Board of Supervisors - April 14, 2011 Regular Meeting

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The Wise County Board of Supervisors met in a Regular meeting on April 14, 2011 at 6:00 PM in the Board of Supervisors meeting room located in the Wise County Courthouse.  The following were present:

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

Brandon White, Pastor McClellan’s Chapel, led in prayer.

PLEDGE

All led in the pledge of allegiance to the flag.

MINUTES

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

AGENDA

Chairperson Kilgore asked that the Resolution for Compliance on the Wise Inn Redevelopment Project be considered after closed session.

A motion was made by Ronnie Shortt, seconded by Robby Robbins, to approve the agenda as presented to include the change as noted by Chairperson Kilgore.  The motion was unanimously approved.

RULES OF CONDUCT

The Rules of Conduct were read in an attempt to promote respect and order during the meeting.

ROADS AND HIGHWAYS

None.

IN RE:  APPALACHIAN CHILDREN’S THEATRE

Missy Salyer and Cara Dotton, representing Appalachian Children’s Theatre, provided the Board with an update on the activities of the Appalachian Children’s Theatre and the impact this organization is having on the youth in this area.

PUBLIC EXPRESSION

Topics of consolidation, redistricting, and professional conduct were addressed by the following individuals:

Ester Gibson, Coeburn             Bill and Charlene Green, Coeburn     Nancy Davis, Norton   
Vickie Roberson, Coeburn      Denver Hall, Big Stone Gap
Scott Eldridge, Appalachia       Donald Purdie, Big Stone Gap
Bob Nixon, Wise                     David Gent, Pound
Chris Shortt, Pound                  Greta Boggs, Pound
George Barton, Big Stone Gap Juanita Quillen, Pound
Harold Greear, Pound              Tom Chester, Registrar
Walter Crouse, Wise                Jim Scalf, Appalachia
Mike Rutherford, Pound             Ted Tate, East Stone Gap
Greg Bailey, St. Paul                Nita Wilson, Big Stone Gap
Blaine Hale                              Susan Ray      
Doug Strouth, Pound               Stacy Carson, Pound
Millie Tate, East Stone Gap       Jess Powers, Coeburn

Debbie Dickenson, President of WCEA asked the Board to level fund the school system in the upcoming budget.  She noted that teachers have not had a raise in two years and insurance has increased.  Without level funding, teachers will lose their jobs.  She explained that teachers go above and beyond to educate the children in preparing them for the future and it would be a loss to the County and the children if teachers are laid off due to lack of funding.

Donald Dalton, a resident of Big Stone Gap, asked the Board to assist the elderly, veterans and the disabled by increasing their deduction on real estate taxes.

Falicity Hall asked that on the road coming into Wise from Norton that a left hand turn lane be considered at the Library.

There being no further comments, the public expression period ended at 8:10 PM.

BREAK

A break was taken at 8:12 PM

The meeting reconvened at 8:37 PM

IN RE:  CONSENT AGENDA

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

IN RE:  RESOLUTION – 911 DISPATCHER

Approved the resolution recognizing 911 Dispatch Telecommunicators for their dedication and commitment to serve Wise County citizens

RESOLUTION #                         2011

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

IN RE:  APPROPRIATIONS

Approved the 4th Quarter Appropriations

IN RE:  RESOLUTION DISSOLVING DUFFIELD DEVELOPMENT AUTHORITY

Approved the joint resolution dissolving the IDA of Lee, Wise & Scott counties & City of Norton (commonly known as Duffield Development Authority)

RESOLUTION #                       2011

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

IN RE:  RESOLUTION VPSA REFUNDING

Approved the resolution for Virginia Public School Authority to remit the savings ($17,881.25) to the County for its 2003 refunding of county school debt

(RESOLUTION #                    2011

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

IN RE:  SIX YEAR PLAN 

Set a public hearing for May 5, 2011 @ 6:00 pm on the proposed secondary Six Year Plan

IN RE:  APPALACHIAN ACTION & DEVELOPMENT AGENCY

Ratified the submission of the Emergency Grant Application for Appalachian Action & Development Agency

The motion to approve the consent agenda was unanimously approved.

IN RE:  REDISTRICTING PLAN

Supervisor Rivers made a motion that the redistricting plan he presented be approved by the Board because this plan consists of four (4) districts, cost effective, and effects a fewer number of people.  Virginia Meador seconded the motion.

Supervisor Robbins made a substitution motion to keep the existing redistricting plan.  Bob Adkins seconded the motion.

Supervisor Rivers stated that based on the statement made by the General Registrar Tom Chester in that in his opinion the existing plan would not have stood up in court in 1991 had it been challenged, he could not support this plan.

Supervisor Luntsford made a substitute motion that Ronnie Shortt’s redistricting plan be placed on the table.  Robby Robbins seconded the motion

Supervisor Shortt made a motion to set aside the Board’s rules of procedure to allow a substitute motion to a substitute motion. 

After discussion Mr. Shortt withdrew his motion to set aside the rules of procedure to allow a substitute motion to a substitute motion.   

After further discussion Mr. Shortt made another motion to set aside the rules of procedure to allow a substitute motion to a substitute motion.  J. H. Rivers seconded the motion.

Some Board members stated that the Board has made motions and substitute motions in the past and no action was made to suspend the rules of procedures during those times.

After further discussion on the proposed intent of this motion, Mr. Shortt withdrew his motion and Mr. Rivers withdrew his second.

The votes on Supervisor Shortt’s Plan:

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

Motion failed.

The votes on the existing Plan:

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

The votes on Supervisor River’s Plan:

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

Motion failed.

