February 28, 2012

The Wythe County Board of Supervisors held its regularly scheduled meeting at 9 a.m., Tuesday, February 28, 2012. The location of the meeting was in the Boardroom of the County Administration Office, 340 South Sixth Street, Wytheville, Virginia. MEMBERS PRESENT: Danny C. McDaniel, Chair Coy L. McRoberts Gary M. Houseman, Vice Chair B. G. “Gene” Horney Arthur E. “Artie” Hall Tim A. Reeves Joe F. Hale STAFF PRESENT: R. Cellell Dalton, County Administrator Stephen D. Bear, Assistant County Administrator Bruce Grant, Finance Director Martha G. Collins, Administrative Assistant Jenna Nichols-Coleman, Public Information Officer Jennifer Druien, Secretary OTHERS PRESENT: Sam Crockett Corbin Stone Faye Barker Travis Jackson Doug King Dave Barrett Sara Paulk Mike Hall Lee Brannon Melinda Robinette Bucky Sharitz Aaron Blackburn Dana Pack Linda Meyer Roy Cox Frank Dunford Shelly Kyle Sharon King William Kyle J. D. Hancock Millie Rothrock Dave Blessing Barbara Williams Veronica Walden Eight Other Citizens CALL TO ORDER AND INVOCATION Chair McDaniel determined that a quorum was present and called the meeting to order at 9 a.m. Shelly Kyle of the Bethlehem Baptist Church provided the invocation and Chair McDaniel led the Pledge of Allegiance. CITIZENS’ TIME Chair McDaniel welcomed the citizens present at the meeting and inquired if anyone present wished to address the Board. 1. Farm Service Agency – Wythe “Bucky” Sharitz of 188 Clementine Drive in

Wytheville addressed the Board. Mr. Sharitz introduced Aaron Blackburn, Director of the Farm Service Agency. He noted that Martha Moody recently retired from the position of director.

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Mr. Blackburn explained that he started his career with the Farm Service Agency five years ago. He noted that the Conservation Reserve Enhancement Program is one of the Farm Service Agency’s most beneficial programs for the community and farmers. Mr. Blackburn added that the program generates money for both the farmers and the contractors.

2. Speedwell Water – Linda Meyer of 118 Dry Road in Speedwell addressed the

Board. Ms. Meyer explained that she believes that Speedwell’s current in-town water system works and the residents who do not currently have town water do not want or need public water. She asked the County to reconsider the waterline extension on Route 21 to Speedwell.

3. Videotaping Board Meetings- Ms. Meyer asked for an update on the videotaping

and broadcasting of the Board meetings. She noted that the Roanoke County Board, broadcasts their meetings live and then rebroadcasts the meeting the following week.

4. Local District Meetings – Ms. Meyer asked when and if local district meetings

could be held within the County to allow constituents to meet with their Board member.

Chair McDaniel stated that he believes that that decision should be up to each

individual Supervisor. Mr. Dalton noted that Ms. Meyer had previously requested that staff videotape

the Board meetings. He asked if she was now asking the Board to have cameras in the Boardroom to broadcast and tape the meetings as they do in Roanoke County.

Ms. Meyer stated that cable television is not available in the entire County and

asked that the meetings be posted on the County website. Mr. Dalton asked Ms. Meyer if everyone on the petition she presented to the

Board at the February 14 meeting had individually signed the petition themselves.

Ms. Meyer stated that the citizens did sign the petition. Mr. Dalton noted that staff called the citizens who had signed the petition and

several of the citizens stated that they had not signed the petition or felt forced into signing it. He asked that in the future each individual signing the petition have someone attest to his or her signature.

5. Pope Road – Roy Cox of 1262 Pope Road in Ivanhoe addressed the Board.

Mr. Cox explained that he has previously requested that the middle portion of

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Pope Road be paved. He noted that thirteen residents live on the unpaved section of Pope Road and requested that it be paved.

Mr. Dalton reported that he met with the Virginia Department of Transportation

District Administrator to tour Pope Road in January. He noted that the County also met with Legislators to request secondary road funds for paving of roads. Mr. Dalton explained that a Bill that included over $90 million for secondary roads was presented to the General Assembly, but he believes it did not pass the House of Representatives. He requested that citizens contact their Legislators so that funds could be available for the paving of secondary roads.

6. Assessments – Frank Dunford addressed the Board. Mr. Dunford reported that

he had set up a ten to eleven year old doublewide home on his property. He noted that the doublewide, which he had paid only $18,000 for, was assessed for $64,700. Mr. Dunford added that a new similar doublewide is only valued at $50,000.

Faye Barker, Commissioner of Revenue, explained that she is required to use the

reassessment figures from the previous assessment. She noted that Mr. Dunford’s doublewide is assessed at the same rate as all doublewides within the County. Ms. Barker added that those figures could not be changed without a court order.

Supervisor Reeves asked if Mr. Dunford had brought the issue to the

Reassessment Board after the previous assessment. Mr. Dunford stated that he had and they did reduce the value some. Supervisor Houseman explained that Mr. Dunford could speak to the Board of

Assessors concerning the value of his property and if he was not satisfied with their decision; he could then address the Board of Equalization.

Mr. Dalton reported that Blue Ridge Mass Appraisals are expected to send out

reassessment notices on March 2. He noted that the new reassessments should be received within the next two weeks. Mr. Dalton added that the Board of Equalization would accept appointments to meet with citizens the day after the assessment notices go out.

