MINUTES. CONSIDER APPROVING MINUTES FOR BOARD OF SUPERVISORS MEETING ON OCTOBER 1 st, 2018

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1 MINUTES A regular meeting of the Buchanan County Board of Supervisors was held on the 5 th day of November 2018 starting at 10:00 o clock a.m. in the Board of Supervisors Meeting Room, 3 rd floor of the Buchanan County Government Center, 4447 Slate Creek Road, Grundy, Virginia PRESENT: J. Carroll Branham, Chairman 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 The meeting was called to order with Prayer and Pledge of Allegiance. CONSIDER APPROVING MINUTES FOR BOARD OF SUPERVISORS MEETING ON OCTOBER 1 st, 2018 After a general discussion by the board upon motion by Harold H. Fuller 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) abstention, J. Carroll Branham, this board did hereby approve the minutes for October 1 st, JOHN WATSON, VDOT REPRESENTATIVE John Watson, VDOT representative was absent for the meeting. MIKE HATFIELD, DEPUTY - CONSIDER APPROVING THE FALL 2018 INVITATION FOR LAW ENFORCEMENT GRANT APPLICATION FOR THE BUCHANAN COUNTY SHERIFF S OFFICE TO BE USED TO PURCHASE EQUIPMENT WITH NO LOCAL MATCH REQUIRED Deputy Mike Hatfield requested the approval to submit a grant application for the Buchanan County Sheriff s Office to be used to purchase equipment with no local match required

2 After a general discussion by the board upon motion of Trey Adkins seconded by Earl Scott and with a roll call vote of seven (7) yeas, Trey Adkins, Harold H. Fuller, G. Roger Rife, Earl Scott, Craig Stiltner, William P. Harris, J. Carroll Branham and zero (0) nays, this board did hereby approve the Fall 2018 Invitation for Law Enforcement Grant Application for the Buchanan County Sheriff s Office to be used to purchase equipment with no local match required. AMANDA SEXTON, PRESIDENT OF HEALING IN THE HILLS, INC. - CONSIDER APPROVING THE MEMORANDUM OF AGREEMENT BETWEEN BUCHANAN COUNTY, VIRGINIA AND HEALING IN THE HILLS TO PROVIDE A CONTRIBUTION IN ASSISTING WITH THE CALLING EVENT TO BE HELD ON FRIDAY, NOVEMBER 16 TH, 2018 Amanda Sexton, President of Healing in the Hills stated previously the board approved a Memorandum of Understanding between Healing in the Hills and the county. The contribution was in the amount of $2, We are having an event on Friday, November 16 th at The Connection, Hurley, Virginia, she stated. Russell County has been to Washington, D.C. to try and get legislation changed, she stated. Also, Tazewell County is getting a recovery house, which is something I want Buchanan County to get here. After a general discussion by the board upon motion by Trey Adkins seconded by Harold H. Fuller and with the following roll call vote of seven (7) yeas, Trey Adkins, Harold H. Fuller, William P. Harris, Earl Scott, G. Roger Rife, J. Carroll Branham, Craig Stiltner and zero (0) nays, this board did hereby approve to transfer the amount of $2, to be divided among the seven (7) districts park and recreation accounts to Healing in the Hills, account number and to issue a check in this amount pursuant to the following Memorandum of Agreement between Buchanan County, Virginia and Healing in the Hills that was adopted on November 5 th, MEMORANDUM OF AGREEMENT BETWEEN BUCHANAN COUNTY, VA AND HEALING IN THE HILLS Now come the parties, Healing in the Hills, Inc., Contractor, and Buchanan County, Va., a political subdivision of the Commonwealth of Virginia, County and hereby agree to the following: a) That Healing in the Hills shall provide care of citizens of Buchanan County that are suffering from substance abuse by providing recovery support services, emotional support services and educational services in regard to substance abuse

3 b) The County shall provide $2, (not to exceed $2, in a one-year period) in funding to Healing in the Hills to provide the aforementioned services in care of citizens and families of Buchanan County suffering from substance abuse addiction. c) The term of this contract shall be for a one-year period beginning on the 5 th day of November 2018 and ending on the 4 th day of November The County enters this contract pursuant to the authority of Va. Code section which states: Nothing in this section shall be construed to prohibit any county or city from making contracts with any sectarian institution for the care of indigent, sick or injured persons. The County recognizes the serious impact upon individuals and families in Buchanan County caused by the sickness of substance abuse addiction. EXECUTED IN DUPLICATE ORIGINALS: IN WITNESS HEREOF: CONTRACTOR: HEALING IN THE HILLS, INC. BY: Amanda Sexton, President of Healing in the Hills, Inc. BUCHANAN COUNTY, VIRGINIA ATTEST: BY: J. Carroll Branham, Chairman Buchanan County, Va. Board of Supervisors Robert Craig Horn, County Administrator APPROVED TO AS TO FORM ONLY: Lawrence L. Moise III, County Attorney AUDREY KIRK, WORKFORCE DEVELOPMENT COORDINATOR DISCUSS UNITED WAY OF SOUTHWEST VIRGINIA Audrey Kirt, Workforce Development Coordinator stated currently we are working with an ARC grant through United Way of Southwest Virginia. This grant will assist three (3) families to get licenses childcare in the county. It will either be a Day Care Center or a family Day Care Center at their homes, she stated. Buchanan County has no licenses Childcare Center here. They are required to be licensed to received the ARC grant funds, stated Ms. Kirt