When asked, what was the next step since all three redistricting plans failed; Attorney Mullins explained that this has never happened before, anywhere.  She, therefore, will write a letter to the Department of Justice and notify the Division of Legislative Services and ask for their direction on how to proceed.  A report will be given to the Board at its next meeting.

IN RE:  ORDINANCE WISE COUNTY PUBLIC BUILDING SAFETY

Supervisor Rivers noted those that have given opinions on the proposed Wise County Public Building Safety Ordinance.  He has been told that this ordinance, as presented, will not be successful.  He, therefore, is attempting to accomplish the same thing, which is the protection of our children by making a different motion.

Supervisors Rivers made a motion that Attorney Mullins contact the State Fire Marshall and request a complete and thorough inspection of Powell Valley High School, J. J. Kelly High School and Coeburn High School by the State Fire Marshall’s Office and further that the purpose of  this inspection is to determine the necessary improvements to bring these building up to the current building code standards, and further with the additional students to be added to these buildings it is no longer acceptable to say these buildings are grandfathered because of their age and further this request is a for an inspection from the State level and not by the local Building Code Official, which should be completed and a report presented to the Board of Supervisors no later than June 1, 2011.  Robby Robbins seconded the motion.

There was some discussion as to whether or not this request should come from the School Board and not the Board of Supervisors and whether or not the buildings needed an additional inspection other than the one or two inspections that take place each year.

A substitute motion was made by Ronnie Shortt, to table this request until the 26th meeting and direct the County Attorney to research, before the 26th meeting, whether or not this is an area that the School Board should be making a request instead of the Board of Supervisors.  Bob Adkins seconded the motion.

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

Motion carried.

IN RE:  SEWER USE ORDINANCE

A motion was made by Fred Luntsford, seconded by Bob Adkins, to set a public hearing on May 5, 2011 at 6:00 PM on a proposed Sewer Use Ordinance for Wise County.  The motion was unanimously approved.

IN RE:  REDISTRICTING ORDINANCE

Attorney Mullins stated that since all three redistricting plans have failed there is no need for an ordinance to be prepared at this time.

IN RE:  GRIEVANCE PROCEDURE – NON DISCRIMINATION

A motion was made by Fred Luntsford, seconded by Ronnie Shortt, to approve the Grievance Procedure-Non Discrimination as presented.  The motion was unanimously approved.

IN RE:  PUMP AND HAUL PERMIT – PINE BRANCH DEEP MINE

A motion was made by Fred Luntsford, seconded by Robby Robbins, to approve the request from Pine Branch Deep Mine located in Dunbar to be added to the County’s Pump and Haul Permit.  The motion was unanimously approved.

IN RE:  BUDGET AMENDMENTS

A motion was made by Bob Adkins, seconded by Ronnie Shortt, to approve budget amendments #30 thru #33 as presented.  The motion was unanimously approved.

 (Said amendments are on file in the County Administrator’s Office)

IN RE:  SCHOOL FUNDING

There was a lengthy discussion on consolidation of schools with the addition of the City of Norton and how this would change the structure of the governing bodies, and the constitutional officers. 

IN RE:  APPOINTMENT -REGIONAL JAIL AUTHORITY (PROXY)

A motion was made by Ronnie Shortt, seconded by Fred Luntsford, to appoint David Cox as proxy for Shannon Scott on the Regional Jail Authority.  The motion was unanimously approved.

IN RE:  APPOINTMENT – CROOKED ROAD BOARD OF DIRECTORS

A motion was made by Bob Adkins, seconded by Dana Kilgore, to appoint Shannon Scott as a member to the Crooked Road Board of Directors and appoint Bill Smith as his alternate.  The motion was unanimously approved.

IN RE:  APPOINTMENT – HIGHWAY SAFETY COMMISSION

A motion was made by Virginia Meador, seconded by J. H. Rivers, to re-appoint Grace Scott to the Highway Safety Commission for a term of four (4) years.  The motion was unanimously approved.

IN RE:  APPOINTMENT – LENOWISCO DISABILITY SERVICES BOARD

A motion was made by J. H. Rivers, seconded by Virginia Meador, to re-appoint Larry Blann to the LENOWISCO Disability Services Board for a term of three (3) years.  The motion was unanimously approved.

IN RE:  APPOINTMENT – LONESOME PINE AIRPORT COMMISSION

A motion was made by Bob Adkins, seconded by J. H. Rivers, to table this appointment until the May meeting.  The motion was unanimously approved.

IN RE:  APPOINTMENT – PLANNING COMMISSION

A motion was made by Robby Robbins, seconded by Dana Kilgore, to appoint Joseph Slemp to fill the unexpired term of Lloyd Smith on the Planning Commission.  The motion was unanimously approved.

BREAK

The Board took a break at 9:35 PM
The meeting reconvened at 9:45 PM

IN RE:  CLOSED SESSION

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

  • Section 2.2-3711(A)(30) Discussion on award of a public contract involving expenditure of public funds 

  • Section 2.2-3711(A)(1)   Personnel

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

The motion was unanimously approved.

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

IN RE:  RESOLUTION – CLOSED SESSION

Secretary Underwood read the certification for closed session.

A motion was made by J. H. Rivers, seconded by Ronnie Shortt, to approve the resolution verifying matters discussed while in closed session.  The motion was unanimously approved by roll call vote.

RESOLUTION #                       2011

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

RECESS

There being no further business to come before the Board, a motion was made by J. H. Rivers, seconded by Robby Robbins to recess the meeting until Tuesday, April 26, 2011 @ 6:00 PM.  The motion was unanimously approved.

ATTEST:                                             WISE COUNTY BOARD OF SUPERVISORS

 

_______________________________          _______________________________________
Shannon C. Scott, Clerk                                   Dana G. Kilgore, Chair

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