| The
Wise County Board of Supervisors met in a regular meeting
on Thursday, December 12, 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-Chairman
Honorable
Barry Nelson
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
T. Mullins - County Attorney
Annette
Underwood - Executive Secretary
PRAYER
Robby
Robbins led the Board in prayer.
PLEDGE
ALLEGIANCE TO THE FLAG
All
gave the pledge of allegiance.
MINUTES
A
motion was made by Jeff Salyers, seconded by Bob Adkins,
to approve the minutes as presented.
The motion was unanimously approved.
IN
RE: APPROVAL
OF AGENDA
The
following items were added/deleted from the agenda:
Additions:
Budget
Amendment No13: add $36,000 in grant funds to the General
Fund and distribute in the DEVELOP budget as follows:
Salaries
$25,500
FICA
1,250
Health
Insurance
750
Prof.
svs. Other
1,500
Travel
7,000
Designation
of Applicant's Agent Resolution.
This is to access almost $44,000 in US Department
of Justice Equipment Grant Program funds (There is no local
match). The
equipment is basically for the use of first responders.
Budget
Amendment no 14: Requested
by the Sheriff, it would transfer $8,188 from the Inmate
Phone Commission Fund to the General Fund.
Jail budget line items would be increased by $2,984
for repair of vehicles used for inmate litter pick up and
capital outlay ($5,204) to purchase new computers.
Proclamation/resolution
honoring J.J. Kelly Basketball team for its recent win of
the state championship for 30 wins and zero losses.
Recognize
BSG Forensic Team who also won state championship.
Deletion:
The
Chairman requested the deletion of the proposed MSW transport
charge to Coeburn and St. Paul from New Business.
A
motion was made by Bob Adkins, seconded by Jeff Salyers,
to approve the agenda to include the additions/deletions
as presented. The motion was unanimously approved.
IN
RE: PUBLIC
EXPRESSION
Roger
Williams, a resident of the Wildcat section of Big Stone
Gap, addressed the Board with his concerns of the Williams
bridge that was recently re-constructed by the County.
He stated that the bridge was not wide enough, nor
strong enough to hold large trucks that use the bridge,
and the opening of the drain pipe is not large enough to
accommodate heavy rains that will result in flooding the
surrounding homes.
Mr. Williams said he understood a contractor was
hired to construct the bridge but for some reason the County
did the work instead.
He noted that there was not an engineer on the job,
nor did the bridge meet State requirements.
Pictures of the bridge were presented for a better
view of the problem.
He said the people appreciated the bridge but it
was not constructed to meet state specifications and would
not meet the needs of the community.
Chairman
Stallard advised that Mr. Robinson with the Highway Department
will address this item later in the meeting.
Tom
Wade and Earl Johnson, residents using this bridge, reiterated
Mr. Williams's comments and voiced their opposition to the
bridge also.
Carl
Stidham, Jr. a resident living on the Day Town Road, asked
the status of the road project and requested gravel to make
the road passable for the school bus.
Chairman
Stallard noted that nothing has changed since the last Board
meeting.
Board
Member Barry Nelson informed Mr. Stidham that he has looked
at the road to assess the problems with the R-O-W, etc.,
and stated that perhaps he would be able to assist with
some gravel to make the road passable for the school bus.
Rick
Bowman spoke regarding the animal laws.
He stated that the animal shelter is not providing
vet care when needed to prevent suffering and to control
the spread of disease as required by law.
He asked why this was not being done and if the County
is not in violation of the law.
Administrator
Sealover advised that he had already answered this question
at the meeting held yesterday with some of representatives
from P.A.W.S. However, he stated that Dr. Hand has made periodic visits to
the shelter and the County has never been sited for this,
and in view of those who regulate the animal shelters throughout
the state, the County is not in violation of State law.
The animal control officers are given the discretion
to ascertain the condition of an animal and whether or not
it is suffering or contaminated. Every situation is monitored
and appropriate measures are taken as needed.
Mr.
