Board of Supervisors - November 13, 2008 Regular Meeting

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The Wise County Board of Supervisors met in a Regular meeting on Thursday, November 13, 2008 @ 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

PRAYER

T. G. Branson led in prayer.

PLEDGE

All led in pledge of allegiance to the flag.

MINUTES

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

IN RE:  AGENDA

Chairman Adkins read the following item to be added to the agenda:

  • LPOY requests funds advancement - $50,000

A motion was made by J. H. Rivers, seconded by Steve Bates, to approve the agenda as presented to include the addition as stated.  The motion was unanimously approved.

IN RE:  PUBLIC EXPRESSION

Commonwealth Attorney Ron Elkins, speaking on behalf of all the constitutional officers, explained that the Commonwealth of Virginia has recently taken away the 2% raises for the constitutional officers and their employees that were due in December.  The constitutional officers are asking this Board that until July 2009 that the Board cover the 2% pay raise that was taken away from their employees.  The constitutional officers are not requesting this pay increase for themselves; just for their employees.  This request is for a one-time pay increase only.  Mr. Elkins gave the Board a brief overview of funding that is brought into the County by the Commonwealth Attorney and the other constitutional offices and the benefits that are reaped by the County through their efforts and expertise.  The Board’s consideration of this request is appreciated.

Ronald Mullins, a resident of Pound, voiced his opposition to the proposed consolidation of the schools.  He asked the Board to keep the communities together and keep all the schools open.

Marline Bush, a resident of Appalachia, under the Freedom of Information Act, made a request for any and all information pertaining to discussion, negotiations, bids or offers with any organization, business, entity or corporation between this Board of Supervisors and any representative thereof about the purchase or sale of the Appalachia High School in Appalachia.

Ms. Bush voiced her opposition to consolidating the high schools.  She said that kids do better in small schools in their own community, and have better quality education.  She stated that the School Board is going to ask for a committee of the Board of Supervisors to meet with them to plan new high schools even though she understood that the two did not interfere with the other in decision making.  She questioned funding sources for the proposed schools and other major projects that are being funded by the County.

Ms. Bush further stated that she feels there is a conflict of interest between the School Board and the Board of Supervisors.  As a citizen of Wise County, she asked that when votes are taken for school consolidation or renovation that Supervisor Bates who is a brother to School Board member Phillip Bates and Supervisor Rivers who is the husband of School Board member Betty Cornett, abstain from voting due to a conflict of interest.

Harold Greear, a resident of Pound, addressed the Board regarding the new alternate plan for the Coalfield Expressway and its control access to Pound.  The Town of Pound would die if this plan is approved and small property owners would suffer also.

Mr. Greear also addressed the funding from VCEDA and the method in which it is distributed. 

Nathanial  Maggard, a resident of Hurricane, voiced his concern for the lack of sewer infrastructure in the county.  He expressed the desire to develop land for much needed housing, and to further enhance economic development in this area.  There is a lot of property out there to be developed but until sewer becomes available that is not possible.   He asked the Board to pursue funding sources to extend sewer or offer some source of incentive to offset the cost for lack of sewer.

There being no further comments, the public expression period ended at 6:40 p.m.

IN RE:  ROADS AND HIGHWAYS

There were no remarks from VDOT.

IN RE:  RESOLUTION – SPEED STUDY

A motion was made by Ronnie Shortt, seconded by Fred Luntsford, to approve the resolution requesting VDOT to conduct a Speed Study on Route 695 in the Indian Creek section of Wise County.  The motion was unanimously approved.

