MINUTES. L. Lee Moise, County Attorney Robert Craig Horn County Administrator. The meeting was called to order with Prayer and Pledge of Allegiance.

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1 MINUTES A regular meeting of the Buchanan County Board of Supervisors was held on Monday the 4 th day of April 2016 starting at 10:00 o clock a.m. in the boardroom of the Buchanan County Courthouse located in Grundy, Virginia. PRESENT: J. Carroll Branham, Chairman Trey Adkins William P. Harris Harold H. Fuller Craig Stiltner G. Roger Rife Earl Scott L. Lee Moise, County Attorney Robert Craig Horn County Administrator The meeting was called to order with Prayer and Pledge of Allegiance. DR. MARK ESTEPP, PRESIDENT OF SOUTHWEST VIRGINIA COMMUNITY COLLEGE Dr. Mark Estepp, President of Southwest Virginia Community College (SWCC) stated SWCC served 775 Buchanan County residents in 2015/2016, a slight increase from the 772 served in 2014/2015. The total enrollment as of March 21 st was 3,535 with 22% from Buchanan County. In the fall term of 2015, SWCC enrollment increased from 2,546 to 2,563. Buchanan County s reenrollment increased from 564 to 572. Approximately, $7.423 million was awarded in scholarships and financial aid and $1.825 to Buchanan County students, stated Dr. Estepp. SWCC was one (1) of the community colleges in the state to show an increase for scholarships. The $80,000 the county provides to SWCC helps with scholarships, stated Dr. Estepp. There are 129 Buchanan County High School students that took at least one dualenrollment class in 2015/2016, stated Dr. Estepp. These students received both high school and college credits for the same class. At SWCC, 81% of students from Buchanan County enrolled in a program received some sort of financial aid to attend the college, stated Dr. Estepp. Around 75% of Buchanan County residents enrolled in Virginia s public and private colleges and universities after attending SWCC. There was $80,631 spent of local funds for dual enrollment for Buchanan County High School students for spring 2016, stated Dr. Estepp. This number represents 90% of tuition that is paid by SWCC with the student paying 10% of tuition costs. The dual enrollment stipend paid by SWCC to Buchanan County Public Schools to assist with expense of book costs is $2,

2 Other events funded by SVCC at no cost to the county or the students are Virginia placement testing for fall 2015 and spring 2016, commented Dr. Estepp. Also, annual business education contests for high school students. There s also a STEM Quest Camp for area teachers, funded by SVCC, stated Dr. Estepp. Dr. Estepp thanked the board for their support and hoped they would continue to support SVCC. RYAN ELSWICK AND TIM LONG WITH SUNSET DIGITAL COMMUNICATIONS, INC. - UPDATE ON THE PROGRESS OF THE ACQUISITION OF BVU OPTI-NET AND CONSIDER APPROVING A LETTER OF SUPPORT FOR SUNSET DIGITAL COMMUNICATIONS, INC. Ryan Elswick, Chief Operating Officer with Sunset Digital Communications, Inc. stated this is our second time being here before the board. Sunset Digital is a family owned business with the main headquarters located in Duffield. Sunset Digital is a tier II carrier and is the first fiber project funded by the Virginia Tobacco Commission, he stated. Sunset Digital has over 90,000 customers (direct and indirect) with many well known businesses, local government agencies and higher education institutions, stated Mr. Elswick. We are connecting approximately 60 houses a month with over 100 people signing up per month. J. Carroll Branham, Chairman asked if Sunset Digital had been approved to purchase the optinet from BVU? Tim Long, Economic Development & Government Affairs Liaison for Sunset Digital Communications, stated we ve received approval from the City of Bristol and now we re trying to get the consent from Cumberland Plateau Company (CPC). Paul Elswick, Chief Executive Officer with Sunset Digital Communications, Inc. stated we need a contract with CPC for the consent of operation of network. CPC hold a right of first refusal in the regarding the purchase of BVU. Once, we get their approval we ll need to get the approval from the four (4) counties. Mr. Branham asked if CPPD owns the lines? Paul Elswick stated they own 50% and we ve agreed to buy BUV s part. Cumberland Plateau Groups will receive 10% of adjusted customer receipts for economic development and the other 90% went to pay the BVU employees, stated Mr. Elswick. We will absorb nearly all optinet employees (nearly 75 personnel). Mr. Long stated Sunset Digital is paying $50 million for BVU OptiNet assets, so they can connect to more customers. We re ready to work with every county. Dennis Day, resident asked if they had met with Time Warner Cable about installing internet in the Home Creek area

