MINUTES. G. Roger Rife, Chairman William P. Harris Harold H. Fuller Craig Stiltner Trey Adkins J. Carroll Branham Earl Scott

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1 MINUTES A regular meeting of the Buchanan County Board of Supervisors was held on Monday the 2 nd day of December 2013 starting at 10:00 o clock a.m. in the boardroom of the Buchanan County Courthouse located in Grundy, Virginia. PRESENT: G. Roger Rife, Chairman William P. Harris Harold H. Fuller Craig Stiltner Trey Adkins J. Carroll Branham Earl Scott Robert Craig Horn County Administrator L. Lee Moise, County Attorney The meeting was called to order with Prayer and Pledge of Allegiance. BILL KEENE, TREASURER - UPDATE Bill Keene, Treasurer stated in the month of October the county received $722, in mineral license tax. Even though gas several tax is doing well, the county will still be short approximately $2 million in this year s budget, he commented. We ve received $3,333, in the past five (5) month in mineral license taxes. Robert Craig Horn, County Administrator stated when the board approved the budget there was $1.7 million added to surplus and if you add that amount to the $2 million shortfall and include the $500, to the school system and the $333, to the IDA, the budget will be $4 million short. Mr. Keene agreed with Mr. Horn regarding the upcoming shortfall in the county s budget. We should be receiving $833, per month in mineral license tax based upon what was budgeted for this fiscal year. DARRELL CANTRELL, DIRECTOR FOR THE BUCHANAN COUNTY PUBLIC SERVICE AUTHORITY Darrell Cantrell, Director requested permission to readvertise for the Phase II Archeological study regarding the Hurley Regional Water Project, Phase IV. He stated EEE Consulting Services subcontracted Dovetail Cultural Resources, Inc. to perform the archeological survey on the former timber camp, which was done but not submitted to the Department of Historic Resources (DHR)

2 Jeff Fisher with EEE Consulting Services stated we hired Dovetail Cultural Resources, Inc. to perform the archeological survey at the Ritter Lumber Company Mill Site. The report indicated that there would be no adverse effect to the cultural resources of the area. Typically, Dovetail would submit the report to DHR for their concurrence immediately following our review and approval of the report, he stated. However, Dovetail had a new project manager working on the project and he didn t submit the report to DHR on our behalf. He stated all the notices were submitted on time for this project. Rick Chitwood, Project Manager with Thompson & Litton Inc. stated we have to take an extra step when using Community Development Block Grant (CDBG) Funds received from the Virginia Department of Housing and Community Development (DHCD). We had to make sure that Ritter Lumber Company Mill Site wasn t listed as a national historic place. Even though Dovetail Cultural Resources, Inc. failed to submit the Phase II archeological survey to DHR, they didn t find anything. We need permission to readvertise for the Phase II Archeological Study regarding the Hurley Regional Water Project, Phase IV with Thompson & Litton paying for the cost of the readvertisement, he stated. Robert Craig Horn, County Administrator asked about the information that he s certifying for the Release of Funds and Certification Forms. It s very confusing and I m not sure what I m certifying. L. Lee Moise, County Attorney stated Mr. Horn has been requested to certify the Request for Release of Funds without any documentation. Mr. Cantrell stated Cumberland Plateau Planning District is supposed to provide the information to Mr. Horn. Mr. Horn needs to request the appropriate documentation before signing any forms or documents. After a general discussion by the board upon motion by Trey Adkins seconded by William P. Harris with a roll call vote of seven (7) yeas, Trey Adkins, Earl Scott, William P. Harris, Harold H. Fuller, J. Carroll Branham, G. Roger Rife, Craig Stiltner and zero (0) nays, this board did hereby approve to readvertise for the Phase II Archeological Study regarding the Hurley Regional Water Project, Phase IV upon the condition that Thompson & Litton, Inc. agrees to pay the cost for the readvertisement. Also, Rick Chitwood from Thompson and Litton and Darrell Cantrell, Director of the PSA certified to the Board of Supervisors that all the information required certifying by the County Administrator on the Release of Funds and Certification Form submitted by the Cumberland Plateau Regional Planning District has been completed

3 FRANKIE SMITH TO DISCUSS THE FUNDING TO THE BUCHANAN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY FOR THE ECONOMIC DEVELOPMENT PROJECT WITH SUNCOKE ENERGY Frankie Smith, resident stated I think the board of supervisors should have scheduled a public hearing first before approving the grant funds to the Buchanan County Industrial Development Authority (IDA) at the special called meeting last month. This is only my opinion, he stated. It was out of line how the grant was written, which didn t allow other companies, such as TECO and Wellmore to be able to apply for this grant, stated Mr. Smith. The board came out of closed session and made a motion to approve the grant, which should have been tabled until a public hearing was held first. Mr. Smith stated SunCoke is making a $45 million investment by constructing the new coal preparation plant. It will provide seven (7) high paying jobs in the county. The $1million the county is providing to the IDA would make a difference to the citizens of Buchanan County for the school system, water projects and road projects. Why was Buchanan County the only one approached to support the construction plan for the new prep plant? Why wasn t Russell and Tazewell Counties approached to support the construction plan, since SunCoke has mineral holdings in both counties, he stated. It will take at least six (6) years for the county to recoup the $1 million grant. This isn t an overnight project, stated Mr. Smith. How much coal is in Buchanan County that s mineable? William P. Harris, Hurricane District Supervisor commented that he agreed with Mr. Smith. One hour before the special called meeting, SunCoke/Jewell Officials stated they would be receiving $500,000 from the state, $275,000 from the Tobacco Commission and the $225,000 from Buchanan County in support of the new prep plant, he commented. Mr. Smith commented the highest paying jobs for SunCoke don t even live in Buchanan County. I would suggest requesting Mr. Mullins with SunCoke to request grant funds from Tazewell and Russell Counties. Mr. Harris made a motion to rescind the grant funds in the amount of $1 million to the IDA earmarked for the new coal preparation plant for SunCoke Energy. I ve thought about it every day, since it was voted to give them the million dollars and it was wrong. G. Roger Rife, Chairman commented I don t think SunCoke will take the grant funds appropriated to the IDA. SunCoke only requested the board to show support to the governor for the project. How can we treat one coal company any different than the other companies? How will be able to refuse the other coal companies that need to repair something in order for them to increase production or make more money? I m really concerned about the county s funds, since we re running short each month and we can t keep spending, he commented. Earl Scott seconded Mr. Harris motion to rescind the grant funds in the amount of 10363

