIST OF STUDENTS

AS RECIPIENTS OF THE BUCHANAN COUNTY BOARD OF

SUPERVISORS SCHOLARSHIP AWARD FOR THE 2013-2014

ACADEMIC YEAR FOR THE APPALACHIAN COLLEGE OF

PHARMACY




Rife and zero (0) nays, this board did hereby approve the following list of students as

recipients of the Buchanan County Board of Supervisors Scholarship award for the 2013-

2014 academic year:

P3- Third Year Students

Randall Cole Vansant, Virginia $4,666.00

Sarah Davis Vansant, Virginia $4,666.00 Shane Viars Raven, Virginia $4,666.00

Charles B. Woods Vansant, Virginia $4,666.00

P2- Second Year Students

Christopher Cook Hurley, Virginia $4,666.00

Jeffrey Gilbert Davenport, Virginia $4,666.00 Brittany Hagy Vansant, Virginia $4,666.00

Billy Hibbitts Grundy, Virginia $4,666.00

Matthew Justus Hurley, Virginia $4,666.00 Sarah Justus Hurley, Virginia $4,666.00

Jason Looney Vansant, Virginia $4,666.00

Veronica Smith Mavisdale, Virginia $4,666.00

P1- First Year Students

Whitney Horn Raven, Virginia $4,666.00 Joshua Lindsay Vansant, Virginia $4,666.00

Megan Mathis Honaker, Virginia $4,666.00

―――――――――― 000 ――――――――――

IN RE: CONSIDER RATIFYING PART-TIME EMPLOYEES


Craig Stiltner and with a roll call vote of seven (7) yeas, Trey Adkins, Earl Scott, William

10208

P. Harris, Craig Stiltner, J. Carroll Branham, Harold H. Fuller, G. Roger Rife and zero (0)

nays, this board did hereby ratify the following part-time employees:

Matthew E. Horn

Shannon Moles

Gregory Stacy

Phillip Mounts

Adam Quinley

Jonathan Keen

Trevor Harris

Tyler McClanahan

Lenzie Blankenship

Nicati Stump

Morgan Presley

Jordan Tyler McCoy

Anthony Scott

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVING THE INSTALLATION OF SIX (6) DUSK

TO DAWN LIGHTS AT THE SOUTHERN GAP RACETRACK


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


and zero (0) nays, this board did hereby approve the installation of six (6) dusk to dawn

lights at the Southern Gap Racetrack.

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVING THE INSTALLATION OF THREE (3)

DUSK TO DAWN LIGHTS FOR THE BULL CREEK TRAIL

LOCATED AT HARMAN


by J. Carroll Branham and with a roll call vote of seven (7) yeas, Trey Adkins, Earl Scott,


and zero (0) nays, this board did hereby approve the installation of three (3) dusk to dawn

lights for the Bull Creek Trail located at Harman, Va.

―――――――――― 000 ――――――――――

10209

IN RE: CONSIDER APPROVING A CONTRACT BETWEEN K & K

INSURANCE AGENCY AND BUCHANAN COUNTY FOR

INSURANCE FOR THE UPCOMING DEMOLITION DERBY TO

BE HELD SEPTEMBER 21ST AT THE SOUTHERN GAP

RACETRACK AND AUTHORIZE THE CHAIRMAN OF THE

BUCHANAN COUNTY BOARD OF SUPERVISORS AND



CONTRACT ON BEHALF OF BUCHANAN COUNTY WITH THE





and zero (0) nays, this board did hereby approve the Contract between K & K Insurance

Agency and Buchanan County for insurance for the upcoming Demolition Derby to be

held September 21st at the Southern Gap Racetrack and authorize the Chairman of the

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

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

with the approval as to form by the County Attorney.

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVING THE INDEMNIFICATION, HOLD

HARMLESS, ASSUMPTION OF RISK AND WAIVER FOR THE

DEMOLITION DERBY AT THE SOUTHERN GAP RACETRACK




and zero (0) nays, this board did hereby approve the following Indemnification, Hold

Harmless, Assumption of Risk and Waiver for the Demolition Derby at the Southern Gap

Racetrack:

Indemnification, Hold Harmless, Assumption of Risk and Waiver

I agree to indemnify, defend and hold harmless, Buchanan County and Buchanan County

Board of Supervisors their officers, agents, and employees from any claims, dangers, and

actions of any kind or nature, whether at law or in equity, arising from my (and/or my

child/guardian’s) participation in the Demolition Derby.

I acknowledge that demolition derbies and related activities are dangerous and entail

known and unknown risks, including but not limited to, vehicular crashes, flying debris,

explosions and or fire from vehicles, injury or damage by other participants, spectators,

volunteers, officials, or others, rescue personnel that may result in emotional injury,

personal injury or death to me/us, or damage to my/our property, or to other persons or

parties or property. Such risks of loss, injury or death include, but are not limited to,

burns, cuts, fractures, head trauma, heat prostration and related conditions, impacts from

debris, accoutrements, vehicles, cardiac conditions and falls.