RESOLUTION #                           2008

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

IN RE:  CONSENT AGENDA

A motion was made by Ronnie Shortt, seconded by Fred Luntsford, to approve the consent agenda as follows:

IN RE:  SET PUBLIC HEARINGS

  • Set public hearing (December 4 @ 6:00 p.m.) on property for training center

  • Set public hearing (December 4 @ 6:00 p.m.) on a request for a conditional change of zoning

IN RE:  RESOLUTION – INDEPENDENT POLICY BOARD SOUTHWEST VA (ASAP)

Approved the resolution endorsing the establishment of an Independent Policy Board  for Southwest Virginia Alcohol Safety Action Program (ASAP)

RESOLUTION #                   2008

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

IN RE:  RESOLUTION – MEMBERSHIP OF THE REGIONAL POLICY BOARD

Approved the resolution of the Board of Supervisors of the County of Wise establishing, by joint action of the Boards of Supervisors of the counties of Buchanan, Dickenson, Lee, Russell, Scott, Tazewell, and the City Council of the City of Norton, the membership of the Regional Policy Board of the Southwest Virginia (ASAP) to serve the region composed of those counties and city.

RESOLUTION #                    2008

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

IN RE:  OCCUMED LETTER OF AGREEMENT

Authorized the execution of the Letter of Agreement for OccuMed to do drug testing services for Wise County employees.

The motion to approve the consent agenda was unanimously approved.

IN RE:  BLACKWOOD LANDFILL – RFP COMMITTEE

The Board of Supervisors previously appointed a RFP committee consisting of Robert Adkins, Fred Luntsford, Jackie Darter and Shannon Scott to review the responses received for the engineering services at the Blackwood Landfill and report back to the Board with their recommendation.  The Committee’s recommendation was provided to the Board for consideration.

A motion was made by Ronnie Shortt, seconded by Robby Robbins, to approve the RFP Committee’s recommendation to select Thompson & Litton, Inc. as engineers for the expansion of Cell 4 of the Blackwood Landfill.  The motion was unanimously approved.

IN RE:  BLACKWOOD LANDFILL EXPANSION-ENGINEERING CONTRACT

A motion was made by Robby Robbins, seconded by Steve Bates to authorize the County Administrator to negotiate a contract with Thompson & Litton, Inc. for engineering services for the Blackwood Landfill expansion into cell four (4).  The motion was unanimously approved.

IN RE:  VIRGINIA LEGISLATIVE MATTERS

Administrator Scott stated that he has provided a tentative list of items the Board may want its legislators to consider during the 2008-2009 legislative session.  He asked for any additional items within the next week to ten days which would allow him time to get the list to the legislators.

IN RE:  RIGHT-OF-WAY AGREEMENT FOR MINING /TIMBERING

Attorney Mullins stated that this is a basic right-of-way agreement what would include any mining / timbering operations to whomever has the property leased or has ownership of the property.

A motion was made by Ronnie Shortt, seconded by J. H. Rivers, to authorize the County Administrator to execute the Right-of-Way Agreement for the purpose of obtaining a right-of-way for ingress and egress across the corner of County property to access adjacent property.   The motion was unanimously approved.

IN RE:  PAY INCREASES

A motion was made by Robby Robbins, seconded by Ronnie Shortt, to approve the 2% pay increase for constitutional offices deputy employees.

Virginia Meador made a substitute motion that the 2% pay increase be provided as a bonus.  Bob Adkins seconded the motion.

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

Chairman Adkins asked for a vote on the main motion.

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

IN RE:  BUDGET AMENDMENTS #12 THRU 17

A motion was made by Ronnie Shortt, seconded by Fred Luntsford, to approve the following budget amendments:

# 12     Source of Revenue – Anticipated Current Year Revenue $200,000.00 Expenditures

            (61) Sewer Enterprise Fund (4316) Sewer Service Project (507011) Sewer Service Expenses $200,000.00

To show anticipated revenues for this current fiscal year in the amount of $200,000.00 and the use of this revenue to purchase sewer flow capacity from the City of Norton.