3 Craig Stiltner, Rocklick District Supervisor stated we met with Time Warner employees about internet services in the Rocklick District. They ll have to do a feasibility study before they can let us know. Mr. Day asked if Sunset Digital would have to sign a Franchise Agreement with the county, similar to Time Warner Cable. L. Lee Moise, County Attorney stated yes, Time Warner s Franchise Agreement will expire in The county will have to start negotiating soon with them. Mr. Day stated I ve waited 15 years for internet cable services. I can t wait another five (5) years. Mr. Long stated I hope we ll be in all areas within five (5) years and all work completed. CHRIS STURGILL WITH SOUTHWEST REGIONAL RECREATION AUTHORITY (SRRA) UPDATE ON THE PROGRESS OF THE COAL CANYON ATV TRAIL Chris Sturgill with Southwest Regional Recreation Authority (SRRA) stated there has been an additional 17 miles added to the Coal Canyon ATV Trail System. There s 37 miles of trail now and an increase daily in riders. The trail is great for the young and old. The local businesses that sell the permits have to restock, he stated. We re still looking for vendors that would like to sell the permits. Currently, we re working with Terra Tech Engineering Services to begin the next phase of the trail, he stated. Bill Campbell with Terra Tech Engineering Services stated we have 30 to 35 miles mapped for an ATV trail around Wellmore Hollow, Lee Town, Tractor Supply the plaza and Hoot Owl. We want the ATV riders to be able to access restaurants, gas and vendors. Once we identify all the property owners, we ll begin securing easements, he stated. This trail is already there we just need to get the easements, stated Mr. Campbell. Harold H. Fuller, Garden District Supervisor asked if the $180,000 grant that was received from the Department of Conservation and Recreation (DCR) was for Tazewell County only. Mr. Sturgill stated no, the grant was for SRRA to purchase maintenance equipment for the ATV trails. We have equipment that we ve been renting. We re getting ready to start some maintenance on the Coal Canyon Trail, commented Mr. Sturgill. Mr. Campbell stated we have over 35 miles now on the Coal Canyon Trail and should have another 35 miles within the next month or so. There are some drainage issues and a few trees that may need removed. We need to get a Lease Agreement with the Buchanan County Industrial Development Authority (IDA) contingent upon receiving the Virginia Coalfield Economic Development Authority (VCEDA) funding to begin work on the camp ground, 11804

4 visitor center, camps etc., stated Mr. Campbell. Also, we are waiting for AEP to get power to the area. Rachelle Christian, resident stated ATV riders in Kentucky and West Virginia can wipe you out. Mr. Campbell stated the Coal Canyon Trail is policed. There will not be any trails unless there s a right-of-easement signed by the property owners. Mr. Sturgill stated we ve been writing citations on the ATV trail now. CONSIDER ADOPTING PROCLAMATION FOR NATIONAL CHILD ABUSE AND NEGLECT PREVENTION MONTH After a general discussion by the board upon motion by Trey Adkins seconded by William P. Harris and with a roll call vote of seven (7) yeas, Trey Adkins, Craig Stiltner, Harold H. Fuller, William P. Harris, J. Carroll Branham, G. Roger Rife, Earl Scott and zero (0) nays, this board did hereby adopt the following Proclamation proclaiming the month of April as National Child Abuse and Neglect Prevention Month: DECLARING APRIL CHILD ABUSE AND NEGLECT PREVENTION MONTH IN BUCHANAN COUNTY WHEREAS, during State Fiscal Year 2015, there were 49,868 children reported as possible victims of abuse or neglect in 33,020 completed reports which were accepted by Virginia s city and county departments of social services, according to the Virginia Department of Social Services. WHEREAS, preventing child abuse and neglect is a community problem that depends on involvement among people throughout the community; and WHEREAS, child maltreatment occurs when people find themselves in stressful situations, without community resources, and don t know how to cope; and WHEREAS, the majority of child abuse cases stem from situations and conditions that are preventable in an engaged and supportive community; and WHEREAS, all citizens should become involved in supporting families in raising their children in a safe, nurturing environment; and WHEREAS, effective child abuse prevention programs succeed because of partnerships created among families, social service agencies, schools, faith communities, civic organizations, law enforcement agencies, and the business community. WHEREAS, the GFWC Grundy Woman's Club, an affiliate of the General Federation of Women's Clubs and GFWC Virginia, supports the work of Prevent Child Abuse America and PCA Virginia, whose mission is to prevent the abuse and neglect of all children in the United States; 11805

5 THEREFORE, BE IT RESOLVED, that the Town of Grundy supports the GFWC Grundy Woman's Club collaborative efforts on behalf of the children of Buchanan County, and THEREFORE, I, J. Carroll Branham, Chairman of the Buchanan County Board of Supervisors, do hereby proclaim April 2016 as Child Abuse Prevention Month and call upon all citizens, community agencies, faith groups, medical facilities, and businesses to increase their participation in our efforts to support families, thereby preventing child abuse and neglect and strengthening the communities in which we live. ATTEST: J. Carroll Branham, Chairman of the Buchanan County Board of Supervisors CONSIDER ADOPTING PROCLAMATION PROCLAIMING APRIL 24 TH, 2016 AS THE GENERAL FEDERATION OF WOMEN S CLUBS DAY After a general discussion by the board upon motion by Trey Adkins seconded by Craig Stiltner and with a roll call vote of seven (7) yeas, Trey Adkins, Craig Stiltner, Harold H. Fuller, William P Harris, G. Roger Rife, Earl Scott, J. Carroll Branham and zero (0) nays, this board did hereby adopt the following Proclamation proclaiming April 24 th, 2016 as the General Federation of Women s Clubs Day and recognize the contributions to our city by the volunteer member of the GFWC Grundy Woman s Club: GENERAL FEDERATION OF WOMEN'S CLUBS DAY IN BUCHANAN COUNTY, VIRGINIA APRIL 24, 2016 WHEREAS, the GFWC Grundy Woman's Club is a member of the General Federation of Women's Clubs of Virginia and the General Federation of Women's Clubs, the world's largest organization of volunteer women; and WHEREAS, the GFWC Grundy Woman's Club is a volunteer service organization which has been actively serving the community for sixty-nine years; and WHEREAS, the GFWC Grundy Woman's Club is one of the many clubs is GFWC Virginia which promotes community service; and WHEREAS, the object of the GFWC Grundy Woman's Club is to train women to be leaders and to encourage a sense of service in women; and WHEREAS, the General Federation of Women's Clubs of Virginia has developed many leaders and volunteers in our communities throughout the Commonwealth of Virginia; and NOW, THEREFORE, the Buchanan County Board of Supervisors do hereby proclaim April 24, 2016, as the General Federation of Women's Clubs Day and recognize the contributions to our city by the volunteer members of the GFWC Grundy Woman's Club