10210

I recognize that there are many other risks of injury including serious and disabling

injuries, which may arise due to my participation in this activity, and that it is not

possible to specifically list each and every individual injury risk. By signing this form I

desire, consent and voluntarily choose to take part in all such activities. Knowing the

material risks and appreciating, knowing and reasonably anticipating that other injuries

and death is a possibility, I assume all the risks normally incident to the nature of the

activities and agree that Buchanan County and Buchanan County Board of Supervisors or

any of its officers, agents, and employees conducting such activities will not be

responsible for any damages or injuries resulting to me (and/or my child/guardian’s).

Furthermore, I acknowledge that I (and/or my child/guardian) have been given a

physician’s permission to participate in physical activity or that I (and/or my

child/guardian) have decided to participate in physical activity without the approval of a

physician. Also, I understand that any injury incurred and the resulting medical expense

from that injury will be my responsibility and Buchanan County and Buchanan County

Board of Supervisors will not be responsible for any related expenses.

I hereby grant to Buchanan County and Buchanan County Board of Supervisors and its

licensees, successors, and assigns the rights to make use of my appearance, actions,

voice, sounds, name(s) and other attributes (collectively "Appearance") and any part of

them comprising or related to my attendance of or participation in the Activities,

including, but not limited to demolition related activities. This grant shall be

effective everywhere, perpetual, for an unlimited number of times, and shall include the

rights to photograph, film, depict, reproduce, distribute, record, transmit, store, display,

make derivative and edited works and otherwise exploit my Appearance and any part of

it, in and through any media or means now known or hereafter conceived. I understand

that Buchanan County and Buchanan County Board of Supervisors will rely on this grant

and I fully intend it to have legal effect.

I CERTIFY THAT I HAVE READ THIS DOCUMENT, AND FULLY

UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF

LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL. I

FULLY INTEND THIS AGREEMENT TO BE BINDING, HAVE LEGAL

EFFECT AND INDUCE RELIANCE AND ALSO ACKNOWLEDGE THAT

CCBF HAS PROVIDED GOOD AND VALUABLE CONSIDERATION, E.G.,

PERMISSION TO ME TO PARTICIPATE IN THE DEMOLITION DERBY

ACTIVITIES ON WHICH MAY BE WITHDRAWN OR RESCINDED AT ANY

TIME.

By signing below, the participant registered on this form authorizes him or her to

participate in the Demolition Derby and signifies agreement to all the terms and releases

stated herein.

Signature of Participant:______________________________________

Date:________

Signature of Legal Parent/Guardian (if participant is under 18 years of age):

______________________________________________ Date: ________

Relationship to Participant

_________________________________________________

―――――――――― 000 ――――――――――

10211

IN RE: CONSIDER APPROVING TO TRANSFER $67,000.00 FROM

SOUTH GRUNDY DISTRICT PARK AND DEVELOPMENT

ACCOUNT NUMBER 71060-7010-05 TO FUND 1, CAPITAL

OUTLAY ACCOUNT NUMBER 94100-7010

Trey Adkins, Knox District Supervisor stated when the Poplar Gap Park

concession stand was built, the reimbursement from Consol was to be paid back to the

county. The December 28th, 2011 board of supervisors meeting states that Consol had

agreed to donate one-half of the cost for the construction of the concession stands over a

three (3) year period back to the county.

Mr. Adkins made a motion to transfer the $67,000.00 from South Grundy District

Park and Development account to Fund 1, Capital Outlay, which was where the

concession stand was paid.

G. Roger Rife, Chairman stated this is the first time in eighteen (18) years that

another supervisor had made a motion to transfer funds from one of my accounts. Mr.

Rife stated I’ll step down as chairman so I can make a motion if it’s necessary.

Mr. Adkins stated I’ll withdraw my motion if you want to step down as chairman.

William P. Harris, Hurricane District Supervisor made a motion to leave the

funding in the South Grundy District account as it was now.

Mr. Rife commented each year the board of supervisors receives $20,000.00 in

their park and development accounts. Consol wanted to put their name on the stage at the

park, instead of the concession stand. I paid for the stage from South Grundy District

Park and Development account and agreed to allow Consol to put their name on the

stage, he stated. There have been five (5) different supervisors in the Knox District that

received the same $20,000.00 each year in their park and development account as I did,

he stated.

Mr. Adkins stated he didn’t know that the stage at Poplar Gap Park was paid from

the South Grundy District Park and Development account. Mr. Adkins withdrew his

motion.

―――――――――― 000 ――――――――――

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

Upon a motion by Harold H. Fuller seconded by William P. Harris and by a roll

call vote 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

agreed to convene in closed session as permitted by Virginia Code Section, 2.2-3711

(A)(3), a matter involving the acquisition of property for public purposes; Virginia Code

Section, 2.2-3711 (A)(7), consultation with legal counsel concerning subcontracting

construction contracts; Virginia Code Section, 2.2-3711 (A)(7), consultation with legal

counsel regarding the pending case with KVAT and Vansant Lumber, which does not

involve the county; and Virginia Code Section, 2.2-3711 (A)(7), consultation with legal

10212

counsel concerning the Attorney General’s opinion regarding the abandonment and

conveyance of county bridges.

