| The
Wise County Board of Supervisors met in regular session
on Thursday, January 11, 2001, at 6:05 p.m. in the Board
of Supervisors Meeting Room located in the Wise County Courthouse,
Wise, VA. The following were present:
Honorable
Douglas Stallard-Chairman
Honorable
Betty Cornett - Vice-Chair
Honorable
Doug Mullins
Honorable
Edgar Mullins
Honorable
Virginia Meador
Honorable
Robert Adkins
Honorable
Donnie Dowell
Honorable
Jeffrey Salyers - members of said Board and
Shannon
C. Scott-Acting County Administrator
Karen
Mullins - County Attorney
Annette
Underwood- Executive Secretary
PRAYER
Rev.
Ray Jones, Pastor First Baptist Church in Wise led the Board
in prayer.
PLEDGE
ALLEGIANCE TO THE FLAG
MINUTES
A
motion was made by Bob Adkins, seconded by Jeff Salyers,
to approve the minutes as presented.
The motion was unanimously approved.
IN
RE: APPROVAL
OF AGENDA
Chairman
Stallard removed from the agenda the following items:
-
Resolution
of Support For Protection of Public Water Supply
-
Resolution
/Protection of Bear Creek Reservoir & Watershed
Administrator
Scott asked that the payment to Baker's Construction &
Excavation Company be added to the Blackwood Landfill Enterprise
Payments.
A
motion was made by Donnie Dowell, seconded by Jeff Salyers,
to approve the agenda with the deletions and additions as
stated above. The
motion was unanimously approved.
IN
RE: PUBLIC
HEARING LANDFILL USE FEE ORDINANCE AMENDMENT
A
public hearing was duly advertised for this date to receive
citizens' comments regarding an amendment to the Assessment
of Fee for Disposal of Solid Waste ORDINANCE #3-1993
(commonly know as the Landfill Use Fee Ordinance).
Joe
Bolling, Gary Tucker and Robbie Boggs voiced their opposition
to the language in the proposed landfill use fee amendment
regarding a fee of $30.00 per ton for disposal of materials
at the landfill not generated by a household, business or
industry on a day-to-day basis.
Further concerns were given regarding the possibility
of illegal dumps being created either on private property
or other property by those citizens not willing to pay the
dumping fee and those contractors that dodge their responsibilities
for properly disposing of debris. These contractors discussed
at length the use of convenience centers, the size of trucks
and who must use the landfill rather than convenience centers.
There
was some discussion on other methods of collecting revenue
for the refuse disposal.
There
being no further comments, the public hearing was closed.
Donnie
Dowell, upon the recommendation of the Landfill Use Fee
Committee, made a motion to adopt the amended Landfill Use
Fee Ordinance as advertised.
Bob Adkins seconded the motion.
Betty
Cornett made a substitute motion to mail out the Landfill
Use Fee bills effective January 15th and asked
that the chairman appoint a new Landfill Use Fee Committee
to study this ordinance.
Jeff Salyers seconded the motion.
Donnie
Dowell made a point of order that the substitute motion
was out of order in the fact that it is not that which was
sent out for public hearing.
The language for the proposed amendment cannot be
changed without another public hearing.
Chairman
Stallard asked the County Attorney whether or not the substitute
motion would be acceptable since January 15th
was the date stated in the proposed amendment that had been
advertised.
Attorney
Mullins explained that the motion would have to be for adoption
or rejection of the amendment that was advertised for public
hearing. For
a motion to adopt anything other than what was advertised
would have to be made in a separate motion.
She explained that if the only objection is to the
$30.00 per ton fee for other than daily household garbage,
a substitute motion can be made to adopt the proposed amendment
and strike the language regarding the additional $30.00
fee if that is the intent.
Betty
Cornett withdrew her substitute motion.
Jeff
Salyers withdrew his second.
There
was further discussion on the purpose and use of the convenience
centers, and the proposed
"Pay as You Throw" slogan.
Administrator
Scott explained that the open top trailer at the convenience
centers is for the citizens to place items of less than
a pick-up load that is not considered household garbage.
This does not apply to businesses and contractors.
He noted that those who drive company vehicles to and from
work are given a letter from the Administrator's Office
allowing them to drop their household garbage at the centers.
A
notation was made that the County needs to think about the
enormous cost of closing the landfill if the continued expansion
ceases to be feasible.
Chairman
Stallard stated that the stumbling block on the amendment
is the language and those concerns should be addressed before
passage.
There
being no further discussion, Chairman Stallard called for
a vote on the motion to adopt the amendment to the Landfill
Use Fee Ordinance as advertised.
