The Wise County Board of Supervisors met in a Regular Meeting on Thursday, August 9, 2012 at 6:00 PM in the Board of Supervisors meeting room located in the Wise County Courthouse. The following members were present:
Honorable Robert R. Adkins – Chairman
Honorable Virginia Meador – Vice-Chair
Honorable Fred Luntsford
Honorable Ronald L. Shortt
Honorable Steve Bates
Honorable Dana Kilgore
Honorable Robert E. Robbins, Jr.
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
Brandon White led in prayer.
All led in the pledge of allegiance to the flag.
Chairman Adkins asked that the resolution of support for the Coalfields Expressway be deleted from the agenda.
A motion was made by Robby Robbins, seconded by Ronnie Shortt, to approve the agenda as presented with the deletion as noted. The motion was unanimously approved.
ROADS AND HIGHWAYS
Charlene Green, Bill Green and Bill Bevins, voiced their support for additional funding that is needed to replace windows and other elements for the completion of the East Side High School project.
Harold Greear voiced his concerns on the following:
Amy Fannon Osborne, Extension Agent introduced Alicia Staebner, Wise County’s new Family and Consumer Science Extension Agent.
Ms. Staebner briefly reviewed her role with the Extension Office and the duties she would be performing throughout the year for Wise County citizens.
There being no further comments the public expression period was closed.
IN RE: EASTSIDE HIGH SCHOOL LADY SPARTANS
The Eastside High School Lady Spartans Softball Team was presented a Resolution honoring them for winning the State Championship 2012 and for their outstanding athletic ability, and team work.
IN RE: EASTSIDE HIGH SCHOOL UPDATE
Dr. Jeff Perry, Superintendent of Public Schools, provided a power point presentation on the construction status of the Eastside High School that was designed by Thompson & Litton according to budget ($8.5M). He reviewed the bidding process noting that modifications were made to the bids with the anticipation that some bids may come in high and certain elements were added in as alternates, which would give options to pick and choose the most critical elements needed. There were three (3) bids received with the bid from Quesenberry being the lowest at $9.6M. The budget for this project was $8.5M. He provided a budget analysis as follows:
A&E Contract $600,000 Bond $8,500,000
Quesenberry’s $8,150,000 Capital Imp (Roof) $ 500,000
FFE $500,000 Cafeteria $ 250,000
Total $ $9,250,000
The $9.2M will enable this contract to be awarded.
Dr. Perry reviewed the basement level floor plan and the current elements that are under contract.
He reviewed the following elements that had to be removed from the project because of insufficient funding. By removing these elements, students will be able to occupy the school in August 2013.
Listed below are the items deleted for which additional funding is needed from the Board of Supervisors:
Dr. Perry provided the following recommendation to meet this additional cost:
Award contract to Quesenberry’s ($8.15M)
Initiate an immediate start
Utilize capital money for roof ($500,000)
Utilize food service money ($250,000)
Supervisor Robbins stated that this would strap the Board in its finances. He was concerned with future revenue sources for the County since the coal industry is on the decline and with the costs for building the new schools will call for a tax increase.
Dr. Perry reminded Supervisor Robbins that early on, other options were placed before the Board that would be more economically feasible and less costly but the Board rejected those options. Dr. Perry said he understood that the additional cost would mean less operating money and more debt service. However, he has to work with what he has been given, which is three (3) high schools.
Supervisor Luntsford voice his frustration with the costs for the schools being changed from the original $60M that was sufficient to finance the three school projects in the beginning. He said he could not vote for additional funds as requested.
Supervisor Rivers felt that the Board was being forced to provide money for the windows because it is something that must be done while the project is ongoing. He asked Dr. Perry if there were funds in capital outlay to do the windows.
Dr. Perry explained that Eastside had to have a new roof, which will cost $500,000 and there would not be enough money left to do the windows. To use the remaining money in that account would mean that other capital needs could not be met. He noted that additional funds have been used for the Union and Central sites also.