――――――――――――――――――――

Motion was made by Harold H. Fuller to return from closed session seconded by

J. Carroll Branham and by the following 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 forty-eight (48) minutes.

――――――――――――――――――――

A motion by Harold H. Fuller seconded by Craig Stiltner, with G. Roger Rife

Chairman of the Buchanan County Board of Supervisors announcing during such session

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

with legal counsel regarding food pantry’s and Feeding in America; Virginia Code

Section, 2.2-3711 (A)(7), consultation with legal counsel concerning bridge maintenance

and Virginia Code Section, 2.2-3711 (A)(7), consultation with legal counsel regarding the

consolidated groups health insurance.

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 of seven (7) yeas, J.

Carroll Branham, G. Roger Rife, Harold H. Fuller, Steve O’Quinn, Craig Stiltner, Trey

Adkins, William P. Harris and zero (0) nays.

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVING A TRANSFER FROM FUND 1,

CAPITAL OUTLAY ACCOUNT NUMBER 94100-7010 TO KNOX

DISTRICT PARK AND RECREATION ACCOUNT NUMBER

71040-5604-03 AND TO ISSUE A CHECK IN THIS AMOUNT TO

HURLEY HIGH SCHOOL EARMARKED FOR THE PURCHASE

OF CALCULATORS


Harold H. Fuller and with a roll call vote of seven (7) yeas, J. Carroll Branham, G. Roger

Rife, Harold H. Fuller, Steve O’Quinn, Craig Stiltner, Trey Adkins, William P. Harris

and zero (0) nays, this board did hereby approve to transfer $6,204.00 from Fund 1,

Capital Outlay account number 94100-7010 to Knox District Park and Recreation

account number 71040-5604-03 and to issue a check in this amount to Hurley High

School earmarked for the purchase of calculators.

10213

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVING THE CONTRACTS FOR

OCTOBERFEST AT WILLIAM P. HARRIS PARK FOR

OCTOBER 11TH AND 12TH, 2013 AND AUTHORIZE THE

CHAIRMAN OF THE BUCHANAN COUNTY BOARD OF

SUPERVISORS AND ROBERT CRAIG HORN, COUNTY

ADMINISTRATOR FOR BUCHANAN COUNTY, VIRGINIA TO

EXECUTE SUCH CONTRACTS ON BEHALF OF BUCHANAN

COUNTY WITH THE APPROVAL AS TO FORM BY THE

COUNTY ATTORNEY


seconded by William P. Harris and with a roll call vote of seven (7) yeas, J. Carroll

Branham, G. Roger Rife, Harold H. Fuller, Steve O’Quinn, Craig Stiltner, Trey Adkins,

William P. Harris and zero (0) nays, this board did hereby approve the following

contracts for Octoberfest at William P. Harris Park for October 11th and 12th, 2013 and

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

Horn, County Administrator for Buchanan County, Virginia to execute such contracts on

behalf of Buchanan County with the approval as to form by the County Attorney:

Vivian Keen

Walking By Faith

New Hearts

The Gospel Grass Trio

Eddie Street

East Ridge Boys

Republik Steele

Jeff Brown & Still Lonesome

Amber Collins & Turning Point

Gary Edwards & Basic Grass

Jeff Mathis

―――――――――― 000 ――――――――――

IN RE: CONSIDER SCHEDULING A PUBLIC HEARING REGARDING

THE ABANDONMENT OF SONYA BRIDGE AND

APPROPRIATION


Harold H. Fuller and with a roll call vote of six (6) yeas, G. Roger Rife, Harold H. Fuller,

Steve O’Quinn, Craig Stiltner, Trey Adkins, William P. Harris and one (1) nay, J. Carroll

Branham, this board did hereby approve to schedule a public hearing for Monday,

November 4th, 2013 at 10:30 a.m. to hear public comments regarding the abandonment of

Sonya Bridge located in the Knox Magisterial District of Buchanan County. Also, the

board approved to request the Coal Haul Road Committee to appropriate $10,000.00 to

10214

pay the property owner, Sonya Justus to accept the bridge that is being taken out of the

county road system.

―――――――――― 000 ――――――――――

IN RE: TONY LOTITO – REGARDING SOUTHWEST VIRGINIA

COMMUNITY COLLEGE

Tony Lotito, retired employee of Southwest Virginia Community College

(SWCC) stated I’m here today to discuss some issues and concerns at SVCC. I was an

employee at SWCC for forty (40) years and I’m not here to criticize the college in any

way, he stated. Most of my concerns are trying to make the college an asset to the

community.

The college in the mid 80’s was an economic development tool and employed

hundreds, commented Mr. Lotito. Money was being spent in the community where they

lived. I’ve had concerns for the past six (6) years especially the past three (3) years how

the college is changing.

The college today has very few students on campus and empty buildings and

classrooms, he stated. Also, the off-campus classes currently offered in Buchanan

County and elsewhere have decreased significantly. Taxpayers had paid for all the

equipment used in the college and schools.

“The college existed for the good of the people of the community,” stated Mr.

Lotito. The college used to be open from 8:00 a.m. to 8:00 p.m. for anyone and now it’s

open from 8:00 a.m. and closes at 4:30 p.m. Monday through Thursday and closes at

noon on Friday.

