Board of Supervisors - July 11, 2002 Regular Meeting

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The Wise County Board of Supervisors met in regular session on Thursday, July 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-Chairman

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 T. Mullins - County Attorney

Annette Underwood - Executive Secretary

 

PRAYER

Ken Robinson led the Board in prayer.

 

PLEDGE ALLEGIANCE TO THE FLAG

 

MINUTES

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

 

IN RE:  APPROVAL OF AGENDA

The following items were added to the agenda:

  1. A resolution requesting VDOT to do a traffic study
  2. Three (3) Special Fund appropriations for the Sheriff's Dept.

A motion was made by Bob Adkins, seconded by Betty Cornett, to approve the agenda with the additions as listed above.  The motion was unanimously approved.

 

IN RE:  PUBLIC EXPRESSION

Yvonne Powers, a resident of the Coeburn area near the old Coeburn sewage treatment plant, addressed the Board regarding sewage sludge that is being dumped by CNW on property that is owned by the Town of Coeburn.  The sludge is being dumped by truckloads on top of the ground and covered by plastic.  The health department has been notified but would not stop the dumping.   She asked the Board to investigate the problem and get it resolved as soon as possible.  The residents are extremely concerned about their health and the odor is unbearable at times.

Administrator Sealover stated that he had been advised of this and was told that CNW started the dumping after the rates for placing the sewage in the landfill were increased.  It is understood that DEQ has also been made aware of this problem.

Attorney Mullins stated that the County has no ordinance against disposing of human waste.  The Code allows for the Board to adopt an ordinance to regulate such sludge.  She noted that the State requires certain permits for this type of dumping.  However, she will get in touch with DEQ to ascertain further information.

Chairman Stallard asked the County Administrator and the County Attorney to look into this problem for a possible solution.  He also asked the County Administrator to speak with DEQ regarding this matter.

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

 

IN RE:  ROADS AND HIGHWAYS

Ken Robinson presented the Board with answers to their questions from last week.

 

IN RE:  RESOLUTION/NAMING OF BRIDGE IN BANNER

A motion was made by Jeff Salyers, seconded by Robby Robbins, to adopt the resolution of support for naming the bridge in Banner the Charles Barrownman, Sr. Bridge. The motion was unanimously approved. 

RESOLUTION #        2002

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

 

IN RE:  RESOLUTION-TRAFFIC STUDY

A motion was made by Edgar Mullins, seconded by Doug Mullins, to adopt the resolution requesting a traffic study of the Dorchester/Powell River area from Route 621 to Route 623.  The motion was unanimously approved.

RESOLUTION #          2002

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

 

IN RE:  FIRST QUARTER APPROPRIATIONS

A motion was made by Bob Adkins, seconded by Doug Mullins, to approve the first quarter appropriations as presented.  The motion was unanimously approved.

 

IN RE:  TELECONFERENCING FOR MAGISTRATE'S OFFICE

A motion was made by Virginia Meador, seconded by Bob Adkins, to approve the Teleconferencing for the Magistrate's Office.  The motion was unanimously approved.

 

IN RE:  DEVELOP  PROGRAM/CLERK OF CIRCUIT COURT

A motion was made by Doug Mullins, seconded by Jeff Salyers, to approve the DEVELOP Program for the Clerk of the Circuit Court's Office that is entirely grant funded.  The motion was unanimously approved.

 

IN RE:  REZONING/ RATCLIFFE ROAD

A public hearing was held on July 1, 2002 to receive citizens' input regarding a request from Gregory Wade to rezone 4.2 acres of property located on Ratcliffe Road from A-RR to a M-1 District for the purpose of selling the property for the construction of a welding shop.

Chairman Stallard noted that the Planning Commission recommended that this request be denied based upon "spot zoning."  There was no public comments regarding this proposed rezoning.

A motion was made by Bob Adkins, seconded by Virginia Meador, to deny this request as recommended by the Planning Commission.  The motion was unanimously approved.

 

IN RE:  E-911 ROAD NAME ADDITIONS

A public hearing was held on July 1, 2002 to receive citizens' comments regarding the new E-911 road name additions.  There was no opposition to the proposed road names.

A motion was made by Jeff Salyers, seconded by Betty Cornett, to approve the E-911 road name additions as presented.  The motion was unanimously approved.

 

IN RE:  ORDINANCE #4-1986 / AMENDMENT/INCREASE IN E-911 FEE

A public hearing was held on July 1, 2002 to receive citizens' input regarding a proposed amendment to County ordinance #4-1986 An Ordinance Levying A Tax On The Purchase of Local Telephone Service To Pay For Upgrade, Maintenance, And Operation Costs Of An Enhanced 911 Emergency Telephone System.  This amendment provides for a twenty-five cents ($.25) increase in the tax to the total amount of one dollar and twenty-five cents ($1.25) per month.  There was no public opposition to this proposed amendment.

A motion was made by Bob Adkins, seconded by Robby Robbins to approve the amendment to Ordinance #4-1986 to increase the E-911 monthly charge from $1.00 to $1.25. 

Aye-  Douglas Mullins            Nay-  Edgar Mullins

           Virginia Meador                    Betty Cornett

           Bob Adkins

           Robby Robbins

           Jeffrey Salyers

           Douglas Stallard

 

IN RE:  ORDINANCE-TAX OF MOBILE LOCAL TELECOMMUNICATION SERVICES AND PROCEDURES FOR COLLECTION OF THE TAX

A public hearing was held on July 1, 2002 to receive citizens' input regarding a proposed ordinance on Tax of Mobile Local Telecommunication Services and Procedures for Collection of the Tax for Wise County.  There was no public opposition to this proposed ordinance.