4 $1 million to the IDA earmarked for the new coal preparation plant for SunCoke Energy. With the following roll call vote: three (3) yeas, William P. Harris, Earl Scott, G. Roger Rife and four (4) nays, Trey Adkins, Craig Stiltner, Harold H. Fuller and J. Carroll Branham, the motion failed. Mr. Harris stated I don t want to tell taxpayers that I voted to take their money and I voted right. Trey Adkins, Knox District Supervisor stated this is a no-brainer for the county. I will support identical grant awards for other coal companies, such as TECO if they are looking to make major new investments in Buchanan County. I would make a motion to give them a million dollars if it will increase the tax base for the county, just as CONSOL or any other companies, he commented. This is a way of supporting coal jobs in the county, in my opinion. Mr. Rife stated there s $52 million in Virginia Coalfield Economic Development Funds (VCEDA), which comes from our mineral severance taxes for economic development projects. Jay Rife, Chairman of the IDA stated VCEDA wouldn t appropriate funding for this project because it s a coal project. HAROLD WOODS, RESIDENT - DISCUSS HUNTING ON COUNTY PROPERTY Harold Woods, resident stated some residents are getting fined for hunting on county owned property. He stated resident s pays taxes on their property, why can t they hunt on property owned by the Buchanan County Industrial Development Authority s (IDA) property? William P. Harris, Hurricane District Supervisor stated I have no problem with residents hunting on IDA property. Robert Craig Horn, County Administrator and IDA Director stated I ve received several phone calls regarding this issue. I understand that several tickets have been given out for specifically hunting on the property owned by the IDA at Southern Gap. The IDA owns hundreds of acres, which isn t currently posted warning against trespassing. I have informed the game warden the property isn t posted, he stated. Craig Stiltner, Rocklick District Supervisor stated, I m an avid hunter and I get permission before I hunt on someone else s property, unless it s my own property. If a resident is going to hunt of IDA property, then they should obtain permission first and ask the IDA board, he commented. Trey Adkins, Knox District Supervisor stated if you re going to let one hunt on county property, then you should let all

5 Mr. Stiltner stated its well known by hunters to obtain permission first before hunting on someone else s property, if not it s illegal. The game warden is doing his job, he commented. Mr. Adkins stated the IDA needs to make it clear to people, either that it s illegal to hunt on IDA property or posted. Jay Rife, Chairman of the IDA commented the IDA Board of Directors welcomes anyone who would like to discuss this issue at one of our meetings. G. Roger Rife, Chairman stated the IDA board is a separate board from the board of supervisors. I would recommend anyone with concerns to attend the IDA meeting. Mr. Horn stated the next IDA meeting is scheduled for December 16 th at 5:00 p.m. at the IDA Office on Southern Gap. Frankie Smith, resident suggested the IDA preparing a form for hunters to fill out requesting to hunt on the IDA property. This would give everyone an equal opportunity if they want to hunt. He stated some states have a lottery for hunting. G. Roger Rife commented since the elk was released the game warden is really watching the Southern Gap property. JOBETH WAMPLER, EXECUTIVE DIRECTOR TO REQUEST FUNDING REGARDING THE BUCHANAN COUNTY YOUTH INC. S DRUG FREE COMMUNITY COALITION COUNTYWIDE AFTER-GRADUATION PARTY JoBeth Wampler, Executive Director for Buchanan County Youth, Inc. thanked the board for their contribution with the County-wide After-Graduation Party, which was held at the Walmart Parking Garage this past June. The event is sponsored by Buchanan County Youth Inc s Drug Free Community Coalition. She stated there were over 100 kids that participated in the event this past June with even more expected to attend in Ms. Wampler requested a contribution to assist with the graduation party. The event provides graduates with a safe, substance-free atmosphere to celebrate, she stated. After a general discussion by the board upon motion by Craig Stiltner seconded by Harold H. Fuller and with a roll call vote of seven (7) yeas, Craig Stiltner, Harold H. Fuller, Trey Adkins, G. Roger Rife, William P. Harris, Earl Scott, J. Carroll Branham and zero (0) nays, this board did hereby approve a contribution in the amount of $7, to Buchanan County Youth Incorporated to be divided equally among the following seven (7) district park and recreation accounts, earmarked for the Drug Free Community Coalition: Prater District South Grundy District North Grundy District Knox District Rocklick District 10365

6 Hurricane District Garden District DISCUSSION REGARDING GUARDRAILS FOR THE RIGHT- HAND FORK OF GUESSES FORK Larry Gibson, resident in the Knox Magisterial District voiced a concern regarding the need for guardrails along the roadway on State Route 647, on the righthand fork of Guesses Fork. He stated that he d been told that coal severance taxes were supposed to fix it. There s a very dangerous curve along this roadway that needs the guardrails installed. Mr. Gibson provided photo s of the area and a petition with several hundred signatures requesting the placement of guardrails along this roadway. He stated there s a 75 foot embankment from the roadway to the bottom. Trey Adkins, Knox District Supervisor stated the curve is near Rick Stacy s Garage on Guesses Fork. I ve discussed this with Mr. Stacy, who is willing to give permission or easement to install the guardrails in this area. I ve been trying to get this done. The Virginia Department of Transportation (VDOT) informed us that there s not enough shoulder that exists along this curve for the installation of a guardrail, he stated. We have to get permission from VDOT before we can do anything, which I m working on. It ll be too late to do anything, once a school bus loaded with children wrecks on this curve, voiced Mr. Adkins. VDOT then will install a guardrail once it s too late. Mr. Gibson stated there have been several accidents in this area and other places where guardrails needed to be installed. I ve seen guardrails installed in areas where there s only eight (8) inches of shoulder along the roadway. Our children are on a school bus daily where there s no guardrail and a drop-off of approximately 50 feet, stated Mr. Gibson. Why not try to do something to save some of kids. If the board can t do something, then we re going to find someone that will do something. I m here for all the children. James Keen, Town Manager and former member of the Commonwealth Transportation Board commented he couldn t speak on behalf of VDOT, but I know that this is a problem. One thing we ve got to work toward is to get some deviation from the standards that are used in order to do this type of work, he commented. I m not familiar with the area on Guesses Fork, but I m familiar with an area near VP#5 mines on Deskins, he stated. Mr. Adkins stated Home Creek Mountain is bad too. Mr. Keen suggested compiling a list of critical safety points in the county and request someone from VDOT to come here and review these areas

