Board of Supervisors - May 10, 2001 Regular Meeting

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The Wise County Board of Supervisors met in a regular meeting on Thursday, May 10, 2001, 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 Betty Cornett - Vice-Chair

Honorable Douglas Mullins

Honorable Edgar Mullins

Honorable Virginia Meador

Honorable Robert Adkins

Honorable Jeffrey Mullins

Honorable Donnie Dowell-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

Rev. T. G. Branson, Pastor, Coeburn Church of God, led the Board in prayer.

 

PLEDGE ALLEGIANCE TO THE FLAG

 

MINUTES

A motion was made by Doug Mullins, seconded by Betty Cornett, to approve the minutes as presented.  The motion was unanimously approved.

 

APPROVAL OF AGENDA

A motion was made by Donnie Dowell, seconded by Jeff Salyers, to approve the agenda as presented.  The motion was unanimously approved.

 

IN RE:  PUBLIC EXPRESSION

Sam Church, a resident of the Appalachia area, voiced his support for the redistricting plan that he submitted last week during the public hearing that divided District one into A & B with the inclusion of District one A, Appalachia, Exeter and Dorchester.  This would only change the voting place of those in Exeter.

Taffita Falin, a member of the Phi Beta Lambda of MECC, came before the Board requesting a donation to be used toward expenses for students to attend and compete in the National Leadership Conference located in Orlando, FL.  The members of PBL are business students who will compete against other colleges from Virginia at state competition and from all over the United States at Nationals.  The total cost of the trip is $2,978.90.  She noted that any donation would be appreciated.

Chairman Stallard advised that her request would be considered during the budget process.

Hugh Kiser, a resident of District 1, spoke briefly on the proposed annexation of the Wise/Norton Road by the Town of Wise which would place that portion of District 1 into District 2.  He presented a petition of approximately 39 signatures of residents in that area opposing such annexation by the Town of Wise.

There being no on else to speak, the public expression period was closed.

 

IN RE:  REDISTRICTING ORDINANCE AMENDMENT

A public hearing was held on May 3, 2001 to receive citizens' comments regarding the proposed redistricting ordinance for Wise County.  There were several citizens to speak in opposition to the "leave it as it is" plan.  Other proposals were presented for Board consideration.

Virginia Meador made a motion to leave the districts as they are now with the exception of Exeter and Emboden which will go back into District 1.  Betty Cornett seconded the motion.  The motion was unanimously approved.

(Amended ordinance on file in the County Administrator's Office)

 

IN RE:  ROADS AND HIGHWAYS

Highway Resident Engineer T. G. Branson presented the Board with a resolution on the annual road plan for roads and bridges as approved by the Coal & Gas Road Committee.  Mr. Branson stated that the Board could take action at this meeting or place it on the agenda for next month.

Chairman Stallard advised that since this item was not on the Workshop agenda, it will be placed on the June agenda.

 

IN RE:  GRAVEL PAYMENTS

A motion was made by Jeff Salyers, seconded by Bob Adkins, to approve the gravel payments for gravel placed on roads throughout Wise County to be paid from the Coal & Gas Road Fund.  The motion was unanimously approved.

 

IN RE:  MECC PAYMENT

A motion was made by Donnie Dowell, seconded by Virginia Meador, to approve the payment to MECC in the amount of $1,609.30 for engineering services related to the design of the Godwin Hall Central receiving access road to be paid from the Coal & Gas Road Fund.  The motion was unanimously approved.

 

IN RE:  COAL & GAS ROAD MEETING PAYMENTS

A motion was made by Donnie Dowell, seconded by Jeff Salyers, to approve the Coal & Gas Road meeting payments in the amount of $75.00 to be paid from the Coal & Gas Road Fund. 

Aye-  Doug Mullins      Nay-None     Abstain-Doug Stallard

          Virginia Meador

           Betty Cornett

           Edgar Mullins

           Donnie Dowell

           Jeffrey Salyers

           Robert Adkins

 

IN RE:  RESOLUTION/CHILDREN AT PLAY SIGNS

A motion was made by Jeff Salyers, seconded by Donnie Dowell, to adopt the resolution approving the "Children at Play" signs for the Dry Fork area.  The motion was unanimously approved.

RESOLUTION #           2001

(Said resolution is on file in the County Administrator's Office)

 

IN RE:  VDOT REMARKS

Mr. Branson made a few remarks regarding ongoing construction throughout the county.

 

IN RE:  SPECIAL USE PERMIT AMENDMENT

A motion was made by Jeff Salyers, seconded by Bob Adkins, to approve the amendment to the Special Use Permit for Norris Investments, Inc. with the special conditions as recommended by the Planning Commission and as presented by Attorney Bill Bradshaw in his letter to the Board dated April 30, 2001. The motion was unanimously approved.

