Board of Supervisors - July 10, 2008 Regular Meeting

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The Wise County Board of Supervisors met in a Regular meeting on Thursday, July 10, 2008 at 6:00 p.m. in the Board of Supervisors meeting room located in the Wise County courthouse.  The following were present:

Honorable Virginia Meador – Vice-Chair
Honorable Fred Luntsford
Honorable Ronald L. Shortt
Honorable Steve Bates
Honorable Robert E. Robbins
Honorable Dana Kilgore
Honorable H. H. Rivers – members of said Board and
Shannon C. Scott – Assistant County Administrator
Karen T. Mullins – County Attorney
Annette Underwood – Executive Secretary

ABSENT

Honorable Robert E. Adkins
Glen A. Skinner – County Administrator

PRAYER

Virginia Meador led in prayer.

PLEDGE

All led in the pledge of allegiance to the flag.

MINUTES

A motion was made by Dana Kilgore, seconded by Fred Luntsford, to approve the minutes as presented.  The motion was unanimously approved.

IN RE:  AGENDA

The following items were reviewed for addition to the agenda:

  • Add—resolutions authorizing the Acting County Administrator, the Treasurer Delores Smith, and Chairman Robert R. Adkins to execute banking transaction for the Powell Valley National Bank

  • Add—Authorize Loan Agreement with First Bank & Trust

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

IN RE:  PUBLIC EXPRESSION

Walter Crouse, resident of District four, asked the Board to enforce recycling to cut down on landfill garbage and to close the transfer station due to the increase in gasoline.  The cost to the County would be less if the landfill was expanded.  He asked that everyone do more recycling and less littering.

IN RE:  ROAD & HIGHWAYS

Jackie Christian representing VDOT in the absence of Residency Administrator T. G. Branson stated that highway crews are busy doing summer maintenance work throughout the County.

There were few comments from Board members.

IN RE:  CONSENT AGENDA

Supervisor Robbins asked that the appropriations be removed from the consent agenda for discussion.

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

IN RE:  PUBLIC HEARING- CONDITIONAL CHANGE OF ZONING

Set public hearing (August 7, 2008 @ 6:00 p.m.) on a proposed Conditional Change of Zoning as requested by Alpha Land & Reserves, LLC on property located at 11117 Old Norton Coeburn Road

IN RE:  PUBLIC HEARING – REZONING

Set public hearing (August 7, 2008 @ 6:00 p.m.) on a proposed rezoning request from Realty Income Corporation for property located at 502 Powell Valley Road in Big Stone Gap
 
 The motion to approve the consent agenda was unanimously approved.

IN RE:  APPROPRIATIONS

Assistant County Administrator Shannon Scott reviewed and explained the quarterly appropriations for FY 2008-2009.

A motion was made by Robby Robbins, seconded by Steve Bates, to approve the first quarter appropriations as presented.  The motion was unanimously approved.

IN RE:  RESOLUTION – UNIVERSAL DESIGN IN BUILDING CONSTRUCTION

A motion was made by Ronnie Shortt, seconded by J. H. Rivers, to adopt the resolution supporting the Universal Design in building construction.  The motion was unanimously approved.

RESOLUTION #                       2008

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

IN RE:  E-911 ROAD NAME ADDITIONS

A public hearing was held on July 1, 2008 to receive citizens’ comments regarding the addition of seven proposed E-911 road names.  There was no opposition to the proposed names.

A motion was made by Dana Kilgore, seconded by Robby Robbins, to approve the proposed E-911 road name additions as presented.  The motion was unanimously approved.

IN RE:  ORDINANCE-SERVICE AVAILABILITY ORDINANCE AMENDMENT

A public hearing was held on July 1, 2008 to receive citizens’ comments regarding a proposed amendment to the Service Availability Ordinance #2-2006.

There were several individuals at the public hearing speaking against the Availability Fee which is a part of this ordinance.  Eliminating straight pipes into the County streams and getting sewer to those with failing septic systems is the desire of all.  However, the concern was for the elderly and those on fixed income having to pay the yearly Availability Fee.

After discussion, it was noted that there needs to be a work session on County sewer to ascertain the needs within the County and to address the subject.

A motion was made by J. H. Rivers, seconded by Robby Robbins, to table any action on this ordinance until after such time as a day time work session of the full Board can be established to discuss this matter.  The motion was unanimously approved.