7 G. Roger Rife, Chairman commented the board will work with VDOT and try to get something done. Harold H. Fuller, Garden District Supervisor stated the board will be going to Richmond in January for legislative meetings. We can bring these issues up during the VDOT meeting. PUBLIC HEARING 10:30 A.M. TO HEAR PUBLIC COMMENTS CONCERNING THE ADDITIONAL APPROPRIATIONS THAT HAVE BEEN MADE TO THE BUCHANAN COUNTY S BUDGET FOR THE FISCAL YEAR 2013/2014 AS OF NOVEMBER 4 TH, 2013 G. Roger Rife, Chairman opened the public hearing for comments. Frankie Smith, resident stated regarding the $333, grant funds provided for SunCoke Energy, if the county recoups the grant funds in thirty (30) years, it s a good investment. The board needs to ask if the new prep plant is going to happen with or without us, he stated. Upon motion by Earl Scott seconded by Craig Stiltner and with a roll call vote of seven (7) yeas, Craig Stiltner, Harold H. Fuller, Trey Adkins, G. Roger Rife, William P. Harris, Earl Scott, J. Carroll Branham and zero (0) nays, this board did hereby approve to close the public hearing. CONSIDER ADOPTING THE RESOLUTION RATIFYING ADDITIONAL APPROPRIATIONS THAT HAVE BEEN MADE TO THE BUCHANAN COUNTY BUDGET FOR FISCAL YEAR 2013/2014 After a general discussion by the board upon motion by Harold H. Fuller seconded by Craig Stiltner and with a roll call vote of seven (7) yeas, Craig Stiltner, Harold H. Fuller, Trey Adkins, G. Roger Rife, William P. Harris, Earl Scott, J. Carroll Branham and zero (0) nays, this board did hereby adopt the following Resolution ratifying additional appropriations that have been made to the Buchanan County budget for fiscal year 2013/2014: RESOLUTION ADDITIONAL APPROPRIATIONS DURING THE FISCAL YEAR 2013/2014 THAT WHEREAS, the Buchanan County Board of Supervisors has made numerous additional appropriations during the fiscal year that increased the amount of appropriations provided for in the County's budget as follows: JULY ADDITIONAL APPROPRIATIONS 2013 Department Account Number Date Amount Hurricane District Park and Rec July 8th, 2013 $2, Hurricane District Park and Rec July 8th, 2013 $2,

8 Garden District Park and Rec July 8th, 2013 $1, Garden District Park and Rec July 8th, 2013 $ Garden District Park and Rec July 8th, 2013 $ Fair July 8th, 2013 $1, South Grundy Park and Dev July 8th, 2013 $3, Fair July 8th, 2013 $ Treasurer's Office July 8th, 2013 $39.00 South Grundy Park and Dev July 8th, 2013 $ South Grundy Park and Dev July 8th, 2013 $4, Fair July 8th, 2013 $6, Athletic Field July 8th, 2013 $1, Circuit Court Clerk's Office July 8th, 2013 $ TOTAL $24, AUGUST ADDITIONAL APPROPRIATIONS 2013 Department Account Number Date Amount Capital Outlay Fund 1, August 5th, 2013 $302, Miscellaneous Expense August 5th, 2013 $ Town Fines and Interest August 5th, 2013 $ Hurricane District Park and Rec August 5th, 2013 $3, Hurricane District Park and Rec August 5th, 2013 $7, Hurricane District Park and Rec August 5th, 2013 $2, Fair August 5th, 2013 $1, Fair August 5th, 2013 $ Fair August 5th, 2013 $7, Fair August 5th, 2013 $ Fair August 5th, 2013 $8, Fair August 5th, 2013 $2, Fair August 5th, 2013 $10, Fair August 5th, 2013 $4, South Grundy Park and Dev August 5th, 2013 $3, South Grundy Park and Dev August 5th, 2013 $33, Litter Control August 5th, 2013 $1, Animal Shelter F10, August 5th, 2013 $ Treasurer's Office August 5th, 2013 $ Circuit Court Clerk's Office August 5th, 2013 $1, Sheriff's Office August 5th, 2013 $20.00 Sheriff's Office August 5th, 2013 $1, Sheriff's Office August 5th, 2013 $ TOTAL $392, SEPTEMBER ADDITIONAL APPROPRIATION 2013 Department Account Number Date Amount Town Fines and Interest September 9th, 2013 $ Garden District Park and Rec September 9th, 2013 $1, Garden District Park and Rec September 9th, 2013 $ Garden District Park and Rec September 9th, 2013 $1, Garden District Park and Rec September 9th, 2013 $ Hurricane District Park and Rec September 9th, 2013 $1, General Properties September 9th, 2013 $2, Rowe Community Center September 9th, 2013 $ Fair September 9th, 2013 $2, Fair September 9th, 2013 $ Poplar Gap Athletic Field September 9th, 2013 $