6 DATED this 4 th day of April, Robert C. Horn, County Administrator J. Carroll Branham, Chairman CONSIDER ADOPTING PROCLAMATION PROCLAIMING THE MONTH OF APRIL AS AUSTISM AWARENESS MONTH IN BUCHANAN COUNTY After a general discussion by the board upon motion by Trey Adkins seconded by William P. Harris and with a roll call vote of seven (7) yeas, Trey Adkins, Craig Stiltner, Harold H. Fuller, William P Harris, G. Roger Rife, Earl Scott, J. Carroll Branham and zero (0) nays, this board did hereby adopt the following Proclamation proclaiming the month of April as Autism Awareness Month in Buchanan County: DESIGNATION OF APRIL AS AUTISM AWARENESS MONTH IN BUCHANAN COUNTY WHEREAS, Autism is a pervasive developmental disorder affecting the social, communication, and behavioral skills of those affected by it; and WHEREAS, More than 3.5 million Americans live with an autism spectrum disorder; and WHEREAS, More children are being diagnosed on the autism spectrum than ever before with diagnoses as high as 1 in 68 births nationally; and WHEREAS, Autism is the fastest-growing developmental disability, and in this country the prevalence of autism in children increased by percent from 2000 to 2010; and WHEREAS, Only 16.8 percent of the population with disabilities is employed; and WHEREAS, There is no cure for autism, but it is well-documented that if individuals with autism receive treatment early in their lives, it is often possible for those individuals to lead significantly improved lives; and WHEREAS, Individuals with autism often require a lifetime of specialized and community support services to ensure their health and safety, and to support families resilience as they manage the psychological and financial burdens autism presents. BE IT FURTHER RESOLVED, that the Buchanan County Board of Supervisors supports the GFWC Grundy Woman's Club's efforts by designating the month of April 2016 as Autism Awareness Month and encouraging residents to show support for autism awareness

7 DATED on this 4th day of April, ATTEST: Robert C. Horn, County Administrator J. Carroll Branham, Chairman CONSIDER RATIFYING THE PUBLIC HEARING FOR MAY 2 ND AT 10:15 A.M. REGARDING THE ABANDONMENT OF BANDIT ROAD, COUNTY ROAD NUMBER 2331, LOCATED IN THE ROCKLICK MAGISTERIAL DISTRICT After a general discussion by the board upon motion by Craig Stiltner seconded by Trey Adkins and with the following roll call vote of seven (7) yeas, Trey Adkins, Craig Stiltner, Harold H. Fuller, William P Harris, G. Roger Rife, Earl Scott, J. Carroll Branham and zero (0) nays, this board did hereby ratify the public hearing for May 2 nd at 10:15 a.m. regarding the abandonment of Bandit Road, county road number 2331, located in the Rocklick Magisterial District. CONSIDER APPROVING THE REVISED CONTRACT AND ADDENDUM REGARDING THE GENERAL DISTRICT HSB MAINTENANCE CONTRACTS Marcus Stiltner, Coal Haul Road Engineer stated the original contract requires $1 million in general liability insurance for Highways, Streets and Bridges Maintenance Contracts. This revised contract and addendum will reduce it a $300,000 requirement. After a general discussion by the board upon motion by Craig Stiltner seconded by Trey Adkins and with the following roll call vote of seven (7) yeas, Trey Adkins, Craig Stiltner, Harold H. Fuller, William P Harris, G. Roger Rife, Earl Scott, J. Carroll Branham and zero (0) nays, this board did hereby approve the revised Contract and Addendum regarding the General District Highways, Streets and Bridges Maintenance Contracts. CONSIDER APPROVING ADDENDUM #1 TO THE HIGHWAYS, STREETS AND BRIDGES CONTRACT BETWEEN BUCHANAN COUNTY, VIRGINIA AND BOBBY TAYLOR D/B/A BOB S BODY SHOP After a general discussion by the board upon motion by Craig Stiltner seconded by Trey Adkins and with the following roll call vote of seven (7) yeas, Trey Adkins, 11808

