Board of Supervisors - December 13, 2012 Regular Meeting

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The Wise County Board of Supervisors met in a Regular meeting on Thursday, December 13, 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 Dana Kilgore
Honorable J. H. Rivers
Honorable Fred Luntsford
Honorable Ronald L. Shortt
Honorable Steve Bates – members of said Board and
Shannon C. Scott – County Administrator
Karen T. Mullins – County Attorney
Annette Underwood – Executive Secretary

ABSENT

Honorable Robert E. Robbins, Jr.
David L. Cox – Finance Administrator

PRAYER

Mike Winters, Pastor Wise Baptist Church, led in prayer.

PLEDGE

All led in the pledge of allegiance to the flag.

MINUTES

A motion was made by Virginia Meador, seconded by Steve Bates, to approve the minutes as presented.  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.

PUBLIC EXPRESSION

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

  • School Board spending

  • Guardrail for area on Turkey Branch

  • More police protection in County

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

IN RE:  HEALTH WAGON UPDATE

Paula Meade, representing the Health Wagon, addressed the Board with an update on the Health Wagon services that continue to provide quality health care to the medically underserved and indigent people in the mountains of SW Virginia.

Teresa Gardner, Executive Director of Health Wagon, spoke briefly on the Wise Remote Area Medical (RAM) Health Expedition, a community collaboration which has become the largest health care outreach of its kind in the nation.

She asked that the Health Wagon be included as a line item in the County’s budget for an amount of $10,000 to allow them to continue providing necessary medical services as needed.

IN RE:  LITTER CONTROL – WASTE TIRE END USER REIMBURSEMENT

Greg Cross, Litter Coordinator, provided the Board with a power point presentation regarding the Waste Tire End User Reimbursement.

Currently the County receives a reimbursement from the state for every ton of tires that is recycled.  This is made possible by the “tire recycling fee” that the state charges for every new tire sold.  The state is considering either doing away with the tire recycling fee all together or re-directing those monies to VDOT to be used for road maintenance.  This fee was also used to help fund the removal of large illegal tire dumps in Wise County.

Wise County has received monies from the tire recycling reimbursement of more than $130,000.00 over the past five (5) years, which works out to more than $25,000.00 per year.  This helps Wise County to offset the annual operating cost of the tire shredder, which means less cost per ton for the citizens of Wise County to dispose of their tires.

Mr. Cross asked that the Board oppose any attempts by the legislature to re-direct these monies or discontinue the Tire Recycling fee during the next legislative session in 2013.

IN RE:  CONSENT AGENDA

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

IN RE:  E911 ROAD NAMES ADDITION

Set public hearing (January 10, 2013 @ 6:00 PM) on two (2) E-911 road name additions.

IN RE:  THIRD QUARTER APPROPRIATIONS

Approved the 3rd Quarter appropriations

IN RE:  RESOLUTION AIRPORT ROAD RTE  723

Adopted the resolution approving the Airport Road (Rte. 723) Project adjustments.

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:  RESOLUTION MUTUAL AID EMERGENCY SERVICES
.
A motion was made by Ronnie Shortt, seconded by Fred Luntsford, to approve the Mutual Aid Emergency Services Resolution with Russell County and the Town of St. Paul subject to the other jurisdiction approving same.  The motion was unanimously approved. 

RESOLUTION #                      2012

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

IN RE:  TOWN OF APPALACHIA HIGH SCHOOL LEASE

Attorney Mullins explained that there have been two changes made to the Appalachia High School Lease since the Board received their copy.  One of those changes was regarding the boiler at the school.  He explained the requirements for use of the boiler noting that all requirements have been met by the Town.  This language was omitted in the original lease, but the Town of Appalachia has agreed to take on that responsibility.  The other change was that the Landlord would not be responsible for any major or minor repairs.  The new verbage that has been inserted states that “should a major repair or structure issue arise during the lease period, the tenant would immediately notify the landlord and the landlord will consider on a case by case basis any request for assistance”.

