Board of Supervisors - July 15, 2010 Regular Meeting

Home ] Up ]

The Wise County Board of Supervisors met in a Regular Meeting on Thursday, July 15, 2010 at 3:00 p.m. in the Board of Supervisors meeting room located in the Wise County Courthouse.  The following members were present:

Honorable J. H. Rivers, Chairman
Honorable Dana Kilgore, Vice-Chair
Honorable Virginia Meador
Honorable Ronald L. Shortt
Honorable Robert E. Robbins, Jr.
Honorable Steve Bates
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, Legal Administrator
Annette Underwood, Executive Secretary

PRAYER

Shannon Scott led in prayer.

PLEDGE

All led in the pledge of allegiance to the flag.

MINUTES

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

IN RE:  AGENDA / ADDITIONS

Chairman Rivers noted the following additional items to be placed on the Agenda.

  • Resolution Removal of Bridge on Business Rt. 23

  • Appointment – Wise County PSA- Fill unexpired term of Jim Flanary (Deceased)

Supervisor Robbins asked that the following items be moved to the August Board meeting:

  • Resolution Independent Review of Expenses & Revenues of Wise County

  • Resolution Regarding School Consolidation

Chairman Rivers asked that the Joint meeting discussion between Wise County School Board and the Wise County Board of Supervisors be moved to the August Agenda.

A motion was made by Ronnie Shortt, seconded by Bob Adkins, to approve the agenda as amended.  The motion was unanimously approved.

ROADS AND HIGHWAYS

Administrator Scott received road requests from Board members for VDOT review and response.

PUBLIC EXPRESSION

Walter Crouse, resident of the Hurricane area, spoke on the following:

  • Opposing Elk introduction into Wise County

  • Schools consolidation. Regional would be best

Harold Greear, resident of Pound, spoke on the following:

  • Curriculum in school

  • Opposition to Elk being introduced into Wise County

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

IN RE:  SCHOOL FUNDING/DEBT MANAGEMENT

David Rose, representing Davenport & Company LLC, addressed the Board with a power point presentation on the current market borrowing conditions and an update of debt affordability based on current market conditions, Federal stimulus funding options, other potential revenue sources (e.g. School Board), and expected Dominion power plant revenues.

He explained that in the current construction environment, local government project bids received have been well below engineering estimates.  The following Programs that are available under the ARRA can further reduce the cost of borrowing:

  • Build America Bonds allows local governments to issue taxable debt and receive a 35% subsidy on the interest from the federal government.  This program is set to expire in December 2010

  • Qualified School Construction Bonds (QSCB) represent a once in a lifetime opportunity to borrow at or below market rates (e.g. at/near 0%) for school capital projects.  May be used for school renovations, new construction, and/or land purchase.  Debt service structure is highly flexible and can be tailored to meet the County’s cash flow circumstances, as well as to comply with debt policies or guidelines.  The total QSCB allocation remaining for Virginia school projects is $202.3M.  The allocation of the remaining $203.3M to Virginia local governments will be decided by the Governor’s Office following the issuance of an “Executive Order” to come later this Summer. Mr. Rose explained the QSCB funding timeframe.

The following topics were reviewed and discussed:

  • Potential School Program Debt Affordability: (Note)  School affordability figures reviewed are in addition to approximately $24M of other debt funded projects, including a $12M Courthouse

  • Potential Debt Ratios:  Debt Per Capita (Result) County is back in compliance with debt per capita ratio just after the 5-year CIP period

  • Potential Debt Ratios:  Debt to Assessed Value (Result) County is back in compliance with debt to assessed value ratio just after the 5-year CIP period

  • Potential Debt Ratios:  Debt Service vs. Expenditures (Result) County is in compliance with Debt Service to Expenditures Ratio throughout the 5-year CIP period

Mr. Rose stated that State (Literary Loans) and Federal (QSCB) participation increases borrowing capacity and decreases overall interest cost.  He reviewed the following:

  • The County can apply QSCBs and Literary loans to both new construction and school renovation

  • In order to take advantage of Federal funds, the County needs to request allocation from the Governor’s Office.  Funds are limited and will be on a “first come – first served” basis

  • Applying for QSCB allocation does not lock the County into any project or borrowing.

