| The
Wise County Board of Supervisors met in regular session on
Thursday, April 11, 2002, at 6:00 p.m. in the Board of Supervisors
meeting room located in the Wise County courthouse.
The following were present:
Honorable
Douglas Stallard-Chairman
Honorable
Jeffrey Salyers - Vice-Chair
Honorable
Douglas Mullins
Honorable
Edgar Mullins
Honorable
Virginia Meador
Honorable
Betty Cornett
Honorable
Robert Adkins
Honorable
Robert Robbins-members of said Board and
Edward
L. Sealover-County Administrator
Shannon
C. Scott- Assistant County Administrator
Karen
Mullins - County Attorney
Annette
Underwood- Executive Secretary
PRAYER
Jimmy
Stidham, member Guest River Pentecostal Church, led the
Board in prayer.
PLEDGE
ALLEGIANCE TO THE FLAG
MINUTES
A motion
was made by Jeff Salyers, seconded by Doug Mullins, to approve
the minutes as presented.
The motion was unanimously approved.
IN
RE: APPROVAL
OF AGENDA
Chairman
Stallard asked that the following agenda items be added
or deleted from the agenda:
Delete
from the Consent Agenda:
Item
2: set public hearing for proposed CIP.
Action is needed by the Planning Commission first.
Item
6: Transfer
$3,066 to Clerk of Circuit Court's professional services
line item.
Under
New Business Delete:
Resolution
amending several sections of the Personnel Policies.
The draft of the resolution was not available prior
to the regular meeting. Reschedule for next month.
ADD
New
Business
Discussion
of Land Disturbance at Fairgrounds (Supervisor Stallard)
A motion
was made by Jeff Salyers, seconded by Betty Cornett, to
approve the agenda with the additions and deletions as presented.
The motion was unanimously approved.
IN
RE: MECC PRESENTATION
Dr.
Terrance Suarez, President of Mountain Empire Community
College, presented a facts sheet to each Board member addressing
the college's activities. He voiced appreciation to the Board for its past financial
support and requested consideration for college funding
in the upcoming FY 2002-2003 budget.
Dr.
Suarez further noted that the $62,000 pledge from the County
is now due.
IN
RE: NATIONAL
COUNTY GOVERNMENT WEEK ACTIVITIES
Chairman
Stallard recognized first responders for the services they
provide to the citizens of Wise County. He noted that recognizing these local government departments
and volunteer organizations is a part of the National County
Government Week. Each
police department, fire department, rescue squad in Wise
County, and the Department of Emergency Services were presented
a Certificate of Appreciation and a copy of the Proclamation
proclaiming the week of April 7-13 as National County Government
Week.
IN
RE: PUBLIC
EXPRESSION
Ron
Flanary, a resident of the Big Stone Gap area, voiced his
concerns regarding litter throughout Wise County.
He recognized the good work that the Clean Team is
doing but he also recognizes the overwhelming problem of
litter that will take everyone doing their share to control
this problem. Mr.
Flanary recommended stronger enforcement of the litter laws.
He noted that litter is an eye sore and discourages job
creation and tourism.
He further suggested that perhaps the landfill use
fee could be increased to cover additional programs to help
prevent litter and increase litter enforcement.
Elmer
Phillips, a resident of Guest River, told the Board that
they were discriminating against the citizens on Day Town
Road by not fixing their road.
In his opinion, the obstruction on the R-O-W should
be removed and the road taken into the highway system.
Carl
Sims, Jr., a resident of the Day Town Road, asked the status
of the road project and whether or not the Board will continue
the process of trying to remove obstructions on the proposed
R-O-W.
Chairman
Stallard advised that Ms. Freeman does not wish to leave
her place of residence.
Attorney
Mullins stated that Ms. Freeman is concerned about the deeds
that have been presented to the Board. Ms. Freeman will be providing additional papers and deeds to
the Board for review since there seems to be some discrepancies
in the deeds and other documents.
