Board of Supervisors - July 13, 2006 Regular Meeting

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The Wise County Board of Supervisors met in a Regular meeting on Thursday, July 13, 2006 at 6:00 PM in the Board of Supervisors meeting room located in the Wise County courthouse.  The following were present:

Honorable Fred A. 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

T. G. Branson led in prayer

PLEDGE

All led in the pledge of allegiance to the flag.

MINUTES

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

AGENDA

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

IN RE:  PUBLIC EXPRESSION

Charlene Green, a resident of the Stephen’s area, stated that she and Ms. Selvage have worked diligently to prepare a proposed Noise Ordinance that would benefit the needs of the whole County and not just the Stephens area.  After checking with the Sheriff’s Department, she found  that 434 calls relating to noise has been received within the past year.  She asked the Board to review the proposed ordinance and make any changes that are necessary but hold a public hearing in the near future for public input and possible adoption.

Cathy Selvage, a resident of the Stephen’s area, asked the Board to set a date for the public hearing.  She ask that her following statement be placed on record:

What does it take to make a community?  Let us begin with just one element of community life.  Who among us feels that it would be appropriate for everyone living in a community to be up and about all night long making all manner of obnoxious noises disturbing our neighbors and creating for them many sleepless nights? Who?  Who could say that?

First, we devise an acceptable rule, fair to the largest number of citizens that we can possibly accommodate, and only when we live by this rule for an extended period of time will it become a part of the character of the community.  It is my hope for all residential communities in Wise County that the Board would see fit to grant us the right to sleep at night.

If the Board feels they need more time to study this issue, I strongly encourage you to set a date firm for this to be accomplished, and the citizens be allowed to see the changes you’ve made prior to the time set for a public hearing.  I wished this would not go the way of a six-year plan item still on the plan after 25 years or the gentleman who applied for a job 10 months ago with no response.  These things simply aren’t nice and should not be a part of our character.

I shall leave you with one parting thought ---August 20, 2004.  Do you remember what happened on that date?  And should we have had a noise ordinance in place then, would that child be with us today?

Mary Ellen Kelley voiced her support for the noise ordinance with further comments regarding re-mining in the vicinity of her home without permission from landowners.

Danny Stallard voiced his concern that non-resident students attending Wise County schools are not paying tuition.  In contacting other counties, he found that non-resident students were charged for attending their schools.  He asked that non-resident students be charged tuition since the cost to Wise County citizens is approximately $200,000 per year for their schooling.

Shelley Perry, a resident of the Stephens area, brought forth some opposition to the proposed noise ordinance regarding the “time schedule” that is being proposed.  She asked that the proposed ordinance be carefully reviewed with the whole County being considered regarding any restrictions on time of day, type of noise etc.

Dorothy Taulbee stated that she lives near the railroad tracks and the noise of the train is unbearable at times.  She also noted the damage that has been done to her house by coal trucks since she lives only three (3) feet from the main road.  She voiced her support for the ordinance.

Aaron McClellan voiced his support for the noise ordinance.

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

IN RE:  ROADS AND HIGHWAYS

Highway Resident T. G. Branson gave an update on paving activities.  He reported on the “Watch for Children” signs that have been approved and put in place.

Board Comments/Requests

Several requests were made by Board members for VDOT review and response.

 

IN RE:  RESOLUTION DISCONTINUANCE – PORTION ROUTE 793 (Needmore Area)

A motion was made by Ronnie Shortt, seconded by Bob Adkins, to approve the resolution requesting VDOT to take the necessary action to discontinue a portion of Route 793 as a part of the Secondary System of State Highways.  The motion was unanimously approved.

RESOLUTION #                     2006

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

IN RE:  RESOLUTION – WATCH FOR CHILDREN SIGNS – SHAWNEE AVENUE

A motion was made by John Peace, seconded by Virginia Meador, to adopt the resolution requesting “Watch for Children” signs on Shawnee Avenue East, located in the Southern section of Big Stone Gap.  The motion was unanimously approved.

RESOLUTION #               2006

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

IN RE:  RESOLUTION – WATCH FOR CHILDREN SIGNS-BANNER MTN ROAD

A motion was made by Steve Bates, seconded by Leland Branham, to adopt the resolution requesting “Watch For Children” signs for Banner Mountain Road on Route 654.  The motion was unanimously approved.

RESOLUTION #                     2006

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

IN RE:  CONSENT AGENDA

A motion was made by Ronnie Shortt, seconded by Leland Branham, to approve the following items under the Consent Agenda:

IN RE:  CHANGE OF ZONING – SHELCY MULLINS, JR.