Bowman asked the amount of funding has been spent on animal
care this year.
Administrator
Sealover noted that zero funds have been spent on vet care
for animals this year.
Susan
Ramsey a resident of Rt. 610, addressed the Board regarding
the revised Six Year Plan.
She stated that the residents of Powell Valley desire
to see improvements to the Valley road for safety purposes
if the natural beauty is not marred. She stressed the safety issue but asked that no major
changes be done to take away the natural beauty of the road.
Sharon
Daniels, a resident of Powell Valley, voiced her opposition
to the proposed plan for the top part of the Powell Valley
road that would lead to a mountain side removal.
This would scar the beauty of the road that makes
Powell Valley so special.
A
citizen informed the Board that Powell Valley High School
took first place in the State in Theatre and Performing
Arts.
There
being no further comments, the public expression period
was closed.
IN
RE: ROADS AND
HIGHWAYS
Highway
Resident T.G. Branson informed the Board that an amendment
was made in the Six Year Plan whereby a Rte. 610 project
was removed from the plan that was of a major concern to
the residents in that area.
A "no plan" for Rt 610 was left in the Six Year Plan
which consists of the possibility of some minor improvements
to the cliff and up by the quarry to Rt. 23 with some spot
widening. This,
of course, depends upon donated R-O-W.
IN
RE: RESOLUTION/
SIX YEAR PLAN
A
motion was made by Barry Nelson, seconded by Doug Stallard,
to adopt the resolution approving the 2003-2004 thru 2008-2009
Secondary Road Six Year Plan and priority listing for the
first year as amended.
Aye-
Edgar Mullins
Nay-Betty Cornett
Barry Nelson
Virginia Meador
Doug Stallard
Robert Adkins
Robby Robbins
RESOLUTION
#
2002
(Said
resolution is on file in the County Administrator's Office)
REMARKS
Mr.
Branson gave a brief update on construction throughout the
County.
Mr.
Branson advised that Kenny Robinson will look at the Williams
bridge on Friday to get more information on the structure
of the bridge. He
noted that the size of the pipe will definitely have a bearing
on whether or not it meets VDOT's flood requirements in
the event the bridge is considered for acceptance into the
secondary system.
Chairman
Stallard asked that a report be given to the Board on Mr.
Robinson's findings on the structure of the bridge.
IN
RE: CONSENT
AGENDA
A
motion was made by Bob Adkins, seconded by Jeff Salyers,
to approve the consent agenda as follows:
Set
public hearing (January 2, 2003) (6:00 p.m.) on a proposed
ordinance adopting a permitting process for emergency services
operating within the boundaries of Wise County.
Set
public hearing (January 2, 2003) (6:00 p.m.) on seven (7)
proposed road names (E-911 System)
Budget
Amendments
- No.
12: Add $90,000
to General Fund revenues for ARCH's Food Distribution
Center (CDBG funds) and create separate department for
expenditures
The
motion was unanimously approved.
IN
RE: RESOLUTION
AUTHORIZING THE EXECUTION OF A RECIPROCAL AGREEMENT IN TIME
OF EMERGENCY
A
motion was made by Bob Adkins, seconded by Jeff Salyers,
to adopt the resolution authorizing the execution of a reciprocal
agreement providing mutual aid through the furnishing of
police, other employees and agents in the event of need
or emergency. The
motion was unanimously approved.
RESOLUTION
#
2002
(Said
resolution on file in the County Administrator's Office)
IN
RE: DERBY PROJECT/ENGINEERING
SERVICES
A
motion was made by Bob Adkins, seconded by Jeff Salyers,
to authorize the Chairman or the County Administrator to
execute a contract with Lane Engineering, Inc., for engineering
services for the Derby Project.
The motion was unanimously approved.
IN
RE: ANIMAL
SHELTER/CONSTRUCTION CONTRACT/HEARTWOOD BUILDERS
A
motion was made by Bob Adkins, seconded by Jeff Salyers,
to authorize the Chairman or County Administrator to execute
a contract with Heartwood Builders for construction services
related to the new animal shelter.
