Board of Supervisors - August 10, 2011 Regular Meeting

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The Wise County Board of Supervisors met in a Regular meeting on Wednesday, August 10, 2011 @ 6:00 PM in the Board of Supervisors meeting room located in the Wise County Courthouse.  The following were present:

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

PRAYER

Chris Crabtree, Pastor, Mt. View Freewill Baptist Church led in prayer.

PLEDGE

All led in the pledge of allegiance to the flag.

MINUTES

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

AGENDA

Chairman Kilgore asked that the resolution honoring citizen be moved to the top of the agenda.

A motion was made by J. H. Rivers, seconded by Ronnie Shortt, to approve the agenda as presented to include the request from Chairman Kilgore.  The motion was unanimously approved.

IN RE:  RESOLUTION HONORING JODI DEAL

A motion was made by Ronnie Shortt, seconded by Bob Adkins, to approve the resolution honoring Jodi Deal.  The motion was unanimously approved.

RESOLUTION #            2011

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

ROADS AND HIGHWAYS

There were no requests for VDOT review.

IN RE:  LITTERING AND RECYCLING UPDATE

Litter Coordinator Greg Cross addressed the Board with a power point presentation on Wise County’s Recycling Program noting that in 2010 Wise County land filled and hauled a total of 42,463 tons of municipal solid waste.  He reviewed the special events that are done each year to assist citizens with household hazardous waste and the programs that are ongoing to educate the public on ways to recycle to save space in the landfill and to keep Wise County litter free.

Mr. Cross introduced Kirby the robot to the Board and explained his role in Keeping Wise County Beautiful.

PUBLIC EXPRESSION

Nancy Davis voiced her concerns regarding the proposed Solid Waste Recycling Ordinance.

There being no further comments, public expression was closed.

CONSENT AGENDA

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

IN RE:  PUBLIC HEARINGS

Approved setting the following public hearings:

  • Set public hearing (Sept. 1, 2011 @ 6:00 PM)  proposed Precious Metals Ordinance

  • Set public hearing (Sept. 1, 2011 @ 6:00 PM) proposed ordinance prohibiting shooting different type of Bows

  • Set public hearing (Sept. 1, 2011 @ 6:00 PM) proposed E-911 road name addition

IN RE:  RESOLUTION RECOGNIZING TIM TROUTMAN

Approved resolution recognizing and commending Tim Troutman for his dedicated public service as warning coordinator for the National Weather Service in Morristown, Tennessee

RESOLUTION #                    2011

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

IN RE:  RESOLUTION – RESIDENTIAL ANTI-DISPLACEMENT & RELOCATION ASSISTANCE PLAN

Adopted the resolution approving the Residential Anti-Displacement Relocation Assistance Plan

RESOLUTION #                2011

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

The motion to approve the consent agenda was unanimously approved.

IN RE:  ORDINANCE FOR SOLID WASTE AND RECYCLING

A public hearing was held on June 2, 2011 to receive citizens’ comments regarding a Solid Waste Recycling Ordinance for Wise County.

There were no public comments regarding the proposed ordinance.

Board members voiced concern for the burden this could place on businesses whether they be small or large.  There were also concerns regarding enforcement of the ordinance and the fine for not providing the required data.

Mr. Cross stated that DEQ requires the County to meet 25% of its municipal solid waste stream.  This is required of every municipality.  The total from businesses is combined with the County to meet the percentage that is mandated requirements of the State.  The County cannot meet this quota on its own.  If the County does not meet this mandate, there can be a fine up to $10,000 and the County’s Solid Waste Permit could be suspended.

Attorney Mullins explained the enforcement process, and noted that once taken to court the judge would set the fine.

After discussing possible options for getting the percentage needed for DEQ, it was suggested that the County finds means of doing more recycling.

Mr. Cross explained that the County could do more if there was a recycling center in place and equipped to do the necessary recycling.  He pointed out that a paper baler would make a huge impact on the percentage needed.

A motion was made by Ronnie Shortt, seconded by Bob Adkins, to approve the Solid Waste and Recycling Ordinance as presented.

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

Motion failed.

Chairman Kilgore asked Mr. Cross to provide the Board with a cost estimate for the paper baler.

