MINUTES ADJOURN CONTINUED MEETING FROM JANUARY 21 ST THROUGH 23 RD, 2015 IN RICHMOND, VIRGINIA

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1 MINUTES A regular meeting of the Buchanan County Board of Supervisors was held on Monday the 9 th day of February 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 Robert Craig Horn County Administrator L. Lee Moise, County Attorney ABSENT: Earl Scott ADJOURN CONTINUED MEETING FROM JANUARY 21 ST THROUGH 23 RD, 2015 IN RICHMOND, VIRGINIA Upon motion by J. Carroll Branham seconded by William P. Harris and with a roll call vote of four (4) yeas, J. Carroll Branham, William P. Harris, Harold H. Fuller, Trey Adkins, zero (0) nays, two (2) abstentions, Craig Stiltner, G. Roger Rife and one (1) absent, Earl Scott, this board did hereby approve to adjourn the continued meeting from January 21 st through 23 rd, 2015 in Richmond, Virginia. The meeting was called to order with Prayer and Pledge of Allegiance. CONSIDER ROBERTS RULES OF ORDER Trey Adkins, Chairman stated according to the Roberts Rules of Order any person who wishes to speak shall be allowed three (3) minutes each unless questioned by the board of supervisors. If you re on the agenda regarding an issue, you will be allowed five (5) minutes to speak two (2) different times regarding the same issue. Mr. Adkins stated that all comments should be addressed to him as Chairman of the board. He requested the public to be quite and conduct themselves orderly during the meeting. Upon motion by Craig Stiltner seconded by J. Carroll Branham and with a roll call vote of six (6) yeas, Craig Stiltner, J. Carroll Branham, G. Roger Rife, Harold H. Fuller, Trey Adkins, William P. Harris, zero (0) nays and one (1) absent, Earl Scott, this board did hereby agreed to the rules as set forth according to the Roberts Rules of Order

2 CONSIDER ADOPTING A RESOLUTION PERMITTING A MEMBER OF THE BOARD OF SUPERVISORS TO PARTICIPATE IN A MEETING OF BOARD FROM REMOTE LOCATION BY ELECTRONIC COMMUNICATIONS PURSUANT TO VIRGINIA CODE SECTION L. Lee Moise, County Attorney stated due to medical and physical issues Earl Scott, Prater District Supervisor wasn t able to attend today s meeting. He stated Virginia Code Section does allow a member of the public body to participate in a meeting through electronic communications. After a general discussion by the board upon motion by G. Roger Rife seconded by Craig Stiltner and with a roll call vote of six (6) yeas, Craig Stiltner, J. Carroll Branham, G. Roger Rife, Harold H. Fuller, Trey Adkins, William P. Harris, zero (0) nays and one (1) absent, Earl Scott, this board did hereby adopt the following Resolution permitting a member of the board of supervisors to participate in a meeting of the board from remote location by electronic communications pursuant to Virginia Code Section : RESOLUTION POLICY PERMITTING MEMBER OF BOARD OF SUPERVISORS TO PARTICIPATE IN MEETING OF BOARD FROM REMOTE LOCATION BY ELECTRONIC COMMUNICATIONS PURSUANT TO VA. CODE SECTION WHEREAS, the Buchanan County, Va. Board of Supervisors acknowledges the need that in circumstances as set forth in Va. Code section that it may be necessary for a member of the Board to participate in a meeting of the Board from a remote location by electronic communications; and NOW THEREFORE, BE IT RESOLVED, by the Buchanan County, Virginia Board of Supervisors that it hereby adopts a policy that will permit members of the Board of Supervisors to participate in meetings of the Board from a remote location by electronic communications as permitted pursuant to the provisions of Va. Code section ; and accordingly all the provisions of Va. Code section are hereby adopted and incorporated by reference into this resolution. This Resolution was adopted by the Buchanan County Board of Supervisors on t h i s t h e 9 th d a y o f F e b r u a r y Recorded vote: Moved: G. Roger Rife Seconded: Craig Stiltner Yeas: Six Nays: Zero Absent: One Trey Adkins, Chairman Buchanan County Board of Supervisors ATTEST: Robert Craig Horn, County Administrator 11037

3 PUBLIC HEARING 10:00 A.M. TO HEAR PUBLIC COMMENTS ON A PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION TO BE SUBMITTED TO THE VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT REGARDING THE HURLEY REGIONAL WATER PROJECT, PHASE VI Trey Adkins, Chairman opened the public hearing for comments. Debbie Milton with Cumberland Plateau Planning District (CPPD) stated currently we are in the process of submitting a grant application to the Virginia Department of Housing and Community Development for the Hurley Regional Water Project, Phase VI. She stated the application is due March 25 th and the request would be for $1 million. The Hurley Regional Water Project, Phase VI is a large phase of the project, stated Ms. Milton. Funding has been cut for this project from the Virginia Department Mines, Minerals and Energy AML Water Program, which may cause the PSA to have Phases VI-A and VI-B. 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 close the public hearing. BILL KEENE, TREASURER UPDATE Bill Keene, Treasurer stated the mineral license tax that was collected last month has decreased from $668, the previous month to $604, The amount of methane gas taxes collected is down to $179, from the previous month, which was $218, CONSIDER APPROVING TO REMOVE JAMES MCNEIL REAL ESTATE OWNED IN THE GARDEN DISTRICT OF BUCHANAN COUNTY FROM THE TAX RECORD After a general discussion by the board upon motion by Harold H. Fuller seconded by G. Roger Rife with a roll call vote of seven (7) yeas, Harold H. Fuller, G. Roger Rife, William P. Harris, Craig Stiltner, Trey Adkins, J. Carroll Branham, Earl Scott and zero (0) nays, with Earl Scott voting by electronic communications, this board did hereby approve to remove James McNeil real estate owned in the Garden District of Buchanan County from the tax record