The student enrollment has decreased almost thirty (30%) percent in the past four

(4) years, commented Mr. Lotito. The reason is because SWCC doesn’t offer the number

of off-campus classes as before.

He stated the current leadership says that one of the factors for the decrease in

enrollment is because of percentage of high school students that are dually-enrolled in

college courses and the number of on-line courses that are offered.

There has been thirty-five (35%) percent of employee’s eliminated and the

college’s cafeteria has been closed, state Mr. Lotito. The students at the college now

have vending machines to get their lunch.

Chancellor Glenn DuBois, Chancellor for VCCS has been made aware of the

problems at SWCC, but hasn’t taken any actions, stated Mr. Lotito.

The Tazewell County Board of Supervisors adopted a Resolution to be sent to our

local legislators, Senator Phillip Puckett and Delegate William Morefield requesting an

independent inquiry/investigation to be done by either auditor of public accounts, JLARC

or any other appropriate agency to look at the operations of SWCC, he stated.

Trey Adkins, Knox District Supervisor stated Buchanan County provides funding

for SWCC each year. Buchanan County has taken a big hit on the number of night

10215

classes offered. Is this bad management issues? What has happened since the Tazewell

County Board of Supervisors sent the Resolution to Senator Puckett and Delegate

Morefield, he asked? I think we should ask that an independent inquiry is done, stated

Mr. Adkins. Also, until the inquiry is complete and the findings revealed, Buchanan

County shouldn’t provide anymore funding for SWCC, he commented. We don’t want

to hurt the students. I think we should see what the other counties are going to do,

commented Mr. Adkins.

G. Roger Rife, Chairman commented the Appalachian School of Law and

University of Appalachia College of Pharmacy has full-time employees that lives here

and spends their money in the county. You have to use your finances wisely, he stated.

I’ve been on SWCC board and several other boards and been given a budget for

the upcoming year to vote on after only given 15 minutes to review, he stated.

We support education and we support equal opportunity, commented Mr. Rife.

We need these classes in the county and to provide the opportunity. Hopefully, we can

get to the bottom of the questions you have.

Mr. Adkins made the motion to adopt a resolution requesting an independent

investigation of SWCC and not provide any additional funding for SWCC unless it’s

extremely necessary until the findings are revealed.

Mr. Rife stated an investigation sounds like they’re doing something wrong.

Ms. Miller, former employee of SWCC requested the board to do their own

investigation of SWCC. SWCC is the bridge to the future and it’s crumbling.

Mr. Rife suggested requesting an inquiry of SWCC instead of investigation. We

need answers. We all would like to see SWCC succeed.

Mr. Lotito stated SWCC is doing much worst than any other colleges in the state.

Craig Stiltner, Rocklick District Supervisor stated you can’t compare SWCC to

the other colleges in the state. The population is increasing in other areas and decreasing

here in Buchanan County, he commented. The population in Buchanan County is

dropping, so the enrollment at SWCC isn’t going to be what it was ten (10) years ago.

Mr. Lotito commented I hope a solution can be found. I’d like to see SWCC be

the shining star that it used to be.

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

second to his motion, Mr. Adkins requested a roll call vote as follows seven (7) yeas, G.

Roger Rife, Harold H. Fuller, Steve O’Quinn, Craig Stiltner, Trey Adkins, William P.

Harris, J. Carroll Branham and zero (0) nays, this board did hereby adopt the following

Resolution requesting an inquiry of Southwest Virginia Community College (SWCC),

with specific emphasis on the reasons for declining enrollment and the cut in education

programs offered by SVCC in Buchanan County, VA.:

10216

RESOLUTION

IN RE: REQUEST FOR INQUIRY OF

SOUTHWEST VIRGINIA COMMUNITY COLLEGE

WHEREAS, Southwest Virginia Community College has for many years played a major

role in providing educational opportunities for the citizens of Buchanan County, Virginia;

and

WHEREAS, it has been brought to the attention of the Buchanan County, Va. Board of

Supervisors that in recent years Southwest Virginia Community College (SWCC)

enrollment has been declining and that many educational programs previously offered by

SWCC in Buchanan County have been ended; and

WHEREAS, the Buchanan County, Va. Board of Supervisors has consistently provided

substantial financial assistance to SWCC in the County’s annual budget; and

WHEREAS, it is the understanding of the Buchanan County, Va. Board of Supervisors that

the Tazewell County, Va. Board of Supervisors has recently made a similar request for an

inquiry or investigation of SWCC; and

WHEREAS, the Buchanan County, Va. Board of Supervisors has concluded that the only

reliable method of determining what has caused the decline in enrollment and SWCC’s cut

in educational programs in Buchanan County, is to request its State Senator and State

Delegate to call an independent inquiry of SWCC; and

NOW THEREFORE, BE IT RESOLVED, by the Buchanan County, Virginia Board of

Supervisors that it herby requests Delegate Will Morefield and Senator Phillip Puckett to call

for an independent inquiry of the operations of Southwest Virginia Community College, with

specific emphasis on the reasons for declining enrollment and the cut in education programs

offered by SWCC in Buchanan County, Va.. FUTHERMORE BE IT RESOLVED, that the

County Administrator is directed to send a copy of this resolution to the Senator Phillip

Puckett; Delegate Will Morefield; and to all the Board members of the Board of Directors of

the Southwest Virginia Community College.

