Board of Supervisors - February 14, 2008 Regular Meeting

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The Wise County Board of Supervisors met in a Regular meeting on Thursday, February 14, 2008 at 6:00 p.m. in the Circuit Court room located in the Wise County courthouse.  The following were present:

Honorable Robert R. Adkins – Chairman
Honorable Virginia Meador – Vice-chair
Honorable Ronald Shortt
Honorable Fred Luntsford
Honorable Steve Bates
Honorable Robert E. Robbins
Honorable Dana G. Kilgore
Honorable J. H. Rivers, members of said Board and
Glen A. Skinner – County Administrator
Shannon C. Scott – Assistant County Administrator
Karen T. Mullins – County Attorney
Annette Underwood – Executive Secretary

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 Robby Robbins, to approve the minutes as presented.  The motion was unanimously approved.

Supervisor Rivers noted that the agenda was not consistent with the format that was approved at the Organizational meeting.

Attorney Mullins stated that she would address the agenda and needed changes during her report.

AGENDA

Chairman Adkins reviewed the proposed addition/deletion to the agenda.

A motion was made by Ronnie Shortt, seconded by Dana Kilgore, to approve the agenda as presented to include the deletions/additions as read.  The motion was unanimously approved.

IN RE:  PRESENTATION- CONCERN CITIZENS- POWER PLANT

Diana Withen and Anna Hess, presented a power point presentation on the harmful effects of a power plant on the environment, wildlife, air, water and its inhabitants.  The health of the elderly and children are most at risk with asthma already being at a high rate in Wise County.
Videos were provided to the Board for its review on the harmful effects of a power plant.

IN RE:  PUBLIC EXPRESSION

Individuals spoke in opposition to the power plant because of the mercury and other poisons that would pollute our environment, destroy wildlife and would further enhance the asthma problem that now exist in our children.  The Board was asked to use our area for its musical talents, museums of pioneer history, farmer’s markets, camping activities, outdoor dramas, story telling and crafts; all of which would create businesses and create jobs. This could all come about with team work and a vision for our county.  With tourism being the main focus for our region, the natural beauty of our county would be protected and enjoyed by all.

The following individuals spoke in opposition of the power plant:

Mary Darcie
Lara Miller
Keith Ramey
Cathy Selvage
Jean Branham
Walter Crouse
Maggie Hess

The following individuals spoke in favor of the power plant because of the economic impact to Wise County:

Archie Maggard
Roger Jones

Individuals spoke on behalf of Wings and its faithful and capable service that has been provided citizens in our region for the past 13 years with a response time of 6 minutes or less to any part of Wise County.  A petition was presented to the Board asking the Board to deny the resolution from Wellmont One which would allow its services in Wise County.  With Wellmont One being based in Greenville, TN, the response time to an emergency would not be in the best interest of Wise County citizens. 

The following individuals spoke in opposition to Wellmont One services in Wise County:

Jason Hefner
Jim Manicure
Craig James
Tom Dingus
Pete Ramey
Lady (a nurse)

The following individuals spoke in favor of Wellmont One services in Wise County to assist Wings and to provide competition in this service:

Bob Spera
Roger Viers
Anita Ashby

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

RECESS

The Board took a brief recess at 7:45 p.m.
The meeting reconvened at 8:00 p.m.

IN RE:  ROAD AND HIGHWAYS

Highway Residency Administrator T. G. Branson reviewed the resolution on the Secondary Six Year Plan and the Construction Priority List.

Board members provided needs in their districts for VDOT review.

IN RE:  RESOLUTION SECONDARY SIX YEAR PLAN & CONSTRUCTION PRIORITY LIST

A joint public hearing was held between VDOT and Wise County Board of Supervisors on December 6, 2007 to receive citizens’ comments on the proposed Secondary Six Year Plan and the Construction Priority list.  There was no public opposition to the Six Year Plan or the Construction Priority list.