(Said conditions are on file in the County Administrator's Office)

 

IN RE:  STEPHEN'S PROPOSED COMMUNITY CENTER

Don Mullins, Director of Career and Technical Education at the Wise County School System, addressed the Board regarding a request to build a building to be located on the County property in Stephens.  The School System is constantly looking for "live" projects for its students which enables them to learn on-the-job training and job skills for their future.  A building would be built on site and moved to the proposed location.  The project will take approximately one year and the cost to the County would be for the materials only.  Don Mullins stated that after he receives a proposed plan for the building, he will submit a proposal to the Board for said plan.

After further discussion, Edgar Mullins made a motion to approve the construction of the Stephen's Community Center by the Career and Technical Center and when constructed to be used as a polling place too.  Donnie Dowell seconded the motion.  The motion was unanimously approved.

 

IN RE:  HEALTH DEPARTMENT PARKING LOT PAVING

Chairman Stallard advised that new estimates have been given on paving the parking lot at the Health Department with a much lower price.  The Health Department has agreed to pay 60% of this cost with the remainder to be taken from District 2 gravel fund.  No action is needed from the Board.

 

IN RE:  ZONING ORDINANCE AMENDMENT

A public hearing was held on May 3, 2001, to receive citizens comments regarding a proposed amendment to the Wise County Zoning ordinance regarding billboard signs.  There was no opposition to the proposed amendment.

A motion was made by Edgar Mullins, seconded by Bob Adkins, to approve the amendment to the Zoning Ordinance regarding the billboard sign as approved and recommended by the Wise County Planning Commission.  The motion was unanimously approved.

(Amendment on file in the County Administrator's Office)

 

IN RE:  ORDINANCE PROVIDING FOR A PARTIAL YEAR ASSESSMENT

A motion was made by Donnie Dowell, seconded by Virginia Meador, to hold a public hearing on June 7, 2001 at 6:00 P.M. to receive citizens' comments regarding a proposed ordinance on providing for a partial year assessment in Wise County.  The motion was unanimously approved.

 

IN RE:  ORDINANCE ABATING LEVIES ON BLDGS RAZED OR DESTROYED

A motion was made by Donnie Dowell, seconded by Jeff Salyers, to hold a public hearing on June 7, 2001 at 6:00 p.m. to receive citizens comments regarding a proposed ordinance on abatement of real property tax for buildings razed, destroyed or damaged.  The motion was unanimously approved.

 

IN RE:  LANDFILL USE FEE REFUNDS

A motion was made by Jeff Salyers, seconded by Donnie Dowell, to approve the landfill use fee refunds as presented.  The motion was unanimously approved.

 

IN RE:  RESOLUTION/MULTI-JURISDICTIONAL COMMUNITY CRIMINAL JUSTICE BOARD

Chairman Stallard advised that the resolution on the multi-jurisdictional Community Criminal Justice Board is an updated version of the l995 Resolution reflecting changes in State law that affect the Board.

A motion was made by Donnie Dowell, seconded by Virginia Meador, to approve the resolution on the Multi-jurisdictional Community Criminal Justice Board as presented.  The motion was unanimously approved.

RESOLUTION #          2001

(Said resolution is on file in the County Administrator's Office)

 

IN RE:  RESOLUTION/AUTHORIZING COUNTY ADMINISTRATOR'S SIGNATURE

A motion was made by Jeff Salyers, seconded by Betty Cornett, to approve the resolution authorizing the new County Administrator to sign checks for the bank.  The motion was unanimously approved.

RESOLUTION #           2001

(Said resolution is on file in the County Administrator's Office)

 

IN RE:  APPOINTMENT /DEBT SET-OFF PANEL

A motion was made by Virginia Meador, seconded by Betty Cornett, to reappoint Ed Roop to the Debt Set-Off Panel.  The motion was unanimously approved.

A motion was made by Bob Adkins, seconded by Jeff Salyers, to reappoint Dixie McNeese, to the Debt Set-Off Panel.  The motion was unanimously approved.

 

IN RE:  APPOINTMENT/HIGHWAY SAFETY COMMISSION

A motion was made by Bob Adkins, seconded by Jeff Salyers, to appoint Sheriff Oakes to fill the un-expired term of James Adkins on the Highway Safety Commission.  The motion was unanimously approved.

 

IN RE:  APPOINTMENT/LONESOME PINE OFFICE ON YOUTH

A motion was made by Betty Cornett, seconded by Virginia Meador, to reappoint Cecilia Robinette to the Lonesome Pine Office on Youth.  The motion was unanimously approved.

 

IN RE:  APPOINTMENT/SOUTHWEST VIRGINIA EMERGENCY MEDICAL SERVICES COUNCIL

A motion was made by Betty Cornett, seconded by Virginia Meador, to appoint Tom Williams to the Southwest Virginia Emergency Medical Services Council.  The motion was unanimously approved.

 

IN RE:  APPOINTMENT/BOARD OF ZONING APPEALS

Chairman Stallard advised that this position on the Board of Zoning Appeals is  a recommendation from the Board of Supervisors to the Judge for  appointment.

A motion was made by Edgar Mullins, seconded by Bob Adkins, to recommend that Bob Pippin be reappointed to the Board of Zoning Appeals.  The motion was unanimously approved.

