Board of Supervisors - July 12, 2012 Regular Meeting

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

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

ABSENT

Annette Underwood – Executive Secretary

PRAYER

Randy Carter, Pastor, Pyles Memorial Freewill Baptist Church in Pound led in prayer.

PLEDGE

All led in the Pledge of Allegiance to the Flag.

AGENDA

Supervisor Rivers asked that a proposed resolution to VCEDA in support of Phase I of the Trails Program be placed under New Business for consideration by the Board.

A motion was made by J. H. Rivers, seconded by Fred Luntsford, to approve the agenda as presented to include the addition noted above.  The motion was unanimously approved.

MINUTES

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

IN RE:  ROADS AND HIGHWAYS

Supervisor Rivers asked that VDOT be contacted to possibly place a guardrail at the intersection of Baum Hollow and Tate Springs Road in the Powell Valley section where there is a deep drop off.  This is a safety hazard for the school bus and citizens that travel that road.

IN RE:  RESOLUTION HONORING JACKIE GILLIAM

Administrator Scott read the resolution honoring Jackie Gilliam upon her retirement as Mayor of the Town of Pound and for the many accomplishments she had made during her years of public service for the Town of Pound.

IN RE:  PUBLIC HEARING – 911 ROAD NAME ADDITION

A public hearing was duly advertised for this date to receive citizens’ comments regarding the proposed E-911 road name –Cabin Avenue—located off Shawnee Ave. E in Big Stone Gap.

There being no one to speak, the public hearing was closed.

A motion was made by J. H. Rivers, seconded by Virginia Meador, to approve the E-911 road name addition as noted above.  The motion was unanimously approved.

PUBLIC EXPRESSION

Walter Crouse, a resident of the Hurricane section, voiced his concerns on the following:

  • School construction

  • Need to cut administrative costs in schools

  • Stop littering highways

  • Citizens need to recycle

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

IN RE:  COMCAST UPDATE

Russell Byrd, Senior Director for Comcast provided the Board with information on the use and installation of the digital transition boxes. 

Mr. Byrd noted in his remarks that citizens have complained because they are being charged for having a repairman come to their house and install the digital boxes.  However, the problem they have found in a number of homes is due to internal wiring problems and not the boxes.  He spoke briefly on the Service Protection Plan that is available to all customers, which will cover this cost if purchased.

IN RE:  CONSENT AGENDA

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

IN RE:  RESOLUTION OF SUPPORT – WELLMONT LONESOME PINE HOSPITAL ICU

Approved the resolution in support of keeping the ICU at Wellmont Lonesome Pine Hospital open

RESOLUTION #                           2012

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

IN RE:  RESOLUTION BEHAVIORAL HEALTH SERVICES PERFORMANCE CONTRACT

Adopted the resolution approving the Planning District One Behavioral Health Services FY 2013 Performance Contract

RESOLUTION #                        2012

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

IN RE:  SURPLUS VEHICLES SALE

Authorized selling of surplus vehicles

The motion to approve the consent agenda was unanimously approved.

IN RE:  ORDINANCE MINERAL SEVERANCE LICENSE TAX #1-2012 (CLARIFICATION)

Attorney Mullins explained that the Mineral Severance License Tax ordinance that was executed by the Chairman and provided to requestors is not the Uniform Ordinance that was adopted and approved on June 22.  The ordinance that was signed by the Chairman was not the correct ordinance.  A public hearing was held on June 14th on the correct Uniform Ordinance and the one in the Board’s packet was correct, and the one approved by the Board on June 22 was correct.  Since the wrong Uniform Ordinance was signed, she asked that the Board affirm by motion that the correct Uniform Ordinance was provided to all Board members, a public hearing was held on June 14, 2012 and the correct ordinance was adopted by the Board on June 22, 2012.

A motion was made by Ronnie Shortt, seconded by Robby Robbins, to affirm that the correct Mineral Severance License Tax Ordinance #1-2012 (the Uniform Ordinance) was provided to all Board members for review, was properly advertised and a public hearing was held on June 14, 2012 for public input and adopted at the Recessed meeting held on June 22, 2012.  The motion was unanimously approved.