She does not wish to move from her home and will
not voluntarily move. Ms. Mullins further noted that there are other obstructions
on this 40 ft R-O-W that would have to be addressed prior
to any road being built.
Joe
Bolling, a resident of Wise, supported Mr. Flanary's comments
regarding litter in the County.
However, he did not agree with the $30.00 per ton
fee for construction/demolition waste that is being proposed
by the Board. His
main concern was that contractors would start dumping their
waste by the way side instead of going to the landfill.
Mr.
Bolling presented pictures of a drain on Addington Road
in the Rocky Fork area that has been put in by the County
which has caused a problem on his property.
He asked that this be corrected if possible.
Randy
Partin, a resident of the Guest River area, voiced his concern
over the litter problem in Wise County. He suggested other means of controlling litter with the possibility
of increasing the household rate to $50.00 to cover added
expenses for additional enforcement.
IN
RE: ROADS AND
HIGHWAYS
Ken
Robinson, representing VDOT, informed the Board that T.G.
Branson was attending a meeting in Richmond and would not
be present at this meeting.
He gave
an update on the Annual Road Hearing that was held in Abingdon
noting that there was still time to get comments and requests
in for Wise County since no one was present at the meeting.
IN
RE: REVENUE
SHARING PROGRAM/ADDITIONAL FUNDING
A motion
was made by Jeff Salyers, seconded by Betty Cornett, to
authorize the County's participation in additional revenue
sharing funds for FY 2002/03.
The motion was unanimously approved.
IN
RE: RESOLUTION
APPROVING ANNUAL PLAN FOR ROADS AND BRIDGES JULY 1-2002
THRU JUNE 30, 2003
A motion
was made by Jeff Salyers, seconded by Betty Cornett, to
adopt the resolution approving the Wise County Coal and
Gas Road Improvement Advisory Committee's resolution for the Annual Plan for Roads and Bridges for the Period of July
1, 2002 thru June 30, 2003.
The motion was unanimously approved.
RESOLUTION
#
2002
(Said
resolution is on file in the County Administrator's Office)
IN
RE: CONSENT
AGENDA
Chairman
Stallard read the consent agenda items as follows:
(1)
Fourth Quarter appropriations
(2)
Budget Amendments
- No:
23: Transfer
$12,000 from the Law Library Fund to the General Fund
and Law Library Line Item
- No
24: Add $856 grant from MEOC to General Fund revenues and increase
reserve for emergencies/contingency line item
- No.
25: Add $7500 (NASA Grant) to General Fund revenues and increase
Clerk of the Circuit Court's P/T ($6900) and FICA ($600)
line item
(3)
Transfers from reserve for emergencies/contingency
line item
(a)
$530 to General District Court maintenance service
contract line item
(b)
$3100 to various line items in landfill billing (Enterprise
Fund)
A motion
was made by Bob Adkins, seconded by Doug Mullins, to approve
the Consent Agenda as listed above.
The motion was unanimously approved.
IN
RE: REZONING
PROPERTY AT LP AIRPORT
A public
hearing was duly held on April 4, 2002, to receive citizens'
comments regarding the rezoning of 194.33 acres located
between LP Airport and property owned by the Town of Wise
from a M-1 to a PD-BT District.
There was no one to speak for or against the proposed
rezoning.
A motion
was made by Jeff Salyers, seconded by Bob Adkins, to approve
the rezoning request from the IDA as presented. The
motion was unanimously approved.
IN
RE: SPECIAL
USE PERMIT FOR COUNTY PROPERTY / STEPHENS COMMUNITY
A public
hearing was held on April 4, 2002, to receive citizens'
comments regarding a request from the County for a Special
Use Permit for 2.54 acres of land located on Stephens Road
in the Glamorgan section of Wise County to be used for a
community center and polling place.
There
was no one to speak for or against the proposed Special
Use Permit.
A motion
was made by Edgar Mullins, seconded by Doug Mullins, to
approve the Special Use Permit for the 2.54 acres of land
located on Stephens Road as requested.
