SUPERVISORS Page 1 VIRGINIA: PRESENT: AT A SPECIAL CALLED MEETING OF THE TAZEWELL COUNTY BOARD OF SUPERVISORS HELD JULY 21, 2015 AT TWELVE OCLOCK NOON IN THE TAZEWELL COUNTY ADMINISTRATION BUILDING, 108 EAST MAIN STREET, TAZEWELL VIRGINIA 24651 SETH R. WHITE, CHAIR J. GARLAND ROBERTS, VICE CHAIR CHARLES A. STACY, MEMBER JOHN ABSHER, MEMBER D. MICHAEL HYMES, MEMBER C. ERIC YOUNG, COUNTY ATTORNEY PATRICIA GREEN, INTERIM COUNTY ADMINISTRATOR RUTH GROSECLOSE, ADMINISTRATIVE ASSISTANT MEMBERS OF THE PRESS: JIM TALBERT, CLINCH VALLEY NEWS/RICHLANDS NEWS PRESS WARREN HINKLE, THE VOICE NEWSPAPER ABSENT: NONE The Chairman, Seth R. White, called the Special Called Meeting to order and presided with all those in attendance. Supervisor Roberts gave the invocation with Supervisor Stacy leading those present in the Pledge of Allegiance to the United States Flag.
SUPERVISORS Page 2 AGENDA APPROVED Upon motion of Supervisor Stacy, seconded by Supervisor Hymes and adopted by a vote of 5 to 0, with all members present and voting in favor thereof and no one against the same, the Tazewell County Board of Supervisors hereby adopts the agenda as written. SPECIAL CALLED MEETING The Special Called Meeting was held pursuant to Virginia Code Section 15.2-1418 and Virginia Code Section 2.2-3707, paragraphs, A,C,D & E for the following matters. All those individuals required to be notified of the Special Called Meeting were so informed. Consideration of adopting a resolution regarding Remote Participation in meetings of the Tazewell County Board of Supervisors or other Public Bodies in the event of an emergency or personal matter, certain disabilities, or distance from meeting location Public Hearing - To hear concerns regarding a "PROPOSED VACATION OF A PRESCRIPTIVE PUBLIC RIGHT OF WAY ALONG THE FORMER BAPTIST VALLEY ROAD, WHERE CURRENT STATE ROUTES 631 AND 16 INTERSECT, LOCATED IN BAPTIST VALLEY, TAZEWELL COUNTY, VIRGINIA, IN THE NORTHERN DISTRICT OF TAZEWELL COUNTY, VIRGINIA" Declaration of Local Emergency, Pursuant to Virginia Code Section 44-146.21 - due to flooding in Tazewell County Virginia due to torrential rain on Sunday evening, July 5, 2015. A copy of the Request for Special Meeting and a copy of the Special Meeting Waiver of Notice of the Meeting signed by all members, including the County Attorney and Interim County Administrator is attached hereto and incorporated herein by reference thereto.
SUPERVISORS Page 3 RESOLUTION - REMOTE PARTICIPATION IN MEETINGS OF THE BOARD OF SUPERVISORS OR OTHER PUBLIC BOIDES Upon motion of Supervisor Hymes, seconded by Supervisor Roberts and adopted by a vote of 5 to 0, with all members present and voting in favor thereof and no one against the same, the Tazewell County Board of Supervisors hereby adopts a resolution of the Tazewell County Board of Supervisors Regarding Remote Participation in Meetings of the Board or Other Public Bodies in the Event an Emergency or Personal Matters, Certain Disabilities, or Distance from Meeting Location: A RESOLUTION OF THE TAZEWELL COUNTY BOARD OF SUPERVISORS REGARDING REMOTE PARTICIPATION IN MEETINGS OF THE BOARD OR OTHER PUBLIC BODIES IN THE EVENT OF AN EMERGENCY OR PERSONAL MATTER, CERTAIN DISABILITIES, OR DISTANCE FROM MEETING LOCATION WHEREAS, the Tazewell County Board of Supervisors, as well as other public bodies, have regular and special called meetings from time to time throughout the year to deal with public business; and WHEREAS, the Tazewell County Board of Supervisors wishes to encourage participation of all members of the Board and other public bodies in attending meetings; and WHEREAS, the Tazewell County Board of Supervisors recognizes that Board members and other public bodies members have from time to time encountered difficulties attending meetings due to emergencies, personal matters, certain disabilities, or being located some distance from the meeting location; WHEREAS, Virginia Code 2.2-3708.1 allows participation in meetings of public bodies in the event of an emergency, personal matter, certain disabilities, and/or distance from meeting
