Board of Supervisors - December 11, 2008 Regular Meeting

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The Wise County Board of Supervisors met in a meeting on Thursday, December 11, 2008 at 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 Steve Bates
Honorable Ronald L. Shortt
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

ABSENT

Honorable Fred Luntsford
Honorable Robert E. Robbins

PRAYER

Bob Adkins led in prayer.

PLEDGE

All led in the pledge of allegiance to the flag.

MINUTES

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

IN RE:  AGENDA

Chairman Adkins read the following items to be considered for the agenda:

Under New Business:

  • Budget Amendment #25:  $6,800.00 – Rent for home near Sheriff’s Office for seven months for office space.

A motion was made by Virginia Meador, seconded by J. H. Rivers, to approve the agenda with the addition as stated above.  The motion was unanimously approved.

IN RE:  MECC UPDATE

Dr Suarez, President of MECC, provided an overview of MECC’s activities, and its goals with special emphasis on the AIMS Higher Scholarship Program.

IN RE:  AUDIT FY 2007-2008 PRESENTATION

Larry Sturgill, CPA reviewed with the Board the FY 2008-2009 audit ending June 30, 2008.  It was his opinion that the financial statements that are contained within the audit report present fairly, in all materials respect, the financial position of the County of Wise as of June 30, 2008.  It is a “Clean” opinion with no findings in the financial statements during this period of time.

IN RE:   APPROVAL OF AUDIT FY 2007-2008

A motion was made by Dana Kilgore, seconded by J. H. Rivers, to approve the Audit for FY 2007-2008 ending June 30, 2008 as presented.  The motion was unanimously approved.

IN RE: PUBLIC EXPRESSION

Kevin Collins, resident of Coeburn Mountain, addressed the Board opposing the construction of the proposed student housing on property adjacent to his property on Coeburn Mountain.  Mr. Collins stated that the noise, lights and increased traffic would be a nuisance to his family.  He further noted that the zoning may be a bit premature since there may be a problem with getting sewer to the property.  He asked that the Board deny this request for rezoning.

Scott Blackwell, representing Sandusky Street Investments, applicant for the rezoning, informed the Board that his company has made an offer to purchase Mr. Collins’ property which was within 10% of their asking price, but the offer was refused.  Mr. Blackwell stated that it would be of no benefit to his company to do engineering and/or other studies on the property unless the zoning has been approved.

Diane Withen, a resident of Wise, spoke briefly on the rapid depletion of coal and its importance to our area.  She noted using wind as another source of energy and also creation of jobs.

Tim Mullins stated that he had addressed the Board back in May and has had no response as of this date.  He provided the Board with a sample of water that he has taken from the Flat Gap area in Pound.  He said that this water, as dirty as it was, was going into the water shed in Pound.

Jane Branham, a resident of the Norton area, voiced her concern regarding mountain top removal and asked that it be stopped.

Cathy Selvage, a resident of the Stephens area, voiced her concern regarding the depletion of our natural resource; coal.  She explained the after affects of stripping the coal and the removal of the mountains.  Ms. Selvage asked that some method be used to expand the life of the remaining coal.

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

IN RE:  ROADS AND HIGHWAYS

Jackie Christian, representing VDOT, received Board comments and the needs in their districts for VDOT review and response.

IN RE:  RESOLUTION – WATCH FOR CHILDREN SIGNS – RT 660

A motion was made by Dana Kilgore, seconded by Steve Bates, to approve the resolution requesting the Transportation Commissioner and the VDOT’s Resident Engineer, to install and maintain signs alerting motorist that children may be at play on Rote 660.  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 Virginia Meador, to approve the consent agenda as follows:

IN RE:  ORDINANCE – COUNTY EMPLOYEE BONUS

Set a public hearing for January 8, 2009 @ 6:00 p.m. on a proposed ordinance authorizing the payment of County employee bonus

IN RE: LEASE AGREEMENT – DUNBAR CAN SITE

Authorized the County Administrator to execute the Lease Agreement for the Dunbar can site

IN RE:  AGREEMENT – ISSUE USER PERMIT – ANIMAL SHELTER/CNW

Authorized the County Administrator to execute the 60 month Agreement between CNW Sewer Authority and the Wise County Board of Supervisors allowing for pre-treatment of solids from the Wise County Animal Shelter

IN RE:  RESOLUTION – SUPPORTING THE VIRGINIA CIVIL WAR SESQUICENTENNIAL

Approved the resolution supporting the Virginia Sesquicentennial of the American Civil War Commission and its efforts to commemorate the 15oth Anniversary of Virginia’s participation in the American Civil War

RESOLUTION #                     2008

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

IN RE:  RESOLUTION – BOLD CAMP SEWER PROJECT

Approved resolution authorizing signatures for the Bold Camp Sewer Project

RESOLUTION #                      2008

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

The motion to approve the consent agenda was unanimously approved.