4 Trey Adkins, Knox District Supervisor stated it would be great if you put this in the two (2) local newspapers to make people aware of this grant. I m sure there s people who would be interested. All advertisements go through social media and the library, stated Ms. Kirt. JON RIFE, GRUNDY KIWANIS FOUNDATION DISCUSS THE BUCHANAN COUNTY KIWANIS CHRISTMAS PARADE Jon Rife with Grundy Kiwanis Foundation thanked the board for the contribution to assist with the annual 5K run. Now, the Kiwanis Club is doing the Buchanan County/Kiwanis Christmas Parade, which is scheduled for November 26 th, 2018 at 5:45 p.m. We are trying to raise funds for the parade and if any funds are left over from the event, the Kiwanis Club will be donating it to the Buchanan County School System for their Closet of Needs Program, he stated. A contribution for the parade would be greatly appreciated, stated Mr. Rife. After a general discussion by the board upon motion of Craig Stiltner seconded by Trey Adkins and with a roll call vote of seven (7) yeas and zero (0) nays, this board did hereby approve a contribution in the amount of $ to be divided among the following accounts to Grundy Kiwanis Club for the Annual Buchanan County/ Kiwanis Christmas Parade scheduled for November 26 th, 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, CONSIDER APPROVING A CONTRIBUTION TO GRUNDY KIWANIS CLUB FOR KNOX DISTRICT KIWANIS CLUB After a general discussion by the board upon motion of Trey Adkins seconded by Craig Stiltner and with a roll call vote of seven (7) yeas, Trey Adkins, J. Carroll Branham, Earl Scott, G. Roger Rife, Harold H. Fuller, William P. Harris, Craig Stiltner, and zero (0) nays, this board did hereby approve a contribution in the amount of $

5 to Grundy Kiwanis Club from the Knox District Park and Development account ( ) earmarked for Knox District Kiwanis Club. HAROLD WOODS, RESIDENT DISCUSS A NOICE ORDINANCE Harold Woods, resident in the Prater District stated his neighbor has five (5) dogs that is constantly barking. The barking is non-stop and excessive. I don t want to get anybody s dogs took away, but I just want them to stop and live in peace, he stated. Craig Stiltner, Rocklick District Supervisor stated if a loud vehicle passes by going back and forth on the roadway in front of Mr. Woods house, wouldn t that constitute me infringing on his rights? Ray Foster, Sheriff stated that would definitely result in a loud exhaust. We do answer these calls. The dog owner should be responsible for the dogs, just like the vehicle owner for the loud exhaust, stated Mr. Stiltner. I wouldn t let my three (3) dogs bark all night. We had an ordinance that we tried to pass before, stated Trey Adkins, Knox District Supervisor. I think a dog owner should keep their dogs quiet after 10 or 11 p.m. We need to approve an ordinance that gives the sheriff s office something they can enforce, he stated. Mr. Stiltner stated we need a simple ordinance with only five (5) or six (6) lines. We need an ordinance that has some teeth in it, stated Mr. Moise. I ll bring an ordinance to the December board meeting for the board to consider. We need an ordinance to give the deputies the right to tell residents to get their dogs to quiet down, stated Mr. Woods. There s no difference a barking dog all night or a stereo blasting, commented Mr. Stiltner. The owner needs to be responsible for their dogs. If the dogs attack Mr. Woods, is the owner responsible, asked Mr. Stiltner? Yes, stated Sheriff Foster. These dogs are affecting Mr. Woods health from lose of sleep, stated Mr. Stiltner. The commonwealth attorney told me that I could file a lawsuit, stated Mr. Woods. The dogs are responsible for Mr. Woods mental or physical issues, stated Mr. Stiltner. You are a patient man. Rhonda Ramey, resident in the Prater District stated I live next to Mr. Woods and the sounds of those dogs barking is traveling straight to Mr. Woods house. Ms. Griffey played a recording of the barking dogs. These dogs have worked on Mr. Woods nerves, she stated. You cannot step outside, because the sound travels to our house from across 13335

6 the road and it s non-stop. It s the nature of a dog to bark, like when a baby cries, then the mother comforts the baby, stated Ms. Ramey. When a dog barks there s something wrong. Mr. Woods requested the board to come to his house and listen to the dogs barking even if it s just for a few minutes. I have three (3) dogs and not against dogs, I m against ones that are creating a problem for residents, stated Mr. Stiltner. I would start a lawsuit and it won t cost you a dime and you ll win in court. These barking dogs are the owner s responsibility, he stated. I ll have to move if something isn t done, stated Mr. Woods. MARCUS STILTNER, COAL HAUL ROAD ENGINEER CONSIDER SURPLUS FUNDS ON UPC STRUCTURAL REHABILITATION OF ASPHALT CONCRETE VARIOUS ROUTES IN THE AMOUNT OF $930, Marcus Stiltner, Coal Haul Road Engineer stated there is surplus funds on the Structural Rehabilitation of Asphalt Concrete various routes in the amount of $930,718. Fifty percent of the funding is revenue share state and 50% is local match that is already paid, he stated. The county has two (2) options first: transfer all (or some) of the funding to another revenue sharing project - in this case UPC Rte. 83 Curve Realignment and Intersection Improvement or the funding may be deallocated. In that scenario, the $465,359 already paid in by the county will be refunded, stated Mr. Stiltner. After a general discussion by the board upon motion by Trey Adkins seconded by Earl Scott with a roll call vote of seven (7) yeas, Trey Adkins, J. Carroll Branham, Earl Scott, G. Roger Rife, Harold H. Fuller, William P. Harris, Craig Stiltner and zero (0) nays, this board did hereby approve to move surplus funds on UPC Structural Rehabilitation of Asphalt Concrete various routes in the amount of $930, to the Route 83, Bend of Slate Road Project. Guy Dillow, resident asked if the funding could be put toward improvements on the Big Rock bridge? J. Carroll Branham, Chairman stated the funds can only be moved to a revenue sharing project for VDOT

