Board of Supervisors - September 29, 2011 Recessed Meeting

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The Wise County Board of Supervisors met in a Recessed meeting on Thursday, September 29, 2011 at 5:00 PM in the Board of Supervisors meeting room located in the Wise County Courthouse.  The following members were present:

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

IN RE:  RESOLUTION HONORING BUD PHILLIPS

A motion was made by Robby Robbins, seconded by Virginia Meador, to approve the resolution of appreciation honoring Bud Phillips for his 20-plus years of service to the citizens of Virginia’s Second District and the many contributions he has made to make the Second District of Virginia a better place to live.  The motion was unanimously approved.

RESOLUTION #    51       2011

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

Delegate Phillips voiced his appreciation to the Board for their past support in his endeavors to promote better health and education for our citizens.
 
IN RE:  RESOLUTION HONORING EDGAR MULLINS

A motion was made by Robby Robbins, seconded by Virginia Meador, to approve the resolution requesting the Virginia General Assembly to name the new bridge located on Route 666 on South Mountain Road near Pound in honor of Edgar Mullins and also to express their appreciation to Edgar Mullins for his contributions to the citizens of Wise County during his tenure on the Board.  The motion was unanimously approved.

RESOLUTION #  52       2011

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

Mr. Mullins expressed to the Board his appreciation for their words of kindness and for requesting the General Assembly to name the new bridge on Rt. 666 in his honor.

IN RE:  SCHOLARSHIP FUND – BUD PHILLIPS

A motion was made by Bob Adkins, seconded by Robby Robbins, to contribute $5,000 to the Clarence E. “Bud” Phillips Scholarship Fund.  The motion was unanimously approved.

IN RE:  PUBLIC HEARING - RESOLUTION ISSUANCE NOT TO EXCEED $31,000,000 OBLIGATION SCHOOL BONDS

A public hearing was duly advertised for this date to all interested persons of a public hearing concerning the intention of the Wise County Board of Supervisors to adopt a resolution authorizing the issuance of a not to exceed $31,000,000 principal amount of a general obligation school bond of the County of Wise.  The bond is to be issued for financing capital projects for public school purposes and to be sold to the Virginia Public School Authority.

Harold Greear, a resident of Pound, voiced his opposition to the issuance of the proposed obligation school bond.  He felt there is no savings with consolidation and the money is not spent wisely.

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

IN RE:  RESOLUTION – ISSUANCE OF $31,000,000 OBLIGATION SCHOOL BONDS

A motion was made by Bob Adkins, seconded by Steve Bates, to approve the resolution authorizing the issuance of not to exceed $31,000,000 Obligation School Bonds.

Robby Robbins made a substitute motion to table the resolution for more definite plans on the table. 

The motion failed due to lack of a second.

Ronnie Shortt entered the meeting at this time.

Supervisor Rivers said that he foresees problems with how this money is to be spent.  He said there was a discrepancy in the amount of bonds to be issued in the resolution in his August Board packet and the one in his September packet.  He also questioned the language of how the funds were to be spent and the sudden drop in the interest rate.  He questioned whether or not this money would be spent according to what the Board of Supervisors has set out for school projects and whether or not the public hearing was advertised for bonds in the amount of $15,000,000 or $31,000,000.

Finance Administrator Cox stated that he has a certification from the Coalfield Progress showing that the public hearing was advertised for $31,000,000.  Regarding the drop in the interest rate, he explained that the interest rate is set at the time the bonds are purchased, at the interest rate at that point in time, which will not exceed (7.50%) as stated in the resolution.

Supervisor Rivers pointed out to Attorney Mullins that this resolution does not specify that this money will be spent according to what the Board of Supervisors and the School Board has proposed for the high school projects.  He asked if he could be assured that this money would be spent according to the way the two boards had designated it to be spent.

Attorney Mullins explained that this resolution does not detail on how the money will be spent.  However, this Board will be addressing the Comprehensive Agreement that will spell out in detail the expenditure side of the money.

He asked when the additional $29,000,000 will be allocated for these projects.

Finance Administrator Cox explained that the Board has already approved the $15,000,000 in QSCB funds at 0% interest.  The IDA will be issuing a revenue bond for $14,000,000 and the $31,000,000 is before the Board for approval tonight for a total of $60,000,000.
  
Chairman Kilgore stated that she understood none of this money would be disbursed until the Board approves how it will be disbursed.

