Board of Supervisors - April 8, 2010 Regular Meeting

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The Wise County Board of Supervisors met in a Regular meeting on Thursday, April 8, 2010 at 6:00 p.m. in the Board of Supervisors meeting room located in the Wise County courthouse.  The following were present:

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

PRAYER

T. G. Branson led in prayer.

PLEDGE

All led in the pledge of allegiance to the flag.

MINUTES

Supervisor Meador asked that clarification be made to Supervisor Kilgore’s statement on page 4 of the minutes.

A motion was made by Virginia Meador, seconded by Bob Adkins, to approve the minutes as corrected.  The motion was unanimously approved.

AGENDA

Chairman Rivers reviewed the following items to be added to the agenda:

  • Resolution Authorizing Execution of Support Agreement Providing for Wise County’s Moral Obligation/Water & Sewer Bond for PSA/Guest River Sewer Project

  • Fiscal Agent for Market Grant for Agricultural Center

  • Authorize signature for Letter of Support/Network Farmer’s Market

  • Resolution of Support for Large Animal Veterinarian

  • Resolution Cap-and-Trade

  • Resolution Honoring T. G. Branson

  • Resolution Providing for the Issuance, sale and Award of solid Waste Revenue Bond

A motion was made by Ronnie Shortt, seconded by Virginia Meador, to approve the agenda as presented to include the additions as noted.  The motion was unanimously approved.

IN RE:  ROADS & HIGHWAYS

Jack Christian, representing VDOT, reviewed the resolution on Rt. 655 and the Six Year Plan.  Mr. Christian gave an update on the removal of the debris from the December snow storm.  He noted that this is a slow process because of the extent of the damage and it being so wide spread.

Board members provided needs in their districts for VDOT review.

IN RE:  RESOLUTION – RT. 655 – RUSSELL CREEK

A motion was made by Robby Robbins, seconded by Ronnie Shortt, to approve the resolution depicting the additions and abandonments required in the secondary system of state highways as a result of relocated Russell Creek Road on Rt. 655.  The motion was unanimously approved.

RESOLUTION #                 2010

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

IN RE:  RESOLUTION – SIX YEAR PLAN

A motion was made by Bob Adkins, seconded by Robby Robbins, to adopt the resolution approving the Six Year Plan for secondary Roads (2010/11 through 2015/16) and Construction Priority List (2010/11).  The motion was unanimously approved.

RESOLUTION #               2010

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

IN RE:  RESOLUTION HONORING T. G. BRANSON

Board members voiced their appreciation to Mr. Branson for his dedication and commitment to Wise County and its citizens and wished him many enjoyable years of retirement.

A motion was made by Virginia Meador, seconded by Bob Adkins, to approve the resolution honoring T. G. Branson for his service to Wise County as Residency Administrator for VDOT.
The motion was unanimously approved.

RESOLUTION #                    2010

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

IN RE:  PUBLIC HEARING – ISSUANCE OF SOLID WASTE REVENUE BOND

A public hearing was duly advertised for this date to receive citizens’ comments on a proposed resolution authorizing the issuance and sale of a not to exceed $3,400,000 Solid Waste Revenue Bond.  The purpose of the solid waste revenue bond is to finance renovations and improvements to the County’s solid waste system and related legal, consulting and administrative fees.

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

IN RE:  RESOLUTION - ISSUANCE OF SOLID WASTE REVENUE BOND

A motion was made by Dana Kilgore, seconded by Bob Adkins, to approve the resolution providing for the issuance, sale, and award of a solid waste revenue bond, series 2010, of Wise County, Virginia in a principal amount not to exceed $3,400,000 and provide for the form, details and payment thereof.  The motion was unanimously approved

RESOLUTION #                   2010

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

IN RE:  PUBLIC HEARING – ORDINANCE OFF-DUTY EMPLOYMENT-DEPUTIES

A public hearing was duly advertised for this date to receive citizens’ comments input on a proposed ordinance authorizing the off-duty employment of the Wise County Sheriff’s Deputies.