8 Craig Stiltner, Harold H. Fuller, William P Harris, G. Roger Rife, Earl Scott, J. Carroll Branham and zero (0) nays, this board did hereby approve Addendum #1 to the Highways, Streets and Bridges Contract between Buchanan County, Virginia and Bobby Taylor d/b/a Bob s Body Shop. CONSIDER APPROVING BID IN THE AMOUNT OF $30, FROM ESSIG MOTORS, INC. FOR THE PURCHASE OF A USED TRUCK TO BE USED BY THE BUCHANAN COUNTY BRIDGE CREW TO BE PAID FROM BRIDGE CREW ACCOUNT ( ) Marcus Stiltner, Coal Haul Road Engineer stated the lowest bid for a used truck for the bridge crew was in the amount of $30, from Essig Motors, Inc. It s a 2011 Chevrolet Silverado and doesn t have a warranty. J. Carroll Branham, Chairman asked why would they want to pay $30,829 for a used 2011 truck when they could purchase a new 2015 for $36,578. Mr. Stiltner stated the new vehicle doesn t have the work bed, which would cost an additional $10,000. Also, the bid from Ramey Chevrolet doesn t meet specs. Upon motion by William P. Harris seconded by Trey Adkins to approve the bid in the amount of $30, from Essig Motors, Inc. for the purchase of a 2011 Chevrolet Silverado 2500H to be used by the Buchanan County Bridge Crew. G. Roger Rife, South Grundy District Supervisor asked if it was legal to purchase a truck from the coal haul road funds. You can make an argument either way, stated L. Lee Moise, County Attorney. The coal haul road funds are supposed to be used for public roads. There s no specific language that you cannot provide staff or equipment through the coal haul road funding, he stated. I think it s been construed over the years. It s a gray area, he commented. Can you get an opinion if it s legal or not, asked Mr. Rife? Yes, I can get an opinion from the Attorney General s Office, stated Mr. Moise. Mr. Stiltner stated if you get an Attorney General s opinion and it says that you cannot pay for staff then I m out of a job. We ll have to pay you from county funds, stated Mr. Rife. The definition for doesn t exactly state equipment, but does say to improve public roads, stated Mr. Moise. In my opinion, it s okay. I want it clarified what we can do with the coal haul road funds, stated Mr. Rife. Harold H. Fuller, Garden District Supervisor stated we already have too many county vehicles on the road. We are replacing an old vehicle that needs a lot of repairs, stated Mr. Stiltner. Upon motion by William P. Harris seconded by Trey Adkins and with the following roll call vote of four (4) yeas, William P. Harris, Trey Adkins, Craig Stiltner, J. Carroll Branham, one (1) nay, Harold H. Fuller and two (2) abstentions, G. Roger Rife 11809

9 and Earl Scott, this board did hereby approve the bid in the amount of $30, from Essig Motors, Inc. for the purchase of a 2011 Chevrolet Silverado 2500H to be used by the Buchanan County Bridge Crew to be paid from Bridge Crew account ( ). CONSIDER AMENDING THE BUCHANAN COUNTY COAL HAUL ROAD PLAN (CHR) FOR FISCAL YEAR 2015/2016 IN THE AMOUNT OF $153, FOR MATCHING FUNDS ON THE GRUNDY SIDEWALK ENHANCEMENT PROJECT, WHICH WAS APPROVED ON THE FISCAL YEAR 2014/2015 CHR PLAN AND TO ISSUE A CHECK IN THIS AMOUNT TO THE TOWN OF GRUNDY Marcus Stiltner, Coal Haul Road Engineer stated I failed to carry over the matching funds for the Grundy Sidewalk Enhancement Project. It was in our last year s Coal Haul Road Plan. Billie Campbell with Terra Tech Engineering Services stated the town is ready to go out for bids on the sidewalk project. The project starts in front of the law school to the long bottom bridge. Trey Adkins, Knox District Supervisor voiced are we going to give the town $154,000 and they ve filed a law suit against the county. Mr. Adkins made a motion to reject the request to give the Town of Grundy $153,898 for matching funds for the Grundy Sidewalk Enhancement Project, William P. Harris seconded the motion and with the following roll call vote of three (3) yeas, Trey Adkins, William P. Harris and Craig Stiltner and four (4) nays, G. Roger Rife, Earl Scott, J. Carroll Branham and Harold H. Fuller. The motion failed. Upon motion by G. Roger Rife seconded by Earl Scott and with the following roll call vote of five (5) yeas, G. Roger Rife, Earl Scott, J. Carroll Branham, Harold H. Fuller, William P. Harris and two (2) nays, Craig Stiltner and Trey Adkins, with Mr. Adkins stating Hell No, the town is suing us, Mr. Adkins requested this to be part of the minutes, this board did hereby approve to amend the Buchanan County Coal Haul Road Plan (CHR) for fiscal year 2015/2016 in the amount of $153, for matching funds on the Grundy Sidewalk Enhancement Project, which was approved on the fiscal year 2014/2015 CHR Plan and to issue a check in this amount to the Town of Grundy. CONSIDER APPROVING THE BUCHANAN COUNTY EMS EMERGENCY RESPONSE PLAN After a general discussion by the board upon motion of Craig Stiltner seconded by Trey Adkins and with a roll call vote of seven (7) yeas, Craig Stiltner, Trey Adkins, William P. Harris, G. Roger Rife, Earl Scott, J. Carroll Branham, Harold H. Fuller and 11810

