MINUTES RECOGNIZING BUCHANAN COUNTY ALL STARS 2015 SEVEN AND EIGHT YEAR OLD GIRLS SOFTBALL TEAM

Transcription

1 MINUTES A regular meeting of the Buchanan County Board of Supervisors was held on Monday the 13 th day of July 2015 starting at 10:00 o clock a.m. in the boardroom of the Buchanan County Courthouse located in Grundy, Virginia. PRESENT: Trey Adkins, Chairman William P. Harris Harold H. Fuller J. Carroll Branham Craig Stiltner G. Roger Rife Earl Scott Robert Craig Horn County Administrator L. Lee Moise, County Attorney The meeting was called to order with Prayer and Pledge of Allegiance. RECOGNIZING BUCHANAN COUNTY ALL STARS 2015 SEVEN AND EIGHT YEAR OLD GIRLS SOFTBALL TEAM Craig Stiltner, Rocklick District Supervisor recognized the Buchanan County All- Stars 2015 seven (7) and eight (8) year old girls softball team. He stated the girls softball team was undefeated District 11 Champions and Undefeated Section 1 State Champions. Mr. Stiltner presented a plaque to Coach Craig Viers, Coach Derek Keen and Angie Horn, Manager, as well as trophies to the twelve (12) girls that did the outstanding job: Cadie Stiltner, Kadence Keen, Izzy Horn, Ashleigh Davis, Maggie Viers, Tiffany Deel, Jade Vencil, Kadie McNutt, Cadence McCowan, Jadyn Lester, Brianna Viers and Adrianne Abshire. ASHLEY MILLER REQUEST DONATION FOR RIVERVIEW ELEMENTARY/MIDDLE SCHOOL CHEERLEADERS Ashley Miller, Riverview Middle School Cheerleading Coach stated I m here today to request a contribution on behalf of five (5) young girls who are up for a once in a lifetime opportunity. In June, our Riverview Middle School Cheerleaders attended a cheer camp with the renowned company, Universal Cheerleaders Association (UCA). At this camp, there was an All American tryout, where the girls perform different tasks to receive such an honor. We were fortunate enough to have five (5) girls names as UCA All Americans: Alayna Crigger, Emily Lester, Isabella Goins, Gracie Davis and Shiane Matney

2 These girls were chosen along with 495 of the country s best athletes in the sport of cheerleading, stated Ms. Miller. Being a UCA All-American enables these girls to travel and attend the Philadelphia Thanksgiving Day Parade. We will be traveling on a charter bus from Grundy to Philadelphia on Tuesday, November 24 th and return on Friday, November 27 th, stated Ms. Miller. During this trip, the girls will be visiting several historical landmarks and museums. We desperately want to make this a possibility for all five (5) cheerleaders and don t want the cost to hinder the children of our community from having such a wonderful, life-changing experience, she commented. The amount for the charter bus is $4, and the UCA Company fees for five (5) cheerleaders are $3, for a total of $7, that we are requesting today, stated Ms. Miller. Please understand we are grateful for any contribution you may be able to make. Again, no contribution is too small. I d like to close with saying that these five (5) girls, along with their seven (7) other teammates are my life, stated Ms. Miller. I devote everything I have to them and if I could, I d fund to take them all over the word for endless opportunities. They are already valuable member of our community. This cheerleading squad participates in helping with the Buchanan County Humane Society, Fair, Relay for Life, Grundy SpiritFest, just to name a few, stated Ms. Miller. They are the future of this county; please help make our future a brighter place. Alayna Crigger, Riverview Middle School Cheerleader stated this will be my last opportunity to go, because this is my last year at Riverview Elementary/Middle School and with Ms. Miller. We may never have an opportunity to participate with the Universal Cheerleaders Association (UCA). Craig Stiltner, Rocklick District Supervisor commented there is a concern that the cheerleading squad isn t a 501(c)(3). Robert C. Horn, County Administrator stated the contribution will be given to the school. Harold H. Fuller, Garden District Supervisor asked why they needed a charter bus with only five (5) girls? Ms. Miller stated there s several family members going on this trip and it s the cheapest that we can get. Mr. Stiltner stated I ve watched these girls perform on videos. You have to be very athletic to be cheerleaders. It s hard to make a difference between cheerleaders, football and basketball and I don t want to make a difference. We ll put your request in the contribution folder and see if board members will assist today with the deposit for the charter bus, stated Mr. Stiltner