The motion was unanimously approved.
IN
RE: DANCE HALL
LICENSE/PIT STOP FAMILY GRILL, INC.
A
motion was made by Jeff Salyers, seconded by Bob Adkins,
to table the request for a dance hall license for the Pit
Stop Family Grill until such time that Cara Branch, President
of the Pit Stop Family Grill, can address the Board regarding
her liquor license application that was in conflict with
her letter of September 07 to the Board.
The motion was unanimously approved.
IN
RE: ORDINANCE/BOARD
OF EQUALIZATION
A
public hearing was held on December 5 to receive citizens
comments regarding a proposed ordinance establishing deadlines
for filing appeals to the Board and the date for the Board
to act on said appeals.
There was no one to speak for or against the proposed
ordinance.
A
motion was made by Virginia Meador, seconded by Betty Cornett,
to adopt the ordinance setting a deadline for filing disposition
of all applications for relief from reassessment with the
Board of Equalization.
The motion was unanimously approved.
ORDINANCE
#
2002
(Said
ordinance on file in the County Administrator's Office)
IN
RE: ORDINANCE
ANIMAL AND FOWL/SPAY/NEUTERING
A
public hearing was held on December 5 to receive input from
citizens regarding a proposed amendment to the Animal and
Fowl Ordinance incorporating into the ordinance the provisions
of state law requiring mandatory sterilization of animals
adopted at the animal shelter.
There
were remarks made from P.A.W.S at the public hearing concerning
the need for funds to provide vet care for the animals brought
into the shelter that have been injured or are sick.
They also voiced support for the mandatory sterilization
of animals that are adopted from the shelter.
Robby
Robbins made a motion to adopt the proposed amendment to
the Animal and Fowl Ordinance regarding spay/neutering as
presented. Jeff Salyers seconded the motion.
Jeff
Salyers asked if some of these funds could be set aside
for vet care for the injured and sick animals.
Attorney
Mullins stated that the funds must be used for the benefit
of the animals at the pound.
The primary purpose of the funds would be for spay
or neutering of animals that may not otherwise have been
adopted out.
Administrator
Sealover stated that the request to the County Attorney
was to have all the funds from the fines be deposited in
the County's Dog and Cat Sterilization Fund.
However, the language was added to include " approval
of services to benefit the animals".
This language was not intended for this ordinance.
Mr. Sealover proceeded to explain that the only way
this program will be effective is to use the money from
fines collected, donations, the Friendly License Plates
and adopt a voucher program.
This could be used to reduce the cost for spay/neutering
for those adopting animals from the shelter.
At the start of this year, a $20 voucher program
will be implemented to assist those individuals who adopt
animals from the shelter that are low income or elderly.
There
was some discussion in that the amendment to the ordinance
is confusing as to the purpose of the funds.
Attorney
Mullins advised that the language "for other approved service"
could be removed since the request was for the funds to
be used solely for the sterilization of cats and dogs.
Since
there was some questions regarding the language of the proposed
amendment, Jeff Salyers made a motion to table this proposed
amendment for further study.
After
further discussion on vet care for the injured and/or sick
animals brought into the shelter, Mr. Salyers withdrew his
motion to table the ordinance.
Administrator
Sealover advised that the Board can appropriate money through
the budgetary process into professional services line item
for veterinarian care.
Betty
Cornett made a motion to adopt the proposed ordinance with
the removal of the wording "or other approved service" and
for vet care, use the method of transferring money into
the professional services line item for the animal shelter
if needed. Virginia
Meador seconded the motion.
Aye-
Betty Cornett
Nay-
Jeff Salyers
Virginia Meador
Edgar Mullins
Doug Stallard
Barry Nelson
Robby Robbins
Bob Adkins
The
motion failed.
Chairman
Stallard asked for a vote on the main motion to adopt the
ordinance as presented.