Set public hearing (6:00 PM – August 3) on a request from Shelcy Mullins Jr. for Change of Zoning

IN RE:  ORDINANCE – CERTIFIED POLLUTION CONTROL EQUIPT. & FACILITIES EXEMPTION

Set public hearing (6:00 PM – August 3) on the proposed Certified Pollution Control Equipment and Facilities Exemption Ordinance.

IN RE:  RESOLUTION-ESTABLISHING POLICY BOARD –SOUTHWEST VA  ASAP

Adopted the Resolution Endorsing the Establishing of an Independent Policy Board for Southwest Virginia Alcohol Safety Action Program (ASAP).

RESOLUTION #                2006

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

IN RE:  RESOLUTION – ESTABLISHING MEMBERSHIP-REGIONAL SOUTHWEST VIRGINIA ASAP

Adopted a Resolution of the Board of Supervisors of the County of Wise, Establishing, by joint action of the Board of Supervisors of the counties of Buchanan, Dickenson, Lee, Russell, Scott, Tazewell, Wise and the City Council of the City of Norton, the membership of the Regional Policy Board of Alcohol Safety Action Program (Southwest Virginia ASAP) to serve the region composed of those counties and city.

RESOLUTION #                     2006

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

IN RE:  MILEAGE - INCREASE IN PAYMENT
      
Approved an increase in mileage reimbursement for employees who use personal vehicles for County business from 32.5 Cents to 44.5 cents per mile.

IN RE:  APPROPRIATIONS

Approved the First Quarter appropriations

IN RE:  BUDGET AMENDMENTS

Approved the following budget amendments:

No. 103:  Source of Revenue-Prior years fund balance - $1,275,744.61
               Expenditures:  (2105) J&DR Court Services (505708) Board of Juveniles $22,400.00;  
                (2109) Magistrate (505201) Postal Services $1.00 (505203)  Telecommunications
                $71.94; (4304) Court Services Building (503004) Repair & Maintenance $95.52
                (50510) Electrical Services $226.15; (5303) Area Agency Administration (505702)     
                Auxiliary Grant Aged $2,500.00; (8106) Commission Expenses (501007) Fees for
                Attendance $450.00; (9316) Non-Departmental (509019) UVA-Wise Software
                Engineering Program-$250,000.00; (9301) School transfers (505634) Advanced
                 appropriation for gymnasium projects-$1,000,000.00

No. 104:  Source of Revenue-Virginia State Mental Health Pass-Thru funds-$405,368.00
                Expenditures: (5201) Mental Health (505608) PD1 Mental Health-$405,368.00

No. 105:  Source of Revenue- Virginia State Mental Health Pass-Thru Funds-$20,120.00
                Expenditure:  (5201) Mental Health (505608) PD1 Mental Health- $20,120.00

No. 106:   Source of Revenue-Prior years fund balance - $1,372.00
                Expenditure:  (3302) Southwest Virginia Jail Authority (505635) Contribution to
                 Regional Jail - $1,372.00
 
BUDGET AMENDMENT FROM FY 2006-2007

No. 1:  Source of Revenue-State Homeland Security Grant Funds - $95,854.00
            Expenditure:  (3102) Sheriff-Law Enforcement (505409) Police Supplies-$95,854.00

The motion to approve the Consent Agenda was unanimously approved.

IN RE:  E-911 ROAD NAMES

A public hearing was held on July 6 to receive citizens’ comments regarding additional E-911 road names.  There was no opposition to the proposed addition(s).

A motion was made by John Peace, seconded by Robby Robbins, to approve the E-911 road name addition(s) as presented.  The motion was unanimously approved.

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

IN RE:  MOU-ANNUAL INDUSTRIAL DEVELOPMENT GRANT

A motion was made by John Peace, seconded by Steve Bates, to approve the Memorandum of Understanding (MOU) between the County of Wise and the Wise County Industrial Development Authority regarding the Annual Industrial Development Grant which will enable the Authority to promote industry within the County.  The motion was unanimously approved.

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

IN RE:  COMMUNITY POLICY & MANAGEMENT BOARD-ADDITIONAL FUNDING

A motion was made by Steve Bates, seconded by Leland Branham, to approve the request from the Community Policy & Management Board for a supplemental allocation of $4,815.19 for local matching funds to finish the fiscal year of 2005-2006 for the Comprehensive Services Act.  The motion was unanimously approved.

