Board of Supervisors - August 13, 2009 Regular Meeting

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The Wise County Board of Supervisors met in a Regular meeting on Thursday, August 13, 2009 at 6:00 p.m. in the Board of Supervisors meeting room located in the Wise County courthouse.  The following were present:

Honorable J. H. Rivers – Vice-Chairman
Honorable Virginia Meador
Honorable Dana Kilgore
Honorable Steve Bates
Honorable Ronald L. Shortt
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

ABSENT

Honorable Robert E. Robbins, Jr., Chairman
Honorable Robert R. Adkins

PRAYER

T. G. Branson led in prayer.

PLEDGE

All led in the pledge of allegiance to the flag.

MINUTES

A motion was made by Fred Luntsford, seconded by Dana Kilgore, to approve the minutes as presented.  The motion was unanimously approved.

IN RE:  AGENDA ADDITIONS

Supervisor Rivers asked that personnel be added as an item to be discussed in close session.

A motion was made by Dana Kilgore, seconded by Virginia Meador, to approve the agenda as presented with the addition of personnel being added to the closed session.  The motion was unanimously approved.

IN RE:  ROADS & HIGHWAYS

Residency Administrator T. G. Branson gave the Board a brief update on the oil spill that took place in Pound on Rt. 23.

The resolution “Watch for Children” signs were reviewed.

IN RE:  RESOLUTION – WATCH FOR CHILDREN SIGNS RT 620

A motion was made by Ronnie Shortt, seconded by Dana Kilgore, to approve the resolution requesting the installation and maintenance of “Watch for Children” signs on Route 620.  The motion was unanimously approved.

RESOLUTION #                    2009

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

PUBLIC EXPRESSION

Elmer Phillips addressed the Board regarding the following issues:

  • Wind Farms

  • Jobs going overseas

Shirley Branson, a resident living on Indian Creek, repeated her request to the Board for some assistance in getting the drain pipes repaired/replaced that are no longer providing drainage from the Saw Mill Hollow Road community.  Her home is constantly being flooded when there is a heavy rain. 

Attorney Mullins advised the Board that she has some legal aspects on this matter which needs to be discussed in closed session.  After closed session she will talk with Ms. Branson and answer questions she may have.

___________ Hall, voiced her opposition to consolidation.  She was concerned with the cost and no mention of new classes to be offered.

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

IN RE:  CONSENT AGENDA

A motion was made by Steve Bates, seconded by Virginia Meador, to approve the consent agenda as follows:

IN RE:  ZONING ORDINANCE AMENDMENT

Approved setting a public hearing (September 3, 2009 @ 6:00 p.m.) on an amendment to Zoning Ordinance #2-1991 to allow wind energy systems in the A-RR District

IN RE:  RESOLUTION – PLANNING DISTRICT ONE BEHAVIORAL HEALTH SERVICES CONTRACT

Approved the resolution approving the Planning District One Behavioral Health Services FY 2010 contract

RESOLUTION #                        2009)

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

IN RE:  EMERGENCY OPERATIONS PLAN

Approved the updated Emergency Operations Plan for Wise County

IN RE:  BUDGET AMENDMENTS

Approved budget amendments #1 thru #3

The motion to approve the consent agenda was unanimously approved.

IN RE:  HEALTH DEPARTMENT HVAC SYSTEM

Attorney Mullins stated that communications have been received from John Ponish that ATS has completed the investigation stage of the design for the HVAC system for the health department.  The document design stage which is estimated to be completed by August 20 and then proceed with the bid advertisement.  As discussed when Mr. Ponish made his proposal to the Board, there has been an adjustment regarding some items that cannot be reused.  Due to the confidentiality with the contractor on these figures, they must be disclosed to the Board during closed session and cannot be made public at this time.

IN RE:  RECLAIMED RESOURCES MOU

Attorney Mullins stated that she does not have a modified document to be presented to the Board at this time.  It is hoped that there will be a document for the Board to review at its recessed meeting later this month.  She asked that this item be continued for discussion at that time.

IN RE:  APPOINTMENT – ENTERPRISE ZONE ADMINISTRATOR

A motion was made by Dana Kilgore, seconded by Fred Luntsford, to table the appointment of an Enterprise Zone Administrator until the Recessed meeting.  The motion was unanimously approved.

IN RE:  WISE INN UPDATE

Administrator Scott reported that there was a meeting held between the DHCD officials from Richmond, representatives from UVA-Wise, the Wise County IDA, LENOWISCO, and the Town of Wise regarding the Wise Inn Project.  At this meeting, conditions were set forth under which Wise County would be eligible for the $700,000 grant funding for the Wise Inn.  DHCD expects the project to be put on a much faster track than originally stated.  They are urging the IDA to begin looking for potential investors, developers and those that may be interested in operating the Inn once it has been completed. 

IN RE:  TOWN OF WISE UTILITY AGREEMENT

Administrator Scott stated that he, Attorney Mullins, and Financial Administrator Cox have been working on a potential amendment to the Town of Wise Utility Agreement.  He asked that this be discussed in closed session and further asked that no action be taken on this amendment until the Recessed meeting or until the September meeting.