Attorney Mullins explained the process for disbursement of the money and the Comprehensive Agreement which will give a breakdown of how and where the money will be spent.  She noted that the Board has to give its approval of the Comprehensive Agreement.  The money must be available before the Comprehensive Agreement can be implemented.

Supervisor Luntsford voiced his concern that the resolution did not indicate how the money would be spent.  He asked for clarification.

Finance Administrator Cox stated that he understood that the wording in the resolution is per VPSA Bond Counsel.   He further explained the Comprehensive Agreement and its purpose in the school construction projects.

After further discussion, a substitute motion was made by J. H. Rivers, seconded by Virginia Meador,  to approve the resolution authorizing the issuance of not to exceed $31,000,000 Obligation School Bonds with the understanding that Finance Administrator Cox asks Mr.  Siegel and VPSA to define what those certain projects are.

There was a lengthy discussion on which projects this money would be spent on and whether or not each project would have sufficient funds for completion.

Attorney Mullins explained that the money cannot be used for any other purpose or projects.  The plans will be discussed when the Comprehensive Agreement is addressed at which time all questions of concern can be addressed.

The vote to approve the substitute motion made by Supervisor Rivers follows:

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

Motion Carried

Supervisor Robbins said he could not vote for this resolution since this is the first time he has seen it.   He went into more detail to explain why he felt this resolution should be tabled.

RESOLUTION #  53              2011

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

IN RE:  SUPPLEMENTAL RESOLUTION TO QSCB RESOLUTION ADOPTED 8-10-11

The Board adopted a resolution on August 10, 2011, giving approval for financing a portion of the cost of certain capital projects for school purposes, specifically, financing the design, acquisition, construction, renovation and equipping of public school facilities in the County, which included a new high school for Powell Valley and Appalachia students, a new school for Wise and Pound students, and a new instructional wing addition to East Side High School for Coeburn and St. Paul students.

The Supplemental Resolution before the Board confirms that the Bonds will be utilized to finance a portion of the School Projects and confirms that the final maturity of the Bond shall be no later than the earlier part of December 31, 2031.

Bob Adkins made a motion to approve the Supplemental Resolution to the QSCB resolution as adopted on August 10, 2011.  J. H. Rivers seconded the motion. 

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

Motion carried.

RESOLUTION #    54           2011

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

IN RE:  AGENDA ADDITIONS

A motion was made by J. H. Rivers, seconded by Ronnie Shortt, to amend the agenda to add the following items:

  • Letter of Support – Clinch River Grant Application – Ratification

  • Authorization to submit application to capture Methane from Landfill

The motion was unanimously approved.

IN RE:  CLINCH RIVER GRANT APPLICATION

A motion was made by Fred Luntsford, seconded by Ronnie Shortt, to ratify the letter supporting the submission of the Clinch River Grant Application.  The motion was unanimously approved.

IN RE:  BLACKWOOD LANDFILL – CAPTURE OF METHANE

A motion was made by Fred Luntsford, seconded by Bob Adkins, to authorize the submission of an application to capture Methane from the landfill.  The motion was unanimously approved.

RECESS

A recess was taken at 6:40 PM
The meeting reconvened at 6:45 PM

CLOSED SESSION

A motion was made by Robby Robbins, seconded by Fred Luntsford, to go into closed session to discuss the investing of public funds as permitted by Section 2.2-3711(A)(6) of the Code of Virginia.  The motion was unanimously approved.

After closed session, a motion was made by Bob Adkins, seconded by Virginia Meador, to reconvene the regular meeting.  The motion was unanimously approved.

IN RE:  RESOLUTION – CLOSED SESSION

Secretary Underwood read the certification for closed meeting.

A motion was made by Bob Adkins, seconded by Ronnie Shortt, to approve the resolution verify matters discussed while in closed session.  The motion was unanimously approved by roll call vote.

RESOLUTION #  55         2011

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

IN RE:  JUSTICE CENTER PAVING

A motion was made by Fred Luntsford, seconded by Ronnie Shortt, to approve payment for paving at the Wise County Justice Center.  The motion was unanimously approved.

ADJOURN

A motion was made by J. H. Rivers, seconded by Ronnie Shortt, to adjourn the meeting.  The motion was unanimously approved.

ATTEST:                                             WISE COUNTY BOARD OF SUPERVISORS

 

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

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