Board of Supervisors - May 12, 2011 Regular Meeting

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The Wise County Board of Supervisors met in a Regular meeting on Thursday, May 12, 2011 @ 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 J. H. Rivers
Honorable Fred Luntsford
Honorable Steve Bates
Honorable Ronald L. Shortt – members of said Board and
Shannon C. Scott – County Administrator
David L. Cox – Financial Administrator
Mike Abbott – Attorney
Annette Underwood – Executive Secretary

ABSENT

Karen T. Mullins – County Attorney

PRAYER

Jeff Rolen, Camp Bethel Youth Counselor, Wise led in prayer

PLEDGE

All led in the pledge of allegiance to the flag.

MINUTES

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

IN RE:  AGENDA / ADDITIONS

The following items were added to the agenda for Board review and consideration:

  • Closed Session (Investing of public funds)

  • Set public hearing for County Budget FY 2011/12

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

ROADS AND HIGHWAYS

None

IN RE:  MECC ACTIVITIES UPDATE

Dr. Scott Hamilton, President of MECC, provided the Board with an update on activities ongoing at MECC.  He spoke on the increase in enrollment and the many renovations that are ongoing at this time.  The Alternative Energy Program was reviewed noting the benefits of the different types of energy and the cost savings for citizens.

IN RE:  PUBLIC EXPRESSION

The following individuals addressed the Board supporting level funding for the school system:

  • Debbie Dickenson                   Andrew Mays

  • Jessey Roberts                         George Barton

  • Amber Salyer                          Steve Short

  • Deborah Taylor                       Bill Bevins

The following individuals voiced their opposition to consolidation:

  • Harold Greear                         Anita Wilson

  • Marlene Bush                          David Gent

  • Walter Crouse                         Chris Short

  • Glen Sturgill                            Stacy Carson

  • Doug Strouth                          Connor McCoy

The following individuals addressed the Board regarding growth in our economy, job creation, the transition into consolidation and other topics:

  • Bob Nixon                 Matt Skeen

  • Gary Stratton

There being no further comments the public expression was closed.

BREAK

The Board took a brief break at 7:28 PM

The meeting reconvened at 7:45 PM

IN RE:  CONSENT AGENDA

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

IN RE:  RESOLUTION – SIX YEAR PLAN FY 2011/12 THRU 2016/17 & CONSTRUCTION  
PRIORITY LIST 2011/12

ADOPTED the resolution approving Secondary Six-Year Plan FY 2011 thru 2017 and the Construction Priority List 2011/12 for Wise County

RESOLUTION #                 2011

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

IN RE:  RESOLUTION – COAL & GAS COMMITTEE ANNUAL PLAN

Adopted the resolution approving the Coal & Gas Road Improvement Advisory Committee’s Annual Plan for Roads & Bridges July 1, 2011 thru June 30, 2012

RESOLUTION #                            2011

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

IN RE:  RESOLUTION - LAW ENFORCEMENT OFFICERS

Adopted the resolution commending law enforcement officers for their service

RESOLUTION #                       2011

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

IN RE:  PUBLIC HEARING – RECYCLING ORDINANCE

Set a public hearing on June 2, 2011 @ 6:00 PM on a proposed recycling Ordinance

IN RE:  PUBLIC HEARING – 911 ROAD NAME ADDITIONS

Set a public hearing on June 2, 2011 @ 6:00 PM on three (3) proposed 911 road name additions

IN RE:  PUBLIC HEARING – REZONING- NATHANIEL MAGGARD

Set a public hearing on June 2, 2011 @ 6:00 PM on a rezoning request from Nathaniel Maggard

The motion to approve the consent agenda was unanimously approved.

IN RE:  SEWER USE ORDINANCE

A public hearing was held on May 5, 2011 to receive citizen’s comments regarding the proposed Sewer Use Ordinance for Wise County.  There was no one to speak at the public hearing.

Administrator Scott noted that this document has been reviewed by Bill Skeen, Civil Engineer for Maxim Engineering, offered minor changes, and Delegate Bud Phillips, legal counsel for PSA offered no changes.  This ordinance was prepared directly from a suggested draft from DEQ.  Therefore, Mr. Scott recommended the ordinance for approval.

A motion was made by J. H. Rivers, seconded by Bob Adkins, to approve the Sewer Use Ordinance as presented.  The motion was unanimously approved.

ORDINANCE #                            2011

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

IN RE:  COUNTY FY 2011/12  BUDGET – SET PUBLIC HEARING

The Board has been provided a County budget for FY 2011/12 in the amount of  $52.35 million, which includes level funding of $15.051 for the school system. 

Chair Kilgore noted that the School Board has set a public hearing on its FY 2011/12 budget for May 23.