IN RE:  E-911 ROAD NAME ADDITIONS

A public hearing was held on August 4, 2011 to receive citizens’ comments regarding the following E-911 road name additions:

  • Champions Ave – Located off Powell Valley Rd, BSG – Requested by School

  • Patriot Dr – Located off Coeburn Mountain Rd, Wise @ Justice Ctr – Submitted by Wise County

  • Zephyr Dr. – Located off Windswept Blvd in Wise – Submitted by Wise County

There were no public comments at the public hearing.

A motion was made by Fred Luntsford, seconded by Bob Adkins, to approve the E-911 road name additions as presented.  The motion was unanimously approved.

IN RE:  BUDGET AMENDMENT – SCHOOL FINANCING

A public hearing was held on August 4, 2011 to receive citizens’ comments on a change to the budget for Wise County for FY 2011-12 related to school financing.

One citizen voiced opposition on the amount of funding being approved for the school projects.

A motion was made by J. H. Rivers, seconded by Steve Bates, to approve the budget amendment for the school financing as presented.  The motion was unanimously approved.

IN RE:  ORDINANCE – NAME/ADDRESS CHANGE FOR CLINCH VALLEY VOTING PRECINCT

A public hearing was held on August 4, 2011 to receive citizens’ comments on the proposed ordinance regarding an address and name change for the Clinch Valley voting precinct in District 4.  The name change would be from Wise County Christian School to Wise County Justice Center.

There were no comments at the public hearing regarding the proposed ordinance.

A motion was made by Steve Bates, seconded by Bob Adkins, to approve the Ordinance regarding an address and name change for the Clinch Valley voting precinct in District four as presented.  The motion was unanimously approved.

ORDINANCE #                       2011

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

IN RE:  RESOLUTION AUTHORIZING ISSUANCE OF QSCB BONDS

A public hearing was held on August 4, 2011 to receive citizens’ comments regarding the intention of the Board of Supervisors to adopt a resolution authorizing the issuance of a not to exceed $15M principal amount of a general obligation school bond of Wise County Virginia for financing capital projects for public school purposes.

There were no public comments regarding the proposed resolution.

A motion was made by Ronnie Shortt, seconded by Steve Bates, to approve the resolution authorizing the issuance of QSCB Bonds as noted. 

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

Motion Carried.

Supervisor Robbins explained that he abstained from this vote because he had just arrived from being out of town and had no time to review his packet prior to the meeting and he was not familiar with the documents related to this resolution.

RESOLUTION #_______________2011

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

IN RE:  UPPER EXETER SEWER SYSTEM

Supervisor Luntsford stated that information on the upper Exeter Sewer System is being compiled to present to the PSA at its meeting next week for possible solutions to overcome the financial shortfall of this project.

IN RE:  POLICY ON DISPLAY OF NATIONAL, STATE AND COUNTY FLAGS

Administrator Scott addressed the Board for guidance in developing a policy regarding the display of our flags at half-mast at times other than as requested or prescribed by the State of Virginia.  He suggested that the Board consider authorizing the County Administrator to direct flags to be displayed at half-mast to recognize the death of a previous County office holder.  This display would be only during the day of internment, 2 hours prior and 1 hour following,

A motion was made by Robby Robbins, seconded by Steve Bates, to approve such a policy as stated by Administrator Scott.  The motion was unanimously approved.

IN RE:  POLICY ON PROVIDING DVD COPIES OF BOARD MEETINGS/EVENTS

Administrator Scott stated that the Administrator’s Office has had requests for multiple DVD copies of Board meetings.  He suggested the following language for such a policy regarding the Board meetings or other County events that may be available in the Administrator’s Office:

  • Meetings of the Board conducted in the Board meeting room shall be audio-and video-recorded.  From these audio and/or video recordings, typewritten minutes shall be prepared which shall be made available to the Board of Supervisors as a part of the Board of Supervisors packet for the following month.  Typewritten minutes shall be made available to the public via the County’s website for at least two years.  The Board may at its discretion direct the preservation of specific recordings, and the County Attorney may request preservation of specific recordings if such recordings are needed to support legal proceedings, pending or anticipated.  Meetings of the Board conducted in locations other than the Board meeting room may be audio- and video-recorded where technically feasible as determined by the County Administrator.  Where audio-only recordings of such meetings are made, such recordings shall be preserved for a period of sixty (60) days from the date of approval of the meeting minutes, after which audio recordings may be discarded.  Typewritten minutes of such Board meetings shall also be made available to the public on the County’s website as described earlier.  The Board may at its discretion direct the preservation of specific recordings if such recordings are needed to support legal proceedings, pending or anticipated.