7 RAY FOSTER, SHERIFF - CONSIDER AN ADDITIONAL BUDGET APPROPRIATION IN THE AMOUNT OF $70,000 TO PURCHASE TWO (2) NEW 2019 FORD POLICE INTERCEPTOR UTILITY VEHICLES Ray Foster, Sheriff stated I m asking for $70,000 to purchase two (2) new 2019 Ford Police Interceptor Utility vehicles. My office is getting desperate for vehicles, since the three (3) SRO s where hired and took the spare vehicles that I had, he stated. What I m running into now, is when a vehicle breaks down, the deputies are using vehicles from other deputies on their day off, stated Sheriff Foster. Also, they re riding their personal vehicles. Harold H. Fuller, Garden District Supervisor stated we ll try to help you out at budget time. I know the funds won t be available until July 2019 and I can t wait, stated Sheriff Foster. I have vehicles that has over 200,000 miles on them. I m putting deputies in vehicles that shouldn t be on the road, he stated. It s an accident waiting to happen. It s getting hard to operate my office on what I got, stated Sheriff Foster. Make the deputies double up in the vehicles that you have, stated Mr. Fuller. If we double up it takes away from time the deputies are on the road, stated Sheriff Foster. No wonder the gas bills are so high, stated Mr. Fuller. Why can t the night deputies use the day deputies vehicles, asked Trey Adkins, Knox District Supervisor. We ve been through a budget crisis for the past two (2) years and we ve got to start cutting back. The deputies could drive their personal vehicles to work and then get in a deputy car, he suggested. We ve got to stop and not with just you, but with others. Every other county buy s used vehicle s, sanitation trucks and deputy cars, stated Mr. Adkins. Keep your vehicles parked at the office and assign them to who s on duty, he stated. We have to many vehicles and we ve got to cut back. Sheriff Foster stated, I ve talked to Mr. Horn about leasing vehicles, which is flexible. When a deputy leaves home, he s on duty and if he s not in a deputy vehicle and in his personal vehicle, the compensation board says he s not on duty, stated Sheriff Foster. G. Roger Rife, South Grundy District Supervisor asked Sheriff Foster how many deputy vehicles he had now? About 34 vehicles, stated Sheriff Foster

8 I ve seen in the newspaper that there are grants available from homeland security, stated, J. Carroll Branham, Chairman. I think Bluefield received a grant for five (5) new vehicles with only a $20,000 match. We ve been looking for grants and never seen any to assist with purchasing vehicles, stated Sheriff Foster. I don t know how they find these grants. I have two (2) deputies looking for grants all the time, he stated. When we discussed the SRO s, you had vehicles for them to use that was in good shape, stated Mr. Stiltner. I don t know how we re going to fund two (2) new deputy vehicles, since we ve already tapped the E-911 Office for SRO positions and we ve been in that account two (2) or three (3) times, he stated. Enterprise sells vehicles really cheap, which might be something you could look into. I was told $70,000 would buy 10 vehicles. Robert C. Horn, County Administrator stated we ve talked about leasing vehicles before and you lose a vehicle every four (4) years, it makes more sense to me to buy a new vehicle. There is money in the Sheriff s Office budget that could be used to purchase a vehicle. After a general discussion by the board upon motion by Trey Adkins seconded by Harold H. Fuller with a roll call vote of seven (7) yeas, Trey Adkins, Craig Stiltner, Harold H. Fuller, G. Roger Rife, Earl Scott, William P. Harris, J. Carroll Branham and zero (0) nays, this board did hereby approve for the Sheriff s Department to purchase two (2) vehicles from the Sheriff s Office FY 2018/2019 budget. CONSIDER APPROVING AN ADDITIONAL BUDGET APPROPRIATION IN THE AMOUNT OF $13, TO THE BUCHANAN COUNTY SHERIFF S OFFICE EARMARKED FOR EXTRA EXPENSES FOR HIRING THE THREE (3) ADDITIONAL SCHOOL RESOURCE OFFICERS Ray Foster, Sheriff stated I m needing additional funding in the amount of $13,000 to help purchase ammunition, uniforms etc. for the three (3) School Resource Officers (SRO) that was recently hired. Craig Stiltner, Rocklick District Supervisor stated this is exactly what I thought would happen when we hired three (3) new SRO s for the school system. I ve been taking everything out of my office supplies for the three (3) new SRO s, stated Sheriff Foster. Upon motion by Harold H. Fuller to transfer the funds to the Sheriff s Dept. for the supplies, uniforms etc. his motion was seconded by William P. Harris

9 Robert C. Horn, County Administrator stated the Sheriff s Office can use another account that has funding without doing a transfer. Mr. Fuller withdrew his motion and Mr. Harris his second to the motion. PUBLIC HEARING 10:15 A.M. TO HEAR PUBLIC COMMENTS REGARDING THE PROPOSED ABANDONMENT OF WIMMER ROAD, COUNTY ROAD/BRIDGE NUMBER 5083 LOCATED IN THE GARDEN MAGISTERIAL DISTRICT J. Carroll Branham, Chairman opened the public hearing for comments. Harold H. Fuller, Garden District Supervisor stated there is only one (1) house on Wimmer Road and it s not being used. He stated that Marcus Stiltner, Coal Haul Road Engineer looked at the roadway and suggested taking it out of the county road system. Upon motion by Harold H. Fuller seconded by Craig Stiltner and with a roll call vote of seven (7) yeas, Harold H. Fuller, Craig Stiltner, Earl Scott, William P. Harris, Trey Adkins, J. Carroll Branham, G. Roger Rife and zero (0) nays, this board did hereby approve to close the public hearing. CONSIDER ADOPTING THE ORDER REGARDING THE ABANDONMENT OF WIMMER ROAD, COUNTY ROAD/BRIDGE NUMBER 5083 LOCATED IN THE GARDEN MAGISTERIAL DISTRICT. After a general discussion by the board upon motion by Harold H. Fuller seconded by Craig Stiltner with a roll call vote of seven (7) yeas, Harold H. Fuller, Craig Stiltner, Earl Scott, William P. Harris, Trey Adkins, J. Carroll Branham, G. Roger Rife and zero (0) nays, this board did hereby approve the following Order regarding the abandonment of Wimmer Road, county road/bridge number 5083 located in the Garden Magisterial District. BUCHANAN COUNTY, VIRGINIA BOARD OF SUPERVISORS ORDER Whereas, November 5 th, 2018 the Buchanan County, Virginia Board of Supervisors conducted a public hearing to consider the abandonment of Wimmer Road, County Road/Bridge # 5083, located in the Garden Magisterial District of Buchanan County; and Whereas, said public hearing was conducted after compliance with the notice provisions required by Va. Code sections through ; and Whereas, after the public hearing, the Buchanan County, Va. Board of Supervisors voted to abandon Wimmer Road, County Road/Bridge # 5083; and 13339