7. Route 738 – Dana Pack of 167 Jonas Town Road in Cripple Creek addressed the

Board. Mr. Pack asked if Route 738 could be paved when funds are available. He noted that thirteen full-time residents live on the one-third of a mile road, as well as, three homes that are used on a monthly basis.

8. Dog Shelter – Veronica Walden of 419 West Baumgardner Street in Rural Retreat

addressed the Board. Ms. Walden explained that at the previous Board meeting citizens were told that the dog shelter would be accepting volunteer help for the

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care of dogs. She noted that several volunteers have completed their paperwork, but have not been contacted to assist at the shelter.

Mr. Bear explained that the volunteers have been contacted to provide the days

and hours in which they could work at the shelter. He noted that the part-time dog shelter custodian had been off the past week, as well as, this week. Mr. Bear added that they hope to have the volunteers begin working on March 5 when the shelter custodian will be available to work with the volunteers.

Ms. Walden reported that a dog from the shelter was taken to the Community

Animal Clinic where it was discovered to have parvo. She asked for the County’s assurance that all necessary steps have been taken at the shelter to prevent the spread of the bacteria to the other dogs.

Mr. Bear explained that the matter was addressed and the shelter was

thoroughly cleaned. He noted that no dogs were euthanized due to this issue. Ms. Walden requested that the dog shelter refer owners to the Wythe-Bland

Animal Welfare League’s low cost spay and neuter program. 9. Animal Cruelty Punishments – Ms. Walden explained that recently a man in

Max Meadows shot three of his neighbor’s dogs and only received a $2,000 fine and one year of probation. Ms. Walden asked that the Board consider stricter punishment for animal cruelty.

Chair McDaniel explained that the Board could not control the court or the

judge’s decision. He noted that the Board could pass an ordinance, but the punishment would still be up to the judge.

County Attorney Farthing suggested that Ms. Walden contact the Commonwealth

Attorney. 10. Commercial Water Connection Fees – Barbara Williams of 107 Ridgeview Lane in

Wytheville addressed the Board. Ms. Williams explained that her mother had a commercial meter installed at her mobile home park on Route 11. She noted that she was told that it would cost $5,684 for the meter installation. Ms. Williams asked for a reduced connection fee for those with a commercial meter.

Supervisor Houseman suggested that the issue be referred to the Water

Committee for consideration. Chair McDaniel referred the issue to the Water Committee. With no one else to address the Board, Chair McDaniel closed citizens’ time.

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MINUTES OF PREVIOUS MEETING The Board was presented with the February 14, 2012, minutes for adoption. Supervisor Horney made a motion, seconded by Supervisor McRoberts to approve the February 14, 2012, minutes as presented. The motion passed unanimously. PAYMENT OF COUNTY INVOICES Supervisor Reeves made a motion to pay the invoices submitted for approval on February 28, 2012, for the various departments of County government. The invoices were paid on General Warrants 30080504-30080582 as follows:

EXPENDITURES BY DEPARTMENT

BOARD OF SUPERVISORS February 28, 2012

CHECK # ISSUE DATE VENDOR TOTAL 30080504 02/28/12 ALSCO $104.48 30080505 02/28/12 APPALACHIAN POWER $7,159.95 30080506 02/28/12 BLUE RIDGE AUTO PARTS INC $902.53 30080507 02/28/12 BUSINESS CARD $2,218.17 30080508 02/28/12 CANDU AUTO SALES & SERVICE $154.90 30080509 02/28/12 CARILION HEALTHCARE CORP $80.00 30080510 02/28/12 CARILION HEALTHCARE CORP $45.00 30080511 02/28/12 CASH CYCLE SOLUTIONS INC $1,102.37 30080512 02/28/12 CDW GOVERNMENT INC $654.26 30080513 02/28/12 CENTURYLINK $1,912.90 30080514 02/28/12 CENTURYLINK $293.77 30080515 02/28/12 CENTURYLINK $3,640.01 30080516 02/28/12 CENTURYLINK $205.85 30080517 02/28/12 CENTURYLINK $106.60 30080518 02/28/12 CENTURYLINK $97.21 30080519 02/28/12 CENTURYLINK $39.98 30080520 02/28/12 CENTURYLINK $42.47 30080521 02/28/12 CENTURYLINK $39.77 30080522 02/28/12 CENTURYLINK $39.77 30080523 02/28/12 CENTURYLINK $39.77 30080524 02/28/12 CENTURYLINK $39.77 30080525 02/28/12 CENTURYLINK $183.72 30080526 02/2/812 CENTURYLINK $39.77 30080527 02/28/12 CODY, GARY $10.51 30080528 02/28/12 COE, LEIGH ANN $90.00 30080529 02/28/12 COM TEC $234.46 30080530 02/28/12 CREATIVE GLASS & MIRROR INC $69.60 30080531 02/28/12 DEWBERRY & DAVIS INC $6,606.25 30080532 02/28/12 DLB INC $37,296.08 30080533 02/28/12 DUKE'S PRINTING $671.00