4 CONSIDER SCHEDULING A PUBLIC HEARING ON MONDAY, MARCH 9 TH, 2015 AT 11:00 A.M. REGARDING THE ADOPTION OF A RESOLUTION DECLARING ITS INTENT TO USE CONDEMNATION PROCEDURES TO OBTAIN AN EASEMENT OVER CERTAIN SPECIFIED PROPERTIES LOCATED IN BUCHANAN COUNTY FOR THE PURPOSE OF UPGRADING EXISTING WIRELESS COMMUNICATION TOWERS AND CONSTRUCTING TWO ADDITIONAL TOWERS, INCLUDING THE CREATION OR IMPROVEMENT OF EXISTING ROADWAYS FOR ACCESS After a general discussion by the board upon motion by Craig Stiltner seconded by William P. Harris with a unanimous voice vote by the board, this board did hereby approve to schedule a public hearing on Monday, March 9 th, 2015 at 11:00 a.m. regarding the adoption of a resolution declaring its intent to use condemnation procedures to obtain an easement over certain specified properties located in Buchanan County for the purpose of upgrading existing wireless communication towers and constructing two additional towers, including the creation or improvement of existing roadways for access. CONRAD HILL, LEBANON RESIDENCY ADMINISTRATOR FOR THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO DISCUSS STRUCTURAL OVERLAY ROUTES AND TRANSFERS Conrad Hill, Lebanon Residency Administrator stated there was 30.2 miles of structural overlay routes for FY It was adjusted slightly with three (3) routes extended, which will balance the overlay routes in each of the districts. The contracts should be approved in April and the overlay projects completed by December 1 st, Trey Adkins, Chairman asked if the county doesn t use all the snow removal funding appropriated for this year, could this funding be allocated to the structural overlay projects? Mr. Hill stated no, it would be applied for maintenance contracts. After a general discussion by the board upon motion by G. Roger Rife seconded by Craig Stiltner and with a unanimous voice vote by the board, this board did hereby approve the list of structural overlay routes for FY 2015 for Buchanan County. A copy of this list is located in the Buchanan Count Administrator s Office for review. CONSIDER ADOPTING A RESOLUTION REGARDING THE TRANSFER OF SURPLUS FUNDS FOR THE VIRGINIA DEPARTMENT OF TRANSPORTATION After a general discussion by the board upon motion by Craig Stiltner seconded by William P. Harris and with a roll call vote of seven (7) yeas, Harold H. Fuller, G. Roger Rife, William P. Harris, Craig Stiltner, Trey Adkins, J. Carroll Branham, Earl 11039

5 Scott and zero (0) nays, with Earl Scott voting by electronic communications, this board did hereby adopt the following Resolution regarding the transfer of surplus fund: The Board of Supervisors of Buchanan County, in regular meeting on the 9 th day of February 2015, adopted the following: RESOLUTION WHEREAS, the Buchanan County Coal and Gas Road Advisory Committee and the Buchanan County Board of Supervisors approved as part of previous Coal Road Plans monies for projects on Routes 610 (UPC 91056), 611 (UPC ), 636 (UPC ), various structural overlays FY13 (UPC ), various structural overlays FY14 (UPC ), and guardrail at various locations (UPC ), and those projects were unviable, or are completed leaving surpluses of $107,671.00, $393,623.00, $185,424.00, $311,356, $1,000,000.00, and $120, respectively, and WHEREAS, the Buchanan County Coal and Gas Road Advisory Committee and the Buchanan County Board of Supervisors approved as part of Coal Road Plan a Route 652 (Knox Creek) widen and pave project (UPC ), Route 613 (Jewell Valley) Rural Rustic project (UPC ), and structural overlays on various routes (UPC ), and to fully fund the projects for advertisement, additional funds are needed, NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors resolve to transfer the surplus funds in the amount of $480,000,00 to Route 652 (UPC ), $160, to Route 613 (UPC ), and the remaining $1,358, to the Structural Overlay Plan (UPC ), and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Recorded Vote Moved by: Craig Stiltner Seconded by: William P. Harris Yeas: Seven Nays: Zero A Copy Teste: Robert Craig Horn, County Administrator GENERAL DISCUSSION CONCERNING STATE ROAD ISSUES Craig Stiltner, Rocklick District Supervisor requested Conrad Hill, Residency Administrator for the Virginia Department of Transportation (VDOT) to see if VDOT could repair several potholes that are located in the Big Rock area to the Kentucky Stateline. J. Carroll Branham, North Grundy District Supervisor stated there s a lot of potholes on Rt. 83, Slate Creek Road from the Town of Grundy to where you turn off to go to Hurley. G. Roger Rife, South Grundy District Supervisor also requested potholes be repaired at the mouth of Little Prater. Trey Adkins, Chairman stated there was several pothole in the Knox Magisterial District that needed fixed. Mr. Hill stated VDOT would be repairing the potholes as soon as possible