# 13     Source of Revenue – Anticipated Current Year Revenue $44,587.34 Expenditures

            (11) General Fund: Expenditures as follows:

                        (1209) Commissioner of Revenue      (501001) Salaries           $3,297.28
                        (1209) Commissioner of Revenue      (502001) FICA              $252.24
                        (1209) Commissioner of Revenue      (502002) VRS                $389.41
                        (1209) Commissioner of Revenue      (502006) Group Term    $27.04
                        (1213) Treasurer                              (501001) Salaries           $2,802.94
                        (1213) Treasurer                              (502001) FICA              $214.42
                        (1213) Treasurer                               (502002) VRS                $331.02
                        (1213) Treasurer                              (502006) Group Term    $22.98
                        (2106) Clerk of the Court                   (501001) Salaries           $4,301.50
                        (2106) Clerk of the Court                   (502001) FICA              $329.06
                        (2106) Clerk of the Court                   (502002) VRS                $508.00
                        (2106) Clerk of the Court                   (502006) Group Term    $35.27
                        (2201) Commonwealth Attorney        (501001) Salaries           $4,558.40
                        (2201) Commonwealth Attorney        (502001) FICA              $348.72
                        (2201) Commonwealth Attorney        (502002) VRS                $538.35
                        (2201) Commonwealth Attorney        (502006) Group Term    $37.38
                        (3102) Sheriff                                   (501001) Salaries           $17,498.04
                        (3102) Sheriff                                    (502001) FICA              $1,338.60
                        (3102) Sheriff                                    (502002) VRS                $2,066.52
                        (3102) Sheriff                                     (502006) Group Term    $143.48
                        (3303) Central Dispatch                      (501001) Salaries           $1,700.86
                        (3303) Central Dispatch                      (502001) FICA              $130.12
                        (3303) Central Dispatch                      (502002) VRS                $200.87
                        (3303) Central Dispatch                      (502006) Group Term    $13.95
                        (2107) Courthouse Security                (501001) Salaries           $2,910.60
                        (2107) Courthouse Security                (502001) FICA              $222.66
                        (2107) Courthouse Security                (502002) VRS                $343.75
                        (2107) Courthouse Security                (502006) Group Term    $23.88

To show anticipated revenue in the current fiscal year in the amount of $44,587.34 and use this revenue to pay the cost of 2% pay increase for deputy employees of Constitutional Officers.

# 14     Source of Revenue – Transfer from (1204) Legal Services (501001) $5,052.00       Expenditures

            (2201) Commonwealth Attorney:

                        (501001) Salaries and Wages             $4,200.00
                        (502001) FICA                                  $321.00
                        (502002) VRS – Retirement               $496.00
                        (502006) Group Insurance                  $35.00

To transfer from Legal Service Budget, funds sufficient to pay Michael Abbott $350.00 per month with fringes.

# 15     Source of Revenue – Transfer from (1102) Community Organizations / Events (505804) Discretionary Funds <$5,000.00> to Expenditures

            (4310) Community Centers (503004) Repair & Maintenance $5,000.00

To show that $5,000.00 is anticipated to be spent on the building of the Flat Gap Community Center with some improvements to playground equipment.  This expenditure is in lieu of a check written to the Town of Pound for $5,000.00 for improvements to a recreation facility.

# 16     Source of Revenue – Transfer from (2106) Clerk of the Circuit Court (505203)      Telecommunications <$1,000.00> Expenditures

            (1101) Board of Supervisors (505203) Telecommunications $1,000.00

This $1,000.00 is transferred from the Clerks budget to the Board of Supervisors budget to allow for a payment to the Office of the Circuit Court Judge Carico as requested by Judge Carico.

# 17     Source of Revenue – Transfer from (9302) Capital Outlay Projects (507010) Capital Outlay <$1,065.21> to Expenditures

            (2201) Commonwealth Attorney (505401) Office Supplies $1,065.21

To transfer money to the office supply line of the Commonwealth Attorney budget from Capital Outlay money set aside for his office.  This is to cover supplies that came in this year after 07/01/08 which were budgeted in FY 07-08.

