Board of Supervisors - October 13, 2011 Regular Meeting

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The Wise County Board of Supervisors met in a Regular meeting on Thursday, October 13, 2011 @ 6:00 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 J. H. Rivers
Honorable Robert E. Robbins, Jr.
Honorable Steve Bates
Honorable Ronald L. Short
Honorable Fred Luntsford – 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

Phillip Bates, Pastor Appalachian Prayer Fellowship, 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.

IN RE:  AGENDA ADDITIONS

A motion was made by Ronnie Shortt, seconded by Bob Adkins, to approve the agenda as presented.

Supervisor Rivers asked for a friendly amendment to the motion to move the quarterly appropriations from the consent agenda to New Business for discussion.

Mr. Shortt & Mr. Adkins accepted the friendly amendment as noted.  The motion was unanimously approved.

IN RE:  ROADS AND HIGHWAYS

Supervisor Robbins stated that the old road into St. Paul needs a 25 MPH speed sign.  Coal trucks are using this road as a short cut.

PUBLIC EXPRESSION

Chairman Kilgore read the Rules of Conduct for Board meetings.

Ted Tate, a resident of Big Stone Gap, spoke on the $60M for school construction projects and how that money is being utilized.  He urged the School Board to build the gym with ample seating for the sports events.

Harold Greear, a resident of Pound, criticized the financial management of the School System.  He suggested using the college sports facilities and not go through the expense of building a ball field for Central.  He spoke briefly on the use of coal severance tax money.

Walter Crouse, a resident of Hurricane, asked that the Tech School facilities not be torn down and used as a building site for Central High School.  He also spoke on recycling and economic development.
 
David Gent, a resident of Pound, voiced his opposition to tearing down the Alternative Ed and other buildings at the Tech School to be used as a building site for Central High School.  He felt this was a waste of money.

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

CONSENT AGENDA

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

IN RE:  PROCLAMATION – NAPOLEON HILL DAY

Approved the Proclamation recognizing October 26, 2011 as Napoleon Hill Day in Wise County.

IN RE:  PUBLIC HEARINGS SET FOR NOVEMBER

Approved setting the following public hearings for November:

  • Set public hearing (November 3, 2011 @ 6:00 PM) Special Use Permit for Angela McCoy

  • Set public hearing (November 3, 2011 @ 6:00 PM) Budget Amendment Exceeding 1% of approved FY 2012 budget

The motion to approve the consent agenda was unanimously approved.

IN RE:  ORDINANCE – TAX EXEMPT STATUS – HABITAT FOR HUMANITY

A public hearing was held on October 6, 2011 to receive citizens’ comments regarding a proposed tax exempt status for Habitat for Humanity.  There was no opposition to the proposed ordinance.

A motion was made by Bob Adkins, seconded by Steve Bates, to approve the ordinance exempting Habitat for Humanity from taxation of all real and personal property.  The motion was unanimously approved.

ORDINANCE #                        2011

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

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

A public hearing was held on October 6, 2011 to receive citizens’ comments regarding a proposed amendment to Wise County Building Code Ordinance #2 1975.  Specifically, that the Building Official shall require that an inspection of an electric installation be conducted and a permit be obtained from the Building Department for any reconnect of any electric service that has been disconnect for a period of one (1) year or more prior to such electrical service being restored.

There was no opposition to the proposed amendment.

A motion was made by Ronnie Shortt, seconded by Steve Bates, to approve the amendment to Wise County Building Code Ordinance #2-1975 as noted.  The motion was unanimously approved.

AMENDMENT TO ORDINANCE #2-1975

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

IN RE:  ORDINANCE- AMENDING INTEREST ON DELINQUENT TAXES & SETTING REFUND INTEREST RATE

A public hearing was held on October 6, 2011, to receive citizens’ comments regarding a proposed Ordinance Amending Interest on Delinquent Taxes & Setting Refund Interest Rate.

There was no opposition to the proposed ordinance.

A motion was made by J. H. Rivers, seconded by Bob Adkins, to approve the ordinance amending interest on delinquent taxes & setting refund interest rate.  The motion was unanimously approved.

ORDINANCE #                        2011

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

IN RE:  APPROPRIATIONS 2ND QUARTER

Supervisor Rivers asked that at the end of the quarter he would like to have an explanation noted as to how the money was spent and the balance at the end of that quarter.

Finance Administrator Cox explained that he has been providing Board members a spread sheet showing these expenditures each month.

Supervisor Meador asked that Board members be provided a list of the amendments that shows the totals to be a greater amount than 1% of the FY 2011-12 budget.

A motion was made by J. H. Rivers, seconded by Virginia Meador, to approve the 2nd Quarter Appropriations as presented.  The motion was unanimously approved.

IN RE:  RESOLUTION – SOUTH FORK – STREAM IMPAIRMENT

The Virginia Department of Mines, Minerals, and Energy’s Division of Mined Land Reclamation (DMLR) has an important environmental project underway along the South Fork of the Pound River in Wise County.  DMLR is reclaiming an old abandoned mine that currently contributes significant pollution to the river.  The mine located along State Rt. 620 approximately 3 miles north of Dixiana, was operated during the late l950’s and abandoned during the 1960’s.  The site discharges acidic mine drainage (AMD) into an un-named tributary of the South Fork and is considered a significant contributor to the stream’s continued inclusion on the state’s 303(d) list of impaired waters.

Reclamation will include the installation of a natural passive treatment system for the acidic mine drainage to address the impaired stream and water problems.  The treatment area is anticipated to include approximately 2 ½ acres for anaerobic treatment and ½ acre for aerobic treatment.