3 CONSIDER WAIVING THE READING OF THE MINUTES After a general discussion by the board upon motion by J. Carroll Branham seconded by William P. Harris and with a unanimous voice vote by the board, this board did hereby approve to waive the reading of the minutes for June 1 st, 8 th and 15 th, CONSIDER APPROVAL OF MINUTES FOR JUNE 1 ST AND CONTINUED MEETINGS HELD ON JUNE 8 TH AND 15 TH, 2015 Upon motion by Craig Stiltner seconded by Harold H. Fuller to approve the minutes for June 1 st and continued meeting held on June 8 th and 15 th, Trey Adkins, Chairman stated I ve been advised by my attorney to make a statement prior to the approval of the minutes. In the pass we ve used the practice not to put every word in a discussion in the minutes. The last set of minutes there was one particular part in the minutes during the meeting that the entire conversation wasn t written. I want it noted in this set of minutes that I did bring this to the attention of the board, he stated. There may be some pending legal action on the last set of minutes for June 15 th, stated Mr. Adkins. Mr. Adkins continued with the roll call vote: Earl Scott, yes; William P. Harris, yes; J. Carroll Branham, yes. G. Roger Rife, South Grundy District Supervisor asked how many supervisors have read the minutes? Earl Scott, Prater District Supervisor stated nobody. Craig Stiltner, Rocklick District Supervisor stated before you answer this, you need to poll the board of supervisor because I know at least one board member has read the minutes. Mr. Adkins stated I m going to eliminate the discussion period and ask to continue the roll call vote. The following roll call vote of seven (7) yeas, J. Carroll Branham, Harold H. Fuller, Craig Stiltner, G. Roger Rife, William P. Harris, Trey Adkins, Earl Scott and zero (0) nays, this board did hereby approve the minutes for June 1 st and continued meetings held on June 8 th and 15 th, BETTY BEVINS, FORMER INTERIM DIRECTOR FOR CLINCH INDEPENDENT LIVING SERVICES Betty Bevins, former Interim Director for Clinch Independent Living Services (CILS) introduced Tim Prater, the new Director for CILS, who started with CILS last week. I ll be here six (6) to seven (7) more weeks, supporting Mr. Prater as he settles into his position

4 Tim Prater, Director for CILS stated I m here to assist the board of supervisor in any way. Please don t hesitate to contact me if there s anything that I can do. Craig Stiltner, Rocklick District Supervisor thanked Ms. Bevins for the support that she s given for CILS. Trey Adkins, Chairman thanked Ms. Bevins and Mr. Prater. I know Mr. Prater will do a great job, since he did a great job while he was principal at Hurley Elementary/Middle School. KEN SMITH, RESIDENT ON CRYSTAL BALL ROAD LOCATED IN THE NORTH GRUNDY MAGISTERIAL DISTRICT Ken Smith, resident on Crystal Ball Road located in the North Grundy Magisterial District stated on June 1 st I attended the board of supervisors meeting complaining about the issues with Crystal Ball Road. I m yet to meet with someone from the Buchanan County Public Service Authority (PSA) or the county. We ve had several hard rains since then and now there s more sliding, he stated. If you needed to get a fire truck up that road, you couldn t. I ve been told that the Virginia Department of Transportation (VDOT) has told the county they can t clean out the ditch line, he stated. If this isn t addressed, property values on the hill are going to go down, besides the safety issues. The PSA twenty (20) years ago, installed the waterlines up the roadway, which is what is causing things to slide and degrade now, stated Mr. Smith. The edge of the road is deteriorating now. Trey Adkins, Chairman stated the PSA ran the waterlines in the 1990 s and now the road is deteriorating. Mr. Smith stated some patchwork has been done and the PSA has been there and marked it, but they haven t been back. There s something wrong, since the water isn t draining correctly. James Stiltner, resident stated his mother s property joins Mr. Smith s property on Crystal Ball Road. Mr. Adkins requested the County Administrator to schedule a meeting with Greg McClanahan, Marcus Stiltner, Lee Moise, J. Carroll Branham, Ken Smith and James Stiltner to discuss the issues regarding Crystal Ball Road, located in the North Grundy Magisterial District

5 MARCUS STILTNER, COAL HAUL ROAD ENGINEER - CONSIDER APPROVING TO SCHEDULE A PUBLIC HEARING FOR MONDAY, SEPTEMBER 14 TH AT 10:05 A.M. TO HEAR PUBLIC COMMENTS REGARDING THE ABANDONMENT OF DAVIS BRIDGE, COUNTY ROAD NUMBER 5341 LOCATED IN THE GARDEN MAGISTERIAL DISTRICT Marcus Stiltner, Coal Haul Road Engineer stated Davis Bridge, county road number 5341 goes to one (1) home and was taken into the county road system several years ago. The property owners want the bridge taken out of the county road system and maintain the bridge themselves. After a general discussion by the board upon motion of Harold H. Fuller seconded by Craig Stiltner with a roll call vote of seven (7) yeas, Harold H. Fuller, G. Roger Rife, William P. Harris, Earl Scott, J. Carroll Branham, Craig Stiltner, Trey Adkins and zero (0) nay, this board did hereby approve to schedule a public hearing for Monday, September 14 th at 10:05 a.m. to hear public comments regarding the abandonment of Davis Bridge, county road number 5341 located in the Garden Magisterial District. CONSIDER APPROVING TO SCHEDULE A PUBLIC HEARING FOR MONDAY, SEPTEMBER 14 TH AT 10:10 A. M. TO HEAR PUBLIC COMMENTS REGARDING THE ABANDONMENT OF COAL SHOVEL ROAD, COUNTY ROAD NUMBER 2322 LOCATED IN THE ROCKLICK MAGISTERIAL DISTRICT After a general discussion by the board upon motion of Craig Stiltner seconded by Harold H. Fuller with a roll call vote of seven (7) yeas, Harold H. Fuller, G. Roger Rife, William P. Harris, Earl Scott, J. Carroll Branham, Craig Stiltner, Trey Adkins and zero (0) nay, this board did hereby approve to schedule a public hearing for Monday, September 14 th at 10:10 a. m. to hear public comments regarding the abandonment of Coal Shovel Road, county road number 2322 located in the Rocklick Magisterial District. CONSIDER APPROVING THE LAND USE PERMIT FOR BALL BRANCH, COUNTY ROAD NUMBER 4265 LOCATED IN THE HURRICANE MAGISTERIAL DISTRICT After a general discussion by the board upon motion by William P. Harris seconded by Harold H. Fuller with a roll call vote of seven (7) yeas, Harold H. Fuller, G. Roger Rife, William P. Harris, Earl Scott, J. Carroll Branham, Craig Stiltner, Trey Adkins and zero (0) nay, this board did hereby approve the Land Use Permit from CNX Gas Company, LLC to construct a pipeline crossing off of Ball Branch Road, county road number 4265 located in the Hurricane Magisterial District