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30080534 02/28/12 E&L DIAMOND ELECTRIC COOLING $2,424.83 30080535 02/28/12 EADS, DARRELL $215.00 30080536 02/28/12 EARHART, MARY K PLLC $582.50 30080537 02/28/12 ELECTION SYSTEMS& SOFTWARE INC $1,305.00 30080538 02/28/12 FERGUSON ENTERPRISES $40.06 30080539 02/28/12 FLEETONE LLC $252.95 30080540 02/28/12 GALLS $42.98 30080541 02/28/12 JCI JONES CHEMICALS INC $776.00 30080542 02/28/12 KAYS OF KINGSPORT INC $416.45 30080543 02/28/12 LANE GROUP $2,257.50 30080544 02/28/12 LANE GROUP $550.00 30080545 02/28/12 LEE'S TIRES & MUFFLER SHOP $50.00 30080546 02/28/12 LOWE'S $103.94 30080547 02/28/12 LUMOS NETWORKS $150.51 30080548 02/28/12 MEREDITH'S GARAGE $41.00 30080549 02/28/12 MILLS, PATRICIA L $45.00 30080550 02/28/12 NEW RIVER SPORTS $136.00 30080551 02/28/12 NEW RIVER VALLEY REGIONAL JAIL $147,343.20 30080552 02/28/12 NEWMAN TRAFFIC SIGNS $77.92 30080553 02/28/12 OFFICE OF THE CHIEF MEDICAL EXAMINER $40.00 30080554 02/28/12 PEED & BORTZ LLC $22,525.00 30080555 02/28/12 R & R ENTERPRISES INC $75.00 30080556 02/28/12 REGION I VBCOA $20.00 30080557 02/28/12 RURAL DEVELOPMENT $2,443.00 30080558 02/28/12 RURAL DEVELOPMENT $1,686.00 30080559 02/28/12 RURAL DEVELOPMENT $7,577.00 30080560 02/28/12 RURAL DEVELOPMENT $79.00 30080561 02/28/12 RURAL DEVELOPMENT $330.00 30080562 02/28/12 RURAL DEVELOPMENT $345.00 30080563 02/28/12 RURAL DEVELOPMENT $2,282.00 30080564 02/28/12 RURAL DEVELOPMENT $2,514.00 30080565 02/28/12 RURAL DEVELOPMENT $18,319.00 30080566 02/28/12 RURAL DEVELOPMENT $11,572.00 30080567 02/28/12 RURAL DEVELOPMENT $2,295.00 30080568 02/28/12 SENTRY SERVICES $183.43 30080569 02/28/12 SHEETS, CHRISTOPHER $30.00 30080570 02/28/12 STATE ELECTRIC SUPPLY COMPANY $37.53 30080571 02/28/12 STEVE'S AUTO SALES & REPAIR $2,085.42 30080572 02/28/12 SUNGARD PUBLIC SECTOR USERS' GROUP $195.00 30080573 02/28/12 THOMPSON TIRE $99.00 30080574 02/28/12 TOWN OF WYTHEVILLE $516.38 30080575 02/28/12 TWO WAY RADIO $1,336.50 30080576 02/28/12 UNITED STATES POSTMASTER $136.00 30080577 02/28/12 VERIZON $13.53 30080578 02/28/12 VIRGINIA BUSINESS SYSTEMS $946.08 30080579 02/28/12 WEST PAYMENT CENTER $140.50

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30080580 02/28/12 WORDSPRINT $98.00 30080581 02/28/12 WYTHEVILLE OFFICE SUPPLY $771.40 30080582 02/28/12 ZOLL MEDICAL CORP $179.44 TOTAL EXPENDITURES APPROVED 02/28/12 $299,801.97 Supervisor Hall seconded the motion. The roll call vote on the motion was as follows: AYES: Danny C. McDaniel Coy L. McRoberts Gary M. Houseman B. G. “Gene” Horney Arthur E. “Artie” Hall Tim A. Reeves Joe F. Hale NAYS: None RURAL DEVELOPMENT Travis Jackson, Rural Development Area Director, addressed the Board. Mr. Jackson reviewed with the Board the Federal requirements for the County’s utility systems. He explained that the County makes the decision either to adopt a mandatory connection ordinance or to allow user agreements. Mr. Jackson noted that there is a connection fee associated with every system that would be paid by the County or the homeowner. He added that Rural Development requires the locality to enforce the mandatory connection ordinance that they have adopted. Mr. Dalton asked how the loan grant portion of the funding is calculated. He also asked if the County did not have a mandatory connection ordinance and had issued user agreements, would they still have access to funding through Rural Development. Mr. Jackson explained that Wythe County has general obligation bonding authority, which would allow the County to tap into their general fund. He noted that to access grant funding the locality must have one and one half percent of the median household income equal the average residential user cost. Mr. Jackson added that without the funding all taxpayers of the County would be responsible for the costs of the system, not just the users of that system. He noted that Wythe County’s rates are considered low in comparison to surrounding counties. Supervisor Houseman asked if the approval of the County’s loan was based on the mandatory connection fees. Mr. Jackson explained that Rural Development based their approval of the County’s loan on the County’s ability to repay that loan. He added that repayment ability was evidenced by the County’s mandatory connection ordinance. Supervisor Hall asked if the County would have to repay the loan from the general fund if the mandatory connection ordinance was rescinded.