10 Whereas, the Buchanan County, Va. Board of Supervisors having found that no public necessity exists for the continuance of Wimmer Road and that the public would be served by abandoning Wimmer Road it is now ordered by the Board of Supervisors: That the Wimmer Road, County Road/Bridge # 5083 is hereby abandoned pursuant to Virginia Code sections through ; and 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 November 5 th, Date J. Carroll Branham, Chairman Buchanan County, Va. Board of Supervisors ATTEST: Robert Craig Horn County Administrator PUBLIC HEARING 10:15 A.M. TO HEAR PUBLIC COMMENTS REGARDING THE PROPOSED ADOPTION OF AN AMENDED ORDINANCE ENTITLED: AN ORDINANCE REGULATING FUNDING QUALIFICATIONS FOR VOLUNTEER FIRE AND RESCUE SQUADS This issue was tabled, no action taken. CONSIDER ADOPTING THE PROPOSED AMENDED ORDINANCE ENTITLED: AN ORDINANCE REGULATING FUNDING QUALIFICATIONS FOR VOLUNTEER FIRE AND RESCUE SQUADS This issue was tabled, no action taken. CONSIDER SIGNING TITLE TO THE 2019 POLARIS ATV VIN# TO GRUNDY VOLUNTEER FIRE DEPARTMENT Craig Stiltner, Rocklick District Supervisor stated we bought the ATV for the fire department. Trey Adkins, Knox District Supervisor stated the fire department trucks are in the county s name. Jason Matney, Chief of the Grundy Volunteer Fire Department stated the ATV need to be insured, whoever is responsible. L. Lee Moise, County Attorney stated I can prepare a lease between the Town of 13340

11 Grundy and county and include that the town would be responsible for the insurance. The ATV is not in service yet, it has to be in someone s name, stated Mr. Matney. I m not going to roll it out of the building, until I know it s insured. After a general discussion by the board upon motion by Craig Stiltner seconded by Harold H. Fuller and with the following roll call vote of seven (7) yeas, Craig Stiltner, William P. Harris, Trey Adkins, Earl Scott and zero (0) nays, this board did hereby approve the following Lease Agreement between the Town of Grundy; Buchanan County, Virginia and Grundy Volunteer Fire Department and authorized the Chairman of the Buchanan County Board of Supervisors and County Administrator for Buchanan County, Virginia to execute the Lease Agreement on behalf of Buchanan County with the approval as to form by the County Attorney. This Lease Agreement is for the 2019 Polaris ATV. THIS LEASE AGREEMENT made and entered into this 5 th day of November, 2018 by and between BUCHANAN COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia (hereinafter referred to as County or Lessor ), whose address is P.O. Box 950, Grundy, Virginia 24614; and the TOWN OF GRUNDY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, (hereinafter referred to as Town or Lessee ) whose address is 1103 Plaza Drive, Suite D, Grundy, Virginia 24614; W I T N E S S E T H: WHEREAS, the Grundy Volunteer Fire Department needs a Rescue ATV for the purpose of providing rescue emergency medical and medical transportation services for those riding the Coal Canyon Trail System in Buchanan County; and WHEREAS, the Grundy Volunteer Fire Department is a department of the Town of Grundy, Va; and WHEREAS, the Town of Grundy, Virginia Grundy desires to lease and/or rent the aforesaid 2019 Polaris ATV Serial # 4XARSE994KH for the use of the Grundy Volunteer Fire Department for the purpose of providing emergency medical and medical transportation services to the citizens of Buchanan County, Va.; and WHEREAS, the County desires to lease the aforesaid to the Town of Grundy for the use of the Grundy Volunteer Fire Department for ONE DOLLAR AND NO CENTS 13341

12 ($1.00) per year so to facilitate providing emergency medical and medical transportation services to the citizens of Buchanan County, Va.; and NOW, THEREFORE, in consideration of the aforementioned premises and the mutual covenants contained herein, the parties agree as follows: 1) The County agrees to lease the 2019 Polaris ATV, Serial # 4XARSE994KH to the Town of Grundy, for the use of the Grundy Volunteer Fire Department. TERM: Buchanan County to lease the above described ATV to the Town of Grundy for a term of one (1) year beginning the day of, 2018, and which lease shall be automatically renewable for five (5) additional terms of one (1) year unless the same is cancelled by the County. The County may cancel this lease by giving thirty (30) days notice to the Town of Grundy prior to the beginning of any renewal term. Upon any breach of this lease by the Town of Grundy the County may cancel this lease immediately and without notice. The Town of Grundy shall pay the County rent in the sum of One Dollar and No Cents ($1.00) per year. USE: During the term of this lease, the Town and the Grundy Volunteer Fire Department shall use the aforesaid 2019 Polaris ATV solely for providing emergency medical and medical transportation services to the citizens of Buchanan County, Va. 2) The 2019 Polaris ATV shall not be used for any other purpose without the prior written consent of the County, which consent may be withheld at the County s sole discretion. Grundy Volunteer Fire Department and the Town shall not use the aforesaid ATV for any unlawful purpose, and will comply with all present and future laws, ordinances, regulations, and orders of all governmental agencies, whether state or federal, and any other public authority having jurisdiction over the Grundy Volunteer Fire Department. 3) MAINTENANCE AND REPAIRS: Grundy Volunteer Fire Department or the Town shall maintain the aforesaid 2019 Polaris ATV and all improvements thereon in 13342