10 zero (0) nays, this board did hereby adopt the following Buchanan County EMS Emergency Response Plan: Purpose County of Buchanan, Virginia EMS Emergency Response Plan This plan is implemented to provide the appropriate and necessary coordination of and response to emergency medical calls in designated EMS service areas within the County of Buchanan to comply with the Virginia Emergency Medical Service Regulations. This plan will serve as both operation and administrative guidelines. Origin This plan is developed pursuant to the requirements of Section 610 of the Virginia Emergency Medical Service Regulations (Virginia Administrative Code 12VAC ). Primary Service Area The primary service area is designated by the Buchanan County Emergency Services Coordinator and/or the Buchanan County Emergency Management System. Secondary Service Area The secondary service area is any other agency that request assistance with-in the EMS agencies locality or in an adjacent locality that the agency has a written Mutual-Aid agreement with. Response Standards A full crew consisting of at least one Virginia Certified Emergency Medical Technician and one approved operator will answer and respond within 5 minutes of the first alert. If no response after the first alert, a second alert will be issued. If a crew has not responded within 2 minutes of the second alert, the call will be turned over to the next available agency that can respond. An EMS unit will arrive on scene within 30-minutes from the time the agency is notified that a unit is needed. In the event of inclement weather or natural disaster, this time standard may not be meet due to the safety of the crew. Compliance Review The EMS Captain of each individual agency will be responsible for ensuring compliance with these standards through a quarterly review of response times. Each agency must comply with this plan at least 90 of the time within the primary service area. The EMS Captain of each individual agency will also provide the results of the Compliance Review annually to their Operating Medical Director as well as to the local governing body. It will be the responsibility of the Buchanan County Sheriff s Office to ensure the authority over The Buchanan County 911 Office will follow this plan to the best of its abilities. It will also be required that all licensed Virginia EMS agencies will follow this plan if they choose to accept it. The agencies that have signed this Plan have accepted the Plan. This EMS Response Plan shall be reviewed by members of the Board of Supervisors and if approved, serve as the official EMS Response Plan of Buchanan County, Virginia. This plan was written in compliance with and pursuant to the requirements of Section 610 of the Virginia Emergency Medical Service Regulations (Virginia Administrative Code 12V AC )

11 CONSIDER APPROVING TO ADD THE EMS EMERGENCY RESPONSE PLAN AS AN ADDITIONAL APPENDIX #12 TO THE BUCHANAN COUNTY EMERGENCY OPERATIONS PLAN (EOP), WHICH PROVIDES ADDITIONAL UPDATED INFORMATION FOR EMERGENCY SUPPORT FUNCTION (ESF) #8 OF THE EOP After a general discussion by the board upon motion by Trey Adkins seconded by William P. Harris and with the following roll call vote of seven (7) yeas, Trey Adkins, Craig Stiltner, William P. Harris, G. Roger Rife, Harold H. Fuller, Earl Scott, J. Carroll Branham and zero (0) nays, this board did hereby approve to add the EMS Emergency Response Plan as an additional appendix #12 to the Buchanan County Emergency Operations Plan (EOP), which provides additional updated information for Emergency Support Function (ESF) #8 of the EOP. PUBLIC HEARING 10:30 A.M. TO HEAR PUBLIC COMMENTS ON THE PROPOSED ORDINANCE ENTITLED: AMENDED ORDINANCE COUNTY CODE SECTION 9.1, FIRE DEPARTMENTS AND RESCUE SQUADS J. Carroll Branham, Chairman opened the public hearing for comments. L. Lee Moise, County Attorney stated the language in this proposed amended ordinance is exactly what the Code of Virginia section provides for regarding fire departments. Upon motion by Trey Adkins seconded by Harold H. Fuller and with a roll call vote of seven (7) yeas, Trey Adkins, Craig Stiltner, Harold H. Fuller, J. Carroll Branham, G. Roger Rife, William P. Harris, Earl Scott and zero (0) nays, this board did hereby approve to close the public hearing. CONSIDER ADOPTING THE AMENDED ORDINANCE COUNTY CODE SECTION 9.1, FIRE DEPARTMENTS AND RESCUE SQUADS After a general discussion by the board upon motion of William P. Harris seconded by Trey Adkins and with a roll call vote of seven (7) yeas, Trey Adkins, Craig Stiltner, Harold H. Fuller, J. Carroll Branham, G. Roger Rife, William P. Harris, Earl Scott and zero (0) nays, this board did hereby adopt the following Amended Ordinance entitled: Amended Ordinance County Code Section 9.1, Fire Departments and Rescue Squads: 11812

12 ORDINANCE ORDINANCE # BE IT ORDAINED BY THE BUCHANAN COUNTY BOARD OF SUPERVISORS AS FOLLOWS: 1. The title of this Ordinance is Coverage For Volunteer Fire Department Cost 2. The purpose of this Ordinance is to permit Volunteer Fire Departments to bill and collect fire policy proceeds for service charges where the fire department is called in to save and protect property covered by said insurance. The authority for this ordinance may be found at Virginia Code section That the Ordinance titled Coverage For Volunteer Fire Department Cost shall be codified in the County Code of Buchanan County in Chapter 9, Fire Departments and Rescue Squad as section 9-22 and will read as follows: A) Every insurer writing a fire policy or fire policy in combination with other insurance coverages shall provide coverage for the cost charged by a volunteer fire department that is not fully funded by real estate taxes or other property taxes for service charges where the fire department is called in to save or protect property insured under such policy from a peril insured against. The limit of such coverage shall be no less than $250. Higher coverage limits may be offered by an insurer for an additional premium. Any bill for such service charges shall be sent to the owner of the property for which the services were rendered. The amount billed shall not exceed the limit of such coverage. This coverage shall not apply to service charges made in response to a call outside of the volunteer fire department's fire protection district, city, or municipality pursuant to a contract. That this ordinance shall take effect immediately upon adoption. Adopted on this the 4 th day of April, BUCHANAN COUNTY, VA. BOARD OF SUPERVISORS By: J. Carroll Branham, Chairman Buchanan County, Va. Board of Supervisors Attest: Robert Craig Horn, County Administrator 11813