Mr. Scott recommended that the Board have a work session to include the PSA, town managers, and CNW to better inform the Board on the sewer needs of the towns as well as the County.

After discussing a time and date for the meeting, it was the consensus of the Board to hold a work session on Thursday, August 7 at 12:00 Noon in the Conference Room of the County Administrator’s Office to discuss the sewer needs of the County.

IN RE:  ORDINANCE – BUILDING CODE ORDINANCE #2-1975 AMENDMENT

A public hearing was held on July 1, 2008 to receive citizens’ comments regarding a proposed amendment to the Building Code Ordinance #2-1975.  There were no public comments regarding the proposed amendment.

A motion was made by Ronnie Shortt, seconded by Steve Bates, to approve the amendment to Building Code Ordinance #2-1975 implementing mandated updates to said ordinance.  The motion was unanimously approved.

ORDINANCE #2-1975 AMENDMENT

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

IN RE:  PUMP AND HAUL PERMIT – DOMINION RESOURCES

A motion was made by J. H. Rivers, seconded by Ronnie Shortt, to approve the addition of Dominion Resources and the Shaw Group to the County’s Pump and Haul Permit during the construction period 2008 - 2012 of the Virginia City Hybrid Energy Center.  The motion was unanimously approved.

IN RE:  ORDINANCE –TAX EXEMPT STATUS FOR HIS MINISTRIES

A motion was made by J. H. Rivers, seconded by Steve Bates, to set a public hearing on August 7, 2008 @ 6:00 p.m. on a proposed ordinance approving a tax exempt status for HIS Ministries located in Big Stone Gap.  The motion was unanimously approved.

IN RE:  COURTHOUSE CLOCK – ANNUAL MAINTENANCE CONTRACT

A motion was made by Robby Robbins, seconded by Dana Kilgore, to approve the annual maintenance contract  on the courthouse clock for a cost of $2,648.00.  The motion was unanimously approved.

IN RE:  TREASURER – DESTROY TAX TICKETS 2002

A motion was made by Dana Kilgore, seconded by Steve Bates, to approve the request for Treasurer Delores Smith to destroy paid tax tickets on personal property & real estate January 2002 thru December 2002.  The motion was unanimously approved.

IN RE:  NEEDS ASSESSMENT COMMITTEE

A motion was made by Dana Kilgore, seconded by Ronnie Shortt, to appoint the following individuals to serve on a committee to review the RFPs for the interior “Needs Assessment” for the courthouse:

            Shannon C. Scott – Assistant County Administrator
            Robert M. Mullins – Building Official
            Arthur Sturgill – Maintenance Superintendent
            Carl R. Snodgrass – Experienced with buildings
            Karen Mullins – County Attorney
            Robby Robbins – Board member
         
The motion was unanimously approved.

IN RE:  NEEDS ASSESSMENT ARCHITECTURAL CONTRACT

A motion was made by Ronnie Shortt, seconded by Dana Kilgore, to authorize the Needs Assessment Committee to rank and negotiate a contract for the interior needs of the courthouse and bring a recommendation back to the Board for consideration.  The motion was unanimously approved.

IN RE:  COURTHOUSE EXTERIOR – COMMITTEE

A motion was made by J. H. Rivers, seconded by Steve Bates, to appoint the following individuals to serve on a committee to review the RFP s for a contractor  to perform work on the exterior of courthouse:

            Shannon C. Scott – Assistant County Administrator
            Robert M. Mullins – Building Official
            Tony Honeycutt – Assistant Maintenance Superintendent
            Carl R. Snodgrass – Experienced with buildings
            Karen T. Mullins – County Attorney
            Representative from Thompson & Litton, Inc. - Architectural
            Fred Luntsford – Board member
  
The motion was unanimously approved.

IN RE:  COURTHOUSE EXTERIOR – CONTRACTOR NEGOTIATIONS

A motion was made by Ronnie Shortt, seconded by Robby Robbins, to authorize the Committee to rank and negotiate a price with the chosen contractor to do the exterior work on the courthouse with a recommendation being brought back to the Board for consideration.  The motion was unanimously approved.