Supervisor Luntsford explained the improvements that have been made to the school since it has been occupied by the Town.  The Town only heats the gym portion of the school whereas the whole Pound High School building must be heated which makes a huge difference in cost.  He felt that the towns that lost their high schools should be allowed to use them for the benefit of the community but the buildings are not the same in structure and the expense for operations will be different.

Mr. Luntsford touched on the fact that there is a janitorial house located on the school property that is now occupied by a gentleman that serves as security over the property.

There were concerns regarding some of the language in the Lease pertaining to upkeep and repairs that may occur from time to time, and whether or not the Town is financially able to afford the school.

Supervisor Luntsford noted that he provided the 5-year budget projection as was requested, and each Board member was provided a copy by email for their review and comments.
 
 Attorney Mullins explained the “minor or major” repair language.  She noted that in most cases in a short term lease the landlord has some responsibility.

Supervisor Kilgore objected to the lease because the Board did not get the final version for review prior to voting.  She noted that the Board will be paying the insurance and making repairs to this building and felt the other towns, with the same requests, should be treated the same as Appalachia.  Further she felt that a committee should be appointed to look at each building to find out how they may be used as an economic engine in the community.  She suggested letting them use the building on a month to month basis until a decision can be made on whether or not there are other options for the use of the building.  Otherwise, the town(s) should be given the building with no responsibility on the County’s part.

Supervisor Bates felt that any of the other school buildings, once vacated, need to be checked out first as to their condition and to ascertain any liabilities or repairs.  He was concerned as to whether or not the County can afford to keep up all of the old school buildings once they become vacant.

There was some discussion on the expenses that are now being paid by the Town of Appalachia and the number or people that are using the building.  A comment was made that the Pound High School building is totally different from the Appalachia High School building.

Supervisor Rivers said he supports the lease but he asked to see a final copy before a vote is taken.  He has a problem with voting on something that the County does not own and asked why it has taken several months for this deed to get recorded by the School Board.

Attorney Mullins explained the different things that had to be done prior to conveying the property back to the County, which takes time. 

Chairman Adkins stated that he has been hearing that a lot of people do not want this Board to put County tax dollars into these old school buildings.

Supervisor Shortt said he wanted to see each town go through the same process and abide by the same rules as the Town of Appalachia.  However, each building is different.  He noted that the janitorial house located on the Pound property is rental property and the renters are concerned whether or not they will be allowed to continue renting the house once the property is conveyed back to the County.  He voiced his approval on a case by case basis for each school because they will all be different and this will give the County an opportunity to evaluate any major repairs on the buildings and decide at that time which avenue  needs to be taken to make such repairs.  Each school must be evaluated separately.

A motion was made by J. H. Rivers, seconded by Virginia Meador, to approve the Appalachia High School Lease Agreement with the Town of Appalachia for a period of one year based on the two additional comments made by Mr. Luntsford with the stipulation that the deeds are transferred to the County before the Lease Agreement is signed with the Town of Appalachia..  The motion was unanimously approved.

Supervisor Kilgore questioned whether or not the County was aware that someone was living on the Appalachia school property and how that affects the County’s insurance on that property.

Attorney Mullins said she was not aware of a house being located on the school property but she would look further into the matter and get the logistics of that situation.

Supervisor Luntsford stated that the house on the Appalachia School property was unoccupied at the time the Lease Agreement was made with the School Board and that issue was not addressed.  The current occupant of the house drew up his own Lease Agreement with the school, and the house is insured on the current insurance policy
 
IN RE:  AGENDA ADDITION

A motion was made by Fred Luntsford, seconded by J. H. Rivers, to modify the agenda by adding Pound High School rental property for discussion.  The motion was unanimously approved.

 

 

IN RE:  TOWN OF POUND HIGH SCHOOL – RENTAL PROPERTY

A motion was made by Ronnie Shortt, seconded by Fred Luntsford, that once the deed for the Pound High School has been deeded back to the County, the people living in the rental house located on t he school property will be allowed to continue occupying the rental house until further notice.  The motion was unanimously approved.

