Board of Supervisors - August 12, 2010 Regular Meeting

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The Wise County Board of Supervisors met in a regular session on Thursday, August 12, 2010 at 6:00 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 Steve Bates
Honorable Robert E. Robbins, Jr.
Honorable Fred Luntsford
Honorable Robert R. Adkins
Honorable Ronald L. Shortt – members of said Board and
Shannon C. Scott – County Administrator
David L. Cox – County Financial Administrator
Karen T. Mullins – Legal Administrator
Annette Underwood – Executive Secretary

PRAYER

Ben Murphy, Pastor Wise First Church of God, 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 / DELETIONS

Supervisor Robbins asked that the following resolutions be tabled until next month:

  • Resolution Independent Review of Expenses & Revenues of Wise County

  • Resolution Regarding School Consolidation

Chairman Rivers asked that a Resolution Supporting the Special Election to fill the vacancy on the School Board be added to the agenda for discussion.

Robby Robbins made a motion to approve the agenda with the additions / deletions as stated.  Virginia Meador seconded the motion.

There were several comments from Board members saying that this is School Board business and the Board of Supervisor should not interfere and this is a decision of the Circuit Court Judge.  There was also some discussion on funding for a Special Election.

Attorney Mullins stated that she was not aware of the language in the proposed resolution and she understands that Chairman Rivers is only asking that the resolution be placed on the agenda for discussion.  However, the Special Election process is set by statute and the County would be required to pay the cost.  She noted that she had not looked at the statute specifically with regard to the School Board election.  She has only dealt with the procedure for a Special Election for the Board of Supervisors.  However, if there were to be a resolution adopted by this Board it would only show the position of the majority of the Board with regard to whatever the State Code requires.

Chairman Rivers thought it important to adopt the resolution to be presented to the Judge to let him know that funding for a Special Election was not included in the County budget for this year but the County is prepared to pay the cost.  This would give the citizens of District four (4) the opportunity to have a voice in their representative on the School Board.

There was concern from some Board members regarding the proposed resolution being discussed since there was no language before the Board for review.  It was suggested that a resolution be prepared for next month’s meeting at which time it could be discussed.

A substitute motion was made by Ronnie Shortt, seconded by J. H. Rivers, to approve the agenda as presented.  The motion was unanimously approved.

There were some comments made as to whether or not Mr. Shortt’s motion included the removal of the first two (2) resolutions under Old Business as requested by Supervisor Robbins.

Supervisor Shortt was with the understanding that his motion included the tabled items as noted by Supervisor Robbins.  After clarification of the motion stated, Mr. Shortt made a motion to re-consider his previous motion to approve the agenda as presented.  The motion failed for lack of second.

IN RE:  ROADS AND HIGHWAYS

Administrator Scott reported that only a couple of calls have come into the office for VDOT review.  He asked that citizens contact the Administrator’s Office if there are needs in their district and it will be forwarded to the VDOT Office review and response.

PUBLIC EXPRESSION

Donald Purdie, a resident of Wise, addressed the Board regarding school consolidation and providing more educational opportunities for our children. 

Walter Crouse, a resident of the Hurricane section of Wise, addressed the Board on the following:

  • Do away with Block Scheduling in the school system

  • Go with a Regional School System

  • Consolidate schools within its own area which would save administration and transportation costs

  • Keep litter off of highways

Harold Greear, a resident of the Pound area, spoke on school consolidation and the current condition of the schools throughout the County.

Byron Brown, a resident of Coeburn, spoke favorably on the smaller schools for a better education.  He expressed his concern for no A/C in some of the schools and the hardship this made on the students.

Connar McCoy, a resident of the Pound area, spoke on school consolidation and the different plans that have been discussed.

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

IN RE:  HEALTH DEPARTMENT IMPROVEMENT UPGRADE

John Ponish, Architect for ATS, briefed the Board on the A/C upgrade at the Health Department.  All electrical has been brought up to Code, the roof has been replaced, and the cost for the project has come in under budget.

IN RE:  NASA UPDATE

The DEVELOP students, provided a power point presentation on their NASA Develop Program and results of their summer Research Projects. 