13 good order and repair, ordinary wear and tear excepted, and in a clean, safe, and attractive condition. 4) SURRENDER: The Town and the Grundy Volunteer Fire Department shall peacefully surrender the aforesaid 2019 Polaris ATV to the County at the expiration or other termination of the term hereof in as good a condition as when received, ordinary wear and tear excepted. Any property of the Town or the Grundy Volunteer Fire Department remaining in aforesaid 2019 Polaris ATV for more than sixty (60) days from the expiration or other termination of the term hereof shall become the property of the County, unless the County requires the removal of such property. 5) HOLDING OVER: If the Town or the Grundy Volunteer Fire Department has possession of the aforesaid 2019 Polaris ATV after the expiration or other termination of the term hereof, such possession shall be a tenancy from day to day upon all other provisions of this lease pertaining to the obligations of County. 6) ALTERATIONS AND ADDITIONS: The Town and the Grundy Volunteer Fire Department shall make no alterations, installations, additions, or improvements to the aforesaid 2019 Polaris ATV without the County s prior written consent 7) INSURANCE: The Town of Grundy shall provide full liability/collision/comprehensive insurance covering the aforesaid 2019 Polaris ATV with coverage of not less than the limit approved by the County Administrator. Upon the commencement date of this lease, and thereafter as reasonably requested by County, the Town of Grundy shall provide to County evidence of insurance required to be maintained by the Town and the Grundy Volunteer Fire Department pursuant to this lease. Such evidence of insurance shall be in a form reasonably acceptable to County. Each policy required herein shall contain an agreement that it will not be canceled or modified without at least thirty (30) days notice to County and will list the Buchanan County, Va. Board of Supervisors as an additional insured

14 8) DAMAGE OR DESTRUCTION: If the aforesaid 2019 Polaris ATV is totally or partially destroyed by any casualty, this lease may be immediately terminated by either party hereto. If the Town or the Grundy Volunteer Fire Department employees, agents, contractors, licensees, or invitees negligently or intentionally causes damage or destruction to the aforesaid 2019 Polaris ATV not covered by such insurance, the Town of Grundy agrees to repair such damage or destruction with reasonable promptness at its own cost and expense so that the aforesaid 2019 Polaris ATV is restored to its condition immediately prior to such damage. 9) TAXES: County shall pay all personal property taxes, if any, applicable to the aforesaid 2019 Polaris ATV during the term of this lease. 10) ASSIGNMENT AND SUBLETTING: The Town and the Grundy Volunteer Fire Department shall not voluntarily or by operation of law assign, transfer, sublet, or otherwise transfer or encumber all or any part of the aforesaid 2019 Polaris ATV, without the County s prior written consent. 11) INDEMNIFICATION: The Town of Grundy and the Grundy Volunteer Fire Department expressly agrees to indemnify and save the County and the County s successors and assigns, officers, supervisors, attorneys, and employees, harmless from and against any and all claims for loss, damage, injury, death, liability, or expense (including without limitation reasonable attorney s fees and court costs) however caused or incurred, resulting from, arising out of, or in any way connected with the operation, maintenance, and use of the aforesaid 2019 Polaris ATV. The indemnity of this section shall survive the expiration or other termination of this lease. 12) QUIET POSSESSION: Upon the paying the rent for the aforesaid 2019 Polaris ATV and observing and performing all of the covenants, conditions, and provisions part to be observed and performed hereunder, the Town of Grundy and the Grundy Volunteer Fire shall have quiet possession and use of the aforesaid 2019 Polaris ATV for the entire term hereof subject to all of the provisions of this lease

15 13) AUTHORITY ACCESS: The County and its agents and employees shall have the right to inspect the aforesaid 2019 Polaris ATV upon reasonable notice and at reasonable times for the purposes of inspecting the same, showing the same to prospective purchasers, lenders, or performing any work County elects to undertake made necessary by reason of default under the terms of this lease; provided, however, County shall have no obligation to undertake any such activity. 14) SEVERABILITY: If any provision of this lease shall be declared invalid or unenforceable, the remainder of this lease shall continue in full force and effect. 15) ENTIRE AGREEMENT AND AMENDEMENTS: This lease contains all the agreements between the parties hereto regarding the subject matters hereof and may not be modified in any manner other than by agreement in writing signed by both the parties hereto. 16) NOTICES: All notices provided for herein shall be in writing and be sent by registered or certified mail, postage fully prepaid, return receipt requested, to County Administrator, P.O. Box 950, Grundy, Virginia and to the Town of Grundy, 1103 Plaza Drive, Suite D, Grundy, Virginia ) EFFECT OF WAIVER OR FORBEARANCE: No waiver by the County of any breach of any obligations, agreements, covenants, or representations under this lease shall be a waiver of any subsequent breach or of any other obligation, agreement, covenant, or representation, nor shall any forbearance by the County to seek a remedy for any breach be a waiver by County of its rights and remedies with respect to that or any other breach. 18) CUMULATIVE REMEDIES: No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 19) BINDING EFFECT: Subject to any provisions hereof restricting assignment or subletting, the covenants, conditions, and agreements contained in this 13345

16 lease shall bind and inure to the benefit of the Town of Grundy and County as well as their respective successors and assigns. 20) COMPLIANCE WITH LAW: The Town and the Grundy Volunteer Fire Department shall, comply promptly with all applicable statutes, ordinances, rules, regulations, orders, covenants and restrictions of record, in effect during the term or any part of the term hereof, regulating the use of the aforesaid 2019 Polaris ATV. 21) REQUISITE AUTHORITY: The Buchanan County Board of Supervisors resolved that the County enter into this Lease Agreement on the 5 th day of November, 2018, and authorized J. Carroll Branham, Chairman, of the Buchanan County Board of Supervisors and Robert Craig Horn, County Administrator for Buchanan County to execute this document on behalf of County in a form approved by the County Attorney. The Town Council of the Town of Grundy resolved to enter into this Lease Agreement on the day of, 2018, and authorized James Keen, Town Manager to execute this document on behalf of said Town. 22) COUNSEL REVIEW: This document was reviewed by L. Lee Moise, County Attorney for Buchanan County, and the Town of Grundy and the Grundy Volunteer Fire Department Foundation acknowledge that they have been afforded the opportunity to have this lease reviewed by an attorney of its selection and fully understands that L. Lee Moise represents only the County in the preparation and execution of this lease agreement. Witness the following signatures and seals. EXECUTED IN DUPLICATE ORIGINALS TOWN OF GRUNDY, VIRGINIA By: (SEAL) James Keen, Town Manger BUCHANAN COUNTY, VIRGINIA By: (SEAL) J. Carroll Branham, Chairman of the Buchanan County Board of Supervisors 13346