Supervisor Meador was concerned as to how the Board will meet this request without raising taxes. However, she believed the Coeburn students should be treated the same as those at Union and Central High Schools.
Supervisor Shortt asked Finance Administrator Cox where these extra funds could be gleamed from.
Mr. Cox explained that if the Board chooses to fund the $900,000 there are two (2) options. One would be to utilize the $9M that is in reserve or do a bond issuance. He advised against the issuance of bonds because there are a lot of fixed costs involved. He recommended utilizing the $9M if the Board decides to go this route. That would leave approximate $4.5M for potential payment of debt service for future years. One other option Mr. Cox noted was to level fund the school system next year to utilize some funds from that balance to pay a portion of this debt.
Supervisor Rivers voiced his frustration that the schools were not being built within the original budget of $60M and there seems to be no end as to the additional costs for completion of the schools.
There was further discussion on the additional funding costs for the schools and how possible cuts could be made.
Supervisor Bates voiced his frustration in that the Board voted wrong and failed to make a good decision because of political pressure, and that includes both boards. Now, he said, the right thing to do is to move forward with the decision that has been made and make it right.
Supervisor Kilgore felt that the $8.5M was not enough for this school and she recommended using the $9M to meet these extra costs and move on.
Chairman Adkins asked Attorney Mullins the procedure for adding this item to the agenda.
Attorney Mullins explained that this was not an agenda item and would need a motion to add it to the agenda and a second motion to set a public hearing since this amount of money would be more than 1% of the approved budget for FY 2012/13.
Break at 7:33 PM
Reconvened at 7:42 PM
IN RE: AGENDA ADDITION
A motion was made by Dana Kilgore, seconded by Steve Bates, to add to the agenda the request from Dr. Perry for an additional $900,000 to complete the Eastside High School facility. The motion was unanimously approved.
IN RE: BUDGE AMENDMENT EXCEEDING 1%
A motion was made by Dana Kilgore, seconded by Steve Bates, to set a public hearing on September 13, 2012 at 6:00 PM to receive citizens’ comments on a budget amendment exceeding 1% of the FY 2012/13 County Budget. The motion was unanimously approved.
IN RE: DECAL PRESENTATION
Treasurer Delores Smith provided the Board with a power point overview of the decal collection process and the revenue that is collected through this process. She stated that this is a mechanism for collecting delinquent taxes and a means of keeping out-of-county garbage out of the convenience centers. She reviewed other methods that some counties have incorporated to collect their taxes.
There was some input from Board members as to other options the County may have to collect taxes other than the decal method.
IN RE: CONSENT AGENDA
Supervisor Kilgore asked that no action be taken on the resolution supporting the submission of an application to VCEDA for the Trails Project since the Board has not read the application, which she has read. She noted that the previous resolution adopted by the Board is in the application to VCEDA and she did not see the need to adopt another resolution.
Supervisor Rivers understood that there were going to be some changes to the application and it was necessary that the Board adopt a second resolution in support of the application.
There was some discussion on the possible need for additional money from all the counties involved in this project and the impact the Trails Project will have on tourism within Wise County and the surrounding areas.
A motion was made by Fred Luntsford, seconded by J. H. Rivers, to approve the consent agenda as follows:
IN RE: RESOLUTION HONORING JACKIE GILLIAM
Approved the resolution honoring Jackie Gilliam for her services to the Town of Pound as Mayor and for the charitable work she has been involved in for many years
RESOLUTION # 2012
(Said resolution is on file in the County Administrator’s Office)
IN RE: RESOLUTION OF SUPPORT – TRAILS PROJECT
Approved the resolution supporting the submission of a Funding Application to VCEDA for the Trails Projects
RESOLUTION # 2012
(Said resolution is on file in the County Administrator’s Office)
IN RE: PUBLIC WORKS VEHICLES
Approved the Declaration of an Emergency Procurement for the purchase of a Public Works vehicle
IN RE: PUBLIC HEARING – E-911 ROAD NAME
Approved setting a public hearing (September 13, 2012 @ 6:00 PM) on a proposed E-911 road name addition
The motion to approve the consent agenda follows:
Aye- Fred Luntsford Nay- None Abstain – Dana Kilgore
J. H. Rivers
IN RE: HAZ-MAT EMERGENCY RESPONSE AGREEMENT
Attorney Mullins reviewed the modifications that have been made to the Haz-Mat Emergency Response Agreement. She recommended approval of said agreement as presented.
