Board of Supervisors - June 13, 2013 Regular Meeting

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The Wise County Board of Supervisors met in a Regular Meeting on Thursday, June 13, 2013 @ 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 Robert E. Robbins, Jr.
Honorable J. H. Rivers
Honorable Fred Luntsford
Honorable Ronald L. Shortt
Honorable Steve Bates – members of said Board and
David L. Cox – Finance Administrator
Karen T. Mullins – County Attorney
Annette Underwood – Executive Secretary

ABSENT

Shannon C. Scott – County Administrator

PRAYER

Bob Adkins led in prayer.

PLEDGE

All led in the pledge of allegiance to the flag.

MINUTES

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

AGENDA

A motion was made by Robby Robbins, seconded by Steve Bates, to approve the agenda as presented to include items in red.  The motion was unanimously approved.

ROADS AND HIGHWAYS

Supervisor Robbins stated that on the main road in the Crab Orchard section of Coeburn, the ditches are filled in and water is washing across the road leaving mud and debris on the road, which has created a safety issue.

Supervisor Kilgore asked that VDOT be contacted regarding unsightly drawings that have been made on the pavement in Timberville Acres on Mosswood Lane located past the Job Corp in Coeburn. 

IN RE:  PUBLIC HEARING – COAL & GAS MINERAL SEVERANCE LICENSE TAX ORDINANCE AMENDMENT

A public hearing was duly advertised for this date to receive citizens’ comments regarding a proposed amendment to the Coal, Gas & Oil Mineral Severance License Tax Ordinance #1-2012.

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

IN RE:  PUBLIC HEARING – ORDINANCE PROHIBITING SALE OF SYNTHETIC DRUGS

A public hearing was duly advertised for this date to receive citizens’ comments regarding a proposed Ordinance Prohibiting the Sale of Synthetic Drugs.

Walter Crouse voiced his opposition for the sale of synthetic drugs and felt that those businesses selling such drugs should be put out of business.  He supported the proposed ordinance.

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

IN RE:  PUBLIC HEARING – COUNTY’S FY 2012/13 BUDGET AMENDMENT

A public hearing was duly advertised for this date to receive citizens’ comments on a change to Wise County’s FY 2012/13 budget.  This change totals $3,800,000 which is an amount greater than 1% of the adopted FY 2012/13 budget.  This increase is for school construction capital outlay due to the advanced progress of the school construction projects.

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

IN RE:  COMPREHENSIVE PLAN UPDATE

Building and Zoning Administrator Robert Mullins was scheduled to speak regarding the Comprehensive Plan update but was unable to attend the meeting.  This will possibly be scheduled for the July meeting.

IN RE:  BLACKWOOD LANDFILL  EXPANSION UPDATE

Eric Price, representing Thompson & Litton, gave the Board an update on the construction at the Blackwood Landfill.  Notice to proceed was given on May 20.  The Contractor has mobilized and has completed the clearing and grubbing operations in the fill area.  They have started removing several monitoring wells and gas vents.  Some excavation has begun, however, the recent rains has slowed that process.  Twenty loads (500 tons) of stone have been hauled out of approximately 31,000 tons that is being stock piled on site.   

Mr. Price explained that a change order is needed for the drainage blanket that goes at the toe of the fill.  It was estimated that there would be a need for a drainage blanket which comprised of 18” of stone sandwiched between some geo fabric.  The reason for the drainage blanket is to provide a stable slope.  At the time, that area was estimated to be in the neighborhood of 6,700 sq. feet, but turns out to be about three times that size.  He asked that the Board consider approving a change order in the amount of $53,332.00 to cover this additional drainage blanket area.  This amount will be taken from the contingency and will leave $239,000.  The overall budget including some equipment that has been purchased , leaves remaining uncommitted funds of just over $400,000.

IN RE:  BLACKWOOD LANDFILL PHASE IVB -------CHANGE ORDER #1

A motion was made by Robby Robbins, seconded by Dana Kilgore, to add to the agenda change order #1 for the additional drainage area for the Blackwood Landfill expansion, and further to approve said Change Order #1 in the amount of $53,332.00 for the additional drainage  blanket area at the Blackwood Landfill.  The motion was unanimously approved.