IN RE:  CONSENT AGENDA

A motion was made by Bob Adkins, seconded by Ronnie Shortt, to approve the consent agenda items as follows:

IN RE:  PUBLIC HEARING NOTICE – E-911 ROAD NAMES

Set public hearing (Sept. 2, 2010 @ 6:00 p.m.) on 911 road name additions

IN RE:  RFP – CAPITAL EQUIPMENT PURCHASE

Authorized obtaining RFP’s for the Lease Purchase of Capital Equipment Items included in the FY 2010/11 Budget

IN RE:  RESOLUTION AUTHORIZING FINANCE OFFICER TO EXECUTE FUNDING ALLOCATIONS

Adopted resolution authorizing Finance Administrator to execute reimbursements and allocations of funds

RESOLUTION #                    2010

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

IN RE:  AUCTION OF SURPLUS VEHICLES

Authorized the sale of surplus County vehicles

IN RE:  RESOLUTION SUPPORT OF WILDERNESS ROAD

Approve the resolution supporting the designation of Wilderness Road

RESOLUTION #                     2010

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

IN RE:  RESOLUTION SUPPORTING FARMERS’ MARKET

Adopted the resolution supporting Farmers’ Market

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:  RESOLUTION INDEPENDENT REVIEW OF EXPENSES & REVENUES

A motion was made by Robby Robbins, seconded by Virginia Meador, to table the resolution on independent review of expenses & revenues of Wise County until the September meeting.  The motion was unanimously approved.

IN RE:  RESOLUTION SCHOOL CONSOLIDATION

A motion was made by Robby Robbins, seconded by J. H. Rivers, to table the resolution regarding school consolidation until the September meeting.  The motion was unanimously approved.

IN RE:  JOINT MEETING/WISE COUNTY SCHOOL BOARD/WISE COUNTY BOARD OF SUPERVISORS

No action taken.

IN RE:  RULES & PROCEDURES AMENDMENT

A motion was made by Fred Luntsford, seconded by Robby Robbins, to approve the amendment to the Rules and Procedures as presented. 

Supervisor Kilgore asked that the Rules & Procedures stay as previously written and she opposes any amendments.

Supervisor Bates noted that this item has already been voted on at last month’s meeting.

After further discussion, Supervisor Luntsford withdrew his motion and Supervisor Robbins withdrew his second.

Chairman Rivers commented that he offered this amendment because there were Board members very upset that a vote was taken with two (2) Board members being absent.  At this point, this amendment dies for lack of action.
 
IN RE:  REZONING - BEAR CREEK BUILDERS

A public hearing was held on August 5th to receive citizens’ comments regarding a request from Bear Creek Builders to rezone property for the purpose of building duplex dwelling units.  There was no opposition to the request.

A motion was made by Ronnie Shortt, seconded by Bob Adkins, to approve the request from Bear Creek Builders to rezone approximately 52 acres of property located at the end of Red Rock Road off of Airport Hollow Road for the purpose of building duplex dwelling units.  The motion was unanimously approved.

IN RE:  SPECIAL USE PERMIT / JOHN A. MARKO

A public hearing was held on August 5th to receive citizens’ comments regarding a request from John A. Marko for a Special Use Permit for the purpose of establishing a commercial boarding kennel on his property.  There was no opposition to this request.

A motion was made by Robby Robbins, seconded by Ronnie Shortt, to approve the request from John A. Marko for a Special Use Permit for the purpose of establishing a commercial boarding kennel on his property located on Little Tom Road off Banner Mountain Road in the Coeburn section of Wise County.  The motion was unanimously approved.

IN RE:  CONTRACT – DAVENPORT & COMPANY, LLC

Financial Administrator David Cox stated that the County advertised for RFP’s for financial advisory services and the company of Davenport was chosen for those services.  The agreement before the Board is with Davenport & Company, for professional assistance related to financial advice, counsel and other associated services deemed appropriate by the County for a cost not to exceed $25,000.  Mr. Cox recommended approval of the contract.

A motion was made by Ronnie Shortt, seconded by Dana Kilgore, to approve the contract agreement with Davenport & Company, LLC as presented.

Supervisor Meador stated that she did not feel that the County was ready for this service at this time since no decision has been made on the schools.

Mr. Cox noted that the Board will need the services of a firm such as Davenport & Company to go through the issuance of bonds for the schools, landfill, courthouse renovation, etc.  This company would be on a retainer for the County as needed. 

Chairman Rivers stated that he did not feel that the County needs to do this at this time but should postpone it.  During the recent funding of the current phase of the landfill, the County got a good bond rate without financial help.  He said that indicated to him that Mr. Cox and the current Administration is doing an adequate job without an outside source and if  there is a need in the future, this request can be reconsidered.

The vote on the motion follows:

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

Motion carried.

