Board of Supervisors - January 2, 2003 Workshop Meeting

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The Wise County Board of Supervisors met in a Workshop meeting on Thursday, January 2, 2003, at 6:00 p.m. in the Board of Supervisors meeting room located in the Wise County courthouse.  The following were present:

Honorable Douglas A. Stallard - Chairman

Honorable Betty Cornett - Vice-Chairman

Honorable Barry D. Nelson

Honorable Edgar Mullins

Honorable Robert R. Adkins

Honorable Jeffrey Salyers

Honorable Virginia Meador - 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



Honorable Robby Robbins



Ron Vicars, representing the office of Larry Sturgill, C.P.A., presented the County Audit ending June 30, 2002.  He reviewed the letters of compliance and the basic content of the report.  He referenced the ways in which the report is better due to constantly improving records management.



A public hearing was duly advertised for this date to receive citizens comments regarding the following proposed E-911 road name additions:

Edster Road- Located off Dungannon Road in Coeburn.

Boatright Hollow -  Located off the bypass in Coeburn, before the Bull Run Road

Ole Rocky Top Road- Located off Powell Valley Road

Red Bird Road- Located off Floyd Road in Cranes Nest Section of Coeburn

Rock Hill Road - Located off Willis Road in Big Stone Gap

McReynolds Located off River Ridge Road in Crab Orchard Section of Coeburn

Hube Hill Road - Located off Old Hurricane Road on the Backside of Adwell Road

There being no one to speak for or against the proposed road names, the public hearing was closed.



A public hearing was duly advertised for this date to receive citizens' comments regarding a proposed ordinance adopting a permitting process for emergency service agencies operating within the boundaries of Wise County.

Luther Adkins, Captain of the Wise Rescue Squad, asked the nature of the permitting process and the intent of the County in adopting this ordinance.

Administrator Sealover responded that this ordinance is basically technical in nature.  This places in the County Code all the powers authorized by the State Code for the relationship between the rescue/fire departments and the County.  The word "contract" means that the County can contract for emergency management services which they presently do by providing money for the fire departments and rescue squads.  This will also set up the boundaries that have already been done.

Attorney Mullins stated that the courts have found that there is an "implied" contract without an ordinance.  However, the state statute gives the County the authority to adopt an ordinance that will control any disputes.  This is actually a benefit to the fire and rescue because it gives them, without question, "sovereign immunity", which was the issue in a recent circuit court case.   

Mr. Adkins asked that in the event any changes are made to this ordinance that the fire and rescue be notified.

Glenn Cantrell, Chief of the Pound Fire Department, commented that the Pound Fire Department is an entity of the Town of Pound; therefore, any agreements that are signed must go thru the town.  The Town of Pound has stated that it will not sign any mutual aid agreements until it is written in black and white.

Attorney Mullins advised that this is not a mutual aid agreement and would not require the town to sign.  This ordinance gives the fire and rescue sovereign immunity by being affiliated with the County and the areas that each fire and rescue are to serve.  The ordinance will adopt those boundaries.

Mr. Cantrell brought to the Board's attention that the Pound fire department is not incorporated but is an entity of the town.  Therefore, the town would sign any agreements for the fire department.

Chairman Stallard asked Attorney Mullins to ascertain whether or not the Town of Pound would be a part of this agreement since the Pound Fire Department is an entity of the town.

Attorney Mullins stated that the rescue squads are incorporated but she would check regarding the fire departments and the situation with the Pound Fire Department.

There being no further comments, the public hearing was closed.



Elmer Phillips gave his interpretation of the U.S. Constitution and told the Board they were in violation of the Constitution.

Delmer Wilson, Sr. addressed the Board with concern that he was not notified of the proposed alleyway (street) abandonment in Tacoma.  He stated that he is an adjacent property owner of the alleyway (street), and if abandoned, he would be landlocked to his property on the backside.  This property is in the flood zone and could not be used for any building purposes.  Mr. Wilson asked the Board to deny this request.

Gwen Dean, representing P.A.W.S., asked the status of the new animal shelter, when will construction begin and asked that the amendment to the Animal Control Ordinance regarding spay/neutering be placed back on the agenda.

Chairman Stallard asked Ms. Dean to present a list of her questions to the County Administrator and he would provide the answers. 

Ms. Dean presented packets regarding the care of the dogs at the shelter and other information for the Board to review.    

Sherrie Kilgore, representing P.A.W.S., asked that the present County budget be amended to include funds for vet care in this fiscal year and also be included in next year's budget.

Chairman Stallard advised Ms. Kilgore that anyone wanting to be a part of the County budget must provide a letter requesting consideration in the upcoming budget.

Erschel Hall, representing Big Stone Gap Rescue Squad asked for a copy of the boundaries for the rescue squads and asked how the proposed ordinance will effect the enforcement of liability insurance when responding to a call in Lee County.

Attorney Mullins responded that there will be no additional requirements by the County other than those that are already State mandated thru the squad's current license/permits.  The County will not require any additional insurance coverage and the boundary areas are the boundaries that are being currently served.  She noted that it was her understanding that all the rescue squads and fire department had been provided their boundary areas by the Sheriff's dispatch.

Glenn Cantrell, Chief of the Pound Fire Department, asked the County to review the E-911 system and do a possible upgrade.  Mr. Cantrell stated that the fire departments/rescue squads have little or no communication with central dispatch when answering calls.  He noted that the Town of Pound recently spent $25,000 to upgrade its system which did not increase communications at all.