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Mr. Jackson explained that the County would have to prove that they could meet the financial requirements to operate and maintain the system, as well as, repay the existing debt service. He noted that if Rural Development was not satisfied with the financials provided; the County would be in technical default of the loan and the loan could be called due and payable. Mr. Dalton stated that the County currently has several offers of low interest loans and grants and asked what would be the implication to those offers if the County rescinds mandatory connections. Mr. Jackson explained that the loans would not be closed until the County could evidence that they would have the users needed for those localities. He noted that if sufficient users are not available, Rural Development might not approve those loans. WYTHE COUNTY FY11 AUDIT Corbin Stone, Managing Director of Robinson, Farmer, Cox Associates presented the Wythe County Financial Report for the fiscal year ending on June 30, 2011, to the Board. Mr. Stone reviewed the financial statement information with the Board and the Board discussed. COMPREHENSIVE SERVICES Lee Brannon, Wythe County Public School Superintendent, addressed the Board. Dr. Brannon introduced Melinda Robinette, Director of Special Education, and asked that she explain the Individualized Education Program (IEP) and Comprehensive Services Act (CSA) to the Board. Dr. Robinette explained that any student found to be eligible for services under the Individuals with Disabilities Education Act would be entitled to receive an IEP placement. She stated that the IEP guarantees that student a free and appropriate public education. Dr. Robinette noted that their education would be of no cost to the student’s parent. She added that the Comprehensive Services Act was created in the 1990’s to allow localities to pull their resources to provide funding for the education of these student’s in the least restrictive environment available. Supervisor Houseman asked what the applicable age range is for students in the program. Dr. Robinette explained that special education students from birth to age 22 would be eligible for the program. She noted that foster care is different, as children can elect to go out of foster care at age 18. Supervisor Hall asked if the County is seeing an upward trend in CSA funding needs for its students.

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Dr. Robinette noted that it varies, but if an IEP is written, it must be honored. She added that the goal is to return the student to public school as soon as possible. MOUNT ROGERS PLANNING DISTRICT COMMISSION Dave Barrett, Executive Director of the Mount Rogers Planning District Commission (MRPDC), addressed the Board. Mr. Barrett explained that the MRPDC is requesting $17,050 from Wythe County, which is a $1,093 increase over the current year. He noted that this increase is based on population and use of the current Consumer Price Index (CPI) as quoted by the Department of Commerce and Labor. Mr. Barrett stated that the MRPDC represents twenty localities and assists with planning and community development, grant writing, comprehensive plan development, and water and sewer infrastructure projects. He added that the MRPDC is currently working on a hazard mitigation plan that is mandated by the Federal Emergency Management Agency (FEMA) in order to qualify for disaster assistance. Mr. Barrett asked that the County assist the MRPDC in identifying any services or needs in which that they could provide assistance. Chair McDaniel noted that Wythe County has benefited from being a member of the MRPDC. Mr. Dalton asked if the MRPDC would consider an indoor plumbing rehabilitation program. Mr. Barrett stated that the MRPDC would be happy to work with the County on an indoor plumbing rehabilitation program. He noted that they are currently using a high priority system, in which homes with no indoor water and sanitary systems are considered first. Mr. Barrett added that their current applications are more difficult and money is more competitive. He noted that the kinds of homes needed are difficult to find, often requiring a referral or actually going out in search of the homes in need. RECESS The Board recessed for a short break at 10:57 a.m. RECONVENE Chair McDaniel reconvened the meeting at 11:11 a.m. TREASURER’S REPORT Sam Crockett, Wythe County Treasurer, appeared before the Board. He presented the Treasurer’s Report as follows: 1. Revenue Statement – Mr. Crockett reported that the consolidated account is

currently at $59,000,000 with $34,697,000 in the General Fund account. He noted that they mailed out over 2,900 delinquent real estate notices in February. Mr. Crockett added that sticker forms will be mailed out on March 1, and would include delinquent personal property taxes.

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Mr. Dalton asked if the past tax collections have been completed. Mr. Crockett explained that they are preparing to begin a new list of past tax

collections. He noted that the last list was submitted for collection three years ago. Mr. Crockett added that previously they only collected up to 2005 and suggested that they request that the contractor collect everything owed up to current taxes.

Mr. Dalton noted that the County should attempt to collect back taxes owed

instead of raising taxes. COMMISSIONER OF REVENUE’S REPORT Faye Barker, Wythe County Commissioner of Revenue, appeared before the Board. She presented the Commissioner of Revenue’s report as follows: 1. Reassessments – Ms. Barker explained that she and Mr. Dalton met with Dave

Hickey of Blue Ridge Mass Appraisals on February 21. She noted that the reassessments are now complete, notices will go out on March 1, and the hearings will begin on March 5. Ms. Barker added that she believes that the computer system that is in Blue Ridge Mass Appraisals’ contract is inadequate for the work to be completed.

Mr. Dalton noted that he has addressed the issue with Mr. Hickey, but has been

unable to get an answer. SHERIFF’S REPORT Sheriff Doug King appeared before the Board and reported the following: 1. Drug Trafficking Legislation – Sheriff King reported that Senator Webb has

continued his efforts to include Wythe County in the High Intensity Drug Trafficking Areas (HIDTA) legislation. He noted that the legislation would provide additional overtime funding for the Department. Sheriff King added that he has completed the necessary paperwork.

Chair McDaniel asked how much funding would be provided with the HIDTA

legislation. Sheriff King explained that the amount of funding would be determined if

approved. 2. Meth Lab Cleanup – Sheriff King reported that the Department has a certified

meth lab cleanup technician on staff who is a member of their drug taskforce. He noted that the technician would clean up the meth lab, remove the hazardous materials, and store them in an off site location. Sheriff King added that the Sheriff’s Department would then turn over prosecution of the meth lab to the State Police.

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3. Operation Life Saver – Sheriff King reported that he had signed the agreement for Operation Life Saver in August and funds were appropriated for the program last year. He noted that Operation Life Saver was not able to provide the training for the program until next week. Sheriff King added that the program would train deputies on how to locate persons wearing Operation Life Saver bracelets. He noted that the program is used primarily for autistic children and Alzheimer patients.