This resolution was adopted on the 9th day of September 2013 by the Buchanan County

Board of Supervisors.

Recorded Vote: ____________________________________

Moved by: Trey Adkins G. Roger Rife, Chairman of the

Seconded by: None Buchanan County, Va. Board of Supervisors

Yeas: Seven

Nays: Zero ATTEST:

____________________________________


―――――――――― 000 ――――――――――

IN RE: GERALD ARRINGTON, COMMONWEALTH ATTORNEY AND

RAY FOSTER, SHERIFF – DISCUSS OFFICE SPACE

Ray Foster, Sheriff stated I need office space to two (2) employees at the sheriff’s

office and would like to request the office space where the registrar’s office recently

moved out.

Gerald Arrington, Commonwealth Attorney commented I’m in need of additional

space for the Commonwealth Attorney’s Office. There are two (2) different desks in my

office where two (2) employees are working at. The registrar’s office is across from the

10217

General District Courtroom, which would be perfect, he stated. I’ve got the small office

space on the first floor that was vacated, but the registrar’s office is much larger.

William P. Harris, Hurricane District Supervisor asked why the Commonwealth

Attorney’s Office needs so much space with the declining population?

Mr. Arrington stated when there’s a declining population the crime rate goes up.

Harold H. Fuller, Garden District Supervisor requested that Mr. Arrington and

Sheriff Foster work this issue out and inform the board of their decision.

Sheriff Foster stated the Victim Witness Coordinator and the Warrant’s Clerk

Office’s really need to be in the courthouse.

Mr. Arrington stated the Victim Witness Coordinator’s Office used to be in the

Commonwealth Attorney’s Office.

G. Roger Rife, Chairman asked Mr. Arrington if the State of Virginia provides

funding for a certain number of employees for his office?

Mr. Arrington stated yes, four (4) full time attorneys’, three (3) full time

administrative assistances and the three (3) part-time employees, funding is provided by

the county. It is required by the state that each employee have a desk and computer,

instead of sharing, he stated. Also, Virginia Code Section 15.2-1638 states that the

governing body of every county and city shall provide courthouses with suitable space

and facilities to accommodate clerk’s office, jail and Commonwealth Attorney.

Sheriff Foster commented the floor at the sheriff’s office where the two (2)

employees offices are now is about to fall.

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

―――――――――― 000 ――――――――――

IN RE: CONSIDER SCHEDULING A PUBLIC HEARING FOR MONDAY,

OCTOBER 7TH, 2013 AT 3:45 P.M. TO HEAR PUBLIC

COMMENTS REGARDING A PROPOSED AMENDED

ORDINANCE ENTITLED,” AN AMENDED ORDINANCE –

AMOUNT OF DOG LICENSE – COUNTY CODE SECTION 22-7”


J. Carroll Branham and with a roll call vote of seven (7) yeas, J. Carroll Branham, G.


Harris and zero (0) nays, this board did hereby approve to schedule a public hearing for

Monday, October 7th, 2013 at 3:45 p.m. to hear public comments regarding a proposed

Amended Ordinance entitled,” An Amended Ordinance – Amount of Dog License –

County Code Section 22-7.”:

NOTICE OF PUBLIC HEARING

PLEASE TAKE NOTICE that the Buchanan county Board of Supervisors will hold a

public hearing at 3:45 p.m. on Monday the 7th day of October 2013 in the Board of

Supervisors Meeting Room in the basement of the Buchanan County Courthouse in

Grundy, Virginia. The purpose of that hearing will be to entertain and receive public

10218

comment on:

1) The proposed adoption of an Amended Ordinance entitled:

"An Amended Ordinance--- Amount of Dog License –County Code Section 22-7”

The proposed ordinance adds the option to purchase a three year dog tag license but

still permits the purchase of a one year dog tag license. The fee schedule for the dog

licensing has been amended to reflect the purchase of a three year license, if that

option is chosen by a dog owner. The amended ordinance is proposed to become

effective January 1, 2014.

Any interested person is invited to appear and take whatever action they deem necessary

under the circumstances. The proposed Ordinance is available upon request at the

Buchanan County Administrator's Office on the fourth floor of the Buchanan

County Courthouse in Grundy, Virginia.

________________________________________ _________________

Robert Craig Horn, County Administrator Date

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IN RE: CONSIDER APPROVING A TRANSFER FROM FUND 1,

CAPITAL OUTLAY TO ROCKLICK DISTRICT HIGHWAYS,

STREETS AND BRIDGES ACCOUNT FOR THE REPAIRS THAT

WAS DONE BY E L & G ENTERPRISES REGARDING THE

RECENT SINK HOLE LOCATED BEHIND RIVERVIEW

ELEMENTARY/MIDDLE SCHOOL


by Harold H. Fuller and with a roll call vote of seven (7) yeas, J. Carroll Branham, G.