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

IN RE:  ORDINANCE  OFF DUTY EMPLOYMENT OF SHERIFF DEPUTIES

A motion was made by Ronnie Shortt, seconded by Virginia Meador, to approve the ordinance authorizing the off-duty employment of the Wise County Sheriff’s Deputies.  The motion was unanimously approved.

ORDINANCE #                  2010

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

IN RE:  PUBLIC HEARING – ORDINANCE CONVICTION FOR CERTAIN MOTOR VEHICLE OFFENSES

A public hearing was duly advertised for this date to receive citizens’ comments on a proposed ordinance imposing financial liability for persons convicted of certain motor vehicle offenses.

Walter Crouse voiced his support of the proposed ordinance.

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

IN RE:  ORDINANCE IMPOSING FINES FOR CERTAIN MOTOR VEHICLE OFFENSES

A motion was made by Ronnie Shortt, seconded by J. H. Rivers, to approve the ordinance imposing financial liability for persons convicted of certain motor vehicle offenses.  The motion was unanimously approved.

ORDINANCE #                 2010

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

PUBLIC EXPRESSION

Walter Crouse, a resident of Hurricane, spoke on litter, recycling, and empty school buildings.

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

IN RE:  COUNTY BUDGET FY 2010/11  PRESENTATION

Financial Administrator, David L. Cox, provided the Board with a power point presentation on the proposed $52.8M County Budget for FY 2010/11.  He reviewed the Revenue and the Expenditures.

Budget Highlights – Revenues

  • $1.6M - Public Service (Increase)

  • $430,000 – Adjustment for Merchants Capital & PP (Increase)

  • $700,000 – Coal Severance (Decrease)

  • $300,000 – Sales Tax  (Increase)

  • $400,000 – Use Revenue (Decrease)

  • $3M – Loan Proceeds (Decrease)

  • $450,000 –State Compensation Board (Decrease)

  • $2M – Categorical Funding (Mental Health, Welfare)(Increase)

  • $530,000 – Net of other increases

  • Net increase in Revenues - $300,000

Budget Highlights – Major Changes – Expenditures

  • $1.2M – Solid Waste (Decrease)

  • $1.2M – Sewer (Decrease)

  • $800,000 – Regional Jail (Increase)

  • $900,000 – Mental Health (Increase)

  • $260,000 – Welfare Administration (Increase)

  • $200,000 – Economic Development (Grant Funds)(Increase)

  • $280,000 – IDA – Lease Payments Justice Center (Increase)

  • $500,000 – Health Department Capital Outlay (Decrease)

  • $820,000 – IDA Refund (Power Plant) (Per Agreement)(Increase)

  • $530,000 -  Net of other changes

  • Net Increase in Expenditures - $300,000

Regarding the Solid Waste decrease, Mr. Cox is proposing that the County use its landfill for six (6) month rather than shipping the garbage out in order to balance the budget. 

Out of the $52.8M proposed budget is the following:

  • Public Schools – 29%

  • Health & Welfare – 26%

  • Public Safety –14%

  • Solid Waste – 8%

  • General – 6%

  • Judicial – 6%

  • Comm. Development – 6%

  • Sewer – 1%

  • Public Works – 1%

  • Parks, Recreation – 2%

  • Other – 1%

  • Total revenues in the proposed budget

Proposed Revenue – Local Sources (Taxation) -  $35.5M

  • General Property Taxes - $22.4M

  • Other Local - $10.2M

  • Permits & Lic - $82,000

  • Loan Proceeds - $1,798

  • Services/Recovered Costs - $615,000

  • Use Revenue - $457

Proposed Expenditures – Local - $35.5M

  • K-12 Education - $15,558

  • General Administration - $2,868

  • Judicial Administration - $1,716

  • Public Safety - $5.6M

  • Solid Waste (Landfill) - $4.5M

  • Health & Welfare - $2.2M

  • Comm. Development - $2M

  • All Other - $184,000

  • Library - $826

Chairman Rivers asked what the County is required by the State to give to the schools in this proposed budget.

Mr. Cox stated that the County is currently funding approximately double of what the state SOQ funding is.  This is level funding which is approximately $9.5M. 

