Board of Supervisors - February 22, 2010 Regular Meeting

Home ] Up ]

The Wise County Board of Supervisors met in a Regular meeting on Monday, February 22, 2010 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, Chairman
Honorable Dana Kilgore, Vice-Chair
Honorable Ronald L. Shortt
Honorable Steve Bates
Honorable Robert E. Robbins, Jr.
Honorable Virginia Meador
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

ABSENT

Honorable Fred Luntsford

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 Virginia Meador, to approve the minutes as presented.  The motion was unanimously approved.

AGENDA

Chairman Rivers noted three additions to the agenda as follows:

  • Ordinance Tax Exempt Status for Educational Media Foundation

  • Resolution Commending the Utilization of Information Technology

  • Authorize letter to Dickenson County IDA – Agricultural Center

Also, the Resolution Opposing SB30 & HB30 has already been adopted and should be removed from the agenda.

A motion was made by Dana Kilgore, seconded by Bob Adkins, to approve the agenda with the additions as listed above and the removal of the Resolution Opposing SB30 & HB30.  The motion was unanimously approved.

IN RE:  ROADS AND HIGHWAYS

Residency Administrator T. G. Branson reported that a district wide contract is being developed to remove trees/debris that has fallen on the R-O-W of the roadways.

Board members presented needs in their districts for VDOT review and response.

PUBLIC EXPRESSION

Juanita Sneeuwjagt, a resident of South of the Mountain Road, Clintwood, VA and President of the Committee for Constitutional and Environmental Justice, addressed the Board concerning the gas industry and its control over the natural gas in Buchanan, Dickenson and Wise Counties.  She explained the permitting process and the loss of control that the property owners have over coal located on their property. She reviewed the formula used between the gas company and the land owner for the sale of the gas.  If the land owner wishes not to allow the taking of his resources, the gas company asks the VA Gas and Oil Board to force-pool the gas under the land owner’s land.  This request is always approved.  Ms. Sneeuwjagt further stated that Terry Kilgore’s HB1344 requests that a judge chosen by DGO choose an attorney to arbitrate between conflicting claimants (Surface/gas owner vs coal companies who wish a 50/50 split, because they claim the coal bed methane gas comes from the coal they own).  The surface/gas owner then would have to pay the attorneys fees to lay claim to what already belongs to him.  The Supreme Court ruled, (Harrison-Wyatt, LLC vs Ratliff) that the coal owner does not own the coal bed methane gas unless it has been expressly conveyed in a previous deed or title agreement.  The rights of the people are being taken away by greed of the gas companies.

Ms. Sneeuwjagt, speaking on behalf of the Committee for Constitutional and Environment Justice, asked that the Board contact Delegate Kilgore to “kill” his HB1344.  This is an injustice to the property owners.

Dorothy _________________, a resident of Stonega Road, told the Board that three (3) coal companies have destroyed her home.  The blasting, dust, and water from the mining operations forced her to move as well as others in her community.  Their church was demolished.  The run off from the mines contaminated the streams and the water was polluted and undrinkable.   By breathing the uncontrollable dust, she developed lung cancer which required removal of a third of her lung.  Six others have also died from cancer.  She asked the Board’s assistance in stopping the mountain top removal if at all possible.

Mary Kelly, a resident of District 4, voiced her opposition to HB849 regarding 4-wheelers.  She explained the problems that she has incurred with 4-wheelers and the devastation to her property as well as others and to the strip mine area that had been reclaimed and given back to the landowners.  At times, the 4-wheelers would “moon” residents and run through their gardens. There was no respect for the property owners.  If this bill passes, she noted that the Board can expect to have deaths, and many accidents involving innocent people since 4-wheelers are not required to have tags.  On another note, she voiced her opposition to mountain top removal and the loss of homes, water and the beauty of our county. 

Danny Stallard, a resident of Hurricane, addressed the Board regarding SB564.  He stated that Chairman Rivers did the right thing by not having public expression for the Special Called meeting held on February 4, 2010.  In the past, the Board has not allowed public expression for Special Called meetings.  To add that to the agenda for a few in attendance, would be unfair to others that would have spoken if they knew that public comments would be allowed..

Mr. Stallard addressed the Board concerning strip mining which is a livelihood for many in this area.  Without it, our County would be devastated since coal is our primary resource.  He spoke briefly on several factors that contribute to our stream pollution in this area. 

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

IN RE:  CONSENT AGENDA

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

IN RE:  SPECIAL USE PERMIT – CEMETERY – WILLIAM KELLY

Set a public hearing (March 4, 2010 @ 6:00 p.m.) on a request from William Kelly Stidham for a Special Use Permit for a private/family cemetery

IN RE:  RESOLUTION – AMENDMENT TO ENTERPRISE ZONE

Approved resolution authorizing the preparation and submission of an application for amendment to Enterprise Zone

RESOLUTION #                      2010

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

The motion to approve the consent agenda was unanimously approved.

IN RE:  CIP PLAN

Financial Administrator David Cox asked that this item be placed on the March agenda.

IN RE:  SPECIAL USE PERMIT – CEMETERY –WADE SHORT

A public hearing was held on February 4, 2010 to receive citizens’ comments regarding a request from Wade Short for a Special Use Permit to establish a private/family cemetery on property located on Wilderness Path Road, north of the Town of Pound in the Old Mill Community.

There was no opposition to the proposed cemetery request.

A motion was made by Ronnie Shortt, seconded by Bob Adkins, to approve the Special Use Permit for a private/family cemetery as requested by Wade Short.  The motion was unanimously approved.

