Board of Supervisors - April 11, 2002 Regular Meeting

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The Wise County Board of Supervisors met in regular session on Thursday, April 11, 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-Chair

Honorable Douglas Mullins

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 Mullins - County Attorney

Annette Underwood- Executive Secretary

 

PRAYER

Jimmy Stidham, member Guest River Pentecostal Church, led the Board in prayer.

 

PLEDGE ALLEGIANCE TO THE FLAG

 

MINUTES

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

 

IN RE:  APPROVAL OF AGENDA

Chairman Stallard asked that the following agenda items be added or deleted from the agenda:

Delete from the Consent Agenda:

Item 2: set public hearing for proposed CIP.  Action is needed by the Planning Commission first.

Item 6:  Transfer $3,066 to Clerk of Circuit Court's professional services line item.

Under New Business Delete:

Resolution amending several sections of the Personnel Policies.  The draft of the resolution was not available prior to the regular meeting.  Reschedule for next month.

ADD

New Business

Discussion of Land Disturbance at Fairgrounds (Supervisor Stallard)

A motion was made by Jeff Salyers, seconded by Betty Cornett, to approve the agenda with the additions and deletions as presented.  The motion was unanimously approved.

 

IN RE:  MECC PRESENTATION

Dr. Terrance Suarez, President of Mountain Empire Community College, presented a facts sheet to each Board member addressing the college's activities.  He voiced appreciation to the Board for its past financial support and requested consideration for college funding in the upcoming FY 2002-2003 budget.

Dr. Suarez further noted that the $62,000 pledge from the County is now due.

 

IN RE:  NATIONAL COUNTY GOVERNMENT WEEK ACTIVITIES

Chairman Stallard recognized first responders for the services they provide to the citizens of Wise County.  He noted that recognizing these local government departments and volunteer organizations is a part of the National County Government Week.  Each police department, fire department, rescue squad in Wise County, and the Department of Emergency Services were presented a Certificate of Appreciation and a copy of the Proclamation proclaiming the week of April 7-13 as National County Government Week.

 

IN RE:  PUBLIC EXPRESSION

Ron Flanary, a resident of the Big Stone Gap area, voiced his concerns regarding litter throughout Wise County.  He recognized the good work that the Clean Team is doing but he also recognizes the overwhelming problem of litter that will take everyone doing their share to control this problem.  Mr. Flanary recommended stronger enforcement of the litter laws. He noted that litter is an eye sore and discourages job creation and tourism.   He further suggested that perhaps the landfill use fee could be increased to cover additional programs to help prevent litter and increase litter enforcement.

Elmer Phillips, a resident of Guest River, told the Board that they were discriminating against the citizens on Day Town Road by not fixing their road.  In his opinion, the obstruction on the R-O-W should be removed and the road taken into the highway system.

Carl Sims, Jr., a resident of the Day Town Road, asked the status of the road project and whether or not the Board will continue the process of trying to remove obstructions on the proposed R-O-W.

Chairman Stallard advised that Ms. Freeman does not wish to leave her place of residence.

Attorney Mullins stated that Ms. Freeman is concerned about the deeds that have been presented to the Board.  Ms. Freeman will be providing additional papers and deeds to the Board for review since there seems to be some discrepancies in the deeds and other documents.  She does not wish to move from her home and will not voluntarily move.  Ms. Mullins further noted that there are other obstructions on this 40 ft R-O-W that would have to be addressed prior to any road being built.     

Joe Bolling, a resident of Wise, supported Mr. Flanary's comments regarding litter in the County.  However, he did not agree with the $30.00 per ton fee for construction/demolition waste that is being proposed by the Board.  His main concern was that contractors would start dumping their waste by the way side instead of going to the landfill.

 Mr. Bolling presented pictures of a drain on Addington Road in the Rocky Fork area that has been put in by the County which has caused a problem on his property.  He asked that this be corrected if possible.

Randy Partin, a resident of the Guest River area, voiced his concern over the litter problem in Wise County.  He suggested other means of controlling litter with the possibility of increasing the household rate to $50.00 to cover added expenses for additional enforcement. 

 

IN RE:  ROADS AND HIGHWAYS

Ken Robinson, representing VDOT, informed the Board that T.G. Branson was attending a meeting in Richmond and would not be present at this meeting.

He gave an update on the Annual Road Hearing that was held in Abingdon noting that there was still time to get comments and requests in for Wise County since no one was present at the meeting.

 

IN RE:  REVENUE SHARING PROGRAM/ADDITIONAL FUNDING

A motion was made by Jeff Salyers, seconded by Betty Cornett, to authorize the County's participation in additional revenue sharing funds for FY 2002/03.  The motion was unanimously approved.