Should the public desire a DVD copy of any Board of Supervisor’s meetings, a copy of these DVD’s will be made available at no cost if the requesting party provides to the County Administrator’s Office a blank DVD or jump drive.  In circumstances where requests become repetitive or require substantial time for the staff, the County Administrator’s Office would abide by existing FOIA laws for which we would charge reasonable cost pursuant to FOIA allowances.

Finance Administrator Cox noted that the School Board charges $5 per DVD.

A motion was made by J. H. Rivers, seconded by Bob Adkins, to approve the policy as recommended with the exception that the FOIA guidelines be followed in making charges to each requests.  The motion was unanimously approved.

IN RE:  BUDGET AMENDMENTS

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

#1        Revenue Southwest Virginia Community Corrections-Undesignated Funds    $12,000.00
#2        Revenue – Sheriffs Grants---   $2,967.00
#3        Revenue – Sheriffs Grants---   $3,316.00
#4        Revenue –HazMat Grants---    $5,581.00
#5        Revenue –Other Grants--         $4,640.00
#6        Revenue –Other Grants---        $4,908.00
#7        Undesignated Fund Bal.--Duffield Dev. Auth. Dissolution Funds FY 2011--$100,000
                                                  (IDA Investment)
#8        Revenue—DMV Stop Administrative Charges--                                  $    1,970.00
#9        Undesignated Fund Balance--                                                  $270,000.00
                        (Purchase of property for parking needs)
#10      Undesignated Fund Balance---                                                 $    7,500.00
                      (Prof. Serv-Civil War Markers/Commemoration Event)

IN RE:  BUDGET AMENDMENT FOR SCHOOL BOND FINANCING

Finance Administrator Cox explained that the proposed amendment will authorize the inclusion into the capital projects fund an amendment for the School Board that will be:

  • Revenue:       Financing Source – QSCB Bonds                    $15,000,000

  • Revenue:       Financing Source – Other Bonds                     $45,000,000

  • Expenditures: School Construction                                        $60,000,000

The exact structure of the bonds and financing is not set but this amendment is required for budgeting purposes to keep the County in compliance in regard to budgets.

The motion to approve the budget amendments was unanimously approved.

RECESS

A recess was taken at 8:00 PM
The meeting reconvened at 8:10 PM

IN RE:  APPOINTMENTS – DISTRICT FOUR

Supervisor Robbins stated that he would ask that the appointments in District Four be tabled until next month.

A motion was made by J. H. Rivers, seconded by Virginia Meador, to table the appointments in District Four until the September meeting.  The motion was unanimously approved.

IN RE:  APPOINTMENT-COMMUNITY CRIMINAL JUSTICE BOARD

A motion was made by Ronnie Shortt, seconded by J. H. Rivers, to re-appoint David L. Cox to the Community Criminal Justice Board for a term of two (2) years.  The motion was unanimously approved.

IN RE:  FUNDING FOR SCHOOL MASCOT FLAGS

A motion was made by J. H. Rivers, seconded by Fred Luntsford, to approve funding in the amount of $750.00 for each school for the purpose of purchasing mascot flags for the ball fields of the three schools.  The motion was unanimously approved.

IN RE:  EMERGENCY WATERSHED PROTECTION PROGRAM

Litter Coordinator Greg Cross informed the Board that he has been in contact with the NRCS concerning the possibility of the County receiving some emergency water protection funds which are similar to the funds received for stream cleaning of the trees after the snow storm of December 2009.  Those funds have been used extensively due to the flooding in the West and Mid-West this past year, and only projects that are under an absolute emergency need will be considered for funding.  Information regarding Wise County needs will be sent to Blaine Delaney who is over this program out of Richmond.  It will be decided on Monday whether or not a team will be sent here to evaluate the areas that have been sited with damage from the flash flood of July 25.

BOARD COMMENTS

There were brief comments from Board members regarding events that will be coming up in their districts.  Each one voiced their thanks and appreciation to Jodi Deal and her unbiased writings in the Coalfield regarding Board of Supervisors meetings as well as other issues ongoing in Wise County.

ADJOURN

There being no further business, a motion was made by Bob Adkins, seconded by Ronnie Shortt, to adjourn the meeting at 8:30 PM.  The motion was unanimously approved.

 

ATTEST:                                                         WISE COUNTY BOARD OF SUPERVISORS

 

 ____________________________________           _______________________________________
Shannon C. Scott, Clerk                                               Dana G. Kilgore, Chairman  

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