The motion was unanimously approved.
IN
RE: ORDINANCE #3-1933 ASSESSMENT OF FEE FOR DISPOSAL OF
CONSTRUCTION/DEMOLITION WASTE AMENDMENT
A public
hearing was held on April 4, 2002, to receive citizens comments
regarding a proposed amendment to Ordinance #3-1933 Assessment
of Fee for Disposal of Construction/Demolition Waste.
A concerned
citizen addressed the possibility of illegal dumping if
contractors are charged a fee for dumping the C&D waste
at the landfill.
Betty
Cornett made a motion to approve the proposed amendment
if the last two paragraphs of the amendment regarding homeowners
were changed to read, "that there shall be an exemption
from this per ton fee for one standard size pick up load
of waste material for any homeowner who hauls to the convenience
center or to the landfill".
Regarding
the paragraph on the $30.00 per ton for fiscal year ending
June 30. She
asked that the language "for fiscal year ending June 30"
be deleted. By doing this, there would be no need to vote each year.
Edgar
Mullins seconded the motion.
There
was a lengthy discussion on items that can be taken to the
landfill and the convenience centers.
Since
there was some confusion on exactly what Construction/Demolition
Waste is and whether or not such waste can be deposited
at the convenience centers, Ms. Cornett withdrew her motion
and Edgar Mullins withdrew his second
Chairman
Stallard stated that this amendment would be continued until
next month's meeting to allow time to get further clarification
of the county ordinance and perhaps ask Mr. Darter to come
to the next meeting to answer any questions the Board may
have.
IN
RE: RESOLUTION
RATIFYING THE DECLARATION OF A STATE OF LOCAL EMERGENCY
A motion
was made by Jeff Salyers, seconded by Doug Mullins, to adopt
the resolution ratifying the declaration of a state of local
emergency. The
motion was unanimously approved.
RESOLUTION
#
2002
(Said
resolution is on file in the County Administrator's Office)
IN
RE: RESOLUTION
WAIVING CERTAIN BUILDING PERMIT FEES FOR FLOOR DAMAGE
A motion
was made by Jeff Salyers, seconded by Robby Robbins, to
adopt the resolution waiving certain building permit fees
for structures suffering from flood damage.
The motion was unanimously approved.
RESOLUTION
#
2002
(Said
resolution is on file in the County Administrator's Office)
IN
RE: RESOLUTION
EXTENDING TERM OF CABLE FRANCHISE
A motion
was made by Virginia Meador, seconded by Doug Stallard,
to adopt the resolution extending the term of the cable
Television Franchise Agreement with Adelphia and Charter.
The motion was unanimously approved.
RESOLUTION
#
2002
(Said
resolution is on file in the County Administrator's Office)
IN
RE: RESOLUTION
/FAIR HOUSING IN COUNTY
A motion
was made by Doug Mullins, seconded by Jeff Salyers, to adopt
the resolution indicating action to be taken to further
fair housing in Wise County.
The motion was unanimously approved.
RESOLUTION
#
2002
(Said
resolution is on file in the County Administrator's Office)
IN
RE: RESOLUTION/APPLICATION
FOR FOOD BANK PROJECT
A motion
was made by Jeff Salyers, seconded by Bob Adkins, to adopt
the resolution authorizing the County Administrator to make
application on behalf of A.R.C.H.S. for a CDBG grant for
food bank project.
The motion was unanimously approved.
RESOLUTION
# 2002
(Said
application is on file in the County Administrator's Office)
IN
RE: PROCLAMATION/
NATIONAL COUNTY GOVERNMENT WEEK
A motion
was made by Virginia Meador, seconded by Betty Cornett,
to adopt the proclamation proclaiming April 7-13 as National
County Government Week.
The motion was unanimously approved.
IN
RE: PROCLAMANTION
/ HONORING FIRST RESPONDERS
A motion
was made by Robby Robbins, seconded by Jeff Salyers, to
adopt the Proclamation Honoring First Responders in Wise
County. The
motion was unanimously approved.
