Board of Supervisors - March 15, 2011 Regular Meeting

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The Wise County Board of Supervisors met in a Regular meeting on Tuesday, March 15, 2011 at 6:00 pm in the Board of Supervisors meeting room located in the Wise County Courthouse.  The following members were present:

Honorable Dana G. Kilgore – Chair
Honorable Robert R. Adkins – Vice-Chair
Honorable Virginia Meador
Honorable Robert E. Robbins, Jr.
Honorable Steve Bates
Honorable J. H. Rivers
Honorable Ronald L. Shortt
Honorable Fred Luntsford – 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

Cliff Bowman, Pastor Stephens Church of God, Wise led in prayer.

PLEDGE

All led in the pledge of allegiance to the flag.

RULES OF CONDUCT FOR MEETING

Chair Kilgore read the rules of conduct to be observed during the Board meetings.

MINUTES

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

AGENDA

A motion was made by Ronnie Shortt, seconded by Virginia Meador, to approve the agenda as presented to include the additions as noted.  The motion was unanimously approved.

ROAD & HIGHWAYS

Supervisor Meador noted that the guardrail from East Stone to Crackers Neck is over the bank and needs to be replaced.

Administrator Scott advised that VDOT has been advised of the repairs needed for the guardrail and the unattended tree limbs as a result of the December 2009 storm. 

Supervisor Luntsford stated that he has been made aware of the poor condition of Highland Avenue in the Pound area.  He said he would send an email to Jackie Christian regarding this road.

IN RE:  FORWARD WISE COUNTY

Tom Lester, representing Forward Wise County, addressed the Board with an update on the purpose of the Forward Wise County Leadership Program and how this program is making a difference.

Joyce Payne, Executive Vice-President, provided a brief history of how the Chamber of Commerce became involved in the Forward Wise County Leadership Development Program. 

Demonstrating the success of Forward Wise County, the Program has been replicated throughout rural Virginia, Kentucky, and in North Dakota.  MECC also used Forward Wise County as the prototype for their leadership programs in Lee, Scott, and Dickenson counties.

Since 1990, the Wise County Chamber of Commerce has been the sole agency responsible for Forward Wise County.  To date, the program has graduated more than 371 potential leaders of Wise County and the City of Norton.

IN RE:  PRO-ART UPDATE

Mike Abbott, President of Pro-Art, provided an update on the activities of Pro-Art with a review of the seasonal shows that were “sold out” and enjoyed.  Mr. Abbott thanked the Board for its continued support and participation in Pro-Art’s activities noting that they will soon be celebrating their 35th season.  He reported that the six figure debt that Pro-Art once had will be paid off this summer. 

IN RE:  PINE MOUNTAIN TRAIL

Jessica Swinney, Project Manager for the Pine Mountain Trailhead, provided the Board with an update on the status of the Pine Mountain Trail.  She advised that several tasks have been completed toward the implementation of the Pine Mountain Trailhead which includes submitting the preliminary plans to VDOT for pre-plan approval and the environmental permit being finalized to submit to VDOT for approval.

Pending the approval of the above plans and permits, the following tasks will also need to be completed per VDOT Enhancement Guidelines:

  • VDOT R-O-W authorization and certification

    • Purchasing of property

    • Letter to VDOT requesting R-O-W certification after property is purchased

  • Bid documents & cost estimates prepared and sent to VDOT for review

  • Finally, advertisement, bid selection, construction of project

PUBLIC EXPRESSION

Joe Rasnack, a member of the VFW, addressed the Board regarding financial assistance for the Honors Team.  The purpose of the Honors Team is to conducts funerals.  He explained the cost for outfitting one person on the team noting that several of the team members are on fixed income or social security and unable to purchase these items on their own.  They are occasionally paid when doing funerals but not always.  These funds help but more is needed to meet the needs of the team.  He asked the Board to consider a contribution of any amount to assist with these expenses.
Debbie Dickenson, President of the Wise County Education Association, and Deborah Taylor asked the Board to level fund the School System this year or some teachers will lose their jobs.