IN RE:  CIVIL WAR ITEMS FOR DONATION

A motion was made by Robby Robbins, seconded by J. H. Rivers, to authorize the receipt of the Civil War gun and items that are being donated for placement in the Wise County courthouse.  The motion was unanimously approved.

IN RE:  BUDGET AMENDMENTS #88 THRU #90

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

#88-     Source of Revenue-Virginia Dept of Mental Health:  $674,504.67
            Expenditures:  (5201) Mental Health (505608) PD1 Mental Health: $674,504.67
#89       Source of Revenue – Virginia Dept. of Social Services: $425,000.00
            Expenditures: (5301) Welfare Admin. (505611) Comp. Serv. Act: $425,000.00
#90       Source of Revenue – Transfer from W. C. Gen. Fund Prior Year Fund Bal: $1,300.00
            Expenditures: Fund (27) Dog & Cat Sterilization Fund (9999) Non-Departmental
                                    (503002) Professional Services, Other:  $1,300.00

The motion to approve the budget amendments was unanimously approved.

IN RE:  APPOINTMENT – HIGHWAY SAFETY COMMISSION

A motion was made by Fred Luntsford, seconded by Ronnie Shortt, to table this appointment until the next Board meeting.   The motion was unanimously approved.

IN RE:  APPOINTMENT- LENOWISCO BOARD OF DIRECTORS

A motion was made by Fred Luntsford, seconded by Ronnie Shortt, to reappoint Bob Dorton to the LENOWISCO Board of Directors.  The motion was unanimously approved.

A motion was made by Robby Robbins, seconded by Dana Kilgore, to appoint Kyle Fletcher to the LENOWISCO Board of Directors. 

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

IN RE:  APPOINTMENT- MOUNTAIN EMPIRE COMMUNITY COLLEGE BOARD

A motion was made by Ronnie Shortt, seconded by Fred Luntsford, to appoint Preston Mitchell, to the Mountain Empire Community College Board.  The motion was  unanimously approved.

IN RE: APPOINTMENT -  PLANNING COMMISSION

A motion was made by J. H. Rivers, seconded by Virginia Meador, to re-appoint Edwin Roop to the Planning Commission.  The motion was unanimously approved.

IN RE: APPOINTMENT- PSA BOARD

A motion was made by Ronnie Shortt, seconded by Steve Bates, to appoint Fred Luntsford to the PSA Board.  The motion was unanimously approved.

IN RE:  APPOINTMENT – RECREATIONAL AUTHORITY

A motion was made by J. H. Rivers, seconded by Dana Kilgore, to re-appoint Ken Spurlock to the Recreation Authority.  The motion was unanimously approved.

IN RE:  APPOINTMENT – REDEVELOPMENT & HOUSING AUTHORITY

A motion was made by Fred Luntsford, seconded by Ronnie Shortt, to re-appoint Jim Flanary to the Redevelopment & Housing Authority.  The motion was unanimously approved.

A motion was made by Dana Kilgore, seconded by J. H. Rivers, to appoint Robert Harrison to the Redevelopment and Housing Authority.  The motion was unanimously approved.

IN RE:  APPOINTMENT-VIRGINIA COALFIELD ECONOMIC DEVELOPMENT AUTHORITY

Robby Robbins nominated Dana Kilgore for re-appointment to the Virginia Coalfield Economic Development Authority for a term of four (4) years.

J. H. Rivers made a motion that nominations cease.  Ronnie Shortt seconded the motion.  The motion was unanimously approved.

Dana Kilgore was re-appointed to VCEDA for a term of four (4) years by acclamation.
 
IN RE:  APPOINTMENT-SOUTHWEST REGIONAL RECREATIONAL AUTHORITY

J. H. Rivers nominated Jack McClanahan to the Southwest Regional Recreational Authority.

Ronnie Shortt made a motion that nominations cease.  Dana Kilgore seconded the motion.  The motion was unanimously approved.

Jack McClanahan was appointed to the Southwest Regional Recreational Authority by acclamation.

IN RE:  CLOSED SESSION

A motion was made by J. H. Rivers, seconded by Ronnie Shortt, to go into closed session to discuss personnel as permitted by section 2.2-3711(A)(1) of the Code of Virginia.  The motion was unanimously approved.

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

IN RE:  RESOLUTION -  CERTIFICATION FOR CLOSED MEETING

Assistant County Scott read the certification for closed meeting.

