Board of Supervisors - January 13, 2005 Regular Meeting

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The Wise County Board of Supervisors met in a Regular Board meeting on Thursday, January 13, 2005 at 6:00 p.m. in the Board of Supervisors meeting room located in the Wise County courthouse.  The following were present:

Honorable Fred Luntsford - Chairman

Honorable Ronnie Shortt - Vice-Chairman

Honorable Robert R. Adkins

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

 

PRAYER

Rev. Randolph "Ronnie" Mutter, Pastor Trinity United Methodist Church of Big Stone Gap led the Board in prayer.

 

PLEDGE

All led in the pledge of allegiance to the flag.

 

MINUTES

A motion was made by Bob Adkins, seconded by John Peace, to approve the minutes as presented.  The motion was unanimously approved.

 

IN RE:  ADDITIONS TO THE AGENDA

The following item was added to the consent agenda:

1)  Set public hearing (6:00 p.m. February 3) on a request from Joyce Powers for a boundary adjustment (rezone) 0.838 acre of property from an A-RR District to a B-2 District located behind the State Farm Office on Indian Creek for the purpose of relocating their health food store (Generations Natural Remedies) and to provide massage therapy with plans to expand to become a natural healing center.

A motion was made by Ronnie Shortt, seconded by John Peace, to approve the agenda with the addition as stated.  The motion was unanimously approved.

 

IN RE:  AUDIT REPORT

Larry Sturgill presented an overview of the County's audit ending June 30, 2004 with a "clean opinion". He stated that the County is in good financial condition at this time but the landfill deserves extra attention.

 

IN RE:  AUDIT APPROVAL

A motion was made by Steve Bates, seconded by Bob Adkins, to approve the County audit ending June 30, 2004 as presented.  The motion was unanimously approved.

 

IN RE:  PUBLIC EXPRESSION

Muiread Craft informed the Board that she had met last Tuesday with Supervisor Robbins and Supervisor Branham to discuss setting up a public meeting to educate the citizens on the Implementation Plan.  That meeting has been set for February 21st at 6:30 p.m. at the Tacoma Community Center.  She stated that the Board could table the resolution of support until its March meeting, which would be after the public meeting.

Ms. Craft reviewed the mechanics of the TMDL Implementation Plan and the need for approval of all those involved.  The resolution of support does not put any responsibilities on the County.  The Plan itself has provided for a position that would be in the Building and Zoning Office.  The money received from this Plan would be given to the County to pay for this position.  To further clarify the Plan, Ms. Craft stated that nothing in the Plan telling landowners or business owners what to do with their property.  All Programs are voluntary.

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

 

IN RE:  ROADS AND HIGHWAYS

Highway Resident Engineer T. G. Branson provided an update of construction throughout the County.

Board members voiced their appreciation to Mr. Branson for responding to their requests so quickly.

Some Board members provided needs in their district.

 

IN RE:  CONSENT AGENDA

A motion was made by Bob Adkins, seconded by Leland Branham, to approve the consent agenda as follows:

 

IN RE: TRANSFER STATION/PUBLIC HEARING

Set a public hearing (6:00 p.m. on February 3) on the proposed solid waste transfer station to be located at 4711 Blackwood Industrial Park Road, Norton, VA near the existing Blackwood landfill

 

IN RE:  REZONING (BOUNDARY ADJUSTMENT) HEALTH FOOD STORE/PUBLIC HEARING

Set a public hearing (6:00 p.m. on February 3) on the request from Joyce Powers for a boundary adjustment (rezone) 0.838 acre of property from an A-RR District to a B-2 District located behind the State Farm Office on Indian Creek for the purpose of relocating their health food store (Generations Natural Remedies) and to provide massage therapy with plans to expand to become a natural healing center.

 

IN RE:  E-911 NAME ADDITIONS / PUBLIC HEARING

Set a public hearing (6:00 p.m. on February 3) on 49 proposed E-911 road name additions.

 

IN RE:  RESOLUTION / AMANDA KISER HARRIS

The resolution commending Amanda Kiser Harris for her services to Wise County was approved.

RESOLUTION #         2005

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

 

IN RE:  PROCLAMATION / KENNY L. ROBINSON

The proclamation honoring Kenny L. Robinson for his services to Wise County was approved.

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

 

IN RE:  RESOLUTION/ VIRGINIA INFORMATION TECHNOLOGY AGENCY (VITA)

The resolution of support for the Virginia Information Technology Agency (VITA) / PPEA Proposal was approved.

RESOLUTION #         2005

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

 

IN RE:  APPROPRIATIONS / THIRD QUARTER

The third quarter appropriations were approved.

 

IN RE:  REFUND REQUEST

The real estate refund for Interstate Railroad Company in the amount of $4,117.25 for being over assessed was approved.