6 CONSIDER LIFTING THE MORATORIUM ON BRINGING IN NEW ROADS INTO THE COUNTY ROAD & BRIDGE SYSTEM After a general discussion by the board upon motion by William P. Harris seconded by Earl Scott with a roll call vote of six (6) yeas, Harold H. Fuller, G. Roger Rife, William P. Harris, Earl Scott, J. Carroll Branham, Trey Adkins and one (1) nay, Craig Stiltner, this board did hereby approve to lift the moratorium on bringing in new roads into the Buchanan County Road & Bridge System. CONSIDER RATIFYING THE CONTRACT BETWEEN BUCHANAN COUNTY AND POUNDING MILL QUARRY CORPORATION FOR 500 TONS OF VDOT #1 AND AUTHORIZE TREY ADKINS, CHAIRMAN OF THE BUCHANAN COUNTY BOARD OF SUPERVISORS AND ROBERT CRAIG HORN, COUNTY ADMINISTRATOR FOR BUCHANAN COUNTY, VIRGINIA TO EXECUTE SUCH CONTRACT ON BEHALF OF BUCHANAN COUNTY WITH THE APPROVAL AS TO FORM BY THE COUNTY ATTORNEY Marcus Stiltner, Coal Haul Road Engineer stated three (3) bids were received on the 500 ton of VDOT # 1; 3,000 ton of #26 gravel; 2,500 tons of gabion stone and 2,500 tons of class 1 rip rap. The bids were from E. Dillon & Company, Pounding Mill Quarry Corp. and Rogers Group. Pounding Mill Quarry Corp. was the low bid on all the Invitations for Bids. After a general discussion by the board upon motion of Harold H. Fuller seconded by Craig Stiltner and with a roll call vote of seven (7) yeas, Craig Stiltner, Harold H. Fuller, G. Roger Rife, William P. Harris, Earl Scott, J. Carroll Branham, Trey Adkins and zero (0) nays, this board did hereby ratify the following Contract between Buchanan County and Pounding Mill Quarry Corporation for 500 tons of VDOT #1 and authorized Trey Adkins, Chairman of the Buchanan County Board of Supervisors and Robert Craig Horn, County Administrator for Buchanan County, Virginia to execute such Contract on behalf of Buchanan County with the approval as to form by the County Attorney: CONTRACT THIS AGREEMENT, made and entered into this the 1st day of July, 2015, by and between Buchanan County, a Political Subdivision of the Commonwealth of Virginia, party of the first part; hereinafter sometimes referred to as County, and Pounding Mill Quarry Corporation, party of the second part, hereinafter referred to as Vendor. WITNESSETH: THAT for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do hereby agree as follows: I. The Vendor agrees to sell and the County agrees to purchase and for delivery of material for use during the upcoming Coal Road Plan as described in the Invitation to Bid 11347

7 made a part of this contract by incorporation by reference as Exhibit A to the Coal Road Stockpile located at, Poplar Gap Park, 1394 Park Road, Grundy, VA II. The Vendor warrants to County and to the County s successors, assigns that: 500 ton VDOT #1 Stone III. County shall pay the Vendor for providing the same or comparable to the Scope of Services as described in Exhibit A at the purchase price of: Purchase bid price is $12.25 per ton, 500 ton VDOT #1 Stone. Payment of the purchase price shall be made within thirty (30) days of delivery of the above. IV. Vendor warrants and guarantees County no later than the time of payment free and clear of all liens. V. In the event that the Vendor fails to complete the performance required of it under this Agreement or in other way is in default of performance hereunder, County shall have the right to the remedies set forth at Virginia Code section , , , , , and , along with any other remedies provided by either statutory or common law that may be applicable. VI. During the performance of this Agreement, the Vendor agrees as follows: A. i. The Vendor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the vendor. The Vendor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. ii. The vendor, in all solicitations or advertisements for employees placed by or on behalf of the vendor, will state that such vendor is an equal opportunity employer. iii. Notices, advertisements and solicitations placed in accordance with federal law, rules or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. B. The vendor will include the provisions of the foregoing paragraphs A(i), A(ii), and A(iii) in every subcontract or purchase order of over $10,000.00, so that the provisions will be binding upon each subcontractor or vendor. C. During the performance of this contract, the vendor will: 11348

