Board of Supervisors - January 12, 2012 Regular Meeting

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The Wise County Board of Supervisors met in a Regular meeting on Thursday, January 12, 2012 at 6:00 PM in the Board of Supervisors meeting room located in the Wise County Courthouse.  The following Board members were present:

Honorable Robert R. Adkins – Chairman
Honorable Virginia Meador – Vice-Chair
Honorable Dana G. Kilgore
Honorable Fred Luntsford
Honorable Ronald L. Shortt
Honorable Steve Bates
Honorable J. H. Rivers
Honorable Robert E. Robbins, Jr., - members of said Board and
Shannon C. Scott – County Administrator
David L. Cox – Finance Administrator
Karen T. Mullins – County Attorney
Annette Underwood – Executive Secretary                      lobbist

PRAYER

Kirt Dale, Pastor, First Church of God in Norton led in prayer.
 
PLEDGE

All led in the pledge of allegiance to the flag.

MINUTES

Supervisor Meador stated that in the minutes of November 28, 2011 under Dr. Perry’s comments she asked that his comments be amended as follows:

  • The site for the Union High School will be located behind the present Union high school

  • The site for the Central High School will be located on the football field behind the present Central High School

A motion was made by Dana Kilgore, seconded by Steve Bates, to approve the minutes as presented with the amendment as noted.  The motion was unanimously approved.

AGENDA

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

ROADS AND HIGHWAYS

None

PUBLIC EXPRESSION

Walter Crouse, a resident of the Hurricane Section of Wise, spoke on the following:

  • Need legislation for recycling of glass

  • Management of School Budget

  • Opposed eliminating the Workshop meeting

  • Need for recycling facility

David Gent, a resident of Indian Creek, spoke on the following:

  • Plans for the new high schools and the Coeburn High School

  • Mining of coal behind Central High School

  • Tie Breaker for School Board

Stacy Carson, a resident of Pound, asked the Board to embrace all of Wise County not just a part when making decisions.

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

IN RE:  SPACE STATION DOWNLINK UPDATE

Jack Kennedy addressed the Board with an update on the Space Station Downlink, which is a collaboration of good will of private persons, corporations, non-profits, civic organizations, public and private schools, colleges, and local government working with NASA to help stimulate better education in the 21st century.  He also provided a short video on research that has been done on the space station.

IN RE:  SOUTHWEST REGIONAL RECREATIONAL AUTHORITY UPDATE

Jack McClanahan and Chuck Reidhammer addressed the Board with a power point presentation on the Southwest Regional Recreational Authority (SRRA).

Spearhead Trails is an economic development initiative focused on attracting adventure oriented entrepreneurs and businesses to create sustained economic benefit in far southwest Virginia. 

Mr. Reidhammer provided statistics on the 500 mile Hatfield-McCoy Trail System in West Virginia and the revenue that has been reaped in their investment. 

Spearhead Trail has even greater potential than Hatfield-McCoy in that there is a higher concentration of large land owners, more potential for land use agreements, and superior infrastructure. 

The seven county regions have invested $750,000 in the Spearhead Trails initiative.  By 2016, SRRA will have opened 400 miles of OHV and 200 miles of equestrian trails, with 10 trailheads enabling local entrepreneurs to create sustainable support business opportunities.

The Spearhead Trails will contribute over $10M in visitor expenditures, create 200+ new jobs, and generate over $1M in state/local taxes for the Commonwealth by 2016.  To accomplish this, state investment will be critical during the first three years of development.

Mr. Reidhammer expressed his appreciation to the Board’s continued support of Spearhead Trail.

IN RE:  CONSENT AGENDA

A motion was made by Fred Luntsford, seconded by Ronnie Shortt, to approve the Consent agenda.
Each item was reviewed and discussed.

IN RE:  APPROPRIATIONS (3RD) QUARTER

Approved 3rd quarter appropriations as presented.