Aye-
Donnie Dowell
Nay-Jeffrey Salyers
Virginia Meador
Betty Cornett
Doug Mullins
Doug
Stallard
Bob Adkins
Edgar Mullins
The
motion failed.
IN
RE: VDOT PAYMENT
A
motion was made by Jeff Salyers, seconded by Donnie Dowell,
to approve the VDOT payment in the amount of $783.31 for
work done on roads throughout Wise County to be paid from
the Coal & Gas Road Fund.
The motion was unanimously approved.
IN
RE: GRAVEL
PAYMENTS
A
motion was made by Bob Adkins, seconded by Jeff Salyers,
to approve the gravel payments in the amount of $3,534.23
for gravel placed on roads throughout Wise County to be
paid from the Coal & Gas Road Fund.
The motion was unanimously approved.
IN
RE: LANDFILL
USE FEE COMMITTEE
Chairman
Stallard stated that he would appoint another committee
to further study the landfill use fee ordinance for a possible
compromise on the language of that amendment.
Donnie
Dowell suggested that those who voted in the negative on
the proposed amendment be placed on the committee.
After
further discussion, the following committee was appointed:
Donnie
Dowell
Bob
Adkins
Edgar
Mullins
Betty
Cornett
Chairman
Stallard asked that Attorney Mullins be available to draft
the proposed language for the ordinance and that Administrator
Scott not be on the committee but be available for assistance
if needed.
IN
RE: PUBLIC
EXPRESSION
A
citizen came before the Board stating that the Board should
not use taxpayers' money to help a private company gate
off its property on Boggs Avenue in Appalachia.
Chairman
Stallard advised that the gate on Boggs Avenue was installed
to keep four-wheelers from entering the cemetery in that
area as well as the mining property.
He
also questioned the problem on the intersection off Rt.
610. Mr. Branson
said further study is being done on that intersection to
hopefully find a solution to reduce these problems.
Joe
Bolling spoke briefly on the 911 house numbering system
and questioned the purpose of the proposed 911 House Numbering
Ordinance. A
copy of said ordinance was given to Mr. Bolling for his
review.
There
being no further comments, the public expression period
was closed.
IN
RE: CONDITIONAL SEWER
PERMIT ORDINANCE
Circuit
Court Clerk Jack Kennedy informed the Board that the Health
Department and the Clerk's Office reached a MEMORANDUM OF
UNDERSTANDING (MOU) regarding the conditional sewer permits.
He asked that further consideration of this proposed
Conditional Sewer Permit Ordinance be tabled until the June
Board meeting at which time it can be noted as to the progress
of this MOU. The
MOU reads as follows:
MEMORANDUM
OF UNDERSTANDING
This
Memorandum of Understanding (MOU) is entered into this the
fourth day of January, 2001 between the Wise County Health
Department of the Commonwealth of Virginia and Wise County
and City of Norton Circuit Court Clerk's Office for the
mutual benefits of their respective constituencies and the
development of the Wise County Geographical Information
System (GIS) and based upon the mutual organizational performances
and other good and valuable good faith considerations the
parties hereto reach this binding MOU.
-
The
Wise County Health Department agrees to include among
its approved Conditional Sewer Permits the Global Positioning
System (GPS) reference points on all documents offered
to be recorded among the land records in the Wise County
and City of Norton Circuit Court Clerk's Office, Wise
Courthouse, 206 E. Main Street Wise, Virginia, 24293
as prepared by the Wise County Health Department's agents
to be tendered as Conditional Sewer Permits by applying
citizens or the agents of the Wise County Health Department.
-
Reference
points are mutually defined as the coordinate systems
by which positions can be measured in Latitude/Longitude.
It is understood that the GPS requirements sought
by the Circuit Court Clerk's Office in development of
its GIS digital mapping is a coordinate point within
the corners of the designated parcel.
It is understood that a reasonable margin of
error is deemed acceptable with the design capability
of the GPS equipment used by the Wise County Health
Department.
-
The
Wise County Circuit Court Clerk's Office agrees to use
the GPS coordinate data in its effort to build the Wise
County Geographical Information System (GIS) and share
the data with the Commissioner of Revenue's Office to
create a GeoCode for parcels in the developing portions
of Wise County.
-
The
GeoCode is defined as the Latitude/Longitude of the
underground septic tank placement or estimated tank
location for an existing system application so long
as it is within the corners of the parcel identified
by PIN as determined by the instruments selected by
the Wise County Health Department, within limits of
the equipment.
Such GeoCode shall be used as a parcel identifier
in future parcel data collections by the Wise County
Circuit Court Clerk's digital mapping and indexing system.