Harris and zero (0) nays, this board did hereby approve to transfer $4,212.50 from Fund

1, Capital Outlay account number 94100-7010 to Rocklick District Highways, Streets and

Bridges account number 41020-7010-06 for the repairs that was done by E L & G

Enterprises regarding the recent sink hole located behind Riverview Elementary/Middle

School.

―――――――――― 000 ――――――――――

IN RE: LARRY ASHBY, SUPERINTENDENT OF BUCHANAN COUNTY

PUBLIC SCHOOLS

Larry Ashby, Superintendent of Buchanan County Public Schools stated the

school board asked that I come to the board of supervisors to request additional funding

in the amount of $1.4 million for the school system to keep from laying off eighty-three

(83) school employees. The school board voted today to keep Russell Prater and J. M.

Bevins Elementary Schools open, he stated.

10219

Trish Rowe, Administrative Assistant stated we have twenty-nine (29) school

employees that we don’t have the funding for in the current budget and fifty-four (54)

part-time employees.

Trey Adkins, Knox District Supervisor made a motion to deny the request from

the Buchanan County School System for additional funding in the amount of $1.4

million, seconded by Harold H. Fuller.

G. Roger Rife, Chairman commented the past two (2) years the county has

provide $10.5 million for the school system and now the school board is requesting $12

million. Now, the school board is stating there are possible lay-offs.

Mr. Adkins stated we all know what this is and I’m tired of it. The children are

going to suffer. If the school board doesn’t do what they’re supposed to do, then I’ll ask

the state to come in and take over the school system, he commented.

Craig Stiltner, Rocklick District Supervisor stated we’ve tried to get this

accomplished and at what point is enough enough? I’m done and ready to vote on Mr.

Adkins motion. The seven (7) school board members should have been here to make this

request, not the Superintendent and Administrative Assistant, he commented.

Bill Keene, Treasurer stated the county’s surplus funding has went from $19

million since June 31st, 2013 to $12 million. “You all are going to have to really watch

it,” he commented.

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

vote of five (5) yeas, Trey Adkins, Harold H. Fuller, William P. Harris, Craig Stiltner, G.

Roger Rife and two (2) nays, J. Carroll Branham and Earl Scott, this board did hereby

approve the motion to deny the request from the Buchanan County School System for

additional funding in the amount of $1.4 million.

Mr. Stiltner stated, “The school board should have taken steps this year to save a

large chuck of money and they chose to do nothing.” They didn’t do anything and now

it’s come back to bite them. Also, they’re trying to make it look like it’s the board of

supervisors fault, he commented. There are school systems in the State of Virginia that

operates on level funding.

Betty Bevins, resident stated if the school system did consolidate this year; it’s not

going to help their budget until next year.

Mr. Stiltner asked Mr. Ashby if the board of supervisors ever mislead the school

board that they would receive more than $10.5 million for this fiscal year?

Mr. Ashby stated no.

Mr. Stiltner commented the school system should have worked on their budget.

The board of supervisors cut their budget $4 million this year.

Mr. Rife stated I don’t know where we could get another $1.4 million.

Mr. Adkins stated laying off eighty-three (83) school employees won’t solve the

problem. This is a disgrace because the school board won’t do what they need to do.

10220

William P. Harris, Hurricane District Supervisor asked why the school board

purchased a roll back vehicle?

Mr. Ashby stated the roll back vehicle was purchased to use with smaller vehicles

and equipment.

Ms. Bevins stated the roll back vehicle was purchased with taxpayer’s money. I

heard the school system had a contract with a towing company and wasn’t using any of

the local businesses. Buying a roll back vehicle didn’t make a lot of sense, she

commented.

Mr. Harris commented that he had asked on e of the school board members about

the roll back and they didn’t know anything about it. If the county administrator did

something like that, he would be fired, he commented.

Mr. Ashby commented that the roll back was discussed with the school board.

Ms. Bevins commented if you don’t have money to buy toilet paper for the

schools then why did you buy a roll back vehicle? A good education is one of the most

important things. The school board and administration need to solve their own problems,

she stated.

Mr. Stiltner stated I started volunteering my time to the children of Buchanan

County at eighteen (18) years old and did this for thirty-one (31) years. I don’t think we

need to keep wasting taxpayers’ money by keeping two (2) schools open for eighty (80)

students, he commented. Coal business doesn’t look good and we really need to watch

how money is being spent.

I’ve been slammed over the Bull Creek Trail and derby track, stated Mr. Stiltner.

The Bull Creek Trail is being constructed by an Enhancement Grant from the Virginia

Department of Transportation and the derby track is a multi-use area to help the fair

expand. The track can be used for several events throughout the year.

Bernard McClanahan, resident in the Prater Magisterial District commented there

are ninety-seven (97) students at Russell Prater Elementary School this year. The

enrollment has fallen due to the discussion of consolidation. The Russell Prater

Elementary School is more than a school, it’s a community center, too, he stated. It’s not

going to save the county any money by closing this school. The early retirement program

would have saved the school system some money, he commented. The utilities at the

school are only $70,114.00 per year and if the school board keeps all the employees there

wouldn’t be a substantial savings. Also, when school employees retire from the school

system it will cost the school system two (2) sets of benefits, state Mr. McClanahan.