The motion to approve the budget amendments was unanimously approved.

IN RE:  BEAR CREEK SEWER

A motion was made by Ronnie Shortt, seconded by J. H. Rivers, to authorize representatives of the Board to meet with representatives of the Town Council of Wise to discuss the Fairground Sewer Project.  The motion was unanimously approved.

IN RE:  PUMP AND HAUL REQUEST

A motion was made by Robby Robbins, seconded by J. H. Rivers, to approve the request from Larry and Linda Brewer to be added to Wise County’s Pump and Haul Permit subject to approval by the Wise County Health Department.  The motion was unanimously approved.

IN RE:  APPOINTMENT – IDA

A motion was made by J. H. Rivers, seconded by Virginia Meador, to appoint Kimberly Dawn Mullins to the Wise County Industrial Development Authority for a term of four (4) years.  The motion was unanimously approved.

IN RE:  REZONING – SANDUSKY STREET INVESTMENT LLC

A motion was made by Ronnie Shortt, seconded by Steve Bates, to set a public hearing on December 4 @ 6:00 p.m. on a request from Sandusky Street Investment, LLC for a change of zoning for approximately 13 acres of property located on Coeburn Mountain Road.  The motion was unanimously approved.

IN RE:  WORKSHOP MEETING DATE CHANGE

A motion was made by Robby Robbins, seconded by Dana Kilgore, to change the January 2009 Workshop meeting to January 8, 2009 @ 6:00 p.m. and the Regular meeting to January 15, 2009 @ 6:00 p.m.  The motion was unanimously approved.

After discussion, Mr. Robbins asked that his motion be rescinded.

A motion was made by Robby Robbins, seconded by Ronnie Shortt, to hold the January Organizational meeting on January 8, 2009 @ 5:45 p.m.  The motion was unanimously approved.

IN RE:  CLOSED SESSION

A motion was made by J. H. Rivers, seconded by Dana Kilgore, to go into closed session to discuss personnel and legal matters as permitted by Section 2.1-3711(A)(1) & (A)(7) of the Code of Virginia.  The motion was unanimously approved.

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

IN RE:  RESOLUTION – CLOSED SESSION

Secretary Underwood read the certification for closed meeting.

A motion was made by Ronnie Shortt, seconded by J. H. Rivers, to approve the resolution verifying matters discussed while in closed session.  The motion was unanimously approved by roll call vote.

RESOLUTION #                      2008

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

IN RE:  LONESOME PINE OFFICE ON YOUTH REQUEST FOR FUNDING

Administrator Scott explained that he had just received a letter from LPOY Director Paul Kuczko requesting the Board’s consideration in assisting the LPOY with an advance of $50,000 to cover the cost of providing for distribution of 10,000 CDs.  These CDs are the accompanying sound track for the PBS Special “Appalachia: A History of Mountain and People.”

Mr. Kuczko is confident that the sale of these CDs will allow for a full remittance back to the County’s General Fund before June 30, 2009.

If, by chance, the balance is not reimbursed in full by June 30, 2009, normal allocations to the Lonesome Pine Office on Youth will be first applied to the balance before any remittance to LPOY for FY 2009-2010.

A motion was made by J. H. Rivers, seconded by Dana Kilgore, to approve the $50,000 advancement to LPOY to cover the cost of providing the distribution of the 10,000 CDs with the understanding that the balance will be repaid before June 30, 2009. 

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

BOARD COMMENTS

There were few comments from Board members.

ADJOURN

A motion was made by Ronnie Shortt, seconded by J. H. Rivers to recess this meeting until Monday, November 24 at 5:00 p.m. in the conference room located in the County Administrator’s Office.  The motion was unanimously approved.

ATTEST:                                             WISE COUNTY BOARD OF SUPERVISORS

 

___________________________      _______________________________________
Shannon C. Scott, Clerk                     Robert R. Adkins, Chairman   

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