Board of Supervisors - September 4, 2008 Workshop Meeting

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The Wise County Board of Supervisors met in a Workshop meeting on Thursday, September 4, 2008 at 6:00 p.m. in the Board of Supervisors meeting room located in the Wise County courthouse.  The following were present:

Honorable Robert R. Adkins – Chairman
Honorable Virginia Meador – Vice-Chair
Honorable Fred Luntsford
Honorable Ronald L. Shortt
Honorable Steve Bates
Honorable Robert E. Robbins
Honorable Dana Kilgore
Honorable J. H. Rivers, members of said Board and
Shannon C. Scott – Interim County Administrator
Karen T. Mullins – County Attorney
Annette Underwood – Executive Secretary


Bob Adkins led in prayer.


All led in the pledge of allegiance to the flag.


The following items were reviewed for addition to the agenda:

Under Presentations Add

  • September 11:  Audit Report –Larry Sturgill

Under New Business Add

  • Approval of Audit
  • Wise County School Board request for category transfer


A public hearing was duly advertised for this date to receive citizens’ comments regarding a proposed ordinance regulating safety equipment for mopeds.

There being no public comments regarding the proposed ordinance, the public hearing was closed.


A public hearing was duly advertised for this date to receive citizens’ comments regarding a proposed amendment to the Administrative Fee For Delinquent Taxes #09-1987.

There being no public comments regarding this proposed amendment, the public hearing was closed.


A public hearing was duly advertised for this date to receive citizens’ comments regarding a revision to Wise County’s FY 2008-09 budget.

There being no one to speak regarding the revision, the public hearing was closed.


Walter Crouse, Chairman of the Keep Wise County Beautiful Committee, asked that more emphasis be placed on recycling which would mean less garbage in the landfill.  He also asked that our legislators be pushed to pass a bill for recycling glass.

Brian Mullins, Extension Agent for Dickenson County, addressed the Board on establishing a Bi-County Board for the Coalfield Agricultural Center located on the Wise/Dickenson County line.  This would be a nonprofit corporation governed by a Bi-County Board of Directors for operating and maintaining the Marketing Center.  The Bi-County Board of Directors would consist of eight (8) members, four (4) from Dickenson County and four (4) from Wise County.

The Board was given a budget for the Agricultural Center for a total of $140,370.00 that was reviewed by line item.  

Funding has been received from the Virginia Tobacco Commission and VCEDA for a portion of the initial phase of this project but additional funding is needed to complete the project.  The Dickenson County IDA will submit an application to the Virginia Tobacco Commission for up to $100,000 and will be designated as the grant recipient and will have full responsibility as fiscal agent. 

By being a Bi-County Board, the possibility of getting further funding from the Virginia Tobacco Commission would be enhanced.  A representative from the Tobacco Commission has visited the facility and recommended making this project as regional as possible and to re-submit an application for additional funding to perhaps build a classroom and some structures for the farmers market.  Mr. Mullins noted that there is a deadline for submitting this application and if this window is passed it will be another year before another application will be accepted.   
The benefit of the Center for local farmers was discussed as well as providing a facility for educational programs, community events and 4-H Programs.

The Dickenson County Board of Supervisors, Dickenson County IDA, and Dickenson County PSA has jointly contributed approximately $53,750.00 which was used for the acquisition of land, installation of water and sewer infrastructure and for fencing.

Mr. Mullins asked the Board to consider financial support of $49,334.00 to be used for additional estimated start-up expenditures.

Several members of the Cattle Association and the local beef cattle producers were present to support the center.  There are approximately 100 members in the Cattle Association from Wise, Dickenson, and Buchanan Counties.   

There was some discussion on the monthly payments for electricity and water.

Regarding liability, it was noted that Dickenson County has the facility on its insurance.

Supervisor Kilgore asked that the County Attorney review the resolution and advise the Board on any legal liability and further asked for an Operating Agreement.

Attorney Mullins stated that she has reviewed the resolution and after meeting with Freddie Mullins the Counsel for the Dickenson County IDA, it is her understanding that the only step needed at this point in time is to adopt the resolution.  Work will then begin on drafting a Corporate Non Profit Agreement that would be presented to the Board at the October meeting for consideration.  She also pointed out that it is her understanding that the intent is to make the facility self sufficient.

Supervisor Kilgore asked if there was a line item for this request without amending the budget.

Mr. Scott noted that this would require an amendment to the budget.

Tammy Dotson from District two addressed the Board supporting the concept of more recycling which will enhance tourism in our area.

Jerry Mullins, a member of the Cumberland Pine Mountain Trail Riders Association, addressed the Board regarding the trailhead parking near the Austin Cemetery.  This parking area would be of benefit to those visiting the cemetery, hikers, and the horse riders.  At the present time, there is no room for more than two trailers to be parked.  He asked the Board to consider taking the necessary steps in getting a Special Use Permit to grade and gravel approximately one half acre of Forest Service property to be used as a parking area.  

Supervisor Shortt stated that it was his understanding that the Trail Riders Association has agreed to move the timber, and clear the property according to the specification of the Forestry Service.  He noted that this would alleviate the safety hazard that has been created on the two lane road which has been the only place for the horse riders to park their trailers.  Also, this is a tourist attraction for this area and a recreational event that is enjoyed by many citizens.