IN
RE: APPOINTMENT/SARA
TITLE III/LEPC
A motion
was made by Doug Mullins, seconded by Jeff Salyers, to appoint
the following people to SARA Title III/LEPC:
Robert
England
Steve
Blankenbeckler
Tommy
Jackson
Bob
Adkins
The
motion was unanimously approved.
IN
RE: APPOINTMENT
SOUTHWEST VIRGINIA STORMWATER MANAGEMENT COMMITTEE
A motion
was made by Jeff Salyers, seconded by Betty Cornett, to
appoint Robby Robbins to the Southwest Virginia Stormwater
Management Committee.
The motion was unanimously approved.
IN
RE: FISCAL
STATUS REPORT THROUGH MARCH
Administrator
Sealover informed the Board that the Governor has proposed
an amendment to SB 592 that will impose a $5 per ton tipping
fee on all trash in all landfills in the state.
The cost to Wise County will be $300,000 and will
go into effect on January 1st.
After
discussing this proposed amendment, a motion was made by
Jeff Salyers, seconded by Virginia Meador, to adopt a resolution
opposing the proposed amendment to SB 592.
The motion was unanimously approved.
RESOLUTION
#
2002
(Said
resolution is on file in the County Administrator's Office)
IN
RE: ATTORNEY'S
REPORT
Attorney
Mullins addressed the Board concerning the County Code sections
that addressed the police, fire and rescue and their relationship
with the County. This
Code section has been repealed by the State Code and is
no longer in existence.
Ms. Mullins noted that she is currently working on
a memo for the Board to review regarding the County's obligations
and etc with the First Responders that needs to be defined
by resolution, policy or ordinance.
IN
RE: BOARD COMMENTS
IN
RE: LAND DISTURBANCE
AT FAIR GROUNDS
Chairman
Stallard informed the Board that there has been an area
in excess of 10,000 sq. feet disturbed on County property
near the fairgrounds.
Without proper permits, the County could be sited
for disturbing this land. It is his understanding that the parking area for the fair
grounds is being enlarged by moving this dirt.
However, there has been no permits issued. Therefore, he asked for Board action prohibiting any activity
on County property until a proper plan is submitted and
proper agencies are contacted as per County code.
Doug
Stallard made a motion that no further disturbance of land
will be permitted on County property without proper authorization
of the Board and without submittal of a plan as to how the
work will be done according to County Code.
Jeff Salyers seconded the motion.
Doug
Mullins and Edgar Mullins stated that they would need more
information on this matter before they could vote.
The
votes on the motion are as follows:
Aye-
Virginia Meador
Nay-Doug Mullins
Abstain-Bob Adkins
(need further
Betty Cornett
Edgar Mullins
Information)
Doug
Stallard
Robby
Robbins
Jeff
Salyers
IN
RE: CLOSED
SESSION
A motion
was made by Jeff Salyers, seconded by Virginia Meador, to
go into closed session to discuss personnel as permitted
by section 2.2-3711A.1 of the Code of Virginia.
The motion was unanimously approved.
Administrator
Sealover, Shannon Scott, Karen Mullins, and Annette Underwood
left the meeting at this time.
After
a lengthy closed session, a motion was made by Edgar Mullins,
seconded by Jeff Salyers, to reconvene the regular meeting.
The motion was unanimously approved.
IN
RE: RESOLUTION
/ CLOSED SESSION
A motion
was made by Betty Cornett, seconded by Jeff Salyers, to
approve the resolution verifying matters discussed while
in closed session.
The motion was unanimously approved.
RESOLUTION
#
2002
(Said
resolution is on file in the County Administrator's Office)
ADJOURN
A motion
was made by Doug Mullins, seconded by Edgar Mullins, to
adjourn the meeting.
The motion was unanimously approved.
ATTEST:
WISE COUNTY BOARD OF SUPERVISORS
____________________________
_______________________
Clerk
Chairman
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