Chairman Rivers asked how this compared to what the County takes in on real estate and personal property taxes.

Mr. Cox pointed out that the $15.6M is slightly more than the real estate taxation and the personal property taxes that are received.
 
Constitutional Officers State Budget Cuts

  • Total State Revenue Cuts to Constitutional Officers - $450K

  • Offset by Budgeted State Grants & Other Adjustments

  • Net State & Grant Cuts to Constitutional Officers - $355K

  • Net increase to Constitutional Officers Operating Budgets from FY 10 is $7K (Original FY 10 vs. Proposed FY 11)

  • Current Budget reflects an increase of $362K from Wise County General Fund in order to make up the state cuts

Mr. Cox reviewed a Budget Comparison on the Operating Budgets for Constitutional Officers.   He noted that the Treasurer was able to cut $18,908 to decrease debt service and some other costs.  The Commissioner of Revenue cut his budget by $11,068 because of debt service.  The total increase for Constitutional Officers is $7,023.

Supervisor Kilgore stated that the budget is basically level, but the County had to put in $362,000 for lack of state funds.  This amount was found by cutting other items.

IN RE:  CONSENT AGENDA

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

IN RE:  RESOLUTION – RECOGNITION OF E-911 DISPATCH TELECOMMUNICATORS

Approved the resolution recognizing the E-911 Dispatch Telecommunicators for their hard work, dedication, and expertise in serving the Wise County community

RESOLUTION #                     2010

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

IN RE:  RESOLUTION SUPPORTING “THE BIG READ”

Approved the resolution supporting the “Big Read” in Wise County March 25, 2010–May 15, 2010

RESOLUTION #                      2010

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

IN RE:  RESOLUTION – H.R. 4753

Approved the resolution supporting H.R. 4753, the Stationary Source Regulations Delay Act, to delay any action by the EPA to regulate greenhouse gas emissions from stationary sources

RESOLUTION #               2010

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

IN RE:  REFUND REQUEST

Approved the refund to George W. Hall (an heir to Sarah Lay etal s) in the amount of $4,325.18 for erroneous assessment of property 1993-2007 as requested by the Commissioner of Revenue

IN RE:  APPROPRIATIONS

Approved the 4th quarter appropriations

IN RE:  AUDIT – 2009

Approved the County Audit ending June 30, 2009

The Consent agenda was unanimously approved.

IN RE:  CIP (5 YEAR) PLAN

A motion was made by Bob Adkins, seconded by Virginia Meador, to approve the Five (5) Year CIP Plan as presented.  The motion was unanimously approved.

IN RE:  CHRISTIAN SCHOOL LEASE AGREEMENT

Attorney Mullins explained that this is a 20 year Facilities and Premises Lease/Purchase Agreement and the final payment amount will not be determined until the build-out, which includes build-out costs for 911, is complete.  She asked for clarification on the motion made earlier regarding the RFP for the 911 build-out.  In her understanding of the 911 build-out, the Magistrate’s Office and Processing was included since they function together.  However, she was not clear as to whether or not the Board included the Magistrate and Processing in the motion that was made to proceed with the build-out of the 911 Center.    

Robby Robbins made a motion to approve the Facilities and Premises Lease/Purchase Agreement between the Board of Supervisors and the Wise County IDA regarding the Wise County Christian School as presented.  Dana Kilgore seconded the motion.

Supervisor Kilgore stated that she was not comfortable in signing an agreement with no cost figures in place.

Attorney Mullins explained that those figures would be available once the build-out is complete.  The cost to purchase the property is $2,390,000 but until the build-out is completed the actual rental payment cannot be calculated.  She stated that without the approval of the lease agreement, the IDA cannot go out for RFP’s.  One option would be to purchase the property, and then come back to vote on the build-out portion after the bids have been received and the cost figures can be in place.

Supervisor Luntsford asked that it be put on record that he is against the purchase of the Christian School because he thinks the $42M that has been committed for the high school consolidation project will grow and with the purchase of the Christian School there will be a heavy indebtedness placed on the tax payers.