9 Sheriff's Office September 9th, 2013 $2, Sheriff's Office September 9th, 2013 $46.75 Sheriff's Office September 9th, 2013 $71.50 Sheriff's Office September 9th, 2013 $ Sheriff's Office September 9th, 2013 $5, Treasurer's Office September 9th, 2013 $57.00 Circuit Court Clerk's Office September 9th, 2013 $ Circuit Court Clerk's Office September 9th, 2013 $72.82 TOTAL $20, October Additional Appropriations 2013 Department Account Number Date Amount Buchanan Co. IDA October 7th, 2013 $70, Litter Control October 7th, 2013 $8, Internet Crimes Against Children Fund, October 7th, 2013 $3, Library October 7th, 2013 $2, Sheriff's Office October 7th, 2013 $ South Grundy Dist. Park & Dev October 7th, 2013 $3, Hurricane District Park & Rec October 7th, 2013 $1, Circuit Court Clerk's Office October 7th, 2013 $ Capital Outlay Fund 1, October 7th, 2013 $3, Litter Control October 7th, 2013 $ General Properties October 7th, 2013 $ Athletic Field October 7th, 2013 $ Athletic Field October 7th, 2013 $75.00 Athletic Field October 7th, 2013 $ Fair October 7th, 2013 $1, Fair October 7th, 2013 $ TOTAL $98, NOVEMBER Additional Appropriations 2013 Department Account Number Date Amount Sheriff's Office November 4th, 2013 $325, Commonwealth Attorney's Office November 4th, 2013 $8, General Properties November 4th, 2013 $ Tourism (ATV) November 4th, 2013 $ Garden District Park and Rec November 4th, 2013 $ Garden District Park and Rec November 4th, 2013 $ South Grundy Dist. Park & Dev November 4th, 2013 $3, Hurricane District Park & Dev November 4th, 2013 $ Treasurer's Office November 4th, 2013 $ Treasurer's Office November 4th, 2013 $89.50 Drug Task Force F31, November 4th, 2013 $ Sheriff's Office November 4th, 2013 $ Circuit Court Clerk's Office November 4th, 2013 $ Landfill November 4th, 2013 $ Athletic Field Supplies November 4th, 2013 $ General Properties November 4th, 2013 $ Circuit Court Clerk's Office November 4th, 2013 $ TOTAL $339, TOTAL FOR JULY - NOVEMBER $875,

10 WHEREAS, the total amount of such additional appropriations made as of November 4 th, 2013 in the total amount of Eight Hundred and Seventy-Five Thousand Sixty-One Dollars and Ninety-Four Cents ($875,061.94), due to Buchanan County not having spent other funds which were listed as appropriations in the budget for fiscal year and due to Buchanan County having received greater than expected revenues for the fiscal year , these additional appropriations shall not require Buchanan County to have any tax rate increase to pay for such additional appropriations, and Buchanan County shall have an anticipated fund balance for the fiscal year , and, NOW THEREFORE, BE IT RESOLVED, that Buchanan County proposes to ratify the foregoing additional appropriations which have been made and to ratify the amendment of its budget for the fiscal year to reflect such additional appropriations and to further approve the amendment of its budget for the fiscal year to reflect such estimated additional appropriations which are to be made hereafter; and, it is further RESOLVED, that the Buchanan County Board of Supervisors held a public hearing on Monday the 2 nd day of December 2013 in the Board of Supervisors Meeting Room, in the Buchanan County Courthouse, located on Courthouse Square, in the Town of Grundy, Virginia, to hear public comments concerning the foregoing which the County Administrator did give notice of such public hearing as provided by law. This Resolution was adopted by the Buchanan County Board of Supervisors on this the 2 nd day of December, Recorded Vote: Moved by: Harold H. Fuller Seconded by: Craig Stiltner Yeas: Seven Nays: Zero ATTEST: Chairman of the Buchanan County Board of Supervisors Robert Craig Horn, County Administrator CONSIDER SCHEDULING A PUBLIC HEARING REGARDING THE PROPOSED CLOSURE OF A SECTION OF COUNTY ROAD #3200 IN THE PRATER MAGISTERIAL DISTRICT G. Roger Rife, Chairman stated three (3) or four (4) years ago the board held a public hearing regarding the proposed closure of a section of county road located on the top of the mountain at Little Prater. This issue was tabled with no action taken at that time. Recently, there have been two (2) accidents along this portion of roadway, he stated

11 L. Lee Moise, County Attorney stated the Code of Virginia requires the board to issue abandonment within four (4) months after the public hearing. After a general discussion by the board upon motion by Earl Scott seconded by Craig Stiltner and with a roll call vote of seven (7) yeas, Craig Stiltner, Harold H. Fuller, Trey Adkins, G. Roger Rife, William P. Harris, Earl Scott, J. Carroll Branham and zero (0) nays, this board did hereby approve to schedule a public hearing at the February 2014 board of supervisors meeting to hear public comments concerning the proposed closure of a section of County Road #3200 in the Prater Magisterial District: NOTICE OF PUBLIC HEARING The Buchanan County Board of Supervisors will conduct a Public Hearing on Monday the 3 rd day of February, 2014 at 10:30 o clock a.m., in the Board of Supervisors meeting room, in the basement of the Buchanan County Courthouse, on Courthouse Square, in Grundy, Virginia, to hear public comments concerning the proposed closure of a section of County Road # 3200 in the Prater Magisterial District. The section of County Road # 3200 proposed to be closed is approximately.70 miles in distance. This section of county road scheduled to be closed shall commence at the intersection of Virginia State Route 604 and shall terminate near the intersection of Virginia State Routes 604 and 744. The purpose for the closure of this section of road is for safety of the traveling public. This section of County Road #3200 scheduled to be closed is no longer needed due to the construction of new Route 604/744 and other road development along the Southern Gap Development site. A map depicting the section of County Road #3200 to be closed is available in the Office of the County Administrator located on the Fourth Floor of the Buchanan County Courthouse, corner of Walnut and Main Streets, Grundy, Virginia. PLEASE CONDUCT YOURSELF ACCORDINGLY. Robert Craig Horn, County Administrator Date MARCUS STILTNER, COAL HAUL ROAD ENGINEER - CONSIDER ADOPTING A RESOLUTION REGARDING THE THREE (3) PAVING CONTRACTS WITH W & L CONSTRUCTION & PAVING COMPANY, INC. Marcus Stiltner, Coal Haul Road Engineer stated three (3) paving contracts were awarded to W & L Construction & Paving Company, Inc. for paving jobs at Harman Elementary School Park, Big Rock Park and Big Rock Volunteer Fire Department in the past few months. The invoices for the three (3) paving projects decreased approximately $ based upon the contracts for the projects, due to differing site conditions and variations in estimated quantities of asphalt tonnage