IN RE:  E-911 ROAD NAME ADDITION

Ratified change in setting public hearing for E-911 road name addition from January 5, 2012 to January 9, 2012

IN RE:  CONDITIONAL REZONING / CULBY SUPPLY

Set public hearing (February 9, 2012 @ 6:00 PM) on a request from Culby Supply for a Conditional Rezoning Permit

IN RE:  PSA COMPONENT UNIT

Supervisor Rivers questioned the purpose of the resolution designating the PSA as a component unit of Wise County for accounting purposes.

Finance Administrator Cox explained that GASB – 39 states that if the professional judgment of the primary government determines that the nature and the significance of a potential component unit’s relationship with the primary government warrants inclusion in the reporting entity, then that organization should also be reported as a component unit by the primary government.

GASB- 39 points out that financial integration may be exhibited and documented through the policies, practices, or organizational documents of either the primary government or the organization being evaluated as potential component unit.

Regarding GASB 39, the PSA provides a direct benefit to constituents of the Wise County Board of Supervisors and a significant economic benefit in regard to both water and sewer infrastructure.  The PSA is financially interrelated with the County in that the PSA could not provide sewer services without the support of Wise County.  Significant financial support comes from Wise County in the form of Coal Severance monies.

Supervisor Kilgore asked that the last paragraph in the resolution be revised to read “Board of Supervisors designates the Wise County PSA as a component unit of Wise County for financial reporting purposes in the County’s Comprehensive Annual Financial Report.”

Approved the Resolution of the Board of Supervisors of the County of Wise, Virginia Designating Wise County PSA as a Component Unit of Wise County for Financial Reporting Purposes.

RESOLUTION #                 2012 (PSA Component Unit)

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

IN RE:  COOP PLAN

The Board of Supervisors recognizing the need to prepare for, respond to, and recover from the natural and manmade disasters, adopted the Resolution Continuity of Operations Plan

RESOLUTION #               2012 – (COOP PLAN)

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

Mr. Luntsford amended his motion to approve the consent agenda as amended.  Mr. Shortt seconded the motion.  The motion was unanimously approved.

RECESS

A brief recess was taken at 7:13 PM
The meeting reconvened at 7:18 PM

IN RE:  RECYCLING CENTER VISIT

Attorney Mullins explained to the Board that the plan to visit the Bedford Recycling Facility has been set for Friday, January 27, 2012.  Everyone will meet at the facility for a tour & lunch at 11:30 am.

IN RE:  REFUND ORDINANCE UPDATE

Attorney Mullins stated that Treasurer Smith has been working with and testing the mechanisms of the programming methodology of implementing the refund ordinance as adopted by the Board.  Being satisfied with the programming, Ms. Smith and Attorney Mullins recommended that the Board set another public hearing for next month to adopt the refund ordinance as presented.  The estimated cost for implementing this new program will be less than $1,000.

Attorney Mullins noted that this is the same ordinance rescinded on November 10, 2011 due to a problem in the Treasurer’s programming with implementation of the commencement date of that ordinance.

A motion was made by Dana Kilgore, seconded by J. H. Rivers,  to set a public hearing on Thursday, February 9, 2012 @ 6:00 PM on the Ordinance Amending Interest on Delinquent Taxes and Setting Refund Interest Rate.  The motion was unanimously approved

IN RE:  E-911 ROAD NAME ADDITION

A public hearing was held on January 9, 2012 to receive citizens input regarding the following proposed E-911 road name addition:

  • Turkey Tracks Dr – located off Sanborn Rd in St. Paul-------Submitted by land owner

There were no public comments regarding the E911 road name addition.

A motion was made by Ronnie Shortt, seconded by Fred Luntsford, to approve the E911 road name addition as noted.  The motion was unanimously approved.

IN RE:  MINERAL SEVERANCE LICENSE TAX #2-1987 – ORDINANCE AMENDMENT

A public hearing was held on January 9, 2012 to receive citizens input on the proposed amendment to Wise County Mineral Severance License Tax Ordinance #2-1987.