Current interest rates and construction cost are at or near historical lows.

  • A 1% increase in Literary Loan Rate or traditional borrowing rates would equate to approximately 1cent on the real estate tax

  • For every $10M of QSCBs, the County could save approximately $6M or more on avoided debt service payments.

  • The current construction bidding environment has shown school and other major construction projects to be upwards of 25% below previous Engineering estimates.

Mr. Rose noted that every two years the composite index is re-visited.  If the Board waits to make their decision, they run the risk of seeing the composite index go up.  He said that all his focus has been, when he ran these numbers, is that the composite index stays at 2%.

IN RE:  CONSENT AGENDA

A motion was made by Robby Robbins, seconded by Bob Adkins, to approve the following consent agenda items:

IN RE:  REZONING REQUEST

Set public hearing (August 5, 2010@ 6:00 p.m.) on a request from Bear Creek Builders, LLC for rezoning property located at the end of Red Rock Road off Airport Hollow Road in Wise.

IN RE:  SPECIAL USE PERMIT

Set public hearing (August 5, 2010 @ 6:00 p.m.) on a request from John A Marko for a Special Use Permit for property located on Little Tom Road off Banner Mountain Road in Coeburn.

IN RE:  BANK ACCOUNTS CLOSURE

Approved the request for Treasurer Delores Smith to close the following bank accounts to be combined with other primary government funds:

  • Emergency 911

  • Landfill Enterprise

  • Sewer Enterprise

The motion to approve the consent agenda was unanimously approved.
 
IN RE:  RESOLUTION – OPPOSING ELK INTRODUCTION

Regarding the introduction of Elk into Wise County, Attorney Mullins reported that the Board does not have the authority to adopt an ordinance on this issue since that would supersede the action of a State agency.  The County only has authority given through the Legislature and through statute.  However, the Board could ask that new legislation be introduced to allow the County to address this issue.  The County is bound by the Dillon Rule.  Ms. Mullins further noted that several other counties are considering sending delegations of different members of the community as well as government officials to speak at the public hearing to be held in August regarding the Elk to indicate that it is the consensus of their Boards that they are in opposition to the Elk restoration. 

A motion was made by Robby Robbins, to approve the resolution as presented with additional language that the Board supports option 1 of the Operational Plan for Elk Management in Southwestern Virginia to further strengthen the Board’s opposition to the introduction of Elk into Wise County.  Ronnie Shortt seconded the motion. 

Administrator Scott suggested that the resolve portion of the resolution could read “that the BOS absolutely resent any action taken by the Division of Inland Game and Fisheries which is apparently against the wishes of the people and the actions of the local governing body.”  He further suggested that the Board may want to send representatives to the public hearing to voice the County’s opposition along with the resolution.

Supervisor Robbins and Supervisor Shortt accepted this verbage as a friendly amendment to the motion.

It was noted by some of the Board members that some of their constitutions’ were for the Elk and some were not.
 
The motion was unanimously approved.

RESOLUTION #                  2010

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

IN RE:  RESOLUTION – REVENUE SHARING – RT 757

A motion was made by Dana Kilgore, seconded by Bob Adkins, to approve the resolution requesting the project to improve State Route 757 be designated as an eligible revenue sharing project.  The motion was unanimously approved.

RESOLUTION #            2010

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

IN RE:  RESOLUTION OF RECOGNITION – TREASURER DELORES SMITH

A motion was made by Dana Kilgore, seconded by Virginia Meador, to approve the resolution honoring Wise County Treasurer, Delores Wilson Smith upon her recognition by the Treasurers’ Association of Virginia as “Treasurer of the Year for 2010.”  The motion was unanimously approved.

RESOLUTION #               2010

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

IN RE:  RESOLUTION-IDA FINANCING FOR JUSTICE CENTER

A motion was made by Bob Adkins, seconded by Robby Robbins, to adopt the resolution approving the IDA financing for the acquisition and renovation for the Justice Center.  The motion was unanimously approved.