Roger Williams asked the status of the Williams bridge.

Chairman Stallard advised that Kenney Robinson with VDOT would provide that information during the Roads and Highway presentation.

Donnie Seymour, Chief of Valley Fire and President of the Fireman's Association of Wise County, stated that his association is willing to work with Administrator Sealover and the County on this proposed ordinance.

There being no further comments, the public expression was closed.



Kenny Robinson, representing VDOT, reported that he looked at the pipe that had been installed by the County to replace the Williams Bridge that was destroyed by the flood.  The previous bridge had an 8 x 8 box culvert which is approximately 640 sq. ft of drainage opening.  The pipe installed by the County is a seven (7) ft. which will provide 485 sq. ft. of drainage opening.  This will give approximately 70/80% of capacity of water flow compared to the box culvert.  For VDOT to take the road into the system under the new rural addition policy, it would require that the drainage pipe carry the 10-year storm. A drainage calculations study will need to be taken on this bridge to ascertain its ability to carry a 10-year storm.  The box culvert (the bridge that was destroyed by the flood) was more than likely designed for a 100-year storm.  If this proves to be true, in his opinion the pipe will qualify for the 10-year storm.  However, the pipe will have to be lengthened to allow two-lane traffic across the bridge.

Mr. Robinson pointed out that this request, same as others, would have to work its way through the rural additions until such time funding is in place.  Approximately two bridges, in the price range of $35 to $40,000, are done per year.

There was some discussion on the criteria for having bridges repaired/reconstructed and the availability of funding.

Mr. Robinson stated that for bridges to be eligible for federal money each bridge must meet certain qualifications.  None of the bridges in Wise County qualify for federal funding.

Board members presented needs in their district for review by VDOT.

There was some discussion on road stripping in certain areas of the County.



Cara Branch and her husband informed the Board that when making their application to the Board for a dance hall license for the teenagers they were of the opinion that the teen programming would provide the financial means to keep the establishment open.  However, that has not happened.  Therefore, they applied for an ABC license.  If the ABC license is approved, the coolers would be locked down on the night/nights set aside for the teens, no alcoholic beverages would be sold.   Ms. Branch stated that she had spoken to ATF Agent Roy Nixon regarding this arrangement and was told that this would not be in violation of the ABC regulations.

After further discussion, Betty Cornett asked that Mr. Nixon provide a formal letter documenting the regulations for the Pit Stop Family Grill regarding this matter.



The following items were reviewed under the Consent Agenda:

  1. Set public hearing (February 6) (6:00 p.m.) for a conditional zoning for one-half acre of property located on 9101 Alfred Cox Road from an A-RR to a B-1 District for the purpose of continuing a retail business (Pg. 59)
  2. Set public hearing (February 6) (6:00 p.m.) on a proposed rezoning of 3.47 acres of property located along the Coeburn Mountain Road-Paramont Road intersection across from the UVA-Wise baseball field from R-1 to R-2.  There was some concern that the recommendation submitted by the Planning Commission was not sufficient and perhaps the full Planning Commission should address it again.  Due to the many unanswered questions,  Chairman Stallard asked that this be pulled from the consent agenda for discussion at the next meeting.
  3. Set public hearing (February 6) (6:00 p.m.) on Cable Television Franchise Agreements for Charter Communications and Scott County Telecom and Electronics.  Chairman Stallard asked that this item be pulled from the Consent Agenda for discussion at the next meeting.

Budget Amendment

  1. No. 15:  Increase General Fund revenues by $4,425 (Court Records Preservation Grant); increase Circuit Court Clerk's professional services-other line item by that amount.
  2. No. 16:  Increase General Fund revenues by $4,000 (DMV-Mini-Grant); add $2,200 to overtime and $1,800 to police supplies line items of Sheriff's law enforcement budget.
  3. No. 17:  Increase General Fund revenues by $2,597 by a transfer from the Jail Phone Commission Fund; increase appropriate Corrections and Detention budget line item.

Transfer from Reserve for Emergencies/contingency line item:  $6,100 to the IDA budget for water tank related expenses.  Chairman Stallard asked that this item be pulled from the Consent Agenda for discussion at the next meeting.

Appropriations:  Third Quarter

Authorize Board Chairman to execute Administrative Agreement with LENOWISCO regarding the Derby Renovation Project.



Since additional information has come before the Board from an adjacent property owner that the abandonment of this alleyway would land lock him from his property, the request for abandonment was removed from the agenda.


  1. Consider placement of Sons of Confederate Veterans memorial plaque in the courthouse 
    (requested by Walter E. Rivers)
  2. Appointments/recommendations (5) to the Board of Equalization
  3. Fiscal Status Report through December 
    (Available January 9)
  4. County Attorney's Report
  5. County Administrator's Report



There was some discussion on the problems that some Board members are having with their calling cards.

Administrator Sealover said he would have new cards for each member within the next few days.

Jeff Salyers voiced the Board's appreciation to Appalachia High School for its representation of Wise County Schools and also thanked UVA-Wise for allowing the Appalachia Bull Dogs to use its field.

Chairman Stallard asked that individual Proclamations be made for the J.J. Kelly Lady Indians Basketball Team, its coaches, and support staff.

There being no further business, the meeting adjourned at 7:45 p.m.




_____________________  ___________________________

Clerk                              Chairman

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