Board of Supervisors - November 1, 2012 Regular Meeting

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The Wise County Board of Supervisors met in a Regular Meeting on Thursday, November 1, 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 Kilgore
Honorable Robert E. Robbins, Jr.
Honorable J. H. Rivers
Honorable Ronald L. Shortt
Honorable Steve Bates – members of said Board and
Shannon C. Scott – County Administrator
David L. Cox – Finance Administrator
Karen T. Mullins – County Attorney
Annette Underwood – Executive Secretary

ABSENT

Honorable Fred Luntsford

PRAYER

Bob Adkins led in prayer.

PLEDGE

All led in the pledge of allegiance to the flag.

MINUTES

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

AGENDA

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

IN RE:  ROADS AND HIGHWAYS

Supervisor Shortt stated that he had received a request for “Children at Play” sign or a “Slow Down” sign at 8387 to 8445 South Mountain Road at Haddonfield.  Many vehicles speed on this portion of road and there are lots of children living in this area.

IN RE:  PUBLIC HEARING – E-911 ROAD NAME ADDITION

A public hearing was duly advertised for this date to receive citizens’ comments regarding the addition of the following E-911 road names:

  • Laymonds Way – Located off of Mill Ck. Rd. in Pound – Requested by Property Owners

  • Divide Ridge Rd – Located off Holton Dr., which is off Exeter Rd in Appalachia-  Requested by Wise County

 

There being no public comments the public hearing was closed.

IN RE:  PUBLIC HEARING – BUILDING CODE ORD #2-1975 AMENDMENT

A public hearing was duly advertised for this date to receive citizens’ comments regarding a proposed amendment to Building Code Ordinance #2-1975.

There being no public comments, the public hearing was closed.

 IN RE:  PUBLIC HEARING – ORDINANCE TAX EXEMPT STATUS –ADVOCATE CTR.

A public hearing was duly advertised for this date to receive citizens’ comments regarding a proposed ordinance for a tax exempt status for the Advocate Center.

There being no public comments, the public hearing was closed.

IN RE:  PUBLIC HEARING – WIRELESS COMMUNICATION TOWERS UPGRADE

A public hearing has been duly advertised for this date to receive citizens’ comments regarding a proposed resolution for upgrading of the existing wireless communication towers.

There being no public comments, the public hearing was closed.

IN RE:  PUBLIC EXPRESSION

No one to speak during public expression.

IN RE:  CONSENT AGENDA

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

IN RE:  RESOLUTON – RTE 613 – TEMPORARY ROAD CLOSURE

Approve resolution in concurrence with the temporary road closure on Route 613

RESOLUTION #                       2012

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

IN RE:  E-911 ROAD NAME ADDITIONS

Approved the addition of the two (2) following E-911 road names:

  • Laymonds Way located off of Mill Creek Road in Pound

  • Divide Ridge Road located off of Holton Dr located off Exeter Road in Appalachia

IN RE: BUILDING CODE ORDINANCE #2-1975 AMENDMENT

Approved an amendment to Building Code Ordinance # 2-1975 modifying the period of time between a disconnection of electrical service and a reconnect requiring inspection of the discontinued electric service

ORDINANCE AMENDMENT

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

IN RE:  ORDINANCE – TAX EXEMPT STATUS – ADVOCATE CENTER

Approved an ordinance providing a tax exempt status for the Advocate Center

ORDINANCE #                      2012

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

IN RE:  RESOLUTION – UPGRADING WIRELESS COMMUNICATION TOWERS

Approved the resolution promoting the upgrading of existing wireless communication towers and construction of one additional fiber optic line on existing Appalachian Electric Power, Old Dominion Power and Verizon poles located on identified properties within the County

RESOLUTION #                   2012

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

The motion to approve the consent agenda was unanimously approved.

IN RE:  SCHOOL FUNDING FOR ESSERVILLE SITE

Supervisor Rivers stated that on April 12, 2012 a motion was made to pursue an option to commit money for the purchase of land belonging to the Norton IDA and also the necessary road improvements and civil work for construction of school facilities.  The amount of money that he has heard and read in past minutes, and from some of the Leadership Team has referred to this as $2.5M .  He considers it a blank check.  In closed session, prior to this motion being made, the Board discussed $2.5M.  The School Superintendent has referenced having $2.5M.  This motion has not stated an amount of money.  He noted that in previous minutes, the Finance Administrator had stated that the Superintendent had requested funding in the amount of $700,000 to purchase the Esserville site from the City of Norton.  He asked if that had been done.

Mr. Cox stated that the check was written, as requested by Dr. Perry, after checking with Legal Counsel and Mr. Siegel to ascertain if that money could be taken out of the $60M for that purchase.

Supervisor Rivers asked Mr. Cox, that since this $700,000 was not included in the $60M, at some point in the future will it not have to be decided where that $700,000 will be taken from and when.

Mr. Cox stated that will probably be FY 2014.