4. Town of Pulaski Mutual Aid Agreement – Sheriff King reported that the County

had previously entered into a law enforcement mutual aid memorandum of understanding with the Town of Pulaski. He noted that this agreement would need to be renewed.

5. Solicitation Ordinance – Sheriff King explained that he has reviewed the

proposed solicitation ordinance and does feel that it will assist with the issue of solicitation and distribution of handbills within the County. He noted that the ordinance would provide a tool to law enforcement to do more than just threaten offenders.

Mr. Dalton noted that the 911 Consolidation meeting would be held on

February 29 at 1 p.m. DEPARTMENT OF SOCIAL SERVICES Mike Hall, Director of Social Services addressed the Board. Mr. Hall reported that a number of issues contribute to the continuing increase in costs related to the Comprehensive Services Act. He explained that the number of children in foster care is at a historic high. Mr. Hall noted that the Department of Social Services must ensure protection of the public, as well as, providing services for the child. He added that foster care costs, in addition to the cost of special education services will be approximately $3.3 to $3.5 million in the current fiscal year. The Board and Mr. Hall discussed the appropriations needed to fund the Comprehensive Services Act budget. Following discussion, it was determined that $182,500 local funds and $422,490 state funds for a total of $604,990 would need to be appropriated to the Comprehensive Services Act budget. SUPERVISORS’ REPORT 1. Wytheville to Rural Retreat Waterline Extension Meeting – Supervisor Houseman

reported that he attended the Wytheville to Rural Retreat waterline extension meeting on February 23. He noted that many citizens were appreciative to the County for holding the meeting and providing public water to their community. He noted that he had also received several phone calls and emails in support of the project.

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2. Convenience Centers – Supervisor Houseman reported that he has been contacted concerning the large trash boxes at the convenience centers. He explained that when the large trash boxes begin to fill up, the door is closed and citizens are then asked to throw their trash over the top of the box. Supervisor Houseman asked how the issue could be corrected.

Mr. Dalton explained that the boxes are supposed to be emptied within the day,

once V & M Recycling is notified by the convenience center attendant. Supervisor Houseman stated that he is unsure if V & M Recycling is not emptying

the boxes, or if the attendant is not calling to request that the box be emptied. He noted that as soon as the box is full enough to shut the door; the attendant should call to have it emptied.

Mr. Dalton noted that he has discussed the issue with Virgil Moore of

V & M Recycling at their monthly meeting. Chair McDaniel stated that he believes that the County would be liable for injury

to citizens when asking citizens to throw their trash over the top of the box. Mr. Dalton noted that the attendants at the center are under a 35 to 55 pound

weight limit under their workers compensation insurance. 3. Convenience Center – Supervisor McRoberts asked when the convenience center

in Ivanhoe would be paved. Mr. Dalton suggested that Supervisor McRoberts bring up the issue during the

budget process. 4. Planning Commission Issue – Supervisor Horney reported that a citizen in

Speedwell owns property with his father and brother. He explained that the citizen would like to build a house on the property, but the Planning Commission has said that he cannot.

Mr. Bear explained that the citizen is attempting to divide the property under a

family subdivision. He noted that the State code allows a person to give property to a family member, but they cannot convey land to themselves.

County Attorney Farthing explained that it is a definition issue of how a family

subdivision is defined in the State code. He noted that the County’s Subdivision Ordinance mirrors the State code.

Mr. Dalton noted that the citizen could build on the property; he just cannot

subdivide the property.

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Mr. Bear explained that the citizen could request a variance from the Subdivision Ordinance from the Planning Commission, or he could convey all of his interest in the land to his father; his father and brother could then give the land to him. He added that the citizen could also relocate where he wants to build his home.

Mr. Farthing explained that the State code makes the division difficult. He noted

that property could not be divided without 100 feet of road frontage. Mr. Dalton explained that a family subdivision allows a person to convey a lot to

another member of their family; a person cannot give him or herself a family subdivision. He noted that easiest solution is for the citizen to vacate his right to the land and request that his brother give him a portion of the land under a family subdivision.

5. Wytheville to Rural Retreat Waterline Extension – Supervisor Reeves reported

that he has received several calls concerning the Wytheville to Rural Retreat waterline extension project. He requested that the Water Committee consider a reduced fee to the commercial water meter connection fee. Supervisor Reeves also requested that the Water Committee consider a plan for residents on a fixed income to receive assistance with the connection fees and connection construction costs.

Supervisor Houseman noted that the Water Committee is in the process of

implementing a plan to provide assistance to those in need. 6. National Incident Management System (NIMS) Training – Chair McDaniel

reported that four Board members recently attended NIMS training. 7. Jill Biden Bus Tour – Chair McDaniel reported that he represented Wythe County

when Jill Biden’s bus tour visited the area recognizing outstanding programs through community colleges and business retraining partnerships. He noted that Wytheville Community College was ranked as one of the top ten community colleges in retraining workers for the workforce.

WATER COMMITTEE REPORT 1. Route 69 Water Tank Project – Supervisor Houseman made a motion as

recommended by the Water Committee to accept the amended engineering agreement with Pentree, Inc. for the Route 69 water tank project. He explained that this agreement agrees to pay Pentree, Inc. $14,750 as provided by the Mount Rogers Planning District Commission grant and the remainder of the fees would be deferred until additional project funding is secured.