13 CONSIDER RATIFYING THE AWARD TO DISCOVERY BENEFITS TO HANDLE COORDINATION OF COBRA BENEFITS IN PLACE OF CERIDIAN After a general discussion by the board upon motion of Harold H. Fuller seconded by Trey Adkins and with a roll call vote of seven (7) yeas, Trey Adkins, Craig Stiltner, Harold H. Fuller, J. Carroll Branham, G. Roger Rife, William P. Harris, Earl Scott and zero (0) nays, this board did hereby ratifying the award to Discovery Benefits to handle coordination of Cobra benefits in place of Ceridian. CONSIDER APPROVING BID IN THE AMOUNT OF $5, FROM CURT S REFRIGERATION, INC. AND CONTRACT FOR THE PURCHASE OF A LG MINI-SPLIT HEAT PUMP SYSTEM FOR THE BUCHANAN COUNTY SHERIFF S OFFICE AND AUTHORIZE THE CHAIRMAN OF THE BUCHANAN COUNTY BOARD OF SUPERVISORS AND 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 by Harold H. Fuller seconded by Trey Adkins and with the following roll call vote of seven (7) yeas, Trey Adkins, Craig Stiltner, Harold H. Fuller, J. Carroll Branham, G. Roger Rife, William P. Harris, Earl Scott and zero (0) nays, this board did hereby approve the bid in the amount of $5, from Curt s Refrigeration, Inc. and the following Contract for the purchase of a LG Mini-Split Heat Pump System for the Buchanan County Sheriff s Office and authorized the Chairman of the Buchanan County Board of Supervisors and 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. This heat pump system will be paid from the renovations account for the new sheriff s Office: CONTRACT THIS AGREEMENT made and entered into this the 4 th day of April, 2016 by and between BUCHANAN COUNTY, a political subdivision of the Commonwealth of Virginia, party of the first part, and CURT S REFRIGERATION, INC. party of the second part, hereinafter referred to as Contractor. WITNESSETH: THAT for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do hereby agree as follows: I The Contractor agrees to provide a turn-key job, which will include any and all materials and labor necessary and any miscellaneous materials needed regarding the purchase and installation of a LG Mini-Split Heat Pump for the Buchanan County Sheriff s Office Building located at 1327 Lovers Gap Road, Vansant, Virginia pursuant 11814

14 scope of services contained within the Invitation to Bid and make a part of this contract by reference thereto, as Exhibit A in Buchanan County, a copy of which is attached hereto and made a part hereof by reference. II The Contractor agrees to perform and complete or cause to be performed or completed all such construction in accordance with the techniques and methods of construction provided for by applicable law, the standards of the construction industry, and the specifications referenced above. The Contractor further agrees that all equipment and materials used in the installation shall meet all those requirements and specifications in compliance with the laws of the United States and the Commonwealth of Virginia. III The Contractor shall, at his own cost and expense, obtain and pay for all licenses, permits, certificates and surveys required for the completion of the work under this Agreement. IV The Contractor shall, at his own cost and expense, procure and maintain insurance required under the Virginia Workers' Compensation Act as well as liability insurance covering damages to person and property in the minimum amount of $1,000, and shall furnish a Certificate of Insurance to the Board. The Contractor agrees to perform all the work required of him under this Agreement in a good and workmanlike manner under the supervision and direction of Buchanan County or its designated agents or employees. The Contractor will not subcontract any of the work described herein without the prior approval of the Buchanan County Board of Supervisors. The Contractor will guarantee any work which would be performed by the sub-contractors. The Contractor further agrees to notify the County Administrator at least 24 hours before commencing work hereunder. V The Contractor in the performance of this contract does not and shall not knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of VI The Board shall pay the Contractor for the performance of the work and the furnishing of the material under this Agreement the sum of $5, upon the satisfactory completion of the aforesaid project. No partial performance payments will be made. VII A. Anything in this Agreement to the contrary notwithstanding, the final payment above set forth shall not become due and payable to the Contractor until thirty (30) days after the satisfactory completion of such project and until after the said Contractor has delivered to the Board satisfactory evidence that all claims, liens, and claims for liens and 11815