 

IN RE:  RESOLUTION APPROVING ANNUAL PLAN FOR ROADS AND BRIDGES JULY 1-2002 THRU JUNE 30, 2003

A motion was made by Jeff Salyers, seconded by Betty Cornett, to adopt the resolution approving the Wise County Coal and Gas Road Improvement Advisory Committee's resolution for  the Annual Plan for Roads and Bridges for the Period of July 1, 2002 thru June 30, 2003.  The motion was unanimously approved.

RESOLUTION #        2002

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

 

IN RE:  CONSENT AGENDA

Chairman Stallard read the consent agenda items as follows:

(1)      Fourth Quarter appropriations

(2)      Budget Amendments

  • No: 23:  Transfer $12,000 from the Law Library Fund to the General Fund and Law Library Line Item
  • No 24:  Add $856 grant from MEOC to General Fund revenues and increase reserve for emergencies/contingency line item
  • No. 25:  Add $7500 (NASA Grant) to General Fund revenues and increase Clerk of the Circuit Court's P/T ($6900) and FICA ($600) line item

(3)      Transfers from reserve for emergencies/contingency line item

(a)   $530 to General District Court maintenance service contract line item

(b)   $3100 to various line items in landfill billing (Enterprise Fund)

A motion was made by Bob Adkins, seconded by Doug Mullins, to approve the Consent Agenda as listed above.  The motion was unanimously approved.

 

IN RE:  REZONING PROPERTY AT LP AIRPORT

A public hearing was duly held on April 4, 2002, to receive citizens' comments regarding the rezoning of 194.33 acres located between LP Airport and property owned by the Town of Wise from a M-1 to a PD-BT District.  There was no one to speak for or against the proposed rezoning. 

A motion was made by Jeff Salyers, seconded by Bob Adkins, to approve the rezoning request from the IDA as presented.  The motion was unanimously approved.

 

IN RE:  SPECIAL USE PERMIT FOR COUNTY PROPERTY / STEPHENS COMMUNITY

A public hearing was held on April 4, 2002, to receive citizens' comments regarding a request from the County for a Special Use Permit for 2.54 acres of land located on Stephens Road in the Glamorgan section of Wise County to be used for a community center and polling place.

There was no one to speak for or against the proposed Special Use Permit.

A motion was made by Edgar Mullins, seconded by Doug Mullins, to approve the Special Use Permit for the 2.54 acres of land located on Stephens Road as requested.  The motion was unanimously approved.

 

IN RE: ORDINANCE #3-1933 ASSESSMENT OF FEE FOR DISPOSAL OF CONSTRUCTION/DEMOLITION WASTE AMENDMENT

A public hearing was held on April 4, 2002, to receive citizens comments regarding a proposed amendment to Ordinance #3-1933 Assessment of Fee for Disposal of Construction/Demolition Waste.

A concerned citizen addressed the possibility of illegal dumping if contractors are charged a fee for dumping the C&D waste at the landfill. 

Betty Cornett made a motion to approve the proposed amendment if the last two paragraphs of the amendment regarding homeowners were changed to read, "that there shall be an exemption from this per ton fee for one standard size pick up load of waste material for any homeowner who hauls to the convenience center or to the landfill".

Regarding the paragraph on the $30.00 per ton for fiscal year ending June 30.  She asked that the language "for fiscal year ending June 30" be deleted.  By doing this, there would be no need to vote each year.

Edgar Mullins seconded the motion.

There was a lengthy discussion on items that can be taken to the landfill and the convenience centers.

Since there was some confusion on exactly what Construction/Demolition Waste is and whether or not such waste can be deposited at the convenience centers, Ms. Cornett withdrew her motion and Edgar Mullins withdrew his second

Chairman Stallard stated that this amendment would be continued until next month's meeting to allow time to get further clarification of the county ordinance and perhaps ask Mr. Darter to come to the next meeting to answer any questions the Board may have.

 

IN RE:  RESOLUTION RATIFYING THE DECLARATION OF A STATE OF LOCAL EMERGENCY

A motion was made by Jeff Salyers, seconded by Doug Mullins, to adopt the resolution ratifying the declaration of a state of local emergency.  The motion was unanimously approved.

RESOLUTION #                2002

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

 

IN RE:  RESOLUTION WAIVING CERTAIN BUILDING PERMIT FEES FOR FLOOR DAMAGE

A motion was made by Jeff Salyers, seconded by Robby Robbins, to adopt the resolution waiving certain building permit fees for structures suffering from flood damage.  The motion was unanimously approved.

RESOLUTION #            2002

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

 

IN RE:  RESOLUTION EXTENDING TERM OF CABLE FRANCHISE

A motion was made by Virginia Meador, seconded by Doug Stallard, to adopt the resolution extending the term of the cable Television Franchise Agreement with Adelphia and Charter.  The motion was unanimously approved.