6 FRANK SMITH, RESIDENT TO DISCUSS THE CONFERENCE ON THE ECONOMY OF THE COALFIELD REGION OF VIRGINIA Frank Smith, resident commented stated the conference on the economy of the Coalfield Region of Virginia was held in January at the Appalachian College of Pharmacy with several legislators and other leaders present for the conference to hear concerns from residents and discuss important issues for Southwest Virginia. There wasn t anyone from the school system present, but there were several supervisors and the County Administrator present at the conference. There wasn t anyone on the agenda to speak about the state of the economy from Buchanan County, stated Mr. Smith. Are we that disinterested in where we live? Don t we care about what kind of message we are sending to our citizens and our students in the county? If you were giving a commencement address to high school seniors, what would you tell them to do? Since the conference there has been 150 people laid-off in the county, he stated. Seventy of those have been called back but there are still 80 people without a job. You are elected to do a job and I say let s get on with doing a job, stated Mr. Smith. Let s go to our high school seniors and prepare them for what they re going to do, because there are not any coal jobs to feed a family, to raise a family or pay taxes. William P. Harris, Hurricane District Supervisors stated I agree 100% with you. Trey Adkins, Chairman stated neither myself nor the County Administrator were asked to speak during the conference. Since the event was held in Buchanan County, you would think that at least one (1) member of the board of supervisors or the county administrator would ve been asked to speak, he stated. It s hard to call and put yourself on the list to speak, when you weren t invited to start with. I think the conference was just a show for the legislators to brag on what they re doing in other counties, commented Mr. Adkins. I didn t hear anything they were doing in Buchanan County. There were a lot of missed opportunities to discuss issue in the county, stated Mr. Smith. I urge you to get out and do what you were elected to do, he stated. JOINT MEETING WITH THE BUCHANAN COUNTY SCHOOL BOARD Heath Harrison, Chairman of the Buchanan County Public School Board stated two (2) other school board members were present for today s meeting; Clarence Brown, representative for the Knox District and Wayne Deskins, representative for the Garden Distract as well as Larry Ashby, Superintendent and Trish Rowe, Administrative Assistant per the request from the board of supervisors

7 Larry Ashby, Superintendent stated the school system is requesting additional funding in the amount of $1.7 million, which would allow the school system to pay their employees salaries through the end of the school year. We are in the process of looking at all of our different areas within the school system as to what we need and things that we may do. The $1.7 million will take care of things that we need to take care of and proceed throughout the rest of the school year, he commented. Trey Adkins Chairman requested that all comments and questions be directed to him as chairman of the board. I will then forward your questions to the appropriate person to answer. Bill Keene, Treasurer stated the school system needs approximately $8.9 million, which would bring them up to date for this fiscal years. This is an estimate, he stated. Joe Gary Street, local businessman and former school board member commented that he didn t have any intentions for speaking today, but how can we have this happen in Buchanan County? We have a school system out of control, he stated. The school system was overdrawn and in the red over $2.7 at the end of The county s audit was supposed to be available to every citizen in the county in December We don t even have revenue from the school system. Every business should be able to tell you at the end of a month if they re going to be in the red or have a plus, commented Mr. Street. Mr. Street commented that he has three (3) grandchildren that is in the county s school system or will be going to school in the next few years. How you can give them money, when you don t know what they owe, Mr. Street asked the board of supervisors? Frank Smith, resident stated he agreed 99.9 percent with Mr. Street. The county had already given $9.5 million to the school system. How can they be short $9 million? This issue had to start a lot time ago. Until we can get a relationship between this side of the room and that side of the room, he commented. Craig Stiltner, Rocklick District Supervisor asked Mr. Keene, Treasurer how long had he been finance director for the county? Mr. Keene stated over twenty (20) years. Mr. Stiltner asked Mr. Keene if the former superintendent and administrative assistance ever carry over funds in the past twenty (20) years. Mr. Keene stated never. Mr. Adkins asked Mr. Ashby if the school system hired additional employees after July 1 st? To say we didn t know about this problem is incorrect, we ve known the past two (2) years. On January 15 th, the treasurer told me how bad the issue was with the school system. On Saturday, I had a ten (10) year old boy come up to me and asked me if Riverview Elementary/Middle School was going to close in March, since there s no money, commented Mr. Adkins. This really bothers me. When you get to a point and 11042

8 the children in the school systems starts worrying about it, then you ve got a serious problem, he stated. Stephanie Justus, resident and former school teacher stated my family has been in education in Buchanan County since My parents were teachers and I was a teacher. I ve taught in Florida, Tennessee and Buchanan County for over twenty (20) years, she commented. There were times I loved it and times I hated it. I was a single mother of three (3) children and I learned to make a budget, stated Ms. Justus. I knew what I had in the bank and exactly what my check was each month. I learned from mistakes. I didn t open up credit cards that I couldn t pay. I put two (2) children through college on a single teacher s salary, she stated. You learn to cut back when you don t have the money. You make cuts and you pay bills accordingly and learn to prioritize, she commented. We ve gotta have food, teachers, gas for the buses, but there s a lot of junk the school system doesn t need, commented Ms. Justus. I know I could make a list of what the school system could be cutting out. Linda Stiltner, resident stated last summer I spoke in favor of closing Russell Prater Elementary School and got booed during a school board meeting. I lost friends and now it was all for nothing. Absolutely nothing. I think they should fire Mr. Ashby, voiced Ms. Stiltner. I don t know why they gave him an extra contract. The school board should examine their conscience, examine themselves inside and everyone that voted for that extra contract, should resign today, commented Ms. Stiltner. Paul Hayes, former school employee and school board member commented that he had been involved in the school system since Also, my wife was a school teacher. My heart s been in the school system and I d cried over what s happened to this school system over the last few years, he stated. It didn t take long for this school system to be destroyed. It s really sad to see school children trying to raise money for toilet paper for the school system, commented Mr. Hayes. There s only one (1) school accredited now and when I was there all the school were accredited. Last year the school board approved to reduce the number of school days by twenty (20) plus days, stated Mr. Hayes. What s more important in Buchanan County than our children, voice Mr. Hayes. How can the school system overspend their money, asked Mr. Hayes. When I was on the school board we hired employees in the middle of the year, but we had money in our budget. What are we getting for our money? We ve got to do something for our children and make sure our money is being spent the right way, stated Mr. Hayes. Craig Stiltner, Rocklick District Supervisor stated he had previously asked Mr. Ashby if the school system could make it on $9.5 million if Russell Prater Elementary School was closed. His answer to me was yes. Is this correct Mr. Ashby? 11043