A motion was made by Ronnie Shortt, seconded by J. H. Rivers, to adopt the resolution approving the Secondary Six-Year Plan for FY 2008-09 through 2013-14 and the Construction Priority List 2008/09.  The motion was unanimously approved.

RESOLUTION #                   2008

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

IN RE:  CONSENT AGENDA

A motion was made by J. H. Rivers, seconded by Ronnie Shortt, to approve the consent agenda as follows:

IN RE:  COMMISSIONER OF REVENUE REFUNDS REQUESTS

  • Kentucky Utilities Company –(Year 2007) Corrected Assessment -  $4,178.49
  • Mullican Flooring, LP –( 2004-05-06, and 07 Machinery & Tools Adjusted) - $3,900.91

IN RE:  PUBLIC HEARING – CONDITIONAL CHANGE OF ZONING

Set public hearing (March 6 @ 6:00 p.m.) on a request for a Conditional Change of Zoning

The motion to approve the consent agenda was unanimously approved.

IN RE:  RESOLUTION CAP INTEREST RATES – PAYDAY LENDERS

A motion was made by Ronnie Shortt, seconded by J. H. Rivers, to take no action on this resolution.  The motion was unanimously approved.

IN RE:  PRO-ART 2008 FUNDING

A motion was made by Virginia Meador, seconded by Fred Luntsford, to approve funding for Pro-Art in the amount of $10,000 for FY 2008-09.  The motion was unanimously approved.

IN RE:  RESOLUTION WELLMONT ONE SERVICES

Due to the many comments in opposition/support of the proposed resolution regarding Wellmont One helicopter services, a motion was made by Ronnie Shortt, seconded by Robby Robbins, to table any action on this resolution until the April meeting to allow time for more detailed information to be made available to the Board.  The motion was unanimously approved.

Chairman Adkins appointed the following committee to offer assistance between the two entities if needed:

Ronnie Shortt
J. H. Rivers
Robby Robbins

IN RE:  RESOLUTION – WATER & SEWER REVENUE BOND-LOWER BIRCHFIELD

The PSA is requesting approval of the resolution regarding the Rt. 72/Lower Birchfield Water Project.  This project is being funded through a CDBG grant in the amount of $810,000 as well as $1,540,807 from the VA Department of Health (of which $378,952 is a loan and $1,161,855 is a grant) for a total funding package of $2,350,807.

A motion was made by Ronnie Shortt, seconded by Fred Luntsford, to approve the Resolution Regarding the Issuance of a Water and Sewer Revenue Bond by the Wise County PSA and Providing for Wise County’s Moral Obligation to Make Certain Appropriations With Respect Thereto.  The motion was unanimously approved.

RESOLUTION #                      2008

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

IN RE:  RESOLUTION – WISE COUNTY PUBLIC SCHOOLS FY 07-08 BUDGET AMENDMENT

It was brought to the attention of the Board of Supervisors that a public hearing was made necessary by the fact that total budget amendments through January 2008 exceeded the 1% of the original adopted budget for FY 2007-2008.  This excess arose primarily because of the needed journal entry associated with the additional technology funds of approximately $465,000 provided to the Wise County public schools during August 2007.

A motion was made by Ronnie Shortt, seconded by Virginia Meador, to adopt the resolution amending the Resolution Approving the Wise County Public Schools Fiscal Year 2007-08 Budget by Expenditure Classification/Category.  The motion was unanimously approved.

RESOLUTION #      2008

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

IN RE:  FIRE DEPARTMENT & RESCUE SQUAD FUNDING

As a result of a recommendation to the Board of Supervisors and a draft letter presented to t hem by the Administrator’s Office that the County Administrator’s Office should start to make direct payment of vendor invoices for the fire departments and rescue squads within the County.  There was much discussion among the Board as to whether or not this was the best approach.  Concern was expressed by members of the Board because there had been no direct communication between the Administrator’s Office and any of those groups representing fire and rescue.  It was also noted that this recommendation arose as a part of Wise County’s efforts to establish better internal financial controls.