Aye-
Jeff Salyers
Nay-
Betty Cornett
Edgar Mullins
Virginia Meador
Barry Nelson
Doug Stallard
Bob Adkins
Robby Robbins
The
motion failed.
IN
RE: BUDGET
FY 2002-03/ AMENDMENT
A
public hearing was held on December 5 to receive citizens'
input regarding proposed amendments to the adopted FY 2002-03
budget. There was no one to speak for or against the proposed
amendments.
A
motion was made by Jeff Salyers, seconded by Doug Stallard,
to approve the proposed amendments to the adopted FY 2002-03
budget adding all funding for the PD1 Community Services
Board and implementing the proposed Cost Containment Plan.
The motion was unanimously approved.
IN
RE: RIVERVIEW
SEWER RATES INCREASED
The
Riverview sewer rate increase was removed from the agenda
IN
RE: RESOLUTION
ON POLICY FOR PLACING SIGNS, ETC. ON COUNTY PROPERTY
On
a motion by Jeff Sturgill, seconded by Bob Adkins, that
the resolution on policy for placing signs, monuments, plaques,
etc., on County property and open common areas in County
facilities was tabled indefinitely. The motion was unanimously approved.
It
was noted that a letter has been received from the Commissioner
of Revenue's Office withdrawing its request to place a plaque
on the courthouse walls.
IN
RE: RESOLUTION ENDORSING SCENIC BYWAY ON PORTION OF RTE
23
Chairman
Stallard stated that a letter has been received from the
Chamber of Commerce stating that the Wise County Chamber
of Commerce Travel & Tourism Committee has been actively
seeking to have U.S. 23 through Virginia designated as Country
Music Highway. It
was the Chamber's understanding that they must first have
this highway declared a Virginia Scenic Byway before they
could obtain the Country Music Highway designation.
The Chamber is only interested in obtaining the Country
Music Highway and not the Virginia Scenic Byway.
After
discussion, a motion was made by Bob Adkins, seconded by
Betty Cornett, to table the resolution on the Scenic Byway.
The motion was unanimously approved.
IN
RE: VEC CUSTOMER
CONTACT CENTER
A
motion was made by Edgar Mullins, seconded by Jeff Salyers,
to pursue securing the VEC Customer Contact Center and to
solicit support of the legislative delegation.
The motion was unanimously approved.
IN
RE: ABANDONMENTOF
ALLEYWAY IN TACOMA
A
motion was made by Jeff Salyers to grant the abandonment
of the alleyway in Tacoma.
Robby
Robbins seconded the motion.
Attorney
Mullins advised that the motion should be to proceed with
the abandonment which means the alleyway would be posted
at which time it would be determined whether or not there
would be any objection to the abandonment.
If no objections are forthcoming, then at the next
meeting a vote could be taken for the abandonment.
Mr.
Salyers amended his motion to proceed with the abandonment
The
motion was unanimously approved.
IN
RE: APPOINTMENT-REDEVELOPMENT
& HOUSING AUTHORITY
Barry
Nelson nominated Randy Carter for the Redevelopment &
Housing Authority appointment.
Edgar
Mullins nominated James Robinson.
Jeff
Salyers made a motion to cease nominations.
Chairman
Stallard asked for a vote on Randy Carter to fill the vacancy
on the Housing Authority.
Aye-
Barry Nelson
Nay-
Bob Adkins
Virginia Meador
Edgar Mullins
Betty Cornett
Robby Robbins
Jeff Salyers
Doug Stallard
IN
RE: APPOINTMENT
COMMUNITY POLICY& MANAGEMENT BOARD
Bob
Adkins nominated Carolyn S. Jones to the Community Policy
Management Board.
Jeff
Salyers made a motion to cease nominations.
Bob Adkins seconded the motion.
The
motion was unanimously approved.
Chairman
Stallard asked for a vote to reappoint Carolyn S. Jones
to the Community Policy Management Board.
The appointment was unanimously approved.