The roll call vote on the motion was as follows: AYES: Danny C. McDaniel Coy L. McRoberts

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Gary M. Houseman B. G. “Gene” Horney Arthur E. “Artie” Hall Tim A. Reeves Joe F. Hale NAYS: None 2. Town of Rural Retreat Water Sale and Purchase Contract – Supervisor Houseman

made a motion as recommended by the Water Committee to adopt the water sale and purchase contract with the Town of Rural Retreat. He noted that the contract is contingent upon the Town of Rural Retreat’s acceptance.

The Board agreed to wait to adopt the contract following acceptance by the

Town of Rural Retreat. 3. A Frame Drive – Supervisor Houseman made a motion as recommended by the

Water Committee to extend water to two residents on 228 A Frame Drive as part of the Wytheville to Rural Retreat Radio Drive waterline extension. He noted that the citizens on A Frame Drive have requested the waterline extension. Supervisor Houseman added that the extension could be completed without additional cost.

The motion passed unanimously. 4. Exit 24 Wastewater System Engineering Contracts – Supervisor Houseman made

a motion as recommended by the Water Committee to solicit proposals through the open-ended engineering contracts for the development of a wastewater system at Exit 24.

The motion passed unanimously. BUDGET COMMITTEE REPORT 1. Firing Range – Supervisor Houseman made a motion as recommended by the

Budget Committee to amend and appropriate $1,000 from asset forfeiture funds to 3102-46010 for necessary purchases for the new firing range.

The roll call vote on the motion was as follows: AYES: Danny C. McDaniel Coy L. McRoberts Gary M. Houseman B. G. “Gene” Horney Arthur E. “Artie” Hall Tim A. Reeves Joe F. Hale NAYS: None

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2. Computers – Supervisor Houseman made a motion as recommended by the Budget Committee to amend and appropriate $1,000 to 3202-4565010 and $1,000 to 3202-4565006 for the purchase of computers. He noted that the computers would be for the Speedwell and Max Meadows Fire Departments.

The roll call vote on the motion was as follows: AYES: Danny C. McDaniel Coy L. McRoberts Gary M. Houseman B. G. “Gene” Horney Arthur E. “Artie” Hall Tim A. Reeves Joe F. Hale NAYS: None 3. Virginia Department of Emergency Management Grant – Supervisor Houseman

made a motion as recommended by the Budget Committee to accept the Virginia Department of Emergency Management Grant for Emergency Operations Center (EOC) equipment and to amend and appropriate $25,000 to 43043-48202.

The roll call vote on the motion was as follows: AYES: Danny C. McDaniel Coy L. McRoberts Gary M. Houseman B. G. “Gene” Horney Arthur E. “Artie” Hall Tim A. Reeves Joe F. Hale NAYS: None 4. Virginia Certified Planning Commissioner’s Program – Supervisor Houseman

made a motion as recommended by the Budget Committee to amend and appropriate $900 to 8101-45540 for the Virginia Certified Planning Commissioner’s Program registration fees. He noted that the $900 would cover the registration and tuition fees for two Planning Commission members to complete the Virginia Certified Planning Commissioner’s Program.

The roll call vote on the motion was as follows: AYES: Danny C. McDaniel Coy L. McRoberts Gary M. Houseman B. G. “Gene” Horney Arthur E. “Artie” Hall Tim A. Reeves Joe F. Hale NAYS: None

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5. Comprehensive Services Act (CSA) Budget – Supervisor Houseman made a motion, seconded by Supervisor Hall to amend and appropriate $182,500 local funds and $422,490 in state funds for a total of $604,990 to the CSA budget.

The roll call vote on the motion was as follows: AYES: Danny C. McDaniel Coy L. McRoberts Gary M. Houseman B. G. “Gene” Horney Arthur E. “Artie” Hall Tim A. Reeves Joe F. Hale NAYS: None 6. Virginia Public Authority Lighting Program – Supervisor Houseman made a

motion as recommended by the Budget Committee to accept the Virginia Public Authority Lighting Program funding in the amount of $25,573; and to amend and appropriate the following:

Library (43045-46007) $ 3,354.86 County Office Building (43043-46007) $ 7,513.71 Courthouse Building (43042-46007) $29,854.82 Wastewater Treatment Plant (4402-43310) $ 2,392.00 $43,115.39 The roll call vote on the motion was as follows: AYES: Danny C. McDaniel Coy L. McRoberts Gary M. Houseman B. G. “Gene” Horney Arthur E. “Artie” Hall Tim A. Reeves Joe F. Hale NAYS: None 7. Road Signs – Supervisor Houseman made a motion as recommended by the

Budget Committee to amend and appropriate $8,498 to 3504-43310 for the purchase of road signs.

The roll call vote on the motion was as follows: AYES: Danny C. McDaniel Coy L. McRoberts Gary M. Houseman B. G. “Gene” Horney Arthur E. “Artie” Hall Tim A. Reeves Joe F. Hale NAYS: None

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8. Water Services Agreement – Supervisor Houseman made a motion as recommended by the Budget Committee to accept the Water Service Agreement with Robinson Farmer Cox Associates contingent upon acceptance from the Town of Rural Retreat. He noted that the cost of the study would be $6,200, of which the County would be responsible for $3,100.

The roll call vote on the motion was as follows: AYES: Danny C. McDaniel Coy L. McRoberts Gary M. Houseman B. G. “Gene” Horney Arthur E. “Artie” Hall Tim A. Reeves Joe F. Hale NAYS: None 9. Rural Retreat Lake Water Bill – Supervisor Houseman made a motion as

recommended by the Water Committee to amend and appropriate $10,115 to the Town of Rural Retreat for the Rural Retreat Lake water bill.