8 i. Provide a drug-free workplace for the vendor s employees; ii. Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensations, possession, or use of a controlled substance or marijuana is prohibited in the Vendor s workplace and specifying the actions that will be taken against employees for violations of such prohibition; iii. State in all solicitations or advertisements for employees placed by or on behalf of the Vendor that the vendor maintains a drug-free workplace; and iv. Include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, drug-free workplace means a site for the performance of work done in connection with a specific contract awarded to a vendor in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. D. The Contractor does not and shall not during the performance of this contract knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of E. In the event of the Vendor s noncompliance with this section of this Contract, (Section XII), this Agreement may be canceled, terminated, or suspended, in whole or in part, and the Vendor may be declared ineligible for further Agreements and such other sanctions may be imposed and remedies invoked as otherwise provided by law. VII. Time is of the essence in the completion of this contract. The Vendor shall delivery the materials provided within the Scope of Services as described in Exhibit A thereto pursuant to this agreement within thirty (30) days of execution of this agreement. However, the County may extend this deadline upon a good cause showing of the Vendor. VIII. Not modification of any of the terms of this Agreement, nor any extension of the length of time allowed for the completion of performance governed by this Agreement, shall be valid without the advance written approval of the Buchanan County. IX. The Vendor shall not assign his rights or obligations under this Agreement. The Vendor represents that he does not intend to use any subcontractors to complete performance of this contract. XI. County may cancel this Agreement at any time prior to complete performance by the Vendor based upon a decision by County that such cancellation is in the best interest of County. Any such decision shall be a discretionary decision of County. XII. This Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia. The parties agree that the Circuit Court for Buchanan County shall be the proper venue for litigation hereunder whether or not such alleged 11349

9 breach involves Federal law or jurisdiction and that disputes between the parties which are not settled by the parties shall be settled by the Circuit Court of Buchanan County. XIII. If any provisions of this Agreement shall be deemed by a court of competent jurisdiction to be invalid, the remainder of this Agreement shall nevertheless remain in full force and effect. This Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia. EXECUTED IN DUPLICATE ORIGINALS. WITNESS the following signatures and seals: BUCHANAN COUNTY ATTEST: By: Trey Adkins, Chairman of the Buchanan County Board of Supervisors Robert Craig Horn, County Administrator for Buchanan County, Virginia APPROVED AS TO FORM: Lawrence L. Moise III, County Attorney For Buchanan County, Virginia CONSIDER RATIFYING THE CONTRACT BETWEEN BUCHANAN COUNTY AND POUNDING MILL QUARRY CORPORATION FOR 3000 TONS OF #26 GRAVEL AND AUTHORIZE TREY ADKINS, CHAIRMAN OF THE BUCHANAN COUNTY BOARD OF SUPERVISORS AND ROBERT CRAIG HORN, COUNTY ADMINISTRATOR FOR BUCHANAN COUNTY, VIRGINIA TO EXECUTE SUCH CONTRACT ON BEHALF OF BUCHANAN COUNTY WITH THE APPROVAL AS TO FORM BY THE COUNTY ATTORNEY After a general discussion by the board upon motion of Harold H. Fuller seconded by Craig Stiltner and with a roll call vote of seven (7) yeas, Harold H. Fuller, Craig Stiltner, J. Carroll Branham, William P. Harris, Trey Adkins, G. Roger Rife, Earl Scott and zero (0) nays, this board did hereby ratify the following Contract between Buchanan County and Pounding Mill Quarry Corporation for 3000 tons of #26 gravel and authorized Trey Adkins, Chairman of the Buchanan County Board of Supervisors and Robert Craig Horn, County Administrator for Buchanan County, Virginia to execute such Contract on behalf of Buchanan County with the approval as to form by the County Attorney: 11350

10 CONTRACT THIS AGREEMENT, made and entered into this the 1 st day of July, 2015, by and between Buchanan County, a Political Subdivision of the Commonwealth of Virginia, party of the first part; hereinafter sometimes referred to as County, and Pounding Mill Quarry Corporation, party of the second part, hereinafter referred to as Vendor. WITNESSETH: THAT for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do hereby agree as follows: I. The Vendor agrees to sell and the County agrees to purchase and for delivery of material for use during the upcoming Coal Road Plan as described in the Invitation to Bid made a part of this contract by incorporation by reference as Exhibit A to the Coal Road Stockpile located at, Poplar Gap Park, 1394 Park Road, Grundy, VA II. The Vendor warrants to County and to the County s successors, assigns that: 3000 Tons # 26 Gravel III. County shall pay the Vendor for providing the same or comparable to the Scope of Services as described in Exhibit A at the purchase price of: Purchase bid price is $10.30 per ton, 3000 Tons # 26 Gravel. Payment of the purchase price shall be made within thirty (30) days of delivery of the above. IV. Vendor warrants and guarantees County no later than the time of payment free and clear of all liens. V. In the event that the Vendor fails to complete the performance required of it under this Agreement or in other way is in default of performance hereunder, County shall have the right to the remedies set forth at Virginia Code section , , , , , and , along with any other remedies provided by either statutory or common law that may be applicable. VI. During the performance of this Agreement, the Vendor agrees as follows: A. i. The Vendor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the 11351