IN
RE: APPOINTMENT
BUILDING CODE & APPEALS BOARD
Robby
Robbins nominated Steve Brooks to the Building Code &
Appeals Board. Jeff
Salyers seconded the nomination.
Jeff
Salyers made a motion to cease the nominations. Bob Adkins seconded the motion.
The motion was unanimously approved.
Chairman
Stallard asked for a vote on reappointing Steve Brooks to
the Building Code & Appeals Board.
The appointment was unanimously approved.
IN
RE: APPOINTMENT
LONESOME PINE YOUTH SERVICES BOARD
Betty
Cornett nominated Charles Young and Nosheen Reza to fill
the vacancies on the Lonesome Pine Youth Services Board.
Robby Robbins seconded the nomination.
Jeff
Salyers made a motion that nominations cease.
Bob Adkins seconded the motion.
The motion was unanimously approved.
Chairman
Stallard asked for a vote on appointing Charles Young and
Nosheen Reza to fill the unexpired terms of Heather Rose
and Larra Lambert on the Lonesome Pine Youth Services Board.
The appointments were unanimously approved.
IN
RE: APPOINTMENT-LENOWISCO
BOARD OF DIRECTORS
Jeff
Salyers nominated Robby Robbins to the LENOWISCO Board of
Directors.
Edgar
Mullins nominated himself to the LENOWISCO Board of Directors.
Jeff
Salyers made a motion that nominations cease.
Virginia Meador seconded the motion.
The motion was unanimously approved.
Chairman
Stallard asked for a vote on appointing Robby Robbins to
the LENOWISCO Board of Directors.
Aye-
Barry Nelson
Nay-
Edgar Mullins
Virginia Meador
Betty Cornett
Doug Stallard
Robert Adkins
Robby Robbins
Jeff Salyers
IN
RE: APPOINTMENT
- RADA
Jeff
Salyers nominated Barry Nelson to the RADA Board.
Jeff
Salyers made a motion that nominations cease.
Virginia Meador seconded the motion.
The motion was unanimously approved.
Chairman
Stallard asked for a vote on the appointment of Barry Nelson
to the RADA Board.
The appointment was unanimously approved.
IN
RE: ORGANIZATIONAL
MEETING DATE
A
motion was made by Jeff Salyers, seconded by Bob Adkins,
to hold the Organizational meeting on January 2, 2003 at
5:30 p.m. The
motion was unanimously approved.
IN
RE: FISCAL
STATUS REPORT
The
fiscal status report through November was given to the Board
for their information.
IN
RE: COUNTY
ADMINISTRATOR'S REPORT
Administrator
Sealover reported that Harold Wingate will address the Board
at its January meeting to give an update on the general
reassessment. The
fieldwork is scheduled to be completed by the end of next
week and the reassessment notices are due to go out the
second week in January.
BOARD
COMMENTS
RECESS
The
Board took a brief recess at 7:50 p.m.
The
meeting reconvened at 8:00 p.m.
IN
RE: CLOSED
SESSION
A
motion was made by Jeff Salyers, seconded by Virginia Meador,
to go into closed session for legal counsel and to discuss
personnel, and real estate as permitted by Section 2.2-3711A.(1)(7)(3)
of the Code of Virginia.
The motion was unanimously approved.
After
a lengthy closed session, a motion was made by Jeff Salyers,
seconded by Bob Adkins, to reconvene the regular meeting.
The motion was unanimously approved.
IN
RE: RESOLUTION
/ CLOSED SESSION
Jeff
Salyers read the certification for closed session.
A
motion was made by Jeff Salyers, seconded by Bob Adkins,
to approve the resolution verifying matters discussed while
in closed session.
The motion was unanimously approved by roll call
vote.
RESOLUTION
#
2002
(Said
resolution is on file in the County Administrator's Office)
ADJOURN
A
motion was made by Jeff Salyers, seconded by Bob Adkins,
to adjourn the meeting.
The motion was unanimously approved.
ATTEST
WISE COUNTY BOARD OF SUPERVISORS
______________________
_________________________
Clerk
Chairman
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