9 Mr. Ashby stated yes. Mr. Stiltner asked Mr. Ashby to give an insight to the board of how this has happened? Corbin Stone, a certified public accountant for Robinson, Farmer, Cox Associates, which is the firm contracted by the county to do the auditing services for the county. Mr. Stone stated in July 2012 the Buchanan County Public School System had a fund balance over $1 million. Mr. Adkins stated Mr. Ashby was hired on July 1 st, 2012 as superintendent. At that time, the school system had a balanced budget. He asked Mr. Ashby if he had hired additional employees not long after becoming superintendent. These positions were not in the school systems budget for fiscal year 2012/2013, he commented. Mr. Ashby stated the school system always has had certain areas where we may need to hire a math teacher, etc. Mr. Stone stated if the school system increases their expenses, then they would need to increase their budget. We are just now finishing the 2014 audit, because we just received the final books from the school system about two (2) weeks ago, commented. We ve been working on it since then. The school system needs some kind of plan for fiscal year 2015/2016, stated Mr. Stone. They need to figure out that they can afford and know what is going to be received from the stated federal government. They lost over $600,000 in state revenue, when there was a decrease of 100 students from one school year to another, stated Mr. Stone. He stated the school system had a $1 million surplus end of fiscal year 2012 and at the end of 2013 they had a $2.7 million deficit. This totals approximately $3.7 million loss. Mr. Stiltner asked Mr. Ashby again how could this happen? G. Roger Rife, South Grundy District Supervisor stated last year the school system had a $2.7 million deficit. The audit being done now will show a $4 million deficit for the school system. It s growing year to year, he stated. Jessica Savage, resident asked Mr. Stone to confirm according to the Virginia Code Section, the audit was only supposed to be completed by now, but was supposed to be available for the public by December 31 st, Mr. Stone stated yes. We just received the final books from the school system a couple weeks ago. Mr. Street stated we re in an election year. It s strange to me that the books were held up to see what kind of deficit the school system was going to have. If I m not mistaken, but in November 2014, the school board voted to give Mr. Ashby another three year contract and somebody had to know that the school system was going to have a deficit, he commented

10 Mr. Stone stated the school system didn t turn over their books in a timely matter. We would ve liked to have their books in October at the latest. Mr. Street stated it really worries me that everything was held up until a contract was signed, which will cost this county over $315,000, plus fringe benefits over the next three (3) years with a man that s losing money for the school system. We are the stakeholders of this county and we elect these people to represent us. Mr. Ashby should ve been fired, he voiced. Bernard McClanahan, resident stated the present school board was elected in November 2011 and started in January At the end of the fiscal year 2012 the school system had a surplus and then the new administration was hired and this is what happened. Jodie Reynolds, resident and local business woman asked Mr. Stone how many other schools in Virginia their auditing firm has contracts with. Mr. Stone stated a lot. Frank Smith, resident asked Mr. Stone prior to 2012, how long had Robinson, Farmer Cox Associates did auditing services for the county? Mr. Stone stated since the late 90 s. Mr. Smith asked if there was ever a recurring problem since the late 90 s to 2013/2014 with the school system. Mr. Stone stated no. Mr. Smith stated it s up to the seven (7) school board members to get the school systems information to the county s auditor. Mr. Stiltner asked Mr. Ashby again how could have happened? Mr. Adkins stated I ve heard that the school system was going to layoff up to 100 employees immediately. Mr. Stone commented there s a lot of school employees that doesn t have a contract. There could be come recourse about the contracts. Mr. Ashby stated we re going to evaluate our entire operation and review everything that has happened in the last couple years. Also, we re going to meet with Mr. Stone and once we have that report to put together, we ll have all the information together. To elaborate today, with nothing here or anything like that is inappropriate until we do what we need to do, he commented. Mr. Adkins asked Mr. Ashby if he hired additional employees not long after becoming superintendent, positions not in the budget? Mr. Stiltner asked Mr. Ashby if he recommended to the school board members to hire employees that you didn t have money for. Mr. Ashby stated we re going to revaluate the past couple years. I have no comments at this point. Betty Bevins, resident stated my husband is a school board member for the South Grundy District. This is very embarrassing for this entire county as well as the school 11045

11 board, she commented. The school system should ve had their material to the auditor by the end of June It s sad the school system hasn t heard any of this before now, she stated. Mr. Adkins asked Heath Harrison, the Chairman of the Buchanan County School Board if he was aware of the current shortfall for the school system? Mr. Harrison stated not to this extent. Doris Boitnott, representative for the Virginia Education Association (VEA) stated there s a number of Buchanan County teachers that are not being paid correctly and are currently working without a contract. I m currently doing an investigation about the amount of money some people are being paid is absolutely not correct and some of the contracts for the teachers are off as much as $10,000.00, which impacts their retirement, she commented. If there s been mismanage of money and the money isn t there for that reason, you cannot have a reduction in force, stated Ms. Boitnott. If you re planning on laying off 100 employees, you may find more problems legally. Mr. Stiltner stated I sit on the school board for four (4) years. If there s a layoff of school employees, there will be an attorney ready to take the case. Jessica Savage, resident asked if the school board received an end of the month report and if so, they should ve known there was a problem. Mr. Stiltner commented we ve known for some time, they had a problem. Mr. Harris, Chairman of the school board stated each month we receive a package with the expenditures and revenue received, but nothing about the current situation. When this was brought to my attention, I call a special called meeting of the school board, he commented. Clarence Brown, school board member for the Knox District stated we knew at one time we had a $3 million deficit to try to take care of. We were trying to look at the situation and see how we could do that and still pay the bills of that current year. But aware of where we were now, no, he commented. Mr. Adkins stated I personally want you all to know that I don t lay the blame with the school board. I feel that you all have took measures after tough decisions by closing Russell Prater Elementary School and ending the Early Retirement Incentive Program, he commented. Ms. Reynolds stated the school board should ve known month to month and from one (1) fiscal year to the next fiscal year the situation. She asked Ms. Boitnott if there were some contracts not signed by the school employees. Ms. Boitnott stated yes, there are some contracts not signed. Mr. McClanahan, resident stated by closing Russell Prater Elementary School, Dickenson County is receiving an additional $350, for the students that transferred from Russell Prater. Approximately 25 students transferred to Dickenson County, some students transferred to Tazewell County and one (1) to Bristol School System