11 normal operation of the vendor. The Vendor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. ii. The vendor, in all solicitations or advertisements for employees placed by or on behalf of the vendor, will state that such vendor is an equal opportunity employer. iii. Notices, advertisements and solicitations placed in accordance with federal law, rules or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. B. The vendor will include the provisions of the foregoing paragraphs A(i), A(ii), and A(iii) in every subcontract or purchase order of over $10,000.00, so that the provisions will be binding upon each subcontractor or vendor. C. During the performance of this contract, the vendor will: i. Provide a drug-free workplace for the vendor s employees; ii. Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensations, possession, or use of a controlled substance or marijuana is prohibited in the Vendor s workplace and specifying the actions that will be taken against employees for violations of such prohibition; iii. State in all solicitations or advertisements for employees placed by or on behalf of the Vendor that the vendor maintains a drug-free workplace; and iv. Include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, drug-free workplace means a site for the performance of work done in connection with a specific contract awarded to a vendor in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. D. The Contractor does not and shall not during the performance of this contract knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of E. In the event of the Vendor s noncompliance with this section of this Contract, (Section XII), this Agreement may be canceled, terminated, or suspended, in whole or in part, and the Vendor may be declared ineligible for further Agreements and such other sanctions may be imposed and remedies invoked as otherwise provided by law. VII. Time is of the essence in the completion of this contract. The Vendor shall delivery the materials provided within the Scope of Services as described in Exhibit A thereto pursuant to this agreement within thirty (30) days of execution of this agreement. However, the County may extend this deadline upon a good cause showing of the Vendor

12 VIII. Not modification of any of the terms of this Agreement, nor any extension of the length of time allowed for the completion of performance governed by this Agreement, shall be valid without the advance written approval of the Buchanan County. IX. The Vendor shall not assign his rights or obligations under this Agreement. The Vendor represents that he does not intend to use any subcontractors to complete performance of this contract. XI. County may cancel this Agreement at any time prior to complete performance by the Vendor based upon a decision by County that such cancellation is in the best interest of County. Any such decision shall be a discretionary decision of County. XII. This Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia. The parties agree that the Circuit Court for Buchanan County shall be the proper venue for litigation hereunder whether or not such alleged breach involves Federal law or jurisdiction and that disputes between the parties which are not settled by the parties shall be settled by the Circuit Court of Buchanan County. XIII. If any provisions of this Agreement shall be deemed by a court of competent jurisdiction to be invalid, the remainder of this Agreement shall nevertheless remain in full force and effect. This Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia. EXECUTED IN DUPLICATE ORIGINALS. WITNESS the following signatures and seals: BUCHANAN COUNTY ATTEST: By: Trey Adkins, Chairman of the Buchanan County Board of Supervisors Robert Craig Horn, County Administrator for Buchanan County, Virginia APPROVED AS TO FORM: Lawrence L. Moise III, County Attorney For Buchanan County, Virginia 11353

13 CONSIDER RATIFYING THE CONTRACT BETWEEN BUCHANAN COUNTY AND POUNDING MILL QUARRY CORPORATION FOR 2500 TONS OF GABION STONE AND AUTHORIZE TREY ADKINS, CHAIRMAN OF THE BUCHANAN COUNTY BOARD OF SUPERVISORS AND ROBERT CRAIG HORN, COUNTY ADMINISTRATOR FOR BUCHANAN COUNTY, VIRGINIA TO EXECUTE SUCH CONTRACT ON BEHALF OF BUCHANAN COUNTY WITH THE APPROVAL AS TO FORM BY THE COUNTY ATTORNEY After a general discussion by the board upon motion of Earl Scott seconded by Harold H. Fuller and with a roll call vote of seven (7) yeas, Earl Scott, G. Roger Rife, William P. Harris, J. Carroll Branham, Harold H. Fuller, Craig Stiltner, Trey Adkins and zero (0) nays, this board did hereby ratify the following Contract between Buchanan County and Pounding Mill Quarry Corporation for 2500 tons of gabion stone and authorized Trey Adkins, Chairman of the Buchanan County Board of Supervisors and Robert Craig Horn, County Administrator for Buchanan County, Virginia to execute such Contract on behalf of Buchanan County with the approval as to form by the County Attorney: CONTRACT THIS AGREEMENT, made and entered into this the 1 st day of July, 2015, by and between Buchanan County, a Political Subdivision of the Commonwealth of Virginia, party of the first part; hereinafter sometimes referred to as County, and Pounding Mill Quarry Corporation, party of the second part, hereinafter referred to as Vendor. WITNESSETH: THAT for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do hereby agree as follows: I. The Vendor agrees to sell and the County agrees to purchase and for delivery of material for use during the upcoming Coal Road Plan as described in the Invitation to Bid made a part of this contract by incorporation by reference as Exhibit A to the Coal Road Stockpile located at, Poplar Gap Park, 1394 Park Road, Grundy, VA II. The Vendor warrants to County and to the County s successors, assigns that: 2500 ton Gabion Stone. III. County shall pay the Vendor for providing the same or comparable to the Scope of Services as described in Exhibit A at the purchase price of: Purchase bid price is $12.25 per ton, 2500 ton Gabion Stone

