Wise County Board of Supervisors met in a Workshop Meeting
on Thursday, March 7, 2002, in the Board of Supervisors meeting
room located in the Wise County Courthouse.
The following were present:
Douglas Stallard - Chairman
Jeffrey Salyers - Vice-Chairman
Robby Robbins - members of said Board and
L. Sealover - County Administrator
C. Scott - Assistant County Administrator
Mullins - County Attorney
T. G. Branson, Pastor Coeburn Church of God, led the Board
ALLEGIANCE TO THE FLAG
OF THE AGENDA
Stallard asked that the following items be added to the
Delaney and Brian Schmidt- Presentation on Storm Water
representative from County to attend meetings to help
in developing an ordinance for storm water management
Agenda)(Item 9)Transfer from reserve for emergencies contingency
to the Commissioner of Revenue for P/T line item
OF EMPLOYEES FOR SERVICE TO THE COUNTY
of the following people were given a pin for 30 years of
service to the County:
Mullins - Commissioner of Revenue's Office
Hensley - Circuit Court Clerk's Office
Shupe - Circuit Court Judge's Office
Underwood - County Administrator's Office
of the following people were given a pin for 25 years of
service to the County:
Austin - Sheriff's Dept
Caldwell - Sheriff's Dept.
Kiser - Sheriff's Dept.
Lawson - Sheriff's Dept.
Kirk - Circuit Court Clerk's Office
Short - Circuit Court Clerk's Office
Burgett -Public Works Dept.
Sparks, Sr. - Public Works Dept.
Stallard congratulated each employee for his/her dedicated
service to Wise County.
RE: SOUTH FORK
Flanary of LENOWISCO introduced Lou Ann Johnson, a staff
member of LENOWISCO who is steering heading the South Fork
Water Project, to give the Board an update on the project.
Mr. Flanary made a few favorable remarks regarding
the Richmond trip noting that he felt the trip was a success
and beneficial for the County.
Johnson presented the Board with a map and a summary sheet
on the status of the water project with a brief review of
all funding sources.
She asked that the Board consider adopting a resolution
of support for funding from the DHCD for this project.
Mullins noted that the communities of Arrow Head and Hayes
Branch were not included on the map for water.
Flanary stated that these communities could be added if
there is interest from the community residents.
Salyers expressed his concern that perhaps the line size
was not sufficient for fire protection
Flanary stated that it is his understanding that this system
is designed for full fire protection.
Salyers asked the status of funding for the Bull Run Project.
Flanary noted that Bull Run was not included in the 97 study
due to lack of interest at that time.
However, the PER has been approved for Bull Run with
hope that the funding will be forthcoming.
Mullins presented an editorial from the Bristol paper regarding
AML funds in the amount of $1.3 billion. He asked that each Board member be given a copy of this editorial.
RE: STORM WATER
Delaney, representing the Black Diamond Resource Conservation
and Development Council, stated that their primary purpose
is to focus on improving water quality in the region and
promoting environmental education.
He explained their goals and achievements with much
improvement to the air and water quality.
Delaney introduced Brian Schmidt, Storm Water Management
Specialist, with the New River Highlands RC&D. Mr. Schmidt presented a power point presentation on Southwest
Virginia Storm Water Management Project, its funding sources,
laws and regulations.
He asked that the Board consider appointing one person
from each interested locality to participate in a planning
Schmidt stated that this is an opportunity for southwest
Virginia communities to update their knowledge of storm
water management and to develop tools that they may wish
to use in the future and to further realize an overall cost
HEARING-CABLE TELEVISION FRANCHISE RENEWAL FOR ADELPHIA
CABLE AND CHARTER COMMUNICATIONS
hearing was duly advertised for this date to receive citizens'
comments regarding the performance of Adelphia and Charter
Communications under the terms of the current cable television
regarding the franchise renewal was received from Circuit
Court Clerk Jack Kennedy since he was unable to attend the
public hearing due to a schedule conflict requiring him
to be in Richmond.
consumer of Adelphia products, Mr. Kennedy urged the Board
to require in its next cable franchise agreement the following:
rapid optional offering a two-way broadband cable modems
to enable Wise County consumers to have access to the
Internet through its "Power Link" service throughout Wise
County within the next l8-to-24 months; and
of the PEG channels for Mountain Empire Community College
and University of Virginia's College at Wise along with
a dedicated government PEG channel for Wise County to
share with local municipal governments for announcements
at no cost; and
of the National Aeronautics and Space Administration television
or NASA channel to the current line-up of programming.
NASA provides valuable technology programs that
would be of benefit to the education of the youth and
all of Wise County citizens; and
or a fiber backbone to link municipal and County government
offices in an "Intranet" for enhanced broadband telecommunication
services to move data and video such as a linkage between
the proposed Regional Jail and the Court and/or the Court
and the State Maximum Security Prisons at no cost; and
Adelphia to provide the county a digital map of is service
area enabling independent review of the cable in ratio
to houses and other county planning activities (a point
in the current agreement).
Salyers and Robby Robbins noted that they had received calls
regarding the recent increase in the Adelphia Cable rates.
Mr. Salyers said his complaint was not only the recent
increase but his constituent was also told by an Adelphia
employee that the rates would continue to increase until
it reached $40.00 per month with no increase in services
Stallard noted that the Board nor the towns have any control
over the cable rates.
However, competition among cable companies could
keep the rates lower.
Mullins voiced his concern regarding the senior citizens
and their inability to pay the rate increases.
He also asked that the Cable Committee attempt to
get the number of houses per mile reduced.
