Honorable Fred A. Luntsford - Chairman

Honorable Ronnie Shortt - Vice-Chairman

Honorable Steve Bates

Honorable Virginia Meador

Honorable John W. Peace, II

Honorable Leland Branham

Honorable Robert Robbins - members of said Board and

Glen A. Skinner - County Administrator

Shannon C. Scott - Assistant County Administrator

Karen T. Mullins - County Attorney

Annette Underwood - Executive Secretary

ABSENT

Honorable Robert R. Adkins

PRAYER

James Hokeman, Pastor of the Durham's Chapel Church, led the Board in prayer.

PLEDGE

All led in the pledge of allegiance to the flag.

MINUTES

A motion was made by Ronnie Shortt, seconded by seconded by Steve Bates, to approve the minutes of 1-05-06 Organization meeting, 1-05-06 Workshop meeting, and 1-12-06 Regular meeting as presented.

Virginia Meador stated that the minutes of the 1-05-06 Organizational meeting omitted the verbage "the current version" on the motion that was made regarding the adoption of the Roberts Rules of Order.

Mr. Shortt amended his motion to include the verbage "the current version"  of the Roberts Rules of Order that was a part of the minutes of the 1-05-06 Organizational Meeting.  Steve Bates seconded the motion.  The motion was unanimously approved.

IN RE:  AGENDA

The following items were reviewed as possible additions to the agenda:

ADD TO CONSENT AGENDA:

Budget amendments (NO. 67 thru NO. 71)

Set public hearing (6:00 p.m. March 2) on a request from Ella Jane Mullins to rezone property near Wise County Christian School

Set public hearing (6:00 p.m. March 2) on a request from Emily Edmondson for rezoning of property on Coeburn Mountain

Set public hearing (6:00 p.m. March 2) on the proposed Wise County Five (5) Year CIP for FY 2007-2011

ADD TO NEW BUSINESS:

Virginia Commission for the Arts request for funding

Closed session -2.2-3711(A)(6) &(7)

A motion was made by Leland Branham, seconded by John Peace, to approve the agenda as presented to include the additions as stated above.  The motion was unanimously approved.

IN RE:  PUBLIC EXPRESSION

Cathy Dotson, representing the Appalachian Children's Theatre, asked that the Appalachian Children's Theatre be a participant in grant funding from the Virginia Commission for the Arts.

Ms. Dotson gave a brief overview of the goals for the ACT.

Bill Green, a resident living near the coal operations in the Stephens area, addressed the Board concerning the coal dust and the environmental problems that exist in Stephens.  He asked that these problems be addressed in some way, through someone, since the health of the residents living in that area is at stake.  Mr. Green also voiced his support for a regional sewer system that would improve the quality of life for many citizens of Wise County and would promote economic growth.

Cathy Selvage, a resident of the Stephens area, reiterated Mr. Green's concerns regarding the coal dust.  She also commented on the blasting that takes place in the Stephens area with no advance warning being given to the residents, which is causing damage to their homes not to mention the safety of the residents.

Charlene Green, a resident of the Stephen's area, stated that a deep mine is being opened up within 700 feet of her home and is anticipated to be in operation for approximately ten years.  The constant flow of coal trucks, the coal dust and other environmental issues brought on by the coal operations should not be allowed in a residential setting.  Mrs. Green asked that some type of legislation be introduced to stop such operations as this.  She spoke briefly on the junkyard that has been created near her home by Guyan Machinery.

Administrator Skinner advised that the junkyard is being looked into for some possible solution for removal.

James Hokeman, Pastor of the Durham's Chapel Church, thanked the Board for allowing Durham's Chapel to purchase the property adjacent to the church, which will allow the construction of a new church.

There being no further public comments, the public expression period was closed.

 IN RE:  ROADS AND HIGHWAYS

Jackie Christian, representing VDOT, briefed the Board on construction throughout the County.

Board members provided needs in their districts for VDOT review.

IN RE:  RESOLUTION - WATCH FOR CHILDREN SIGNS

A motion was made by Fred Luntsford, seconded by Ronnie Shortt, to approve the resolution requesting the Transportation Commissioner and the Virginia Department of Transportation Resident Engineer to install and maintain signs alerting motorists that children may be at play on Boggs Avenue.  The motion was unanimously approved.