The roll call vote on the motion was as follows: AYES: Danny C. McDaniel Coy L. McRoberts Gary M. Houseman B. G. “Gene” Horney Arthur E. “Artie” Hall Tim A. Reeves Joe F. Hale NAYS: None 10. Wythe County Extension Office Intern – Supervisor Houseman made a motion as

recommended by the Water Committee to authorize a summer intern for the Wythe County Extension Office. He noted that the internship would be at no cost to the County.

The motion passed unanimously. COUNTY ADMINISTRATOR’S REPORT County Administrator Dalton appeared before the Board and reported the following: 1. Release of Option to Purchase Real Estate Agreement – Mr. Dalton reviewed with

the Board the release of option to purchase real estate agreement between Wythe County and DuPont Fabros Technologies. He requested the Board’s authorization to sign the release of option purchase agreement.

Supervisor McRoberts made a motion, seconded by Supervisor Reeves to

authorize Chair McDaniel and County Administrator Dalton to sign the release of

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option to purchase real estate agreement between Wythe County and DuPont Fabros Technologies.

The roll call vote on the motion was as follows: AYES: Danny C. McDaniel Coy L. McRoberts Gary M. Houseman B. G. “Gene” Horney Arthur E. “Artie” Hall Tim A. Reeves Joe F. Hale NAYS: None 2. Wythe County Landfill Termination of Post Closure Care – Mr. Dalton reviewed

with the Board a letter from Dallas Sizemore, Southwest Regional Director of the Department of Environmental Quality, concerning the termination of post closure care of the Wythe County landfill. He noted that the letter provides the official approval of the landfill closure, which would eliminate the need for groundwater and gas monitoring in the future.

3. Department of Conservation and Recreation Stormwater Management –

Mr. Dalton reviewed with the Board information from the Department of Conservation and Recreation (DCR) outlining changes to the stormwater management program. He explained that the House of Representatives and the Senate passed a Bill that mandates that localities take over their stormwater management system. Mr. Dalton noted that the County would be required to collect storm management fees from landowners and remit those fees to the State of Virginia.

4. Health Care – Mr. Dalton explained that the County has received their health

care renewal for the upcoming year. He noted that there was only a 1.6% increase.

5. Volunteer Fire and Rescue Resolution – Mr. Dalton reviewed Resolution 2012-01

with the Board. Chair McDaniel read the following resolution outlining guidelines for the

Volunteer Fire and Rescue Departments:

Wythe County Resolution 2012-01 Volunteer Fire and Rescue – February 28, 2012

Whereas, fire and rescue volunteers provide an important role in the

Emergency Services of Wythe County; and,

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Whereas, it is essential that the volunteers be of impeccable character, moral fiber, be trained in accordance with standards set by the State of Virginia, NFPA, and other organizations to be recognized; and,

Whereas, the citizens of Wythe County expect that these volunteers have

adequate training; and, Whereas, the Wythe County Board of Supervisors provide resources to

the volunteers to include funding for buildings and equipment; and, Whereas, the Wythe County Board of Supervisors require integrity and

character in all volunteer fire and rescue personnel; and, Now, therefore be it resolved, that the Wythe County Board of

Supervisors, assembled in regular session, on this 28th day of February 2012, does hereby require the following of all fire and rescue volunteers:

A. A Criminal history check on an annual basis to be conducted by the

County by the 30th day of June of each year. The captain or fire chief shall submit the squad members’ names, addresses, and release form by April 1 of each year.

B. Any volunteer with a felony conviction shall not be eligible to be a member of either the volunteer fire department or volunteer rescue squad until their legal rights have been restored and submitted to the Board of Supervisors.

C. Complete the training requirements as set forth periodically by the Wythe County Board of Supervisors.

Be it further resolved, that this resolution be sent to each fire and

rescue department in Wythe County and entered into the official minutes of the Wythe County Board of Supervisors.

Supervisor Reeves made a motion, seconded by Supervisor Hale to adopt

Resolution 2012-01. The roll call vote on the motion was as follows: AYES: Danny C. McDaniel Coy L. McRoberts Gary M. Houseman Tim A. Reeves Arthur E. “Artie” Hall Joe F. Hale NAYS: None ABSTAIN: B.G. “Gene” Horney

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COUNTY ATTORNEY’S REPORT County Attorney, Scot Farthing, appeared before the Board and reported on the following: 1. Property Maintenance Ordinance – Mr. Farthing reviewed with the Board a draft

property maintenance ordinance for the Board’s consideration. He explained that a property maintenance ordinance had previously been presented to the Board and public. Mr. Farthing noted that this draft ordinance exempts farm equipment and allows inoperable vehicles with some stipulations. He added that the ordinance would be presented to the Virginia Farm Bureau Board to allow for their comments and feedback.

Supervisor McRoberts expressed his concerns with the inoperable vehicle portion

of the ordinance. He noted that he works on vehicles and keeps vehicles for spare parts. Supervisor McRoberts suggested changing the section that states inoperable vehicles must be kept within a fully enclosed building or structure or otherwise shielded or screened from view.

Mr. Farthing noted that if the vehicle were screened from view, it would not be

an issue. The Board discussed. Supervisor Reeves made a motion, seconded by Supervisor Hale to set a public

hearing for March 27, 2012, at 7 p.m. to allow for public comment on the property maintenance ordinance.

The motion passed with six ayes and one nay. 2. Solicitation on County Highways – Mr. Farthing reviewed an ordinance to prevent

soliciting on County highways. He explained that the code section allows for the adoption of an ordinance that prohibits the handing out of handbills, bulletins, or literature to drivers in motor vehicles or solicitation of any kind from drivers on the highways.