SUPERVISORS Page 4 location, so long as there has been adopted a written policy and that a quorum of the public body is physically present at the meeting location ; and WHEREAS, the Tazewell County Board of Supervisors wishes to adopt such written policy; NOW THEREFORE, the Board resolves that remote participation by members of the Board of Supervisors and other public bodies shall be allowed, so long as a quorum is physically present to conduct a meeting. Members may attend and participate in such meeting from a remote location by telephone or other audio or video means, provided such attendance complies with the provisions of the Virginia Code and the Virginia Freedom of Information Act; further the member who shall be physically absent must notify the Chairman of said Board or public body on or before the day of the meeting of his/her reason for being physically absent, with specificity, and request to participate remotely. The Board or other public body shall record in its minutes the reason for the absence including the specific nature of the emergency, personal matter, or disability, or, in the case of regional authorities established by the Commonwealth, the participant's distance from the meeting location, being in excess of sixty (60) miles from the meeting place., The minutes shall further state the remote location from which the absent member participated. Such type of participation shall be limited to each member to no more than two (2) regularly scheduled meetings or twenty-five percent (25%) of all regularly scheduled meetings, whichever is fewer, in a given calendar year. The limitation of permitting electronic attendance to no more than two (2)meetings or twenty-five percent (25%) of meetings only applies to absences resulting from non-medical emergencies and personal matters, and does not apply to absences due to illness or disabilities, which are governed by Virginia Code 2.-3708.1 (A)(2). Nor shall the limitation on the number of electronic attendances per calendar year apply
SUPERVISORS Page 5 to any specially called meeting. Reasonable arrangements shall be made for the voice of the absent member to be heard by all persons in attendance, including the public. It is so RESOLVED by the Board on this the 21 st day of July, 2015. DECLARATION OF EMERGENCY DECLARED BY RESOLUTION Now, upon motion of Supervisor Roberts, seconded by Supervisor Stacy and adopted by a vote of 5 to 0, with all members present and voting in favor thereof and no one against the same, the Tazewell County Board of Supervisors hereby adopts the following resolution: RESOLUTION DECLARING EMERGENCY July 21, 2015 This Resolution was approved at a regularly scheduled meeting of the Tazewell County Board of Supervisors held at 108 East Main Street, Tazewell, Virginia at 12:00 p.m. noon The following Resolution was approved at an Emergency Special Meeting of the Tazewell County Board of Supervisors held at 108 East Main Street Tazewell, Virginia at 12:00 PM on the 21st Day of July, 2015, upon notice to the public which was reasonable under the circumstances as required by Sections 15.2-1418 and 2.2-3707, paragraphs, A, C, D & E, of the Code of Virginia. RESOLUTION DECLARING EMERGENCY WHEREAS, a series of heavy rain falls in the County, beginning on July 5th, 2015, interrupted electrical services in the County, threatened to interrupt potable water service, transportation, and other essential services, caused severe travel conditions, caused property damage, hardship and suffering for our residents, and threatened the public s health and safety;
SUPERVISORS Page 6 WHEREAS convening a meeting of the Board on the evening of July 5th, 2015 during the storm would have been impractical, if not impossible, and time was of the essence, the Local Director of Emergency Management, Patricia K. Green declared a state of emergency pursuant to Section 44-146.21 of the Code of Virginia; WHEREAS, this Board concurs that an Emergency existed from that time, the Board ratifies and consents to the local emergency declaration in all parts of the County; NOW THEREFORE, the Board hereby RESOLVES, That due to excessive rainfall causing commensurate injury and hardship to persons and damage to property, a Local Emergency existed in the County from on or about July 5th, 2015 to date and is expected to continue until July 21, 2015 at 11:59 p.m. That pursuant to the authority vested in the Board by Section 44-146.21 of the Code of Virginia (1950) as amended, and any other sections as may apply to exigent circumstances the Board hereby declares an Emergency, pursuant to Sections 44-146.16 (6) and 44-146.21 of said Code, and conveys all emergency powers as may be permitted by Virginia Law, including but not limited to those set forth in the aforesaid code section, to the County s Local Director of Emergency Management, Patricia K. Green and, in accordance with said Statute, her designee David White, who may exercise such powers in her absence; That the state of Emergency and authorized exercise of such powers conferred by the Code to the aforesaid persons under such circumstances, including those under Section 44-146.21, shall continue until July 21, 2015 at 11:59PM.