12 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, Trey Adkins, G. Roger Rife, William P. Harris, Earl Scott, J. Carroll Branham and zero (0) nays, this board did hereby approve the following Resolution regarding the three (3) paving contracts with W-L Construction & Paving Company, Inc.: RESOLUTION ON W-L CONSTRUCTION & PAVING CONTRACTS WHEREAS, three (3) paving contracts were awarded to W&L Construction and Paving totaling $88, for paving jobs at Harman Elementary School Park, Big Rock Park, and Big Rock Volunteer Fire Department, and; WHEREAS, due to differing site conditions and variations in estimated quantities additional asphalt tonnage was required for Harman Elementary School Park and a deduction in asphalt tonnage was required for Big Rock Park and Big Rock Volunteer Fire Department, and; WHEREAS, these variations in estimated quantities did not increase the total project costs of these three (3) projects combined, and; WHEREAS, the invoiced amount for these three (3) projects is $88,531.13, which is less than original, and; NOW THEREFORE BE IT RESOLVED, that Buchanan County Board of Supervisors authorizes these change orders of variations in estimated quantities for these (3) paving contracts as stated above. Adopted on this the 2nd day of December Recorded Vote: Moved by: Craig Stiltner Seconded by: Harold H. Fuller Yeas: Seven Nays: Zero ATTEST: Robert Craig Horn, County Administrator Chairman Buchanan County, Va. Board of Supervisors CONSIDER ADOPTING A RESOLUTION REGARDING COAL HAUL ROAD CONTRACT CHR13-ND-03GDR After a general discussion by the board upon motion by J. Carroll Branham seconded by Trey Adkins with a roll call vote of seven (7) yeas, J. Carroll Branham, Trey Adkins, Craig Stiltner, Harold H. Fuller, William P. Harris, G. Roger Rife, Earl Scott and zero (0) nays, this board did hereby adopt the following Resolution regarding Coal Haul Road Contract CHR13-ND-03GDR: 10372

13 RESOLUTION ON COAL HAUL ROAD CONTRACT CHR13-ND-03GDR WHEREAS, Coal Haul Road Contract CHR13-ND-03GDR was awarded to Webster & Webster Inc., and; WHEREAS, due to differing site conditions additional guardrail was required on County Road 3014 Radio Drive and 3055 Enoch s Branch Road, and; WHEREAS, the additional guardrail resulted in an increase of $3, to the original contract, and; budget; and; WHEREAS, this increase is within 10% of the original contract amount and within NOW THEREFORE BE IT RESOLVED, that Buchanan County Board of Supervisors authorizes this coal haul road contract change order and approves the additional cost of $3, on coal haul road contract CHR13-ND-03GDR. Adopted on this the 2nd day of December Recorded Vote: Moved by: J. Carroll Branham Seconded by: Trey Adkins Yeas: Seven Nays: Zero ATTEST: Robert Craig Horn, County Administrator Chairman Buchanan County, Va. Board of Supervisors CONSIDER ADOPTING A RESOLUTION REGARDING COAL HAUL ROAD CONTRACT CHR13-RD-05GDR 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, J. Carroll Branham, Trey Adkins, Craig Stiltner, Harold H. Fuller, William P. Harris, G. Roger Rife, Earl Scott and zero (0) nays, this board did hereby adopt the following Resolution regarding Coal Haul Road Contract CHR13-RD-05GDR: RESOLUTION ON COAL HAUL ROAD CONTRACT CHR13-RD-05GDR WHEREAS, Coal Haul Road Contract CHR13-RD-05GDR was awarded to Webster & Webster Inc., and; WHEREAS, due to insufficient right-of-way guardrail that was originally intended for county road 2351 MilkWeed Road was moved to county road 2283 Ponderosa Road, and; WHEREAS, as a result of this change in location additional guardrail in the amount of LF was required to satisfactorily complete said project, and; WHEREAS, the additional rail cost resulted in an increase of $4, to the original contract amount, and; 10373

14 budget; and; WHEREAS, this increase is within 10% of the original contract amount and within NOW THEREFORE BE IT RESOLVED, that Buchanan County Board of Supervisors authorizes this coal haul road contract change order and approves the additional cost of $4, on coal haul road contract CHR13-RD-05GDR. Adopted on this the 2nd day of December Recorded Vote: Moved by: Craig Stiltner Seconded by: Harold H. Fuller Yeas: Seven Nays: Zero ATTEST: Robert Craig Horn, County Administrator Chairman Buchanan County, Va. Board of Supervisors CONSIDER APPROVING THE LAND USE PERMITS FROM CONSOL ENERGY REGARDING CR 5490, ROAD ENTRANCE AND PIPELINE CROSSING 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, J. Carroll Branham, Trey Adkins, Craig Stiltner, Harold H. Fuller, William P. Harris, G. Roger Rife, Earl Scott and zero (0) nays, this board did hereby approve the Land Use Permits from CNX Gas Company, LLC. to construct road access and place a pipeline crossing on county road number 5490, Laurel Fork/Gross Hollow located in the Garden Magisterial District. CONSIDER ADOPTING A RESOLUTION TO ACCEPT THE DEED OF GIFT FOR TACKETT ROAD LOCATED IN THE KNOX MAGISTERIAL DISTRICT BETWEEN DAVID TACKETT AND PATTY TACKETT, HUSBAND AND WIFE; JAMES TACKETT AND CAROLYN TACKETT, HUSBAND AND WIFE AND DAVID DEXTER DOTSON TO BUCHANAN COUNTY, VIRGINIA AND AUTHORIZE G. ROGER RIFE, CHAIRMAN OF THE BUCHANAN COUNTY BOARD OF SUPERVISORS AND ROBERT CRAIG HORN, COUNTY ADMINISTRATOR FOR BUCHANAN COUNTY, VIRGINIA TO EXECUTE SUCH DEED ON BEHALF OF BUCHANAN COUNTY TO ACKNOWLEDGE ITS ACCEPTANCE OF SUCH PROPERTY WITH THE APPROVAL AS TO FORM BY THE COUNTY ATTORNEY 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, Harold H. Fuller, Craig Stiltner, William P. Harris, G. Roger Rife, Earl Scott, J. Carroll Branham and zero (0) nays, this board did hereby adopt the following Resolution to accept the Deed of Gift for Tackett Road located in the Knox Magisterial District between David Tackett and 10374