IN RE:  RESOLUTION SUPPORT AGREEMENT COEBURN MTN WATER PROJECT

A motion was made by Ronnie Shortt, seconded by Dana Kilgore, to approve the resolution consenting to the issuance of a water and sewer revenue bond by the Wise County PSA and authorizing the execution of a Support Agreement providing for Wise County’s Moral Obligation to make certain appropriations with respect thereto.  The motion was unanimously approved.

RESOLUTION #                  2012

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

IN RE:  HAZ-MAT TEAM RESPONSE AGREEMENT

Attorney Mullins asked that this agreement be tabled until the August meeting due to some changes that have been recently made and the VDEM Hazardous Materials Officers are sending a review of changes. 

A motion was made by J. H. Rivers, seconded by Virginia Meador, to table the Haz-Mat Team Response agreement until the August meeting.  The motion was unanimously approved.

IN RE:  TACOMA COMMUNITY CENTER MOU

Attorney Mullins stated that the Board has been provided a copy of the proposed MOU between Wise County Board of Supervisors and the Tacoma School Community Center Board explaining the terms of acquisition by Wise County on the operations of the Tacoma Community Center, Inc.  She noted that should there be a time when the facility ceases to operate as a community center it will revert back to the Tacoma Community Center, Inc.  The MOU has also been reviewed and agreed upon by the members of the Tacoma Community Center Board.  A deed of conveyance of the property will be forthcoming for approval.

A motion was made by Dana Kilgore, seconded by Steve Bates, to approve the Memorandum of Understanding (MOU) between the Wise County Board of Supervisors and Tacoma School Community Center, Inc.  The motion was unanimously approved.

Supervisor Luntsford voiced his concern regarding the expense of operating the Community Center and the extra burden that will be placed on the County’s maintenance staff.

There was some discussion on the expenses to be incurred by the County, the upkeep, and the general bookings of different events.

IN RE:  RESOLUTION HONORING EASTSIDE HIGH SCHOOL LADY SPARTANS SOFTBALL TEAM

A motion was made by Dana Kilgore, seconded by Robby Robbins, to approve the resolution honoring the Eastside High School Lady Spartans Softball Team for its outstanding accomplishment in winning the State Championship for 2012.  The motion was unanimously approved

RESOLUTION #                 2012

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

IN RE:  CENTRAL HIGH SCHOOL – CONDITIONAL ZONING & SPECIAL USE PERMIT

Attorney Mullins stated that the Planning Commission met on Monday night and set a public hearing for August 13, 2012 at 5:02 PM to receive citizens comments for a conditional rezoning and a special use permit that is required for the construction of an educational facility, for a new high school to be located behind the Norton Commons (Wal-Mart) Shopping Center.  The Planning Commission has requested that the Board of Supervisors consider holding a joint public hearing with the Planning Commission on the conditional rezoning and special use permit, which will expedite the project.

Bill Skeen, representing Maxim Engineering, stated that Maxim has done site engineering work for the contractor on this project.  He noted that the contractor’s goal is to get the building under roof by winter and would like approval to proceed with the project by August if possible.  Anything the Board could do to expedite the project would be appreciated.

Supervisor Rivers stated that the pictures that were shown to the Board on the proposed site showed that site work has already begun.  He felt that someone has got the “cart before the horse” on making this request.  He was also concerned regarding the amount of money being spent on the site as to whether or not the cost exceeds the amount approved.

A motion was made by Ronnie Shortt, seconded by Dana Kilgore, to hold a joint public hearing with the Planning Commission on Monday, August 13, 2012 at 5:02 PM in the Board of Supervisors meeting room located in the Wise County Courthouse for the purpose of receiving citizens’ input on a proposed conditional zoning and a special use permit for the purpose of building a new high school behind the Norton Commons (Wal-Mart) Shopping Center.