There were no public comments regarding the proposed amendment.

A motion was made by Ronnie Shortt, seconded by Steve Bates, to approve the amendment to Wise County Mineral Severance License Tax Ordinance #2-1987 which replaces and supersedes Mineral Severance License Tax Ordinance #2-1987. The motion was unanimously approved.

ORDINANCE AMENDMENT   2012 (MINERAL SEVERANCE LICENSE TAX #2-1987)

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

IN RE:  SIGNING OF CHECKS

A motion was made by Virginia Meador, seconded by J. H. Rivers, to authorize Supervisors Kilgore, previous Board Chairman, to sign checks until new signature plates arrive for the 2012 chairman.  The motion was unanimously approved.

IN RE:  BUDGET AMENDMENTS

A motion was made by Ronnie Shortt, seconded by Dana Kilgore, to approve budget amendments 22 thru 26 as presented.  The motion was unanimously approved.

IN RE:  APPOINTMENT – BOARD OF ZONING APPEALS

A motion was made by Steve Bates, seconded by J. H. Rivers, to table this appointment until the February meeting.  The motion was unanimously approved.

IN RE:  APPOINTMENTS –PUBLIC SERVICE AUTHORITY ( PSA)

A motion was made by Virginia Meador, seconded by Robby Robbins, to reappoint J. H. Rivers to the PSA.

There was some discussion that each district is not equally represented on this Authority.

Attorney Mullins noted that this discrepancy happened some time back when a Board member appointed an individual that was not in his district to fill a position in his district, which made the appointments become unequal by district.  Looking at the present members on the PSA, district 3 has one too many members and district 1 is lacking one member.

Supervisor Rivers said he would be willing to look at the next appointment to be filled in district 3 but would like to keep his position on the PSA at this time. 

After further discussion, Steve Bates made a substitute motion to appoint Gary Smith to the PSA.  Ronnie Shortt seconded the motion.

J. H. Rivers made a substitute motion to reappoint himself, Fred Luntsford, and Dana Kilgore to the PSA.  Robby Robbins seconded the motion.

Ronnie Shortt made a substitute motion to appoint Fred Luntsford, and Dana Kilgore to the PSA for their term of office.  Steve Bates seconded the motion.

The votes on Supervisor Shortt’s motion follows:

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

Motion carried.

After some discussion, Steve Bates withdrew his motion to appoint Gary Smith to the PSA.  Ronnie Shortt withdrew his second.

Chairman Adkins asked for a vote on the main motion to reappoint J. H. Rivers to the PSA.  The motion was unanimously approved by roll call vote.

IN RE:  APPOINTMENT – SOUTHWEST VASAP POLICY BOARD

Ronnie Shortt nominated Ron Elkins to the VASAP Policy Board.

Robby Robbins made a motion that nominations cease.  J. H. Rivers seconded the nomination.  The motion was unanimously approved.

Ron Elkins was appointed by acclamation.

IN RE:  APPOINTMENT – COAL & GAS ROAD IMPROVEMENT ADVISORY COMMITTEE

Virginia Meador nominated J. H. Rivers for reappointment to the Coal & Gas Road Improvement Advisory Committee.

Fred Luntsford made a motion that nominations cease.  Dana Kilgore seconded the motion.  The motion was unanimously approved.

Mr. Rivers was nominated for reappointment by acclamation.

IN RE:  APPOINTMENT – SOCIAL SERVICES BOARD

A motion was made by Ronnie Shortt, seconded by Dana Kilgore, to appoint Steve Bates to the Social Services Board.

J. H. Rivers made a substitute motion to appoint Bob Adkins to the Social Services Board.

Bob Adkins declined the appointment because of his heavy schedule of other meetings.

The votes on the main motion to appoint Steve Bates follow:

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

Motion carried.

IN RE:  APPOINTMENT – VCEDA

Ronnie Shortt nominated Dana Kilgore for reappointment to the VCEDA Board.