RESOLUTION #             2006

(Said resolution is on file in the County Administrator's Office)

IN RE:  ABANDON A SECTION OF RT. 686

It was noted that VDOT received a request from Penn Virginia Resource Partners, L. P. for the abandonment of a section of Route 686 near Derby.  This section of road is on Penn Virginia property and only serves one other property, one of their lessees.

VDOT does not have any objections to the proposed abandonment as long as the other property owner agrees and the coal company constructs a turnaround to facilitate the turning of vehicles such as VDOT's maintenance trucks, etc.  This abandonment will involve approximately 800 feet of roadway. 

A motion was made by Ronnie Shortt, seconded by John Peace, to authorize the County Administrator to submit a formal notice to Acting Commissioner Gregory A. Whirley of the County's intent to abandon this section of road, and to further post a notice of intent or "willingness" for said abandonment.  The motion was unanimously approved.

IN RE:  CONSENT AGENDA

A motion was made by John Peace, seconded by Robby Robbins, to approve the consent agenda as follows:

IN RE:  SET PUBLIC HEARINGS

(1) Set public hearing (6:00 p.m. March 2) on a request from Garnard C. Kincer for a Special Use Permit for the purpose of erecting a radio tower and transmitter on Buck Knob.

(2) Set public hearing (6:00 p.m. March 2) on a request from Wise County IDA for rezoning of property in Virginia City from an A-RR District to a M-2 Heavy Industrial District.

(3) Set public hearing (6:00 p.m. March 2) on the proposed naming of bridge honoring Oscar F. Poole

(4) Set public hearing (6:00 p.m. March 2) on a request from Ella Jane Mullins to rezone approximately 17 acres adjacent to the Wise County Christian School for the purpose of selling for commercial use

(5) Set public hearing (6:00 p.m. March 2) on a request from Emily Edmondson for conditional Zoning on property located at 9506 Coeburn Mtn. Road

(6) Set public hearing (6:00 p.m. March 2) on the proposed Five (5) Year Capital Improvement Plan (CIP) for FY 2007-2011

IN RE:  BUDGET AMENDMENTS

No. 58:  Source of Revenue - Prior years fund balance - $1,800.00
               (2202) Commonwealth Attorney
                            (505203) Telecommunications - $1,800.00

No. 59:  Source of Revenue - Donation - $500.00
               (1101) Board of Supervisors
                            (505506) Travel - $500.00

No. 60:  Source of Revenue - Prior years fund balance - $8,600.00
               (4302) Courthouse
                            (503005) Maintenance Services Contracts - $8,600.00

No. 61:  Source of Revenue - Grant-VA Dept of Fire Programs - $4,000.00
               (3503) Emergency Services
                            (505810) Grant Expenses - $4,000.00

No. 62:  Source of Revenue - Prior years fund balance - $50.00
               (8100) Economic Development
                            (505801) Dues & Associations Membership - $50.00

No. 63:  Source of Revenue - Prior years fund balance - $170.00
               (2109) Magistrate
                            (507001) Machinery & equipment - $170.00

No. 64:  Source of Revenue - Prior years fund balance - $2,800.00
               (3505) Emergency Services
                           (505203) Telecommunications - $2,500.00
                           (505401) Office supplies - $300.00

No. 65:  Source of Revenue - Prior years fund balance - $1,500.00
               (1201) County Administrator
                            (505506) Travel - $1,500.00

No. 66:  Source of Revenue - Prior years fund balance - $11,020.00
               (5301) Welfare Administration
                            (505611) Comprehensive Services Act - $11,020.00

No. 67:  Source of Revenue - VA State Dept of Emergency Management - $14,418.00
               (3102) Sheriff Law Enforcement
                            (501002) Salaries & Wages -Overtime-$14,418.00

No. 68:  Source of Revenue - Prior years fund balance -$3,701.92
               (3505) Emergency Services
                            (505413) Other operating supplies - $3,701.92

No. 69:  Source of Revenue - VA State Compensation Board - $2,821.17
               (3102) Sheriff-Law Enforcement
                            (50409) Police supplies - $2,821.17

No. 70:  Source of Revenue - Prior years fund balance - $2,500.00
               (1101) Board of Supervisors
                            (505506) Travel - $2,500.00

No. 71:  Source of Revenue - VA State Compensation Board $3,480.00
               (1213) Treasurer's Office
                            (507001) Machinery & Equipment - $3,480.00

The motion to approve the consent agenda was unanimously approved.

