Board of Supervisors - January 9, 2014 Regular Meeting

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The Wise County Board of Supervisors met in a Regular Meeting on Thursday, January 9, 2014 @ 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
Shannon C. Scott – County Administrator
Karen T. Mullins – County Attorney
David L. Cox – Finance Administrator
Annette Underwood – Executive Secretary

PRAYER

Adrian Dale 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 J. H. Rivers, seconded by Robby Robbins, to approve the agenda as presented to included items as noted in red.  The motion was unanimously approved.

ROADS AND HIGHWAY

Administrator Scott informed the Board that there was no opposition to the temporary closing of the road located in the Crackers Neck section of Big Stone Gap.

Supervisor Kilgore asked that Attorney Mullins review a letter she had received and report back to the Board as to its content.

IN RE:  PUBLIC HEARING –CONDITIONAL REZONING – HOWARD GALLOWAY

A public hearing was duly advertised for this date to receive citizens’ comments regarding a request from Howard Galloway for a conditional rezoning of 7.54 acres of property located at 4716 Kent Junction Road in Appalachia for the purpose of operating a fishing pond located on said property for business.

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

IN RE:  PUBLIC HEARING – CONDITIONAL REZONING – NANCY EVANS

A public hearing was duly advertised for this date to receive citizens’ comments regarding a request from Nancy Evans for a conditional rezoning of 1.35 acres of property located at 14549 Bull Run Road between Coeburn and St. Paul for the purpose of operating a business  to sell outdoor furniture.

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

IN RE:  APPALACHIAN SPRING UPDATE

Todd Christenson, Executive Director for the Southwest Virginia Cultural Heritage Foundation, provided a brief video on Appalachian Spring and its endeavors to enhance and promote outdoor recreation in Southwest Virginia.

Mr. Christenson stated that Appalachian Spring is an initiative to develop and promote the world class outdoor recreation and natural resource assets of Southwest Virginia to create an international awareness of the region as a travel, and, ultimately, business development and living destination.

The role of Appalachian Spring is not to create new outdoor experiences, but to enhance existing assets, make them accessible to the visitor, and connect them to the other regional assets to create an ambient impression on the traveler of the richness of the experience they will encounter.

Appalachian Spring is being implemented through Friends of SWVA, which is a nonprofit organization that is aligned with the SWVA Cultural Heritage Foundation, which facilitates creative economy efforts in the 19 county, four city area of Southwest Virginia.  It is hoped that this effort will transition to a self directed entity.

Appalachian Spring is supported through the National Rural Jobs and Innovation Accelerator Challenge Grant funded through the EDA, USDA Rural Development, ARC, and (via a match) the Tobacco Commission.

The goals of Appalachian Spring are for the creation of 50 new businesses and hundreds of jobs related to this effort with noted partners.  To assist 200 businesses related to this effort with noted partner, and to increase in revenues by 10% from local taxes and fees in outdoor oriented communities.

Mr. Christenson further noted the need for capital improvements and infrastructure for recreation to be a success.  It takes everyone working together with the same goal for success to be achieved.

IN RE:  APPALACHIA FIRE DEPARTMENT

Andy Rose, Captain of the Appalachia Rescue Squad, briefed the Board on his intent, as Captain, to try & save the squad from its financial struggles and possible closure.  He gave a brief summary on the activities of the squad prior to his becoming Captain, and the increase in calls since that time.   The squad at this time is fully capable and equipped to continue meeting the needs in Appalachia.  Appalachia Rescue Squad is a good EMS agency, and is licensed as an advanced life support transport agency. The patients get quality care from EMT Certified providers.  Mr. Rose’s goal is to continue improving the Squad.

Mr. Rose said he understood that there is a possibility that the Appalachia Fire Department is being given the Appalachia Rescue Squad’s EMS transport responsibility.   He noted that the squad was established in Appalachia in 1962, and at this time they have the potential to be the best rescue squad in Southwest Virginia.  He asked the Board to table the resolution before them tonight or any matter concerning the Appalachia Rescue Squad for at least 90 to 180 days to allow him to prove to the Board that the Appalachia Rescue Squad has changed for the better, and is changing for the better, and is deserving to continue to operate as the EMS agency for his community.  

Darrell Beavers, District 9 Vice-President for the Virginia Association of Volunteer Rescue Squads, addressed the Board with information regarding the Appalachia Rescue Squad.  He stated that the Appalachia Rescue Squad is a member of this association.  He asked the Board to postpone its decision on the proposal before them because the Virginia Association of Volunteers Rescue Squads has a professional crew throughout the state that is a Volunteer Management Committee comprised of 10 to 12 members to help in situations such as this.  He further advised that if the Appalachia Fire Dept is given the Appalachia Rescue Squad’s EMS transport responsibilities, there will be a wait, which could be an extended period of time, before they get certified thru EMS.      

PUBLIC EXPRESSION

Danny Stallard, a resident of Hurricane, praised the new Central High School as being a first class facility and will be an asset for economic development.

Mr. Stallard asked about the status of getting WYMT TV back on the local cable system.