A motion was made by J. H. Rivers, seconded by Ronnie Shortt, to approve the Haz-Mat Response Agreement with VDEM as presented. The motion was unanimously approved.
IN RE: RFP – LEASE PURCHASE FINANCING
Finance Administrator Cox asked that the Board approve the advertisement of a RFP not-to-exceed up to $2.5M to address the capital Plan for FY 2013 which is included in this year’s budget. This includes items such as elevator upgrades, courthouse security, vehicles, landfill equipment and Justice Center.
A motion was made by Dana Kilgore, seconded by Fred Luntsford, to authorize the advertisement of an RFP for lease/purchase financing of capital needs not to exceed $2.5M. The motion was unanimously approved.
IN RE: BUDGET AMENDMENTS
A motion was made by Ronnie Shortt, seconded by Virginia Meador, to approve the following budget amendments:
#1- Grants – conservation grant $4,860.00
#2- DMV Stop Administrative Charges $8,540.00
The motion was unanimously approved.
IN RE: APPOINTMENT COMMUNITY POLICY & MANAGEMENT BOARD
Fred Luntsford nominated Janie Dockery for reappointment to the Community Policy & Management Board.
Robby Robbins made a motion that nominations cease and Janie Dockery be reappointed to the Community Policy & Management Board for a term of four (4) years by acclamation.
IN RE: APPOINTMENT LENOWISCO DISABILITY SERVICES BOARD
A motion was made by J. H. Rivers, seconded by Virginia Meador, to reappoint Cathy Lambert to the LENOWISCO Disability Services Board for a term of three (3) years. The motion was unanimously approved.
IN RE: APPOINTMENT PLANNING COMMISSION
A motion was made by J. H. Rivers, seconded by Virginia Meador, to reappoint Edwin Roop to the Planning Commission for a term of four (4) years. The motion was unanimously approved.
IN RE: APPOINTMENT RECREATIONAL AUTHORITY
A motion was made by J. H. Rivers, seconded by Virginia Meador, to reappoint Ken Spurlock to the Recreational Authority for a term of four (4) years. The motion was unanimously approved.
IN RE: APPOINTMENT REDEVELOPMENT & HOUSING AUTHORITY
A motion was made by Ronnie Shortt, seconded by Fred Luntsford, to reappoint Gail Luntsford to the Redevelopment & Housing Authority for a term of four (4) years. The motion was unanimously approved.
A motion was made by Dana Kilgore, seconded by Robby Robbins, to reappoint Robert Harrison to the Redevelopment & Housing Authority for a term of four (4) years. The motion was unanimously approved.
IN RE: BLACKWOOD LINER STOCKPILE ASSESSMENT
Bill King, representing Thompson & Litton, explained to the Board that the County needs to assess the quantity and quality of the existing stockpile of soil material, which is known as Controlled Subgrade Fill Material (CSFM), prior to the development of bid document for the construction of Phase IV-B landfill expansion. The stockpile was placed in this area by the County in 2010 and 2011. Earlier surveys/volume estimates and preliminary soil tests have shown that the stockpile could potentially meet the requirements for quantity and quality of the CSMF; however, more reliable confirmation is now required. A favorable confirmation of earlier volume estimates and soil testing may justify structuring the bid documents in a manner that entitles bidders to rely on the CSFM from a quantity & quality standpoint thereby reducing risk and cost of the project. The fee for the scope of services is $13,800.00.
A motion was made by J. H. Rivers, seconded by Fred Luntsford, to approve the proposal submitted by Thompson & Litton, dated July 26, 2012, to provide its services to assess the quantity and quality of the existing stockpile of soil material at the Blackwood Landfill which is known as the CSFM for a lump sum of $13,800.00 as presented. The motion was unanimously approved.