A motion was made by Ronnie Shortt, seconded by Steve Bates, to adopt the resolution certifying matters as discussed while in closed session.  The motion was unanimously approved by roll call vote.

RESOLUTION #                       2008

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

IN RE:  CHIEF FINANCIAL OFFICER

A motion was made by J. H. Rivers, seconded by Steve Bates, to authorize the advertisement for a Chief Financial Officer for the County Administrator’s Office to include governmental accounting experience, and CPA preference but not required, with applications being accepted until August 31.  The motion was unanimously approved.

IN RE:  ACTING COUNTY ADMINISTRATOR

A motion was made by Robby Robbins, seconded by J. H. Rivers, to appoint Shannon C. Scott as Interim County Administrator and to increase his salary to the existing point to which the former County Administrator was making as long as he is Acting County Administrator for the extra duties he is performing.   The motion was unanimously approved.

IN RE:  RESOLUTIONS – AUTHORIZING CHECK SIGNING

A motion was made by Dana Kilgore, seconded by Steve Bates, to approve the resolutions authorizing the Interim County Administrator, the Treasurer Delores Smith, and Chairman Robert R. Adkins to execute banking transactions for the bank accounts at Powell Valley National Bank.  The motion was unanimously approved.

RESOLUTION #                      2008                 RESOLUTION # _________________2008

(Said resolutions are on file in the County Administrator’s Office)

RESOLUTION #                     2008                 RESOLUTION #                                  2008

(Said resolutions are on file in the County Administrator’s Office)

RESOLUTION # ________________2008            RESOLUTION #                                 2008

(Said resolutions are on file in the County Administrator’s Office)

RESOLUTION #____________________2008                      RESOLUTION #                        2008

(Said resolutions are on file in the County Administrator’s Office)

RESOLUTION #                2008                                         RESOLUTION # ____________ 2008

(Said resolutions are on file in the County Administrator’s Office)

RESOLUTION # __________2008

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

IN RE:  LOAN AGREEMENT – FIRST BANK & TRUST

Mr. Scott stated that the Board earlier authorized the County to secure bids for financing County capital items to secure the lowest financing rates.  Bids were received from both local and regional banks.  The low bidder (First Bank & Trust Company) has requested a copy of the minutes reflecting the Board’s approval for the County to enter into a financial contract with them.  The amount to be financed is $1,473,500.00.

Supervisor Rivers was concerned that even though approval was given for these items, it was with the understanding that the funds be used during the same fiscal year.  However, he would accept Mr. Scott’s response.

Supervisor Kilgore stated that appropriations expired and purchases made after 7-1-08 would require a re-appropriation for item not procured as of July 1, 2008.  She asked that the auditor be contacted for advice regarding this transaction.

A motion was made by Robby Robbins, seconded by Ronnie Shortt, to authorize the Loan Agreement with the First Bank & Trust for $1,473,500.00.  The motion was unanimously approved.

BOARD COMMENTS
 
Supervisor Luntsford reported on the landfill meeting and the need to move forward.  He made a motion to pursue permitting of phase IV of the landfill which includes 14 acres and to proceed with the procurement of professional services.  Robby Robbins seconded the motion.

Supervisor Rivers asked how much of the fourteen (14) acres the County would be developing before 2010 and the location of those acres.  He also asked it this motion give the flexibility to discuss these items at a later date.

Mr. Luntsford noted that this would give the County the flexibility to further discuss the acreage.

The motion was unanimously approved.

Supervisor Robbins commented on the landfill meeting and explained the language in the Mandatory Sewer Hookup Ordinance and the Available Fee that is being misunderstood by most citizens.

Supervisor Kilgore commented on the landfill meeting and the need for infrastructure within the County for economic growth.

Supervisor Rivers thought the landfill meeting was very productive.  Regarding sewer, he said he would like to see the whole county under one umbrella.  He asked Attorney Mullins to provide a progress report as to where the County is at this point in time in getting the sewer services implemented and any recommendations she may have to expedite this service.

Supervisor Meador expressed her appreciation to all Board members for working together to provide better services for our citizens.

ADJOURN

There being no further business, a motion was made by Ronnie Shortt, seconded by J. H. Rivers, 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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