17 ATTEST: (SEAL) Robert Craig Horn, County Administrator CONSIDER REQUEST FROM BUCHANAN COUNTY FIRE ASSOCIATION Jeremy Cook, Chief of Grundy Volunteer Fire Department stated recently a edispatch was implemented to assist in getting notifications out to the respective members of each fire department when a call for service is requested. This system helps bridge the gap with radio communication and helps ensure all embers receive the notification that they are needed. After a general discussion by the board upon motion by Trey Adkins seconded by Craig Stiltner and with the following roll call vote of seven (7) yeas, Trey Adkins, Harold H. Fuller, Earl Scott, William P. Harris, G. Roger Rife, Craig Stiltner, J. Carroll Branham and zero (0) nays, this board did hereby approve to transfer $ from the following fire departments to Oakwood Volunteer Fire Department, account number and to issue a check in in the amount of $1, to Oakwood Volunteer Fire Department earmarked for the edispatch System for the local fire departments. Council Volunteer Fire Dept. Grundy Volunteer Fire Dept. Harman Volunteer Fire Dept. Knox Creek Volunteer Fire Dept. Big Rock Volunteer Fire Dept. Patterson Volunteer Fire Dept. Russell Prater Volunteer Fire Dept. Slate Creek Volunteer Fire Dept. Whitewood Volunteer Fire Dept. Jewell Ridge Volunteer Fire Dept. CONSIDER REQUEST FROM KNOX CREEK VOLUNTEER FIRE DEPARTMENT Trey Adkins, Knox District Supervisor stated the Knox Creek Volunteer Fire Department has been awarded a $25,000 grant from Rural Development for equipment. Also, there is a $8,500 local match for the grant required. After a general discussion by the board upon motion by Trey Adkins seconded by Craig Stiltner with a roll call vote of seven (7) yeas, Trey Adkins, Harold H. Fuller, Earl Scott, William P. Harris, G. Roger Rife, Craig Stiltner, J. Carroll Branham and zero (0) nays, this board did hereby approve a contribution in the amount of $8, to Knox 13347

18 Creek Volunteer Fire Department from the fire department account, earmarked as matching funds for a grant. CONSIDER A CONTRIBUTION TO OAKWOOD FIRE AND RESCUE After a general discussion by the board upon motion by G. Roger Rife seconded by Harold H. Fuller with a roll call vote of seven (7) yeas and zero (0) nays, this board did hereby approve a contribution in the amount of $10,000 to Oakwood Fire and Rescue from the fire department account, earmarked for maintenance to the fire department. PUBLIC HEARING 10:30 A.M. TO HEAR PUBLIC COMMENTS REGARDING THE PROPOSED ADOPTION OF AN AMENDED ORDINANCE ENTITLED: AN ORDINANCE REGULATING TIPPING, TIRE DISPOSAL AND HAUL FEES J. Carroll Branham, Chairman opened the public hearing for comments. L. Lee Moise, County Attorney stated he added the following in the current ordinance: The County standard charge for hauling solid waste to the transfer station shall be $ per haul. After a general discussion by the board upon motion by Trey Adkins seconded by Earl Scott and with a roll call vote of six (6) yeas, Trey Adkins, Earl Scott, G. Roger Rife, Craig Stiltner, William P. Harris, J. Carroll Branham, zero (0) nays and one (1) absent, Harold H. Fuller, this board did hereby approve to close the public hearing. CONSIDER ADOPTING THE PROPOSED AMENDED ORDINANCE ENTITLED: AN ORDINANCE REGULATING TIPPING, TIRE DISPOSAL AND HAUL FEES After a general discussion by the board upon motion by Trey Adkins seconded by Earl Scott and with a roll call vote of seven (7) yeas, Trey Adkins, Earl Scott, G. Roger Rife, Craig Stiltner, William P. Harris, J. Carroll Branham, Harold H. Fuller and zero (0) nays, this board did hereby adopt the following ordinance entitled: Chapter 76 Solid Waste; Article III Collection and Disposal fees; County Code Sections Tipping and Tire Disposal Fees

19 SOLID WASTE ARTICLE III ---COLLECTION AND DISPOSAL FEES Tipping, Tire Disposal and Haul Fees A. Any person, firm or corporation who disposes of solid waste refuse at the Buchanan County Transfer Station shall be assessed a tipping fee in the amount of $ per ton. B. Any person, firm or corporation who disposes of tires at the Buchanan County Transfer Station shall be assessed a tire disposal fee in the amount of $76.00 per ton. C. The County standard charge for hauling solid waste to the transfer station shall be $100 per haul. This ordinance was adopted by the Buchanan County, Va. Board of Supervisors on the 5 th day of November Recorded Vote: J. Carroll Branham, Yea Trey Adkins, Yea Craig Stiltner, Yea Harold H. Fuller, Yea G. Roger Rife, Yea William P. Harris, Yea Earl Scott, Yea J. Carroll Branham, Chairman Attest: Robert C. Horn, County Administrator CONSIDER APPROVING THE APPLICATION AND CERTIFICATE FOR PAYMENT TO J. A. STREET & ASSOCIATES, INC. IN THE AMOUNT OF $898, REGARDING THE COMPREHENSIVE AGREEMENT FOR THE COURTHOUSE RENOVATION PROJECT After a general discussion by the board upon motion by Craig Stiltner seconded by Harold H. Fuller with a roll call vote of seven (7) yeas, Craig Stiltner, Harold H. Fuller, Earl Scott, William P. Harris, G. Roger Rife, Trey Adkins, J. Carroll Branham and zero (0) nays, this board did hereby approve the application and certificate for payment to J. A. Street & Associates, Inc. in the amount of $898, regarding the Comprehensive Agreement for the courthouse renovation project