Supervisor Hall made a motion, seconded by Supervisor Hale to set a public

hearing for March 27, 2012, at 9:05 a.m. The motion passed unanimously. 3. Subdivision Ordinance – Mr. Farthing explained that he was unable to prepare a

report on the proposed subdivision ordinance as was requested of him by Mr. Dalton. He noted that he plans to meet with Mr. Bear to discuss the ordinance, and will give a report at the next day Board meeting.

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Mr. Dalton explained that the Board would have a joint meeting with the Planning Commission on March 13 at 4 p.m. and requested that Mr. Farthing present his report at that meeting.

Mr. Farthing agreed. CONSENT CALENDAR Supervisor Horney made a motion to approve the consent calendar for February 28, 2012, as follows: 1. PAYROLL – January 2011:

Water Department $ 21,415.84Wythe County Wastewater Fund 8,812.82Police Activity Fund 45,783.90Courthouse Security Fund 15,539.01General County Fund 421,272.79TOTAL $ 512,824.36 Check Numbers: 30080177-30080186; 30080273-30080282 Voucher Numbers: V201000-V201131; V202000-202141 Voided Check Numbers: 30080157-30080176

2. STATUS REPORTS:

Animal Control – Arlan Dunford Building & Grounds – Billy Bowers Building Inspection – Chip Dunford Emergency Services – Ikey Davidson Parks & Recreation – Gary Cody

3. BUDGET AMENDMENTS: A. $250.00 (3102-46009) – VACORP – Auto Claim Reimbursement, Tow Bill B. $2,805.98 (3102-46009) – Farmer’s Insurance – Auto Claim

Reimbursement, 2007 Ford Explorer C. $2,465.69 (3102-46009) – VACORP – Auto Claim Reimbursement, 2007

Ford Explorer 4. PERSONNEL:

A. Cassell, Mary N. – Retired, Commissioner of the Revenue, Effective December 31, 2011

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B. Cook, Elizabeth – Retired, Voter Registrar, Effective December 31, 2011 C. Kegley, Robert – Terminated, Full-time Deputy, Commissioner of Revenue

Office, Effective December 31, 2011

D. Leonard, Donna – Terminated, Full-time Deputy, Commissioner of Revenue Office, Effective December 31, 2011

E. Barker, Faye – Hired, Commissioner of the Revenue, Annual Salary

$72,034, Effective January 1, 2012

F. King, Carolyn – Hired, Voter Registrar, Annual Salary $47,647, Effective January 1, 2012

G. Williams, Regina B. – Hired, Full-time Bookkeeper, Annual Salary $26,910,

Effective January 23, 2012

H. Moore, Camile D. – Hired, Full-time Deputy, Commissioner of Revenue, Annual Salary $19,856, Effective January 24, 2012

I. Farley, Jeremy TK – Hired, Full-time Deputy, Commissioner of Revenue,

Annual Salary $19,856, Effective January 24, 2012

J. Cloud, Thomas – Resigned, Full-time Assistant Commonwealth Attorney, Effective January 29, 2012

K. Kemper, James C. – Hired, Full-time Assistant Commonwealth Attorney,

Annual Salary $45,385, Effective February 1, 2012

L. Bowers, Margaret H. – Hired, Full-time IT, Annual Salary $31,394 (Salary Shared by Sheriff Dept/County Admin.), Effective February 1, 2012

M. Bass, Kayla L. – Compensation Board Reclassification, Commissioner of

Revenue, Annual Salary $23,723, Effective February 1, 2012

N. Vaught, Kathy T. – Compensation Board Reclassification, Commissioner of Revenue, Annual Salary $33,885, Effective February 1, 2012 

Supervisor Hall seconded the motion. The roll call vote on the motion was as follows: AYES: Danny C. McDaniel Coy L. McRoberts Gary M. Houseman B. G. “Gene” Horney Arthur E. “Artie” Hall Tim A. Reeves Joe F. Hale

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NAYS: None BOND RESOLUTION The Board reviewed the bond resolution for the form and details of the general obligation bond of Wythe County, the issuance of which had been previously authorized and authorization of the sale of that bond. Mr. Dalton explained that the County would be converting the interim financing for the Rural Retreat High School project to permanent financing. He noted that the attorney does have a couple of minor changes to the bond resolution and explained those changes to the Board. Mr. Dalton added that the bond closing would be on March 8. Supervisor Reeves made a motion, seconded by Supervisor Hall to approve the resolution and to authorize Chair McDaniel to sign the document. The roll call vote on the motion was as follows: AYES: Danny C. McDaniel Coy L. McRoberts Gary M. Houseman B. G. “Gene” Horney Arthur E. “Artie” Hall Tim A. Reeves Joe F. Hale NAYS: None RECESS With no further business to discuss, Chair McDaniel recessed the meeting at approximately 1:30 p.m. until Friday, March 09, 2012, at 9 a.m. RECONVENE Chair McDaniel reconvened the meeting at 9 a.m. on March 09, 2012, in the conference room of the County Administration Building. All Board members were present, as well as, County Administrator Cellell Dalton, Finance Director Bruce Grant, and Administrative Assistant Martha Collins. BUDGET PARAMETERS WORK SESSION The Board discussed and set the final budget parameters for fiscal year 2013. ADJOURNMENT With no other business to come before the Board, Chair McDaniel adjourned the meeting.

_____________________________________ Danny C. McDaniel, Chair