Supervisor Kilgore noted that this move must be done for the safety and security of the citizens.  There must be a place to install the new 911 equipment that is on order and will be arriving soon.

After further discussion, Supervisor Robbins withdrew his motion.  Supervisor Kilgore withdrew her second.

A motion was made by Robby Robbins, seconded by Dana Kilgore, to approve the lease to purchase the Christian School property for $2,390,000.

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

Motion carried.

There was more discussion on the build-out of the 911 Center and the offices that were to be included in this phase of the construction.

Administrator Scott explained that the reason for putting the RFP on the street and authorizing the IDA to do all three at once, the E-911 Dispatch, Magistrate and Processing, is because it takes 90 days for VITA to do the necessary wiring for the Magistrate’s Office.  It is very important that the build-out be finished by October 1.

After further discussion, a motion was made by Dana Kilgore, seconded by Robby Robbins, to request the IDA to proceed with the RFP for the build-out of E-911, Magistrate, Processing and the roof repair of the Christian School while coordinating the design for GIS and EOC.

Attorney Mullins explained the financing process for the build-out.  She stated that the Review Committee will review the RFP’s for compatibility with the design and the financing allotted for the project.
 
Aye-    Dana Kilgore               Abstain -          Ronnie Shortt
            J. H. Rivers                                          Virginia Meador
            Steve Bates                                          Fred Luntsford
            Bob Adkins
            Robby Robbins

Motion carried.

IN RE:  CHRISTIAN SCHOOL LEASE (Reconsider previous motion)

Supervisor Shortt asked that the previous vote on the Christian School Lease be reconsidered.  He wanted it on record that he was against purchasing the Christian School for the 911 Center.  He was in favor of a place for the 911 Center but not at this location.

Attorney Mullins noted that since he voted in the affirmative on the original vote, he could make a motion to reconsider the previous vote.

A motion was made by Ronnie Shortt to reconsider the vote taken earlier in the meeting to approve the Christian School Lease.  Virginia Meador seconded the motion.  The motion was unanimously approved.

A motion was made by Robby Robbins, seconded by Dana Kilgore, to purchase the Christian School facility and property for a cost of $2,390,000.

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

Motion carried.

Supervisor Luntsford stated that he abstained because of the indebtedness being placed upon the County.  He felt the money could have been spent more responsibility on another location.

Supervisor Shortt stated that he abstained because he felt that this purchase was not in the best interest of the County and the large sum of indebtedness being placed on the County.

Supervisor Meador stated that she abstained because she has not had an opportunity to read the lease and she does not vote on any item that she has not read.

IN RE:  BUDGET AMENDMENT # 21

Supervisor Shortt made a motion to approve Budget amendment #21 –-- the request from the Clerk of the Court for $17,500 to fund the position of a deputy clerk as the law library designee to expand the public access availability of the law library to be paid from the County General Fund.  Dana Kilgore seconded the motion.  The motion was unanimously approved.

IN RE:  BUDGET AMENDMENTS #22 & #23

A motion was made by Dana Kilgore, seconded by Ronnie Shortt, to approve budget amendment # 22 & #23 as presented.  The motion was unanimously approved.

IN RE:  RESOLUTION –WATER & SEWER BOND FOR PSA- GUEST RIVER SEWER PROJECT

A motion was made by Dana Kilgore, seconded by Fred Luntsford, to approve the resolution authorizing execution of a Support Agreement providing for Wise County’s Moral Obligation/Water & Sewer Bond for PSA/ Guest River Sewer Project.

Aye-    Dana Kilgore               Abstain - Virginia Meador (Had not read the resolution)
            J. H. Rivers
            Bob Adkins
            Steve Bates
            Fred Luntsford
            Ronnie Shortt
            Robby Robbins

Motion Carried.

RESOLUTION #                        2010

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

IN RE:  FISCAL AGENT - AGRICULTURAL CENTER

A motion was made by Robby Robbins, seconded by Dana Kilgore, to approve the request from Wise County Extension Agent Amy Fannon for Wise County to be Fiscal Agent for a Market Grant for the Agricultural Center.  The motion was unanimously approved.