12 I don t know how anyone could be shocked, voiced Mr. McClanahan. We sit here last year and talked about the schools shortfall. Also, before you give a raise you must figure out what s coming in for revenue and what are the expenditures, he stated. Ms. Bevins asked if there was money saved in closing Russell Prater Elementary School. Since my husband is a school board member, I ve read his monthly financial statement in his agenda package. If you re going to approve a bill, then you need to see the bill as back-up support, she commented. I don t think the school board is being provided any documentation of any bills. Mr. Adkins commented closing Russell Prater Elementary School should ve saved money. Mr. Smith commented last year Mr. Stiltner asked Mr. Ashby if the school system could live on what was budgeted the $9.5 million. Mr. Stiltner commented and the answer was no problem. Correct? Mr. Smith stated yes, I was here. I don t know how this board can act upon giving $1.7 million to the school system without having a financial sheet, he commented. Mr. Harrison stated the school board has a continued meeting on Wednesday night at 5:00 p.m. to discuss this issue. Mr. Stiltner thanked the three (3) school board members for attending today s meeting. He commented four (4) years on the school board with Mr. Justus and Mrs. Presley was very pleasant. William P. Harris, Hurricane District Supervisor asked if the school system had more employees now, than when Russell Prater Elementary School was open? Mr. Ashby stated he would have to look back to see. Mr. Stiltner stated it s really bad when the superintendent can t answer this one question. Are there more employees this year than last year? Mr. Ashby stated yes, we have less employees this year than last year. Mr. Stiltner commented how can we get to the bottom line if we don t get truthful answers? When consolidation happened several years ago, did the county save any money? Mr. Street stated when we built Riverview Elementary/Middle School it cost $18.3 million. The board of supervisors didn t want a gymnasium constructed at Riverview, so the school board asked if they could come up with the additional $2.3 million for the gymnasium. We came up with the funding from the savings in closing the other schools that consolidated into Riverview, he commented. One of these days there may be only one (1) school in the county, when there is no coal, commented Mr. Street. Look at the layoffs in the county now. If we don t do some changes in the school system, then next year they ll need $12 million, he stated. You better know what your finances are, it s your responsibility. Mr. Rife asked how many students are gone or moved, since Mr. Justus left? 11047

13 students. Mr. Street stated in 1995, there were 5,600 students and now there are 3,000 Tom Justus, former superintendent stated there were 3,147. Mr. Stiltner stated now there s 3,000. Mr. Harrison stated in the past two (2) years we have lost almost $1 million in revenue based on the number of students. J. Carroll Branham, North Grundy District Supervisor asked if the school system had enough funds for the employees salaries until the end of the year? Mr. Ashby stated no, we don t have enough funds in the current school system budget to pay salaries through the end of this school year. fiscal year? exhausted? Mr. Branham asked how much did the school system need to get to the end of this Mr. Ashby stated $1.7 million. Mr. Adkins asked how long can the school system operate until the funding is Trish Rowe, Administrative Assistance stated the February payroll has already been run and money exists to process the March payroll as well. The school system will need additional funding in April to meet payroll. Mr. Stiltner stated it s my recommendation to address this in the future, since they ve got enough money to make it this month. I m not going to vote for one dime until I see a change. No action was taken. MARCUS STILTNER, COAL HAUL ROAD ENGINEER - CONSIDER ADOPTING A RESOLUTION TO ACCEPT THE DEED OF GIFT FOR JUSTUS CIRCLE LOCATED IN THE KNOX MAGISTERIAL DISTRICT BETWEEN BANDON LITTLE AND ALLIE NICHOLE LITTLE, HUSBAND AND WIFE; MARK T. MATNEY AND JACQUELINE M. MATNEY, HUSBAND AND WIFE TO BUCHANAN COUNTY, VIRGINIA 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 DEED ON BEHALF OF BUCHANAN COUNTY TO ACKNOWLEDGE ITS ACCEPTANCE OF SUCH PROPERTY WITH THE APPROVAL AS TO FORM BY THE COUNTY ATTORNEY Marcus Stiltner, Coal Haul Road Engineer stated Justus Circle serves three (3) occupied dwellings in the Knox Magisterial District. We ve been working on this deed of gift for right-of-way for awhile. G. Roger Rife, South Grundy District Supervisor asked if the road meets the guidelines according to the Coal Haul Road Policy? L. Lee Moise, County Attorney stated yes