-
The
Wise County Circuit Court Clerk's Office shall provide
free access to its on-line database of Wise County and
City of Norton land record indices, land record images,
and subsequent digital mapping made available to the
public.
-
The
application fee imposed by the Health Department for
a Conditional Sewer Permit applicant shall not be increased
because of the GPS requirement imposed by this MOU.
-
The
recordation fee imposed by the Clerk of the Court for
recordation of a Conditional Sewer Permit shall not
be increased because of the GPS requirement imposed
by this MOU.
-
In
an effort not to delay unduly the processing of an application
for a conditional permit, in the event of equipment
malfunction with no backup GPS available to the local
health department, a conditional permit shall be issued
in accordance with applicable Commonwealth of Virginia
regulations and codes.
GPS coordinate data will be provided as soon
as the equipment is functional.
In these cases the health department will notify
the Circuit Court Clerk's Office of the equipment malfunction.
-
This
MOU shall be binding upon the Wise County Health Department
and the Wise County and City of Norton Circuit Court
Clerk's Office unless subsequently rescinded, modified,
or declared void by a Court of competent jurisdiction;
and, this MOU shall be spread among the land records
in the Circuit Court Clerk's Office identified as "MEMORANDUM
OF UNDERSTANDING" at the expense of the Clerk of the
Circuit Court.
This
MOU agreed this the 4th day of January 2001.
Wise
County Health Department
Wise Circuit Court Clerk's Office
/s/
Dr. E. Sue Cantrell
/s/J. Jack Kennedy, Jr.
_______________________
______________________________
Director
Clerk
After
further discussion, a motion was made by Jeffrey Salyers,
seconded by Virginia Meador, to postpone the proposed Conditional
Sewer Permit Ordinance until the June Board Meeting. The motion was unanimously approved.
Each
Board member was presented a copy of the (MOU).
IN
RE: DIGITAL
E-911 CREATION
Jack
Kennedy explained that the Digital E-911 proposal as submitted
by Anderson & Associates is one step further in GIS.
The 911 data that LENOWISCO has prepared is digitized
which makes one of many layers that are being worked on.
LENOWISCO is partially funding this project in the amount
of $6,000. Anderson
& Associates cost is $18,263.00 for which Wise County
will be billed $1,021.92 each month starting January 2001
and continuing through December 2001.
This expenditure will be paid from the E-911 funds
and not the County General Fund.
A
motion was made by Donnie Dowell, seconded by Bob Adkins,
to approve the Digital E-911 Creation as presented. The motion was unanimously approved.
Administrator
Scott gave a brief update on E-911 budget and its expenditures.
IN
RE: PSA
WATER PROJECTS/MORAL OBLIGATION
PSA
Director Danny Buchanan reported that for the past two years
the PSA has been seeking funding for two water projects
along U.S. 23; the Bean Gap Project and the Mill Creek Project. He explained the different sources of funding that are being
applied for to help fund these projects.
In the past, the PSA has been fortunate to be able
to fund all its projects.
At this time, the PSA is needing a "Moral Obligation"
not a "General Obligation from the County.
This in essence means that if the PSA were to have
a shortfall in its funding for these projects, the County
Administrator would be advised and the Board of Supervisors
would be notified of the shortfall for possible financial
assistance.
Attorney
Mullins noted that a "General Obligation" would mean to
co-sign and obligate oneself to a debt. The "Moral Obligation" does not bind the County legally but
does give the County the requirement of the obligation to
consider financial assistance if needed.
It
was suggested that the PSA float bonds for these projects
since it is an authority.
Mr.
Buchanan stated that he was confident that the PSA would
be financially able to meet its obligations but would appreciate
the Board considering the "Moral Obligation" if possible.
After
further discussion, a motion was made by Doug Mullins, seconded
by Jeff Salyers, to accept the "Moral Obligation" as requested
by the PSA for the Bean Gap and the Mill Creek Water Projects.
Aye-Doug
Mullins
Nay-Virginia Meador
Abstain-Donnie Dowell
Edgar Mullins
Betty Cornett
Doug Stallard
Bob Adkins
Jeff Salyers
IN
RE: RESOLUTION/
EAST STONE GAP SCHOOL MEMORIAL
A
motion was made by Betty Cornett, seconded by Virginia Meador,
to approve the resolution endorsement for the East Stone
Gap School Memorial Project.
The motion was unanimously approved.
RESOLUTION
#
2001
(Said
resolution on file in the County Administrator's Office)
IN
RE: RESOLUTION
/ ELECTRONIC CLASSROOM
A
motion was made by Bob Adkins, seconded by Jeffrey Salyers,
to approve the resolution of support for the Harrisonburg
IDA's inducement resolution for financing of equipment to
be used by Blue Ridge Public Television Authority and in
the Electronic Classroom at MECC.