15 assignments of any sums due hereunder of Contractor's laborers, workmen and material men or any other persons, firms, associations, or corporations who may have performed any labor or furnished any materials under, or in connection with the performance of this Agreement have been paid in full. B. The County shall notify the Contractor in writing of any defect or impropriety, which could prevent payment by the payment date within twenty (20) days of the completion of the project and the receipt of the materials described in Paragraph 7 A herein. C. In the event of a dispute between the Contractor and a subcontractor and regardless of any other language herein, the Contractor may still be paid in full if he provides the County with written notice of the reason for nonpayment. Upon being paid in full the Contractor shall take one of the two following actions within seven (7) days after having received payment from the County: 1. Pay the subcontractor for the proportionate share of the total payment received from the agency attributable to the work performed by the subcontractor under the contract; or 2. Notify the County and subcontractor, in writing, of his intention to withhold all or a part of the subcontractor's payment with the reason for nonpayment. D. An individual contractor shall provide his social security number to the County and proprietorships, partnerships, and corporations shall provide their federal employer identification numbers to the County. E. The contractor shall be obligated to pay interest to any subcontractor on all amounts owed by the contractor that remain unpaid after seven (7) days following receipt by the contractor of payment from the County for work performed by the subcontractor under this contract, except for amounts withheld as allowed in subdivision C2 of this section. F. Interest shall accrue at the legal rate. G. The contractor shall include in each of its subcontracts a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier subcontractor. H. The contractor's obligation to pay an interest charge to a subcontractor pursuant to the payment clause in this section may not be construed to be an obligation of the County. A contract modification may not be made for the purpose of providing reimbursement for such interest charge. A cost reimbursement claim may not include any amount for reimbursement for such interest charge. VIII The Contractor shall indemnify and save harmless Buchanan County and its Board of Supervisors against all losses, or damages on account of injury to persons or property occurring in the performance of this Agreement together with any and all attorneys' fees incurred by Buchanan County on account of any thereof

16 IX In the event that the Contractor fails to complete the work required of him under this Agreement or abandons the said work or in any other way is in default of performance hereunder, the Board and its agents shall have the right to enter upon the premises upon, which the work is being done and take possession thereof and of any material thereon, whether supplied by the Contractor or otherwise, and use such material and complete the said Agreement through workmen or contractors or subcontractors employed by the Contractor and in every way perform the Agreement as is required to be done by the Contractor. In the event that the cost of such work and the furnishing of such material as may be required to be furnished exceeds the amount then remaining due the Contractor under the said Agreement, the Contractor shall pay to the Board the amount of such deficiency. But if such amount remaining in the hands of the Board under this Agreement at the time of the default of the Contractor exceeds the amount required to complete the said Agreement, then upon such completion the Buchanan County Board of supervisors shall pay such surplus to the Contractor. X In the performance of the work under this Agreement, the Contractor shall conform to all applicable laws, ordinances, rules and regulations now in force or hereafter adopted and shall obtain all permits, licenses and consents required by such laws, ordinances, rules and regulations. XI During the performance of this Agreement, the Contractor agrees as follows: A. 1. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 2. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer. 3. Notices, advertisements and solicitations placed in accordance with federal law, rules or regulations shall be deemed sufficient for the purpose of meeting the requirements of this section. B. The Contractor will include the provisions of the foregoing paragraphs a, b, and c 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 Contractor will: 1. Provide a drug-free workplace for the Contractor's employees; 11817

17 2. Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; 3. State in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and4. Include the provisions of the foregoing clauses in every subcontract or purchase order of over $10, 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 contractor 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. In the event of the Contractor's noncompliance with this section of this Contract, (Section XI), this agreement may be cancelled, terminated or suspended, in whole or part, and the Contractor may be declared ineligible for further Agreements and such other sanctions may be imposed and remedies invoked as otherwise provided by law. XII The Contractor shall, at all times, keep all roads, in the construction area, open and passable to normal traffic, considering short delays, which may be necessary in the performance of the work covered by the Agreement. XIII No extra work, not required by the plans and specifications hereinbefore mentioned, shall be performed or other material furnished unless on written order of the Board certifying that the performance of such extra work has been approved and authorized by it and modification of said contract is compliant with Va. Code section XIV No extra compensation not specified in this Agreement shall be demanded or received by the Contractor for any changes or alterations in the work performed under this Agreement, or for any extra work unless the foregoing provisions of this Agreement have been complied with strictly and modification of said contract is compliant with Va. Code section XV The Contractor shall commence work under the terms of this Agreement on or before following the date of execution of this Agreement and shall complete all such work on or before thirty (30) calendar days (weather permitting) after the execution of this Agreement. However, in the event the contractor is unable to complete said project within thirty (30) calendar days, contractor is hereby required to 11818

