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July 2004



                       July 13, 2004 12:00 NOON



        Call the meeting to order.

        Invocation to be led by Rev. Herman Cress of Russell’s Chapel Baptist
        Church located on Scratch Gravel Road in Marion.

        Pledge of allegiance to be led by Aaron Burdick, Intern.

        Request the Board adopt the agenda as to form.

        Request the Board approve the minutes of

        June 8, 15, 21, 22, 23, 24, 29, 2004 meetings (pg. 6-31).


1. Appropriations

    •          General County

     •   Department of Social Services July 14-31, 2004   $375,000.00

            (August 1-10, 2004)

     •   Schools

                    Operating Fund

                    Textbook Fund

                    School Debt & Capital Outlay Fund     $690,000.00

     •   Green Hill/Shuler Hollow Sewer Project            $97,607.54

     •   Groseclose Water Project
         •     Allison Gap Sewer Project

         •     Animal Damage

         •     Social Security Funds (Sheriff’s Department)        $476.62

2. Request the Board approve the accounts payable listing in the amount

3. Request the Board approve the release of nine (9) deeds of trust for

    citizen’s on Watson Gap (pg. 32-33).

     •       Request the Board appropriate $279.00 for the recording fees on

             the release of the above nine (9) deeds of trust.

4. Request the Board approve the following grants:

     •    School Resource Officer - $24,705 in State General Funds, $7,610
         in Local Cash Match, total of $32,315 (pg. 34-40).
          •   Local Law Enforcement Block Grant - $1,473 Locality, $164 Local
              Cash Match, total of $1,637 (pg. 41-50).

          •   Victim Witness Program - $0.00 in Federal Funds, $47,849 in State
              Funds, total of $47,849 (pg. 51-57).

      5. Request the Board adopt a resolution to continue funding through the
         Virginia Juvenile Communtiy Crime Control Act (VJCCCA), (pg. 58-60).

      6. Smyth County Code Section 34.1, see Jimmy Warren’s suggestion (pg.

      7. Request the Board approve the diesel, gasoline, and oil bid for Smyth

         County offices and departments (pg. 62).

      8. The Chamber of Commerce requests the Board waive the tipping fees
for   the waste associated with this year’s Pig Out in the Park.

      Continued Board Matters:

      1. Matter of collection of delinquent taxes (Mr. Whitmore was asked to
         look into this on 6-8-04).
2. Request from Nebo Community Center Board to become owners of
   the old Nebo School either by lease or donation (Building and Grounds

3. Ken Heath’s request concerning establishment of local tax abatement

     ordinance (referred to County Attorney, 7-1-03).

4.    East County Spring Source Study (8-1-03).

5. Green Hill/Shuler Hollow Sewer Project complaints (Water/Sewer

•    Bob Mason’s request concerning road repairs on a privately owned
     road (10-1-03).

•    Roger Blevins of Needmore Road, needs road repaired back to the
     way it was before the project.

•    Stephen Lewis of Green Hill Circle – damage to home due to blasting.

•    Rhonda Taylor of Green Hill Circle – damage to home due to blasting
     (John Tate to write a letter to Prillaman & Pace, Inc. concerning the
     above blasting damages, 6-8-04).

6. Draft revisions for Zoning Ordinance referred back to Planning
   Commission for study and recommendation (2-1-04).

7. Request concerning 911 contracts with the towns (911 Committee,

8. Request for tax exempt status for the Smyth County Community
   Foundation (4-13-04).

9. Marevine Slemp, request for water service on Fox Valley Road (5-11-

10. Reappointments - - The following were continued on June 8, 2004

Community Policy Management Team

Sue Clear (does not wish to be reappointed)

Penny Dixon

Smyth County Industrial Development Authority

Harry Dean

Montie Fleshman

Rye Valley Water Authority

William Farmer

John Barton

W. Frank Cox

Max Barker

Wytheville Community College (pg. 63-72)

Anna Crabtree
      11. The matter of Mount Rogers Planning District Commission
administering            the DHCD grant ($1,000,000.00) for the Allison Gap
Sewer Project,

            (Water and Sewer Attorney to review, 6-29-04).





       Concerning the cases brought before the Board on June 24, 2004 at the

   public hearing with the Planning Commission, the following recommendations

   were made to the Board:

        Grindstaff/Clark Commercial Stable Special Use Permit: Following
   discussion, Mr. McClure made a motion to recommend that the Board of
   Supervisors grant the Special Use Permit with the conditions that the
   proposed barn be accessed at the existing location from the public road and
   not from the right-of-way around the neighbor’s house, and that they will not
   operate a rodeo. Mr. Venable seconded the motion and it passed
      Hankla Automotive Sales and Service Non-conforming Use

   After discussion on the height of the proposed addition, Ms. Tuell made a
   motion to recommend approval of the Special Use Permit to the Board of
   Supervisors. Mr. Davidson seconded the motion and it passed unanimously.

       David Rouse Rezoning from Industrial to Commercial: Following
   discussion, Mr. McClure made a motion to recommend approval of the Rouse

   application to the Board of Supervisors. Mr. Venable seconded the motion
   and it passed unanimously.


       Public Hearing on the Clarkcrest Property becoming a Secondary

       The following decision was made by the Special Street Committee and

   recommended to the Board:

       Upon motion of Mr. Slemp, seconded by Mr. Roberts and unanimously

   carried the committee recommended to the Board that installments of the

   assessments be paid over a period of ten (10) years.

    Public Hearing on the following proposed text amendment:

     Section 3-4.2: (Commercial District) Under Uses Permitted with a Special Use Permit,
Add, (m) Medical Care Facility

    Section 10-45 (A) Add new Definition for “Medical Care Facility” as follows: any
institution, place, building or agency, whether or not licensed or required to be licensed by the
Board or the State Mental Health, Mental Retardation and Substance Abuse Services Board,
whether operated for profit or nonprofit and whether privately owned or privately operated or
owned or operated by a local governmental unit, (i) by or in which health services are
furnished, conducted, operated, or offered for the prevention, diagnosis or treatment of human
disease, pain, injury, deformity or physical condition, whether medical or surgical, of two or
more nonrelated mentally or physically sick or injured persons, or for the care of two or more
nonrelated persons requiring or receiving medical, surgical or nursing attention or services as
acute, chronic, convalescent, aged physically disabled or crippled or (ii) which is the recipient
of reimbursements from third-party health insurance programs or prepaid medical services

     Section 10-54: Revise definition of “Professional Office” as follows: An office in which
business is conducted by the following professions: medical related professionals, including
physicians, dentists, eye care specialists; lawyers architect, engineers, surveyors, insurance,
agents, real estate agents, and other similar professions. Term includes medical and dental
clinic. Term does not include facilities for the care and treatment of persons suffering
from alcohol or substance abuse (see “Medical Care Facility”).

     The Planning commission made the following decision:

    Board of Supervisors’ Public Hearing on Text Change to Zoning
 Ordinance: After discussion, Mr. Davidson made a motion to support the
text change to the zoning ordinance on medical care facilities when the
Board holds a

public hearing. Ms. Tuell seconded the motion and it passed unanimously.
      Request the Board to enter into executive session to discuss dispostion of
      real estate and prospective business or industry as outlined in Section 2.2-
      3711 (A) (3) and (5) of the Code of Virginia, as amended.

Request the Board continue the meeting until July 22, 2004 at 7:00PM for a
joint public hearing with the Planning Commission.

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