The motion was unanimously approved.
RESOLUTION
#
2001
(Said
resolution is on file in the County Administrator's Office)
IN
RE: COUNTY
AUDIT
Chairman
Stallard advised that the Audit Committee met and reviewed
the audit. He
noted if any member has any questions they should call Larry
Sturgill, the County Auditor or a member of the Audit Committee.
IN
RE: REZONING/PATRICIA
WEBB
A
motion was made by Jeff Salyers, seconded by Bob Adkins,
to hold a public hearing on February 1, 2001 at 6:05 p.m.
to receive citizens' input on a rezoning request from Patricia
Webb to rezone 1.84 acres from a 36-acre tract of land located
at 9049 Orby Cantrell Highway from an A-RR to a B-2 District
for the purpose of taking advantage of business opportunities
along the four-lane highway.
The motion was unanimously approved.
IN
RE: SPECIAL
USE PERMIT/ JOSEPH KUDIRKA, JR.
A
motion was made by Jeff Salyers, seconded by Bob Adkins,
to hold a public hearing on February 1, 2001, at 6:10 p.m.
to receive citizens' comments on a request from Joseph Kudirka,
Jr. for a Special Use Permit for a family cemetery on .5
acre lot out of a 20 acre tract of land located at 6945
Rocky Fork Road. The
motion was unanimously approved.
IN
RE: REZONING/
RICHARD HODGE
A
motion was made by Betty Cornett, seconded by Jeff Salyers,
to hold a public hearing on February 1, 2001, at 6:15 p.m.
to receive citizens' comments on a request from Richard
Hodge to rezone a 200 x 100 ft. area out of a 1.3 acre tract
of land located at l5718 Bull Run Road from an A-RR to a
B-2 District for the purpose of establishing an automotive
business. The
motion was unanimously approved.
IN
RE: ELECTRIC
RATE CAP LEGISLATION
A
motion was made by Virginia Meador, seconded by Betty Cornett,
to approve the letter of support regarding proposed legislation
to clarify the Electric Restructuring Act to ensure that
the rate cap provision applies to all customers including
local governments. The motion was unanimously approved.
IN
RE: APPROPRIATIONS
THIRD QUARTER
A
motion was made by Donnie Dowell, seconded by Jeff Salyers,
to approve the third quarter appropriations as presented.
The motion was unanimously approved.
IN
RE: APPOINTMENT/LENOWISCO
DISABILITY SERVICES BOARD
A
motion was made by Jeff Salyers, seconded by Betty Cornett,
to appoint Chad Dotson to the LENOWISCO Disability Services
Board for a term of three years.
The motion was unanimously approved.
IN
RE: APPOINTMENT/
COMMUNITY POLICY & MANAGEMENT BOARD
A
motion was made by Virginia Meador, seconded by Betty Cornett,
to reappoint the following individuals to the Community
Policy & Management Board for a term of four years:
Dr.
Eleanor S. Cantrell
Sam
Dillon
Tom
Stanley
Suzanne
Lawson
Paul
Kuczko
Shannon
Scott
Wayne
McClellan
The
motion was unanimously approved.
IN
RE: APPOINTMENT
/ RECREATIONAL AUTHORITY
A
motion was made by Bob Adkins, seconded by Jeffrey Salyers,
to appoint Robin Dotson to the Recreational Authority for
a term of four years.
The motion was unanimously approved.
IN
RE: APPOINTMENT/SOCIAL
SERVICES BOARD
A
motion was made by Jeffrey Salyers, seconded by Bob Adkins,
to appoint Monroe Robinette to the Social Services Board
for a term of four years.
The motion was unanimously approved.
IN
RE: BUILDING
CODE ORDINANCE AMENDMENT
A
motion was made by Jeff Salyers, seconded by Bob Adkins,
to hold a public hearing on Thursday, February 1, 2001,
at 6:20 p.m. to receive citizens' input regarding a proposed
amendment to Wise County Building Code Ordinance #2-1975.
The motion
was unanimously approved.
IN
RE: E-911 HOUSING
NUMBERING ORDINANCE
The
Board received a copy of the proposed E-911 House Numbering
Ordinance for review.
IN
RE: APPPALACHIA
LEASE AGREEMENT
Attorney
Mullins advised that the Board received a notice in November
from Firstar Equipment Finance regarding a lease payment
and late charges in the amount of $11,435.18 on the Appalachia
Rescue Squad Ambulance.