After revisiting the motion, Mr. Rivers felt that this was not a blank check as he had previously stated.
He had several questions regarding the second part of the motion which stated that funds are being approved for the necessary road improvements and for the civil work for the construction of the schools.  Those questions were:

  • Is civil work strictly civil work for the road or for civil work on anything, and how much is being spent on civil work

  • Since this motion was specific, is the costs for developing the road being documented

 

Finance Administrator Cox stated that he is tracking the requisitions, which involves a lot of details.

Supervisor Rivers said he had a concern beyond this motion.  The Board has been told that there will be a second road coming into this site from Rt. 757.  If this road to Central is costing $1.8M, the access road from Rt. 757 will cost as much if not more.  This is potentially another $2M plus dollars.

Attorney Mullins explained that the presentation that was given regarding the civil work talked about the school site including the road.  She noted three (3) requests from Dr. Perry:

  • Purchase of the property

  • Development of the road

  • Civil work for the site

At that time, she explained that there was testing ongoing with the site as well as other things when the request for the $2.5M commitment came before the Board.  She understood from the presentation, and from what has been done since that time, that it is for the entire Central site, the road, and the purchase.

Supervisor Rivers asked that some point in the future that the Board be given the dollar amount that this motion and the cost to the tax payers in Wise County.

Attorney Mullins stated that could be provided because it has been talked about since the purchase of the property and during the construction.  The commitment from this Board was up-to an amount and that amount has not been reached with the costs relative to the change in site, which was the request that came before this Board.

Supervisor Rivers noted that the up-to amount is not a part of this motion.

Finance Administrator Cox stated that the night the Board did the $900,000 for Eastside, the totals he has based upon his understanding of the presentations Dr. Perry has presented, the County has the $60M that the County originally borrowed in bond issuances; the $900,000 for Eastside, and $2.5M which is in regard to the motion that Mr. Rivers is speaking of, for a total of $63.4M.  This is the amount the Board has committed in total funding.

Supervisor Kilgore asked Mr. Cox if it is his understanding that the additional funding will come from the $9M reserved for the high schools and not an increase in debt.

Mr. Cox said that was his understanding.

Supervisor Rivers noted in reading previous minutes that Mr. Cox had stated that in order to balance this year’s budget the Board would have to take $1.3M from that $9M reserved for schools.  Assuming the motion that is in question at this time is $2.5M, that means that this would require an additional $2.5M.  He also read in the minutes where Mr. Cox has stated that in order to make the 2012 payment on the $60M, the $2M would be taken from the $9M.

Mr. Cox stated that amount is already built into the budget and the $1.6M.  With all figures totaled, that leaves $3M of the $9M.

Regarding proposed savings from the schools, Supervisor Rivers noted that the Board has not realized any savings up to this point.  Several felt that there should be a commitment in 2014 on how the school would provide some savings.  Reading from a previous meeting he said that Mr. Cox had stated that on short term there is money to finance the level funding but on long term there could be repercussions that would have to be dealt with in 2014 and beyond. 

Mr. Cox explained that one example for repercussion could be due to increased operational funding but in 2014 there will be decisions for the Board to make.  He said that he has had discussions with both Ron Vicars and Dr. Perry to tell them that there is going to be a requirement for documentation on expenditures.   At this point, there is still discussion on the amount of savings.

Supervisor Meador asked if within ten years, would the Board be responsible for another road?

Attorney Mullins stated that it is her understanding that this is only for one road.  Whether or not there is to be a second road into the school site, is a separate issue that has not yet been addressed.

Chairman Adkins stated that he understands that it is in the plans for a road from Rt. 757 at the intersection traffic light.  Under VDOT’s supervision and input there will be an intersection controlled traffic on a service road and the road lead up to the school site.  That cost will come out of the $2.5M.

Supervisor Kilgore reminded the Board that at the time of the motion there were negotiations ongoing and a number was not placed in the motion because cost numbers were unknown at that time and that is why the up-to $2.5M and Dr. Perry would provide the documentations which would be included in next year’s budget to reimburse the cost.  She noted that money should not come out of the reserve money for the schools until documentation on what is paid for.

Attorney Mullins advised that the Board can clarify the amount in a motion if they feel there is a need to do that.  The amount that the Board has been working with is the amount not to exceed $2.5M as was presented and discussed.

Supervisor Rivers said he felt the motion limits the amount they can spend because it specifies the work for which it can be spent on.  As long as the County is tracking the expenditures and the Board is given a report, he felt the motion was satisfactory as stated.

IN RE:  RESOLUTION - NOTE REFINANCING

Finance Administrator Cox explained that the Board has been provided a draft resolution in regard to refinancing the existing debt that was issued by the IDA for the County’s lease revenue bond.  With approval of this resolution, the County has the potential of saving the County at least $100,000 in net savings after all cost involved.

David Rose and Dan Siegel, representing Davenport, addressed the Board regarding the note refinancing for a lower interest rate which could possibly save the County $100,000.  Mr. Rose explained that at the present time, the County is paying on the Literary Loan Anticipation Notes a 3% interest rate for the next five years that’s fixed.  Davenport has made a recommendation to the County that if they can convert from a 3% interest rate to something closer to the low 2% there will be a net real savings in the six figures.  If Davenport is not successful in doing that, they will not move forward.  There will be a small element of risk which means that the bond ratings must be re-confirmed.  That cost could be roughly $25,000.  It is conceivable that they may not get the interest rates they want, and as a result there could be an expenditure of $25,000.   By moving forward in this direction, Davenport is in the mode that in spite of the tragedies that have occurred in New York, Mr. Rose believes communication can still take place around November 12, even though some of the offices are still closed.  It is anticipated that ratings would be received the latter part of this month and everything would be in place to move forward in the early part of December. 