Mr. Rife stated the way the school system will save money when someone retires,

is by not replacing them.

10221

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVING THE ADDENDUM #1 TO THE

CONTRACT BETWEEN BUCHANAN COUNTY, VIRGINIA AND

TORQUE ENTERPRISES, LLC REGARDING THE HURLEY

GYMNASIUM PROJECT AUTHORIZE THE CHAIRMAN OF

THE BUCHANAN COUNTY BOARD OF SUPERVISORS AND



ADDENDUM ON BEHALF OF BUCHANAN COUNTY WITH THE



Craig Stiltner and with a roll call vote of seven (7) yeas, J. Carroll Branham, G. Roger


and zero (0) nays, this board did hereby approve the following Addendum #1 to the

Contract between Buchanan County, Virginia and Torque Enterprises, LLC regarding the

Hurley gymnasium project authorized the Chairman of the Buchanan County Board of

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

Virginia to execute such Addendum on behalf of Buchanan County with the approval as

to form by the County Attorney:

ADDENDUM #1 TO CONTRACT BETWEEN BUCHANAN COUNTY, VA AND

TORQUE ENTERPRISES, LLC. DATED FEBRUARY 5th, 2013

Now come the parties, Torque Enterprises, LLC, “Torque” and Buchanan County, Va., a

political subdivision of the Commonwealth of Virginia, “County” and hereby agree to the

following modifications of the Contract dated February 5, 2013 providing for the

construction of the Hurley Gym in Knox District of Buchanan County:

1) That the parties have agreed to modify the contract dated, February 5, 2013 to provide

that Torque will perform the additional work and provide the additional materials as

specified in the Change Order, dated August 2nd, 2013, and attached and made a part

of this Addendum as Exhibit “A”. The additional services and materials described

in the attached Change Order will result in a total net increase of the contract price by

$115,452.06.

EXECUTED IN DUPLICATE ORIGINALS:

IN WITNESS HEREOF:

TORQUE ENTERPRISES, LLC

BY: ________________________________________

Brian Ward, President

of Torque Enterprises, LLC.

BUCHANAN COUNTY, VIRGINIA

BY: _________________________________________


Buchanan County, Va. Board of Supervisors

10222

ATTEST:

_________________________________


APPROVED TO AS TO FORM ONLY:

________________________________

Lawrence L. Moise III, County Attorney

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVING THE INVOICE/CONTRACTOR’S

APPLICATION FOR PAYMENT NO. 2 IN THE AMOUNT OF

$45,616.15 TO TORQUE ENTERPRISES, LLC. REGARDING THE

HURLEY GYMNASIUM PROJECT TO BE PAID FROM CAPITAL

OUTLAY (HURLEY GYMNASIUM) ACCOUNT NUMBER 94100-

7000


Craig Stiltner and with a roll call vote of seven (7) yeas, J. Carroll Branham, G. Roger


and zero (0) nays, this board did hereby approve the Invoice/Contractor’s Application for

Payment No. 2 in the amount of $45,616.15 to Torque Enterprises, LLC. regarding the

Hurley gymnasium project to be paid from Capital Outlay (Hurley gymnasium) account

number 94100-7000.

―――――――――― 000 ――――――――――

IN RE: CONSIDER ADOPTING THE RESOLUTION TO ACCEPT THE

DEED OF CONVEYANCE BETWEEN MARCELLA LELL AND

KENNETH LELL AND BUCHANAN COUNTY REGARDING THE

ELK CREEK TUNNEL PROJECT AND AUTHORIZE THE

CHAIRMAN OF THE BUCHANAN COUNTY BOARD OF

SUPERVISORS AND ROBERT CRAIG HORN, COUNTY

ADMINISTRATOR FOR BUCHANAN COUNTY, VIRGINIA TO

EXECUTE SUCH DEED OF CONVEYANCE ON BEHALF OF

BUCHANAN COUNTY WITH THE APPROVAL AS TO FORM BY

THE COUNTY ATTORNEY


Harold H. Fuller and with a roll call vote of seven (7) yeas, J. Carroll Branham, G. Roger


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

Deed of Conveyance between Marcella Lell and Kenneth Lell and Buchanan County

regarding the Elk Creek Tunnel Project and authorize the Chairman of the Buchanan

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

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

County with the approval as to form by the County Attorney:

10223

RESOLUTION

IN RE: ACCEPTANCE OF DEED OF CONVEYANCE BETWEEN MARCELLA

LELL AND KENNETH LELL, HUSBAND AND WIFE, TO

BUCHANAN COUNTY, VIRGINIA

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

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

between Marcella Lell and Kenneth Lell, husband and wife 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 of Conveyance 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 9th day of September, 2013 by a roll call vote of seven for and zero against.

_________________________________

Chairman of the


ATTEST:

_________________________________________


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IN RE: CONSIDER RATIFYING PAYROLL AFTER REVIEW


J. Carroll Branham and with a roll call vote of seven (7) yeas, J. Carroll Branham, G.


Harris 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 7TH, 2013. (INCLUDING

THE BUCHANAN COUNTY HEAD START RATIFIED BILL LIST

AND BILL LIST)


seconded by Trey Adkins and with a roll call vote of seven (7) yeas, J. Carroll Branham,

G. Roger Rife, Harold H. Fuller, Steve O’Quinn, Craig Stiltner, Trey Adkins, William P.

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

adopted on January 7th, 2013. (Including the Buchanan County Head Start ratified bill

list and bill list).