The Board discussed its options on advertising the County FY 2011/12 budget with or without the School Board budget.

Attorney Mike Abbott, in the absence of Attorney Karen Mullins, stated that there has been some talk about doing the School Board budget and the County Budget separate.  However, that can be done only before May 1.  There must be a combined budget in place by July 1.   He and Attorney Mullins would recommend, if there is no School Board budget, and after much research, and based on certain Code Sections, that the Board proceed with its budget by plugging in figures for the School Board that would equal or exceed the standards of quality.  Once the School Board’s budget has been received, changes can be made without holding another public hearing as long as the amount is less than 1% of the total general fund budget which contains figures for the schools.

Supervisors Rivers stated that he has another option and that is to set a public hearing this evening on the County budget for June 2 at 6:00 PM, and plug in a figure for schools, which would be level funding, and if that figure changes, adjustments can be made accordingly.  He made these comments in the form of a motion.  Virginia Meador seconded the motion.

Chair Kilgore suggested going with Supervisor Rivers motion, but would add if the School Board does not pass its budget, as the County thinks it will be passed, the Board will call an emergency meeting on May 24 and start the re-advertising process.

Supervisor Rivers accepted this as a friendly amendment to his motion.

The motion as stated by Supervisors Rivers to include the friendly amendment by Chair Kilgore was unanimously approved by roll call vote.

IN RE:  CIP PLAN FY 2012/16

The Board reviewed and discussed the proposed CIP Plan, which is a working document and subject to change.

A motion was made by Ronnie Shortt, seconded by Bob Adkins, to approve the CIP Plan for FY 2012/16 as presented.

Supervisor Rivers questioned the figure $2,030,600.00 under public schools/ proposed financing (federal, state, and other).  Mr. Cox explained that to be lottery proceeds, and funds that would go into capital outlay for roof replacements and associated items for the school system.

Mr. Rivers said he felt the QSCB funds could be used for renovation or for new construction. He, being one supervisor, has not indicated to turn those funds down.  He felt these funds should be received and reflected in this CIP Plan whether it be the full $15M or something short of that figure.  He feels that this will impact the $42M that is being projected and will offset the County’s indebtness.  

Mr. Cox explained that his understanding from Davenport and Company is that the application would have to be amended for renovations.  At this point, the application was for consolidation.  He said he could put a figure in the CIP Plan, if the Board so desires, for the possibility of an amendment of the application for renovations. 

Mr. Rivers made a substitute motion to change federal/state/other under Public Schools from $2,030,600 to $17,030,600.00 and reduce the $42M to $27M. 

After discussing the motion, it was agreed that Mr. Rivers’s motion could be a friendly amendment to Mr. Shortt’s original motion rather than a substitute motion.

Mr. Shortt and Mr. Adkins both agreed to accept Mr. Rivers’s friendly amendment as part of their motion.  The motion was unanimously approved
 
IN RE:  BUDGET AMENDMENT

A letter was received from the Community Policy & Management Board requesting an additional supplemental allocation for the remainder of FY 2010/11 in the amount of $449,441.00 of which $112,830.92 is the required local match.  Theses funds are needed to pay foster parents.  Alternative methods of funding is constantly being sought after to decrease the rising expenses.

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

#34      Comprehensive Services-Wise County Comm. Policy & Mgt. Bd        $449,441.00           
              Supplemental Allocation for FY 2011

            Public Assistance/Welfare Funds – Virginia                               $336,610.08
            Coal Severance Revenue                                                              $112,830.92

The motion to approve the budget amendment was unanimously approved.

IN RE:  APPOINTMENT – LONESOME PINE AIRPORT COMMISSION

Dana Kilgore nominated Danny G. Mullins to the Lonesome Pine Airport Commission.

Bob Adkins nominated Jerry Wharton to the Lonesome Pine Airport Commission.

Chair Kilgore declared nominations to be closed.

The votes for Danny G. Mullins are as follows:

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

Motion carried.

IN RE:  APPOINTMENT BUILDING CODE & APPEALS BOARD

A motion was made by Robby Robbins, seconded by Dana Kilgore, to re-appoint Dick Houchins to the Building Code & Appeals Board for a term of five (5) years.  The motion was unanimously approved.

IN RE:  FAIRGROUND- FINANCIAL ASSISTANCE – REPLACE BUILDING

Supervisor Rivers voiced his concern that the concession stands have been torn down at the fairgrounds and the Fair Committee is considering the use of temporary trailers for the upcoming fair.  Since the facilities belong to the County he feels it’s the County’s responsibility to step forward and make necessary improvements at the fairgrounds.  He suggested making an allocation of $40,000 to rebuild the concession stands for this year.