PUBLIC EXPRESSION

Walter Crouse, a resident of the Hurricane area, touched on the following topics:

  • Lease Haliburton building and make it a recycling center

  • Citizens do more recycling

  • Remove the $200,000 plus cost for the Vice-Principles in School budget

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

IN RE:  CONSENT AGENDA

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

IN RE:  RESOLUTION PLANNING DISTRICT ONE BEHAVIORAL SERVICES

Approved the resolution changing the fiscal agent for the Planning District One Behavioral Health Services

RESOLUTION #  22-  2013

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

IN RE:  E-911 ROAD NAME ADDITIONS

Set public hearing (6:00 PM July 15, 2013) proposed E-911 road name additions

The motion to approve the agenda was unanimously approved.

IN RE:  ORDINANCE SALE OF SYNTHETIC DRUGS

A public hearing was held on June 13, 2013 to receive citizens’ comments regarding the proposed ordinance on the sale of synthetic drugs.  There was no opposition to the proposed ordinance.

A motion was made by Ronnie Shortt, seconded by Steve Bates, to approve the Ordinance Prohibiting the Sale of Synthetic Drugs as presented.  The motion was unanimously approved.

ORDINANCE #  1 - 2013

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

IN RE:  ORDINANCE COAL, GAS AND OIL MINERAL SEVERANCE  LICENSE TAX AMENDMENT

A public hearing was held on June 13, 2013 to receive citizens’ comments regarding an amendment to the Coal, Gas and Oil Mineral Severance License Tax Ordinance #1-2012.

There was no one to speak regarding the proposed amendment.

A motion was made by Robby Robbins, seconded by Dana Kilgore, to approve the proposed amendment to the Coal, Gas and Oil Mineral Severance License Tax Ordinance #1-2012.

AMENDMENT TO MINERAL SEVERANCE LICENSE TAX ORDINANCE #1-2012

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

IN RE:  RESOLUTION SCHOOL BOARD FY 2013/14 BUDGET

A public hearing was held on May 23, 2013 to receive citizens’ comments regarding the proposed Wise County School Board budget for FY 2013/14.  There was only one public speaker regarding the School Board budget.

A motion was made by Dana Kilgore, seconded by Steve Bates, to adopt the resolution approving the Wise County public schools budget by expenditure classification/category as presented.  The motion was unanimously approved.

RESOLUTION # 23 - 2013

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

IN RE:  RESOLUTION COUNTY FY 2013/14 BUDGET  

A public hearing was held on May 23, 2013 to receive citizens’ comments regarding the proposed Wise County FY 2013/14 budget.  There was only one public speaker regarding the County’s proposed FY 2013/14 budget.

A motion was made by Ronnie Shortt, seconded by Dana Kilgore, to adopt the resolution approving the County’s FY 2013/14 budget as presented.  The motion was unanimously approved.

RESOLUTION # 24 - 2013

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

IN RE:  APPROPRIATIONS - 1st  QUARTER

A motion was made by Dana Kilgore, seconded by Robby Robbins, to approve the 1st quarter appropriations as presented.  The motion was unanimously approved.

IN RE:  BUDGET AMENDMENT S

A motion was made by Dana Kilgore, seconded by Robby Robbins, to approve budget amendments #32 thru #38 as presented.  The motion was unanimously approved.

IN RE:  BUDGET AMENDMENT (SCHOOLS BUDGET)

A public hearing was held on June 13, 2013 to receive citizens’ comments regarding an amendment to Wise County’s FY 2012/13 budget in the amount of $3,800,000 for school construction capital outlay, which is due to the advanced progress of the school construction projects.

A motion was made by Dana Kilgore, seconded by J. H. Rivers, to approve budget amendment #39 School Construction Capital Outlay Fund in the amount of $3,800,000 as presented.  The motion was unanimously approved.

IN RE:  APPOINTMENT BOARD OF ZONING APPEALS

A motion was made by Virginia Meador, seconded by J. H. Rivers, to re-appoint Deborah S. Kilgore to the Board of Zoning Appeals for a term of five (5) years.  The motion was unanimously approved.

IN RE:  APPOINTMENT REDEVELOPMENT & HOUSING AUTHORITY

A motion was made by Steve Bates, seconded by Bob Adkins, to appoint Eula Hughes to the Wise County Redevelopment & Housing Authority for a term of four (4) years.  The motion was unanimously approved.

