MINUTES - Buchanan County Online · MINUTES A regular meeting of the Buchanan County Board of...

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MINUTES

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

3rd

day of December 2012 starting at 10:00 o‟clock a.m. in the boardroom of the

Buchanan County Courthouse located in Grundy, Virginia.

PRESENT: William P. Harris, Chairman

Harold H. Fuller

Steve O‟Quinn

Craig Stiltner

Trey Adkins

G. Roger Rife

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: GRUNDY HIGH SCHOOL – PRESENTATION OF PLAQUE FOR

THEIR ACHIEVEMENT OF BEING NAMED A “NATIONAL

BLUE RIBBON SCHOOL FOR THE YEAR 2012.”

At this time, the board of supervisors presented a plaque to Leslie Horn, Principal

at Grundy High School, along with several staff members for their achievement of being

named a “National Blue Ribbon School for the Year 2012.”

J. Carroll Branham, North Grundy District Supervisor stated this achievement is

the first for Buchanan County.

Leslie Horn, Principal at Grundy High School stated the achievement was a

community effort. She thanked the board for their support.

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

Upon a motion by Harold H. Fuller seconded by G. Roger Rife and by a

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

Virginia Code Section, 2.2-3711 (A)(1), to discuss a personnel issue at the Buchanan

County Sanitation Department.

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

G. Roger Rife and by the following roll call of seven (7) yeas, J. Carroll Branham, G.

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Roger Rife, William P. Harris, 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

twenty (20) minutes.

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A motion by Craig Stiltner seconded by Harold H. Fuller that the Board certify

that in the closed session just concluded, nothing was discussed except the matter

specifically identified in the motion to convene in closed session and lawfully permitted

to be so discussed under the provisions of the Virginia Freedom of Information Act cited

in that motion. The motion was agreed upon by the following roll call vote of seven (7)

yeas, J. Carroll Branham, G. Roger Rife, William P. Harris, Harold H. Fuller, Steve

O‟Quinn, Craig Stiltner, Trey Adkins and zero (0) nays.

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IN RE: EARL RIFE, PUBLIC WORKS DIRECTOR

Earl Rife, Public Works Director stated Lee Keen an employee with the Buchanan

County Sanitation Department was recently disabled by his doctor. Due to this position

opening, he requested to transfer Randy Compton to the operator‟s position.

Steve O‟Quinn made a motion to transfer Randy Compton to the operator‟s

position for the sanitation department.

G. Roger Rife, South Grundy District Supervisor commented that county

employees receive so many days, which is the reason we need so many employees.

Mr. Rife stated the operator‟s position needs to be filled now. “We cannot wait

until budget time.”

Trey Adkins, Knox District Supervisor asked how many years has Mr. Compton

been working for the county?

Mr. Rife stated six (6) or seven (7).

Mr. Adkins commented we need to look at the years of experience.

G. Roger Rife commented we need to go by the salary scale that the board

adopted several years ago. The school system provides a step increase for their

employees, he stated. “It‟s not because of a job title.” He stated, “Someone has been in

the system for twenty (20) years and then you hire someone at the same rate of pay as the

person that‟s been there for twenty (20) years.”

William P. Harris, Chairman stated Mr. Compton is certified to do the job.

Earl Rife commented the employees with the sanitation department think they

should get the same pay rate as the employee who held the position before them.

G. Roger Rife stated if an employee doesn‟t want the position for the pay rate

listed then don‟t apply.

Mr. Adkins asked if there was anyone else with the sanitation department that

could do the operator‟s position?

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Earl Rife stated two (2) more employees. One of these employees is off work for

six (6) weeks, due to surgery.

Mr. Adkins suggested the personnel committee meet with the employees that are

interested in the operator‟s position. The committee could make a recommendation for

the one most qualified, he commented.

Mr. O‟Quinn withdrew his previous motion and made a motion to allow Randy

Compton to temporary fill the operator‟s position at this time.

Mr. Adkins stated this could cause a discrimination law suit for the county.

Craig Stiltner, Rocklick District Supervisor commented Mr. Compton could fill

the position until the personnel committee could meet with all the individuals qualified

for job.

Mr. O‟Quinn withdrew his motion to allow Randy Compton to temporary fill the

operator‟s position at this time.

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

seconded by Craig Stiltner with a unanimous voice vote by the board, this board did

hereby approve the personnel committee to interview any employees at the Buchanan

County Sanitation Dept. that are interested and qualified for the operators position

recently vacated.

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IN RE: GENERAL DISCUSSION CONCERNING SALARIES

William P. Harris, Chairman stated during budget work sessions, the board

approved to increase Jeff Rasnake‟s salary to the same as the other county carpenter. Mr.

Rasnake hasn‟t received the pay increase yet, he stated.

Trey Adkins, Knox District Supervisor stated the board needed to look at all

salaries, as a whole.

Craig Stiltner, Rocklick District Supervisor commented the pay increase wasn‟t

voted on by the board, but I do remember the discussion.

Robert Craig Horn, County Administrator stated until the board votes on a raise

during a board meeting, it‟s not effective.

J. Carroll Branham, North Grundy District Supervisor stated the board approved a

salary scale, which didn‟t last thirty (30) days. “We wasted a lot of time.”

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IN RE: CONSIDER APPROVING THE TWO (2) SURFACE USE

AGREEMENTS AND RIGHT-OF-WAY EASEMENTS BETWEEN

BUCHANAN COUNTY, VIRGINIA AND CNX GAS COMPANY,

LLC REGARDING THE PROPERTY LOCATED IN THE

GARDEN MAGISTERIAL DISTRICT

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

Steve O‟Quinn with a roll call vote of seven (7) yeas, J. Carroll Branham, G. Roger Rife,

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William P. Harris, Harold H. Fuller, Steve O‟Quinn, Craig Stiltner, Trey Adkins and zero

(0) nays, this board did hereby approve the two (2) Surface Use Agreements and Right-

of-Way Easements between Buchanan County, Virginia and CNX Gas Company, LLC

regarding the property located in the Garden Magisterial District. A copy of these

Surface Use Agreements and Right-of-Way Easements are located in the Buchanan

County Administrator‟s Office for review.

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IN RE: CONSIDER APPROVING THE THREE (3) TRANSFER ORDERS

FOR CNX GAS COMPANY, LLC. FROM FIRST BANK & TRUST

COMPANY TRUST DIVISION TO BUCHANAN COUNTY

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

Rife, William P. Harris, Harold H. Fuller, Steve O‟Quinn, Craig Stiltner, Trey Adkins

and zero (0) nays, this board did hereby approve the three (3) Transfer Orders for CNX

Gas Company, LLC. from First Bank & Trust Company Trust Division to Buchanan

County. A copy of these Surface Use Agreements and Right-of-Way Easements are

located in the Buchanan County Administrator‟s Office for review.

Gas Well No.: 303213-00001 (L42)

Gas Well No.: 303214-00001 (L42A)

Gas Well No.: 303215-00001 (L42B)

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IN RE: VICKIE LESTER, RESIDENT ON LYNN CAMP – TO DISCUSS

NEIGHBOR’S DOGS

Vickie Lester was not present for the meeting. No action taken.

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IN RE: CONSIDER APPROVING CONSTRUCTION OF GUARDRAILS

BY WEBSTER & WEBSTER CONSTRUCTION COMPANY

Upon motion by Trey Adkins to allow Webster & Webster Construction

Company to begin construction on the guardrails along county roads, while waiting on

their Heavy Highway (H/H) Classification to their Class A Contractor‟s licenses, motion

was seconded by Harold H. Fuller.

L. Lee Moise, County Attorney stated Webster & Webster were awarded various

guardrail bids under the Coal Road Plan. He stated the company has a Class A

Contractor‟s license with HIC (Home Improvement Contractor) and CIC (Commercial

Improvement Contractor), but doesn‟t have the H/H (Heavy Highway) classification,

which is necessary to do work on highways.

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Mr. Adkins withdrew his motion to allow Webster & Webster Construction

Company to begin construction on the guardrails along county roads and Mr. Fuller

withdrew his second to the motion.

At this time, no action was taken.

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IN RE: CASEY STARK – TO DISCUSS APPALACHIAN REGION

COMMUNITY SERVICES, INC. (ARCS)

Casey Stark, Pastor and resident stated his two (2) children are enrolled at the

daycare center on Slate Creek operated by Appalachian Region Community Services,

Inc. (ARCS). He requested the board to reconsider additional funding for the facility.

Pastor Stark commented my family is a young family that works here and pays

taxes here. If this county is going to grow and maintain its population, it‟s going to have

to have young families like mine to move here to stay here. He stated that‟s impossible if

there‟s no place to take our children.

Pastor Stark stated if we invest in fire departments, police departments and roads,

then why not invest in a place where we want young professionals to come in and

contribute to the county? I would greatly appreciate it, if the board would reconsider

some funding so the daycare center can continue operating, he requested.

Craig Stiltner, Rocklick District Supervisor stated the county has already

contributed $350,000.00 to ARCS over the past two (2) years. The ARCS Board of

Directors needs to show this board where the money went. Until they show us this, I

can‟t approve any additional funding, stated Mr. Stiltner.

Pastor Stark stated there has been a change in the administration for ARCS. A

large portion of the funds went to refurbishing the daycare center, he stated.

Robert Craig Horn, County Administrator commented ARCS used some of the

funds to finish the remodeling for the daycare center and to install a sprinkler system.

Mr. Stiltner commented the county is not in the business for job creation.

Mr. Horn stated after the last board of supervisors meeting, he visited the daycare

center. The children were napping during the time I was there, he commented.

Pastor Stark stated the daycare center really needs crib beds to meet federal safety

standards. He requested the board to reconsider and think of the funding as an

infrastructure issue.

G. Roger Rife, South Grundy District Supervisor stated the ARCS Board of

Directors should be able to explain to us what‟s going on.

Mr. Stiltner agreed with Mr. Rife, the ARCS Board of Directors should be able to

show us where the $350,000.00 was spent, plus the grant funds. “I don‟t want any baby

sleeping in a crib bed that isn‟t approved.”