―――――――――― 000 ――――――――――

10224

IN RE: CONSIDER ADOPTING A RESOLUTION REQUESTING VDOT

TO OBSCURE THE YELLOW CENTER LINE STRIPING ON

ROUTE 680 FROM ROUTE 629, AUS KEEN ROAD

INTERSECTION TO THE ROUTE 629 KEEN MOUNTAIN ROAD

INTERSECTION

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

by Craig Stiltner and with a roll call vote of seven (7) yeas, J. Carroll Branham, G. Roger


and zero (0) nays, this board did hereby adopt the following Resolution requesting VDOT

to obscure the yellow center line striping on Route 680 from Route 629, Aus Keen Road

intersection to the Route 629 Keen Mountain Road intersection:

The Board of Supervisors of Buchanan County, in regular meeting on the 9th day of

September, 2013, adopted the following:

RESOLUTION

WHEREAS, in the past, Route 680, from the Route 629 Aus Keen Road intersection to

the Route 629 Keen Mountain Road intersection has had only the white edge line stripes

painted, and

WHEREAS, with the most recent repainting conducted during the week of September

2nd, 2013, the Virginia Department of Transportation’s (VDOT) contractor painted both

the center yellow lines and the white edge lines, and

WHEREAS, the Board wishes to have yellow center lines recently painted in this section

obscured;

THEREFORE, this Board does hereby request that the Virginia Department of

Transportation (VDOT), at its earliest opportunity obscure the yellow center line striping

on Route 680 from the Route 629 Aus Keen Road intersection to the Route 629 Keen

Mountain Road intersection; and

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

the Residency Administrator for the Virginia Department of Transportation.

Recorded Vote A Copy Teste:

Moved By:

Seconded By: Signed

Yeas: Printed Name

Nays: Title

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVAL OF MINUTES FOR AUGUST 5TH, 2013


seconded by Trey Adkins and with a roll call vote of seven (7) yeas, J. Carroll Branham,


Harris and zero (0) nays, this board did hereby approve the minutes for August 5th, 2013.

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVING CONTRIBUTIONS


by Trey Adkins and with a roll call vote of seven (7) yeas, J. Carroll Branham, G. Roger

10225


and zero (0) nays, this board did hereby approve the following contributions:

Grundy High School (Porta Phone Wireless Headsets) $2,745.00

Grundy High School (Cross County Uniforms) $ 845.40

Russell Prater Volunteer Fire Department

(Vansant Lady Vikings LL) $1,300.00

The American Legion (John Ratliff Post 164) $2,850.00

Boy Scouts of America (Sequoyah Council 713) $2,450.00

Grundy High School (Riverview Middle School basketball) $1,450.00

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVAL TO PURCHASE THE PROPERTY FROM

JAMES I. PENLEY AND PATRICIA GALE PENLEY

REGARDING THE ROCKWALL CURVE PROJECT AT

COUNCIL, VIRGINIA


seconded by Harold H. Fuller and with a roll call vote of seven (7) yeas, J. Carroll

Branham, G. Roger Rife, Harold H. Fuller, Steve O’Quinn, Craig Stiltner, Trey Adkins,

William P. Harris and zero (0) nays, this board did hereby approve to purchase the

property located at 1138 Zion Hollow Road, Honaker, Virginia owned by James I. Penley

and Patricia Gale Penley in the amount of $240,000.00 with Coal Haul Road and VDOT

Revenue Sharing Funds regarding the Rockwall Curve Project at Council, Virginia.

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVING A CONTRIBUTION TO THE

BUCHANAN COUNTY DEPARTMENT OF SOCIAL SERVICES

EARMARKED FOR THE BUCHANAN COUNTY COAL MINERS

CHRISTMAS AND SPECIAL NEEDS FUND

Upon motion by Craig Stiltner to appropriate and/or transfer $10,000.00 to the

Buchanan County Department of Social Services earmarked for the Buchanan County

Coal Miners Christmas and Special Needs Fund, his motion was seconded by Trey

Adkins. After a general discussion by the board, Mr. Stiltner withdrew his motion and

Mr. Adkins his second to the motion.


seconded by Craig Stiltner and with a roll call vote of seven (7) yeas, J. Carroll Branham,


Harris and zero (0) nays, this board did hereby approve a contribution in the amount of

$10,000.00 to the Buchanan County Department of Social Services earmarked for the

Buchanan County Coal Miners Christmas and Special Needs Fund to be divided equally

among the seven (7) district park and recreations accounts:

10226



Rocklick District

Prater District

Hurricane District

Garden District

Knox District

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IN RE: ADJOURNMENT


by Harold H. Fuller and with a unanimous voice vote by the board, this board did hereby

approve to adjourn this meeting.

________________________________

G. Roger Rife, Chairman of the


___________________________________


minutes - buchanan county, virginiabuchanancountyonline.com/9-9-13.pdf · jerry hensley, resident...

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