Aye-    Ronnie Shortt               Abstain – J. H. Rivers              Nay- None
            Steve Bates
            Robby Robbins
            Virginia Meador
            Bob Adkins
            Fred Luntsford
            Dana Kilgore

Motion Carried.

IN RE:  PUMP AND HAUL PERMIT – HIGHLANDS DEVELOPMENT LLC

A motion was made by Robby Robbins, seconded by Ronnie Shortt, to approve the pump & haul permit for Highlands Development LLC for a proposed new office building located near 6741 Indian Creek Road in the Glamorgan Section of Wise County.  The motion was unanimously approved.

RECESS

A brief recess was taken at this time.
The meeting reconvened.

IN RE:  APPOINTMENT – IDA

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

IN RE:  APPOINTMENT – COMMUNITY POLICY & MANAGEMENT BOARD

It was consensus of the Board to table this appointment until the August meeting.

IN RE:  APPOINTMENT – HIGHWAY SAFETY COMMISSION

Ronnie Shortt nominated Mike Holbrook for re-appointment to the Highway Safety Commission.

J. H. Rivers made a motion that nominations cease and appoint Mike Holbrook by acclamation.  The motion was unanimously approved.

IN RE:  APPOINTMENT LONESOME PINE LIBRARY BOARD OF TRUSTEES

A motion was made by Fred Luntsford, seconded by Ronnie Shortt, to appoint Alice Green to the Lonesome Pine Library Board of Trustees for a term of four (4) years.  The motion was unanimously approved.

A motion was made by Virginia Meador, seconded by J. H. Rivers, to re-appoint Paxton Allgyer to the Lonesome Pine Library Board of Trustees for a term of four (4) years.  The motion was unanimously approved.

A motion was made by Steve Bates, seconded by Bob Adkins, to re-appoint Betty Humphreys to the Lonesome Pine Library Board of Trustees for a term of four (4) years.  The motion was unanimously approved.

A motion was made by Dana Kilgore, seconded by Robby Robbins, to re-appoint Merry Lou Prior to the Lonesome Pine Library Board of Trustees for a term of four (4) years.  The motion was unanimously approved.

IN RE:  APPOINTMENT MECC BOARD

A motion was made by Ronnie Shortt, seconded by Fred Luntsford, to appoint Alane Lovern to the MECC Board for a term of four (4) years.  The motion was unanimously approved.

IN RE:  APPOINTMENT VCEDA

Ronnie Shortt nominated Dana Kilgore for re-appointment to the VCEDA Board.

Robby Robbins made a motion that nomination cease. Steve Bates seconded the motion.  The motion was unanimously approved.  Dana Kilgore was re-appointed to the VCEDA Board for a term of four (4) years by acclamation.

IN RE:  CLOSED SESSION

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

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

    •   (A)(7)  Consultation with legal counsel

    •   (A)(1)  Personnel

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

Administrator Scott read the certification for closed meeting.

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

RESOLUTION #                    2012

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

IN RE:  DEQ FUNDING APPLICATION

A motion was made by Dana Kilgore, seconded by Steve Bates, to authorize the submission of a funding application to DEQ for the CNW septic sludge and sludge facility.  The motion was unanimously approved.

FINANCE ADMINISTRATOR’S REPORT

Finance Administrator Cox stated that he has spoken with the Treasurer regarding the questions Supervisor Rivers had about the County Decal.  He explained that the decals are ordered several months ahead to make sure they arrive on time.  After checking with several other counties, Mr. Cox noted that they charge a license fee on the personal property tax ticket rather than requiring a decal.  Wise County uses the decal as a mechanism to collect taxes, and a means of controlling out-of-county individuals from using the convenience centers.

Supervisor Rivers was concerned as to the number of citizens in Wise County that do not purchase decals. 

Mr. Cox stated that the Treasurer has estimated that figure to be around 10,000, which include trailers and campers.

There was further discussion on possible means of collecting taxes other than the decal, which would decrease the number of delinquent taxes and increase County revenue.

BOARD COMMENTS

There were few comments from Board members.

ADJOURN

A motion was made by Ronnie Shortt, seconded by Steve Bates, 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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