A motion was made by J. H. Rivers, seconded by Dana Kilgore, to table the funding for the fire departments and rescue squads for further information.  The motion was unanimously approved.

IN RE:  LIVESTOCK BARN

During recent months the number of livestock, especially horses, which have required pick up by the animal shelter staff has increased tremendously.  It is of the opinion that this is due to the fact that some can no longer afford to purchase hay to feed their livestock.

Superintendent of Public Works Jackie Darter was in contact with someone from whom he can purchase a used metal building that would meet the need of a livestock barn.

Superintendent Darter feels that the amount of money being spent on monthly stable fees to house the horses, etc while owners are awaiting trial, would pay for a barn.  This would also allow the animal control staff to feed and care for these animals while in their care.

A motion was made by Ronnie Shortt, seconded by Robby Robbins, to approve funding up to $7,000.00 for a live stock/horse barn at the animal shelter.  The motion was unanimously approved.

IN RE:  COURTROOM NEEDS – T&L PROPOSAL

Judge Dotson has addressed the need for more space in the General District court room.  Many court days there is an overflow of individuals into the hallway that needs to be inside the court room but the space is limited.  There are also times the Judge must maneuver through family members of those individuals just sentenced by him to get to his clerk’s office, which he feels is unsafe.  Those needs are a special concern to the Judge.  It is known that within the next year or two Wise County will have a second Circuit Court judge that will be based in Wise County, therefore, almost assuring the constant use of a second Circuit Court room.

The Maintenance staff has reviewed the floor plan and come up with some good ideas such as turning the old Circuit Courtroom into the new General District Courtroom which would require moving of some walls.  After reviewing those plans, it was decided that it would be best to secure the services of an architect to determine which walls to move etc., and to further do a Needs Assessment of the entire court system to ascertain other possible options that could be shared with the Board.  Bill Thompson of T&L has been requested to do a preliminary review to determine whether or not a Needs Assessment is appropriate.  Bill Thompson will address the Board of Supervisors at its Workshop meeting on March 6 to review his findings and advise the Board that the firm of T&L, Inc. is available to provide these services should the Board decide to go out for RFP.  Assistant Administrator Scott recommended that action on this agenda item be tabled until after Mr. Thompson has addressed the Board.
A motion was made by Dana Kilgore, seconded by J. H. Rivers, to table this item for one month.  The motion was unanimously approved.

IN RE:  APPLICATION FOR APPOINTMENT FORM

The Board was provided a draft of an Application for Appointment which could be used to screen potential applicants for various boards and commissions that are appointed by the Board of Supervisors.

The Board discussed the proposed application stating that said application could be put into a pool of names for consideration as vacancies become available.

A motion was made by Dana Kilgore, seconded by J. H. Rivers, to approve the Appointment Application which is not required prior to an appointment being made but is to be on file for consideration at the time of a vacancy on boards and commissions appointed by the Board of Supervisors.  The motion was unanimously approved.

IN RE:  BUDGET AMENDMENTS #63 THRU #66

A motion was made by Ronnie Shortt, seconded by Dana Kilgore, to approve the following budget amendments:

#63       Source of Revenue – Prior Year Fund Balance --- $4,025.00
            Expenditures:  (8104) Cumberlands Airport Commission (505804) Discretionary Fund – $4,025.00

#64       Source of Revenue-Virginia State DMV Mini Grant --- $4,928.00
            Expenditures:  (3102) Sheriff-Law Enforcement (505409) Police Supplies---$4,928.00

#65       Source of Revenue-Transfer from (9302) Capital Outlay (507010) Capital Outlay <$32,255.00>
            Expenditures: (4302) Courthouse (507010) Capital Outlay --- $32,255.00

#66       Source of Revenue- Prior Year Fund Balance--- $2,500.00
            Expenditures: (1213) Treasurer (505401) Office Supplies--- $2,500.00

The motion to approve the budget amendments was unanimously approved.