Frank Kibler, representing LENOWISCO, addressed the Board regarding two resolutions on the agenda concerning sewer extension for Hamilton Town and Bold Camp Sewer.  He explained that there may be some deviation in the figures as noted in the resolutions before the Board.  However, these changes would not be significant enough to change the amount of funding being applied for.

The following individuals spoke during public expression regarding the following topics:

School consolidation                           Redistricting
Recycling                                             Cram Plan
Coal Severance Tax                             Tie Breaker for School Board
CEASE                                                            Voice of the citizens
Pro-consolidation

Chris Short – Pound                             Ted Tate – East Stone Gap
Juanita Quillen – Pound                                   Walter Crouse – Wise
Jim Scalf - Appalachia                         Harold Greear – Pound
Larry Hale – Coeburn                          Greta Boggs – Pound
Drew Mullins – St. Paul                                   Bill Bevins – Wise
Susan Ray – Big Stone Gap                 Max Skeens – Coeburn
Connor McCoy – Pound                                  Doug Strouth

There being no further public comments, the public expression period was closed at 7:40 pm.

BREAK

The Board took a break at 7:41 pm
The meeting reconvened at 7:50 pm

CONSENT AGENDA

A motion was made by Fred Luntsford, seconded by Bob Adkins, to approve the consent agenda as follows:

IN RE:  PROCLAMATION – AMERICAN RED CROSS MONTH

Approved the Proclamation recognizing the month of March as American Red Cross Month

IN RE:  PROCLAMATION – TORNADO PREPAREDNESS MONTH

Approved the Proclamation recognizing the month of March as Tornado Preparedness Month

The motion to approve the consent agenda was unanimously approved.

IN RE:  DEBT MANAGEMENT POLICY

A motion was made by J. H. Rivers, seconded by Virginia Meador, to lay this item on the table.  The motion was unanimously approved.

IN RE:  REDISTRICTING

Two plans for redistricting were presented for Board review and input.

Supervisor Shortt’s plan would restore the county to three districts, which would reduce the number of supervisors from eight to seven with one member at-large, put the towns back together, keep the staggered terms, and would not change any voting precincts.

Supervisor Rivers plan would put the towns back together, keep the four districts with the same number of supervisors with equal representation in each district, and the voting precincts would remain the same.  Mr. Rivers plan would also keep the staggered terms.

There was a lengthy discussion on both plans as to how each plan would affect the citizens and the voting precincts.  Other options were also discussed.

It was noted that some citizens do not want any change but leave things as they are.

After further discussion, a motion was made by Fred Luntsford, seconded by Robby Robbins, to set a public hearing for Thursday, April 7, 2011 at 6:00 pm to receive citizens input on two proposed redistricting proposals for Wise County.  The motion was unanimously approved.

IN RE:  ORDINANCE AMENDMENT – ANIMAL CONTROL

A public hearing was held on March 3, to receive citizens’ comments regarding the proposed amendment to the animal Control Ordinance.  There were no public comments regarding the proposed amendment.

A motion was made by Fred Luntsford, seconded by Ronnie Shortt, to approve the amendment to the Animal Control Ordinance as presented.  The motion was unanimously approved.

ORDINANCE _AMENDMENT_

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

IN RE:  ORDINANCE AMENDMENT – AUTOMOBILE GRAVEYARD/JUNKYARD

A public hearing was held on March 3, 2011 to receive citizens’ input regarding a proposed amendment to the Automobile Graveyard/Junkyard Ordinance.  There were no public comments regarding the proposed amendment.

A motion was made by Ronnie Shortt, seconded by Fred Luntsford, to approve the amendment to the Automobile Graveyard/Junkyard Ordinance as presented.  The motion was unanimously approved.