Linda Stiltner, resident stated, “Older people in the county like myself, doesn‟t

want to pay for a daycare center.” At the last board of supervisors meeting, the board

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was told by the Director the daycare center lowered their rates from $20.00 to $18.00 per

day.

Mr. Stiltner commented, “I‟m really sorry about my frustration, which isn‟t your

fault.”

After the discussion, no action was taken.

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IN RE: PUBLIC HEARING 10: 15 A.M. – TO HEAR PUBLIC COMMENTS

REGARDING THE CONVEYANCE OF PHEASANT RUN

ROAD/BRIDGE

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 open the public

hearing.

L. Lee Moise, County Attorney stated the right-of-way for Pheasant Run

Road/Bridge was conveyed to the county in 2007. In the deed, there was a clause if the

bridge was ever abandoned by the county, the county would convey the right-of-way for

the bridge back to the grantors upon payment of $10.00, he commented. The bridge has

been formally abandoned by the board of supervisors, stated Mr. Moise.

Upon motion by J. Carroll Branham seconded by Craig Stiltner and with a

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

hearing.

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IN RE: CONSIDER ADOPTING A RESOLUTION REGARDING THE

CONVEYANCE BY QUITCLAIM DEED BETWEEN BUCHANAN

COUNTY, VIRGINIA AND TO GREGORY A. MCCLANAHAN &

KAREN MCCLANAHAN, HUSBAND AND WIFE; RODNEY LEE &

JACKIE D. LESTER T/A R&J PROPERTIES, A VIRGINIA

PARTNERSHIP; AND DANNY PAUL ESTEP & SHERRY GAY

ESTEP, HUSBAND AND WIFE AND AUTHORIZE WILLIAM P.

HARRIS, CHAIRMAN OF THE BUCHANAN COUNTY BOARD

OF SUPERVISORS AND ROBERT CRAIG HORN, COUNTY

ADMINISTRATOR FOR BUCHANAN COUNTY, VIRGINIA TO

EXECUTE SUCH QUITCLAIM DEED ON BEHALF OF

BUCHANAN COUNTY TO ACKNOWLEDGE ITS CONVEYANCE

OF SUCH PROPERTY WITH THE APPROVAL AS TO FORM BY

THE COUNTY ATTORNEY

After a general discussion by the board upon motion of J. Carroll Branham

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

G. Roger Rife, William P. Harris, Harold H. Fuller, Steve O‟Quinn, Craig Stiltner, Trey

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

regarding the conveyance by Quitclaim Deed between Buchanan County, Virginia and to

Gregory A. McClanahan & Karen McClanahan, Husband And Wife; Rodney Lee & Jackie

D. Lester T/A R&J Properties, A Virginia Partnership; And Danny Paul Estep & Sherry

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Gay Estep, Husband and Wife and authorize William P. Harris, Chairman of the

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

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

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

the County Attorney regarding the conveyance of Pheasant Run Road/Bridge located in

the North Grundy Magisterial District:

RESOLUTION

IN RE: CONVEYANCE OF QUITCLAIM DEED FROM

BUCHANAN COUNTY, VIRGINIA TO GREGORY A. MCCLANAHAN &

KAREN MCCLANAHAN, HUSBAND AND WIFE; RODNEY LEE & JACKIE D.

LESTER T/A R&J PROPERTIES, A VIRGINIA PARTNERSHIP; AND DANNY

PAUL ESTEP & SHERRY GAY ESTEP, HUSBAND AND WIFE REGARDING

PHEASANT RUN ROAD/BRIDGE LOCATED IN THE

NORTH GRUNDY MAGISTERIAL DISTRICT

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

approve the conveyance described in that Quitclaim Deed attached hereto between

Buchanan County, Virginia and to Gregory A. McClanahan & Karen McClanahan,

Husband And Wife; Rodney Lee & Jackie D. Lester T/A R&J Properties, A Virginia

Partnership; And Danny Paul Estep & Sherry Gay Estep, Husband and Wife and

authorized William P. Harris, Chairman of the Buchanan County Board of Supervisors

and Robert Craig Horn, County Administrator for Buchanan County, Virginia to execute

such Quitclaim Deed on behalf of Buchanan County to acknowledge its conveyance 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 3rd

day of December, 2012 by a roll call vote of seven for and zero against.

_________________________________

William P. Harris, Chairman of the

Buchanan County Board of Supervisors

ATTEST:

__________________________________

Robert Craig Horn, County Administrator

THIS QUITCLAIM DEED, made and entered into on this the 3rd

day of December,

2012, by and between BUCHANAN COUNTY, VIRGINIA, a Political Subdivision of the

Commonwealth of Virginia, hereinafter sometimes referred to as GRANTOR GREGORY

A. McCLANAHAN & KAREN McCLANAHAN, husband and wife; RODNEY LEE &

JACKIE D. LESTER T/A R&J PROPERTIES, a Virginia Partnership; and DANNY

PAUL ESTEP & SHERRY GAY ESTEP, husband and wife; hereinafter sometimes

referred to as “GRANTEES.” [Exempt from recordation taxes pursuant to Code §58.1-

810 (2).]

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WITNESSETH:

THAT, WHEREAS, by Instrument dated April 2, 2007 and recorded April 5, 2007 in the

Office of the Clerk of the Circuit Court of Buchanan County, Virginia in Instrument Number

070001317, Gregory A. McClanahan & Karen McClanahan, husband and wife; and Rodney

Lee & Jackie D. Lester T/A R&J Properties, a Virginia Partnership conveyed to Buchanan

County, Virginia, a political subdivision of the Commonwealth of Virginia, two tracts of

property which together consisted of a bridge and property surrounding said bridge situate

near the mouth of White Oak Branch on the waters of Slate Creek, a tributary of the Levisa

Fork of the Big Sandy River in the North Grundy Magisterial District of Buchanan County,

Virginia, and more particularly shown on a plat attached thereto prepared by J. Todd Van

Meter L.S., having Virginia License No. 2664, entitled, ““PLAT SHOWING LAND

BOUNDARY SURVEY OF PROPERTY ENCOMPASSING AN EXISTING BRIDGE

ACCESSING COUNTY ROAD #3109, BELCHER SUBDIVISION ROAD. THE PLATTED

PROPERTY, CONSISTING OF A FORTY FOOT RIGHT-OF-WAY BASED ON THE

EXISTING BRIDGE CENTERLINE IN ADDITION TO A REQUIRED TURNING AREA AS

SHOWN ON THIS PLAT, IS TO BE CONVEYED TO BUCHANAN COUNTY VA”, a copy

of which plat is recorded in Plat Book Number 015 Page 030 in the Office of the Clerk of

the Circuit Court of Buchanan County, Virginia; and,

WHEREAS, a portion of Tract Number Two as shown on the referenced plat was

incorrectly shown to be owned by Rodney Lee & Jackie D. Lester T/A R&J Properties

and that the area contained within Tract Number Two shown to be a part of Parcel #072

as shown on Tax Map #2HH-081 was subsequently determined to actually be owned by

Danny Paul Estep and Sherry Gay Estep, husband and wife, as part of Parcel #070 as

shown on Tax Map 2HH-081, Accordingly, the parties to this deed entered into and

executed a Deed of Correction dated October 1st, 2012 and recorded in the Office of the

Clerk of the Circuit Court of Buchanan County, Va. as Instrument # 120002588.

WHEREAS, on October 1st, 2012, the Buchanan County, Va. Board of

Supervisors issued an Order abandoning the Pheasant Run Road Bridge, thereby

triggering the reversion provisions in the dated April 2, 2007 and the deed of correction

dated October 1st, 2012;

WHEREAS, on December 3, 2012, the Buchanan County, Va. Board of

Supervisors conducted a Public Hearing in regard to the re-conveyance to the grantors of

the abandoned Pheasant Run Road bridge and right-of-way pursuant to the reversion

language contained in both the April 2, 2007 deed and the Deed of Correction dated

October 1st, 2012; and

NOW, THEREFORE, that for pursuant to the reversion provisions in the deed of

April 2, 2007 and the deed of correction dated October 1st, 2012 and in consideration of the

payment of Ten Dollars and No Cents ($10.00), the Grantor does hereby give, and

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quitclaim, unto the said Grantees, their successors and assigns, all interests owned by the

Grantor in the following described property, to-wit:

Specifically, Grantor does hereby give, and quitclaim the tracts set forth below

back to the Grantees, their successors and assigns, in regard to all interests owned by the

Grantor in said tracts of property which the Grantees previously conveyed to the

Grantor by the aforementioned deeds dated April 2, 2007 and October 1, 2012

consisting of a bridge and property surrounding said bridge and as more fully described

on that corrected plat of survey by J. Todd Van Meter L.S., having Virginia License No.

2664, and which plat dated September 27, 2012 is labeled:

“CORRECTED PLAT SHOWING LAND BOUNDARY SURVEY OF PROPERTY

ENCOMPASSING AN EXISTING BRIDGE ACCESSING COUNTY ROAD #3109,

BELCHER SUBDIVISION ROAD. THE PLATTED PROPERTY, CONSISTING OF A

FORTY FOOT RIGHT-OF-WAY BASED ON THE EXISTING BRIDGE CENTERLINE IN

ADDITION TO A REQUIRED TURNING AREA AS SHOWN ON THIS PLAT, IS TO BE

CONVEYED TO BUCHANAN COUNTY VA”, a copy of which plat is made a part hereof

by reference.