 

IN RE:  BUDGET AMENDMENTS

No. 17:  Increase revenue (State Fire Programs money) $17,201.00 and increase Volunteer Fire Department - State Fire Program Pass-Thru $17,201.00

No. 18:  Increase revenues Commission for the Arts (Grant $5,000) Add $5,000 to Community Organizations - Discretionary Fund

No. 19:  Increase revenues (DCJS grant $49,440) Increase expenses for Circuit Court Clerk/Develop Office $49,440

IN RE:  TRANSFER FROM RESERVE FOR EMERGENCY / CONTINGENCY

1)  $340.00 to Geographic Information Systems - Education and Recreation

2)  $340.00 to building and zoning - Education and Recreation

 

IN RE:  ORDINANCE FIRE DEPARTMENT OPERATIONAL / LIABILITY

A public hearing was held on January 6 to receive citizens' comments regarding a proposed ordinance regarding Fire Department Operational / Liability.  There was no opposition to the proposed ordinance.

A motion was made by Ronnie Shortt, seconded by Virginia Meador, to approve the Fire Department Operational / Liability Ordinance as presented.  The motion was unanimously approved.

ORDINANCE #            2005

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

 

IN RE:  ORDINANCE REPEALING ASSESSMENT OF LOCAL LICENSE TAX FOR BUILDING CONTRACTORS

A public hearing was held on January 6 to receive citizens' comments on a proposed ordinance Repealing Assessment of Local License Tax for Building Contractors.  There was no opposition to the proposed ordinance.

A motion was made by Ronnie Shortt, seconded by Leland Branham, to approve the Ordinance Repealing Assessment of Local License Tax for Building Contractors.  The motion was unanimously approved.

ORDINANCE #                 2005

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

 

IN RE:  ST. PAUL BOUNDARY ADJUSTMENT

A public hearing was held on January 6 on the proposed Boundary Adjustment Agreement between the County of Wise and the Town of St. Paul.  There was no opposition to the proposed boundary adjustment.

A motion was made by Robby Robbins, seconded by Leland Branham, to approve the Boundary Adjustment Agreement between the County of Wise and the Town of St. Paul as presented.  The motion was unanimously approved.

 

IN RE:  CONDITIONAL ZONING / EMILY EDMONDSON

A motion was made by Steve Bates, seconded by Bob Adkins, to table, until the March meeting for further information, the request to set a public hearing for Conditional Rezoning on property located at 9506 Coeburn Mountain Road from an R-1 District to a R-2 District for the purpose of changing the use of the property from a manufactured home park to a condominium development.  The motion was unanimously approved.

 

IN RE:  RESOLUTION OF SUPPORT / IMPLEMENTATION PLAN

A motion was made by Leland Branham, seconded by Robby Robbins, to table the proposed Resolution of Support for Guest River Total Maximum Daily Load (TMDL) Implementation Plan until the March meeting to allow more time for citizens to be educated on the Plan.  The motion was unanimously approved.

 

IN RE:  CHANGE OF MEETING PLACE

A motion was made by Ronnie Shortt, seconded by Bob Adkins, to hold the February Workshop meeting on the 5th floor of UVA-Wise Slemp Student Center.  The motion was unanimously approved.

 

IN RE: CHANGE OF PLACE FOR FEBRUARY PUBLIC HEARINGS

A motion was made by John Peace, seconded by Leland Branham, to hold the public hearings set for February 3 on the 5th floor of UVA-Wise Slemp Student Center.  The motion was unanimously approved.

 

IN RE:  SANDY RIDGE VOLUNTEER FIRE DEPT.

Danny White, representing the Sandy Ridge Volunteer Fire Department, gave the Board a report on the number of homes on the Wise County side and the Dickenson County side that are served by the Sandy Ridge Fire Department.  He also provided the number of fire calls that were made during 2004.

After discussing possible avenues for funding a new pumper for the one that was wrecked, Administrator Skinner recommended advancing, to the Sandy Ridge Fire Department, its 2005-06 fire money allocation, which would give them the funding needed to purchase the pumper.

A motion was made by Ronnie Shortt, seconded by Virginia Meador, to appropriate $14,900 (2005-2006 fire monies for the Sandy Ridge Volunteer Fire Department) to aid in replacing the pumper truck that was wrecked.  The motion was unanimously approved.

 

IN RE:  TREASURER'S REQUEST FOR ADDITIONAL MONEY

Administrator Skinner reported that he has located a County car that would meet the need of the Treasurer's Office staff for daily transportation needs decreasing the total of the request to $4,000.  Due to some restructuring in personnel, the Treasurer has managed to save in this fiscal year $1,372.43, which would leave an amount of $2,627.57 that could be taken from the reserve for emergency/contingency line item to meet the Treasurer's need.