IN RE:  FARMERS’ MARKET LETTER OF SUPPORT

A motion was made by Robby Robbins, seconded by Virginia Meador, to authorize the Chairman to execute the Letter of Support for the grant proposal of “Networking & Unifying Wise County Farmers’ Markets” as requested by VPI Extension Agent Amy Fannon. The motion was unanimously approved.

IN RE:  RESOLUTION OF SUPPORT – LARGE ANIMAL VETERINARIAN

A motion was made by Ronnie Shortt, seconded by Robby Robbins, to approve the resolution of support for a large animal veterinarian.  The motion was unanimously approved.

RESOLUTION #                       2010

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

IN RE:  RESOLUTION – CAP-AND-TRADE

The Cap-and-Trade is a regulatory program under which the Federal government would 1) set a limit (cap) on the volume of emissions (such as carbon dioxide, mercury, nitrous oxide and sulphur) that would be permitted, and 2) distribute the rights to allowed emissions so that firms would be free to buy and sell those allotments after the initial distribution.

A motion was made by Virginia Meador, seconded by Bob Adkins, to approve the resolution urging our Virginia Congressmen to vote “no” on the Cap-and-Trade program.  The motion was unanimously approved.

RESOLUTION #                  2010

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

IN RE:  APPALACHIA CULTURAL ARTS COUNCIL – TAX EXEMPT STATUS

A motion was made by Fred Luntsford, seconded by Bob Adkins, to set a public hearing for May 6, 2010 at 6:00 p.m. on a proposed ordinance regarding a tax exempt status for the Appalachia Cultural arts Council.  The motion was unanimously approved.

IN RE:  SOUTHWEST REGIONAL RECREATION AUTHORITY

As noted at the last meeting, Wise County is being asked to approve the use of a portion of the fairground property to facilitate the periodic operation of an ATV training site.  Chris Sturgill an ATV Safety Instructor, gave the Board a brief overview on ATV training, requirements for instructors, and safety issues.

A motion was made by Fred Luntsford, seconded by Virginia Meador, to authorize the use of a portion of the fairground property to facilitate the periodic operation of an ATV training site as requested by ATV Safety Institute.

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

IN RE:  APPOINTMENT – LENOWISCO DISABILITY SERVICES BOARD

A motion was made by Bob Adkins, seconded by Steve Bates, to re-appoint Matt Hurt to the LENOWISCO Disability Services Board for a term of three (3) years.  The motion was unanimously approved.

IN RE:  APPOINTMENT – WISE COUNTY TOURISM COMMITTEE

A motion was made by Fred Luntsford, seconded by Bob Adkins, to appoint Roddy Addington to fill the unexpired term of Loretta Mays on the Wise County Tourism Board.  The motion was unanimously approved.

A motion was made by Bob Adkins, seconded by Steve Bates, to table the appointment on the unexpired term of Wayne Mefford on the Wise County Tourism Board.  The motion was unanimously approved.

RECESS

The Board took a brief recess at 7:50 p.m.
The meeting reconvened at 8:00 p.m.

Chairman Rivers announced that the Board would not be going into closed session.

BOARD COMMENTS

There were brief comments from Board members.

Chairman Rivers asked Financal Administrator Cox to get a written statement on the composite index whether it is for five (5) years or fifteen (15) years.

Chairman Rivers further noted that Superintendent Perry has stated that this year’s budget appropriation had some language that would allow him to continue submitting at the same level of funding for five (5) years.  He could continue to submit for six (6) principals, six (6) assistant principals and not make a change until the sixth year.  Chairman Rivers asked for a copy of that Appropriation Act. 

RECESS

A motion was made by Ronnie Shortt, seconded by Virginia Meador, to recess the meeting until Wednesday, April 21, 2010 at 5:00 p.m. in the Board of Supervisors meeting room.  The motion was unanimously approved.

ATTEST:                                                         WISE COUNTY BOARD OF SUPERVISORS

 

_____________________________________     ______________________________________
Shannon C. Scott, Clerk                                                 J. H. Rivers, Chairman

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