15 Patty Tackett, husband and wife; James Tackett and Carolyn Tackett, husband and wife and David Dexter Dotson to Buchanan County, Virginia and authorize G. Roger Rife, Chairman of the Buchanan County Board of Supervisors and Robert Craig Horn, County Administrator for Buchanan County, Virginia to execute such Deed on behalf of Buchanan County to acknowledge its acceptance of such property with the approval as to form by the County Attorney: RESOLUTION ACCEPTANCE OF DEED OF GIFT BETWEEN DAVID TACKETT AND PATTY TACKETT, HUSBAND AND WIFE; JAMES TACKETT AND CAROLYN TACKETT, HUSBAND AND WIFE AND DAVID DEXTER DOTSON TO BUCHANAN COUNTY, VIRGINIA REGARDING TACKETT ROAD, COUNTY ROAD NUMBER 2051 LOCATED IN THE KNOX MAGISTERIAL DISTRICT BE IT RESOLVED, by the Buchanan County Board of Supervisors that we approve acceptance of the property described in that Deed of Gift attached hereto between David Tackett and Patty Tackett, husband and wife; James Tackett and Carolyn Tackett, husband and wife and David Dexter Dotson and Buchanan County, Virginia and authorized the Chairman of the Buchanan County Board of Supervisors and Robert Craig Horn, County Administrator for Buchanan County, Virginia to execute such Deed on behalf of Buchanan County to acknowledge its acceptance of such property with the approval as to form by the County Attorney. This Resolution was adopted by the Buchanan County Board of Supervisors on this the 2 nd day of December, 2013 by a roll call vote of seven for and zero against. ATTEST: Chairman of the Buchanan County Board of Supervisors Robert Craig Horn, County Administrator THIS DEED OF GIFT, made and entered into on this the 2 nd day of December, 2013, by and between DAVID TACKETT AND PATTY TACKETT, husband and wife, JAMES TACKETT AND CAROLYN TACKETT, husband and wife, AND DAVID DEXTER DOTSON, hereinafter sometimes referred to as GRANTORS, and BUCHANAN COUNTY, VIRGINIA, a Political Subdivision of the Commonwealth of Virginia, hereinafter sometimes referred to as GRANTEE. [Exempt from recordation taxes pursuant to Code (A) (3).] 10375

16 W I T N E S S E T H: WHEREAS, the Grantee wishes to maintain a bridge with turn around area which is a part of the public road in the Knox Magisterial District for the traveling public, named Tackett Road, County Road # 2051; and WHEREAS, the Grantors desire to give and donate and the Grantee desires to accept such property as set forth in this deed of conveyance to provide the right of way for a bridge with turn around area which is part of the public road known as Tackett Road, County Road # 2051; and, NOW THEREFORE, for and in consideration of promoting the public interest by providing a bridge with turn around area which is part of a public road known as Tackett Road, County Road # 2051; for use of the traveling public, the Grantors do hereby give, donate, grant and convey unto the Grantee, WITH GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE, all their right, title and interest in and to all of those certain tracts or parcels of land situate in the Knox Magisterial District, in Buchanan County, Virginia, and being a portion of the same property which were acquired by the Grantors as set out in the sources of title herein, and being more particularly bounded and described as follows: The existing bridge deck centerline area is described as follows: Beginning at a point of intersection of Virginia State Route 645 edge of pavement and the existing bridge centerline survey of the right-of-way to be conveyed, said point having approximate North American Datum 1983 geographic coordinate values of Latitude N and Longitude W, the POINT OF BEGINNING; thence along the centerline of the existing bridge area survey, with all courses based on Grid North, Virginia State Plane South Zone, North American Datum 1983 : N W a distance of feet to a point at the end of the proposed right of way. The Grantors further grant and convey unto the Grantee a required turning area described as follows: Beginning at a point at the end of the above described centerline thence N E feet to a point in the outside edge of an existing paved drive; thence following the outside edge of said drive way the following courses and distances N E feet; thence N E feet to a point in the outside edge of said drive, said point is directly over top of a corrugated metal drain pipe; thence leaving the outside edge of said drive and running with the center of said corrugated metal drain pip N W feet to a point in the opposite edge of said paved drive said point is directly over top of said corrugated metal drain pipe; thence leaving said drain pipe and running with the outside edge of said drive the follow coursed and distances S W feet; thence S W feet; thence S W feet; thence S E feet; thence N E ; thence leaving the edge of said drive N E to the point of beginning and encompassing an are of square feet more or less