14 Harold H. Fuller, Garden District Supervisor commented I thought we had decided to not taken any more roads into the county road system. I ll vote yes on this because it was already in the pipeline to be approved, but not anymore. Mr. Rife stated there are over 900 roads in the county road system. I don t know how many more we can keep up. Trey Adkins, Chairman stated I ve took out more roads since I ve been supervisor than taken in to the county road system in the past three years. After a general discussion by the board upon motion by J. Carroll Branham seconded by Craig Stiltner with a roll call vote of six (6) yeas, J. Carroll Branham, Craig Stiltner, G. Roger Rife, Harold H. Fuller, William P. Harris, Trey Adkins, zero (0) nays and one (1) absent, Earl Scott, this board did hereby adopt the following Resolution to accept the Deed of Gift for Justus Circle located in the Knox Magisterial District between Bandon Little and Allie Nichole Littler, Husband and Wife; Mark T. Matney and Jacqueline M. Matney, Husband and Wife to Buchanan County, Virginia 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 Deed on behalf of Buchanan County to acknowledge its acceptance of such property with the approval as to form by the County Attorney: RESOLUTION ACCEPTANCE OF DEED OF GIFT BY AND BETWEEN BRANDON LITTLE AND ALLIE NICHOLE LITTLE, HUSBAND AND WIFE; MARK T. MATNEY AND JACQUELINE M. MATNEY, HUSBAND AND WIFE TO BUCHANAN COUNTY, VIRGINIA REGARDING JUSTUS CIRCLE LOCATED IN THE KNOX MAGISTERIAL DISTRICT BE IT RESOLVED, by the Buchanan County Board of Supervisors that we approve acceptance of the property described in that Deed of Gift attached hereto between Brandon Little and Allie Nichole Little, husband and wife; Mark T. Matney and Jacqueline M. Matney, husband and wife to Buchanan County, Virginia and authorized the Chairman of the Buchanan County Board of Supervisors and Robert Craig Horn, County Administrator for Buchanan County, Virginia to execute such Deed on behalf of Buchanan County to acknowledge its acceptance of such property with the approval as to form by the County Attorney. This Resolution was adopted by the Buchanan County Board of Supervisors on this the 9 th day of February, 2015 by a roll call vote of six for and zero against. Chairman of the Buchanan County Board of Supervisors 11049

15 ATTEST: Robert Craig Horn, County Administrator THIS DEED OF GIFT, made and entered into on this the 9 th day of February, 2015, by and between BRANDON LITTLE AND ALLIE NICHOLE LITTLE, husband and wife, MARK T. MATNEY AND JACQUELINE M. MATNEY, husband and wife; hereinafter sometimes referred to as GRANTOR, and BUCHANAN COUNTY, VIRGINIA, a Political Subdivision of the Commonwealth of Virginia, hereinafter sometimes referred to as GRANTEE. [Exempt from recordation taxes pursuant to Code (A) (3).] W I T N E S S E T H: WHEREAS, the Grantee wishes to maintain a road with turn around area which is a part of the public road in the Knox Magisterial District for the traveling public, named Justus Circle, County Road # 2457; and WHEREAS, the Grantors desire to give and donate and the Grantee desires to accept such property as set forth in this deed of conveyance to provide the right of way for a road with turnaround area which is part of the public road in the Knox Magisterial District for the traveling public, named Justus Circle, County Road # 2457 and NOW THEREFORE, for and in consideration of promoting the public interest by providing a road with turnaround area which is part of a public road known as Justus Circle, County Road # 2457 for use of the traveling public, the Grantors do hereby give, donate, grant and convey unto the Grantee, WITH GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE, all their right, title and interest in and to all of those certain tracts or parcels of land situate in the Knox Magisterial District, in Buchanan County, Virginia, and being a portion of the same property which were acquired by the Grantors as set out in the sources of title herein, and being more particularly bounded and described as follows: THEREFORE the existing road and turning area is described as follows: BEGINNING at a point of intersection in the centerline of Hope Road ( Sta ), thence leaving the said Hope Road and with centerline of the proposed Justus Circle Road, a curve to the left ( chord bearing S W ), thence S W 76.59, thence a curve to the left ( chord bearing S W ), thence S W 57.35, thence a curve to the right ( chord bearing S W ), thence S W ), thence a curve to the right ( chord bearing S W ), thence N W , thence a curve to the right ( chord bearing N W ), thence a curve to the left ( chord bearing N W ), thence N W 43.67, thence a curve to the right ( chord bearing N

16 W 49.44, thence N W 31.12, thence a curve to the left ( chord bearing N W ), thence N W to Sta and containing acres ( 18, sq. ft. ). BEGINNING at a point in the northerly right of way of the proposed Justus Circle Road ( said point being normal to and ten feet distant from centerline sta ), thence S W to a point in the southerly right of way of the proposed No-Name Road, thence with the said right of way a curve to the left ( chord bearing S W ) thence S E to a point in the right of way of state rte. 647, thence with the said right of way a curve to the right ( chord bearing N W ), thence leaving the said Rte. 647 right of way N W 24.89, thence N E 20.00, thence a curve to the left ( chord bearing S E ), thence S E to the beginning and containing 0.04 acres ( 1, sq. ft. ). Source and title for grantors: Brandon Little and Allie Nichole, husband and wife, acquired a portion of the land affected by this right-of-way deed by a deed conveyance recorded in instrument number in the Clerk s Office of the Circuit Court of Buchanan County, Virginia. For a more particular description of said conveyance reference is made to the recorded deed. Said land affected by this right-ofway deed is shown as parcels # 003C on Tax Map #2HH-043. Source and title for grantors: Mark T. Matney and Jacqueline M. Matney husband and wife, acquired a portion of the land affected by this right-of-way deed by a deed conveyance recorded in Deed Book 415, Page 74 in the Clerk s Office of the Circuit Court of Buchanan County, Virginia. For a more particular description of said conveyance reference is made to the recorded deed. Said land affected by this right-ofway deed is shown as parcels # 003A on Tax Map #2HH-043. Included in this deed of conveyance is the permanent right and easement to use such additional areas for cut and/or fill slopes as being required for the proper execution of the work to be performed. Said work shall include location and construction of, or other improvement to, a public road to be used and utilized by the general public at large for all public transportation purposes. Said permanent easement will be utilized for maintenance of cut and/or fill slopes created as a requirement for the proper execution of the work to be performed. Included in this deed of conveyance is the right and easement to construct, improve, relocate and maintain any creek, drain, drainage ditch or other drainage facilities that may exist on the lands of the Grantor or that may be needed or convenient for the proper and adequate drainage of the aforesaid road and surrounding property and/or location, construction, reconstruction or other improvement of a road within the property to be conveyed. AND FURTHER WITNESSETH: That the Grantor, for the consideration state above, also covenants and agrees, upon demand of any public utility company or 11051

