Board of Supervisors - June 29, 2011 Recessed Meeting

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The Wise County Board of Supervisors met in a Recessed Meeting on Wednesday, June 29, 2011 at 6:30 PM in the Board of Supervisors meeting room located in the Wise County Courthouse.  The following members were present:

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


A public hearing was duly advertised for this date to receive citizens’ comments regarding two (2) proposed redistricting plans for Wise County. 

The following individuals voiced their support for J. H. Rivers Plan:

Ted Tate, a resident of East Stone Gap
Hugh O’Donnell, a reside of St. Paul
Harold Greear, resident of Pound

There being no further comments, the public hearing was closed.


J. H. Rivers made a motion to approve the four (4) district plan as presented.  Virginia Meador seconded the motion.

Supervisor Shortt reviewed his three (3) district plan with one supervisor at-large.  He noted all the advantages of his plan, which met all the requests from the citizens.  He feels his plan is the best for Wise County.

Supervisor Bates voiced his support for Supervisor Shortt’s Plan because there are many advantages of having a tie breaker and the plan fulfills the desires of the people.

Supervisor Robbins stated that the towns do need to be put back together, and there is a need for four (4) districts.  He does not agree with a member at-large because of the expense.  He was in favor of the plan that was presented earlier but favored neither of these plans.

Aye-    J. H. Rivers                  Steve Bates                  Abstain:  Robby Robbins
            Virginia Meador           Ronnie Shortt
            Dana Kilgore               Fred Luntsford
            Bob Adkins

There was a question as to how the abstinent vote would affect the ayes and nays.

When asked if he had a conflict with the redistricting plan that was being considered, Supervisors Robbins said he had no conflict but did not like either plan.

Being unsure about the answer to this question, Attorney Mullins asked that a brief recess be taken to allow her time to research clarification on Supervisor Robbins abstention.


A recess was taken at 6:45 PM

The meeting reconvened at 6:50 PM

Attorney Mullins explained that Supervisor had the option to abstain if he chose to do that.  However, an abstinent would fall with the prevailing side.


David Dawson, representing Thompson & Litton, Inc., explained that Virginia’s Local and Regional Water Supply Planning Regulation (0 VAC 25-780) was established in November 2005.

The Regional Water Plan is for the establishment of local, regional, and state water supply plans in order to ensure that adequate drinking water is available to Virginia residents, and to promote appropriate use of Virginia’s water resources.

The Regulation requires all counties, cities, and towns in Virginia to submit a local water supply plan or participate in a regional water supply plan.  The counties, towns, and city within the LENOWISCO Planning District are participating in the Southwest Virginia Regional Water Supply Plan.  The Regulation requires each county, city, and town to submit a water supply plan or participate in a regional plan even if the town or county does not provide water service to its residents.  The most efficient way to implement and enforce drought response and contingency plans is for each county or town to adopt a Drought Ordinance.  The draft Drought Ordinance references specifics in the Regional Water Supply Plan.

The towns that do not own a water system, their drought responses are based on the monitored parameters of the water system that serves within the town.  Water service in Wise County is provided by the Wise County PSA.

The Wise County PSA does not have the authority to adopt an ordinance enforcing the Water Supply Plan’s drought response provisions.  In order to meet the enforcement provisions for drought response required by the Water Supply Planning Regulation, Wise County is encouraged to adopt a Drought Ordinance.  The County could include in its Drought Ordinance a designation of the Executive Director of the PSA to monitor the drought response parameters and notify the County Administrator when drought watch, warning, or emergency conditions should be declared.  For clarity and continuity, the Wise County PSA could adopt the County’s Drought Ordinance as the Wise County PSA Drought Policy.

The Town of Appalachia, Town of Big Stone Gap, Town of Wise, and the City of Norton have in place a Drought Ordinance.

After discussion, a motion was made by J. H. Rivers, seconded by Bob Adkins, to set a public hearing on July 14, 2011 at 6:00 PM to receive citizens input regarding the proposed Cumberland Plateau/LENOWISCO/Mount Rogers Regional Water Supply Plan, and on the proposed related Drought Ordinance with the modification that this plan be limited to PSA water and to have coordination with the Director of PSA.  The motion was unanimously approved.

Attorney Mullins noted that she would coordinate these changes with LENOWISCO and DEQ.  If there are any concerns with these changes, she would advise the Board accordingly.  


A motion was made by J. H. Rivers, seconded by Bob Adkins, to go into closed session  to discuss the investing of public funds as permitted by Section 2.2-3711(A)(6) of the Code of Virginia.

Attorney Mullins noted that the Board needs to make a second motion, before going into closed session, to convert the Redistricting Plan boundaries and precincts that were adopted by the Board into the written ordinance.

Supervisor Rivers withdrew his motion to go into closed session and Supervisor Adkins withdrew his second.


A motion was made by J. H. Rivers, seconded by Bob Adkins, to approve the written Redistricting Ordinance converting the boundaries and precincts per the four (4) district Redistricting Plan as adopted by the Board tonight.

Supervisor Shortt asked that it be noted that this is a classic example of pure politics here tonight and not doing the right thing.

Chairman Kilgore stated that one could say that it is an example of politics doing the correct thing.

Aye-    J. H. Rivers                  Nay-    Fred Luntsford             Abstain – Robby Robbins
            Virginia Meador                       Ronnie Shortt
            Bob Adkins                             Steve Bates
            Dana Kilgore

Motion Carried.


A motion was made by Bob Adkins, seconded by J. H. Rivers, to go into closed session to discuss the following topics as permitted by the Code of Virginia:

  • Section 2.2-3711(A)(6) Investing of public funds

  • Section 2.2-3711(A)(1) Personnel

The motion was unanimously approved.

It was noted that Wayne Watts and Bill Skeen was asked to remain in the first portion of closed session.

After a lengthy closed session, a motion was made by Robby Robbins, seconded by Virginia Meador, to reconvene the meeting.  The motion was unanimously approved.


A motion was made by Bob Adkins, seconded by Robby Robbins, to approve the resolution verifying matters discussed while in closed session.  The motion was unanimously approved by roll call vote.

RESOLUTION #                      2011

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


A motion was made by Robby Robbins, seconded by Fred Luntsford, to adopt the amendments, as discussed, to the resolution adopted on June 9, 2011 requesting additional purchased capacity from CNW Authority.  The motion was unanimously approved
RESOLUTION #                             2011

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


A motion was made by Bob Adkins, seconded by Robby Robbins, to adjourn the meeting at 9:25 PM.  The motion was unanimously approved.

ATTEST:                                             WISE COUNTY BOARD OF SUPERVISORS


_______________________________          ______________________________________
Shannon C. Scott, Clerk                                   Dana Kilgore, Chairman

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