20 CONSIDER APPROVING THE LEASE AGREEMENT BETWEEN PRATER VOLUNTEER FIRE DEPARTMENT, INC. AND BUCHANAN COUNTY, VIRGINIA AND AUTHORIZE THE CHAIRMAN OF THE BUCHANAN COUNTY BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR FOR BUCHANAN COUNTY, VIRGINIA TO EXECUTE THE LEASE AGREEMENT ON BEHALF OF BUCHANAN COUNTY WITH THE APPROVAL AS TO FORM BY THE COUNTY ATTORNEY. THIS LEASE AGREEMENT IS FOR THE 2006 FORD VAN AMBULANCE After a general discussion by the board upon motion by Earl Scott seconded by Trey Adkins with a roll call vote of seven (7) yeas, Craig Stiltner, Harold H. Fuller, Earl Scott, William P. Harris, G. Roger Rife, Trey Adkins, J. Carroll Branham and zero (0) nays, this board did hereby approve the following Lease Agreement between Prater Volunteer Fire Department, Inc. and Buchanan County, Virginia and authorize the Chairman of the Buchanan County Board of Supervisors and County Administrator for Buchanan County, Virginia to execute the Lease Agreement on behalf of Buchanan County with the approval as to form by the County Attorney. This Lease Agreement is for the 2006 Ford Van Ambulance: THIS LEASE AGREEMENT made and entered into this 5 th day of November, 2018 by and between PRATER VOLUNTEER FIRE DEPARTMENT, INC, (hereinafter referred to as Lessee ) whose address is P. O. Box 145, Vansant, Virginia and BUCHANAN COUNTY, VIRGINIA, (hereinafter referred to as County ), a political subdivision of the Commonwealth of Virginia, whose address is P.O. Box 950, Grundy, Virginia W I T N E S S E T H: THAT, WHEREAS, the Prater Volunteer Fire Department is a non-profit, nonstock corporation incorporated under the laws of the Commonwealth of Virginia; and WHEREAS, the Prater Volunteer Fire Department is in need of an ambulance; and WHEREAS, the Prater Volunteer Fire Department is a duly authorized and qualified non-profit corporation with section 501 (c) 3 status with the IRS; and WHEREAS, County is a political subdivision of the Commonwealth of Virginia and through its Board of Supervisors owns a 2006 Ford Van Ambulance, VIN# 1FDXE45P16HA43359, which is not currently in use; and WHEREAS, the Prater Volunteer Fire Department has a need for the Van Ambulance to be able to provide emergency medical and medical transportation services to the citizens of Buchanan County, Va.; and 13350

21 WHEREAS, Prater Volunteer Fire Department desires to lease and/or rent the aforesaid 2006 Ford Van Ambulance for the purpose of providing emergency medical and medical transportation services to the citizens of Buchanan County, Va.; and WHEREAS, the County desires to lease the aforesaid 2006 Ford Van Ambulance, to the Prater Volunteer Fire Department for ONE DOLLAR AND NO CENTS ($1.00) per year so to facilitate providing emergency medical and medical transportation services to the citizens of Buchanan County, Va.; and NOW, THEREFORE, in consideration of the aforementioned premises and the mutual covenants contained herein, the parties agree as follows: 1) The County agrees to lease, and the Prater Volunteer Fire Department agrees to rent the 2006 Ford Van Ambulance, VIN# 1FDXE45P16HA ) TERM: Buchanan County to lease the above described van ambulance to the Prater Volunteer Fire Department for a term of one (1) year beginning the 5 th day of November, 2018, and which lease shall be automatically renewable for five (5) additional terms of one (1) year unless the same is cancelled by the County. The County may cancel this lease by giving thirty (30) days notice to the Prater Volunteer Fire Department prior to the beginning of any renewal term. Upon any breach of this lease by the Prater Volunteer Fire Department the County may cancel this lease immediately and without notice. The Prater Volunteer Fire Department shall not have the right to terminate this Lease except in the event that the County defaults in observing its obligations as provided herein or the Prater Volunteer Fire Department dissolves its corporate existence. Prater Volunteer Fire Department shall pay the County the sum of One Dollar and No Cents ($1.00) per year. USE: During the term of this lease, Prater Volunteer Fire Department shall use the aforesaid 2006 Ford Van Ambulance solely for providing emergency medical and medical transportation services to the citizens of Buchanan County, Va. 3) The 2006 Ford van ambulance shall not be used for any other purpose without the prior written consent of the County, which consent may be withheld at the County s sole discretion. Prater Volunteer Fire Department shall not use the aforesaid van ambulance for any unlawful purpose, and will comply with all present and future laws, ordinances, regulations, and orders of all governmental agencies, whether state or federal, and any other public authority having jurisdiction over the Prater Volunteer Fire Department and the utility trailer described herein. 4) MAINTENANCE AND REPAIRS: Prater Volunteer Fire Department shall maintain the aforesaid 2006 Ford van ambulance and all improvements thereon in good order and repair, ordinary wear and tear excepted, and in a clean, safe, and attractive condition