RESOLUTION #       2002

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

 

IN RE:  RESOLUTION /FAIR HOUSING IN COUNTY

A motion was made by Doug Mullins, seconded by Jeff Salyers, to adopt the resolution indicating action to be taken to further fair housing in Wise County.  The motion was unanimously approved.

RESOLUTION #        2002

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

 

IN RE:  RESOLUTION/APPLICATION FOR FOOD BANK PROJECT

A motion was made by Jeff Salyers, seconded by Bob Adkins, to adopt the resolution authorizing the County Administrator to make application on behalf of A.R.C.H.S. for a CDBG grant for food bank project.  The motion was unanimously approved.

RESOLUTION #    2002

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

 

IN RE:  PROCLAMATION/ NATIONAL COUNTY GOVERNMENT WEEK

A motion was made by Virginia Meador, seconded by Betty Cornett, to adopt the proclamation proclaiming April 7-13 as National County Government Week.  The motion was unanimously approved.

 

IN RE:  PROCLAMANTION / HONORING FIRST RESPONDERS

A motion was made by Robby Robbins, seconded by Jeff Salyers, to adopt the Proclamation Honoring First Responders in Wise County.  The motion was unanimously approved.

 

IN RE:  APPOINTMENT/SARA TITLE III/LEPC

A motion was made by Doug Mullins, seconded by Jeff Salyers, to appoint the following people to SARA Title III/LEPC:

Robert England

Steve Blankenbeckler

Tommy Jackson

Bob Adkins

The motion was unanimously approved.

 

IN RE:  APPOINTMENT SOUTHWEST VIRGINIA STORMWATER MANAGEMENT COMMITTEE

A motion was made by Jeff Salyers, seconded by Betty Cornett, to appoint Robby Robbins to the Southwest Virginia Stormwater Management Committee.  The motion was unanimously approved.

IN RE:  FISCAL STATUS REPORT THROUGH MARCH

Administrator Sealover informed the Board that the Governor has proposed an amendment to SB 592 that will impose a $5 per ton tipping fee on all trash in all landfills in the state.  The cost to Wise County will be $300,000 and will go into effect on January 1st.

After discussing this proposed amendment, a motion was made by Jeff Salyers, seconded by Virginia Meador, to adopt a resolution opposing the proposed amendment to SB 592.  The motion was unanimously approved.

RESOLUTION #         2002

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

 

IN RE:  ATTORNEY'S REPORT

Attorney Mullins addressed the Board concerning the County Code sections that addressed the police, fire and rescue and their relationship with the County.  This Code section has been repealed by the State Code and is no longer in existence.  Ms. Mullins noted that she is currently working on a memo for the Board to review regarding the County's obligations and etc with the First Responders that needs to be defined by resolution, policy or ordinance.

 

IN RE:  BOARD COMMENTS

IN RE:  LAND DISTURBANCE AT FAIR GROUNDS

Chairman Stallard informed the Board that there has been an area in excess of 10,000 sq. feet disturbed on County property near the fairgrounds.  Without proper permits, the County could be sited for disturbing this land.  It is his understanding that the parking area for the fair grounds is being enlarged by moving this dirt.  However, there has been no permits issued.  Therefore, he asked for Board action prohibiting any activity on County property until a proper plan is submitted and proper agencies are contacted as per County code.

Doug Stallard made a motion that no further disturbance of land will be permitted on County property without proper authorization of the Board and without submittal of a plan as to how the work will be done according to County Code.  Jeff Salyers seconded the motion.

Doug Mullins and Edgar Mullins stated that they would need more information on this matter before they could vote.

The votes on the motion are as follows:

 Aye-    Virginia Meador         Nay-Doug Mullins            Abstain-Bob Adkins                                                                                           (need further

             Betty Cornett                     Edgar Mullins           Information)

             Doug Stallard

             Robby Robbins

             Jeff Salyers

 

IN RE:  CLOSED SESSION

A motion was made by Jeff Salyers, seconded by Virginia Meador, to go into closed session to discuss personnel as permitted by section 2.2-3711A.1 of the Code of Virginia.  The motion was unanimously approved.

Administrator Sealover, Shannon Scott, Karen Mullins, and Annette Underwood left the meeting at this time.

After a lengthy closed session, a motion was made by Edgar Mullins, seconded by Jeff Salyers, to reconvene the regular meeting.  The motion was unanimously approved.

 

IN RE:  RESOLUTION / CLOSED SESSION

A motion was made by Betty Cornett, seconded by Jeff Salyers, to approve the resolution verifying matters discussed while in closed session.  The motion was unanimously approved.

RESOLUTION #        2002

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

 

ADJOURN

A motion was made by Doug Mullins, seconded by Edgar Mullins, to adjourn the meeting.  The motion was unanimously approved.

 

ATTEST:                                 WISE COUNTY BOARD OF SUPERVISORS

 

____________________________    _______________________

Clerk                                                                Chairman

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