17 Source and title for grantors: David Tackett and Patty Tackett, husband and wife, acquired a portion of the land affected by this right-of-way deed by a deed conveyance recorded in Deed Book 257, Page 063 in the Clerk s Office of the Circuit Court of Buchanan County, Virginia. For a more particular description of said conveyance reference is made to the recorded deed. Said land affected by this right-of-way deed is shown as parcels #026 on Tax Map #2HH-174. Source and title for grantors: James Tackett and Carolyn Tackett, husband and wife, acquired a portion of the land affected by this right-of-way deed by a deed conveyance recorded in Deed Book 257, page 065 in the Clerk s Office of the Circuit Court of Buchanan County, Virginia. For a more particular description of said conveyance reference is made to the recorded deed. Said land affected by this right-ofway deed is shown as parcels #029 on Tax Map #2HH-174. Source and title for grantor: David Dexter Dotson, acquired a portion of the land affected by this right-of-way deed by a deed conveyance recorded in Instrument No in the Clerk s Office of the Circuit Court of Buchanan County, Virginia. For a more particular description of said conveyance reference is made to the recorded deed. Said land affected by this right-of-way deed is shown as parcels #097 on Tax Map #2HH Included in this deed of conveyance is the permanent right and easement to use such additional areas for cut and/or fill slopes as being required for the proper execution of the work to be performed. Said work shall include location and construction of, or other improvement to, a public road to be used and utilized by the general public at large for all public transportation purposes. Said permanent easement will be utilized for maintenance of cut and/or fill slopes created as a requirement for the proper execution of the work to be performed. Included in this deed of conveyance is the right and easement to construct, improve, relocate and maintain any creek, drain, drainage ditch or other drainage facilities that may exist on the lands of the Grantors or that may be needed or convenient for the proper and adequate drainage of the aforesaid road and surrounding property and/or location, construction, reconstruction or other improvement of a road within the property to be conveyed. AND FURTHER WITNESSETH: That the Grantors, for the consideration state above, also covenants and agrees, upon demand of any public utility company or corporation having its facilities in, over or across the lands herein conveyed, that they, the said Grantor, will give, grant and convey unto such public utility company or corporation an easement in, over and across the lands of the Grantor lying adjacent to the lands herein conveyed for the relocation, construction, operation and maintenance of said facilities. The Grantors covenants to and with the Grantee that they will warrant generally the title to the property hereby conveyed; that they have the right to convey same to the Grantee; that the Grantee shall have quiet possession of same, free from encumbrances, 10377

18 that Grantors has done no act to encumber same; and, that Grantors will execute such other and further assurances of title as may be requisite. There is hereby excepted and reserved from the operation of this conveyance such of the coal, oil, minerals, rights, privileges, etc., as may have been heretofore sold or excepted from said land by prior owners. Additionally, this conveyance is subject to all exceptions, limitations or conditions contained in any document which constitutes a muniment of title to the property being conveyed herein and that have been heretofore been recorded in the Clerk s Office of the Circuit Court of Buchanan County, Virginia. That on the 2 nd day of December, 2013, the Buchanan County Board of Supervisors, at a duly held meeting of the Board, approved the acquisition of the property described herein and the Chairman of the Buchanan County Board of Supervisors and the County Administrator for Buchanan County by their execution of this Deed acknowledge that the Buchanan County Board of Supervisors has authorized this property acquisition. The execution of this Deed by Lawrence L. Moise III, County Attorney for Buchanan County, Virginia indicates his approval of the form of this Deed. INRE: CONSIDER ADOPTING A RESOLUTION TO ACCEPT THE DEED OF GIFT OF RIGHT-OF-WAY AND EASEMENT FOR LICK LOG ROAD LOCATED IN THE ROCKLICK MAGISTERIAL DISTRICT BETWEEN REGINA GAY REYNOLDS TO BUCHANAN COUNTY, VIRGINIA AND AUTHORIZE G. ROGER RIFE, CHAIRMAN OF THE BUCHANAN COUNTY BOARD OF SUPERVISORS AND ROBERT CRAIG HORN, COUNTY ADMINISTRATOR FOR BUCHANAN COUNTY, VIRGINIA TO EXECUTE SUCH DEED ON BEHALF OF BUCHANAN COUNTY TO ACKNOWLEDGE ITS ACCEPTANCE OF SUCH PROPERTY WITH THE APPROVAL AS TO FORM BY THE COUNTY ATTORNEY 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, William P. Harris, Trey Adkins, G. Roger Rife, Earl Scott, J. Carroll Branham and zero (0) nays, this board did hereby adopt the following Resolution to accept the Deed of Gift of Right-of-Way and Easement for Lick Log Road located in the Rocklick Magisterial District between Regina Gay Reynolds to Buchanan County, Virginia and authorize G. Roger Rife, Chairman of the Buchanan County Board of Supervisors and Robert Craig Horn, County Administrator for Buchanan County, Virginia to execute such Deed on behalf of Buchanan County to acknowledge its acceptance of such property with the approval as to form by the County Attorney: 10378

19 RESOLUTION ACCEPTANCE OF DEED OF GIFT OF RIGHT-OF-WAY AND EASEMENT BETWEEN REGINA GAY REYNOLDS TO BUCHANAN COUNTY, VIRGINIA REGARDING LICK LOG ROAD, COUNTY ROAD NUMBER 2355 LOCATED IN THE ROCKLICK MAGISTERIAL DISTRICT BE IT RESOLVED, by the Buchanan County Board of Supervisors that we approve acceptance of the property described in that Deed of Gift of Right-of-Way and Easement attached hereto between Regina Gay Reynolds and Buchanan County, Virginia and authorized the Chairman of the Buchanan County Board of Supervisors and Robert Craig Horn, County Administrator for Buchanan County, Virginia to execute such Deed on behalf of Buchanan County to acknowledge its acceptance of such property with the approval as to form by the County Attorney. This Resolution was adopted by the Buchanan County Board of Supervisors on this the 2 nd day of December, 2013 by a roll call vote of seven for and zero against. ATTEST: Chairman of the Buchanan County Board of Supervisors Robert Craig Horn, County Administrator THIS DEED OF GIFT OF RIGHT-OF-WAY AND EASEMENT, made and entered into on this the 2 nd day of December, 2013, by and between REGINA GAY REYNOLDS; hereinafter sometimes referred to as "GRANTOR", and BUCHANAN COUNTY, a Political Subdivision of the Commonwealth of Virginia, hereinafter sometimes referred to as "GRANTEE". [Exempt from recordation taxes pursuant to Code ] WITNESSETH: WHEREAS, Lick Log Road, Buchanan County Road Number 2355, was taken into the Buchanan County road system on March 4, 1987 based on a prescriptive easement and there exists the need to provide repairs and improvement along said road for drainage purposes; and WHEREAS, the Grantor owns the property along said Lick Log Road County Road Number 2355 upon which repairs and improvements to the drainage facilities are needed; and WHEREAS, the Grantor has agreed to convey by gift, a permanent right-of-way and easement upon and across the lands and property of the Grantor adjacent to Lick Log Road for the purpose of constructing, operating, maintaining, adding to, altering or replacing present or future drainage structures and/or drainage ditches for the collection, channeling, and disbursement and removal of storm water and its transmission under and 10379