IN RE:  HILTON ALLEYWAY

Attorney Mullins provided the Board with a memo stating that she had reviewed a request from Joseph Hilton, property owner, for an adjacent parcel of property and received a communication from the Commissioner of the Revenue with reference to this 15 foot alleyway dividing the subject property.  The area has been viewed to determine if any utilities exist and if any adjacent property or areas are impacted.  There are no utilities or impact to the surrounding area.  The alley is not developed and was originally set out by the Interstate Railroad Company from which the property owner purchased his interest in the affected property.  There is only one property owner involved owning the property on both sides of the alley.

A motion was made by Robby Robbins, seconded by Ronnie Shortt, to approve the request from Joseph Hilton to abandon and Quit Claim Deed the paper alley as noted.  The motion was unanimously approved.

IN RE:  RESOLUTION AMENDMENT OF CONSORTIUM BY-LAWS

A motion was made by Steve Bates, seconded by Ronnie Shortt, to adopt the resolution approving the amendment to the Consortium By-Laws as presented.  The motion was unanimously approved.

RESOLUTION #                 2010

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

IN RE:  BUDGET AMENDMENTS

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

#2 Hazmat Pass-Thru Expenditures – Wise Hazmat Team
$15,000.00
  Emergency Services
$15,000.00
#3 Unreserved Fund Balance
$  6,475.00
  Sheriff-Law Enforcement
$  6,475.00
#4 Compensation Bd. Funds- New funded position
$25,314.00
  Salaries & Wages
$25,314.00
  Unreserved fund Balance
$  3,725.00
  Fringes
$  3,725.00
#5 Unreserved Fund Balance
$18,000.00
  Road Signs – GIS
$18,000.00

The road signs budget was previously in Fund 21, Dept. 9400 and was inadvertently left out of budget requests during the budget preparation.  This amount should be budgeted in Dept. 1230-GIS as this is where the responsibility for this function resides

Total unreserved fund balance proposed – August Amendments                    $28,200.00

IN RE:  APPOINTMENT – IDA

A motion was made by Virginia Meador, seconded by J. H. Rivers, to re-appoint James K. Gilley to the IDA for a term of four (4) years.  The motion was unanimously approved.

A motion was made by Bob Adkins, seconded by Steve Bates, to re-appoint Bill Sutherland to the IDA for a term of four (4) years.  The motion was unanimously approved.

A motion was made by Dana Kilgore, seconded by Robby Robbins, to table the following appointments for District 4 on the IDA until the September meeting:

  • Danny Buchanan—term expired on 07/31/10

  • Blake Whitenack--- unexpired term (05/31/2012(Moved to Tennessee)

The motion was unanimously approved.

IN RE:  APPOINTMENT LENOWISCO BOARD OF DIRECTORS

A motion was made by Virginia Meador, seconded by J. H. Rivers, to table the appointment on the LENOWISCO Board of Directors until the September meeting.  The motion was unanimously approved.

IN RE:  APPOINTMENT – SOCIAL SERVICES BOARD

A motion was made by Steve Bates, seconded by Bob Adkins, to re-appoint John Graham to the Social Services Board for a term of four (4) years.  The motion was unanimously approved.

IN RE:  APPOINTMENT – TOURISM COMMITTEE

A motion was made by Robby Robbins, seconded by Dana Kilgore, to re-appoint Sarah McReynolds to the Tourism Committee for a term of four (4) years.  The motion was unanimously approved.

IN RE:  APPOINTMENT – HAZMAT COORDINATOR

Steve Bates nominated Gary McCarthy as Hazmat Coordinator for Wise County.

Fred Luntsford made a motion that nominations cease.   Bob Adkins seconded the motion. The motion was unanimously approved.

Gary McCarthy was appointed as Hazmat Coordinator for Wise County for an indefinite term by acclamation.

IN RE:  APPOINTMENT – PSA

A motion was made by Ronnie Shortt, seconded by Fred Luntsford, to appoint Gwen Fleming to fill the unexpired term of James Flanary on the Wise County PSA.  The motion was unanimously approved.

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 Robby Robbins, seconded by Ronnie Shortt, to go into closed session to discuss personnel as permitted by Section 2.2-3711(A)(1) of the Code of Virginia.  The motion was unanimously approved.

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

IN RE:  RESOLUTION – CLOSED SESSION

The certification for closed meeting was read by Secretary Underwood.

A motion was made by Bob Adkins, seconded by Fred Luntsford, to adopt 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)

BOARD COMMENTS

There were brief comments from Board members.

ADJOURN

There being no further business to come before the Board a motion was made by Steve Bates, seconded by Dana Kilgore, to adjourn the meeting.  The motion was unanimously approved.

ATTEST:                                                         WISE COUNTY BOARD OF SUPERVISORS
 

______________________________________        ______________________________________
Shannon C. Scott, Clerk                                               J. H. Rivers, Chairman

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