IN RE:  APPOINTMENT LONESOME PINE YOUTH SERVICES BOARD

J. H. Rivers nominated Jonathan L. Hall to the Lonesome Pine Youth Services Board.

Ronnie Shortt made a motion that nominations cease.  The motion was unanimously approve.

Jonathan L. Hall was appointed by acclamation for a term to expire upon his graduation.

IN RE:  RESOLUTION AMENDMENT COAL & GAS ROAD COMMITTEE ANNUAL PLAN

A motion was made by Virginia Meador, seconded by J. H. Rivers, to adopt the resolution approving the resolution of the Wise County Coal & Gas Road Improvement Advisory Committee amending the Annual Plan for Roads and Bridges Period July 1 thru June 2014.  The motion was unanimously approved,

RESOLUTION # 25 - 2013

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

IN RE:  ROAD IMPROVEMENT – DISTRICT 3

Attorney Mullins explained that there is a road in District 3 that has some safety issues and the County has been asked to look at the road to ascertain whether or not the County can provide assistance in correcting this problem.   Not knowing the cost for fixing this problem has made it difficult to make a determination of what needs to be done.  Since the County’s policy for road improvements does not address this type of improvement, she asked the Board to allow the Administration to proceed with obtaining a survey and cost estimate on this road to make sure this is a “public way”.  Deeds and titles are being researched to ascertain that information.  The actual request is to pave the area that has the potential to wash gravel on to the main road causing a safety hazard.    VDOT has reviewed the problem and the road in some places is only 12 to 15’ wide, which does not meet VDOT specifications. 

Supervisor Kilgore noted that perhaps the County Policy needs to be changed.

Attorney Mullins said that the policy does need to be updated countywide.  Since that has not been done, authorization is needed from the Board to allow the Administration to proceed with a survey and a cost estimate for the road improvement to address the concerns that have been brought to the County’s attention.  If this request does not fall within the policy or normal procedures, this action would satisfy any audit concerns.

Supervisor Rivers stated that several people have reviewed the road including VDOT, Jackie Darter and Administrator Scott to see whether or not the road could be brought up to VDOT standards for possible inclusion in the Secondary System.  The second option would be to ascertain whether or not the road would qualify for coal road funds.

After further discussion, a motion was made by J. H. Rivers, seconded by Virginia Meador, to authorize the Administration to proceed with obtaining a survey and a cost estimate for improvement of this road.

Chairman Adkins noted the decrease in coal severance tax, which will impact the gravel fund that is used to place gravel on the community roads.  He cautioned that the formula put in place by the Coal & Gas Road Committee for gravelling the community roads needs to be adhered to since coal severance is decreasing.

Supervisor Meador stated that in the past when a road was paved, it was with the understanding that it was a “one time” paving and the County would no longer be doing any maintenance or repairs on that road. 

Supervisor Kilgore said she felt the property owners should be responsible for the cost of the survey.

Attorney Mullins stated that she was not aware as to whether or not that had been discussed with the property owners but she would follow up.        

The motion was unanimously approved.

IN RE:  CLOSED SESSION

A motion was made by Dana Kilgore, seconded by Robby Robbins, to go into closed session to discuss the investing of public funds as permitted by Section 2.2-3711(A)(6) of the Code of Virginia.  The motion was unanimously approved.

After closed session, a motion was made by Robby Robbins, seconded by Virginia Meador, to reconvene the regular meeting.  The motion was unanimously approved.

 CERTIFICATION FOR CLOSED SESSION

Secretary Underwood read the certification for closed meeting.

A motion was made by J. H. Rivers, seconded by Ronnie Shortt, to approve the resolution verifying matters discussed while in closed session.  The motion was unanimously approved.

RESOLUTION # 26 - 2013

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

IN RE:  COUNTY AUDITOR

A motion was made by J. H. Rivers, seconded by Virginia Meador, to authorize Administration to proceed with negotiations of possible execution of an agreement for the firm that has been ranked number 1 to provide audit services for Wise County.  The motion was unanimously approved.

BOARD COMMENTS

There were several comments from Board members regarding the need for regional recycling and existing problems with Comcast.

Supervisor Lunsford asked Attorney Mullins to check and see if there is an ordinance or ordinances that may give the County some authority to remove old buildings that have been condemned and are a safety hazard.

ADJOURN

There being no further comments, a motion was made by Robby Robbins, seconded by Dana Kilgore, 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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