20 off of Lick Log Road County Road Number 2355 Rocklick Magisterial District and including the right of egress and ingress to same drainage structure and/or drainage ditch; and now therefore, THAT for and in consideration of the benefit to be derived by the general public from this gift, the Grantor does hereby give, grant and convey, with covenants of general warranty, unto the said Grantee, its successors and assigns, the following described perpetual right-of-way and easement, to-wit: The proposed drainage easement is described as follows: Beginning at a point located along the eastern bank of Lick Log Branch, said point being located approximately forty-two feet northeast of the point of intersection of the existing Lick Log Road pavement and the centerline of a driveway providing access to residences located at 1530 Lick Log Road and 1532 Lick Log Road, the POINT OF BEGINNING; thence S W a distance of feet; thence N W a distance of feet; thence N E a distance of feet; thence S E a distance of feet; thence returning to the POINT OF BEGINNING as defined above and encompassing an area of square feet and all as more fully described on that plat of survey by J. Todd Van Meter, L.S., having Virginia License No. 2664, and which plat dated May 28, 2013 being entitled: PLAT SHOWING A SURVEY OF A PROPOSED DRAINAGE EASEMENT BOUNDARY. THE EASEMENT BOUNDARY IS A PORTION OF THE KENNETH CARL REYNOLDS AND REGINA GAY REYNOLDS PROPERTY AS DESCRIBED IN DEED BOOK 297 PAGE 243 AND SHOWN AS PARCEL NUMBER 018B ON TAX MAP 2HH-155. THE PROPOSED EASEMENT IS TO BE USED FOR THE IMPROVEMENT OF LICK LOG ROAD. a copy of said plat is made a part hereof by reference. Source and title for Grantors: Kenneth Carl Reynolds and Regina Gay Reynolds, husband and wife, acquired a portion of the land affected by this right-of-way deed by a deed of conveyance recorded in Deed Book 297, Page 243 in the Clerk s Office of the Circuit Court of Buchanan County, Virginia. For a more particular description of said conveyance reference is made to the recorded deed. Said land affected by this right-ofway deed is shown as a portion of parcel #018B on Tax Map #2HH-155. Subsequent to this convenience Kenneth Carl Reynolds died intestate with his sole heir being his wife, Regina Gay Reynolds. Included in this right-of-way conveyance is the right for the Grantee and their agents to inspect the drainage structure and/or drainage ditch and to cut, clear, and remove all undergrowth and other obstructions in and along the drainage structure and/or drainage ditch or adjacent thereto that may in any way endanger or interfere with the proper use of same. The Grantor by the execution of this instrument acknowledges that the plans for the aforesaid said drainage easement as they affect his property have been fully explained to him or his authorized representative

21 The Grantor covenants to and with the Grantee that he will warrant generally the title to the property hereby conveyed; that they have the right to convey same to the Grantee; that the Grantee shall have quiet possession of same, free from encumbrances, that they have done no act to encumber same other than the deeds of trust and assignments thereof as described above; and, that they will execute such other and further assurances of title as may be requisite. The Grantor further covenants that he owns all of the rights conveyed herein and that there are no other persons who need to sign this Deed to convey such rights. That on the 2 nd day of December, 2013, the Buchanan County Board of Supervisors, at a duly held meeting of the Board, approved the acquisition of the rightof-way and drainage easement described herein and the Chairman of the Buchanan County Board of Supervisors and the County Administrator for Buchanan County by their execution of this Deed acknowledge that the Buchanan County Board of Supervisors has authorized acceptance of this right-of-way conveyance. The execution of this Deed by Lawrence L. Moise III, County Attorney for Buchanan County, Virginia, indicates his approval of the form of this Deed. CONSIDER ADOPTING A RESOLUTION TO ACCEPT THE DEED OF GIFT OF RIGHT-OF-WAY AND EASEMENT FOR RED DIRT ROAD LOCATED IN THE PRATER MAGISTERIAL DISTRICT BETWEEN JACKIE WRIGHT AND AMANDA WRIGHT, HUSBAND AND WIFE TO BUCHANAN COUNTY, VIRGINIA AND AUTHORIZE G. ROGER RIFE, CHAIRMAN OF THE BUCHANAN COUNTY BOARD OF SUPERVISORS AND ROBERT CRAIG HORN, COUNTY ADMINISTRATOR FOR BUCHANAN COUNTY, VIRGINIA TO EXECUTE SUCH DEED ON BEHALF OF BUCHANAN COUNTY TO ACKNOWLEDGE ITS ACCEPTANCE OF SUCH PROPERTY WITH THE APPROVAL AS TO FORM BY THE COUNTY ATTORNEY Marcus Stiltner, Coal Haul Road Engineer stated the Deed of Gift of Right-of- Way and Easement for Red Dirt Road is a drainage easement. G. Roger Rife, Chairman asked how much work can be done on a drainage easement by the county. L. Lee Moise, County Attorney stated the drainage easement is done to protect a county road. We can t do anything to private property without this drainage easement, he stated. Mr. Rife asked if it s a driveway, does this give us excuse to work a private driveway? Mr. Moise stated yes it does give us permission to work a private driveway. Mr. Rife voiced we might as well do away with the Coal Haul Road Policy and make it a first come first serve policy