Board of Supervisors - September 10, 2009 Regular Meeting

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The Wise County Board of Supervisors met in a Regular meeting on Thursday, September 10, 2009 at 6:00 p.m. in the Board of Supervisors meeting room located in the Wise County courthouse.  The following were present:

Honorable Robert E. Robbins, Jr., Chairman
Honorable J. H. Rivers – Vice-Chairman
Honorable Virginia Meador
Honorable Dana Kilgore
Honorable Steve Bates
Honorable Ronald L. Shortt
Honorable Fred Luntsford
Honorable Robert R. Adkins, members of said Board and
Shannon C. Scott – County Administrator
David L. Cox – Financial Administrator
Karen T. Mullins – County Attorney
Annette Underwood – Executive Secretary

PRAYER

T. G. Branson led the prayer.

PLEDGE

All led in the pledge of allegiance to the flag.

MINUTES

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

IN RE:  AGENDA ADDITIONS

A motion was made by Fred Luntsford, seconded by Virginia Meador, to approve the agenda as presented. 

Supervisor Kilgore asked that the budget amendments be placed under new business for discussion.

Supervisor Luntsford noted that the purpose for placing the budget amendments under the consent agenda was to shorten the meetings.  If for some reason there needed to be discussion on any one of the amendments, it could be placed under new business for discussion.  However, he would amend his motion to approve the agenda excluding budget amendment #4. 

J. H. Rivers seconded the motion.  The motion was unanimously approved 

IN RE:  ROADS AND HIGHWAYS

There were no remarks from VDOT.

Board members voiced their appreciation to Residency Administrator T. G. Branson for all the good work that has been done by VDOT.

Mr. Branson responded to several requests for VDOT review.

PUBLIC EXPRESSION

Adams Wall of Norton and Lara Miller of Wise voiced their support for wind and solar energy and other forms of self sufficient energy sources.

Walter Crouse, a resident of Wise, stressed the need to stop littering in Wise County and asked that citizens be supportive in keeping our road sides free of litter which will enhance the efforts being made toward bringing tourism into our area.  He also supports wind and solar energy, green houses, and the power plant in Virginia City.  School consolidation was also a concern for him.

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

IN RE:  COURTHOUSE EXTERIOR UPDATE

Mike Ball, contractor, provided the Board with a power point presentation on the progress of renovations to the exterior of the courthouse.  The project is 90% complete at this time.  There have been three (3) change orders that were covered under the contingency funds in the original contract.  The completion date for the exterior renovation is scheduled for September 30, 2009.  Upon completion, the project will be $15,449.00 under budget.  Mr. Ball noted that the project appears to be completed on time and under budget

Mr. Ball pointed out several weak areas in the roof portion of the building that would need to be placed in future plans for repair.

It was suggested that the annex portion of the courthouse be cleaned as was the front part of the courthouse.

Mr. Ball noted that he has received an estimate on cleaning the annex portion and it will be on Mr. Scott’s desk on Friday morning for review.

IN RE:  COURTHOUSE PARKING NEEDS

Bill Thompson, representing Thompson and Litton, Inc., told the Board that parking has been an issue around the courthouse for years and as more offices have moved in and expanded and with an increase in court cases, the problem has grown worse.

Several scenarios were reviewed which included moving some offices out of the courthouse to another complex, tearing down the old jail and building more office space, and/or build a parking garage.  With the opening of the Inn, there will be an increased need for more parking and a loss of spaces now available for courthouse use.

Mr. Thompson noted that the $700,000 that has been given by DHCD for the Wise Inn is contingent upon the parking needs being addressed.

IN RE:  FLU PANDEMIC PREPAREDNESS

Dr. Cantrell provided the Board with a power point presentation on safety measures that can be taken to protecting oneself from the flu.  She reviewed and explained the following types of flu, steps to take to be prepared, when to see the doctor and when not:

  • Seasonal and new strains of flu

  • Avian or Bird flu

  • H1N1 flu

  • Pandemic flu

The many ways of preventing the flu were reviewed, which included vaccines, antiviral drugs and masks.

IN RE:  CONSENT AGENDA

A motion was made by Bob Adkins, seconded by J. H. Rivers, to approve the following items under the consent agenda excluding budget amendment #4.  The motion was unanimously approved.

IN RE:  ALLEYWAY ABANDONMENT- TUCKER AND COLLINS

Approved the two (2) “paper” alleyway abandonment/closures as follows:

Shane Tucker – an unopened 20 ft alley between 27th street and 28th street in the Southern section of Big Stone Gap.  All adjacent property owners have signed a petition and there are no utilities along the alley.
 
Stella Collins – an unopened 50 ft. alley behind Ms. Collins house to allow sewer lines be installed to meet her septic system requirements.  This is on Union Hall Road in the Guest River area.  There are no utilities in the alley and does not impact access to other properties.

IN RE:  ORDINANCE TO CLARIFY SECTION 1-5 OF CODE OF VIRGINIA

Approved the ordinance clarifying Section 1-5 of the Code of Virginia regarding the establishment of specific procedures for the industrial development authority.