14 Payment of the purchase price shall be made within thirty (30) days of delivery of the above. IV. Vendor warrants and guarantees County no later than the time of payment free and clear of all liens. V. In the event that the Vendor fails to complete the performance required of it under this Agreement or in other way is in default of performance hereunder, County shall have the right to the remedies set forth at Virginia Code section , , , , , and , along with any other remedies provided by either statutory or common law that may be applicable. VI. During the performance of this Agreement, the Vendor agrees as follows: A. i. The Vendor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the vendor. The Vendor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. ii. The vendor, in all solicitations or advertisements for employees placed by or on behalf of the vendor, will state that such vendor is an equal opportunity employer. iii. Notices, advertisements and solicitations placed in accordance with federal law, rules or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. B. The vendor will include the provisions of the foregoing paragraphs A(i), A(ii), and A(iii) in every subcontract or purchase order of over $10,000.00, so that the provisions will be binding upon each subcontractor or vendor. C. During the performance of this contract, the vendor will: i. Provide a drug-free workplace for the vendor s employees; ii. Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensations, possession, or use of a controlled substance or marijuana is prohibited in the Vendor s workplace and specifying the actions that will be taken against employees for violations of such prohibition; iii. State in all solicitations or advertisements for employees placed by or on behalf of the Vendor that the vendor maintains a drug-free workplace; and iv. Include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, drug-free workplace means a site for the performance of work done in connection with a specific contract awarded to a vendor in accordance with this chapter, the employees of whom are prohibited from engaging in the 11355

15 unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. D. The Contractor does not and shall not during the performance of this contract knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of E. In the event of the Vendor s noncompliance with this section of this Contract, (Section XII), this Agreement may be canceled, terminated, or suspended, in whole or in part, and the Vendor may be declared ineligible for further Agreements and such other sanctions may be imposed and remedies invoked as otherwise provided by law. VII. Time is of the essence in the completion of this contract. The Vendor shall delivery the materials provided within the Scope of Services as described in Exhibit A thereto pursuant to this agreement within thirty (30) days of execution of this agreement. However, the County may extend this deadline upon a good cause showing of the Vendor. VIII. Not modification of any of the terms of this Agreement, nor any extension of the length of time allowed for the completion of performance governed by this Agreement, shall be valid without the advance written approval of the Buchanan County. IX. The Vendor shall not assign his rights or obligations under this Agreement. The Vendor represents that he does not intend to use any subcontractors to complete performance of this contract. XI. County may cancel this Agreement at any time prior to complete performance by the Vendor based upon a decision by County that such cancellation is in the best interest of County. Any such decision shall be a discretionary decision of County. XII. This Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia. The parties agree that the Circuit Court for Buchanan County shall be the proper venue for litigation hereunder whether or not such alleged breach involves Federal law or jurisdiction and that disputes between the parties which are not settled by the parties shall be settled by the Circuit Court of Buchanan County. XIII. If any provisions of this Agreement shall be deemed by a court of competent jurisdiction to be invalid, the remainder of this Agreement shall nevertheless remain in full force and effect. This Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia. EXECUTED IN DUPLICATE ORIGINALS. WITNESS the following signatures and seals: 11356

16 BUCHANAN COUNTY ATTEST: By: Trey Adkins, Chairman of the Buchanan County Board of Supervisors Robert Craig Horn, County Administrator for Buchanan County, Virginia APPROVED AS TO FORM: Lawrence L. Moise III, County Attorney For Buchanan County, Virginia CONSIDER RATIFYING THE CONTRACT BETWEEN BUCHANAN COUNTY AND POUNDING MILL QUARRY CORPORATION FOR 2500 TONS OF CLASS 1, RIP RAP AND AUTHORIZE TREY ADKINS, CHAIRMAN OF THE BUCHANAN COUNTY BOARD OF SUPERVISORS AND ROBERT CRAIG HORN, COUNTY ADMINISTRATOR FOR BUCHANAN COUNTY, VIRGINIA TO EXECUTE SUCH CONTRACT ON BEHALF OF BUCHANAN COUNTY WITH THE APPROVAL AS TO FORM BY THE COUNTY ATTORNEY After a general discussion by the board upon motion of Harold H. Fuller seconded by Craig Stiltner and with a roll call vote of seven (7) yeas, Harold H. Fuller, Craig Stiltner, William P. Harris, G. Roger Rife, Earl Scott, J. Carroll Branham, Trey Adkins and zero (0) nays, this board did hereby ratify the following Contract between Buchanan County and Pounding Mill Quarry Corporation for 2500 tons of class 1, rip rap and authorized Trey Adkins, Chairman of the Buchanan County Board of Supervisors and Robert Craig Horn, County Administrator for Buchanan County, Virginia to execute such Contract on behalf of Buchanan County with the approval as to form by the County Attorney: CONTRACT THIS AGREEMENT, made and entered into this the 1 st day of July, 2015, by and between Buchanan County, a Political Subdivision of the Commonwealth of Virginia, party of the first part; hereinafter sometimes referred to as County, and Pounding Mill Quarry Corporation, party of the second part, hereinafter referred to as Vendor. WITNESSETH: THAT for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do hereby agree as follows: I. The Vendor agrees to sell and the County agrees to purchase and for delivery of material for use during the upcoming Coal Road Plan as described in the Invitation to Bid 11357