18 request in writing an extension for an additional period not to exceed twenty (20) days, from the Board. It shall be in the sole discretion of the Board to either grant or not to grant an extension of the time to complete the construction of the project. No extension shall be granted for contractor's failing to properly plan or anticipate the actual time required to complete the project nor for contractor's overextension of labor and materials or failure of subcontractor or supplier to timely perform. A penalty for failing to meet project deadlines or extensions thereof shall accrue as follows: 5% of contract amount upon the first day of default and an additional 1% of the contract balance for each weekday (holidays excluded) thereafter until the project is completed and approved by the Board. XVI No modification of any of the terms of this contract, nor any extension of the length of time allowed for the completion of the work governed by this contract, shall be valid without the advance written approval of the Buchanan County Board of Supervisors and in compliance with Va. Code section The Contractor shall not assign his rights or obligations under this Agreement, nor have any of the work required by this Agreement performed by sub-contractors without the prior approval of the Board of Supervisors. XVII Claims by the Contractors shall be made in accordance with Section of the 1950 Code of Virginia, as amended, and shall include a sworn written statement of facts substantiating such claims, together with copies of all documents and photographs which tend to substantiate such claims. The Contractor shall be allowed to appear before the Board of Supervisors within thirty (30) days after having filed such claim to present its argument in support of such claim. The Board of Supervisors shall rule on such claim in writing within sixty (60) days of the time set for such hearing. XVIII The parties agree that in the event the Contractor defaults in its performance of this Agreement or in the event that any money is paid by the Contractor's surety for the completion of this Contract, that the Contractor shall be disqualified from bidding on any future county construction projects for a period of two (2) years. XIX The County may cancel this Agreement at any time based upon a decision by the Buchanan County Board of Supervisors that such cancellation is in the best interest of the County. Any such decision shall be a discretionary decision of the Board. In the event of a cancellation pursuant to this paragraph, then the County shall not be liable to the Contractor for his bidding cost or for any amount other than the fair market value of the work completed, namely the equipment and materials provided and installed by the Contractor pursuant to this Contract as of the time of the cancellation

19 XX 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 any litigation hereunder whether or not such alleged breach involves Federal law or jurisdiction. XXI 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. XXII The Contractor if organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as registered limited partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity. XXIII The Contractor warrants to County and to the County s successors, assigns that: 1) The Contractor has a good title to the heat pump units and any other materials installed conveyed and has the right to transfer them; and 2) The heat pump units and any other materials installed sold hereunder are fit and merchantable for the ordinary purposes for which such goods are used; and 3) The heat pump units and any other materials installed is free of any defect in material and/or workmanship; and 4) That the heat pump units and any other materials installed sold hereunder shall be delivered free from any security Interest or other lien or encumbrance; and 5) The goods sold hereunder conform to the description and specifications set forth in the specification incorporated into the Invitation to Bid herein, which resulted in the award of this contract. 6) The Contractor warrants for a one year period all labor, heat pump units, parts and materials delivered and installed by the Contractor or subcontractor pursuant to this contract. XXIV Contractor warrants and guarantees that title to the heat pump units and any other materials installed, will pass to County no later than the time of payment free and clear of all liens. XXV In the event that the Contractor 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 11820

20 by either statutory or common law that may be applicable and/or any other contractual provision set forth herein. EXECUTED IN DUPLICATE ORIGINALS. WITNESS the following signatures and seals: BUCHANAN COUNTY ATTEST: By: J. Carroll Branham, Chairman of the Buchanan County Board of Supervisors Robert Craig Horn, County Administrator for Buchanan County, Virginia CONSIDER APPROVING BID IN THE AMOUNT OF $20, FROM VIRGINIA POOLS SALES & SERVICE, INC. AND CONTRACT FOR THE PURCHASE AND DELIVER OF MATERIAL FOR SPLASH POOL AT THE WILLIAM P. HARRIS PARK WITH ON-SITE TECHNICAL ASSISTANCE AND AUTHORIZE THE CHAIRMAN OF THE BUCHANAN COUNTY BOARD OF SUPERVISORS AND 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 by Trey Adkins seconded by William P. Harris and with the following roll call vote of four (4) yeas, Trey Adkins, William P. Harris, Craig Stiltner, J. Carroll Branham and three (3) nays, G. Roger Rife, Earl Scott and Harold H. Fuller, this board did hereby approve the bid in the amount of $20, from Virginia Pools Sales & Service, Inc. and contract for the purchase and deliver of material for Splash Pool at the William P. Harris Park with on-site technical assistance and authorized the Chairman of the Buchanan County Board of Supervisors and 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 4 th day of April, 2016, 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 Virginia Pools Sales & Service, Inc., party of the second part, hereinafter referred to as Vendor

21 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 Splash Pool as described in the Invitation to Bid made a part of this contract by incorporation by reference as Exhibit A at the William P. Harris Park located at 1125 Quinn Branch Road, Honaker, VA. Additionally, the Vendor agrees to provide onsite technical support services and telephone technical support services for the rates set forth herein. II. The Vendor shall deliver to County the following materials: Filter system equipment: (1) Pentair Tr-140C Fiberglass sand filter (holds 900# of sand) (18) 50# graded filter media (1) Pentair 2 side mount multiport (1) Pentair 400k BTU Mastertemp 400HD gas heater (ASME model with commercial grade cupronickel heat exchange and conversion kit for propane) (1) Autopilot PPP-3 Commercial Salt Chlorine generator with (3) CC-15 cells 40# Aquasalt 100# Cyanuric Acid UV Shield 1 gallon Muriatic Acid (3) Pentair Intelliflow VS Variable speed pump, mfg part number (4) Pentair Superflo VS variable speed pump, mfg part number Note: Vendors may include equipment comparable to the filter system equipment listed above. However, the quality of the equipment included in a particular bid will be a significant factor in evaluating which vendor will be awarded the bid on the requested equipment. The Vendor must supply information documenting that any equipment that is being supplied as a substitute for Pentair equipment is comparable to Pentair. 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 $20, Additionally, the Vendor will supply on-site technical support services at the rate of $ per day; and Telephone Technical Support at the rate of $ per hour. Payment of the purchase price shall be made within thirty (30) days of delivery of the above