There was a brief discussion on the County’s current bond rating.

Mr. Rose stated that the resolution before the Board explains that in order for this financing to occur, BB&T would have to demonstrate to Mr. Siegel and himself that they have met this threshold for at least $100,000 of net savings.

Mr. Siegel explained the essence of the resolution and the protections that have been put into the resolution in the event BB&T moves forward.

A motion was made by J. H. Rivers, seconded by Dana Kilgore, to approve the resolution regarding the note refinancing as presented.  The motion was unanimously approved.

RESOLUTION #                      2012

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

IN RE:  RESOLUTION – MUTUAL AIR EMERGENCY SERVICES

Attorney Mullins asked that the resolution on mutual aid emergency services with Russell County and the Town of St. Paul be tabled until the December meeting.

A motion was made by Ronnie Shortt, seconded by Steve Bates, to table the resolution on mutual aid emergency services as requested by the County Attorney.  The motion was unanimously approved.

IN RE:  TOWN OF APPALACHIA HIGH SCHOOL LEASE

Attorney Mullins noted that Mr. Luntsford was unable to be at this meeting but spoke with her today and advised that if there are any questions regarding the proposed lease agreement or any information that is needed by the Board that this item could be placed on the December meeting for more discussion.

Supervisor Kilgore stated that the Board has not been provided the five year projection and the Town’s financials as was requested at the last meeting.

A motion was made by Dana Kilgore, seconded by Steve Bates, to table this item until the December meeting.  The motion was unanimously approved.

IN RE:  PUMP AND HAUL UPDATE

Attorney Mullins noted that she is continuing to work with Brad Stallard at the Health Department regarding the County’s Pump and Haul Permit.  It has been discussed as to whether or not to up date and amend the County’s Pump and Haul Certification.  A draft has not yet been completed on that at this time.  With the modifications that are being considered, may not require a public hearing.  She asked that this item be placed on the December agenda.

IN RE:  INNOVATION HIGHWAY DEVELOPMENT- LETTER OF SUPPORT

A motion was made by Robby Robbins, seconded by Dana Kilgore, to authorize the Letter of Support for development of Innovation Highway / VDOT Six Year Plan as presented.  The motion was unanimously approved.

IN RE:  AID TO LOCALITIES – LETTER OF SUPPORT

A motion was made by Robby Robbins, seconded by J. H. Rivers, to authorize a Letter of Support to Governor McDonnell requesting that the money taken from the localities be restored in FY 2013 and eliminate the reduction completely in FY 2014.  The motion was unanimously approved.

IN RE:  BUDGET AMENDMENTS

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

  • #8  State Grant                                      $200,000.00

  •       Local Grant – Regional Jail              $  66,670.00

Pre-trial Services                       $266,670.00

  • #9  Unreserved Fund Balance                $  10,000.00

             Discretionary Funds-Recreation      $  10,000.00

The motion was unanimously approved.

CHANGE OF DECEMBER MEETING DATE

No action was taken.

IN RE:  CLOSED SESSION

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

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

                           (A)(7)  Consultation with legal counsel

The motion was unanimously approved.

T&L representatives Mark Swecker and Dick Houchins were asked to remain in closed session.

After a lengthy closed session, a motion was made by Virginia Meador, seconded by Ronnie Shortt, 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 J. H. Rivers, 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:  JUSTICE CENTER BUILD-OUT

A motion was made by J. H. Rivers, seconded by Dana Kilgore, to authorize the County Administrator to contract for the design build-out within the old Christian School building for offices for the Sheriff, Registrar and Litter Control.  The motion was unanimously approved.

BOARD COMMENTS

Board members encouraged citizens to vote in the upcoming election.

Supervisor Rivers informed Attorney Mullins that he had been approached by three electricians informing   him about construction of the two new schools.  He’s been told that the current contractor is taking aluminum wire from Old Dominion into all the sub panels within the building whereas typical construction is from the point Old Dominion leaves to put copper in.   Because of that concern, these electricians are also asking if the contractor will be authorized to use #14 wire instead of #12 gauge wire.  Apparently the #14 in aluminum would meet national code.  He asked if Wise County has any ordinance that supersedes the National Code whereby the County ordinance is more strenuous than the National Code.  Also, he’s been told that the access road is being built with curb and guttering being put in with no conduit and no provisions being made for lighting of that road.  If that road is to be a lighted road, would it not be more cost effective to put the lighting in as the road is being constructed rather than later?

Attorney Mullins said she would follow up on these issues and email Board members of her findings.

ADJOURN

There being no further business to come before the Board a motion was made by J. H. Rivers, seconded by Ronnie Shortt, 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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