IN RE:  PROCLAMATION – SAM GILBERT

A motion was made by Virginia Meador, seconded by Steve Bates, to approve the proclamation honoring the late Sam Gilbert for his dedication in providing for the needy in our area.  The motion was unanimously approved.

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

IN RE:  APPOINTMENT – IDA

A motion was made by John Peace, seconded by Virginia Meador, to appoint Kenny Gilley to the Wise County IDA for a term of four (4) years.  The motion was unanimously approved.

A motion was made by Bob Adkins, seconded by Steve Bates, to reappoint Bill Sutherland to the Wise County IDA for a term of four (4) years.  The motion was unanimously approved.

A motion was made by Leland Branham, seconded by Robby Robbins, to reappoint Danny Buchanan to the Wise County IDA for a term of four (4) years.  The motion was unanimously approved.

IN RE:  APPOINTMENT – LENOWISCO DISABILITY SERVICES BOARD

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

IN RE:  APPOINTMENT-PLANNING COMMISSION

A motion was made by Bob Adkins, seconded by Steve Bates, to reappoint Randy Rigg to the Planning Commission for a term of four (4) years.  The motion was unanimously approved.

A motion was made by Robby Robbins, seconded by Bob Adkins, to appoint Joe Slemp to the Planning Commission.

Leland Branham made a substitute motion to appoint Stuart Collins.

Since Mr. Collins does not live in district 4, the district in which this vacancy is to be filled, there was some discussion on whether or not he could be appointed.

After further discussion, Attorney Mullins asked the Chairman to place this appointment for later in the meeting to allow her time to reference the Planning Commission By-laws at which time she can provide the Board with an answer.

IN RE:  APPOINTMENT – SOCIAL SERVICES BOARD

A motion was made by Steve Bates, seconded by Bob Adkins, to appoint Johnny Graham to the Social Services Board for a term of four (4) years.  The motion was unanimously approved.

IN RE:  APPOINTMENT-WISE COUNTY TOURISM COMMITTEE

A motion was made by Robby Robbins, seconded by Leland Branham, to reappoint Sarah McReynolds to the Wise County Tourism Committee for a term of four (4) years.  The motion was unanimously approved.

IN RE:  APPOINTMENT- MOUNTAIN EMPIRE COMMUNITY COLLEGE

A motion was made by Leland Branham to table this appointment until next month.  Robby Robbins seconded the motion.  The motion was unanimously approved.

IN RE:  APPOINTMENT – LONESOME PINE YOUTH SERVICES BOARD

A motion was made by John Peace, seconded by Steve Bates, to appoint Virginia Meador to the Lonesome Pine Youth Services Board for her term of office.  The motion was unanimously approved.

 

IN RE:  WISE TV – JOINT POLICY FOR PRODUCTION & PROGRAMMING

A motion was made by Ronnie Shortt, seconded by Bob Adkins, to approve the Joint Policy for Production & Programming for Wise TV as presented.  The motion was unanimously approved.

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

BREAK

The Board took a brief break at 6:50 PM.
The meeting reconvened at 7:00 PM

IN RE:  APPOINTMENT – PLANNING COMMISSION

Attorney Mullins provided information from the Planning Commission By-laws which states that appointments will be made from each Magisterial District.

After further discussion on the by-laws, a motion was made by Leland Branham, seconded by Bob Adkins, to table the vacant Planning Commission position until next month for further information.

IN RE:  CLOSED SESSION

A motion was made by John Peace, seconded by Ronnie Shortt, to go into closed session as permitted by Section 2.2-3711(A)(6) of the Code of Virginia.  The motion was unanimously approved.

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

IN RE:  RESOLUTION – CERTIFICATION OF CLOSED MEETING

The certification for closed meeting was read by Supervisor Peace.

A motion was made by Ronnie Shortt, seconded by John Peace, 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:  FUNDING FOR AN UNIDENTIFIED PROJECT

A motion was made by John Peace, seconded by Steve Bates, to authorize the County Administrator to negotiate the investment of public funds for the purchase of property identified in closed session and to conduct studies necessary to move forward with the project up to an amount of $30,000.00.  The motion was unanimously approved.

ADJOURN

There being no further business to come before the Board, a motion was made by Robby Robbins, seconded by John Peace, to adjourn the meeting.  The motion was unanimously approved.

ATTEST:                                              WISE COUNTY BOARD OF SUPERVISORS

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

 

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