SUPERVISORS Page 7 IT IS SO RESOLVED this the 21st day of July, 2015 PUBLIC HEARING "PROPOSED VACATION OF A PRESCRIPTIVE PUBLIC RIGHT OF WAY ALONG THE FORMER BAPTIST VALLEY ROAD, WHERE CURRENT STATE ROUTES 631 AND 16 INTERSECT, LOCATED IN BAPTIST VALLEY, TAZEWELL COUNTY, VIRGINIA, IN THE NORTHERN DISTRICT OF TAZEWELL COUNTY, VIRGINIA The Chairman, Seth R. White called to order a public hearing that was duly advertised according to law, entitled: "PROPOSED VACATION OF A PRESCRIPTIVE PUBLIC RIGHT OF WAY ALONG THE FORMER BAPTIST VALLEY ROAD, WHERE CURRENT STATE ROUTES 631 AND 16 INTERSECT, LOCATED IN BAPTIST VALLEY, TAZEWELL COUNTY, VIRGINIA, IN THE NORTHERN DISTRICT OF TAZEWELL COUNTY, VIRGINIA" and called for public comments from the floor with regard to the subject public hearing: Attorney, Randy Bolling, Bolling & Hearl, Richlands, Virginia 24641, stated he represented JMB Investment Company, LLC in a property transaction located in the Baptist Valley, Virginia area, near the intersection of Route 16 and Route 631 for the purposes of allowing JMB Investment to begin construction of a Dollar General Store facility in the location as aforementioned. JMB needs to acquire title on a third parcel in order to start construction on the store. The small parcel needs to be vacated located along the southern boundary line of the property that JMB owns. He duly requested that the Board of Supervisors consider the Vacation. Mr. Bolling further stated that his office would pay for the advertising costs the County incurred with regard to the Public Hearing held this date. Now, the Chairman called for additional public comments three times, and there being none, he declared the public hearing closed. Then, upon motion of Supervisor Absher, seconded by Supervisor Roberts and adopted by a vote of 5 to 0, with all members present and voting in favor thereof and no one against the
SUPERVISORS Page 8 same, the Tazewell County Board of Supervisors hereby adopts the following Ordinance of Vacation. WHEREAS, pursuant to 15.2-2006 of the Code of Virginia, (1950), as amended, the Board is authorized to vacate or alter any Public Right of Way located in the County of Tazewell, by ORDINANCE of the governing body of the locality in which the land lies; WHEREAS, JMB Investment Company, LLC petitioned the Board of Supervisors of Tazewell County, Virginia, ( Board ) to consider vacating a prescriptive public right of way along the former Baptist Valley Road, where current State Routes 631 and 16 Intersect, located at or near the intersection of Baptist Valley Road (VA State Route 631) and Adria Road (VA State Route 16), along the Southern boundary of parcel 074A0091B, as shown on a plat entitled "Plat Showing Old County Road Right of Way to Be Vacated, Survey Made For JMB Development Company, LLC, Located at the Intersection of Route 16 and 631, Tazewell County, Virginia, Date: 01-29-2015" by James D. Ribble, Jr., CLS, and shown on that certain plat entitled: "ALTA/ACSM Land Title Survey, Made for JMB Investment Company, LLC, Property Situate on Routes 16 & 631, at Baptist Valley, Tazewell County, Virginia, Date: 01-09- 2015, Alpha Land Surveyors, Tazewell, Virginia" by James D. Ribble, Jr., CLS, (shown as Parcel 3) and annexed to that certain deed from Carl Dean Kennedy to JMB Investment Company, LLC, dated June 12, 2015, and recorded in the Tazewell County Circuit Court Clerk's Office in Deed Book 2015, page 8331, and stated in support thereof that the prescriptive public right of way serves no public necessity since the construction of State Route 631; and