RESOLUTION #                   2010

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

IN RE:  RULES AND PROCEDURES AMENDMENT

Chairman Rivers asked that the following changes (in bold) be made to Section 1-4 Quorum and Method of Voting of the Board’s Rules and Procedures: 

Section 1-4  Quorum and Method of Voting

At any meeting, a majority of the total membership of supervisors shall constitute a quorum.  All questions submitted to the Board for decision shall be determined by a viva voice vote of a majority of the total membership.  All questions of $1,000,000.00 or more shall be determined by a viva voice vote of a majority of the total membership with all members present, the name of each member voting and how he or she voted must be recorded.

Attorney Mullins explained that this amendment would require all members to be present but would require five votes for anything over $1M.  This meaning that it would require the vote of the majority of the total Board and not the vote of the majority of a quorum present if it be less than the whole Board.

A motion was made by Robby Robbins, seconded by Virginia Meador, to approve the amendment as stated.

There was a lengthy discussion on whether or not this amendment would be in the best interest of the total Board. 

Chairman Rivers explained that his reason for wanting this change is because concerns have been expressed from Board members that votes have been taken on the school issues without the full Board being present.

Supervisor Shortt offered a friendly amendment to the motion that the first part of the amendment remain and take out “all members present.”

There was no response to the friendly amendment.

Attorney Mullins spoke of the “Gentleman’s Agreement” that has always been honored by prior Boards but was never adopted as part of the Board of Supervisors Rules and Procedures.

After further discussion, Chairman Rivers called for a vote on the motion to approve the amendment to the Rules and Procedures as presented.

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

Motion failed.

A motion was made by J. H. Rivers to approve the amendment deleting the language “all questions of $1M or more.”  Virginia Meador seconded the motion.

Supervisors Kilgore made a substitute motion to table this item until the August meeting.  Fred Luntsford seconded the motion.  The motion was unanimously approved.

Supervisor Luntsford left the meeting at this time.

IN RE:  BUDGET AMENDMENT

A motion was made by Ronnie Shortt, seconded by Bob Adkins, to approve the following budget amendment:

#1- - Item Conservation Grant –(Clerk of Circuit Court)---      $4,970.00

The motion was unanimously approved.

IN RE:  RESOLUTION – WEST NORTON BRIDGE

A motion was made by Ronnie Shortt, seconded by Steve Bates to approve the resolution concurring with the method of maintaining traffic during the removal of the current bridge located on Business 23 in the West Norton section of Wise County.  The motion was unanimously approved.

RESOLUTION #                           2010

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

IN RE:  APPOINTMENT-COMMUNITY POLICY & MANAGEMENT BOARD

A motion was made by Robby Robbins, seconded by Ronnie Shortt, to appoint Brenda Lee to fill the unexpired term of Tenna Ray on the Community Policy & Management Board.  The motion was unanimously approved.

IN RE:  APPOINTMENT-LENOWISCO DISABILITY SERVICES BOARD

A motion was made by J. H. Rivers, seconded by Bob Adkins, to re-appoint Gary Gilliam to the LENOWISCO Disability Services Board.  The motion was unanimously approved.

IN RE:  APPOINTMENT – MOUNTAIN EMPIRE COMMUNITY COLLEGE BOARD

A motion was made by Dana Kilgore, seconded by Robby Robbins, to table this appointment until the August meeting.  The motion was unanimously approved.

IN RE:  APPOINTMENT-PLANNING COMMISSION

A motion was made by Bob Adkins, seconded by Steve Bates, to re-appoint Lee Turner to the Planning Commission.  The motion was unanimously approved.

BREAK

The Board took a brief recess at 5:30 p.m.

The meeting reconvened at 5:40 p.m.

IN RE:  APPOINTMENT – MOUNTAIN EMPIRE COMMUNITY COLLEGE BOARD

A motion was made by Robby Robbins, seconded by Dana Kilgore, to re-visit the appointment to the MECC Board.  The motion was unanimously approved.

A motion was made by Dana Kilgore, seconded by Robby Robbins, to appoint Delores Smith to the Mountain Empire Community College Board.  The motion was unanimously approved.

IN RE:  CLOSED SESSION

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

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

IN RE:  RESOLUTION – CLOSED SESSION

The certification for a closed meeting was read by Ms. Underwood.

A motion was made by Robby Robbins, seconded by Bob Adkins, 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)

ADJOURN

A motion was made by Ronnie Shortt, seconded by Robby Robbins, 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.