IN RE:  TRAINING CENTER PROPERTY

A public hearing was held on December 4, 2008 to receive citizen’s comments regarding the conveyance of a 3.46 acre parcel of property to the Wise Volunteer Fire Department, Inc.

There was no public opposition to the conveyance of this property.

A motion was made by Ronnie Shortt, seconded by Steve Bates, to convey the 3.46 acre parcel of property to the Wise Volunteer Fire Department for the purpose of a regional training facility.  The motion was unanimously approved.

IN RE:  CONDITIONAL CHANGE OF ZONING

A public hearing was held on December 4, 2008 to receive citizens’ comments regarding a request from Roger L. Greene for a conditional change of zoning on approximately one (1) acre located on Dotson Creek Road (next to 6912 Dotson Creek Road).

There was no public opposition to the conditional change of zoning.

A motion was made by Steve Bates, seconded by Ronnie Shortt, to approve the request from Roger L. Greene for a conditional change of zoning on approximately one (1) acre located on Dotson Creek Road for the purpose of building two (2) multi-family apartment structures.  The motion was unanimously approved.

IN RE:  REZONING – SANDUSKY STREET INVESTMENTS, LLC

A public hearing was held on December 4, 2008 to receive citizens’ comments regarding a request from Sandusky Street Investments for a change of zoning for approximately 13 acres on Coeburn Mountain Road for the construction of student housing.

Kevin Collins, adjacent property owner, voiced his opposition to the proposed rezoning.

A motion was made by J.  H. Rivers, seconded by Steve Bates, to approve the request from Sandusky Street Investments, LLC for a change of zoning for approximately 13 acres on Coeburn Mountain Road for the purpose of building 10 multi-family two and four bedroom rental units with extensive landscaping and amenities. 

Aye-    J. H. Rivers                  Nay-None        Abstain – Bob Adkins (Has a conflict)
            Steve Bates                                                                 
            Ronnie Shortt
            Virginia Meador
            Dana Kilgore

Motion carried.

IN RE:  CABLE TO POUND AND ST. PAUL

Administrator Scott stated that this subject was discussed at the Workshop meeting and the Board informed the Administrator’s Office that there was no objection on moving forward with bringing this cable service to Pound and St. Paul by internet.

IN RE:  DENTAL SCHOOL

Administrator Scott noted that operating expenses for the Dental School will be placed in the 2009-2010 budget for consideration.  The amount to be budgeted will be based on funding from other State sources.

IN RE:  CAPITAL IMPROVEMENTS PLAN

A motion was made by Ronnie Shortt, seconded by J. H. Rivers, to set a public hearing on January 8, 2009 @ 6:00 p.m. on the proposed five (5) year Capital Improvements Plan 2010-2014 for Wise County.  The motion was unanimously approved.  

Supervisor Kilgore asked that the CIP Plan be reviewed by the auditor for comment.

IN RE:  VPI  EXTENSION AGENT

Administrator Scott explained that the salary and benefits for this position will be provided by Wise County and the Powell River Project. 

IN RE:  REFUND – AUTO WORLD

A motion was made by Virginia Meador, seconded by J. H. Rivers, to approve the request for a refund from Auto World of Big Stone in the amount of $92,206.99 for over assessment of Merchant’s Capital for 2005, 2006, and 2007.  The motion was unanimously approved.

IN RE:  CSA REQUEST FOR ADDITIONAL FUNDS

A letter was received from Paul Kuczko, Chairman of the Wise County Community Policy and Management Board for a supplemental allocation for the fiscal year 2008-2009 for the Comprehensive Services Act.

The request is for $200,000, which is needed to maintain the current caseload and changes in other funding sources.

Chairman Scott noted that this is a local match of 27.55% which is required by the state in order to receive additional state funding.

A motion was made by Virginia Meador, seconded by Steve Bates, to approve the additional funding in the amount of $200,000 as requested.  The motion was unanimously approved.

IN RE:  LEASE OF OFFICE SPACE

A motion was made by Ronnie Shortt, seconded by J. H. Rivers, to approve the seven (7) month lease on the house owned by Karen Mullins on Nottingham Street to the Sheriff’s Office for additional office space and storage space.  The motion was unanimously approved.

IN RE:  BUDGET AMENDMENTS #18 THRU #25

A motion was made by Ronnie Shortt, seconded by J. H. Rivers, to approve the budget amendments as follows:

# 18     Source of Revenue – Unrestricted Fund Balance $15,000.00 Expenditures

            (9302) Capital Improvements (507010) Capital Improvements $15,000.00

To allow for expenditures in the Office of Commonwealth Attorney for digitization of records.  Original request for $75,000.00 was cut to $60,000.00.  Now, the office needs the $15,000.00 to finish the digitization project.

# 19     Source of Revenue – Unrestricted Fund Balance $600.00 Expenditures

            (2201) Commonwealth Attorney (505203) Telecommunications $600.00
                       
To cover the cost of mobile internet access for approximately nine (9) months.