Administrator Scott advised that Comcast representative Mr. Byrd  informed him that there has been communication between the Comcast attorneys and WYMT attorneys and the legal necessities are almost worked out to bring WYMT back to Wise County.  They are asking for some improvements in communications with the antenna located on High Knob.  Mr. Scott further noted that Mr. Byrd was attending a funeral this evening and not able to be present at this meeting.

Supervisor Shortt said several of his constituents have received a $6.00 increase in their cable bills with no explanation.  He asked that Mr. Byrd be contacted for an explanation.

Supervisor Rivers noted that he has been made aware that there is no one to speak with when dialing the customer service line for internet and phone line services.

Administrator Scott said he could make note of these complaints and bring them to Mr. Byrd’s attention.
 
There being no further comments, the public expression period was closed.

IN RE:  CONSENT AGENDA

Attorney Mullins advised the Board that the public hearing being set for the proposed E-911 road name, Warrior Drive, is for the new road leading to Central High School.  She asked that the Board allow that name to be assigned on an emergency basis until it can be adopted at the February meeting after the public hearing.

A motion was made by Fred Luntsford to approve the consent agenda as presented.

J. H. Rivers seconded the motion to include the E-911 road name, Warrior Drive, being assigned on an emergency basis until it can be consider by the Board at its February meeting.

Supervisor Luntsford agreed to amend his motion accordingly.  The motion was unanimously approved.

IN RE:  E-911 ROAD NAME ADDITION

Set a public hearing (February 13, 2014 @ 6:00 PM) on a proposed E-911 road name Warrior Drive

IN RE:  RESOLUTION SPEED STUDY RT 630

Approved the resolution for a Speed and Safety Study on Rt. 630

RESOLUTION # 1 - 2014

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

The motion to approve the consent agenda as stated was unanimously approved.
 
IN RE:  BLACKWOOD LANDFILL SITE IVB – CHANGE ORDER #4

Eric Price, representing Thompson & Litton, informed the Board that Phase IVB of the Blackwood Landfill was substantially completed on November 26.  Through the month of December, all punch list items were completed. Before using Phase IVB, DEQ must give their approval.  He asked for approval of  Change Order #4-revised for a credit of $28,000.  There now remains, on that project, a contingency of $202,000, which will come back to the County.

A motion was made by Ronnie Shortt, seconded by J. H. Rivers, to approve Change Order #4-revised for the Blackwood Landfill site IVB development as presented.  The motion was unanimously approved.

IN RE:  RESOLUTION – APPALACHIA FIRE DEPARTMENT  EMERGENCY SERVICES PERMIT

Attorney Mullins stated that an application has been received from the Appalachia Fire Department to be sent to the Virginia Office of Emergency Services requesting expansion of their service to include emergency medical transport services.   A resolution from the Board of Supervisors granting approval for their Department to operate within Wise County must accompany this application.  She reviewed several steps that must be taken in this process and the first step is to get approval from the Board of Supervisors for the Appalachia Fire Department to operate within Wise County.   
Supervisor Luntsford said he had met with Attorney Mullins, Attorney Mike Abbott, several County officials, and officials from the Southwest Virginia Emergency Medical Services Council to get directions on the proper procedure for making this transition as explained by Attorney Mullins.

Travis Anderson, Assistant Chief of the Appalachia Fire Department, briefed the Board on the status of the Fire Department’s efforts in bringing their department in compliance with EMS regulations to expand their services to include emergency medical transport services.

A motion was made by Fred Luntsford, seconded by Ronnie Shortt, to adopt the resolution granting the Appalachia Fire Department approval to operate within Wise County as a First responder and as Emergency Ground Transport, subject to their compliance with regulations of the State of Virginia, policies of Wise County, and Dispatch Protocols. 

Attorney Mullins noted that a public hearing needs to be set for the February meeting at 6:00 PM to change the responders for the designated calling zone if the application is approved by the State.

Supervisor Luntsford said he would amend his motion to include setting a public hearing for public comments on changing the responders for the designated call zone for the Appalachia area.

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

Motion carried.

Supervisor Luntsford noted for the record that he is not asking the Board to de-certify the Appalachia Rescue Squad.  Their certification will stay intact.  

RESOLUTION # 2 - 2014

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

IN RE:  BUDGET AMENDMENT

A motion was made by J. H. Rivers, seconded by Ronnie Shortt, to approve budget amendments as follows:
 
#8 – DMV STOP administrative charges… $1,620.00
 #9 – Library of Virginia – item Conservation Grant  …$8,655.00
#10 – Haz-Mat Pass through clean-up funds ….$1,040.57

The motion was unanimously approved.

IN RE:  APPOINTMENT – EMERGENCY SERVICES DIRECTOR (term of office)

J. H. Rivers nominated Bob Adkins as Emergency Services Director
Ronnie Shortt made a motion that nominations cease and Bob Adkins be re-appointed as Emergency Services Director by acclamation.  The motion was unanimously approved.

