The Wise County Board of Supervisors met in a Regular meeting on Thursday, June 10, 2010 at 6:00 p.m. in the Board of Supervisors meeting room located in the Wise County Courthouse. The following were present:
Honorable J. H. Rivers – Chairman
Honorable Dana Kilgore – Vice-Chair
Honorable Virginia Meador
Honorable Robert R. Adkins
Honorable Fred Luntsford
Honorable Robert E. Robbins, Jr.
Honorable Steve Bates
Honorable Ronald L. Shortt – members of said Board and
Shannon C. Scott – County Administrator
David L. Cox – Financial Administrator
Karen T. Mullins – Legal Administrator
Annette Underwood – Executive Secretary
Shannon Scott led in prayer.
All led in the pledge of allegiance to the flag.
IN RE: MINUTES
Chairman Rivers noted the following changes to the minutes:
A motion was made by Robby Robbins, seconded by Virginia Meador, to approve the minutes as amended. The motion was unanimously approved.
IN RE: AGENDA
Supervisor Robbins asked that the Resolution on Independent Evaluation of Renovation of Six High Schools be removed from the agenda.
Chairman Rivers asked that a joint meeting with the Board of Supervisors and the School Board be added to the agenda under new business.
A motion was made by Robby Robbins, seconded by Virginia Meador, to approve the agenda with changes as noted.
Ronnie Shortt made a substitute motion to move the following items to the July agenda and further that the July 8th meeting be moved to July 15:
Bob Adkins seconded the motion.
Supervisor Shortt explained that the reason for the delay on these items is because this is one of the biggest decisions in Wise County history. The County has been torn apart. He asked that everyone step back and revisit the issue because this issue has torn apart families, friendships, and neighbors. He asked that some way of compromise be reached and bring the County back together. The County is going down hill faster than people realize. Mr. Shortt stressed that in his heart he believes the worst thing that can be done to the kids is to move them out of their high schools into existing old buildings. This does not better the kids’ education by making this move. He feels that it is the Board’s duty as leaders to do every thing they possibly can to make this County a better place.
Supervisor Meador stated that the Board has been given an ultimatum to make a decision now.
Supervisor Shortt received a phone call at this point in the meeting that his father-in-law had wrecked on a riding mower and was badly hurt. He left the meeting at this time.
Chairman Rivers stated that since Supervisor Shortt had to leave un-expectantly due to this emergency, and since this is a major issue, he felt that the Board should not vote on this issue tonight and he would not want this Board to vote on this issue if he were not in attendance. He felt that the Debt Management Policy and school funding should be voted on with the full Board being present.
Supervisor Bates felt that a vote should be taken on Supervisor Shortt’s motion. There’s been enough talk. He called for the vote on the substitute motion.
Chairman Rivers made a motion that discussion continue on this item.
Supervisor Bates questioned the rule on continued discussion after a request has been made to call for a vote. He asked for the Attorney’s opinion
Attorney Mullins stated that the motion to continue discussion would need to be voted on and if passed, then discussion would continue, if it failed, there would be a vote on the substitute motion.
Chairman Rivers asked for a vote on over ruling his motion to continue discussion.
Aye- Virginia Meador Nay- Fred Luntsford
Steve Bates Robby Robbins
Bob Adkins J. H. Rivers
The vote on the substitute motion to table four items and to move the July 8 meeting to July 15 as stated by Supervisor Shortt is as follows:
Aye- Dana Kilgore Nay- Fred Luntsford
Steve Bates Virginia Meador
Bob Adkins J. H. Rivers
Chairman Rivers made a substitution motion to remove debt management policy and school funding and place those two items on the agenda for the recess meeting for June 17.
With several Board members being absent on that date, Chairman Rivers withdrew his motion.
A substitute motion was made by Dana Kilgore to table the debt management policy, the two resolutions and school funding until July 15 changing the regular meeting from July 8 to July 15. Bob Adkins seconded the motion.
With all Board members not being able to meet on that date, Dana Kilgore withdrew her motion and Bob Adkins withdrew his second.
Virginia Meador made a motion to recess this meeting until Friday, June 11, 2010 @ 6:00 p.m. Robby Robbins seconded the motion.
Supervisor Luntsford stated that the school issue has been and will continue to be a difficult situation to deal with until it has been brought to a conclusion. He made a statement regarding threats that have been made against him and his wife trying to tarnish his good name because of his stand on school consolidation.
Chairman Rivers asked Attorney Mullins if this meeting can be continued and only recess the items relating to the school issue?