# 20     Source of Revenue – Unrestricted Fund Balance $50,000.00 Transaction 11-9999-146102-9999 Loan from General Fund to Lonesome Pine Office on Youth $50,000.00

To allow for loan to Lonesome Pine Office on Youth to cover the cost of CD production for Appalachian PBS Production.

# 21     Source of Revenue – Unrestricted Fund Balance $1,501.48 Expenditures

            (9316) Non-Departmental (503008) Cable TV Public Access Channel $1,501.48

To cover the cost of additional equipment needed by Jack Still to allow for transfer from camera hard drive to storage hard drive and tripod head to allow for two (2) cameras to cover the table where Karen sits.

# 22     Source of Revenue – Unexpended Funds from the VA Department of Health
            $157,766.00 Expenditures

            (5101) Local Health Department (507010) Capital Outlay $157,766.00

To allow for payment to be made for the Mobile Hospital Tent from funds that were unexpended at the end of the year by the VA Department of Health.

# 23     Source of Revenue – VA State Hazmat Funds $110,000.00 Expenditures

            (3505) Emergency Services (505810) Grant Expenses $110,000.00

To show receipt of a hazmat grant in the amount of $110,000.00 to be used for the purchase of a new hazmat truck.

# 24     Source of Revenue – Unrestricted Fund Balance $7,724.55 Expenditures

            (9316) Non-Departmental (503008) Cable TV Public Access Channel $7,724.55

To cover the cost of equipment needed at the Wise TV Station plus travel expenses Computer $998.00, tripod system $1,491.48, background stand $138.98, blue paper $58.12, Green Tech paper $80.98, Travel Expenses $90.68, wireless receiver $2,745.88, plug-in transmitter $795.00, Body pack transmitter with mic $1,325.43.

# 25     Source of Revenue – Unrestricted Fund Balance $6,800.00 Expenditures

            (3102) Sheriff – Law Enforcement (508002) Lease of building $6,800.00

To allow for payment of rent for home near Sheriff’s Office for seven (7) months at $850.00 per month plus $850.00 deposit.

Supervisor Kilgore asked for a printout of the budget amendments that have been made this year.

Administrator Scott noted that this is done ever year at the beginning of January.

IN RE:  APPOINTMENT – LONESOME PINE YOUTH SERVICES BOARD

A motion was made by Steve Bates, seconded by J. H. Rivers, to reappoint Teresa Adkins to the Lonesome Pine Youth Services Board for a term of four (4) years.  The motion was unanimously approved.

It was the consensus of the Board to table the appointment of Joyce Diane McReynolds Caudill until next month.

It was the consensus to the Board to table the appoint of Tanya Rea McReynolds until next month since there is a question as to whether or not she is eligible to serve another term if she has graduated.

IN RE:  APPOINTMENT – PLANNING COMMISSION

It was the consensus of the Board to table this appointment until the return of Supervisor Robbins at next month’s meeting.

IN RE:  APPOINTMENT – IDA

A motion was made by Ronnie Shortt, seconded by Steve Bates, to appoint Jerry Baker to the Wise County IDA for a term of four (4) years.  The motion was unanimously approved.

There was some discussion on the ending date of appointments.  After discussion, it was the consensus of the Board to make this a part of its Organizational meeting in January.

IN RE:  CLOSED SESSION

A motion was made by Ronnie Shortt, seconded by Dana Kilgore, to go into closed session to discuss personnel, investing of public funds, and legal matters as permitted by Section 2.2-3711(A)(1)(A)(6) and (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 Virginia Meador, 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)

RECESS

The Board took a brief recess at 9:10 p.m.

The meeting reconvened at 9:20 p.m.

IN RE:  CFO POSITION

A motion was made by J. H. Rivers, seconded by Dana Kilgore, to authorize the County Attorney to negotiate with the candidate that was discussed in closed session for the position of the Chief Financial Officer for Wise County.  The motion was unanimously approved.

IN RE:  COUNTY ADMINISTRATOR’S REPORT

Administrator Scott reported that he had spoken with the IDA and communications have been made to see that a policy is established whereby commercial real estate can be offered to commercial real estate owners in each of our towns.

BOARD COMMENTS

There were few comments from Board members.

Chairman Adkins announced that the Duffield Development Authority (DDA) is in the process of dissolving its operation.  Since the County has been a partner of this Authority for many years, it has received a check for its dividends in the amount of $333,333.33.  Further dividend payments will be forthcoming at the end of June 2009.  Other partners in the DDA will also receive their dividends.

ADJOURN

A motion was made by J. H. Rivers, seconded by Dana Kilgore, to adjourn the meeting.  The motion was unanimously approved.

ATTEST:                                             WISE COUNTY BOARD OF SUPERVISORS

 

_____________________________  ______________________________________
Shannon C. Scott, Clerk                                   Robert R. Adkins, Chairman

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