IN RE: BLACKWOOD LANDFILL SITE COMPACTION STUDY
Bill King explained that in order to provide for the planning of several important solid waste management issues such as future landfill life expectancies, estimated gas production rates, sinking fund contributions for future landfill closure, and other considerations, it is necessary to determine the compaction rate for the Blackwood Landfill site. Wise County has implemented important operational procedures at the landfill which include new compaction equipment and activation of full scale landfilling. These operational procedures need to be assessed by having a better understanding of the rate of compaction achieved in the landfill. Before preparations for the construction of Phase IV-B are made, certain information needs to be established via surveying in order to facilitate the development of bidding documents.
A motion was made by J. H. Rivers, seconded by Fred Luntsford, to approve the proposal submitted by Thompson & Litton, dated July 26, 2012, to proceed with the Blackwood Landfill Site Compaction Study for the lump some of $17,800.00 as presented. The motion was unanimously approved.
IN RE: BLACKWOOD LANDFILL SITE 2012 SEMI-ANNUAL GROUNDWATER MONITORING
Mr. King advised the Board that the County needs to submit the 2012 Semi-Annual Groundwater Monitoring report for the Blackwood Landfill site to the Virginia Department of Environmental Quality (VDEQ) in accordance with applicable Solid Waste Management Regulations. Based on these regulatory requirements, Thompson & Litton can provide this work under their existing Agreement and Amendment #1, dated February 12, 2009 and July 2, 2010.
It is T&L’s understanding that groundwater sampling, elevation monitoring and chemical laboratory analytical testing will be performed by EMI and that the data will be provided to T&L in Excel format for analysis and reporting.
The fee for preparation of the 2012 Semi-Annual Groundwater Monitoring Report and letter to DEQ relative to the cobalt exceedance is a lump sum of $5,400.00.
A motion was made by J. H. Rivers, seconded by Fred Luntsford, to approve the proposal submitted by T&L, dated July 26, 2012, for the preparation of the 2012 Semi-Annual Groundwater Monitoring Report and letter to DEQ for a lump sum of $5,400.00 as presented. The motion was unanimously approved.
IN RE: APPALACHIA LANDFILL – POST CLOSURE
Bill King stated that the Appalachia Landfill post closure period is up. In the 10 year period certain things has been required such as groundwater monitoring, gas monitoring, monitoring storm water, etc. The County is now in the position to petition DEQ to terminate the post closure period. In order to be approved to terminate the post closure period, the County must submit to DEQ an evaluation which shows that everything is stable. T&L and the sub-contractor that T&L will be using has met with DEQ and a proposal is being prepared that will be presented to the Board at its meeting in September.
The Board took a brief recess at 8:50 PM
The meeting reconvened at 8:58 PM
IN RE: CLOSED SESSION
A motion was made by Virginia Meador, seconded by Ronnie Shortt, to go into closed session as permitted by the Code of Virginia as follows:
After a lengthy closed session, a motion was made by Ronnie Shortt, seconded by Virginia Meador, to reconvene the regular meeting. The motion was unanimously approved.
Secretary Underwood read the certification for closed meeting.
A motion was made by Ronnie Shortt, seconded by Steve Bates, to approve the resolution verifying matters discussed while in closed session. The motion was unanimously approved by roll call vote.
RESOLUTION # 2012
(Said resolution is on file in the County Administrator’s Office)
There were few comments from Board members.
A motion was made by Dana Kilgore, seconded by Steve Bates, to recess the meeting until Monday, August 13, 2013 @ 5:00 PM for a joint public hearing with the Planning Commission on a request from the Wise County School Board for a proposed Conditional Zoning Permit and a proposed special use Permit to build a new high school behind the Norton Commons (Wal-Mart) Shopping Center. The motion was unanimously approved.
ATTEST: WISE COUNTY BOARD OF SUPERVISORS
Shannon C. Scott, Clerk Robert R. Adkins, Chairman