She has spoken with a representative of First Star
Bank to confirm whether or not the Appalachia Rescue Squad
had made its December payment.
To date, said payment has not been received.
Attorney
Mullins explained that the Board did not have funds at this
time to make this payment until the appropriations for the
rescue squads have been made because the Board's liability
on this note is limited to funds being held for Appalachia
Rescue Squad. The
representative asked for a letter of intent from the Board
as to its intent on making the payment.
At the present time, both parties are reviewing the
contracts as to the responsibilities of each party.
Ms. Mullins said she would work with the chairman
on this issue and report back to the Board at its next meeting
on her findings. The
Appalachia Rescue Squad, at this time, does not have any
means to make this payment.
IN
RE: PAYMENT
OF ACCOUNTS
A
motion was made by Bob Adkins, seconded by Jeff Salyers,
to approve the payment of accounts as presented. The motion was unanimously approved.
IN
RE: E-911 PAYMENTS
A
motion was made by Jeff Salyers, seconded by Betty Cornett,
to approve the E-911 payments as presented. The motion was unanimously approved.
IN
RE: BLACKWOOD
LANDFILL ENTERPRISE FUND PAYMENT
A
motion was made by Jeff Salyers, seconded by Bob Adkins,
to approve the Blackwood Landfill Enterprise Fund payments
as presented.
Aye-Doug
Mullins
Nay-Donnie Dowell
Edgar Mullins
Betty Cornett
Doug Stallard
Bob Adkins
Jeff Salyers
Virginia Meador
IN
RE: LANDFILL
ENTERPRISE FUND
A
motion was made by Bob Adkins, seconded by Doug Stallard,
to approve the Landfill Enterprise Fund payments as presented.
Aye-Doug
Mullins
Nay-Donnie Dowell
Edgar Mullins
Betty Cornett
Doug Stallard
Jeff Salyers
Virginia Meador
Bob Adkins
IN
RE: RESCHEDULE
BOARD MEETING FOR FEBRUARY
A
motion was made by Bob Adkins, seconded by Jeff Salyers,
to change the regular Board of Supervisors meeting date
from Thursday, February 8th to Monday, February
12, 2001 at 6:00 p.m.
The motion was unanimously approved.
BOARD
COMMENTS
After
brief comments from Board members, Edgar Mullins left the
meeting.
RECESS
The
Board took a recess at 8:10 p.m.
The
Board reconvened its meeting at 8:25 p.m.
IN
RE: LANDFILL
USE FEE ORDINANCE AMENDMENT
There
was some discussion on whether or not funds would be available
to meet the VRA payment for the landfill expansion that
is due in April 2001.
Administrator
Scott advised that an $800,000 payment is due April 15,
2001. With
the proposed amendment to the landfill use fee ordinance,
payments would be due by February 15th that would
possibly bring in enough revenue to meet this payment and
the funds would not have to be taken from the General Fund.
There would, however, be no guarantee of this.
There
was further discussion on the language regarding the $30.00
per ton fee for garbage crossing the scale at the landfill
other than day-to-day household garbage.
Ms. Cornett made a motion to adopt the amended ordinance
as advertised with the deletion of the language regarding
the $30.00 per ton for garbage other than day-to-day household
garbage. Doug
Mullins seconded the motion.
The motion was unanimously approved.
IN
RE: CLOSED
SESSION
A
motion was made by Bob Adkins, seconded by Jeff Salyers,
to go into closed session to discuss the acquisition of
property as permitted by section 2.1-334A.3 of the Code
of Virginia and to discuss the County Administrator's position
as permitted by section 2.1-344A.1 of the Code of Virginia.
The motion was unanimously approved.
After
a brief closed session, a motion was made by Jeff Salyers,
seconded by Donnie Dowell, to reconvene its regular meeting.
The motion was unanimously approved.
IN
RE: RESOLUTION
/ CLOSED SESSION
A
motion was made by Donnie Dowell, seconded by Jeff Salyers,
to approve the resolution verifying matters discussed while
in closed session.
The motion was unanimously approved by roll call
vote.
RESOLUTION
#____2001
(Said
resolution on file in the Office of County Administrator)
IN
RE: PURCHASE
OF PROPERTY
A
motion was made by Virginia Meador that the County Administrator
be authorized to negotiate the property as discussed.
Jeff Salyers seconded the motion.
The motion was unanimously approved.
ADJOURN
A
motion was made by Jeff Salyers, seconded by Doug Mullins,
to adjourn the meeting.
The motion was unanimously approved.
ATTEST: WISE
COUNTY BOARD OF SUPERVISORS
______________________
__________________________
Clerk Chairman
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