IN RE:  APPOINTMENT – HIGHWAY SAFETY COMMISSION (term of office)

A motion was made by Fred Luntsford, seconded by J. H. Rivers, to re-appoint Ronnie Shortt to the Highway Safety Commission.  The motion was unanimously approved.

IN RE:  APPOINTMENT – LENOWISCO BOARD OF DIRECTORS (term of office)

A motion was made by J. H. Rivers, seconded by Virginia Meador, to re-appoint the following individuals to the LENOWISCO Board of Directors.

Bob Adkins (Dist 2)
Robby Robbins (Dist 4)
Ronnie Shortt (Dist 1)

The motion was unanimously approved.

IN RE:  APPOINTMENT - NINTH DISTRICT DEVELOPMENT FINANCING BOARD OF DIRECTORS (term of office)

Virginia Meador nominated Robby Robbins for re-appointment to the Ninth District Development Financing Board of Directors.

J. H. Rivers made a motion that nominations cease and Robby Robbins be re-appointed to the Ninth District Development Financing Board of Directors by acclamation.   The motion was unanimously approved.

IN RE: APPOINTMENT – PLANNING DISTRICT 1 BEHAVIORAL HEALTH SERVICES BOARD (term of office)

J. H. Rivers nominated Robby Robbins for re-appointment to the Planning District 1 Behavioral Health Services Board.

Virginia Meador made a motion that nominations cease and Robby Robbins be re-appointed to the Planning District 1 Behavioral Health Services Board by acclamation.  The motion was unanimously approved.

IN RE:  APPOINTMENT – PSA (term of office)

A motion was made by Steve Bates, seconded by J. H. Rivers, to re-appoint Bob Adkins to the PSA.  The motion was unanimously approved.

IN RE:  APPOINTMENT – SARA TITLE III COMMITTEE (term of office)

Fred Luntsford nominated Bob Adkins for re-appointment to the SARA Title III Committee.

J. H. Rivers made a motion that nominations cease and Bob Adkins be re-appointed to the SARA Title III Committee by acclamation.  The motion was unanimously approved.

IN RE:  APPOINTMENT – EASTERN COAL COUNCIL (term of office)

J. H. Rivers nominated Bob Adkins for re-appointment to the Eastern Coal Council.

Virginia Meador made a motion that nominations cease and Bob Adkins be re-appointed to the Eastern Coal Council by acclamation.   The motion was unanimously approved.

IN RE:  APPOINTMENT – LONESOME PINE YOUTH SERVICES BOARD (term of office)

Robby Robbins nominated Virginia Meador for re-appointment to the Lonesome Pine Youth Services Board.

J. H. Rivers made a motion that nominations cease and Virginia Meador be re-appointed to the Lonesome Pine Youth Services Board by acclamation.  The motion was unanimously approved.

BREAK

The Board took a brief recess at 7:15 PM
The meeting reconvened at 7:25 PM

CLOSED SESSION

A motion was made by Robby Robbins, seconded by Steve Bates, 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

      •    (A)(7) Consultation with Legal Counsel

      •    (A)(1) Personnel

The motion was unanimously approved.

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

IN RE:  RESOLUTION CLOSED SESSION

A motion was made by Fred Luntsford, seconded by Ronnie Shortt, to adopt the resolution certifying that only public business matters lawfully exempted from open meeting requirements, as were identified in the motion convening the closed meeting, were discussed or heard by the Board of Supervisors.  The motion was unanimously approved by roll call vote.

RESOLUTION #3 -2014

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

IN RE:  MEDIA

A motion was made by Fred Luntsford, seconded by Ronnie Shortt, to authorize the Leadership Team to pursue cost estimates for moving the Board of Supervisors media to an alternate location.  The motion was unanimously approved.

 IN RE:  BOARD OF SUPERVISORS CHANGE OF MEETING LOCATION

A motion was made by Fred Luntsford, seconded by Dana Kilgore, to amend the Board of Supervisors meeting location, beginning in February, to the School Board Education Center located on Lake Street.  The motion was unanimously approved.

IN RE:  ARC  TV CONTRACT AGREEMENT

A motion was made by Ronnie Shortt, seconded by Fred Luntsford, to authorize the Leadership Team to enter into a contract agreement with ARC TV with necessary changes to the agreement.  The motion was unanimously approved.

FINANCE ADMINISTATOR

Finance Administrator David Cox asked the Board to consider having a budget workshop meeting to discuss the 2015 budget sometime in the latter part of February.  He said he would like to be allowed time at the February meeting to review the County’s financial situation and discuss the decline in revenues for the current budget.

It was the consensus of the Board to have Mr. Cox present his findings on the current decline in revenues at the February meeting.

BOARD COMMENTS

Supervisor Rivers expressed his concern regarding a $3M short fall in revenue that will have a tremendous impact on the upcoming budget as well as this year’s budget.  He felt that all departments, all constitutional officers, and all component units must start looking for ways to cut costs now in this year’s budget and in the upcoming budget. 

ADJOURN

There being no further business to come before the Board, a motion was made by Fred Luntsford, seconded by Robby Robbins, 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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