Said tracts to be conveyed are as follows:

Tract No. 1 to Gregory A. McClanahan and Karen McClanahan:

The tract of property previously conveyed by Gregory A. McClanahan & Karen

McClanahan, husband and wife, to the Grantor is shown as Tract #1 on the corrected plat

and is more particularly described as follows with all courses based on Grid North,

Virginia State Plane South Zone, North American Datum 1983 (1993):

Commencing at a double poplar as referenced in Deed Book 240 Page 263 and

located northeast of the subject property; thence S 26° 57‟ 17” W a distance of 123.171

feet to a ¾ inch diameter iron pin set near the southern edge of a gravel access road and

on the southern most boundary line of the parcel to be conveyed, the POINT OF

BEGINNING; thence along the western most boundary line of the parcel to be conveyed

N 55° 18‟ 08” W a distance of 42.633 feet to a point in the center of Slate Creek; thence

with the meanders of the center of Slate Creek the following courses and distances N 34°

27‟ 49” E a distance of 11.840 feet, N 37° 38‟ 37” E a distance of 17.384 feet; thence

leaving Slate Creek S 55° 13‟ 07” E a distance of 42.000 feet to a ¾ inch diameter iron

pin set in the southern most boundary line of the parcel to be conveyed; thence S 35° 06‟

53” W a distance of 29.141 feet to the POINT OF BEGINNING and encompassing an

area of 1,241.460 square feet and all as more fully described on a corrected plat of

survey by J. Todd Van Meter, L.S. as noted above.

Tract No. 2 to Rodney Lee and Jackie D. Lester T/A R&J Properties, a Virginia

Partnership:

The tract of property previously conveyed by Rodney Lee & Jackie D. Lester T/A

R&J Properties, a Virginia Partnership, to the Grantor is shown as Tract #2 on the

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corrected plat and is more particularly described as follows with all courses based on

Grid North, Virginia State Plane South Zone, North American Datum 1983 (1993):



feet to a ¾ inch diameter iron pin set near the southern intersection of a gravel access

road and an existing paved roadway, the POINT OF BEGINNING; thence along the

western most boundary line of the parcel to be conveyed and roughly parallel to the

northeastern edge of the existing concrete bridge deck N 55° 13‟ 07” W a distance of

42.00 feet to a point in the center of Slate Creek; thence with the meanders of the center

of Slate Creek N 37° 38‟ 37” E a distance of 10.813 feet to a point in the center of Slate

Creek; thence leaving Slate Creek S 55° 18‟ 08” E a distance of 41.523 feet to a ¾ inch

diameter iron pin near the southern edge of pavement of an existing paved roadway;

thence S 35° 06‟ 53” W a distance of 10.860 feet to the POINT OF BEGINNING and

encompassing an area of 453.024 square feet and all as more fully described on a

corrected plat of survey by J. Todd Van Meter, L.S. as noted above.

Tract No. 3 to Danny Paul Estep and Sherry Gay Estep:

The tract of property previously conveyed by Danny Paul Estep & Sherry Gay

Estep, husband and wife, to the Grantor, is shown as Tract #3 on the corrected plat and is

more particularly described as follows with all courses based on Grid North, Virginia

State Plane South Zone, North American Datum 1983 (1993):



feet to a ¾ inch diameter iron pin set in the southern right-of-way of Virginia State

Primary Route 83, the POINT OF BEGINNING; thence continuing along said highway

right-of-way line N 36° 31‟ 41” E a distance of 20.010 feet to a rail road spike set in said

highway right-of-way; thence continuing along said highway right-of-way line N 38° 09‟

07” E a distance of 20.036 feet to a ¾ inch diameter iron pin set in said highway right-of-

way; thence leaving said highway right-of-way and along the eastern most boundary line

of the property to be conveyed S 55° 18‟ 08” E a distance of 18.531 to a point in the

center of Slate Creek; thence with the meanders of the center of Slate Creek the

following courses and distances S 37° 38‟ 37” W a distance of 10.813 feet, S 37° 38‟ 37”

W a distance of 17.384 feet, S 34° 27‟ 49” W a distance of 11.840 feet; thence leaving

Slate Creek N 55° 18‟ 08” W a distance of 42.633 feet to the POINT-OF-BEGINNING

and encompassing an area of 744.876 square feet and all as more fully described on a

corrected plat of survey by J. Todd Van Meter, L.S. as noted above.

Source and title information: Gregory A. McClanahan acquired a portion of the

land re-conveyed by this deed by a will from Edna Lee McClanahan recorded in Will

Book 015, Page 456 in the Clerk‟s Office of the Circuit Court of Buchanan County,

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

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recorded will. Said land re-conveyed by this deed is shown as a portion of parcel #079

on Tax Map #2HH-081.

Source and title information: Rodney Lee & Jackie D. Lester T/A R&J Properties,

a Virginia Partnership acquired a portion of the land re-conveyed by this deed by deed of

conveyance recorded in Deed Book 542, Page 440 in the Clerk‟s Office of the Circuit

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

conveyance reference is made to the recorded deed. Said land re-conveyed by this right-

of-way deed is shown as a portion of parcel #077 on Tax Map #2HH-081.

Source and title information: Danny Paul Estep and Sherry Gay Estep, husband

and wife, acquired a portion of the land re-conveyed by this deed by a deed of

conveyance recorded in Deed Book 611, Page 759 in the Clerk‟s Office of the Circuit

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

conveyance reference is made to the recorded deed. Said land re-conveyed by this deed

is shown as a portion of parcel #070 on Tax Map #2HH-081.

That on the 3rd

day of December, 2012, the Buchanan County Board of

Supervisors, after a duly held Public Hearing at a duly held meeting of the Board, approved

the conveyance of the property described herein and the Chairman of the Buchanan County

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

execution of this Deed acknowledge that the Buchanan County Board of Supervisors has

authorized conveyance of the property described herein to the Grantees.

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

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

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IN RE: PUBLIC HEARING – 10:30 A.M. - TO HEAR PUBLIC

COMMENTS REGARDING THE COUNTY’S PROPOSED

ABANDONMENT OF THE BRIDGE ONLY OF ARVIL DUTY

BRIDGE, COUNTY ROAD # 4091, LOCATED IN THE KNOX

MAGISTERIAL DISTRICT

Upon motion by Harold H. Fuller seconded by Craig Stiltner and with a

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

hearing.

Trey Adkins, Knox District Supervisor stated he had spoken to the property

owners and they want the bridge back.

Marcus Stiltner, Coal Haul Road Engineer commented the county hasn‟t spent

any funds on this bridge.

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 close the public hearing.

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IN RE: CONSIDER APPROVING THE ABANDONMENT AND ORDER

FOR ARVIL DUTY BRIDGE, COUNTY ROAD #4091

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

Craig Stiltner with a roll call vote of seven (7) yeas, J. Carroll Branham, G. Roger Rife,

William P. Harris, Harold H. Fuller, Steve O‟Quinn, Craig Stiltner, Trey Adkins and zero

(0) nays, this board did hereby approve the following Order regarding the abandonment

of Arvil Duty Bridge, County Road #4091:

BUCHANAN COUNTY, VIRGINIA BOARD OF SUPERVISORS

ORDER

Whereas, on December 3rd

, 2012 the Buchanan County, Virginia Board of Supervisors

conducted a public hearing to consider the abandonment of the Arvil Duty Bridge,

County Road # 4091; and

Whereas, said public hearing was conducted after compliance with the notice provisions

required by Va. Code section 33.1-158; and

Whereas, after the public hearing, the Buchanan County, Va. Board of Supervisors voted

to abandon the Arvil Duty Bridge, County Road # 4091; and

Whereas, the Buchanan County, Va. Board of Supervisors having found that no public

necessity exists for the continuance of the Arvil Duty Bridge and that the public would be

served by abandoning Arvil Duty Bridge, it is now ordered by the Board of Supervisors:

That the Arvil Duty Bridge is hereby abandoned pursuant to Virginia Code section 33.1-

161;

That the Clerk of the Board is hereby directed to place this order in the minutes of the

Board of Supervisors for its regular monthly meeting of December 3rd

, 2012.

___________ _____________________________________

Date William P. Harris, Chairman

Buchanan County, Va. Board of Supervisors

ATTEST:

________________________

Robert Craig Horn


―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVING BID FOR THE CONSTRUCTION OF

THE HURLEY GYMNASIUM

Upon motion by Trey Adkins to accept the low bid in the amount of $469,547.94

for construct line items 1 – 4 and 33 -36 of the bid schedule included in the bid from

Torque Enterprises, LLC. for the construction of a gymnasium in the Knox Magisterial

District, seconded by Craig Stiltner.

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After a discussion there was a roll call vote of two (2) yeas, Craig Stiltner and

Trey Adkins and five (5) nays, J. Carroll Branham, William P. Harris, Harold H. Fuller,

G. Roger Rife and Steve O‟Quinn, the motion failed.

G. Roger Rife, South Grundy District Supervisor commented he would support a

gymnasium in Hurley if the county could afford it. After I‟ve reviewed the treasurer‟s

office report last week, I don‟t want to break the county, stated Mr. Rife. I want to make

sure we can finish this project and have enough funds that we can see it through, he

stated.

J. Carroll Branham, North Grundy District Supervisor stated we have another

item on the agenda to pay off to county debt incurred in 1991 for the early retirement

program for Buchanan County Public School System. This will save the county at least

five (5) percent, he commented.

Robert Craig Horn, County Administrator stated as of now, we have an

unencumbered balance of approximately $1,073,000.00 in Fund 1, Capital Outlay were

the money could come from for the gymnasium. Also, the pay off for the county debt

will have to be paid from the fund balance for the early retirement.

Mr. Adkins commented, “We‟ll never get another price like this again on another

gymnasium.” The next bid for the gymnasium was $142,000.00 more than the one from

Torque. “If the board supports a gymnasium for Hurley, then this is the time for it.”

Jamie Osborne with Terra Tech Engineering Services agreed with Mr. Adkins.

The bid from Torque Enterprises was the lowest bid and the board has only sixty (60)

days from the date of the bid to either accept it or reject it, he stated.

Craig Stiltner, Rocklick District Supervisor asked Mr. Adkins if he would be

using any of his district funds for this project?

Mr. Adkins stated yes, I‟ll be using approximately $31,000.00 from one of the

Knox District accounts. The money from this account will be used to build a gymnasium

instead of the development of the park, he commented. We shouldn‟t have to debate this

issue, he stated.

Mr. Stiltner asked if the bid wasn‟t approved today, could the bid be at least 1/3

higher later?

Mr. Osborne commented yes.

Mr. Horn commented that Torque Enterprises stated they wouldn‟t be interested

on bidding on this project in the future.

Harold H. Fuller, Garden District Supervisor commented, “Look at the big water

projects in Hurley and they have to have matching money.” I can‟t speak for the people

in Hurley, but I feel they would rather have water than a gymnasium, he stated.

Mr. Adkins voiced, “I think it‟s unfair to use public water to base your decision

on, since we‟re dead last to get water in the county.” I don‟t want to debate this issue,

either vote it up or down today, he stated. “It is what it is, if I don‟t get it today, it‟ll be

another day.”

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Mr. Rife stated the next phase for the Hurley Waterline Project has a local match

of $1.1 million, but I‟m committed to building a gym in Hurley. We gave $1 million last

year in local match for the Hurley Waterline Project. “Even though the people think I‟m

against them.” “I‟m committed to building a gymnasium in Hurley, if we can afford to

do it,” he commented.

Mr. Stiltner stated we‟ve have eliminated five (5) positions this year for the

county. “This has saved the county over $400,000.00.”

Mr. Branham commented these funds will likely have to be used to balance the

budget we‟re in right now. “We‟re not going to have enough money just to carry us

through to July.”

Steve O‟Quinn, Prater District Supervisor commented, “I have nothing against

building a gymnasium in Hurley, but we‟ve got to make sure we‟ve got the money to do

it.” The past four (4) months of revenue shows we‟re down. “We need to wait until June

2013,” he stated.

Mr. Adkins commented, “If we wait to build the gymnasium, it will cost an

additional $150,000.00 to $200,000.00.”

Mr. Rife asked if we don‟t accept the bid and we all agree and commit to build a

gymnasium would you accept this? We‟re not saying we‟ll build it tomorrow, but I think

the board would meet this commitment, if we‟re going to vote to do it, he commented.

Mr. Fuller stated, “I don‟t care to wait, if we have the additional money.”

Mr. Osborne commented that Terra Tech didn‟t charge any engineering fees for

the design of the gymnasium.

Mr. Horn stated Tim Riffe, Building Code Inspector will be responsible for all

inspections during the construction of the gymnasium.

Mr. Rife stated, “We have to be responsible.” I don‟t want to take my highways,

streets and bridges funds to build a gymnasium in Hurley, he commented.

Mr. Adkins commented there was a gymnasium in the D.A. Justus Elementary

School before the 2002 flood, which was being used.

Mr. Rife commented I‟d like to know who was responsible and why we didn‟t get

any funding for the school.

Mr. Horn suggested the Hurley gymnasium funding could be included in two (2)

budget years. “We could ask if the start date could be delayed for the construction of the

gymnasium.”

Mr. Osborne stated he would check with Torque to see if this is okay.

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

Craig Stiltner and with a roll call vote of four (4) yeas, Trey Adkins, Craig Stiltner, G.

Roger Rife, William P. Harris and three (3) nays, Steve O‟Quinn, J. Carroll Branham and

Harold H. Fuller, this board did hereby approve the bid from Torque Enterprises, LLC in

the amount of $469,547.94 for the construction for a gymnasium in the Knox Magisterial

District. Torque Construction will be responsible to construct line items 1 – 4 and 33 -36

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of the bid schedule included in the bid. The construction for the gymnasium will not start

until April 2013.

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVING REQUEST FROM HURLEY HIGH

SCHOOL IN THE AMOUNT OF $6,500.00, TO PURCHASE AND

INSTALL INTERIOR CORE CYLINDERS, DEADBOLTS AND

LOCKSETS UPON RECOMMENDATION BY THE CIVIL

RIGHTS DEPT.

This issue was tabled at this time. No action taken.

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVING REQUEST FROM WHITEWOOD

VOLUNTEER FIRE DEPARTMENT FOR MATCHING FUNDS IN

THE AMOUNT OF $6,250.00 FOR THE GRANT RECEIVED

FROM RURAL DEVELOPMENT REGARDING THE PURCHASE

OF NEW DIGITAL RADIOS

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

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

O‟Quinn, J. Carroll Branham, Trey Adkins, Craig Stiltner, G. Roger Rife, William P.

Harris and zero (0) nays, this board did hereby approve to issue a check in the amount of

$6,250.00 to Whitewood Volunteer Fire Department from E-911, account number 67100-

8101 (machinery and equipment) to be used as matching funds regarding the grant

received from Rural Development for the purchase of new digital radios.

―――――――――― 000 ――――――――――

IN RE: BILL KEENE, TREASURER – UPDATE ON SEVERANCE TAXES

Bill Keene, Treasurer stated coal and gas severance tax collection is down

approximately $162,364.27 from September 2012 to October 2012.

Craig Stiltner, Rocklick District Supervisor commented, “No one can predict the

coal market, it‟s up and down.”

Mr. Keene commented, “We live and die on severance taxes in the county.” If

something happens and Consol shuts down, the county will be hurting, he stated.

Mr. Keene stated last fiscal year the county collected around $31 million in

severance taxes. This year we‟ll probably collect around $18 to $19 million considering

the current market conditions, he commented. I‟ve spoken to Consol and other coal

companies, who believe the downturn in the coal market may last approximately a year

and a half, stated Mr. Keene.

G. Roger Rife, South Grundy District Supervisor stated the money collected for

personal property and real estate taxes, pay‟s only the county„s hospitalization.

9639

Mr. Keene stated next fiscal year, if severance tax collections stay the same, the

county will need to cut approximately $10 million from the budget.

―――――――――― 000 ――――――――――

IN RE: CONSIDER APPOINTMENT TO THE BUCHANAN COUNTY

ATV TRAIL COMMITTEE

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

seconded by J. Carroll Branham with a unanimous voice vote by the board, this board did

hereby appoint Craig Stiltner, as representative for the Buchanan County Board of

Supervisors to the Buchanan County ATV Trail committee.

―――――――――― 000 ――――――――――

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

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

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

Virginia Code Section, 2.2-3711 (A)(1), to discuss a personnel issue at the Buchanan

County Administrator‟s Office; Virginia Code Section, 2.2-3711 (A)(7), consultation

with legal counsel regarding abandoned structures; Virginia Code Section, 2.2-

3711(A)(7), consultation with legal counsel regarding the Jewell Valley Right-of-Way

Surface Use Agreements; Virginia Code Section, 2.2-3711(A)(7), consultation with legal

counsel regarding the allocations of funds of the train authority; Virginia Code Section,

2.2-3711 (A)(7), consultation with legal counsel regarding an extension of the Tolling

Agreement with Appalachian Energy; Virginia Code Section, 2.2-3711 (A)(7),

consultation with legal counsel regarding the warranty issues for Whitewood Community

Center; Virginia Code Section, 2.2-3711 (A)(7), consultation with legal counsel

regarding the proposed lease between Buchanan County and Earl Cole concerning the

Jewell Valley Railroad property; Virginia Code Section, 2.2-3711 (A)(7), consultation

with legal counsel concerning the Memorandum of Understanding between Buchanan

County and D. H. Griffith for the disposition of a locomotive on Consol property;

Virginia Code Section, 2.2-3711 (A)(7), consultation with legal counsel concerning the

impounded horse at the Buchanan County Animal Shelter; Virginia Code Section, 2.2-

3711 (A)(7), consultation with legal counsel regarding the letters sent to Congressman

Morgan Griffith and Senator Phillip Puckett, requesting Attorney General‟s Office

opinion on disposition of abandoned bridges and Virginia Code Section, 2.2-3711 (A)(7),

consultation with legal counsel concerning the letter sent to the Attorney General‟s Office

regarding the disposition of default judgments on Rico Case.

――――――――――――――――――――

Motion was made by J. Carroll Branham to return from closed session seconded

by Craig Stiltner and by the following roll call of six (6) yeas, J. Carroll Branham, G.

9640

Roger Rife, William P. Harris, Harold H. Fuller, Steve O‟Quinn, Craig Stiltner, zero (0)

nays and one (1) absent, Trey Adkins.

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

two (2) hours and twelve (12) minutes.

――――――――――――――――――――

A motion by J. Carroll Branham seconded by Harold H. Fuller, with William P.

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

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

with legal counsel concerning the adoption of a Resolution regarding the grant from

DMME for Buchanan County Public School; Virginia Code Section, 2.2-3711 (A)(7),

consultation with legal counsel concerning the Rockwall Curve Project; Virginia Code

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

County Reassessment and Virginia Code Section, 2.2-3711 (A)(7), consultation with

legal counsel concerning county road issues and the procedure to take a road into the

county road system..

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

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

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

The motion was agreed upon by the following roll call vote of six (6) yeas, J.

Carroll Branham, G. Roger Rife, William P. Harris, Harold H. Fuller, Steve O‟Quinn,

Craig Stiltner, zero (0) nays and one (1) absent, Trey Adkins.

―――――――――― 000 ――――――――――

IN RE: LARRY ASHBY, SUPERINTENDENT - CONSIDER ADOPTING A

RESOLUTION TO APPROVE THE CHANGE IN THE PURPOSE

OF THE $2.3 MILLION DOLLAR LOAN WITH THE

DEPARTMENT OF MINES, MINERALS AND ENERGY

Larry Ashby, Superintendent stated the Department of Mines, Minerals and

Energy (DMME) needed clarification regarding the previously letter sent to him on

October 3rd

, 2012. The board approved for Buchanan County Public Schools to proceed

in securing a low interest loan from The Department of Mines, Minerals and Energy

(DMME) for a Geothermal HVAC Energy Saving System for Riverview

Elementary/Middle School, but now we‟ve decided to review a different option.

Mr. Ashby stated once an Energy Services Performance Contract (ESPC) is

approved the company will perform a “Back of the Envelope (BOE) Audit.” The

company for the ESPC would look at everything energy related at Riverview

Elementary/Middle School and at three (3) or four (4) additional schools in the county.

Mr. Ashby stated the first payment on the load through DMME for the

Geothermal HVAC System is due in January 2013, can be deferred up to six (6) months.

9641

Eric Fuller, Maintenance Supervisor for Buchanan County Public Schools stated

this is a free energy audit, which is scheduled to begin on Wednesday. The audit being

conducted will review the water, utilities, lighting and any other ways each school can

save on energy concerns. “This is a really good project,” he commented. We will start

with Riverview Elementary/Middle School, which would be the largest energy saving

school in the county, commented Mr. Fuller.

Mr. Ashby commented once the audit is conducted and everything is analyzed,

the companies will give us a recommendation. If we don‟t go along with the loan from

DMME and we bail out, all we‟ll have to pay is $60,000.00, he stated. The loan can be

either a seven (7) to eight (8) year loan or up to fifteen (15) years. Also, the interest

would vary from 3.0 to 1.9 percent, which would be based upon the number of years for

the loan, he stated.

Robert Craig Horn, County Administrator stated there is $200,000.00 in this

year‟s budget for this project.


by J. Carroll Branham with a roll call vote of six (6) yeas, J. Carroll Branham, G. Roger

Rife, William P. Harris, Harold H. Fuller, Steve O‟Quinn, Craig Stiltner, zero (0) nays

and one (1) absent, Trey Adkins, this board did hereby adopt the following Resolution to

approve the change in the purpose of the $2.3 million dollar loan with the Department of

Mines, Minerals and Energy from the design and implementation of a geothermal heating

project at the Riverview Elementary/Middle School to an Energy Services Performance

Contracting project for the Riverview Elementary/Middle School and possibly other

schools in the Buchanan County Public School System pursuant to a state contract for

ESPC with the Commonwealth of Virginia:

RESOLUTION

RE: CHANGE IN THE PURPOSE OF 2.3 MILLION DOLLAR LOAN WITH

THE VIRGINIA DEPARTMENT OF MINES, MINERAL AND ENERGY

FOR THE BUCHANAN COUNTY PUBLIC SCHOOL SYSTEM

WHEREAS, Buchanan County, Virginia had previously entered into a 2.3 million dollar

loan arrangement with the Virginia Department of Mines, Minerals and Energy (DMME)

for the design and implementation of a geothermal heating system for the Riverview

Elementary/Middle School in Grundy, Va; and

WHEREAS, the Buchanan County Public School System has decided it would be more

effective to change the project from the design and implementation of a geothermal

heating system at the Riverview Elementary/Middle School to an energy services

performance contracting (ESPC) project through a state contract with the Commonwealth

of Virginia that could be utilized at Riverview and possibly other schools in the System;

and

WHEREAS, the Buchanan County Public School System has determined that an ESPC

project to be employed in Riverview Elementary/Middle School and possibly other

schools in the System will be a more effective use of the loan proceeds with a faster

return on investment; and

9642

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

Supervisors does now hereby approve a change in the purpose of the 2.3 million dollar

loan with DMME from the design and implementation of a geothermal heating project at

the Riverview Elementary/Middle School to an Energy Services Performance

Contracting project for the Riverview Elementary/Middle School and possibly other

schools in the Buchanan County Public School System pursuant to a state contract for

ESPC with the Commonwealth of Virginia. The County Administrator is directed to mail a

copy of this resolution to Al Christopher, Virginia Department of Mines, Mineral and Energy,

Washington Building/ 8th Floor, 1100 Bank Street, Richmond, Va. 23219.

Recorded Vote: ______________________________________

Moved by: Harold H. Fuller William P. Harris, Chairman of the

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

Yeas: Six

Nays: zero ATTEST:

Absent: One

_____________________________________


―――――――――― 000 ――――――――――

IN RE: CONSIDER APPROVING TEMPORARY CLOSURE OF SONYA

BRIDGE

After a general discussion by the board upon motion of Steve O‟Quinn seconded

by Harold H. Fuller with a roll call vote of six (6) yeas, J. Carroll Branham, G. Roger

Rife, William P. Harris, Harold H. Fuller, Steve O‟Quinn, Craig Stiltner, zero (0) nays

and one (1) absent, Trey Adkins, this board did hereby approve the closure of Sonya

Bridge (critical) located in the Knox Magisterial District.

―――――――――― 000 ――――――――――

IN RE: MARCUS STILTNER, COAL HAUL ROAD ENGINEER -

CONSIDER ADOPTING A RESOLUTION TO ACCEPT THE

DEED-OF-GIFT FOR WINCHESTER ROAD, LOCATED IN THE

KNOX MAGISTERIAL DISTRICT FROM BETWEEN BETTY

KING HURLEY, WIDOW, MARK ANDREW HURLEY AND

ANDREA HURLEY, HUSBAND AND WIFE AND STEVE LESTER

AND KAREN HURLEY LESTER, HUSBAND AND WIFE TO

BUCHANAN COUNTY, VIRGINIA AND AUTHORIZED,

WILLIAM P. HARRIS, CHAIRMAN OF THE BUCHANAN

COUNTY BOARD OF SUPERVISORS AND ROBERT CRAIG

HORN, COUNTY ADMINISTRATOR FOR BUCHANAN

COUNTY, VIRGINIA TO EXECUTE SUCH DEED ON BEHALF

OF BUCHANAN COUNTY TO ACKNOWLEDGE ITS

ACCEPTANCE OF SUCH PROPERTY WITH THE APPROVAL

AS TO FORM BY THE COUNTY ATTORNEY

Marcus Stiltner, Coal Haul Road Engineer stated Winchester Road, is located in

the Knox Magisterial District. The roadway has been in the coal haul road system since

2004, he stated. “Once the Deed-of-Gift is approved it will clear-up the right-of-way for

the road.”

9643


seconded by Harold H. Fuller with a roll call vote of six (6) yeas, J. Carroll Branham,

William P. Harris, Steve O‟Quinn, G. Roger Rife, Harold H. Fuller, Craig Stiltner, zero

(0) nays and one (1) absent, Trey Adkins, this board did hereby adopt the following

Resolution to accept the Deed-of-Gift for Winchester Road, located in the Knox

Magisterial District from between Betty King Hurley, Widow, Mark Andrew Hurley and

Andrea Hurley, Husband and Wife and Steve Lester and Karen Hurley Lester, Husband

and Wife to Buchanan County, Virginia and authorized, William P. Harris, Chairman of

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

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

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

form by the County Attorney:

RESOLUTION

IN RE: ACCEPTANCE OF DEED OF GIFT FROM BETTY KING HURLEY,

WIDOW, MARK ANDREW HURLEY AND ANDREA HURLEY, HUSBAND

AND WIFE AND STEVE LESTER AND KAREN HURLEY LESTER, HUSBAND

AND WIFE TO BUCHANAN COUNTY, VIRGINIA REGARDING

WINCHESTER ROAD LOCATED IN THE

KNOX MAGISTERIAL DISTRICT

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

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

between Betty King Hurley, Widow, Mark Andrew Hurley and Andrea Hurley, Husband

and Wife and Steve Lester and Karen Hurley Lester, Husband and Wife to Buchanan

County, Virginia and authorized, William P. Harris, Chairman of the Buchanan County

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

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

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

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

this the 3rd

day of December, 2012 by a roll call vote of six for and zero against.

_________________________________



ATTEST:

_________________________________________


THIS DEED OF GIFT, made and entered into on this the 3rd

day of December, 2012, by

and between BETTY KING HURLEY, widow, STEVE LESTER & KAREN

HURLEY LESTER, husband and wife, MARK ANDREW HURLEY & ANDREA

HURLEY, husband and wife, hereinafter sometimes referred to as “GRANTORS”,

9644

and BUCHANAN COUNTY, VIRGINIA, a Political Subdivision of the

Commonwealth of Virginia, hereinafter sometimes referred to as “GRANTEE”.

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

W I T N E S S E T H:

WHEREAS, the Grantee wishes to maintain a bridge including turn around area

which is a part of the public road in the Knox Magisterial District for the traveling

public, named Winchester Road, County Road # 2167; and

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

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

bridge with turnaround area which is part of the public road known as Winchester Road,

County Road # 2167, and;

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

providing a bridge with turnaround area which is part of a public road known as

Winchester Road, County Road # 2167 for use of the traveling public, the Grantors do

hereby give, donate, grant and convey unto the Grantee, WITH GENERAL

WARRANTY AND ENGLISH COVENANTS OF TITLE , all their right, title and

interest in and to all of those certain tracts or parcels of land situate in the Knox

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

property which were acquired by the Grantors as set out in the sources of title herein, and

being more particularly bounded and described as follows:

BEGINNING at a point on the Western right-of-way of Route 643, Hurley Road, said

point has an approximate Virginia State Plane South Zone NAD 1983 Coordinate value

of N=3694208.684 and E=10463026.667; thence leavings said right-of-way and crossing

Knox Creek S 69°26'29" W a distance of 53.14' to a point; thence N 20°33'31" W a

distance of 10.00' to a point; thence S 69°26'29" W a distance of 10.00' to a point; thence

S 20°33'31" E a distance of 10.00' to a point; thence S 69°26'29" W a distance of 20.00'

to a point; thence N 20°33'31" W a distance of 40.00' to a point; thence N 69°26'29" E a

distance of 20.00' to a point; thence S 20°33'31" E a distance of 10.00' to a point; thence

N 69°26'29" E a distance of 10.00' to a point; thence N 20°33'31" W a distance of 10.00'

to a point; thence crossing Knox Creek N 69°26'29" E a distance of 52.72' to a point on

the Western right-of-way of Route 643; thence up and with said Western right-of-way S

21°09'07" E a distance of 40.00'; to the point of beginning, having an area of 3117.21

square feet, 0.072 acres more or less.

Source of Title provisions set forth herein; and more fully described in a plat of survey

prepared by William M. Ramey, L.S., Virginia License No. 002265, and dated August

29, 2012 being entitled “PLAT SHOWING THE LOCATION OF AN EXISTING

BRIDGE AND A PROPOSED TURN AROUND AREA AND CONSISTING OF A 40‟

RIGHT-OF-WAY FOR SAID BRIDGE AND A 20‟ x 40‟ RIGHT-OF-WAY FOR A

TURNING AREA”, a copy of said plat is made a part hereof by reference.

Source and title for grantors: Karen Hurley Lester and Mark Andrew Hurley acquired the

land affected by this deed by a deed recorded as Instrument # 070000844, with the

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Grantors, Andrew Hurley (deceased) and Betty King Hurley retaining a life estate in said

property. The listed conveyance is of record in the Clerk‟s Office of the Circuit Court of

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

reference is made to the recorded deed.

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

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

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

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

public transportation purposes. Said permanent easement will be utilized for

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

the work to be performed.

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

relocate and maintain any creek, drain, drainage ditch or other drainage facilities that may

exist on the lands of the Grantors or that may be needed or convenient for the proper and

adequate drainage of the aforesaid road and surrounding property and/or location,

construction, reconstruction or other improvement of a road within the property to be

conveyed.

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

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

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

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

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

conveyed for the relocation, construction, operation and maintenance of said facilities.

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

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

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

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

and further assurances of title as may be requisite.

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

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

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

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

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

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

That on the 3rd

day of December, 2012, the Buchanan County Board of Supervisors, at a

duly held meeting of the Board, approved the acquisition of the property described herein

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

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

Buchanan County Board of Supervisors has authorized this property acquisition.

9646

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

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

―――――――――― 000 ――――――――――

IN RE: ERIN MCFARLAND WITH BLUE RIDGE MASS APPRAISAL

CO., LLC. – UPDATE ON THE COUNTY REASSESSMENT

Erin McFarland with Blue Ridge Mass Appraisal Company, LLC stated there

have been approximately 2,600 parcels assessed last month in the county. Blue Ridge

Mass Appraisal Company laid off the employees that were working on the reassessment

in the county last week. “We have employees working for Blue Ridge that can spread

throughout the county to get it done,” he stated.

Ruth Horn, Commissioner of Revenue stated as of today there have been 21,123

parcels assessed in the county. That will leave about 5,000 more parcels to be assessed,

she stated.

Mr. McFarland commented according to my records, there have been 23,000 to

23,500 parcels assessed. We need to assess about 1,500 parcels to be finished.

Harold H. Fuller, Garden District Supervisor stated he‟d been told by several

residents that no one has contacted them about the reassessment.

Mr. McFarland stated sometimes the residents don‟t know anyone has been there.

Ms. Horn asked if Blue Ridge is taking pictures and measuring the homes?

Mr. McFarland stated yes, both only if an addition has been done since the last

reassessment or the sketch is not correct.

G. Roger Rife, South Grundy District Supervisor asked what Blue Ridge was

assessing a one (1) acre home site?

Mr. McFarland stated a one (1) acre home site is assessed at $5,000.00. Once, all

the real estate is entered into the system, Blue Ridge will provide an estimate amount for

real estate in the county, he stated. All the field work should be completed by the end of

the month, stated Mr. McFarland.

L. Lee Moise, County Attorney stated the Buchanan County Circuit Court Judge

approved an extension for Blue Ridge Mass Appraisal, Co. to complete the reassessment

until the end of March 2013.

Ms. Horn stated once the reassessment is completed, the commissioner of

revenues office will receive all the maps, data and software, which was included in the

contract with Blue Ridge.

Mr. Rife stated, “It will take a long time for the equalization board to get their job

done.” We need a standard number or we can‟t do an appraisal.

Mr. Fuller commented if you pay $50,000.00 for property, then it should be worth

$50,000.00

9647

Mr. Rife commented, once the reassessment is completed, property owners will

compare the assessed values with each other. We‟ll end up having to raise taxes to bring

in some revenue, he stated.

Craig Stiltner, Rocklick District Supervisor commented the price of property has

increased, since the law school and pharmacy school have been opened.

Mr. Rife stated it‟s hard to adjust in raising the property taxes, but sooner or later

we‟re going to have to do it. “We could raise property taxes ten (10) times and it still

won‟t equal our coal and gas severance tax.”

Mr. Fuller asked what Blue Ridge was charging the cost do conduct the

reassessment?

Ms. Horn commented $428,450.00 including the mineral.

Mr. McFarland stated all former employees are supposed to turn in all their

paperwork and supplies on Tuesday.

Mr. Fuller stated we may need to hold up payment until we see how much has

been done.

William P. Harris, Chairman thanked Mr. McFarland for the update on the

reassessment.

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IN RE: CONSIDER ADOPTING A RESOLUTION AND AN

APPOINTMENT TO THE BREAKS REGIONAL AIRPORT

AUTHORITY

After a general discussion by the board upon motion of G. Roger Rife seconded

by Harold H. Fuller with a roll call vote of six (6) yeas, G. Roger Rife, Steve O‟Quinn,

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

one (1) absent, Trey Adkins, this board did hereby adopt the following Resolution and

appointed Scotty Wampler to the Breaks Regional Airport Authority:

RESOLUTION

IN RE: APPOINTMENTS TO THE BREAKS REGIONAL

AIRPORT AUTHORITY

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

Gerald Arrington is appointed to the Board of Directors for the Breaks Regional Airport

Authority for a four (4) year term, effective November 5, 2010. FURTHERMORE, BE IT

RESOLVED, by the Buchanan County, Virginia Board of Supervisors that Scotty Wampler is

hereby appointed to the Board of Directors for the Breaks Regional Airport Authority to serve

the unexpired term of C. Frankie Landreth, effective until November 4th, 2013.

The County Administrator is directed to send a copy of this resolution to the Town

Manager of the Town of Grundy, Va.

This Resolution was adopted by the Buchanan County Board of Supervisors on t h i s

t h e 3r d

d a y o f D e c e m b e r , 2012.

9648

Recorded vote: ___________________________________

Moved: G. Roger Rife William P. Harris, Chairman

Seconded: Harold H. Fuller Buchanan County Board of Supervisors

Yeas: Six

Nays: Zero

Absent: One

ATTEST:

_____________________________________


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IN RE: CONSIDER APPROVING ADDITIONAL APPROPRIATIONS


Harold H. Fuller with a roll call vote of six (6) yeas, G. Roger Rife, Steve O‟Quinn,


one (1) absent, Trey Adkins, this board did hereby approve the following additional

appropriations:

Additional appropriation to Hurricane District Park and Recreation,

account number 71040-5604-02 in the amount of $513.20;

Additional appropriation to Hurricane District Park and Recreation,

account number 71040-5604-02 in the amount of $150.00;

Additional appropriation to WPH Community Center, account number

71040-7010-02 in the amount of $1,029.00;

Additional appropriation to Animal Shelter, (food supplies), F 10, account

number 35010-6602 in the amount of $860.00;

Additional appropriation to Extension Office, (projects and contests),

account number 83010-6025 in the amount of $35.35;

Additional appropriation to South Grundy District Park and Development

account number 71060-7010-05 in the amount of $3,345.00;

Additional appropriation to Treasurer‟s Office (office supplies) account

number 12130-6001 in the amount of $84.50;

Additional appropriation to Circuit Court Clerk‟s Office, (copy supplies)

account number 21060-3320 in the amount of $205.51.

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IN RE: CONSIDER APPROVING TO ISSUE PAYMENT FOR COYOTE

CLAIMS


by Craig Stiltner with a roll call vote of five (5) yeas, Steve O‟Quinn, Harold H. Fuller,

Craig Stiltner, J. Carroll Branham, William P. Harris, zero (0) nays, one (1) abstention,

9649

G. Roger Rife and one (1) absent, Trey Adkins, this board did hereby approve to issue

payment in the amount of $50.00 for the following coyote bounty claims from Livestock

Claim account (035010-8104) to issue payment for the following coyote claims:

Herman Lester

Noah Phipps

Billy Owens

Donna Street

Chandler Cordan

Chris Wolford (5 claims)

Shannon Blankenship

Greg Rife

Jarrod C. Ratliff

Tony Viers

Curtis Crouse

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IN RE: CONSIDER ADOPTING A RESOLUTION AND A ADDITIONAL

BUDGET APPROPRIATION IN THE AMOUNT OF $1,032,516.84

REGARDING THE PRE-PAYMENT OF THE 1998 COUNTY

BONDS THAT WERE INITIALLY ISSUED TO REFINANCE THE

1991 EARLY RETIREMENT LIABILITY OF BUCHANAN

COUNTY SCHOOL TEACHERS


seconded by G. Roger Rife with a roll call vote of five (5) yeas, Harold H. Fuller, G.

Roger Rife, William P. Harris, Craig Stiltner, J. Carroll Branham, zero (0) nays, one (1)

abstention, Steve O‟Quinn, he stated this was due to retiring under the school systems

early retirement program and one (1) absent, Trey Adkins, this board did hereby adopt

the following Resolution and a additional budget appropriation in the amount of

$1,032,516.84 regarding the pre-payment of the 1998 county bonds that were initially

issued to refinance the 1991 early retirement liability of Buchanan County School

Teachers:

RESOLUTION

IN RE: PRE-PAYMENT OF 1998 COUNTY BONDS THAT WERE INITIALLY

ISSUED TO REFINANCE THE 1991 EARLY RETIREMENT LIABILITY

OF BUCHANAN COUNTY SCHOOL TEACHERS

WHEREAS, in 1998 the County caused to be issued bonds to refinance the liability incurred

in 1991

for the early retirement program for teachers in the Buchanan County Public School System;

and

WHEREAS, the current loan balance on the bonds stands at $1,032,516.84 and bears interest

at 6.605%; and

WHEREAS, the County is not earning anything near 6.605% interest on its deposits; and

9650

WHEREAS, even with a pre-payment penalty, the County will save approximately

$156,000.00 by

paying the bonds off early; and

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

that it hereby authorizes the early pay-off of the 1998 County bonds that were initially issued to

refinance the 1991 liability for the early retirement program for the Buchanan County Public

School System in the amount of $1,035,000.00 plus any costs associated with same. The County

Administrator and Treasurer are directed to take the appropriate action to effectuate this

resolution.

This Resolution was adopted by the Buchanan County Board of Supervisors on t h i s t h e

3r d

d a y o f D e c e m b e r 2012.

Recorded vote: ____________________________________

Moved: J. Carroll Branham William P. Harris, Chairman

Seconded: G. Roger Rife Buchanan County Board of Supervisors.

Yeas: Five

Nays: Zero ATTEST:

Abstention: One

____________________________________


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IN RE: CONSIDER APPROVAL TO APPROPRIATE THE $1,032,516.84

TO FUND 1, MISCELLANEOUS EXPENSE


seconded by G. Roger Rife with a roll call vote of five (5) yeas, Harold H. Fuller, G.

Roger Rife, William P. Harris, Craig Stiltner, J. Carroll Branham, zero (0) nays, one (1)

abstention, Steve O‟Quinn, he stated this was due to retiring under the school systems

early retirement program and one (1) absent, Trey Adkins, this board did hereby approve

to appropriate the $1,032,516.84 to Fund 1, Miscellaneous Expense account number

92000-5899.

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IN RE: CONSIDER SCHEDULING A PUBLIC HEARING TO HEAR

PUBLIC COMMENTS CONCERNING ADDITIONAL

APPROPRIATIONS WHICH HAVE BEEN MADE TO THE

BUCHANAN COUNTY’S BUDGET FOR THE FISCAL YEAR

2012/2013 AS OF DECEMBER 3RD

, 2012


by J. Carroll Branham with a roll call vote of six (6) yeas, G. Roger Rife, Steve

O‟Quinn, Harold H. Fuller, Craig Stiltner, J. Carroll Branham, William P. Harris, zero (0)

nays and one (1) absent, Trey Adkins, this board did hereby approve to schedule a public

hearing for Monday the 7th day of January 2013, at 10:30 o‟clock a.m., to hear public

comments concerning additional appropriations which have been made to the Buchanan

County‟s budget for the fiscal year 2012/2013 as of December 3rd

, 2012.

9651

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IN RE: CONSIDER APPROVING NEW AND/OR UPDATED VENDOR

SERVICE AGREEMENTS


by J. Carroll Branham with a unanimous voice vote by the board, this board did hereby

approve the following new and/or updated Vendor Service Agreements (VSA), including

a Vendor Service Agreement from Chance Moore:

Bob's Body Shop Bobby Taylor

Charles Garage & Wrecker Service Betty Charles

Jimmy L. Billiter

Cline Construction Brittany Cline

E L & G Enterprises, Inc. George Lester

Looney's Trucking & Co. Bobby Looney

P & T Trucking Paul McGlothlin

Shiana Trucking Co., Inc. Danny Ray Justus

T & V Contracting Timothy Stevens

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IN RE: CONSIDER APPOINTMENT AND/OR REAPPOINTMENT TO

THE CUMBERLAND MOUNTAIN COMMUNITY SERVICES

BOARD OF DIRECTORS


seconded by Steve O‟Quinn and with a roll call vote of six (6) yeas, G. Roger Rife, Steve


nays and one (1) absent, Trey Adkins, this board did hereby reappointed Patricia Mounts

to the Cumberland Mountain Community Services Board of Directors for a two (2) year

term ending December 31, 2015.

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IN RE: CONSIDER APPOINTMENTS TO THE BUCHANAN COUNTY

DEPARTMENT OF SOCIAL SERVICES ADMINISTRATIVE

BOARD FOR THE NORTH GRUNDY, KNOX AND ROCKLICK

MAGISTERIAL DISTRICTS


seconded by Steve O‟Quinn with a unanimous voice vote by the board, this board did

hereby reappoint Albert Childress, representative for the North Grundy District for a four

year term ending January 2017 and appointed Katie Wysor, representative for the

Rocklick District to fill the unexpired term of Larry Stiltner until January 2014 to the

Buchanan County Department of Social Services Administrative Board of Directors.

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9652

IN RE: CONSIDER APPROVING AN ADDITIONAL APPROPRIATION

IN THE AMOUNT OF $5,000.00 TO EMERGENCY SERVICES,

(ALL-HAZARD PLANNING GRANT) ACCOUNT NUMBER 35050-

3120 FOR A GRANT RECEIVED FROM THE DEPT. OF

EMERGENCY SERVICES


seconded by Steve O‟Quinn and with a roll call vote of six (6) yeas, G. Roger Rife, Steve


nays and one (1) absent, Trey Adkins, this board did hereby approve an additional

appropriation in the amount of $5,000.00 to Emergency Services, (All-Hazard Planning

Grant) account number 35050-3120 for a grant received from the Dept. of Emergency

Services.

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IN RE: CONSIDER APPROVING A BUDGET APPROPRIATION TO

ACCOUNT NUMBER 92100-5839 (TOWN FINES AND INTEREST)

IN THE AMOUNT OF $695.00 FOR REVENUE FROM THE

COURT SYSTEM


seconded by Harold H. Fuller with a roll call vote of six (6) yeas, G. Roger Rife, Steve


nays and one (1) absent, Trey Adkins, this board did hereby approve a budget

appropriation to account number 92100-5839 (Town Fines and Interest) in the amount of

$695.00 for revenue from the court system.

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IN RE: CONSIDER APPROVING A DONATION TO COUNCIL HIGH

SCHOOL IN THE AMOUNT OF $4,800.00 TO UPGRADE THE

TELEPHONE SYSTEM AT THE SCHOOL

This issue was tabled, no action taken at this time.

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IN RE: CONSIDER APPROVING CONTRIBUTION/S


seconded by Craig Stiltner with a roll call vote of six (6) yeas, G. Roger Rife, Steve


nays and one (1) absent, Trey Adkins, this board did hereby approve the following

contributions:

Hurley High School (Regional Games at Rural Retreat) $1,000.00

Hurley Elem./Middle School (Christmas Dinner) $ 750.00

Hurley Volunteer Fire Dept. (repairs to building) $6,000.00

Twin Valley High School (Special Ed. Dept.) $ 600.00

9653

Grundy High School (T-shirts) $2,450.00

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IN RE: CONSIDER RATIFYING THE PAYMENT BILLS BY

RESOLUTION ADOPTED ON MAY 7TH

, 2012. (INCLUDING THE

BUCHANAN COUNTY HEAD START RATIFIED BILL LIST AND

BILL LIST)

After a general discussion by the board upon motion of G. Roger Rif seconded by

J. Carroll Branham with a roll call vote of six (6) yeas, G. Roger Rife, Steve O‟Quinn,


one (1) absent, Trey Adkins, this board did hereby ratify the payment bills by Resolution

adopted on May 7th, 2012. (Including the Buchanan County Head Start ratified bill list

and bill list)

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IN RE: CONSIDER RATIFYING PAYROLL AFTER REVIEW


by J. Carroll Branham with a roll call vote of six (6) yeas, G. Roger Rife, Steve O‟Quinn,


one (1) absent, Trey Adkins, this board did hereby ratify the payroll after review.

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IN RE: CONSIDER APPROVING AN EXTENSION OF TOLLING

AGREEMENT WITH APPALACHIAN ENERGY AND

AUTHORIZE WILLIAM P. HARRIS, CHAIRMAN OF THE

BUCHANAN COUNTY BOARD OF SUPERVISORS AND

ROBERT CRAIG HORN, COUNTY ADMINISTRATOR FOR

BUCHANAN COUNTY, VIRGINIA TO EXECUTE THE

EXTENSION OF TOLLING AGREEMENT ON BEHALF OF

BUCHANAN COUNTY WITH THE APPROVAL AS TO FORM BY

THE COUNTY ATTORNEY


seconded by Harold H. Fuller and with a roll call vote of six (6) yeas, G. Roger Rife,

Steve O‟Quinn, Harold H. Fuller, Craig Stiltner, J. Carroll Branham, William P. Harris,

zero (0) nays and one (1) absent, Trey Adkins, this board did hereby approve the

following Extension of Tolling Agreement between Appalachian Energy, Inc. and

Buchanan County:

EXTENSION OF TOLLING AGREEMENT

This Extension of Tolling Agreement is made and entered into effective as of the

3rd

day of December, 2012, by and between Appalachian Energy, Inc. (hereinafter

“Appalachian”) and Buchanan County (hereinafter “County”):

9654

WHEREAS Appalachian and the County entered into a Tolling Agreement (the

“Agreement”) on December 28, 2011, (a copy of which is attached hereto as Exhibit A),

and;

WHEREAS, Appalachian and the County have not resolved the issues described

in the Agreement and;

WHEREAS, Appalachian and the County desire to extend the Agreement to allow

them to continue productive discussions regarding the issues described in the Agreement.

NOW, THEREFORE, in consideration of the mutual promises of the parties

contained in the Agreement, the parties hereby agree as follows:

1. The Agreement shall remain in full force and effect and shall be extended

pursuant to paragraph 2 below.

2. Unless terminated or extended in a writing signed by the parties, the

parties agree that the Agreement is extended and will expire upon the earlier of December

28, 2013, or sixty (60) days after either party provides written notice to the other party of

termination of the Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Extension of

Tolling Agreement effective as of the date first above written.

APPALACHIAN ENERGY, INC.

By:

Frank D. Henderson, President

BUCHANAN COUNTY

By: __________________________

William P. Harris, Chairman

By:

Robert Craig Horn,


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IN RE: CONSIDER APPROVING TO ADVERTISE FOR SEALED BIDS

ON A HORSE RECENTLY IMPOUNDED BY ANIMAL CONTROL


by J. Carroll Branham and with a roll call vote of six (6) yeas, G. Roger Rife, Steve


nays and one (1) absent, Trey Adkins, this board did hereby authorize the County

Attorney to advertise for sealed bids for the sale of a horse recently impounded by

Buchanan County Animal Control.