IN RE:  APPOINTMENT-LENOWISCO DISABILITY SERVICES BOARD

A motion was made by J. H. Rivers, seconded by Virginia Meador, to table this appointment until next month.  The motion was unanimously approved.

IN RE:  APPOINTMENT-PSA

A motion was made by Robby Robbins, seconded by J. H. Rivers, to appoint Dana Kilgore to the Public Service Authority for her term of office.  The motion was unanimously approved.

A motion was made by Robby Robbins, seconded by Dana Kilgore, to appoint Albert Elkins to the Public Service Authority for a term of four years.  The motion was unanimously approved.

IN RE:  APPOINTMENT-RADA

Ronnie Shortt nominated John Peace Sr. for reappointment to the RADA Board.

Fred Luntsford made a motion that nominations cease.

J. H. Rivers made a motion that this appointment be tabled until next month. Virginia Meador seconded the motion.  The motion was unanimously approved.

Aye-     J. H. Rivers               Nay – Fred Luntsford
            Dana Kilgore                      Ronnie Shortt
            Robby Robbins                  Steve Bates
            Bob Adkins
            Virginia Meador

IN RE:  APPOINTMENT-WISE COUNTY TOURISM AUTHORITY

A motion was made by Steve Bates, seconded by J. H. Rivers, to table this appointment until next month.  The motion was unanimously approved

IN RE:  APPOINTMENT-COMMUNITY POLICY & MANAGEMENT BOARD

A motion was made by Virginia Meador, seconded by Dana Kilgore, to appoint Delores Smith, Treasurer to the Community Policy & Management Board for her term of Office.  The motion was unanimously approved.

Supervisor Kilgore asked that the Board be given appointments two months prior to expiration.

IN RE:  LOWER EXTER SEWER PROJECT

Administrator Skinner brought to the attention of the Board the status of the Lower Exeter Sewer Project and that the acquisition of property from Penn Virginia Corp. would be necessary.
There was discussion among the Board members, Administrator Skinner and Attorney Mullins regarding the restrictive covenants that Penn Virginia many times includes in their deeds of property transfer.  Attorney Mullins and Administrator Skinner were to confirm these.

A motion was made by Fred Luntsford, seconded by Ronnie Shortt, to authorize the County Administrator to proceed with the acquisition of the property from Penn Virginia for the Exeter Sewer Project for a cost of $10,000.  The motion was unanimously approved.

COUNTY ATTORNEY’S REPORT

Attorney Mullins reviewed the order of the Board’s agenda noting that Presentations and Roads and Highways do not appear on the agenda in the Rules and Regulations adopted by the Board at its Organizational meeting in January.  She explained that these items have always been a part of the agenda and should be adopted accordingly.  A revised agenda will be provided for the Board at its next meeting for review and consideration for adoption.

IN RE:  BUDGET/AUDIT COMMITTEE

Chairman Adkins appointed Steve Bates and Dana Kilgore to assist in preparing the County budget for FY 2008-2009.

BOARD COMMENTS

There were brief comments from Board members.

J. H. Rivers spoke regarding the request from the DECA organization at Appalachia High School for financial support for their trip to Norfolk at which time they would have the opportunity to compete in the DECA State Leadership Conference.  This being a great opportunity for the DECA students, Mr. Rivers made a motion to approve $200.00 toward the cost of this trip, which has been the policy in the past for similar requests.  Fred Luntsford seconded the motion.  The motion was unanimously approved.

ADJOURN

There being no further business, a motion was made by Fred Luntsford, seconded by Steve Bates, to adjourn the meeting.  The motion was unanimously approved.

ATTEST:                                              WISE COUNTY BOARD OF SUPERVISORS

 

_______________________________            ___________________________________________
Glen A. Skinner, Clerk                                  Robert R. Adkins, Chairman

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