Attorney Abbott stated that this would be impossible at this point in time since the fair is only a few weeks away and all the paper work involving the health department, building requirements, etc that would be involved in making this happen.

Bob Adkins, a member of the Fair Committee, stated that this has been discussed by the Committee and the trailers will be used for this year and a long term plan is in the making for future improvements that will make the fairgrounds more presentable and more useable.

Supervisor Rivers reiterated the fact that the facilities belong to the County, therefore, the County should be the one to take the lead and oversee whatever construction that needs to be done at the fairgrounds and to set an amount in the budget or the CIP Plan or both for $1M or less that will allow for needed improvements.  These grounds are not used only for the fair but other activities throughout the year.  He feels that an overall improvement plan should be put in place.

Supervisor Bates said the Fair Committee has this responsibility to oversee the fairgrounds needs and a request should come from the Committee to the Board for any assistance.

IN RE:  REDISTRICTING

At the last Board meeting, not knowing the status of the voting districts since the Board failed to adopt a redistricting plan prior to the deadline, Attorney Mullins was asked to prepare a draft letter to the AG requesting an opinion on the voter district lines in Wise County.   There was a question as to whether or not the ordinance that was adopted in 2001, which set forth four (4) districts was valid.

There was some discussion on the plan that was proposed by Supervisor Rivers and the plan proposed by Supervisor Shortt, which included a member at-large.

The draft letter to the AG as prepared by Attorney Mullins was reviewed and discussed.

Supervisor Rivers noted that he had also asked for a draft of a letter to the court system for a declaratory judgement for Board review but that document has not been presented.

Attorney Mike Abbott explained that if the Board files for a declaratory judgement it may stop the AG from giving an opinion.   Once it has been brought before a court, the AG tends to not get involved.

Supervisor Rivers said he would accept that answer and recommended no further action regarding a declaratory judgement until an opinion has been received from the AG.

A motion was made by Bob Adkins, seconded by Ronnie Shortt, to authorize the County Attorney to send the letter to the Attorney General and once a response has been received, that a Special Called meeting be arranged to discuss this matter further.  The motion was unanimously approved.

IN RE:  RESOLUTION – INNOVATION HIGHWAY PROJECT

At the Workshop meeting, there was some discussion on adding the Innovation Highway Project to the Six-Year Plan for FY 2011/12.  Steven Buston, District Planning and Land Use Director, stated in his remarks at the Workshop that if the Board so desires to add this project to the Six-Year Plan he would recommend taking action to have it added for planning and study only.  He asked that this action be done by resolution.

After further discussion, a motion was made by Bob Adkins, seconded by Steve Bates, to approve the resolution requesting the addition of the Innovation Highway Project to the Wise County Six-Year Plan for FY 2011/12 through 2016/17.  The motion was unanimously approved.

RESOLUTION #                     2011

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

IN RE:  RESOLUTION - CNW AUTHORITY – ADDITIONAL SEWER CAPACITY

Administrator Scott presented to the Board a resolution expressing the desires of Wise County to seek additional wastewater treatment capacity above and beyond that being made available to the County by the expansion of the current CNW wastewater treatment plant from 4.0 MGD to 6.0 MGD.  This resolution expressed the past history of Wise County regarding water and wastewater and why Wise County finds itself making this request today.  Wise County, by this resolution, requests that the CNW Wastewater Treatment Authority Board consider expanding the CNW treatment plant beyond the 6.0 MGD expansion to 6.5 MGD expansion, therefore, creating 0.5 MGD of treatment capacity, all of which would go to Wise County.  Wise County by this resolution expressed the willingness and the ability of Wise County to pay for all of the cost associated with this additional expansion of 0.5 MGD.

The Board discussed the resolution with several questions requiring some clarification prior to approving the resolution.

A motion was made by Bob Adkins, seconded by Ronnie Shortt, to table this resolution for further information.  The motion was unanimously approved

IN RE:  CLOSED SESSION

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

After closed session, a motion was made by J. H. Rivers, 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 meeting.

A motion was made by Ronnie Shortt, seconded by Fred Luntsford, 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)

IN RE:  PURCHASE OF UNDISCLOSED PROPERTY

A motion was made by Bob Adkins, seconded by Steve Bates, to authorize the County Administrator to continue negotiations on an undisclosed piece of property.  The motion was unanimously approved.

BOARD COMMENTS

Board members voiced their concerns for the following:

  • Level funding for the schools

  • Raises for the teachers

  • Consolidation

  • Referendum on consolidation

  • Events in their districts

ADJOURN

A motion was made by Bob Adkins, seconded by Ronnie Shortt, to adjourn the meeting at 10:55 PM.  The motion was unanimously approved.

ATTEST:                                             WISE COUNTY BOARD OF SUPERVISORS

 

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

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