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
ABSENT
Honorable Robby Robbins
IN RE: AUDIT
REPORT
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.
IN RE: PUBLIC
HEARING/ PROPOSED E-911 ROAD NAME ADDITIONS
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.
IN RE: PUBLIC
HEARING/PROPOSED EMEGENCY SERVICES ORDINANCE
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.
IN RE: PUBLIC
EXPRESSION
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.
IN RE: ROADS
AND HIGHWAYS
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.
IN
RE: PIT STOP
FAMILY GRILL
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.
IN RE: CONSENT AGENDA
The following items were reviewed
under the Consent Agenda:
