MINUTES. J. Carroll Branham

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1 MINUTES A regular meeting of the Buchanan County Board of Supervisors was held on the 1 st day of October 2018 starting at 6:00 o clock p.m. in the Board of Supervisors Meeting Room, 3 rd floor of the Buchanan County Government Center, 4447 Slate Creek Road, Grundy, Virginia PRESENT: G. Roger Rife Harold H. Fuller William P. Harris Craig Stiltner Earl Scott Trey Adkins Robert Craig Horn, County Administrator L. Lee Moise, County Attorney ABSENT: J. Carroll Branham The meeting was called to order with Prayer and Pledge of Allegiance. CONSIDER APPROVING MINUTES FOR BOARD OF SUPERVISORS MEETING ON SEPTEMBER 10 th, 2018 After a general discussion by the board upon motion by William P. Harris seconded by Earl Scott and with a roll call vote of six (6) yeas, Earl Scott, Craig Stiltner, Harold H. Fuller, William P. Harris, G. Roger Rife, J. Carroll Branham, zero (0) nays, one (1) absent, J. Carroll Branham, this board did hereby approve the minutes for September 10 th, JOHN WATSON, VDOT REPRESENTATIVE Jason Cole, Representative for the Virginia Department of Transportation stated John Watson wasn t available to attend today s meeting. He requested the board to consider approving the Resolution for highway system changes resulting from construction of Virginia Department of Transportation Project at Route 624, Garden Creek Road. After a general discussion by the board upon motion by Craig Stiltner seconded by Harold H. Fuller and with a roll call vote of six (6) yeas, Craig Stiltner, Harold H. Fuller, Earl Scott, G. Roger Rife, Trey Adkins, William P. Harris, zero (0) nays and one (1) absent, J. Carroll Branham, this board did hereby adopt the following Resolution for 13287

2 highway system changes resulting from construction of Virginia Department of Transportation Project at Route 624, Garden Creek Road. The Board of Supervisors of Buchanan County, in regular meeting on the 1 st day of October 2018, adopted the following: RESOLUTION FOR HIGHWAY SYSTEM CHANGES RESULTING FROM THE CONSTRUCTION OF VIRGINIA DEPARTMENT OF TRANSPORTATION PROJECT , C501 WHEREAS, the Virginia Department of Transportation has constructed Route 624, Garden Creek Road, on a new alignment under Project(s) , C501, and WHEREAS, the project sketch and VDOT Form(s) AM4.3, attached and incorporated herein as a part of this resolution, defines adjustments required in the secondary systems of state highways as a result of that construction, and WHEREAS, the new road serves the same citizens as served by those portions of old road identified on the project sketch and VDOT Form(s) AM4.3 to be abandoned, which portions no longer serve a public need, and WHEREAS, the portion(s) of old road identified to be discontinued are deemed by the Virginia Department of Transportation to longer provide a public convenience sufficient to warrant maintenance at public expense as a part of the secondary system of state highways, and NOW, THEREFORE, BE IT RESOLVED, this Board hereby requests the Virginia Department of Transportation to abandon segments D-E, E-F, F-G, G-H, I-J, K-L, and N- O from the secondary system of state highways, pursuant to of the Code of Virginia, and BE IT FURTHER RESOLVED, this Board requests the Virginia Department of Transportation to add segments D-E, E-F, F-G, G-H, H-I, I-J, J-K, K-L, L-M and N-O to the secondary system of state highways, pursuant to of the Code of Virginia, for which sections this Board hereby guarantees the right of way to be clear and unrestricted, including any necessary easements for cuts, fills, and drainage; and BE IT FURTHER RESOLVED, this Board concurs with and supports the action of the Commonwealth Transportation Board to discontinue segment(s) H-I and L-M as a part of the secondary system of state highways, pursuant to of the Code of Virginia, and BE IT FURTHER RESOLVED, this Board requests that segment(s) J-K be accordingly re-numbered as part of the secondary system of state highways, and BE IT FINALLY RESOLVED, this Board orders that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Craig Stiltner Seconded By: Harold H. Fuller Yeas: Six Nays: Zero Absent: One A Copy Teste: Robert C. Horn, County Administrator 13288

3 CONSIDER ADOPTING THE RESOLUTION IN SUPPORT OF AN APPLICATION AND AUTHORIZING THE COUNTY ADMINISTRATOR TO SUBMIT SUCH APPLICATION TO VDOT HIGHWAY SAFETY IMPROVEMENT PROGRAM IN THE AMOUNT OF UP TO $300,000 FOR FISCAL YEAR 2019 FOR TWO PROJECTS AND TO AUTHORIZE THE COUNTY ADMINISTRATOR TO TAKE NECESSARY CERTAIN ACTIONS IN CONNECTION WITH SUCH PROJECTS After a general discussion by the board upon motion by Craig Stiltner seconded by Harold H. Fuller and with a roll call vote of six (6) yeas, Craig Stiltner, Harold H. Fuller, Trey Adkins, William P. Harris, G. Roger Rife, Earl Scott, zero (0) nays and one (1) absent, J. Carroll Branham, this board did hereby adopt the following Resolution in support of an application and authorizing the county administrator to submit such application to VDOT Highway Safety Improvement Program in the amount of up to $300,000 for fiscal year 2019 for two projects and to authorize the County Administrator to take necessary certain actions in connection with such projects. RESOLUTION OF THE BOARD OF SUPERVISORS OF BUCHANAN COUNTY, VIRGINIA IN SUPPORT OF AN APPLICATION AND AUTHORIZING THE COUNTY ADMINISTRATOR TO SUBMIT SUCH APPLICATION TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION HIGHWAY SAFETY IMPROVEMENT PROGRAM IN THE AMOUNT OF UP TO $300,000 FOR FISCAL YEAR 2019 FOR TWO PROJECTS AND TO AUTHORIZE THE COUNTY ADMINISTRTATOR TO TAKE NECESSARY CERTAIN ACTIONS IN CONNECTION WITH SUCH PROJECTS WHEREAS, the Buchanan County desires to submit an application for an allocation of funds up to $300,000 for any funds provided by VDOT for the projects listed below, and no local match will be required by the County. BE IT RESOLVED by the Board of Supervisors of Buchanan County as follows: 1. The Board hereby supports the application referred to herein and hereby authorizes the County Administrator to submit such application to VDOT for funds from VDOT s Highway Safety Improvement Program for FY 2019 in the amount of $300,000 for the following a. Installation of center line rumble strips between along Route 460 between Route 656 and Route 609. b. The second project includes the installation of radar activated flashing chevrons (curve warning signs), additional warning signs and guardrail modifications as engineering design may warrant along west bound 460 near its intersection with Route

4 2. The County Administrator is further authorized to take such further actions and execute such further documents, as may be necessary to submit the above application and to furnish such additional information as may be required for such application. Recorded Vote Moved By: Craig Stiltner Seconded By: Harold H. Fuller Yeas: Six Nays: Zero Absent: One A Copy Teste: Robert C. Horn, County Administrator JERRY WARD - BACKPACK BLESSINGS, INC. REQUEST A CONTRIBUTION Jerry Ward with Backpack Blessings, Inc. requested a contribution to assist purchasing meals to put in children s backpacks on the weekends. He stated the nonprofit organizations has provided over 8,085 backpacks in the past few years. There s a lot of chilrens that doesn t get a meal on the weekend when they re not in school, he stated. After a general discussion by the board upon motion of Harold H. Fuller seconded by Craig Stiltner and with a roll call vote of six (6) yeas, Harold H. Fuller, Earl Scott, William P. Harris, G. Roger Rife, Trey Adkins, Craig Stiltner, zero (0) nays and one (1) absent, J. Carroll Branham, this board did hereby approve a contribution in the amount of $5, to Backpack Blessings, Inc. to be divided among the following accounts: South Grundy District, account number, North Grundy District, account number, Rocklick District, account number, Prater District, account number, Hurricane District, account number, Garden District, account number, Knox District, account number, JUDY OWENS, VALERIA AND ELLEN YATES RASNAKE ROAD/BRIDGE Judy Owens, Valeria and Ellen Yates wasn t present for the meeting

5 JON RIFE, GRUNDY KIWANIS FOUNDATION REQUEST A CONTRIBUTION TO ASSIST WITH THE 18 TH ANNUAL BREAKS INTERSTATE PARK KIWANIS RUN SCHEDULED FOR SATURDAY, OCTOBER 6 TH, 2018 Jon Rife, Grundy Kiwanis Foundation requested a contribution to assist with the 18 th Annual Breaks Interstate Park Kiwanis Run scheduled for Saturday, October 6 th, After a general discussion by the board upon motion of Trey Adkins seconded by Harold H. Fuller and with a roll call vote of six (6) yeas, Harold H. Fuller, Earl Scott, William P. Harris, G. Roger Rife, Trey Adkins, Craig Stiltner, zero (0) nays and one (1) absent, J. Carroll Branham, this board did hereby approve a contribution in the amount of $1, to Grundy Kiwanis Club for the Annual Kiwanis/Breaks 5 K Race from the following accounts: South Grundy District, account number, $ North Grundy District, account number, $ Rocklick District, account number, $ Prater District, account number, $ Hurricane District, account number, $ Garden District, account number, $ Knox District, account number, $ STEPHEN MULLINS, SMALL BUSINESS COORDINATOR FOR SWVAA WORKFORCE DEVELOPMENT BOARD UPDATE THE BOARD ON THE TWO NEW GRANTS FROM THE THOMPSON CHARITABLE FOUNDATION Stephen Mullins, Small Business Coordinator for Southwest Virginia Workforce Development Board stated we have two (2) new grants from The Thompson Charitable Foundation the first grant is for small business expansion empowerment (S-BEE) initiative. The grant will be funded three (3) years, in the amount of $300,000 to provide technical assistance to small businesses in Buchanan and Tazewell Counties with 50 employees or less that have been negatively impacted by the downturn in the coal economy, he stated. The S-BEE initiative will focus on the following areas, onboarding and retention; social medial marketing; accounting practices and lean six sigma training, he stated. To qualify a small business would need to complete the application, provide evidence of negative impact on the business due to the county industry downturn; indicate estimate 13291

6 change in impact on employee base; agree to participate in sector partnerships as appropriate and have current chamber of commerce membership. The second grant is for LETS Train Initiative (Living Expenses while Training Stipend), stated Mr. Mullins. This grant is funded two (2) years in the amount of $100,000. The LETS Train Initiative will provide living expenses in the form of a monthly stipend to dislocated coal industry workers in Buchanan and Tazewell Counties who have enrolled, or who plan to enroll, in an occupational skills training program, he stated. Laid-off coal industry workers often cite their need to work as a major reason for not enrolling in intermediate-term training because it often exceeds the length of time they may draw unemployment insurance benefits, commented Mr. Mullins. The LETS Train Initiative will provide $1,200 per month as a minimum subsistence payment for up to five (5) months while in training. To be eligible, applicants must live in Buchanan or Tazewell Counties; have been laid off from a coal-mining company, a coal fired power plant or a coal supply chain company; be earning 80% less now than what they earned when employed by a coal related business; have exhausted their unemployment insurance benefits; have applied for available social services assistance, such as a Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance to Needy Families (TANF) and Fuel Assistance and participated in SWVAWDB s Financial Empowerment Network to receive counseling and planning in budgeting, credit repair and savings plan. Craig Stiltner, Rocklick District Supervisor encouraged the local newspapers to do an article on these two (2) grants. We have people out of work and willing to retrain, he stated. MARCUS STILTNER, COAL HAUL ROAD ENGINEER CONSIDER AMENDING THE COAL HAUL ROAD PLAN FOR FY 2018/2019 IN THE AMOUNT OF $488, Marcus Stiltner, Coal Haul Road Engineer requested the board to consider amending the Coal Haul Road Plan in the amount of $488, for the Buchanan County Public Service Authority (PSA), which will reflect the actual bid amount for the belt drive. The bid for the belt drive was $567,000 and the PSA has already received $78, After a general discussion by the board upon motion by Craig Stiltner seconded by Harold H. Fuller a with a roll call vote of six (6) yeas, Craig Stiltner, Trey Adkins, Harold H. Fuller, William P. Harris, G. Roger Rife, Earl Scott, zero (0) nays and one (1) absent, J. Carroll Branham, this board did hereby approve to amend the Coal Haul Road Plan for fiscal year 2018/2019 in the amount of $488,

7 MARCUS STILTNER COAL HAUL ROAD ENGINEER - CONSIDER ISSUING A CHECK TO THE BUCHANAN COUNTY PUBLIC SERVICE AUTHORITY IN THE AMOUNT OF $2, Trey Adkins, Knox District Supervisor stated a Joe Gary Street, a local contractor was going to repair the belt drive for $78,222, but the employees of the Buchanan County Public Service Authority (PSA) were going to be required to do the work. Street bid on. G. Roger Rife, South Grundy District Supervisor stated I m not sure what Mr. Bill Stokes, PSA board member stated we rebid the belt drive the second time for a new belt drive or repairs to the current belt drive. Only one (1) bid was received for each. Did the PSA turn down Mr. Street s bid, asked Mr. Rife? No, Mr. Street withdrew his bid, stated Mr. Stokes. We should ve taken more time to look at the $78,222 bid from Mr. Street to do the repairs to the belt drive, instead of paying $567,000 for a new one, stated Mr. Adkins. After a general discussion by the board upon motion by Craig Stiltner seconded by Harold H. Fuller a with a roll call vote of five (5) yeas, Harold H. Fuller, Earl Scott, G. Roger Rife, William P. Harris, Craig Stiltner, one (1) nay, Trey Adkins and one (1) absent, J. Carroll Branham, this board did hereby approve to issue a check in the amount of $2, to the Buchanan County Public Service Authority from the Coal Haul Road account. This is for the first payment for the belt drive, which includes the $78,222 the PSA has already for a total of $80, CONSIDER APPROVING APPENDIX A-REVISION 1 FOR THE ROUTE 83, BEND OF SLATE CURVE REALIGNMENT AND INTERSECTION IMPROVEMENT PROJECT After a general discussion by the board upon motion by Craig Stiltner seconded by Trey Adkins with a roll call vote of six (6) yeas, Craig Stiltner, Trey Adkins, Harold H. Fuller, William P. Harris, G. Roger Rife, Earl Scott, zero (0) nays and one (1) absent, J. Carroll Branham, this board did hereby approve Appendix A-Revision 1 for the Route 83, Bend of Slate Curve Realignment and Intersection Improvement Project. GENERAL DISCUSSION CONCERNING FAIRVIEW STREET Bill Stokes, Mayor for the Town of Grundy asked why Fairview Street in the town was taken out of the Coal Haul Road Plan this year? 13293

8 Marcus Stiltner, Coal Haul Road Engineer stated I ve spoken to J. R. Watson, representative for the Virginia Department of Transportation (VDOT) about this road, since it s a state road not county. VDOT had it on the maintenance list, but someone took it off. CONSIDER APPROVING AN ADDITIONAL APPROPRIATION TO THE BUCHANAN COUNTY PUBLIC SERVICE AUTHORITY IN THE AMOUNT OF $100,000 FOR A BOND PAYMENT DUE Bill Stokes, board member for the Buchanan County Public Service Authority (PSA), stated the PSA has worked big time on their budget and at the beginning of the fiscal year, we were supposed to start setting money aside. There is a current bond payment due the first of October in the amount of $512,812.00, which the PSA doesn t have the money to pay, he stated. Trey Adkins, Knox District Supervisor asked why the PSA can t take the money out of the CD to pay the bond payment? I was told to ask the board of supervisors for funding or we would have to tap in to our rainy-day account, stated Mr. Stokes. We gave you $105,000 for a raise for the PSA employees and I understand why the PSA did a bonus instead, stated Mr. Adkins. Why not use the $40,000 that was left over that you didn t use? We were going to give the PSA employees another bonus after the first of the year, stated Mr. Stokes. If you can assist the PSA with this bond payment, I would greatly appreciate it, commented Mr. Stokes. Robert C. Horn, County Administrator asked if the PSA had a cash flow or could move money around to pay the bond payments? G. Roger Rife, South Grundy District Supervisor stated in the 2015 audits it showed that the PSA had $3.2 million in reserve and in the 2016 audits it showed that the PSA had $1.5 million in reserve. The most recent audits in 2017 it showed that the PSA had $1.2 million in reserve. What s happened? The county has cut the PSA s budget from $1.2 million to $250,000 this year, which makes the difference, stated Mr. Adkins. After a general discussion by the board, no action was taken

9 CONSIDER APPROVING THE AGREEMENT BETWEEN BUCHANAN COUNTY, VIRGINIA AND THE VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT REGARDING THE SWAN FORK WATER LINE EXTENSION After a general discussion by the board upon motion by Trey Adkins seconded by Harold H. Fuller with a roll call vote of six (6) yeas, Craig Stiltner, Trey Adkins, Harold H. Fuller, William P. Harris, G. Roger Rife, Earl Scott, zero (0) nays and one (1) absent, J. Carroll Branham, this board did hereby approve approving the Agreement between Buchanan County, Virginia and the Virginia Department of Housing and Community Development regarding the Swan Fork Water Line Extension. A copy of this agreement is located in the Buchanan County Administrator s Office, 3 rd floor of the Government Center for review. PUBLIC HEARING 6:15 P.M. REGARDING THE PROPOSED ADOPTING OF AN ORDINANCE ENTITLED: AN ORDINANCE REGULATING THE USE OF THE JEWELL VALLEY ATV TRAIL AND REGULATING THE USE OF THE JEWELL VALLEY STOCKED TROUT STREAM G. Roger Rife, Vice-Chairman opened the public hearing for comments. L. Lee Moise, County Attorney stated at last months meeting the board adopted this proposed ordinance on an emergency basis. There will be a separate resolution to be adopted by the board regarding the annual permit fee and annual renewal fee, he stated. Harold H. Fuller, Garden District Supervisor stated the annual permit fees would run one (1) year from the time it s purchased. Craig Stiltner, Rocklick District Supervisor asked if the Coal Canyon Trail would connect to the Jewell Valley ATV Trail in a year? Billie Campbell with Terra Tech Engineering Services stated yes, if we get the right-of-way. We are trying to get some incentives for the property owner. Upon motion by Trey Adkins seconded by Earl Scott and with a roll call vote of six (6) yeas, Earl Scott, Trey Adkins, William P. Harris, G. Roger Rife, Harold H. Fuller, Craig Stiltner, zero (0) nays and one (1) absent, J. Carroll Branham, this board did hereby approve to close the public hearing. CONSIDER ADOPTING THE RESOLUTION REGARDING THE ANNUAL PERMIT AND PERMIT RENEWAL FEES FOR RIDING THE JEWELL VALLEY ATV TRAIL After a general discussion by the board upon motion by Harold H. Fuller 13295

10 seconded by Craig Stiltner a with a roll call vote of six (6) yeas, Harold H. Fuller, William P. Harris, Craig Stiltner, Earl Scott, G. Roger Rife, Trey Adkins, zero (0) nays and one (1) absent, J. Carroll Branham, this board did hereby adopt the following Resolution regarding the annual permit and permit renewal fees for riding the Jewell Valley ATV Trail. RESOLUTION RE: ANNUAL PERMIT AND PERMIT RENEWAL FEES FOR RIDING THE JEWELL VALLEY ATV TRAIL WHEREAS, the Buchanan County Board of Supervisors sets the annual permit fee and renewal fees to ride on the Jewell Valley ATV Trail at $15 each; and WHEREAS, annual permit and annual permit renewals shall begin on the issuance of the permit or permit renewals and be valid for a one-year period from that issuance date; and NOW THEREFORE BE IT RESOVED, that the Board of Supervisors of Buchanan County, Va. does hereby establish the annual permit fee and annual permit renewal fee to ride the Jewell Valley ATV Trail at $15 each; and such annual permit or annual permit renewal shall begin on the issuance date and be valid for a one-year period from the issuance date. This resolution was adopted on the 1 st day of October Recorded Vote: Motion made by: Harold H. Fuller Second by: Craig Stiltner Yeas: Six Nays: Zero Absent: One ATTEST: Vice-Chairman Buchanan County, Va. Board of Supervisors Robert Craig Horn, County Administrator CONSIDER ADOPTING THE ORDINANCE ENTITLED: AN ORDINANCE REGULATING THE USE OF THE JEWELL VALLEY ATV TRAIL AND REGULATING THE USE OF THE JEWELL VALLEY STOCKED TROUT STREAM. After a general discussion by the board upon motion of Harold H. Fuller seconded by Craig Stiltner with a roll call vote of six (6) yeas, Harold H. Fuller, Craig Stiltner, William P. Harris, Earl Scott, G. Roger Rife, Trey Adkins, zero (0) nays and one (1) absent, this board did hereby adopt the following Ordinance entitled: An Ordinance 13296

11 regulating the use of the Jewell Valley ATV Trail and regulating the use of the Jewell Valley stocked trout stream: Vehicle and Traffic Regulation of Jewell Valley ATV Trail Only A. Any person, operating or riding in an ATV on the Jewell Valley ATV Trail must obtain a permit. Permits shall be issued for a period of one year and can be renewed by paying the permit renewal fee. The annual permit fee and annual renewal fee will be set by the Buchanan County, Va. Board of Supervisors by a separate resolution. B.Any person operating an ATV on the Jewell Valley ATV Trail shall obey all signage on said trails and operate their ATV in a safe manner complying with any speed limits posted on said Jewell Valley ATV trail. C. All persons operating ATV or riding in ATV on the Jewell Valley ATV trail must wear helmets. Children under the age of 16 years shall not be permitted to operate an ATV on the Jewell Valley ATV Trail. D. No use or possession of alcohol or illegal drugs shall be permitted upon the Jewell Valley ATV Trail. E. No person shall be permitted on the Jewell Valley ATV trail during any time other than the operational hours for the trail. The operational hours for the Jewell Valley ATV Trail shall be from dawn to dusk (daylight hours). F. The use of firearms or possession of firearms on the Jewell Valley ATV Trails is strictly prohibited. G. No littering shall be permitted on the Jewell Valley ATV trail. H. The Jewell Valley ATV trail is patrolled by uniformed Special Conservators of the Peace. All users of the Jewell Valley ATV Trail shall obey the lawful orders and instructions of the uniformed Special Conservators of the Peace. I. Penalties: Violations of this ordinance shall be treated as Class One Misdemeanors resulting in fines up to $2,500 and/or confinement in jail up to 12 months within the discretion of the Court. Section Regulation of the Jewell Valley Stocked Trout Stream A. Any person fishing in the Jewell Valley stocked trout stream must obtain a fishing permit which will be sold for a single day or multiple days. The permit fees shall be set by a separate resolution by the Buchanan County Board of Supervisors. No persons shall be permitted to fish the Jewell Valley stocked trout stream except during operational hours of the Jewell Valley stock stream. A. The operational hours of the Jewell Valley stocked trout stream shall be from dawn to dusk (daylight hours). B. The Jewell Valley stocked trout stream shall be patrolled by uniformed Special Conservators of the Peace. Any person fishing in the Jewell Valley stocked trout 13297

12 stream shall obey the lawful order and instructions of the uniformed Special Conservators of the Peace. C. No littering shall be permitted on the Jewell Valley stocked trout stream. D. Use or possession of alcoholic beverages or illegal drugs is strictly prohibited on the Jewell Valley stocked trout streams. E. Penalties: Violations of this ordinance shall be treated as Class One Misdemeanors resulting in fines up to $2,500 and/or confinement in jail up to 12 months within the discretion of the Court. F. This resolution was adopted on the 1 st day of October Recorded Vote: Motion made by: Harold H. Fuller Second by: Craig Stiltner Yeas: Six Nays: Zero Absent: One ATTEST: Robert Craig Horn, County Administrator Vice-Chairman Buchanan County, Va. Board of Supervisors CONSIDER APPROVING THE PROTOCOLS FOR SPECIAL CONSERVATORS OF THE PEACE After a general discussion by the board upon motion by Harold H. Fuller seconded by Craig Stiltner a with a roll call vote of six (6) yeas, Harold H. Fuller, Earl Scott, William P. Harris, G. Roger Rife, Trey Adkins, Craig Stiltner, zero (0) nays and one (1) absent, J. Carroll Branham, this board did hereby approve the following Protocols for Special Conservators of the Peace. PROTOCOLS FOR SPECIAL CONSERVATORS OF THE PEACE I. Conduct and Duties of Special Conservators of the Peace 1) Special Conservators of the Peace will obey all federal and state laws. They will also obey all laws and ordinances of Buchanan County. 2) Special Conservators of the Peace shall treat members of the public respectfully while engaging in their duties of as Special Conservators of the Peace. 3) Special Conservators of the Peace shall be employees of the Buchanan County, Va. Board of Supervisors and as such are subject to the supervision of the County Administrator, with the exception of Randall Lester who serves as a court security officer and is under the direct supervision of the Circuit Court Judge of Buchanan County, Va. 4) Special Conservators of the Peace performing patrol duties on County ATV Trails do not have arrest powers but have the authority to issue summons for violations of the ordinances of Buchanan County, Va

13 5) If a Special Conservator of the Peace observes a violation of state or federal law he or she will report same to the Buchanan County, Va. Sheriff s Department and/or to the Virginia State Police. The same report shall also be made to the County Administrator of Buchanan County, Va. 6) Special Conservators of the Peace shall not use either alcohol or illegal drugs while they are engaged in their duties as Special Conservators of the Peace. I. Use of Force and Use of Deadly Force 1) Special Conservators of the Peace while in the performance of their official duties shall only use the degree of force necessary to defend themselves or defend other citizens threatened with violence. 2) Special Conservators of the Peace shall only use deadly force in the performance of their official duties when deadly force is used against them or other citizens and there is no other choice but to utilize deadly force to protect themselves or other citizens. 3) Special Conservators of the Peace shall familiarize themselves with the Sheriff s Department s document#107 Use of Force and document #108 Weapons Training, which said documents are attached and made a part of this Protocol by reference as Exhibits A and B. 4) Special Conservators of the Peace shall participate on a regular basis in weapons training, use of force and use of deadly force training provided by the Buchanan County Sheriff s Department. CONSIDER APPROVING ADDENDUM #1 TO THE AGREEMENT BETWEEN BUCHANAN COUNTY, VIRGINIA AND TERRA TECH ENGINEERING SERVICE, P.C. DATED MAY 25 TH, 2010 REGARDING BULL CREEK TRAIL VDOT ENHANCEMENT PROJECT Billie Campbell with Terra Tech Engineering Services stated the original contract was approved in 2012 regarding the engineering services for the Bull Creek Trail. In 2015, Chase Buchanan with VDOT suggested doing a supplement for the cost over-runs on the project for work that was within the original scope of the project. After a general discussion by the board upon motion by Craig Stiltner seconded by Harold H. Fuller a roll call vote of six (6) yeas, Craig Stiltner, Harold H. Fuller, Trey Adkins, Earl Scott, William P. Harris, G. Roger Rife, zero (0) nays and one (1) absent, J. Carroll Branham, this board did hereby approve the following Addendum #1 to the Agreement between Buchanan County, Virginia and Terra Tech Engineering Service, P.C. dated May 25 th, 2010 regarding Bull Creek Trail VDOT Enhancement Project: ADDENDUM #1 TO AGREEMENT BETWEEN BUCHANAN COUNTY, VIRGINIA, TERRA TECH ENGINEERING SERVICES, P.C., DATED MAY 25, 2010 Now come the parties, Terra Tech Engineering Services, P.C. and Buchanan County, Va., a political subdivision of the Commonwealth of Virginia, County and hereby agree to 13299

14 the following modification of the agreement dated May 25, 2010 providing for engineering services for the Bull Creek Trail VDOT Enhancement Project: 1) That the parties agree that the costs of the engineering services for the Project have exceeded the original estimates set forth in the original contract. The original contract is attached and made a part of this Addendum by reference as Exhibit A. VDOT has communicated with the parties that additional costs can be eligible for reimbursement if Terra Tech submits a supplement for the additional work in modification of the original contract. Terra Tech has prepared such a supplement which is attached and made a part of this Addendum by reference as Exhibit B EXECUTED IN DUPLICATE ORIGINALS: IN WITNESS HEREOF: ATTEST: TERRA TECH ENGINEERING SERVICES, P.C. BY: Billie S. Campbell, P.E., President of Terra Tech Engineering Services, P.C. BUCHANAN COUNTY, VIRGINIA BY: Vice-Chairman Buchanan County, Va. Board of Supervisors Robert Craig Horn, County Administrator CONSIDER ADOPT A RESOLUTION APPROVING A TAX EXEMPTION FOR THE PORTION OF PRIVATE REAL PROPERTY THAT IS GIVEN TO BUCHANAN COUNTY AS EASEMENTS FOR RIGHT-OF-WAY FOR ATV TRAILS LOCATED IN THE COUNTY Billie Campbell with Terra Tech Engineering Services stated we ve been working on right-of-way acquisitions for the Spearhead Trail System. Spearhead Trails can t buy trail right-of-way so we re looking at an incentive to get across their property, stated Mr. Campbell. We are needing a 20-foot public trail easement to constructs these trails. It has been discussed to reduce the assessed value of the landowner s property by $1,500 per mile of trail, he stated. Therefore, the taxes collected on the property would be reduced. The board of supervisors needs to give Ruth the endorsement to do this by reducing the amount of taxes. L. Lee Moise, County Attorney stated if the property owner provides a public right-of-way then they are entitled to an exemption in taxes upon approval by the board 13300

15 of supervisors. If the property owner revokes public right-of-way, then the entire property would be back on the tax rolls, he stated. G. Roger Rife, South Grundy District Supervisor stated we passes a tax deal on ATV s that the owner didn t have to pay taxes and now we re going to give the property owner a deal for right-of-way and at the same time I got a tax ticket for a trailer to be able to pull my lawnmower. We exempt ATV s from taxes, but charge for a little trailer to be used on the road. If you have a boat and trailer, you are required to pay taxes on them, he stated. Somewhere or other, we got to stop and make it the same for everybody, he commented. Billie Campbell with Terra Tech Engineering Services, stated a non-resident pays $40.00 per day to ride their ATV s on Spearhead Trails. Since, Coal Canyon Trail opened, the trail has brought approximately $1.2 to $1.5 million into the county, he stated. After a general discussion by the board upon motion by Harold H. Fuller seconded by Craig Stiltner a roll call vote of six (6) yeas, Craig Stiltner, Harold H. Fuller, Trey Adkins, Earl Scott, William P. Harris, G. Roger Rife, zero (0) nays and one (1) absent, J. Carroll Branham, this board did hereby adopt the following resolution approving a tax exemption for the portion of private real property that is given to Buchanan County as easements for right-of-way for ATV Trails located in the county: RESOLUTION RE: APPROVAL OF A TAX EXEMPTION FOR THE PORTION OF PRIVATE REAL PROPERTY THAT IS GIVEN TO BUCHANAN COUNTY AS EASEMENTS FOR RIGHT OF WAYS FOR ATV TRAILS LOCATED IN BUCHANAN COUNTY, VA. WHEREAS, the Buchanan County Board of Supervisors does hereby approve a tax exemption for the portion of private real property given to Buchanan County as an easement for a public right of way for ATV trails located in Buchanan County, Va.; and WHEREAS, such real estate tax exemption shall only be for the portion of the private property given to Buchanan County as an easement for a public right of way for ATV trails in Buchanan County and only for the time period that such easement is in effect; and NOW THEREFORE BE IT RESOVED, that the Board of Supervisors of Buchanan County, Va. does hereby approve a real estate tax exemption for the portion of private real property given to Buchanan County as an easement for a public right of way for ATV trails in Buchanan County for the time period that such easement is in effect. This resolution was adopted on the 1 st day of October Recorded Vote: 13301

16 Motion made by: Harold H. Fuller Second by: Craig Stiltner Yeas: Six Nays: Zero Absent: One Vice-Chairman Buchanan County, Va. Board of Supervisors ATTEST: Robert Craig Horn, County Administrator CONSIDER ADDITIONAL APPROPRIATIONS After a general discussion by the board upon motion by Craig Stiltner seconded by Harold H. Fuller a roll call vote of six (6) yeas, Craig Stiltner, Harold H. Fuller, William P. Harris, Trey Adkins, G. Roger Rife, Earl Scott, zero (0) nays and one (1) absent, J. Carroll Branham, this board did hereby approve to following additional appropriations: Additional appropriation to Garden District Park and Recreation, account number in the amount of $650.00; Additional appropriation to Rowe Community Center, account number in the amount of $175.00; Additional appropriation to South Grundy Park and Development, account number in the amount of $2,937.00; Additional appropriation to Athletic Fields, account number in the amount of $110.00; Additional appropriation to Rocklick Park and Recreation, account number in the amount of $700.00; Additional appropriation to Hurricane District Park and Rec., account number in the amount of $2,791.10; Additional appropriation to Fair, account number in the amount of $3,688.96; Additional appropriation to Race Track, account number in the amount of $1, CONSIDER APPROVING TO ISSUE A CHECK FOR COYOTE CLAIMS IN THE AMOUNT OF $ FROM FUND 10, LIVESTOCK CLAIMS ACCOUNT NUMBER After a general discussion by the board upon motion by Harold H. Fuller seconded by Craig Stiltner a roll call vote of six (6) yeas, Harold H. Fuller, Trey Adkins, G. Roger Rife, Earl Scott, William P. Harris, Craig Stiltner, zero (0) nays and one (1) absent, J. Carroll Branham, this board did hereby approve to issue a check for the following coyote claim in the amount of $50.00 each from Fund 10, livestock claims 13302

17 account number : Arvil Quinley One claim Charles Compton One claim CONSIDER APPROVING REQUEST FROM BUCHANAN COUNTY PUBLIC SCHOOLS TO ISSUE PAYMENT FOR INVOICES FOR AUGUST 2018 FROM INSURANCE SERVICES, LLC, (VANESSA HURLEY, AGENT OF RECORD) REGARDING THE CONSOLIDATED GROUP FOR HEALTH INSURANCE FOR BUCHANAN COUNTY PUBLIC SCHOOLS FROM FUND 37 After a general discussion by the board upon by Craig Stiltner seconded by Harold H. Fuller and with the following roll call vote of six (6) yeas, Harold H. Fuller, Trey Adkins, G. Roger Rife, Earl Scott, William P. Harris, Craig Stiltner, zero (0) nays and one (1) absent, J. Carroll Branham, this board did hereby approve the request from Buchanan County Public Schools to issue payment for invoice in the amount of $2, for August 2018 from Insurance Services, LLC, (Vanessa Hurley, Agent of Record) regarding the Consolidated Group for Health Insurance for Buchanan County Public Schools from Fund 37. CONSIDER APPROVING AN ADDITIONAL BUDGET APPROPRIATION FOR DRUG TASK FORCE FUND #38 IN THE AMOUNT OF $4, After a general discussion by the board upon motion by Craig Stiltner seconded by Harold H. Fuller a roll call vote of six (6) yeas, Harold H. Fuller, Trey Adkins, G. Roger Rife, Earl Scott, William P. Harris, Craig Stiltner, zero (0) nays and one (1) absent, J. Carroll Branham, this board did hereby approve an additional budget appropriation for Drug Task Force Fund #38 in the amount of $4, CONSIDER ADOPTING THE RESOLUTION AND CONTRACT REGARDING THE RENEWAL OF HEALTH AND DENTAL POLICIES FOR THE YEAR BEGINNING OCTOBER 1, 2018 AND ENDING SEPTEMBER 30, 2019 FOR 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 COUNTY ADMINISTRATOR AND CHAIRMAN TO EXECUTE THE CONTRACT ON BEHALF OF THE COUNTY WITH APPROVAL AS TO FORM BY THE COUNTY ATTORNEY 13303

18 After a general discussion by the board upon motion by Trey Adkins seconded by Craig Stiltner and with the following roll call vote of six (6) yeas, Harold H. Fuller, Trey Adkins, G. Roger Rife, Earl Scott, William P. Harris, Craig Stiltner, zero (0) nays and one (1) absent, J. Carroll Branham, zero (0) nays and one (1) absent, this board did hereby adopt the Resolution and Contract regarding the renewal of health and dental policies for the year beginning October 1, 2018 and ending September 30, 2019 for 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 authorizes the County Administrator and Chairman to execute the Contract on behalf of the county with approval as to form by the County Attorney. RESOLUTION RE: BUCHANAN COUNTY CONSOLIDATED GROUP HEALTH INSURANCE POLICY PLAN YEAR 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 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 th, 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 st, 2009 and ending September 30 th, 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 st, 2009 and ending September 30 th, 2013; and WHEREAS, the Buchanan County Department of Social Services joined the Consolidated Group effective February 1 st, 2011; and WHEREAS, during the Spring of 2013 the County went through the procurement process for a licensed insurance agent for the purpose of obtaining annual health and dental insurance for the Consolidated Group for a three (3) year period beginning October 01 st, 2014 and ending September 30 th, 2017; and WHEREAS, in April of 2014 Wells Fargo was awarded the contract to act as the licensed agent of record for the purpose of obtaining group health and dental insurance during the three (3) year period beginning October 01 st, 2014 and ending September 30 th, 2017; and 13304

19 WHEREAS, subsequent to April 2014, USI became the successor-in-interest to the Wells Fargo contract award and accordingly a contract was executed between USI and the four entities making up the Consolidated Group, namely, Buchanan County, Va., the Buchanan County Public School Board, the Buchanan County PSA and the Buchanan County Department of Social Services; and WHEREAS, the Consolidated Group has elected to make or keep the following changes to the Plan for the Plan year October 1, 2018 to September 30, 2019: 1) All four entities that make up the Consolidated Group will cooperate with a dependent audit conducted by a third-party company that specializes in dependent audits; and 2) That each of the four entities of the Consolidated Group shall adopt a wellness incentive program where each entity will increase the amount of the premium paid by employees by the following amount for each tier of coverage in addition to base percentage to be paid by employees for the insurance premium of each entity: a) $300 more per year for Employee only tier; b) $600 more per year for Employee-Spouse tier; c) $300 more per year for Employee-child tier; and d) $600 more per year for Employee-family tier. If the employee and spouse (if applicable) participate(s) in a full annual physical program and registers for tele-medicine by December 31, 2017 the additional amounts listed above will be waived. 3) To change the Plan from a PPO KeyCare 100 Plan to a customized PPO KeyCare 300 Plan which provides the following benefits: a) Deductible Single/Family--$300/$600; b) Coinsurance 80%/20%; c) Out-of-pocket (ded. Incl.) Single/Family--$2,000/$4000; d) Inpatient Hospital---Ded. 80%/20%; e) Outpatient Surgery Ded. 80%/20%; f) Primary care/ Specialist Office visit---20%coinsurance; g) Preventive Services covered in full; h) Emergency Room 20% copay; i) Urgent Care 20% coinsurance; j) Prescription Drugs 30 Day Retail---$10/$30/$50/20% k) Tele-medicine (AnthemLive Health)-no co-pay (only change for Plan) WHEREAS, attached as Exhibit A and made a part of this resolution by reference is the proposed Self-Insured Dental coverage to be administered through Anthem Blue Cross Blue Shield for the Consolidated Group for the policy period October 01, 2018 through September 30, 2019 which such coverage is optional for the employees of the Buchanan County Public School Board; and WHEREAS, USI has negotiated a renewal of the Health Insurance for the Consolidated Group with Anthem Blue Cross Blue Shield for partial self-insurance with change to a PPO Customized PPO KeyCare 300 which results in a rate increase of zero per cent ( 0%) for the policy period of October 01, 2018 through September 30, 2019; and NOW THEREFORE, BE IT RESOLVED by the Buchanan County Va. Board of Supervisors, that the Buchanan County, Va. Board of Supervisors on behalf of the Buchanan County, Virginia, enter into an Agreement with the Buchanan County Public School Board, the Buchanan County Public Service Authority, the Buchanan County 13305

20 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 shall change as set forth above and described in the Customized PPO KeyCare 300 Plan. The administration of the plan will still be handled in the same manner as previously handled. The Consolidated Group is 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 health insurance coverage which are described above in a Customized PPO KeyCare 300, 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 (Customized PPO KeyCare 300 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 (Customized PPO KeyCare 300) 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 (Customized PPO KeyCare 300 Plan) Your Anthem Plan"; 5) Anthem Blue Cross and Blue Shield shall provide the Buchanan County 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 (Customized PPO KeyCare 300 Plan) Your Anthem Plan ; 6) Buchanan County, the Buchanan County Public School System, 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. 7) Buchanan County shall pay into a partially self-insured fund to be created, the sum of Two Million Seven Hundred Twenty-Five Thousand Eight Hundred Forty Nine Dollars and Fifty Cents ($2,725,849.50) divided into twelve equal installment payments for such coverage for the year October 1st, 2018, through September 30th, 2019, for the 13306

21 employees as described in the County's renewal, the costs of such coverage shall be as follows: a) Per employee each month - $689.32; b) Per employee and a child each month - $1, c) Per employee and spouse each month - $1,550.71; d) Per family each month - $2,005.91; 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. Total premium calculated on enrollment as of June 30, ) Buchanan County Public School Board shall pay into a partially self-insured fund to be created, the sum of Six Million Six Hundred Seventy-Seven Thousand Two Hundred Ninety-Four Dollars and Thirty Cents ($6,677,294.30) divided into twelve equal installment payments for such coverage for the year October 1 st, 2018, through September 30 th, 2019, for the employees as described in the School Board's renewal, the costs of such coverage shall be as follows: a) Per employee each month - $689.32; b) Per employee and one child each month - $1,033.96; c) Per employee and spouse each month - $1,550.71; d) Per family each month - $2,005.91; 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), b), c) or b) above. Total premium calculated on enrollment as of June 30, ) Buchanan County Public Service Authority shall pay into a partially self-insured fund to be created, the sum of Seven Hundred Twenty-Six Thousand Eight Hundred Eighty-Nine Dollars and Twenty Cents ($726,889.20) divided into twelve equal installment payments for such coverage for the year October 1st, 2018, through September 30th, 2019, for the employees as described in the Public Service Authority s renewal, the costs of such coverage shall be as follows: a) Per employee each month - $689.32; b) Per employee and one child each month - $1,033.96; c) Per employee and spouse each month - $1,550.71; d) Per family each month - $2,005.91; 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 8 a), b), c) or d) above. Total premium calculated on enrollment as of June 30, ) Buchanan County Department of Social Services shall pay into partially selfinsured fund to be created, the sum of Nine Hundred Twenty-Four Thousand Seventy- Three Dollars and Twenty Cents ($924,073.20) divided into twelve equal installment payments for such coverage for the year October 1 st, 2018 through September 30 th, 2019, 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 _ $689.32; b) Per employee and one child each month _ $ 1,033.96; c) Per employee and spouse each month _ $ 1,550.71; d) Per family each month _ $ 2,005.91; 13307