Stallard advised Mr. Mullins that the Cable Committee has
requested the number of homes per mile be reduced to 15.
Another request from citizens is a " Life Line Tier",
which is a basic channel service.
The senior citizens have also been a concern of the
Robbins asked if the "Self Help" program whereby residents
living in an area of less than 20 homes per mile were willing
to share with the extra costs for their cable, would Adelphia
be willing to work with them.
Allen, General Manager for Adelphia, said that Adelphia
did not consider Internet services as part of the Franchise
this has been negotiated and added to the draft agreement
The internet and digital services will be packaged
as well as other programming services that will save the
citizens money. Regarding the increase to $40.00, Mr. Allen
said the rates on cable is based on need as increases are
passed on to them and/or incurred by their company. He noted, too, that he will look at the "remote" areas on a
case by case basis for possible cable.
Mullins asked when modem services were going to be installed
by Charter and the cost of said services.
Walker, technical supervisor for Charter Cable, explained
that his manager was out of town and unable to attend the
modems and prices, Mr. Walker said he was not familiar with
that portion of the system.
Robbins asked Mr. Walker if Charter would be willing to
work with the residents with less than 20 homes with the
residents sharing in the extra cost.
Walker stated that there was no area in Charter's territory
at this time that would fall in that category.
Stallard said he would bring these questions before the
Cable Committee at its next meeting.
Edwards a small business owner in Wise and a professor at
MECC brought some of his net working students with him to
see the government process and to hear Mr. Allen's status
on cable modem access.
He expressed the need for high speed internet access
and the need for jobs in this area for students that will
soon be graduating with a degree in net working.
Morgan advised that he had circulated a petition with a
response of 103 signatures from citizens of Wise County
wanting DSL line.
He stressed the need to have this type of technology
in the area for those that are training in this field.
Murphy, a disabled Wise County citizen, voiced his concern
regarding the rate increases.
Being a single parent and living on disability made
it impossible to pay the higher cable rates.
Williams spoke briefly on the internet gaming center that
would be good for the youth.
being no further comments, the public hearing was closed.
HEARING-E-911 ROAD NAME ADDITION/CHANGES
hearing was duly advertised for this date to receive citizens
comments regarding the proposed E-911 road name additions/changes
Pines Lane - located off Powell Valley Road in the
West Norton Section of Wise County
Road - Located in the Crab Orchard Section of Coeburn
Road A portion of the existing Bull Run Road located
in the Banner section of Coeburn
Run Road - This section of four-lane located in Coeburn
is the unnamed new bypass of Rte. 58 in Coeburn
Adkins, representing the community of Banner, voiced the
community's support for naming the section of Bull Run Road
located in the Banner section of Coeburn to Banner Road. She said this help the police and rescue squads to find people
living in the Banner section.
A petition was presented requesting this change.
Stidham asked the status of the Day Town Road.
Mullins advised that she had attempted once again to talk
with Ms. Freeman and was unable to find her at home.
Branson reported that there is another property owner on
the right hand side of the road and a fence on the left
side of which one or the other would have to agreed to give
the necessary R-O-W needed for a road.
Stallard noted that this makes two more obstructions that
must be addressed before this road can be considered for
the secondary road system.
being no further comments, the public hearing was closed.
Branson advised that if the Board wishes to participate
in the Revenue Sharing Program a letter of intent for the
$500,000 matching funds is needed prior to March 30, 2002.
Branson gave an update regarding ongoing road projects throughout
members presented Mr. Branson with several items to be considered
by VDOT prior to the next meeting.
Stallard reviewed each item listed under the consent agenda.
RE: OTHER ITEMS
Appraisal Services (Presentation next week)
hearing-proposed CDBG application for South Fork Water
Administrator to Sign contract with Custom Communications
for services related to CATV Franchise Agreement renewal
on Financial Condition by County Administrator (March
establishing real/personal property tax rate for FY 2002-03
funding for the South Fork Water Project
status report through February (March 12)
Administrator's Report (March 12)
REVENUES FY 01-02 AND 02-03
Sealover gave a power point presentation regarding ongoing
revenues and expenditures for FY 01-02 and FY 02-03.
Mullins presented each Board member with a memo regarding
County owned roads.
Ms. Mullins stated that the law no longer allows
a county to own roads.
The Byrd Act of l932 revoked the right of a county
to maintain a road system and develop the secondary system
of state highways.
The secondary system is controlled, supervised and
maintained by the Department of Transportation.
The County contributes to the costs associated with
making additions to the secondary system and has authority
to recommend specific streets for inclusion in the system.
The County surrenders all control, including maintenance
upkeep and repair, to VDOT when streets or roads are taken
into the secondary system of highways.
this issue is complicated by the fact that a county may
have public or dedicated rights of way which are not taken
into the secondary system.
When a right of way is conveyed to the County, a
"fee simple" ownership is established and jurisdiction to
control the use of the "right-of-way" is placed with the
conveyance in and of itself does not create a responsibility
to maintain or improve the right of way.
when a right of way is conveyed to the county, the county
must affirmatively accept such conveyance or dedication
and designate or use such right of way as a public way. Should such designation or use not be made, the mere conveyance
to the county is not binding and imposes no duties or obligations
on the county. Should
such designation or use be made, the County may determine
to what extent it will maintain or improve the right of
RE: BOARD COMMENTS
comments were made by Board members.
Mullins commented briefly on an editorial written in the
Bristol paper regarding AML funding.
He asked each Board member to read the article and
consider endorsing the article with a resolution at the
being no further business, the meeting adjourned at 8:15
WISE COUNTY BOARD OF SUPERVISORS
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