Attorney Mullins explained that the Board would have to have the public hearing that has been scheduled for this date and other items could be continued to a recessed meeting.
Chairman Rivers asked that the joint meeting be moved to the recessed meeting as well as a friendly amendment.
Robby Robbins made a substitute motion to continue this meeting with all the approved agenda items with the exception of the five items that have been discussed which will be placed on the agenda for the recessed meeting. Bob Adkins seconded the motion. The motion was unanimously approved.
IN RE: PUBLIC HEARING –COUNTY BUDGET FY 2010/11
A public hearing was duly advertised for this date to receive citizens’ comments regarding the proposed County Budget FY 2010/11.
There being no one to speak, the public hearing was closed.
IN RE: PUBLIC EXPRESSION
The following individuals voiced their opposition to the school consolidation plan:
Bobby Tuck, Big Stone Gap Stacy Carson, Pound
Millie Tate, Big Stone Autumn Wells, Big Stone Gap
Mark Hutchinson, Appalachia John Hall, Big Stone Gap
Marlene Bush, Exeter Hannah Austin, Powell Valley
Angela Honeycutt, Andover David Gent, Pound
Sharon Still, St. Paul Elizabeth Jones, Big Stone Gap
Walter Crouse, Wise John Tull, Mayor Appalachia
Jerry Vanover, Pound Debbie Baca, St. Paul
Tabatha Peace, Powell Valley Anita Wilson, Big Stone Gap
Chuck Miller, Big Stone Gap Ben Boggs, Pound
Jim Scalf, Appalachia Detta Davis, Coeburn
Ted Tate, Big Stone Gap Sherrie Meade, Coeburn
Seth Powers, Coeburn Felecia Hall, Pound
Connor McCoy, Pound Jess Powers, Coeburn
John Schoolcraft, Big Stone Gap
The Board took a brief recess at 8:45 p.m.
The meeting reconvened at 9:05 p.m.
Steve Holly, representing the Brain Injury Services of Southwest Virginia, addressed the Board with an update on the services offered by Brain Injury Services of Southwest Virginia to the citizens of Wise County and the success that has been reaped by brain injury survivors.
Harold Greear, a resident of Pound, spoke regarding coal severance, school consolidation and questioned the accuracy of school financing.
Sharon Still and Kyle Fletcher, both from the St. Paul area, addressed the Board regarding measures that are being taken to make St. Paul grow and prosper.
Jay Swinney, a resident of Appalachia, told the Board that the rumor that Supervisor Luntsford would lose his job as town manager if he voted a certain way on the funding for the school was not true.
Christine Ponish, a resident of Wise, asked the Board to try and reach a compromise on the school consolidation that would be best for the kids.
Paul Elkins, a resident of Coeburn, voiced his support for the 3-on-1 school plan and the opportunities that would be available for the kids.
Betty Cornett, a resident of Big Stone Gap, spoke briefly regarding the Superintendent of Public Schools Contract.
Dr. Jeff Perry, Superintendent of Public Schools, publicly apologized to Chairman Rivers regarding the tone of the recent article that was published in the Times News regarding comments made between himself and Chairman Rivers on the consolidation issue.
There being no further comments, the public expression closed at 9:35 p.m.
IN RE: RESOLUTION PPTRA BUDGET
A motion was made by Robby Robbins, seconded by Bob Adkins, to approve the PPTRA resolution regarding changes in percentage of calculated tax relief. The motion was unanimously approved.
RESOLUTION # 2010
(Said resolution is on file in the County Administrator’s Office)
IN RE: APPOINTMENT – DEPUTY COORDINATORS FOR EOC
A motion was made by Dana Kilgore, seconded by Bob Adkins, to appoint the following additional Deputy Coordinators for EOC with a stipend of $100 per month as recommended by EOC Coordinator Jane Bennett:
Jessica Swinney – GIS
Arthur Sturgill – Maintenance Director
Cody Blankenbecler – Communications
Justin Tolbert – Hazmat Team/Wise Fire Dept.
Joe Kilgore – Retired Deputy
The motion was unanimously approved.
IN RE: APPOINTMENT – LANDFILL COMMITTEE
The following individuals were appointed by Chairman Rivers to serve on the Landfill Committee:
J. H. Rivers
IN RE: AGENDA / SPECIAL CALLED AND RECESSED MEETINGS
There was some discussion on whether or not public expression should be placed on the agenda for Special Called meetings or Recessed meetings.