17 corporation having its facilities in, over or across the lands herein conveyed, that they, the said Grantor, will give, grant and convey unto such public utility company or corporation an easement in, over and across the lands of the Grantor lying adjacent to the lands herein conveyed for the relocation, construction, operation and maintenance of said facilities. The Grantor covenants to and with the Grantee that they will warrant generally the title to the property hereby conveyed; that they have the right to convey same to the Grantee; that the Grantee shall have quiet possession of same, free from encumbrances, that Grantor has done no act to encumber same; and, that Grantor will execute such other and further assurances of title as may be requisite. There is hereby excepted and reserved from the operation of this conveyance such of the coal, oil, minerals, rights, privileges, etc., as may have been heretofore sold or excepted from said land by prior owners. Additionally, this conveyance is subject to all exceptions, limitations or conditions contained in any document which constitutes a muniment of title to the property being conveyed herein and that have been heretofore been recorded in the Clerk s Office of the Circuit Court of Buchanan County, Virginia. That on the 9 th day of February, 2015, the Buchanan County Board of Supervisors, at a duly held meeting of the Board, approved the acquisition of the property described herein and the Chairman of the Buchanan County Board of Supervisors and the County Administrator for Buchanan County by their execution of this Deed acknowledge that the Buchanan County Board of Supervisors has authorized this property acquisition. The execution of this Deed by Lawrence L. Moise III, County Attorney for Buchanan County, Virginia indicates his approval of the form of this Deed. CONSIDER ADOPTING A RESOLUTION TO ACCEPT THE DEED OF GIFT FOR RAY STACY ROAD EXTENSION LOCATED IN THE NORTH GRUNDY MAGISTERIAL DISTRICT BETWEEN TIMMY LEE STACY AND JANET ELAINE STACY, HUSBAND AND WIFE, TONY STACY AND DEBBIE STACY, HUSBAND AND WIFE, DENVER STILTNER AND TAMMY STILTNER, HUSBAND AND WIFE, DOUG COLEMAN AND TINA COLEMAN, HUSBAND AND WIFE TO BUCHANAN COUNTY, VIRGINIA 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 DEED ON BEHALF OF BUCHANAN COUNTY TO ACKNOWLEDGE ITS ACCEPTANCE OF SUCH PROPERTY WITH THE APPROVAL AS TO FORM BY THE COUNTY ATTORNEY After a general discussion by the board upon motion by J. Carroll Branham seconded by William P. Harris with a roll call vote of five (5) yeas, J. Carroll Branham, 11052

18 William P. Harris, Trey Adkins, G. Roger Rife, Harold H. Fuller, zero (0) nays, one (1) abstention, Craig Stiltner and one (1) absent, Earl Scott, with Craig Stiltner stating he was related to one of the property owners listed in this deed of gift, this board did hereby adopt the following Resolution to accept the Deed of Gift for Ray Stacy Road Extension located in the North Grundy Magisterial District between Timmy Lee Stacy and Janet Elaine Stacy, Husband and Wife, Tony Stacy and Debbie Stacy, Husband and Wife, Denver Stiltner and Tammy Stiltner, husband and wife, Doug Coleman and Tina Coleman, Husband and Wife to Buchanan County, Virginia 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 Deed on behalf of Buchanan County to acknowledge its acceptance of such property with the approval as to form by the County Attorney: RESOLUTION ACCEPTANCE OF DEED OF GIFT BY AND BETWEEN TIMMY LEE STACY AND JANET ELAINE STACY, HUSBAND AND WIFE, TONY STACY AND DEBBIE STACY, HUSBAND AND WIFE, DENVER STILTNER AND TAMMY STILTNER, HUSBAND AND WIFE, DOUG COLEMAN AND TINA COLEMAN, HUSBAND AND WIFE TO BUCHANAN COUNTY, VIRGINIA REGARDING RAY STACY ROAD LOCATED IN THE NORTH GRUNDY MAGISTERIAL DISTRICT, COUNTY ROAD NUMBER 2412 BE IT RESOLVED, by the Buchanan County Board of Supervisors that we approve acceptance of the property described in that Deed of Gift attached hereto between Timmy Lee Stacy and Janet Elaine Stacy, Husband and Wife, Tony Stacy and Debbie Stacy, Husband and Wife, Denver Stiltner and Tammy Stiltner, husband and wife, Doug Coleman and Tina Coleman, Husband and Wife to Buchanan County, Virginia and authorized the Chairman of the Buchanan County Board of Supervisors and Robert Craig Horn, County Administrator for Buchanan County, Virginia to execute such Deed on behalf of Buchanan County to acknowledge its acceptance of such property with the approval as to form by the County Attorney. This Resolution was adopted by the Buchanan County Board of Supervisors on this the 9 th day of February, 2015 by a roll call vote of five for and zero against. ATTEST: Trey Adkins, Chairman of the Buchanan County Board of Supervisors Robert Craig Horn, County Administrator 11053