ORDINANCE AMENDMENT

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

IN RE:  RESOLUTION BOLD CAMP SEWER EXTENSION

A motion was made by Ronnie Shortt, seconded by Fred Luntsford, to approve the resolution authorizing the County Administrator to sign and submit any and all appropriate documents relevant to this Virginia Community Development Block Grant proposal for the Bold Camp Phase II Sewer Project.  The motion was unanimously approved.
RESOLUTION #                       2011

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

IN RE:  RESOLUTION HAMILTON TOWN SEWER EXTENSION

A motion was made by Robby Robbins, seconded by Virginia Meador, to approve the resolution authorizing the County Administrator to sign and submit any and all appropriate documents relevant to this Virginia Community Development Block Grant for Hamilton Town Sewer Extension Project.  The motion was unanimously approved.

RESOLUTION #                    2011

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

IN RE:  WASTE FLOW AGREEMENT

Administrator Scott noted a small change in the Waste Flow Agreement after talking with PSA Project Director Wayne Watts.  Rural Development is involved in the financing of this project and they are requiring that the agreement between Wise County and the City of Norton address 40 years rather than 20.  Section 12 regarding terms needs the following language added: Then further, this agreement shall automatically renew for an additional four (4) terms of five (5) years each unless either party shall notify the other not less than six (6) months in advance of the fifth anniversary dates of their intent not to renew this agreement.  In addition to this agreement between Wise County and the City of Norton, Rural Development also requires that there be an agreement between the Board of Supervisors and the PSA. The County Attorney is presently working on that agreement.

A motion was made by Fred Luntsford, seconded by Bob Adkins, to approve the Waste Flow Agreement between the City of Norton and County of Wise as presented with the modification as noted by Mr. Scott.  The motion was unanimously approved.

IN RE:  RESOLUTION PROPERTY TAX RATES

A motion was made by Virginia Meador, seconded by J. H. Rivers, to approve the resolution setting property tax rates for FY 2011-12.  The motion was unanimously approved.

RESOLUTION #                  2011

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

IN RE:  AUDIT

A motion was made by Bob Adkins, seconded by Steve Bates, to approve the County Audit ending June 30, 2010 as presented.  The motion was unanimously approved.

IN RE:  ORDINANCE-PUBLIC BUILDING SAFETY

A motion was made by J. H. Rivers, seconded by Robby Robbins, to table this proposed ordinance until the April meeting.  The motion was unanimously approved.

IN RE:  BUDGET AMENDMENTS

A motion was made by Ronnie Shortt, seconded by Fred Luntsford, to approve the budget amendments as follows:

#28      Electrical Services – Justice Center                                          $2,500.00
            Repairs & Maintenance-Social Services Building                    $2,500.00
            Repairs to Social Services Bldg.—Move Budget Dollars
            From Justice Center

#29      Unreserved Fund Balance                                                        $5,000.00
            Discretionary Funds                                                                 $5,000.00
            Budget Amendment for Sugar Hill Trail – St. Paul (Request
            By J.H. Rivers)

Chair Kilgore felt that organizations being provided funds from the County should provide the Board with some guidance as to how those funds are spent and what they are used for.  In some instances, she felt that in-kind methods of help would be more useful rather than cash.  Sugar Hill Trail would be one of those requests that the County could provide in-kind services rather than cash.

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

Motion carried.

IN RE: APPOINTMENT – LONESOME PINE YOUTH SERVICES BOARD

Ronnie Shortt nominated Sydney Skinner to the Lonesome Pine Youth Services Board.
Fred Luntsford nominated Hayley Turner to the Lonesome Pine Youth Services Board.

Ronnie Shortt made a motion that nominations cease.  J. H. Rivers seconded the motion.  The motion was unanimously approved.

Sydney Skinner and Hayley Turner were appointed by acclamation.

IN RE:  APPOINTMENT – SOUTHWEST VIRGINIA EMERGENCY MEDICAL COUNCIL

Bob Adkins nominated Dr. Sue Cantrell to the Southwest Virginia Emergency Medical Council.

J. H. Rivers made a motion that nominations cease and Dr. Sue Cantrell be appointed by acclamation. 

IN RE:  RESOLUTION COAL & GAS ROAD APPROVING ALLOCATION OF SURPLUS FUNDS

A motion was made by J. H. Rivers, seconded by Fred Luntsford, to approve the resolution of the Board of Supervisors adopting the resolution of the Coal and Gas Road Improvement Advisory Committee approving the allocation of surplus funds.  The motion was unanimously approved.