IN RE:  ORDINANCE AMENDMENT – ENTERPRISE ZONE

A second public hearing was held on February 4, 2010 to receive citizens’ comments regarding a proposed amendment to Ordinance #6-2002, Local Enterprise Zone.

There was no opposition to the proposed amendment.

A motion was made by Ronnie Shortt, seconded by Steve Bates, to approve the proposed amendment to Ordinance #6-2002 as presented.  The motion was unanimously approved.

IN RE:  ORDINANCE –TAX EXEMPT STATUE-EDUCATIONAL MEDIA FOUNDATION

A public hearing was held on February 4, 2010 to receive citizens’ comments regarding a proposed tax exempt status for the Educational Media Foundation for broadcasting equipment located in Coeburn, VA.

There was no public opposition to the proposed exemption.

A motion was made by Bob Adkins, seconded by Ronnie Short, to adopt the ordinance approving a tax exempt status for the Educational Media Foundation as requested.  The motion was unanimously approved.

ORDINANCE #                          2010

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

IN RE:   RIVERVIEW SEWER TRANSFER

Attorney Mullins explained that the documents to transfer the Riverview Sewer from the County to the PSA have been completed.  PSA Director Danny Buchanan and Wayne Watts,_____Title are reviewing the documents for any changes.  This item will be on the March agenda for Board consideration.

IN RE:  APPOINTMENT – LONESOME PINE YOUTH SERVICES BOARD

Ronnie Shortt nominated Candace Shortt for re-appointment to the Lonesome Pine Youth Services Board.

Bob Adkins made a motion that nominations cease.  The motion was unanimously approved.

Candace Shortt was re-appointed to the Lonesome Pine Youth Services Board by acclamation.

IN RE:  RESOLUTION-COMMENDING UTILIZATION OF INFORMATION TECHNOLOGY

A motion was made by Ronnie Shortt, seconded by Bob Adkins, to approve the resolution utilizing information technology to make the county more efficient in its efforts to serve our citizens.  The motion was unanimously approved.

RESOLUTION #                  2010

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

IN RE:  AGRICULTURAL CENTER

A motion was made by Ronnie Shortt, seconded by Virginia Meador, to authorize the Chairman to sign letter to the Dickenson County IDA supporting the construction of the Coalfield Regional Agricultural Marketing Center.  The motion was unanimously approved.

RECESS

A brief recess was taken at 6:50 p.m.
The meeting reconvened at 7:02 p.m.  

IN RE:  CLOSED SESSION

A motion was made by Ronnie Shortt, seconded by Bob Adkins, to go into closed session to discuss personnel per Code Section 2.2-3711(A)(1) and investing of public funds per Code Section 2.2-3711(A)(6) as permitted by the Code of Virginia.  The motion was unanimously approved.

After a lengthy closed session a motion was made by Ronnie Shortt, seconded by Bob Adkins, 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 Bob Adkins, seconded by Steve Bates, to approve the resolution verifying matters discussed while in closed session.  The motion was unanimously approved by roll call vote.

RESOLUTION #                2010

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

IN RE:  UNDISCLOSED PROPERTIES APPRAISALS

A motion was made by Ronnie Shortt, seconded by Dana Kilgore, to authorize the Financial Administrator to secure appraisals on undisclosed properties as discussed in closed session.  The motion was unanimously approved.

REPORTS  

Reports were given by the Financial Administrator, County Attorney, and the County Administrator.

IN RE:  AGENDA AMENDMENT

Supervisor Shortt asked for Board support for SB329 in the form of a letter or resolution. This bill increases the civil court filing fees collected by the Clerk and thereby earmarking the fee increase funds to support the Sheriff, Commonwealth’s Attorney and constitutional offices.

Attorney Mullins explained that there must be a unanimous approval from the Board to make an amendment to the agenda to add this item for Board action.

A motion was made by Ronnie Shortt, seconded by Dana Kilgore, to amend the agenda to add this item for consideration by the Board.  The motion was unanimously approved.

IN RE:  SENATE BILL 329 – LETTER OF SUPPORT

A motion was made by Ronnie Shortt, seconded by Dana Kilgore, to authorize the Chairman and County Administrator to execute a letter in support of Senate Bill 329 addressed to Delegate Terry Kilgore and copies sent to local legislators. 

Aye-    Bob Adkins                 Nay- None                   Abstain-Virginia Meador
            Steve Bates
            Ronnie Shortt
            Robby Robbins
            Dana Kilgore
            J. H. Rivers

Motion carried.

BOARD COMMENTS

There were some comments regarding tree removal from the streams and roadways. 

Board members expressed the need for citizens and churches to support the MEOC fuel fund which has been depleted due to extensive winter weather.  

Chairman Rivers noted that the General Assembly is asking JLARC to look into consolidation of services specifically in the school districts and local governments.  With the need to be conservative and looking at cost savings to balance the budget, he asked that the Board consider looking into consolidation services for the County as a means of cutting costs.

ADJOURN

There being no further business, a motion was made by Dana Kilgore, seconded by Ronnie Shortt, to adjourn the meeting.  The motion was unanimously approved.

ATTEST:                                             WISE COUNTY BOARD OF SUPERVISORS

 

________________________________        ________________________________________
Shannon C. Scott, Clerk                                   J. H. Rivers, Chairman

 

Back to Top

 
© Wise County, Virginia. All Rights Reserved. Try our Guide to Services, County Directory or Search pages. 
206 East Main Street • Wise, Virginia 24293 • Phone: 276-328-2321 • Fax 276-328-9780. Privacy Policy
For suggestions, comments, or questions about this website, please contact our webmaster.
Designed WebWorx, Inc.