A conceptual design has already been completed by Appalachian Technical Services of Wise and negotiations for purchase of the property from local land holders have been initiated.

DMLR is requesting that Wise County accept title to the land (approximately 3 acres) after it has been purchased.

A motion was made by Ronnie Shortt, seconded by Fred Luntsford, to approve the resolution stating that the Board is committed to assisting in the development of this project and agree to hold title to the real property of approximately three (3) acres necessary to acquire and on which will be constructed the remediation project.  The motion was unanimously approved.

RESOLUTION #                   2011

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

IN RE:  RESOLUTION RECOGNIZING OCTOBER AS VIRGINIA WINE MONTH

A motion was made by Bob Adkins, seconded by Ronnie Shortt, to approve the resolution honoring Mountain Rose Vineyard, Inc., and recognizing October as Virginia Wine Month.

The resolution was presented to Suzanne Lawson, owner of Mountain Rose Vineyard, Inc. located on Coeburn Mountain.

RESOLUTION #                      2011

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

IN RE:  BUDGET AMENDMENTS

A motion was made by Bob Adkins, seconded by Steve Bates, to approve the budget amendments # 12 through # 18 as presented.  The motion was unanimously approved.

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

IN RE:  POLICY – PUBLIC WORKS DEPARTMENT

A motion was made by J. H. Rivers, seconded by Fred Luntsford, to table the policy for public works until the November meeting.  The motion was unanimously approved.
IN RE:  APPOINTMENT – BOARD OF ZONING APPEALS

A motion was made by Steve Bates, seconded by Bob Adkins, to re-appoint Bob Pippins to the Board of Zoning Appeals for a term of five (5) years.  The motion was unanimously approved.

IN RE:  APPOINTMENT – REDEVELOPMENT AND HOUSING AUTHORITY
A motion was made by Bob Adkins, seconded by Steve Bates, to re-appoint Elsie Kern to the Redevelopment and Housing Authority for a term of four (4) years.  The motion was unanimously approved.

IN RE:  APPOINTMENT – SOCIAL SERVICES BOARD

A motion was made by J. H. Rivers, seconded by Virginia Meador, to appoint Charles E. Miller to fill the unexpired term of George Barton on the Social Services Board.  The motion was unanimously approved.

IN RE:  APPOINTMENTS – COMMUNITY CRIMINAL JUSTICE BOARD

A motion was made by Virginia Meador, seconded by Bob Adkins, to appoint
 the following individuals to the Community Criminal Justice Board:

  • Elizabeth Wills – Juvenile & Domestic Judge Representative

  • Henry A. Vanover – Circuit Court Judge Representative

  • Sage B. Johnson – District Court Judge Representative

  • Allison Steele – Education Representative

  • William H. Price – Chief of Police Representative

  • Ruth Hale – Chief Magistrate Representative

  • David Bradley – Sheriff’s Representative

  • Roy Evans – Commonwealth Attorney Representative

  • Steve Clear – Regional Jail Representative

  • Kevin Tiller – Defense Attorney Representative

  • Sharon Alderson- Community Services Representative

The motion was unanimously approved.

IN RE:  MEMORANDUM OF UNDERSTANDING – AMERICAN RED CROSS

A motion was made by Ronnie Shortt, seconded by Fred Luntsford, to approve the MOU between the American Red Cross and the County of Wise which provides the broad framework for cooperation between the Red Cross and Wise County in rendering assistance and services to victims of disaster, as well as other services for which cooperation may be mutually beneficial.  The motion was unanimously approved.

IN RE:  COAL SEVERANCE PROJECTS

The Bristol District Office of the Virginia Department of Transportation has requested the consideration of the Wise County Board of Supervisors in changing the following projects from coal severance projects to revenue sharing projects:

  • UPC 04646  Project # 0663-097-T20 ---$452,981

  • UPC 94648  Project # 0651-097-T22----$460,440

Once these projects receive revenue sharing designation and are therefore revenue sharing eligible, VDOT will be able to transfer to these projects unused funds from one or more finished coal severance road projects.  This does not require the allocation of any new funding.

A motion was made by J. H. Rivers, seconded by Virginia Meador, to approve the request to change the coal severance projects to revenue sharing projects as stated.  The motion was unanimously approved.

IN RE:  CLOSED SESSION

A motion was made by Virginia Meador, seconded by J. H. Rivers, to go into closed session per the following items as permitted by the Code of Virginia:

  • Section 2.2-3711(A)(6) Investing of public funds AND

      •  (A)(30) Discussion of the award of a public contract AND

      •  (A)(1)  Personnel

The motion was unanimously approved.

After a lengthy closed session, a motion was made by Bob Adkins, seconded by Steve Bates, 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 Ronnie Shortt, seconded by J. H. Rivers, to approve the resolution verifying matters discussed while in closed session.  The motion was unanimously approved by roll call vote.

RESOLUTION #                        2011

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

COUNTY ADMINISTRATOR’S REPORT

Administrator Scott gave an update on the status of Channel 19 being restored to provide Board meetings and other activities within Wise County.

BOARD COMMENTS

There were brief comments from Board members regarding schools, stream maintenance, and ongoing activities within their districts.

RECESS

There being no further business to come before the Board, a motion was made by J. H. Rivers, seconded by Bob Adkins, to recess the meeting until Wednesday, October 19, 2011 at 5:00 PM.  The motion was unanimously approved.

ATTEST:                                             WISE COUNTY BOARD OF SUPERVISORS

 

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

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