Attorney Mullins clarified that this is not to modify the agreement to the Town of Wise but the policy that the County has with regard to collecting or addressing the fees that are in that document.

Vice-Chair Rivers recommended that this item be discussed in closed session and placed on the Recessed meeting agenda.

IN RE:  CITY OF NORTON UTILITY AGREEMENT

Administrator Scott directed the Board to a letter, in draft form, to City Manager Ernie Ward that he would suggest the Board review for comments.  He noted that the letter is for information purposes for the Board.

Vice-Chair Rivers stated that since the Board has not had ample time to review this letter, he suggested that it be taken up at the Recessed meeting.

Supervisor Kilgore said she had questions regarding the letter and asked that it be a part of discussion in closed session.

Attorney Mullins advised that certain aspects of the letter can be discussed in closed session.  However, since the letter has been given to the Board in open session, it now becomes public record.

IN RE:  APPOINTMENT – MECC

A motion was made by Virginia Meador, seconded by J. H. Rivers, to appoint Roy Dennis Sturgill to the MECC Board for a term of four years.  The motion was unanimously approved.

IN RE:  APPOINTMENT- COMMUNITY CRIMINAL JUSTICE BOARD

Ronnie Shortt nominated David Cox to represent Wise County on the Community Criminal Justice Board.

Fred Luntsford made a motion to close nominations.  Dana Kilgore seconded the motion.  The motion was unanimously approved.

David L. Cox was appointed to the Community Criminal Justice Board for a term of two years by acclamation.

IN RE:  APPOINTMENT-COMMUNITY POLICY & MANAGEMENT BOARD

Fred Luntsford nominated Donna Boggs for re-appointment to the Community Policy & Management Board.

Steve Bates made a motion that nominations cease.  Ronnie Shortt seconded the motion.  The motion was unanimously approved.

Donna Boggs was re-appointed to the Community Policy & Management Board for a term of 4 years by acclamation.

IN RE:  APPOINTMENT-LENOWISCO DISABILITY SERVICES BOARD

A motion was made by Virginia Meador, seconded by J. H. Rivers, to re-appoint Cathy Lambert to the LENOWISCO Disability Services Board for a term of three years.  The motion was unanimously approved.

IN RE:  APPOINTMENT-TOURISM COMMITTEE

A motion was made by Fred Luntsford, seconded by Ronnie Shortt, to appoint Elaine Swiney to the Wise County Tourism Committee for a term of four years.  The motion was unanimously approved.

A motion was made by Virginia Meador, seconded by J. H. Rivers, to re-appoint Stan Botts to the Wise County Tourism for a term of four years.  The motion was unanimously approved.

A motion was made by Steve Bates, seconded by Ronnie Shortt, to table the District 2 appointment to the Wise County Tourism Board until the Recessed meeting.  The motion was unanimously approved.

IN RE:  APPOINTMENT - IDA

A motion was made by Ronnie Shortt, seconded by Fred Luntsford, to appoint Shelly Logan to fill the unexpired term of Jerry Baker on the Wise County Industrial Development Authority.  The motion was unanimously approved.

IN RE:  CLOSED SESSION

A motion was made by Dana Kilgore, seconded by Virginia Meador, to go into closed session per the following as permitted by the Code of Virginia:

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

  • Section 2.2-3711(A)(7)  Legal matters

  • Section 2.2-3711(A)(1) Personnel

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 Dana Kilgore, seconded by Virginia Meador, to approve the resolution verifying matters discussed while in closed session.  The motion was unanimously approved by roll call vote. 

RESOLUTION #                 2009

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

IN RE:  BRANSON DRAINAGE PROBLEM

Vice-Chair Rivers advised that County Attorney Mullins has been directed to continue looking for a resolution to Ms. Branson’s drainage problem at her home located on Indian Creek in the Saw Mill Hollow community.

IN RE:  FINANCE ADMINISTRATOR’S REPORT

Finance Administrator David Cox advised the Board that he would be presenting the debt management policy at the Workshop meeting in September.

IN RE:  COUNTY ATTORNEY’S REPORT

Attorney Mullins reported that the Wise County Food Bank has relocated from Norton to an area in Esserville.

IN RE:  COUNTY ADMINISTRATOR’S REPORT

Administrator Scott reported on the following:

  • Oil spill in the Pound area

  • Visit to the Virginia City site

  • New location for the 911 center

  • ATV Trails

BOARD COMMENTS

There were several comments from Board members.

RECESS

There being no further business to come before the Board, a motion was made by Dana Kilgore, seconded by Virginia Meador, to recess the meeting until Wednesday, August 25, 2009 @ 6:00 p.m.  The motion was unanimously approved.

ATTEST:                                             WISE COUNTY BOARD OF SUPERVISORS

 

______________________________            ______________________________________
Shannon C. Scott, Clerk                                   Robert E. Robbins, Jr., Chairman

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