IN RE:  PUMP AND HAUL PERMIT

Attorney Mullins explained that a couple of months ago there was an application requesting to be added to the County’s Pump and Haul Permit.  However, the application was from the tenant of the proposed business and not the property owner.  The property owner has now submitted a formal request for the pump and haul for Board consideration.

A motion was made by Ronnie Shortt, seconded by Fred Luntsford, to approve the request from 1028 Park Ave, LLC/One Stop Buy & Sell to be added to the County’s Pump and Haul Permit subject to the terms of the Sub-Agreement being met.  The motion was unanimously approved.

IN RE:  LANDFILL UPDATE

Bill King, representing T&L, provided the Board with an update on the status of the landfill.  Most significantly, on September 17 DEQ did approve the County’s request to remove the set back on the Clintwood Mine.  This will add twelve years to the landfill and will allow development of the landfill in full measure up to the 30 year life expectancy.  With respect to the 4B landfill expansion, the clay stock pile assessment has been completed.  The quality meets the DEQ classification requirements.  From a quantity standpoint, it appears that there is enough material for the landfill construction.  The survey shows that there is 18,575 cubic yards as compacted in the stock pile with 14,520 cubic yards needed to be in place at the landfill.  Superintendent of Public Works Jackie Darter has identified some additional material that is available for future expansion. 

On the control fill stock pile that needs to be constructed with the 4B expansion, the survey shows that 70,000 cubic yards as compacted in stock pile.  Between the 70,000 cubic yards and the suitable material that can be used from the cut out of 4B, it is believed that there is enough material to construct the control fill.  If it does not, it is understood that more material can be obtained from DWALE.  An application is being prepared for VRA for funding of phase 4B.  The tentative project schedule is to submit that application on February 13, 2013, open bids in April, sell bonds in May, and construct in May through November. 

A Storm Water Pollution Prevention Plan was submitted to DEQ as required and is being implemented by the County.  The 2012 Semi-annual Ground Water Report has been completed and it has been submitted to DEQ on October 22, 2012 with a favorable response.  There has been a minor permit modification request to DEQ to add some existing ground water wells due to the expansion of the upcoming landfill expansion. 

The County has implemented the closure plan for the Bull Hill Transfer Station.  T&L has inspected and certified it is now closed.  DEQ likewise issued a closure designation and the transfer station has been officially closed, demolished and salvaged.  

Regarding the CNW Septage Project, T&L is in the final stages of the application to DMME for experimental practices designation.  If the CNW Project is implemented, it will eliminate the requirement for Wise County to reclaim the eastern back side of the high wall.  Several meetings have been held with DMME and they seem to be very supportive of this project.  Mr. King noted a letter of support is needed from the Board to accompany the application to DMME regarding this project.  DEQ has approved the loan to CNW for the project in the amount of $4.6M.  CNW has asked for a reduced interest rate down to 1% because the project is green and innovated.  This request is still pending with DEQ.  Because of the potential CNW Project and the future regulations on gas management, T&L is investigating options for gas collection on behalf of Wise County.

IN RE:  RESOLUTION EXPENDITURES FOR LANDFILL EXPANSION

Bill King explained that this resolution will allow the County to reimburse itself from the bond proceeds for the work that has already been completed at the landfill.

A motion was made by Ronnie Shortt, seconded by Fred Luntsford, to approve the resolution declaring the official intent of the Board of Supervisors to reimburse expenditures for landfill expansion with proceeds of debt.  The motion was unanimously approved.

RESOLUTION #                    2012

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

IN RE:  POUND HIGH SCHOOL TRANSFER

Attorney Mullins noted that Jane Bennett, Town Manager of Pound, called and asked that discussion on the Pound High School facility be tabled until the January meeting to allow the Pound Town Council to meet and discuss further the Pound High School property.  She said she would call Ms. Bennett and fill her in on the Board’s wishes, which could be taken back to the Town Council for consideration

A motion was made by Dana Kilgore, seconded by J. H. Rivers, to table the discussion on the transfer of the Pound High School until the January meeting.  The motion was unanimously approved.