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9655

IN RE: CONSIDER APPROVING TO SCHEDULE A PUBLIC MEETING

FOR THURSDAY, DECEMBER 13TH

AT 6:00 P.M., TO ALLOW

THE ATV COMMITTEE APPOINTED BY THE BOARD TO

HEAR PUBLIC COMMENTS REGARDING THE AMENDED

ORDINANCE ENTITLED: “USE OF OFF-ROAD

RECREATIONAL VEHICLES ON PUBLIC ROADS.”


by Steve O‟Quinn with a unanimous voice vote by the board, this board did hereby

approve to schedule a public meeting for Thursday, December 13th

at 6:00 p.m., to

allow the ATV Committee appointed by the board to hear public comments regarding the

amended Ordinance entitled: “Use of Off-Road Recreational Vehicles on Public Roads.”

This meeting will be held in the General District Courtroom on third floor of the

courthouse.

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IN RE: CONSIDER APPROVING THE MINUTES FOR NOVEMBER 5TH

,

2012


seconded by Harold H. Fuller and with a roll call vote of six (6) yeas, G. Roger Rife,

Steve O‟Quinn, Harold H. Fuller, Craig Stiltner, J. Carroll Branham, William P. Harris,

zero (0) nays and one (1) absent, Trey Adkins, this board did hereby approve the minutes

for November 5th, 2012.

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IN RE: CONSIDER APPROVING A TRANSFER FROM THE

ELECTORAL BOARD TO VOTING MACHINE




nays and one (1) absent, Trey Adkins, this board did hereby approve a transfer in the

amount of $200.00 from the Electoral Board account number 13010-3100 (professional

services) to Voting Machine account number 13040-8101 (machine/ballots).

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IN RE: CONSIDER APPROVING A TRANSFER FROM HURRICANE

DISTRICT PARK AND RECREATION TO GENERAL

PROPERTIES EARMARKED FOR A SALARY INCREASE FOR

EVELYN COMPTON AND TRISH NUCKLES, EMPLOYEES AT

THE WILLIAM P. HARRIS PARK


by Craig Stiltner with a roll call vote of six (6) yeas, G. Roger Rife, Steve O‟Quinn,


9656

one (1) absent, Trey Adkins, this board did hereby approve to transfer $6,000.00 from

Hurricane District Park and Recreation account number 71040-5604-02 to General

Properties, (Salaries and Wages) account number 43020-1150. These funds will be used

for a salary increase for Evelyn Compton and Trish Nuckles, employees at the William P.

Harris Park in the amount of $3,000.00 each.

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IN RE: CONSIDER APPROVING A SALARY INCREASE FOR RICHARD

LEE, LITTER CONTROL OFFICER


seconded by Craig Stiltner with a roll call vote of six (6) yeas, G. Roger Rife, Steve


nays and one (1) absent, Trey Adkins, this board did hereby approve a $8,000.00 salary

increase for Richard Lee, Litter Control Officer. Mr. Lee will assume the duties of Jerry

Ward, due to Mr. Ward‟s recent retirement.

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IN RE: CONSIDER APPROVING A SALARY INCREASE FOR JEFF

RASNAKE

After a general discussion by the board upon motion of G. Roger Rife seconded



one (1) absent, Trey Adkins, this board did hereby approve to increase Jeff Rasnake

salary to $42,917.10.

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IN RE: CONSIDER APPROVING TO APPOINT CHRIS CLINE AS

EMERGENCY SERVICES COORDINATOR


Steve O‟Quinn with a roll call vote of six (6) yeas, G. Roger Rife, Steve O‟Quinn, Harold

H. Fuller, Craig Stiltner, J. Carroll Branham, William P. Harris, zero (0) nays and one (1)

absent, Trey Adkins, this board did hereby appoint Chris Cline as Emergency Services

Coordinator to replace Jerry Ward. Also, Mr. Cline is not eligible for any overtime for

this appointment.

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9657

IN RE: CONSIDER APPROVING TO TRANSFER RANDALL LESTER,

COURTHOUSE SECURITY FROM CIRCUIT COURT JUDGE’S

OFFICE TO COMMONWEALTH ATTORNEY’S OFFICE



O‟Quinn, Harold H. Fuller, Craig Stiltner, J. Carroll Branham, William P. Harris, zero

(0) nays and one (1) absent, Trey Adkins, this board did hereby approve to transfer

Randall Lester, Courthouse Security from Circuit Court Judge‟s Office to

Commonwealth Attorney‟s Office.

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IN RE: CONSIDER AUTHORIZING THE COUNTY ATTORNEY TO

FILE A COMPLAINT AGAINST THE FOLLOWING

INDIVIDUALS IN THE BUCHANAN COUNTY CIRCUIT COURT

CLERK’S OFFICE REGARDING THE REMOVAL OF AN

ABANDONED/DANGEROUS STRUCTURE LOCATED IN

BUCHANAN COUNTY


Harold H. Fuller with a roll call vote of six (6) yeas, G. Roger Rife, Steve O‟Quinn,


one (1) absent, Trey Adkins, this board did hereby authorize the County Attorney to file a

Complaint against the following individuals in the Buchanan County Circuit Court

Clerk‟s Office regarding the removal of an abandoned/dangerous structure located in

Buchanan County:

Earl Harold McCoy, house located on State Route 642, Roseann Road, beside M

& M Market; Hurley, Virginia;

Sammie & Sharon Ratliff, house on left-side of roadway below 6 & 20 Mile

Branch, Grundy, Virginia;

Millie Hall & Roberta Hunt Hall, block house located at Hurley, Virginia.

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IN RE: CONSIDER APPROVING THE THREE (3) SURFACE USE

RIGHT-OF-WAY AGREEMENTS BETWEEN BUCHANAN

COUNTY AND CNX GAS COMPANY, LLC AND ONE (1)

SURFACE USE RIGHT-OF-WAY AGREEMENT BETWEEN

BUCHANAN COUNTY AND GEOMET REGARDING THE

JEWELL VALLEY PROPERTY


by J. Carroll Branham with a roll call vote of six (6) yeas, G. Roger Rife, Steve O‟Quinn,


one (1) absent, Trey Adkins, this board did hereby approve the three (3) Surface Use

Right-of-Way Agreements between Buchanan County and CNX Gas Company, LLC and

9658

one (1) Surface Use Right-of-Way Agreement between Buchanan County and GeoMet

regarding the Jewell Valley Property located in the Garden Magisterial District and

approved that all funds from these agreements be appropriated to the Garden District

Park and Development account.

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IN RE: CONSIDER APPROVING AN ADDITIONAL BUDGET

APPROPRIATION TO GARDEN DISTRICT PARK AND

RECREATION IN THE AMOUNT OF $3,791.85, WHICH

REPRESENTS SALARY DONATED TO THE BUCHANAN

COUNTY TRAIN AUTHORITY FROM HAROLD H. FULLER

POSITION AS SUPERVISOR IN 2007 AND WAS NEVER

TRANSFERRED TO THE TRAIN AUTHORITY




one (1) absent, Trey Adkins, this board did hereby approve an additional budget

appropriation to Garden District Park and Recreation account number 71040-5604-01 in

the amount of $3,791.85, which represents salary donated to the Buchanan County Train

Authority from Harold H. Fuller position as supervisor in 2007 and was never transferred

to the Train Authority.

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IN RE: CONSIDER APPROVAL TO AUTHORIZE THE COUNTY

ATTORNEY TO FILE A LAW SUIT, IF NECESSARY IN THE

BUCHANAN COUNTY CIRCUIT COURT AGAINST WGIB, INC.

REGARDING THE WARRANTY ISSUES WITH THE NEW

WHITEWOOD COMMUNITY CENTER BUILDING


by Steve O‟Quinn with a roll call vote of six (6) yeas, G. Roger Rife, Steve O‟Quinn,


one (1) absent, Trey Adkins, this board did hereby authorize the County Attorney to file

a law suit, if necessary in the Buchanan County Circuit Court against WGIB, Inc.

regarding the warranty issues with the new Whitewood Community Center building.

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IN RE: CONSIDER SCHEDULING A PUBLIC HEARING FOR MONDAY,

JANUARY 7TH

, 2013 AT 10:45 A.M. TO HEAR PUBLIC

COMMENTS REGARDING THE PROPOSED LEASE

AGREEMENT BETWEEN BUCHANAN COUNTY AND EARL

COLE REGARDING THE JEWELL VALLEY PROPERTY

LOCATED IN THE GARDEN MAGISTERIAL DISTRICT


by Steve O‟Quinn with a roll call vote of six (6) yeas, G. Roger Rife, Steve O‟Quinn,

9659


one (1) absent, Trey Adkins, this board did hereby approve to set a public hearing for

Monday, January 7th

, 2013 at 10:45 a.m. to hear public comments regarding the proposed

Lease Agreement between Buchanan County and Earl Cole regarding the Jewell Valley

Property located in the Garden Magisterial District.

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IN RE: CONSIDER APPROVAL TO AUTHORIZE THE ENTRY INTO A

MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN D. H.

GRIFFITH REGARDING THE DISPOSAL OF THE

LOCOMOTIVE


seconded by Craig Stiltner with a roll call vote of six (6) yeas, , G. Roger Rife, Steve

O‟Quinn, Harold H. Fuller, Craig Stiltner, J. Carroll Branham, William P. Harris, zero

(0) nays and one (1) absent, Trey Adkins, this board did hereby authorize the entry into a

Memorandum of Understanding (MOU) between D. H. Griffith regarding the disposal of

the locomotive that had been donated to the Train Authority by Consol and subsequently

transferred to the Board of Supervisors. Furthermore, the Chairman and County

Administrator are hereby authorized to execute said MOU in a form approved by the

County Attorney.

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IN RE: ADJOURNMENT

Upon motion of J. Carroll Branham seconded by Steve O‟Quinn and with a

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

meeting.

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MINUTES - Buchanan County Online · MINUTES A regular meeting of the Buchanan County Board of...

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Transcript of MINUTES - Buchanan County Online · MINUTES A regular meeting of the Buchanan County Board of...