17 made a part of this contract by incorporation by reference as Exhibit A to the Coal Road Stockpile located at, Poplar Gap Park, 1394 Park Road, Grundy, VA II. The Vendor warrants to County and to the County s successors, assigns that: 2500 ton class 1 Rip Rap III. County shall pay the Vendor for providing the same or comparable to the Scope of Services as described in Exhibit A at the purchase price of: Purchase bid price is $13.85 per ton, 2500 ton class 1 Rip Rap. Payment of the purchase price shall be made within thirty (30) days of delivery of the above. IV. Vendor warrants and guarantees County no later than the time of payment free and clear of all liens. V. In the event that the Vendor fails to complete the performance required of it under this Agreement or in other way is in default of performance hereunder, County shall have the right to the remedies set forth at Virginia Code section , , , , , and , along with any other remedies provided by either statutory or common law that may be applicable. VI. During the performance of this Agreement, the Vendor agrees as follows: A. i. The Vendor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the vendor. The Vendor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. ii. The vendor, in all solicitations or advertisements for employees placed by or on behalf of the vendor, will state that such vendor is an equal opportunity employer. iii. Notices, advertisements and solicitations placed in accordance with federal law, rules or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. B. The vendor will include the provisions of the foregoing paragraphs A(i), A(ii), and A(iii) in every subcontract or purchase order of over $10,000.00, so that the provisions will be binding upon each subcontractor or vendor. C. During the performance of this contract, the vendor will: i. Provide a drug-free workplace for the vendor s employees; 11358

18 ii. Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensations, possession, or use of a controlled substance or marijuana is prohibited in the Vendor s workplace and specifying the actions that will be taken against employees for violations of such prohibition; iii. State in all solicitations or advertisements for employees placed by or on behalf of the Vendor that the vendor maintains a drug-free workplace; and iv. Include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, drug-free workplace means a site for the performance of work done in connection with a specific contract awarded to a vendor in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. D. The Contractor does not and shall not during the performance of this contract knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of E. In the event of the Vendor s noncompliance with this section of this Contract, (Section XII), this Agreement may be canceled, terminated, or suspended, in whole or in part, and the Vendor may be declared ineligible for further Agreements and such other sanctions may be imposed and remedies invoked as other wise provided by law. VII. Time is of the essence in the completion of this contract. The Vendor shall delivery the materials provided within the Scope of Services as described in Exhibit A thereto pursuant to this agreement within thirty (30) days of execution of this agreement. However, the County may extend this deadline upon a good cause showing of the Vendor. VIII. Not modification of any of the terms of this Agreement, nor any extension of the length of time allowed for the completion of performance governed by this Agreement, shall be valid without the advance written approval of the Buchanan County. IX. The Vendor shall not assign his rights or obligations under this Agreement. The Vendor represents that he does not intend to use any subcontractors to complete performance of this contract. XI. County may cancel this Agreement at any time prior to complete performance by the Vendor based upon a decision by County that such cancellation is in the best interest of County. Any such decision shall be a discretionary decision of County. XII. This Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia. The parties agree that the Circuit Court for Buchanan County shall be the proper venue for litigation hereunder whether or not such alleged 11359

19 breach involves Federal law or jurisdiction and that disputes between the parties which are not settled by the parties shall be settled by the Circuit Court of Buchanan County. XIII. If any provisions of this Agreement shall be deemed by a court of competent jurisdiction to be invalid, the remainder of this Agreement shall nevertheless remain in full force and effect. This Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia. EXECUTED IN DUPLICATE ORIGINALS. WITNESS the following signatures and seals: BUCHANAN COUNTY ATTEST: By: Trey Adkins, Chairman of the Buchanan County Board of Supervisors Robert Craig Horn, County Administrator for Buchanan County, Virginia APPROVED AS TO FORM: Lawrence L. Moise III, County Attorney For Buchanan County, Virginia PUBLIC HEARING 10:315 A.M. TO HEAR PUBLIC COMMENTS REGARDING THE ABANDONMENT OF HALFWAY HOLLOW ROAD, COUNTY ROAD NUMBER 3065 LOCATED IN THE NORTH GRUNDY MAGISTERIAL DISTRICT Trey Adkins, Chairman opened the public hearing for comments. With no comments from the public, upon motion by J. Carroll Branham seconded by Harold H. Fuller and with a unanimous voice vote by the board, this board did hereby approve to close the public hearing. CONSIDER ADOPTING THE ORDER APPROVING THE ABANDONMENT OF HALFWAY HOLLOW ROAD, COUNTY ROAD NUMBER 3065 LOCATED IN THE NORTH GRUNDY MAGISTERIAL DISTRICT After a general discussion by the board upon motion by J. Carroll Branham seconded by Harold H. Fuller and with a roll call vote of seven (7) yeas and zero (0) nays, this board did hereby adopt the following Order approving the abandonment of Halfway Hollow Road, county road number 3065 located in the North Grundy Magisterial District: 11360