 

IN RE:  APPOINTMENT/REDEVELOPMENT & HOUSING AUTHORITY

A motion was made by Bob Adkins, seconded by Donnie Dowell, to reappoint Bill Wampler to the Wise County Redevelopment & Housing Authority.  The motion was unanimously approved.

 

IN RE:  APPOINTMENT/COMMUNITY CRIMINAL JUSTICE BOARD

A motion was made by Donnie Dowell, seconded by Virginia Meador, to reappoint Shannon Scott to the Community Criminal Justice Board.  The motion was unanimously approved.

 

IN RE:  APPROPRIATION/INMATE JAIL PHONE COMMISSION

A motion was made by Donnie Dowell, seconded by Jeff Salyers, to appropriate funds in the amount of $27,624.15 from the inmate phone commission fund as requested.  The motion was unanimously approved.

 

IN RE:  RESOLUTION/MORAL OBLIGATION/BEAN GAP WATER PROJECT

A motion was made by Jeff Salyers, seconded by Doug Mullins, to approve the resolution on the County's moral obligation for the Bean Gap Water Project.  The motion was unanimously approved.

Aye-    Doug Mullins      Nay-None      Abstain-Donnie Dowell

            Edgar Mullins

            Virginia Meador

            Betty Cornett

            Doug Stallard

            Bob Adkins

            Jeff Salyers

RESOLUTION #        2001

(Said resolution is on file in the County Administrator's Office)

 

IN RE:  TRANSIENT OCCUPANCY TAX ORDINANCE

A motion was made by Jeff Salyers, seconded by Doug Mullins, to hold a public hearing on June 7, 2001, at 6:00 p.m. to receive citizens' comments regarding a proposed Transient Occupancy Tax Ordinance.  The motion was unanimously approved.

 

IN RE:  CELLULAR PHONE TAX

 A motion was made by Donnie Dowell, seconded by Bob Adkins, to hold a public hearing on June 7, 2001, at 6:00 p.m. to receive citizens' comments regarding a proposed cellular phone tax for Wise County.

Jeff Salyers spoke out against placing another tax on the County citizens.  He said as he sees it, the County is in good financial condition and does not need further revenue.

Administrator Sealover gave a brief report on revenue that other counties have collected from its cellular phone tax and the estimated revenue that could be collected by Wise County if they were to implement said tax.

There was some discussion on whether or not the County could collect from the towns if they have already adopted the cellular phone tax.

Attorney Mullins advised that the law has changed which states "that the towns intending to adopt such ordinance would have to do so before January of 2000".  To date, no towns have done that.  However, as of today, it has been noted that the Town of Big Stone Gap has set a public hearing for Monday on a proposed cellular phone tax for Big Stone Gap.  The question now is whether or not the towns have the authority to adopt such ordinance if the dead line was missed.

Attorney Mullins noted, too, that Wise County is one of the few counties that do not have this tax already.

The vote on the motion is as follows:

Aye-  Virginia Meador      Nay- Betty Cornett

           Doug Mullins                 Edgar Mullins

           Donnie Dowell               Jeff Salyers

           Bob Adkins                   Doug Stallard

The motion failed.

 

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 PAYMENTS

A motion was made by Jeff Salyers, seconded by Donnie Dowell, to approve the Blackwood Landfill Enterprise payments as presented.  The motion was unanimously approved.

 

IN RE:  ENTERPRISE FUND PAYMENTS

A motion was made by Jeff Salyers, seconded by Donnie Dowell, to approve the Enterprise Fund payments as presented.  The motion was unanimously approved.

 

IN RE:  COUNTY ADMINISTRATOR'S REPORT

Administrator Sealover reported to the Board on items from the Workshop meeting regarding mosquito control, the dangerous railroad crossing as presented by Ms. Page, and the utility easement that was requested by Joe Mullins.

He brought to the Board's attention the ordinance that was adopted by the Board in December l998 imposing a service charge on certain property that is exempt from property taxation.  He explained the mechanics of this ordinance and the estimated revenue that would be forthcoming upon implementing said ordinance.

 

IN RE:  COUNTY ATTORNEY'S REPORT

Attorney Mullins reported that she had spoken to Joe Mullins regarding his request for a utility easement across the Dorchester Community Center property.  She asked that a public hearing be set for said easement.  The request is for a 2" water line to his property which is located behind the Dorchester Community Center.

 

IN RE:  PUBLIC HEARING/ UTILITY EASEMENT /DORCHESTER COMMUNITY CENTER PROPERTY

A motion was made by Jeff Salyers, seconded by Donnie Dowell, to hold a public hearing on June 7, 2001, at 6:00 p.m. to receive citizens' input regarding a proposed utility easement across the Dorchester Community Center property.  The motion was unanimously approved.

 

IN RE:  BOARD COMMENTS

There were brief comments from the Board.

 

ADJOURN

There being no further business, a motion was made by Donnie Dowell, seconded by Jeff Salyers, to adjourn the meeting.  The motion was unanimously approved.

ATTEST:                 WISE COUNTY BOARD OF SUPERVISORS

 

____________________    _____________________

Clerk                              Chairman

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