IN RE: SURPLUS PROPERTY DEED

A motion was made by John Peace, seconded by Robby Robbins, to accept the deed conveying the surplus school property in the Crackers Neck section of Wise County to the Wise County Board of Supervisors.  The motion was unanimously approved.

IN RE: DISPOSITION OF SURPLUS PROPERTY - CRACKERS NECK

A public hearing was held on February 2 to receive citizens' input regarding the sale and disposition of County property located in the Crackers Neck section of Wise County adjacent to the property currently owned by Durham's Chapel Church.

There was no opposition to the proposed sale and disposition of the County property.

A motion was made by John Peace, seconded by Virginia Meador, to approve the sell of the County property adjacent to the Durham's Chapel Church for an agreed upon price.  The motion was unanimously approved.

IN RE:  E-911 ROAD NAMES

A public hearing was held on February 2 to receive citizens' input regarding fourteen (14) proposed E-911 road names additions.

There was no opposition to the proposed names.

A motion was made by Steve Bates, seconded by Leland Branham, to approve the fourteen E-911 road name additions as presented.  The motion was unanimously approved.

(Said names on file in the County Administrator's Office)

IN RE:  REZONING - JAMES SMITH

A public hearing was held on February 2 to receive input from citizens regarding a request from James Smith for rezoning of property on Morrison Road located in Esserville.

There was no public opposition to the proposed rezoning.

A motion was made by Ronnie Shortt, seconded by Steve Bates, to approve the request from James Smith to rezone property on Morrison Road located in Esserville.  The motion was unanimously approved.

IN RE:  REZONING / SPECIAL USE PERMIT /BELDON FLEMING

A public hearing was held on February 2 to receive citizens' input regarding a request from Deborah & Beldon Fleming to rezone property located at 6148 Guest River Road and for a Special Use Permit for same property for the purpose of expanding their mobile home park (Robinette Mobile Home Park).

There was no public opposition to the proposed rezoning or Special Use Permit.

A motion was made by Ronnie Shortt, seconded by Steve Bates, to approve the request from Deborah & Beldon Fleming to rezone property located at 6148 Guest River Road and for a Special Use Permit for same property.  The motion was unanimously approved.

IN RE:  ORDINANCE - MANDATORY SEWER CONNECTION

A public hearing was held on February 2 to receive citizens' input regarding a proposed ordinance on Mandatory Sewer Connections for Wise County.  There was both support and opposition regarding the proposed ordinance.

Chairman Luntsford stated that due to the opposition to the terminology regarding the "nonuser fee", the ordinance will be revisited and the verbage will possibly be changed and sent to the funding agency in Richmond to ascertain whether or not it will meet the state's funding requirements without the clause "nonuser fee".  The proposed ordinance will then be brought back to the Board for consideration.

IN RE:  COMMUNITY POLICY & MANAGEMENT BOARD

A motion was made by Robby Robbins, seconded by Virginia Meador, to approve the request from the Community Policy & Management Board for a supplemental allocation of $11,020.00 for the remainder of FY 2005-2006 for Comprehensive Services for At-RiskYouth and Families.  The motion was unanimously approved.

IN RE:  APPOINTMENT -PLANNING DISTRICT ONE COMMUNITY SERVICES BOARD

Ronnie Shortt nominated Robby Robbins to the Planning District One Community Services Board.

There being no further nominations, Robby Robbins was appointed by acclamation.

IN RE: APPOINTMENT INDUSTRIAL DEVELOPMENT AUTHORITY

Leland Branham made a motion to appoint Danny Buchanan to fill the unexpired term of Monroe Robinette on the Industrial Development Authority.  Robby Robbins seconded the motion. The motion was unanimously approved.

IN RE:  JAIL REUSE ANALYSIS

John Peace made a motion to authorize the County Administrator to start the PPEA process for the jail reuse analysis.  The motion was unanimously approved.

Chairman Luntsford stated that under the PPEA the government can request proposals for design and construction services from partnerships that offer both services in a single package.  The idea is to simplify the process, save time and hopefully money.

IN RE:  CLOSED SESSION

A motion was made by John Peace, seconded by Ronnie Shortt, to go into closed session regarding the investing of public funds where competition or bargaining is involved as per section 2.2-3711(A)(6) of the Code of Virginia and for consultation with legal counsel regarding County property as per section 2.2-3711(A)(7) of the Code of Virginia.  The motion was unanimously approved.