SUPERVISORS Page 9 WHEREAS, JMB Investment Company, LLC, who owns property abutting the intersection of Route 631 and Route 16, as shown on said maps has petitioned the Board to vacate said right of way; and WHEREAS, notice of public hearing to consider said vacation of said prescriptive right of way along the former Baptist Valley Road, setting forth the description of the right of way to be vacated, stating the time, date, and place of the meeting of the governing body at which the adoption of the Ordinance was to be voted upon, was duly published on July 8, 2015, and July 15, 2015, in the Clinch Valley News/Richland's New Press, a newspaper having general circulation in the County in which the prescriptive right of way of former Baptist Valley Road is located, all as required by 15.2-2006 of the Code of Virginia (1950), as amended; and WHEREAS, the Board finds that it is satisfied that the prescriptive public right of way of former Baptist Valley Road, has not been used as a public passageway and serves no public necessity; and WHEREAS, the Board further finds that the requirements for vacation of a public right of way as contained in 15.2-2006 of the Code of Virginia, (1950), as amended, have been met. NOW THEREFORE BE IT ORDAINED, that the public right of way along the former Baptist Valley Road, where current State Routes 631 and 16 intersect, along the boundary line of parcel 074A0091B, and, for taxation purposes, shown in the land records of the County to be owned by: JMB Investment Company, LLC, and being more particularly shown on a plat entitled "Plat Showing Old County Road Right of Way to Be Vacated, Survey Made For JMB Development Company, LLC, Located at the Intersection of Route 16 and 631, Tazewell
SUPERVISORS Page 10 County, Virginia, Date: 01-29-2015" by James D. Ribble, Jr., CLS, and shown on that certain plat entitled: "ALTA/ACSM Land Title Survey, Made for JMB Investment Company, LLC, Property Situate on Routes 16 & 631, at Baptist Valley, Tazewell County, Virginia, Date: 01-09- 2015, Alpha Land Surveyors, Tazewell, Virginia" by James D. Ribble, Jr., CLS, (shown as Parcel 3) and annexed to that certain deed from Carl Dean Kennedy to JMB Investment Company, LLC, dated June 12, 2015, and recorded in the Tazewell County Circuit Court Clerk's Office in Deed Book 2015, page 8331, hereby is vacated pursuant to 15.2-2006 of the Code of Virginia, (1950), as amended and the public right to travel thereon is terminated. The public right of way herby vacated is described as follows: At or near the intersection of Baptist Valley Road (VA State Route 631) and Adria Road (VA State Route 16), along the Southern boundary line of parcel 074A0091B, as more particularly shown on that certain plat entitled: "Plat Showing Old County Road Right of Way to Be Vacated, Survey Made For JMB Development Company, LLC, Located at the Intersection of Route 16 and 631, Tazewell County, Virginia, Date: 01-29-2015" by James D. Ribble, Jr., CLS, and shown on that certain plat entitled: "ALTA/ACSM Land Title Survey, Made for JMB Investment Company, LLC, Property Situate on Routes 16 & 631, at Baptist Valley, Tazewell County, Virginia, Date: 01-09-2015, Alpha Land Surveyors, Tazewell, Virginia" by James D. Ribble, Jr., CLS, (shown as Parcel 3) and annexed to that certain deed from Carl Dean Kennedy to JMB Investment Company, LLC, dated June 12, 2015, and recorded in the Tazewell County Circuit Court Clerk's Office in Deed Book 2015, page 8331. The Board does further direct that an instrument be recorded in the land records of the Circuit Court Clerk's Office listing JMB Investment Company, LLC as Grantee with respect to the vacated portion of the public right of way along the former Baptist Valley Road. It is so ORDAINED by the Board on this the 21ST DAY OF JULY, 2015
SUPERVISORS Page 11 OTHER BUSINESS PROPERLY BROUGHT BEFORE THE BOARD Supervisor Absher said that he had spoken with the Commissioner of Revenue, Dave Anderson with regard to possible tax breaks for county citizens who suffered losses during the recent flood on July 5, 2015. Should the Governor declare a State of Emergency then the Board would have to adopt a resolution providing the relief under certain guidelines. Supervisor White announced that the Raven Theater would be having a Sign Lighting Ceremony on July 24, 2015 at 8:30 p.m. He invited everyone and said he would send out a reminder prior to the ceremony with directions. ADJOURN Now, upon motion of Supervisor Hymes, seconded by Supervisor Stacy and adopted by a vote of 5 to 0, with all members present voting in favor thereof and no one against the same, the Tazewell County Board of Supervisors hereby adjourns this SPECIAL CALLED MEETING. It's Chairman, Seth R. White by: RG