A motion was made by Bob Adkins, seconded by Steve Bates, to approve additional funding to the Treasurer in the amount of $2,627.57 to be taken from the reserve for emergency/contingency line item.  The motion was unanimously approved.

 

IN RE:  CONSULTANT FOR DATA CENTER

Jack Kennedy stated that over the next six (6) months VITA would be going through an administrative review process to decide which, if any, of the private vendors who made proposals will be accepted.  It would be to the Board's advantage to have someone in Richmond who is familiar with the territory, which has the proper contacts, and has an office in the same agency building to represent Wise County in this endeavor. The County must put forth every effort to get this project.  Mr. Kennedy suggested hiring the law firm of Vectre-Corp, which has been ranked as one of the top ten law firms by the Virginia State Legislators.  This firm gave a cost of $5,000 per month to represent Wise County.

Mr. Kennedy suggested that the Board empower the County Administrator to enter into a contract with a consultant firm, as he deems worthy in his discretion. 

Administrator Skinner stated that he has been contacted by a second firm that may be interested in representing the County.

There was some discussion regarding the funding of this endeavor, which has an estimated cost of approximately $25,000 plus expenses.          

After discussion, John Peace made a motion that the County Administrator be empowered to negotiate and execute a contract with a consultant firm if he see its in the best interest of Wise County.  Ronnie Shortt seconded the motion.  The motion was unanimously approved

 

IN RE:  APPOINTMENT LENOWISCO DISABILITY SERVICES BOARD

A motion was made by Virginia Meador, seconded by John Peace to reappoint Larry Blann to the LENOWISCO Disability Services Board for a term of three (3) years.  The motion was unanimously approved.

 

IN RE:  APPOINTMENT PLANNING COMMISSION

Robby Robbins nominated Joe Slemp for reappointment on the Planning Commission.

Leland Branham nominated Peter Yun, Jr. to the Planning Commission.

The votes for Peter Yun, Jr. were as follows:

Aye-   Steve Bates                       Nay- Robby Robbins

          Virginia Meador                           Bob Adkins

          John Peace

         Fred Luntsford

         Ronnie Shortt

        Leland Branham

Motion carried.

 

IN RE:  APPOINTMENT SOCIAL SERVICES BOARD

A motion was made by John Peace to reappoint George Barton to the Social Services Board.  Virginia Meador seconded the motion.  The motion was unanimously approved.

 

IN RE:  COUNTY ATTORNEY'S REPORT 

Attorney Mullins explained that at the December Board meeting there was a discussion regarding the request from the Derby Historical Committee regarding the Ambrose Branch Coal Company request to utilize the railroad bed area in Derby to by-pass the community road for its coal haul.  At that time, there was some confusion as to the ownership of the railroad bed property.  It has now been determined that the County is the owner of that property.  A draft agreement has been prepared with restrictions as requested by the Derby community and as discussed by the Board.  She noted that a public hearing is not required for this transaction.

Chairman Luntsford said he has talked with Richard Falin of the Derby community regarding this transaction and he stated that Ambrose Branch Coal Company is waiting for the agreement to be executed to allow them to construct the road and make it accessible for the coal haul. Chairman Luntsford further stated that the new bridge that is being constructed in Derby is being constructed to accommodate the coal trucks.

 

IN RE:  DERBY LEASE AGREEMENT / COAL HAUL ROAD

Ronnie Shortt made a motion to approve the lease agreement with the restrictions as requested and present it to the Derby Historical Committee for its consideration.  Leland Branham seconded the motion.  The motion was unanimously approved.

 

IN RE:  ADMINISTRATOR'S REPORT

Administrator Skinner reported that after assessing the manpower needs at the Animal Shelter, he has determined that the current arrangement with Jackie Darter should be continued.  He spoke with Mr. Darter and he has agreed to continue in this capacity.

Administrator Skinner has been working with Darrell Stapleton with Thompson & Litton regarding the Lonesome Pine Business and Technology Park access road.  T&L has been employed to do a corridor study, which has been completed and a tentative date has been set for March 1 at J.J. Kelly High School for public review

 

IN RE:  PLAQUE PRESENTATION

John W. Peace II was presented a plaque for the year that he was chairman of the Board.

 

BOARD COMMENTS

Board members made brief comments.

 

ADJOURN

There being no further business, a motion was made by Robby Robbins, seconded by Bob Adkins, to adjourn the meeting.  The motion was unanimously approved.

 

ATTEST:                                WISE COUNTY BOARD OF SUPERVISORS

___________________        __________________________

Glen A. Skinner, Clerk             Fred Luntsford, Chairman

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