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

Dana Kilgore was reappointed to the VCEDA Board by acclamation.

IN RE:  APPOINTMENT- SOUTHWEST VIRGINIA HEALTH FACILITIES AUTHORITY

J. H. Rivers nominated Ron Prewitt for reappointment to the Southwest Virginia Health Facilities Authority.

Supervisor Shortt questioned the required qualifications for this position.

Attorney Mullins stated that she would need to research the qualifications for that particular Authority.  However, she noted that Mr. Prewitt could be reappointed subject to clarification on his qualifications.

Fred Luntsford made a motion that nominations cease and Mr. Prewitt be reappointed subject to clarification on his qualifications for that position.  Ronnie seconded the motion.  The motion was unanimously approved.

RICHMOND TRIP

Administrator Scott reviewed the itinerary for the Richmond trip scheduled for January 25 thru January 27.

IN RE:  SEVERANCE LICENSE TAX LEGISLATION

A motion was made by Ronnie Shortt, seconded by Fred Luntsford, to approve the resolution on approval of proposed legislation for amending Virginia Code Section 58.1-3703.1 and 58.1-3713.3.

The motion was unanimously approved.

RESOLUTION #                   2012 (Severance License Tax Legislation)

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

IN RE:   LITTER & RECYCLING FUND ADVISORY BOARD

A motion was made by Fred Luntsford, seconded by Robby Robbins, to approve the resolution in opposition of HJ 49 and the elimination of the Waste Tire End User Reimbursement as presented.  The motion was unanimously approved.

RESOLUTION #               2012 –(Litter & Recycling Fund Advisory Board)

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

IN RE:  INTERNATIONAL SPACE STATION DOWNLINK

A motion was made by Dana Kilgore, seconded by Robby Robbins, to approve the resolution commending the International Space Station Downlink.  The motion was unanimously approved.

RESOLUTION #            2012 –(International Space Station Downlink)

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

IN RE: COALFIELD EMPLOYMENT ENHANCEMENT TAX CREDIT

A motion was made by Dana Kilgore, seconded by Ronnie Shortt, to approve the resolution in support of preserving the Coalfield Employment Enhancement Tax Credit.

RESOLUTION #                         2012 (Support of Preserving the Coalfield Employment                  
                                                                 Enhancement Tax Credit)

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

IN RE:  CLOSED SESSION

A motion was made by Dana Kilgore, seconded by Ronnie Shortt, to go into closed session per the following topics as permitted by the Code of Virginia:

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

  • Section 2.2-3711(A)(7) – Consultation with legal counsel

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

The motion was unanimously approved.

After closed session, a motion was made by Dana Kilgore, seconded by J. H. Rivers, to reconvene the regular meeting.  The motion was unanimously approved.

Secretary Underwood read the certification for closed meetings.

A motion was made by Fred Luntsford, seconded by Steve Bates, to approve the resolution verifying matters discussed while in closed session.  The motion was unanimously approved by roll call vote.

RESOLUTION #                     2012  (Certification for closed meetings)

IN RE:  LOBBYIST / LEGISLATION

A motion was made by Robby Robbins, seconded by Dana Kilgore, to authorize the Administrator’s to retain services of a representative in Richmond to support legislation.  The motion was unanimously approved.

BOARD COMMENTS

There were brief comments from Board members.

Supervisor Rivers asked that Attorney Mullins research HB 526 that has been introduced regarding regulations on helicopter use.  He felt that this bill, if passed, would assist Welmont in providing additional services to the citizens.

ADJOURN

There being no further business to come before the Board, a motion was made by Robby Robbins, seconded J. H. Rivers, to adjourn the meeting.  The motion was unanimously approved.

ATTEST:                                             WISE COUNTY BOARD OF SUPERVISORS

 

 _______________________________         __________________________________________
Shannon C. Scott, Clerk                                   Robert R. Adkins, Chairman

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