22 5) SURRENDER: Prater Volunteer Fire Department shall peacefully surrender the aforesaid 2006 Ford van ambulance to the County at the expiration or other termination of the term hereof in as good a condition as when received, ordinary wear and tear excepted. Any property of Prater Volunteer Fire Department remaining in aforesaid 2006 Ford van ambulance for more than sixty (60) days from the expiration or other termination of the term hereof shall become the property of the County, unless the County requires the removal of such property. 6) HOLDING OVER: If Prater Volunteer Fire Department has possession of the aforesaid 2006 Ford van ambulance after the expiration or other termination of the term hereof, such possession shall be a tenancy from day to day upon all other provisions of this lease pertaining to the obligations of County. 7) ALTERATIONS AND ADDITIONS: The Prater Volunteer Fire Department shall make no alterations, installations, additions, or improvements to the aforesaid 2006 Ford van ambulance without the County s prior written consent 8) INSURANCE: Prater Volunteer Fire Department shall provide full liability/collision/comprehensive insurance covering the aforesaid 2006 Ford van ambulance with coverage of not less than the limit approved by the County Administrator. Upon the commencement date of this lease, and thereafter as reasonably requested by County, the Prater Volunteer Fire Department shall provide to County evidence of insurance required to be maintained by Prater Volunteer Fire Department pursuant to this lease. Such evidence of insurance shall be in a form reasonably acceptable to County. Each policy required herein shall contain an agreement that it will not be canceled or modified without at least thirty (30) days notice to County and will list the Buchanan County, Va. Board of Supervisors as an additional insured. 9) DAMAGE OR DESTRUCTION: If the aforesaid 2006 Ford Van ambulance is totally or partially destroyed by any casualty, this lease may be immediately terminated by either party hereto. If Prater Volunteer Fire Department employees, agents, contractors, licensees, or invitees negligently or intentionally causes damage or destruction to the aforesaid 2006 Ford van ambulance not covered by such insurance, Prater Volunteer Fire Department agrees to repair such damage or destruction with reasonable promptness at its own cost and expense so that the aforesaid 2006 Ford van ambulance is restored to its condition immediately prior to such damage. 10) TAXES: County shall pay all personal property taxes, if any, applicable to the aforesaid 2006 Ford van ambulance during the term of this lease. 11) ASSIGNMENT AND SUBLETTING: Prater Volunteer Fire Department shall not voluntarily or by operation of law assign, transfer, sublet, or otherwise transfer 13352

23 or encumber all or any part of the aforesaid 2006 Ford van ambulance, without the County s prior written consent. 12) INDEMNIFICATION: Prater Volunteer Fire Department expressly agrees to indemnify and save the County and the County s successors and assigns, officers, supervisors, attorneys, and employees, harmless from and against any and all claims for loss, damage, injury, death, liability, or expense (including without limitation reasonable attorney s fees and court costs) however caused or incurred, resulting from, arising out of, or in any way connected with the operation, maintenance, and use of the aforesaid 2006 Ford van ambulance. The indemnity of this section shall survive the expiration or other termination of this lease. 13) QUIET POSSESSION: Upon the Prater Volunteer Fire Department paying the rent for the aforesaid utility trailer and observing and performing all of the covenants, conditions, and provisions part to be observed and performed hereunder, the Prater Volunteer Fire Department shall have quiet possession and use of the aforesaid 2006 Ford van ambulance for the entire term hereof subject to all of the provisions of this lease. 14) AUTHORITY ACCESS: The County and its agents and employees shall have the right to inspect the aforesaid 2006 Ford van ambulance upon reasonable notice and at reasonable times for the purposes of inspecting the same, showing the same to prospective purchasers, lenders, or tenants, or performing any work County elects to undertake made necessary by reason of default under the terms of this lease; provided, however, County shall have no obligation to undertake any such activity. 15) SEVERABILITY: If any provision of this lease shall be declared invalid or unenforceable, the remainder of this lease shall continue in full force and effect. 16) ENTIRE AGREEMENT AND AMENDEMENTS: This lease contains all the agreements between the parties hereto regarding the subject matters hereof and may not be modified in any manner other than by agreement in writing signed by both the parties hereto. 17) NOTICES: All notices provided for herein shall be in writing and be sent by registered or certified mail, postage fully prepaid, return receipt requested, to County Administrator, P.O. Box 950, Grundy, Virginia and to the Prater Volunteer Fire Department, P. O. Box 145, Vansant, Virginia ) EFFECT OF WAIVER OR FORBEARANCE: No waiver by the County of any breach of any obligations, agreements, covenants, or representations under this lease shall be a waiver of any subsequent breach or of any other obligation, agreement, covenant, or representation, nor shall any forbearance by the County to seek a remedy for 13353

24 any breach be a waiver by County of its rights and remedies with respect to that or any other breach. 19) CUMULATIVE REMEDIES: No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 20) BINDING EFFECT: Subject to any provisions hereof restricting assignment or subletting, the covenants, conditions, and agreements contained in this lease shall bind and inure to the benefit of the Prater Volunteer Fire Department and County as well as their respective successors and assigns. 21) COMPLIANCE WITH LAW: Prater Volunteer Fire Department shall, comply promptly with all applicable statutes, ordinances, rules, regulations, orders, covenants and restrictions of record, in effect during the term or any part of the term hereof, regulating the use of the aforesaid Ford 2006 van ambulance. 22) REQUISITE AUTHORITY: The Buchanan County Board of Supervisors resolved that the County enter into this Lease Agreement on the 5 th day of November, 2018, and authorized J. Carroll Branham, Chairman, of the Buchanan County Board of Supervisors and Robert Craig Horn, County Administrator for Buchanan County to execute this document on behalf of County in a form approved by the County Attorney. The Prater Volunteer Fire Department resolved to enter into this Lease Agreement on the 1 st day of October, 2018, and authorized Jeff Fuller, Chief for Prater Volunteer Fire Department to execute this document on behalf of said corporation. 23) COUNSEL REVIEW: This document was reviewed by L. Lee Moise, County Attorney for Buchanan County, and the Prater Volunteer Fire Department acknowledges that it has been afforded the opportunity to have this lease reviewed by an attorney of its selection and fully understands that L. Lee Moise represents only the County in the preparation and execution of this lease agreement. Witness the following signatures and seals. EXECUTED IN DUPLICATE ORIGINALS PRATER VOLUNTEER FIRE DEPARTMENT By: (SEAL) Jeff Fuller, Chief BUCHANAN COUNTY, VIRGINIA By : (SEAL) J. Carroll Branham, Chairman of the Buchanan County Board of Supervisors Attest: Robert Craig Horn, County Administrator 13354