19 THIS DEED OF GIFT, made and entered into on this the 9 th day of February, 2015, by and between TIMMY LEE STACY AND JANET ELAINE STACY, Husband and Wife, TONY STACY AND DEBBIE STACY, Husband and Wife, DENVER STILTNER AND TAMMY STILTNER, Husband and Wife, DOUG COLEMAN AND TINA COLEMAN, Husband and Wife, hereinafter sometimes referred to as GRANTOR, and BUCHANAN COUNTY, VIRGINIA, a Political Subdivision of the Commonwealth of Virginia, hereinafter sometimes referred to as GRANTEE. [Exempt from recordation taxes pursuant to Code (A) (3).] W I T N E S S E T H: WHEREAS, WHEREAS, the Grantee wishes to maintain an extension of a public road in the Knox Magisterial District for the traveling public, name Ray Stacy Road, County Road # 2412; and WHEREAS, the Grantors desire to give and donate and the Grantee desires to accept such property as set forth in this deed of conveyance to provide the right of way for a road with turn around area which is part of the public road in the Knox Magisterial District for the traveling public, named Ray Stacy Road, County Road # 2412 and NOW THEREFORE, for and in consideration of promoting the public interest by providing a road with turn around area which is part of a public road Ray Stacy Road, County Road # 2412 for use of the traveling public, the Grantors do hereby give, donate, grant and convey unto the Grantee, WITH GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE, all their right, title and interest in and to all of those certain tracts or parcels of land situate in the Knox Magisterial District, in Buchanan County, Virginia, and being a portion of the same property which were acquired by the Grantors as set out in the sources of title herein, and being more particularly bounded and described as follows: THEREFORE the existing road extension and turning area is described as follows: Beginning at a point in the centerline of Ray Stacy Road (sta ), thence with the centerline, a curve to the left (chord bearing S W ), thence S W 89.91, thence a curve to the right (chord bearing N W ) to the end at centerline sta and containing sq. ft. (0.094 acres). Turning Area Beginning at a point in the northerly right of way of Ray Stacy Road (said point being offset from and radial to centerline station ), thence N E 9.75, thence N E 11.53, thence S E 20.00, thence S W 11.53, thence S E to a point in the said northerly right of way (said point being offset from and radial to centerline station ), thence with the said right of way to the beginning and containing sq. ft. (0.006 acres). Source and title for grantors: Timmy Lee Stacy and Janet Elaine Stacy, husband and wife, acquired a parcel of land, a portion of which is affected by this right-of-way deed, by a deed conveyance recorded in Deed Book 504 Page 628 in the Clerk s Office 11054

20 of the Circuit Court of Buchanan County, Virginia. For a more particular description of said conveyance reference is made to the recorded deed. Said land affected by this rightof-way deed is shown as parcels # 059 on Tax Map #2HH-083 Source and title for grantors: Tony Stacy and Debbie Stacy, husband and wife, acquired a parcel of land, a portion of which is affected by this right-of-way deed, by a deed conveyance recorded in Deed Book 620 Page 528 in the Clerk s Office of the Circuit Court of Buchanan County, Virginia. For a more particular description of said conveyance reference is made to the recorded deed. Said land affected by this right-ofway deed is shown as parcels # 060A on Tax Map #2HH-083 Source and title for grantors: Denver Stiltner and Tammy Stiltner, husband and wife, acquired a parcel of land, a portion of which is affected by this right-of-way deed, by a deed conveyance recorded in Deed Book 538 Page 813 in the Clerk s Office of the Circuit Court of Buchanan County, Virginia. For a more particular description of said conveyance reference is made to the recorded deed. Said land affected by this right-ofway deed is shown as parcels # 060 on Tax Map #2HH-083 Source and title for grantors: Doug Coleman and Tina Coleman, husband and wife, acquired a parcel of land, a portion of which is affected by this right-of-way deed, by a deed conveyance recorded Deed Book 538 Page 813 in the Clerk s Office of the Circuit Court of Buchanan County, Virginia. For a more particular description of said conveyance reference is made to the recorded deed. Said land affected by this right-ofway deed is shown as parcels # 060 on Tax Map #2HH-083 Source and title for grantors: Timmy Lee Stacy and Janet Elaine Stacy, husband and wife, acquired a parcel of land, a portion of which is affected by this right-of-way deed, by a deed conveyance recorded in Deed Book 538 Page 813 in the Clerk s Office of the Circuit Court of Buchanan County, Virginia. For a more particular description of said conveyance reference is made to the recorded deed. Said land affected by this rightof-way deed is shown as parcels # 060 on Tax Map #2HH-083 Source and title for grantors: Tony Stacy and Debbie Stacy, husband and wife, acquired a parcel of land, a portion of which is affected by this right-of-way deed, by a deed conveyance recorded in Deed Book Deed Book 538 Page 813 in the Clerk s Office of the Circuit Court of Buchanan County, Virginia. For a more particular description of said conveyance reference is made to the recorded deed. Said land affected by this right-of-way deed is shown as parcels # 060 on Tax Map #2HH-083 Included in this deed of conveyance is the permanent right and easement to use such additional areas for cut and/or fill slopes as being required for the proper execution of the work to be performed. Said work shall include location and construction of, or other improvement to, a public road to be used and utilized by the general public at large for all public transportation purposes. Said permanent easement will be utilized for maintenance of cut and/or fill slopes created as a requirement for the proper execution of the work to be performed