After a lengthy closed session, a motion was made by John Peace, seconded by Ronnie Shortt, to reconvene the regular meeting.  The motion was unanimously approved.

IN RE:  RESOLUTION - CLOSED SESSION

Supervisor Robbins read the certification for closed meeting.

A motion was made by John Peace, seconded by Leland Branham, to approve the resolution verifying matters discussed while in closed session.  The motion was unanimously approved by roll call vote.

RESOLUTION #                   2006

(Said resolution is on file in the County Administrator's Office)

IN RE:  HEALTH DEPARTMENT ADDITION

Supervisor Peace stated that the Wise County Board of Supervisors, after meeting with counsel and after review of circumstances and time constraints surrounding the Health Department construction project, determines that there is only one source practically available for the services necessary within the binding constraints and limitations incumbent upon the project for constructing the EOC storage and classroom addition, and further the Board of Supervisors has determined that in affect an emergency does exists requiring that a contract award be made without formal competitive sealed bids or competitive negotiations.

John Peace made a motion to authorize the County Administrator to initiate and enter into the best available contract for the above-mentioned work at the Health Department building not to exceed the available funding.  Ronnie Shortt seconded the motion.  The motion was unanimously approved.

IN RE:  SURPLUS PROPERTY DISPOSITION

John Peace made a motion to authorize the County Administrator to sell surplus property to Durham's' Chapel Church at an agreed upon price.  Virginia Meador seconded the motion.  The motion was unanimously approved.

IN RE:  VIRGINIA COMMISSION FOR THE ARTS FUNDING

Administrator Skinner explained the formula that has been used to distribute among several organizations the $5,000.00 grant funding that is received from the Virginia Commission for the Arts each year.  The organizations are as follows:

Pro-Art Association

Appalachia Cultural Arts Council

Library Art Gallery

Lonesome Pine Arts & Crafts

Appalachian Children's Theatre

Under the Local Government Challenge Grant, the Virginia Commission for the Arts will match the County's contribution up to $5,000.00.  The deadline to apply for this grant is April 1.  If the County has not formally approved its budget by that date, the County may make a commitment and confirm the funding by July 1.

There was some discussion regarding the organizations that were sharing in this grant.

After further discussion, Leland Branham made a motion to commit $5,000.00 from the FY 2006-07 budget that will be matched by the Virginia Commission for the Arts to be distributed among the five organizations as stated.  John Peace seconded the motion.  The motion was unanimously approved.

IN RE:  ADMINISTRATOR'S REPORT

Administrator Skinner stated that each member of the Board has received a copy of the Wise County Capital Improvements Plan (CIP) for FY 2007-2011.  He suggested having a workshop meeting to review and discuss the Plan.

A motion was made by John Peace, seconded by Leland Branham, to hold a workshop meeting on March 2, 2006 at 4:00 p.m. to review the CIP.

After discussion, Supervisor Peace withdrew his motion, and Supervisor Branham withdrew his second.

After further discussion, it was the consensus of the Board that it would be best to continue this meeting to March 2 at 4:00 p.m. to review the proposed CIP.

Administrator Skinner stated that Jane Bennett will be assisting the County on a part-time basis as the Emergency Services Assistant Coordinator.  With Ms. Bennett's background in emergency services, she will be an asset to the County in its emergency operations and updating the backlog of work that has accumulated over time.

Supervisor Peace asked that Ms. Bennett provide a short summary on the Big Stone Gap water shortage.

BOARD COMMENTS

Comments were received from Board members.

During Board comments, the following requests were made:

(1) A representative from the various boards, commissions, and authorities make a semi-annual report at the Workshop meetings

(2) Status report on the "WiFi"

(3) Status report on the Economic Development Director position

(4) Consider placing Board comments at the beginning of the meeting rather than the end, which would allow more time for Board members to speak.

(5) Change the Workshop meeting place for April to the Slemp building at UVA-Wise

IN RE:  CONTINUE MEETING

There being no further business, a motion was made by John Peace, seconded by Ronnie Shortt, to continue this meeting until March 2, 2006 @ 4:00 p.m.  The motion was unanimously approved.

ATTEST:                                 WISE COUNTY BOARD OF SUPERVISORS

______________________            ___________________________

Glen A. Skinner, Clerk                         Fred A. Luntsford, Chairman

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