ORDINANCE #                          2009

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

IN RE:  AGREEMENT – STILL PRODUCTIONS

Approved an agreement with Still Productions for operating the County public access channel for broadcasting of local public programming for Wise County and setting forth more accurately detail terms for said agreement.

IN RE:  RESOLUTION OF SUPPORT – NATIONAL RECREATION TRAILS AND RIVERS

Approved the resolution supporting the establishment of the Roaring Branch as Virginia’s first Wild River as recommended by the Revised Management Plan for the Jefferson National Forest.

RESOLUTION #                          2009

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

IN RE:  FRAUD POLICY FOR WISE COUNTY

Approved the Wise County Fraud Policy for the purpose of prohibiting dishonest and or fraudulent activity and to establish procedures for reporting fraudulent activities to the County Administrator, County Financial Administrator, and the County Administrator.

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

 IN RE:  ZONING ORDINANCE #2-1991 AMENDMENT – WIND MILLS

A public hearing was held on Thursday, September 3, 2009 to receive citizens’ comments regarding a proposed amendment to Wise County’s Zoning Ordinance #2-1991 for the purpose of allowing wind energy systems in the A-RR District.

There was no opposition to the proposed amendment.

A motion was made by Dana Kilgore, seconded by J. H. Rivers, to approve the amendment to Zoning Ordinance #2-1991 allowing wind energy systems in the A-RR District as presented.  The motion was unanimously approved.

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

IN RE:  RESOLUTION – ELK

A letter was received from Charles Yates, Ninth District Representative, VA Department of Game and Inland Fisheries regarding elk restoration projects in Wise County.  Restoration has occurred mostly on surface mine land in eastern Kentucky similar to the coalfields of southwest Virginia.  Because of the many similarities of the eastern Kentucky coalfields and the southwest Virginia coalfields, Mr. Yates is interested in supporting the restoration of elk in the coalfields of southwest Virginia, provided the local government is willing to support such an initiative.

Board members voiced the negative responses they have received from their constituents’ on bringing elk into Wise County.  Some concerns were, not enough food, spread of disease, destruction of forestry trees, and destruction of farm land.

Amy Fannon, VPI Extension, stated that there is a concern regarding the transmission of diseases from the elk.  She explained problems that have been encountered by other states.

A motion was made by Ronnie Shortt, seconded by Fred Luntsford, to authorize the County Administrator to prepare a resolution opposing the introduction of elk in Wise County.  The motion was unanimously approved.

RESOLUTION #                     2009

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

 IN RE:  TRAIL PROJECT – POWELL RIVER – BIG STONE GAP - APPALACHIA

A motion was made by Ronnie Shortt, seconded by Dana Kilgore, to approve the acceptance of the deed for the Powell River, Big Stone Gap, Appalachia Trail Project subject to the conditions of the Proffer being satisfactorily approved by the attorney

IN RE:  BUDGET AMENDMENT #4

A motion was made by Fred Luntsford, seconded by Ronnie Shortt, to approve budget amendment #4 as follows:

#4 – Is to restore funding requested for ADP equipment & software.  Circuit Court Clerk requested this amount in the original budget.  However, the capital outlay amount of $50K was keyed over this line item.  This error was not discovered during the draft budget review.  The Circuit Court Clerk has asked for the restoration of this amount. (Note the $50K was approved in the 5 year CIP)

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

Motion carried.

IN RE:  APPOINTMENT – TOURISM COMMITTEE

A motion was made by Steve Bates, seconded by Bob Adkins, to appoint Loretta Mays to the Tourism Committee for a term of four (4) years.  The motion was unanimously approved.

IN RE:  APPOINTMENT – COAL & GAS ROAD IMPROVEMENT ADVISORY COMMITTEE

Virginia Meador nominated Donald Ratliff for reappointment to the Coal & Gas Road Improvement Committee.

J. H. Rivers made a motion that nominations cease.  The motion was unanimously approved.

Donald Ratliff was recommended for reappointment by acclamation.

RECESS

The Board took a brief recess at 7:45 p.m.
The meeting reconvened at 7:55 p.m.

IN RE:  CLOSED SESSION

A motion was made by Dana Kilgore, seconded by Bob Adkins, to go into closed session per the following:

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

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

The motion was unanimously approved.

After a lengthy closed session, a motion was made by Bob Adkins, seconded by Ronnie Shortt, to reconvene the 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 Dana Kilgore, 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:  WATER PROBLEM – INDIAN CREEK

A motion was made by Dana Kilgore, seconded by Ronnie Shortt, to authorize Attorney Mullins to proceed with the Saw Mill Hollow project due to health and safety issues.  The motion was unanimously approved.

OTHER

  • Administrator’s Report

  • Financial Administrator’s Report

  • County Attorney’s Report

  • Board Comments

ADJOURN

A motion was made by J. H. Rivers, seconded by Ronnie Shortt, to recess this meeting until Wednesday, September 16, 2009 at 5:00 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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