20 BUCHANAN COUNTY, VIRGINIA BOARD OF SUPERVISORS ORDER Whereas, July 13 th, 2015 the Buchanan County, Virginia Board of Supervisors conducted a public hearing to consider the abandonment of Halfway Hollow Road, County Road # 3065, located in the North Grundy 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 Halfway Hollow Road, County Road # 3065 and Whereas, the Buchanan County, Va. Board of Supervisors having found that no public necessity exists for the continuance of Halfway Hollow Road and that the public would be served by abandoning Halfway Hollow Road it is now ordered by the Board of Supervisors: That the Halfway Hollow Road, County Road # 3065 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 July 13 th, Date Trey Adkins, Chairman Buchanan County, Va. Board of Supervisors ATTEST: Robert Craig Horn County Administrator RAY STEIN TO DISCUSS WOOSLEY BRANCH Ray Stein wasn t present for the meeting. No action taken. PUBLIC HEARING 10:05 A.M. TO HEAR PUBLIC COMMENTS CONCERNING AMENDING THE BUDGET TO PROVIDE AN ADDITIONAL APPROPRIATION TO THE BUCHANAN COUNTY S BUDGET FOR THE FISCAL YEAR 2015/2016 IN THE TOTAL AMOUNT OF SEVEN HUNDRED NINETY THOUSAND FOUR HUNDRED EIGHTY-FOUR DOLLARS ($790,484.00) FOR THE BUCHANAN COUNTY PUBLIC SERVICE AUTHORITY Trey Adkins, Chairman opened the public hearing for comments

21 With no comments from the public, upon motion by J. Carroll Branham seconded by Harold H. Fuller and with a unanimous voice vote by the board, this board did hereby approve to close the public hearing. CONSIDER ADOPTING A RESOLUTION REGARDING THE ADDITIONAL APPROPRIATION TO THE BUCHANAN COUNTY PUBLIC SERVICE AUTHORITY AND THEIR BUDGETED FUNDING FOR FY 2015/2016 After a general discussion by the board upon motion by William P. Harris seconded by Craig Stiltner and with a roll call vote of seven (7) yeas, William P. Harris, J. Carroll Branham, Earl Scott, and zero (0) nays, with G. Roger Rife, Trey Adkins and William P. Harris stating they were members of the Buchanan County Public Service Authority Board of Directors, this board did hereby adopt the following Resolution regarding the additional appropriation to the Buchanan County Public Service Authority and their budgeted funding for FY 2015/2016: RESOLUTION ADDITIONAL APPROPRIATION DURING THE FISCAL YEAR 2015/2016 WHEREAS, the Buchanan County Board of Supervisors held a public hearing in regard to an additional appropriation to the PSA, on Monday, the 13 th day of July, 2015 at 10:05 o clock a.m., in the Board of Supervisors Meeting Room in the basement of the Courthouse, in Grundy, Virginia, after having given notice of such Public Hearing in the Virginia Mountaineer as required by law; and WHEREAS, the Buchanan County Public Service Authority requested an additional appropriation in the amount of Seven Hundred Ninety Thousand Four Hundred Eighty-Four Dollars ($790,484.00), which such additional appropriation was made and approved after the aforesaid Public Hearing ; and WHEREAS, Buchanan County's original approved budget for the fiscal year provided funding for the Buchanan County Public Service Authority in the amount of $1,250,000.00; and WHEREAS, with the additional appropriation of $790, to the PSA, the total appropriation to the PSA for fiscal year is in the amount of $2,040,484.00; and WHEREAS, Buchanan County Public Service Authority needs these funds paid in accordance with a fixed schedule; and THEREFORE BE IT RESOLVED, the Buchanan County Board of Supervisors approves a total appropriation to the PSA for fiscal year in the amount of $2,040, to the Buchanan County Public Service Authority, which is to be appropriated and shall be paid in six (6) monthly installments in the amount of $340, each month, with the first of such payments to be made on or before the 15 th 11362

22 day of July, 2015, and with a like payment to be made on or before the 15 th day of each month thereafter through the 15 th day of December 2015, at which time such funds shall be paid in full. NOW THEREFORE, BE IT RESOLVED, that Buchanan County approves the foregoing additional appropriation and the amendment of its budget for the fiscal year to reflect such additional appropriation. This Resolution was adopted by the Buchanan County Board of Supervisors on this the 13 th day of July, Recorded Vote: Moved by: William P. Harris Seconded by: Craig Stiltner Yeas: Seven Nays: Zero Trey Adkins, Chairman of the Buchanan County Board of Supervisors ATTEST: Robert Craig Horn, County Administrator PUBLIC HEARING 10:30 A.M. TO HEAR PUBLIC COMMENTS REGARDING THE PROPOSED ADOPTION OF AN AMENDED ORDINANCE ENTITLED: AN ORDINANCE PROVIDING FOR SMALL PURCHASE PROCEDURES. AMENDMENTS TO ARTICLE V OF CHAPTER 16 OF THE BUCHANAN COUNTY CODE Trey Adkins, Chairman opened the public hearing for comments. L. Lee Moise, County Attorney stated the Virginia General Assembly passed a bill allowing small purchase procedure for non-transportation construction up to $100,000 The proposed ordinance is an amendment to Article V of Chapter 16 of the Buchanan County Code, specifically to section 16-43, permitting small purchase procedure to be used for non-transportation construction conditioned upon full compliance with the Uniform State Building Code. Deletion of sub-section A (building contracts) of section (exceptions to small purchase procedure) and the addition of a subsection F (non-transportation related construction, including all road and bridge work) to section He stated any contract not exceeding $50,000 may be made in accordance with small purchase procedures. Purchases less than $2,500 is from vendors of choice; purchases between $2,500 and $10,000, at least three (3) telephone quotations shall be obtained; purchases between $10,000 and $25,000, at least three (3) letter quotations and purchases and purchases between $25,000 and $50,000, at least five (5) letter quotations