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


Board members provided Residency Administrator T. G. Branson with needs in their district for VDOT review and response.


The following items were reviewed under the consent agenda:

  • Resolution-John Fox, Jr. 100th Anniversary
  • Resolution Honoring Southwest Virginia Museum 60th Anniversary
  • Bank Resolutions – Signatures of Authorization
  • Set public hearing (October 2, 2008 @ 6:00 p.m.) on a proposed Erosion & Sediment Control Ordinance


  • Resolution-Improved National Energy Policy
  • Authorization for Signatures- A Message for Congressman Boucher
  • Treasurer’s Request – New Position
  • Authorization for Preparation of CAFR
  • Resolution – Dickenson County/Wise County Agricultural Center
  • Resolution – Coalfield Expressway Alternative Route
  • Application for Trail Head near Austin Cemetery
  • Storage building and Recycling Facility
  • Pump and Haul for Storage building
  • Cumberlands Airport Commission Property
  • Budget Amendments #1 thru #6 for FY 08-09
  • Travel Policy Guidelines handout
  • Appointments – Supervisor Kilgore asked for guidelines on the appointments to the Redevelopment & Housing Authority
  • Closed Session (Personnel)


Attorney Mullins reported that she has reviewed the State Policy Guidelines as was requested and modified it to fit the County’s needs.  The County’s current Policy is very similar to the State Policy.  She asked that the modified guidelines be reviewed prior to next month’s meeting at which time a draft can be prepared with any changes for the October agenda.

Supervisor Rivers:  He did not notice a base point for the number of miles that an employee would travel before being reimbursed.

Attorney Mullins:  This is not addressed in the County’s current policy but it may be in the State Policy.

Supervisor Rivers asked the County Attorney to research Section 22.1-115 of the Code of Virginia which pertains to funding of schools by nine (9) categories.  This Board does not utilize all those categories in its resolution for the schools.  The language says the Board “shall” have nine categories as part of its resolution for the schools.  One of the categories not listed is technology.  The School Board has moved money or replaced items that were to be initially spent in technology.  The Board did not know how much was budgeted in technology.  The other category was Contingency Reserves.  He thought it important for the Board and the School Board to know the amount of money allocated for these two categories and whether or not the Board is incompliance with the Code of Virginia.

Attorney Mullins:  These sections have been reviewed previously during budget preparation.  However, she would review the Code Section and ascertain if there is any legislative intent to help with the implementation.

Supervisor Bates:  A study was made in the State of Virginia and most of the counties were using the six (6) categories.

Supervisor Rivers:  It was his understanding that these categories changed this year and at what point does the County need to implement this change.

Regarding the RFP for the landfill, Supervisor Rivers questioned the advertisement which did not mention reclamation.

Attorney Mullins:  She would review the advertisement and report back to the Board at next Thursday’s meeting.

Supervisor Meador asked if the Board can legally change one category to another as being asked by the School Board.

Attorney Mullins:  This cannot be done without the Board’s permission.


Administrator Scott reported that he spoke with Bud Phillips today and he confirmed that any legislative items need to be given to our legislators prior to November 15.  He briefed the Board on the recent meetings on the sewer and Website design.


Supervisor Robbins:  Support on Agriculture Center partnership

Supervisor Kilgore:  Talk with County Attorney, Administrator Scott, and auditor regarding the possibility of adopting a resolution on spending funds without amending the budget.  She asked if the request from Dickenson County is approved, will it require a budget amendment.

Administrator Scott:  If the Board adopts the proposed resolution, a budget amendment for said funding will be prepared for adoption also.

Supervisor Rivers:  Asked if someone is working on financial statements in getting the necessary paper work together for the auditor to begin the audit for ending June 2008.

Administrator Scott:  The books have been closed and that work has already begun.  He further stated that he has advised the auditor that he wanted the audit before the Board in December.

Supervisor Rivers:  Some revisions or improvements need to be made in the audit report such as redoing the Organizational Chart, hiring of additional administrative personnel, change job descriptions and redistribute duties.  He was concerned that the newspaper articles are saying that the Board has already made decisions on items that have not been approved by the Board.  He said that he was not inferring that this was a miss quote by the press but probably legitimate statements that have been made from the County.  As the County is looking at the Internal Controls, he suggested looking at a Public Information Officer; someone that can address the press and give correct factual information.

Supervisor Rivers questioned some of the invoices that were paid.

Administrator Scott noted that these are pass through funds for DEVELOP for which the County is Fiscal Agent.  There are no local funds involved.

Attorney Mullins noted that this is a Constitutional Officer account and the Board does not control or set policy on that.

Supervisor Rivers asked that the Website Design be put on the fast track.

Supervisor Meador was pleased with the Website Design meeting and the suggestions that were made to upgrade the site were very informational.  She asked that job descriptions be prepared prior to filling a position.

Supervisor Shortt voiced his support for the Dickenson County / Wise County Agriculture Center and the benefits it will bring to our citizens.  He also supported the Trail Head at Austin Cemetery.

Chairman Adkins was pleased with the anticipation of having a farmer’s market and a place for the 4-H club to meet as well as other community events.


There being no further business, the meeting adjourned at 7:30 p.m.

ATTEST:                                             WISE COUNTY BOARD OF SUPERVISORS


____________________________    ______________________________________
Shannon C. Scott, Clerk                  Robert R. Adkins, Chairman

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