IN RE:  RESOLUTION – SOUTHWEST AMBULANCE SERVICE LLC

Angela Ramey, President of the Southwest Ambulance Service LLC came before the Board seeking approval to provide an advanced life support service throughout the Commonwealth of Virginia.

After several answered questions from Board members, a motion was made by Ronnie Shortt, seconded by Steve Bates, to approve the resolution granting approval to Southwest Ambulance Service, LLC to operate Advance Life Support services and locate in Wise County Virginia subject to approval of the Office of Emergency Medical Services of Virginia.  The motion was unanimously approved.

RESOLUTION #                 2012

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

IN RE:  VDOT AGREEMENT

A memorandum was received from the VDOT Traffic Engineering Division stating that in the 2012 General Assembly, HB914 was passed to amend Section 33.1-210.2 of the Code of Virginia, which became effective July 1, 2012.  The amended code provides that the county or town may install and maintain “Watch for Children” warning signs (W15-VI) at certain locations through an agreement with the Commissioner and that the county or town will pay for the associated purchase, installation & maintenance cost.  The amended section deleted previous language stipulating the particular source of funding to be used by the County for such signs.

A motion was made by Dana Kilgore, seconded by Ronnie Shortt, to approve the Agreement for the installation and maintenance of “Watch For Children” signs by County or towns as presented.  The motion was unanimously approved.

IN RE:  BUDGET AMENDMENTS

A motion was made by Fred Luntsford, seconded by Virginia Meador, to approve budget amendments # 10 & 11 as presented.  The motion was unanimously approved.

IN RE:  APPOINTMENT – IDA

A motion was made by J. H. Rivers, seconded by Virginia Meador, to re-appoint Kimberly Mullins to the IDA for a term of four (4) years.  The motion was unanimously approved.

IN RE:  APPOINTMENT-LONESOME PINE YOUTH SERVICES BOARD

A motion was made by Dana Kilgore, seconded by Steve Bates, to table the appointment to the Lonesome Pine Youth Services Board until the January meeting.  The motion was unanimously approved.

IN RE:  ORGANIZATIONAL MEETING

A motion was made by Virginia Meador, seconded by Ronnie Shortt, to set the Organizational meeting for Thursday, January 10, 2013 @ 5:50 PM.  The motion was unanimously approved.

BREAK

The Board took a break at 8:10 PM
The meeting reconvened at 8:23 PM

IN RE:  CLOSED SESSION

A motion was made by J. H. Rivers, seconded by Steve Bates, to go into closed session as permitted by 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.

After closed session, a motion was made by Dana Kilgore, seconded by Ronnie Shortt, to reconvene the meeting.  The motion was unanimously approved.

IN RE:  RESOLUTION CLOSED SESSION

Secretary Underwood read the certification for closed meeting.

A motion was made by J. H. Rivers, 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

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

IN RE:  CIP  FINANCING / 2013

A motion was made by Dana Kilgore, seconded by J. H. Rivers, to authorize Finance Administrator David Cox to proceed with the Capital Plan financing through the responder ranked #1 that will reduce that amount, by the Justice Center amount, with the revised Capital amount being $1,350,000. The motion was unanimously approved.

BOARD COMMENTS

Supervisor Kilgore stated that it has come to her attention that citizens in Flatwoods say that the cable lines are old in their area and service is very poor.

  • She asked that Comcast be contacted to ascertain their plans for upgrading the lines in that area to improve that service.

  •  She also asked for an update on the LENOWISCO Project with the cell towers and the extension of wireless service in the Red Wine area.

 

Chairman Adkins asked that someone from Comcast address the Board at some point regarding complaints that Board members are receiving.

Supervisor Rivers made the following requests:

  • He would like to know how much has been drawn down on each of the school bonds. 

  • The $6M being spent through several different bonding arrangement agreements.

  • He asked to know what each of those are and the current status through December 14, and sent electronic to Board members by the end of next week if possible.

  • He asked for a report on the use of aluminum wiring in the new school buildings.

  • He noted complaints on Comcast services.

  • Status of Gas severance in Southwest Virginia

 

All Board members wished citizens a Merry Christmas.

ADJOURN

A motion was made by Dana Kilgore, 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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