RESOLUTION #_________________2011

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

IN RE:  BLACKWOOD LANDFILL EXPANSION/RECLAMATION STUDY

A motion was made by J. H. Rivers, seconded by Fred Luntsford, to authorize Thompson & Litton to conduct a Landfill Expansion/Reclamation Study on the eastern (backside) of the highwall at the Blackwood landfill site for a cost not to exceed $15,000.00.  The motion was unanimously approved.

IN RE:  CNW TREATMENT PLANT EXPANSION

This item was deferred until after closed session.

IN RE:  PROPOSAL TO KEEP HIGH SCHOOLS OPEN

Supervisor Rivers stated that at a recent School Board meeting the vote was taken to hold a public hearing to move the three smaller schools into the three larger schools without any consideration of the proposal that was presented to them as a compromise.  Since that action occurred by the School Board, he felt it mute for him to pursue the option of a proposal to keep the high schools open.  He, therefore, does not have a proposal to place on the table at this point.  He said he is willing to look and listen to see if there is something that can be done and possibly have a compromise before the March 30th public hearing. 

There was a lengthy discussion on other possible plans for consolidation and whether or not these plans were financially feasible for Wise County.  A possible tax increase was noted.

Financial Administrator Cox provided a presentation on Supervisor Robbins proposed consolidation plan to renovate all six high school for a cost of $34,000,000.00 that would require no tax increase.    He explained the assumptions that were made in this plan.  Mr. Cox noted that a fixed cost for capital needs and operational needs of six schools has been a main concern of his since taking this position.   This plan, in his opinion, would be only sustainable for two or three years, and to keep six schools open, could mean a 10 cent tax increase.  He voiced further concern if the County does not have a reassessment that would bring in more revenue or some other additional source of revenue to meet the unforeseen costs, teachers’ raises, and overall needs of the County.

Supervisor Rivers voiced his view on these assumptions and asked for figures showing how much this County can afford to sustain all schools for a long term and keep them in operation.

There was a lengthy discussion on financing of the schools, Dominion revenue and QSCB funds.

BREAK

The Board took a break at 9:50 pm.
The meeting reconvened at 10:00 pm.

IN RE:  CLOSED SESSION

A motion was made by J. H. Rivers, seconded by Fred Luntsford, to go into closed session, as permitted by the Code of Virginia, to discuss the following: 

  • Section 2.2-3711(A)(6)   Investing of public funds and
                            (A)(30)  Discussion on award of public contract involving expenditure of Public funds and
                            (A)(1)   Personnel

After closed session, a motion was made by Bob Adkins, seconded by Steve Bates, to reconvene the regular meeting.  The motion was unanimously approved.

IN RE:  RESOLUTION – CERTIFICATION FOR CLOSED MEETING

Secretary Underwood read the certification for closed meeting.

A motion was made by Bob Adkins, seconded by Robby Robbins, to approve the resolution certifying matters discussed while in closed session.  The motion was unanimously approved.

RESOLUTION #                        2011

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

IN RE:  CNW – SEWER EXPANSION

A motion was made by J. H. Rivers, seconded by Bob Adkins, that the Wise County Board of Supervisors authorizes the County Administrator to notify CNW by making a written request to the CNW Board to make an application to DEQ to expand its treatment capacity from 6.0M gal to 6.5M gal per day and Wise County hereby states its willingness and capability to pay for costs associated with this expansion and the Board also authorizes the County Administrator to request full excess of 330,000 gal per day which excess results from the expansion of the plant from the 4.0M to 6.0 M gal per day.  The motion was unanimously approved.

ADJOURN

On a motion by Robby Robbins, seconded by Bob Adkins, the meeting was adjourned at 11:15 PM.  The motion was unanimously approved.

ATTEST:                                                         WISE COUNTY BOARD OF SUPERVISORS

 

____________________________________            ______________________________________
Shannon C. Scott, Clerk                                               Dana G. Kilgore, Chair

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