After discussion a motion was made by Robby Robbins, seconded by J. H. Rivers, to allow public comment at any meetings held by the Board. J. H. Rivers seconded the motion.
Aye- Robby Robbins Nay- Virginia Meador
J. H. Rivers Steve Bates
IN RE: CHANNEL 19 PROGRAM POLICY
Board members commented on the proposed Channel 19 Program Policy noting that they did not need to micro-manage the policy for channel 19 but that it is an administrative matter.
Administrator Scott stated that he had not received any comments regarding changes or additions to the proposed policy from any Board member.
Since the Board agreed that this is an administrative matter, a motion was made by J. H. Rivers, seconded by Robby Robbins, to remove this item from the table. The motion was unanimously approved.
IN RE: EMERGENCY WATERSHED PROTECTION PLAN
A motion was made by Dana Kilgore, seconded by Virginia Meador, to approve the Emergency Watershed Protection Plan as presented. The motion was unanimously approved.
IN RE: AUDIT CONTRACT
A motion was made by Virginia Meador, seconded by Bob Adkins, to approve the three (3) year Audit Contract with Larry D. Sturgill, P.C. CPA as presented. The motion was unanimously approved.
IN RE: SEWER TRANSFER
Administrator Scott explained the planned transfer of operational duties and liabilities associated with such operational duties from the Board of Supervisors to the PSA for waste water responsibilities in Wise County. He noted that the information provided to them is to bring them up to date on communication between the Board of Supervisors, CNW and PSA as it addresses their responsibilities.
A motion was made by Robby Robbins, seconded by Fred Luntsford, to approve future sewer transfers to the PSA.
Attorney Mullins explained that these sewer transfers are in reference to the obligations that Wise County has under the contract noting that no action is needed on this item.
Supervisor Robbins withdrew his motion and Supervisor Luntsford withdrew his second.
IN RE: LEASE EXTENSION / INVESTIGATORS OFFICE SPACE
A motion was made by Bob Adkins, seconded by Robby Robbins, to renew the lease on the building being used by the Investigators for a period of six months. The motion was unanimously approved.
IN RE: BUDGET AMENDMENTS
A motion was made by Bob Adkins, seconded by Dana Kilgore, to approve budget amendments #25 - #30 as follows:
||DMV STOP Administrative Charges
||Local Health Dept Budget
||Board of Supervisors
||Automatic Data Processing
||Juvenile & Domestic Relations Court Services
||J&DR Court Service Office
||Pass Through Funds – PDI Mental Health
||Pass Through Funds – State Portion of CSA Funds
||Pass Through Funds – Grant Funds Fairgrounds/RAM Sewer
||Pass Through Funds – VCEDA Payments Coal Severance
The motion to approve the budget amendments was unanimously approved.
IN RE: APPOINTMENT – WISE COUNTY TOURISM COMMITTEE
A motion was made by Bob Adkins, seconded by Steve Bates, to place this appointment on the June 17 agenda. The motion was unanimously approved.
IN RE: APPOINTMENT - COMMUNITY POLICY AND MANAGEMENT BOARD
A motion was made by Fred Luntsford, seconded by Bob Adkins, to appoint Talitha Fowlkes to fill the unexpired term of Donna Boggs on the Community Policy & Management Board. The motion was unanimously approved.
IN RE: APPOINTMENT – BUILDING CODE & APPEALS BOARD
A motion was made by J. H. Rivers, seconded by Virginia Meador to re-appoint Dan McCoy to the Building Code & Appeals Board for a term of five (5) years. The motion was unanimously approved.
IN RE: LENOWISCO DISABILITY SERVICES BOARD
A motion was made by J. H. Rivers, seconded by Virginia Meador, to table the appointment to the LENOWISCO Disability Services Board until the July meeting. The motion was unanimously approved.
IN RE: RESOLUTION – VRS EMPLOYEE’S CONTRIBUTION
A motion was made by Dana Kilgore, seconded by Virginia Meador, to table the resolution on the VRS Employee’s Contribution until the June 17 meeting. The motion was unanimously approved.
IN RE: CLOSED SESSION
It was the consensus of the Board to table closed session until the June 17 meeting.
There were brief comments from Board members.
IN RE: RECESS
A motion was made by Robby Robbins, seconded by Dana Kilgore, to recess this meeting until June 11, 2010 at 5:00 p.m. The motion was unanimously approved.
ATTEST: WISE COUNTY BOARD OF SUPERVISORS
Shannon C. Scott, Clerk J. H. Rivers, Chairman