A motion was made by Robby Robbins, seconded by Bob Adkins, to adopt the Ordinance on Tax of Mobile Local Telecommunication Services and Procedures for Collection of the Tax. 

Aye-    Douglas Mullins            Nay-  Edgar Mullins

            Virginia Meador                     Betty Cornett

            Douglas Stallard                    Jeff Salyers

            Robby Robbins

            Bob Adkins

ORDINANCE #         2002

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

 

IN RE:  RESOLUTION - POLLING PLACE CHANGE/GUEST RIVER

A motion was made by Edgar Mullins, seconded by Doug Mullins, to adopt the resolution changing the polling site for the Guest River voting place to the Stephens Community Center.  The motion was unanimously approved.

RESOLUTION #     2002

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

 

IN RE:  UVA-WISE REQUEST FOR FUNDING FOR ATHLETIC SCHOLARSHIPS

A motion was made by Robby Robbins, seconded by Bob Adkins, to table this request.  The motion was unanimously approved.

 

IN RE:  CABLE SERVICES REGULATORY ORDINANCE

A motion was made by Virginia Meador, seconded by Bob Adkins, to adopt the Cable Services Regulatory Ordinance.  The motion was unanimously approved.

ORDINANCE #        2002

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

 

IN RE:  RESOLUTION IMPLEMENTING HB 106 POSTING "IN GOD WE TRUST"

A motion was made by Doug Mullins, seconded by Robby Robbins, to adopt the resolution supporting HB 106 that upholds the placing of the phrase "In God We Trust" in local government buildings.  The motion was unanimously approved.

RESOLUTION #      2002

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

 

IN RE:  AGREEMENT WITH TOWN OF APPALACHIA FOR DERBY CDBG PROJECT

There was a general discussion regarding the permanent owner and operator of the proposed sewer after the project has been completed.  It was agreed that the Town of Appalachia would be the owner and operator.

A motion was made by Doug Mullins, seconded by Edgar Mullins, to approve the Interlocal Agreement with the Town of Appalachia for the Derby CDBG Project with no liability for the engineering fees for Wise County being limited to the funds provided by DHCD.  The motion was unanimously approved.

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

 

IN RE:  IMBODEN SEWER PROJECT

A motion was made by Edgar Mullins, seconded by Doug Mullins, to award the Imboden Sewage Project Contract to Maxim Engineering to design and construct the system as set forth in the RFP.  The motion was unanimously approved.

 

IN RE:  APPOINTMENT/BOARD OF ZONING APPEALS

A motion was made by Bob Adkins, seconded by Jeff Salyers, to appoint Otho Craft to the Board of Zoning Appeals for a term of five (5) years.  The motion was unanimously approved.

 

IN RE:  APPOINTMENT/LENOWISCO BOARD OF DIRECTORS

A motion was made by Edgar Mullins, seconded by Doug Mullins, to appoint Robert Anderson to the LENOWISCO Board of Directors  for a term of three (3) years.  The motion was unanimously approved.

 

IN RE:  MOUNTAIN EMPIRE COMMUNITY COLLEGE BOARD

A motion was made by Doug Stallard, seconded by Jeff Salyers, to appoint Teresa Adkins to fill the unexpired term of Bob Varner on the MECC Board. 

Aye-  Doug Mullins        Abstain- Edgar Mullins      Nay-None

            Virginia Meador

            Betty Cornett

            Doug Stallard

            Robby Robbins

            Jeffrey Salyers

            Bob Adkins

Doug Mullins noted that District 1 did not get its previous appointment on the MECC Board since it stepped aside to allow Delmer Wilson, who lived in District 4, to be appointed.  This appointment was agreed upon because of Mr. Wilson's qualifications.  However, since the passing of Mr. Wilson, this appointment should have rightly been given back to District 1.  Since other commitments have been made regarding this vacancy, he asked that the record show that District 1 get the next appointment on this Board.

 

IN RE:  APPOINTMENT/LONESOME PINE YOUTH  SERVICES BOARD

A motion was made by Betty Cornett, seconded by Jeff Salyers, to reappoint Larra Lambert to the Lonesome Pine Youth Services Board for a term of one (1) year.  The motion was unanimously approved.

 

IN RE: FISCAL STATUS REPORT THROUGH JUNE

The Fiscal Status Report through June was placed in each packet for review.

 

IN RE:  COUNTY ATTORNEY'S REPORT

None

 

IN RE:  COUNTY ADMINISTRATOR'S REPORT

None

 

IN RE:  BOARD COMMENTS

Edgar Mullins asked that an amendment be made to the Real Estate Tax Ordinance for the Elderly and Disabled regarding the due date of the ordinance for first time applicants and hardship cases. He asked that this be added to the agenda for next month.

 

RECESS

The Board took a brief recess at 7:10 p.m.

The Board reconvened it's meeting at 7:20 p.m    

  

IN RE:  CLOSED SESSION

A motion was made by Robby Robbins, seconded by Jeff Salyers, to go into closed session to discuss annexation as permitted by Code Section 2.2-3711A.7 of the Code of Virginia.  The motion was unanimously approved.

After a brief closed session, a motion was made by Bob Adkins, seconded by Robby Robbins, to reconvene its regular meeting.  The motion was unanimously approved.

 

IN RE:  RESOLUTION - CLOSED SESSION

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

 

ADJOURN

A motion was made by Jeff Salyers, seconded by Betty Cornett, to adjourn the meeting.  The motion was unanimously approved.

 

ATTEST:                  WISE COUNTY BOARD OF SUPERVISORS

 

______________________   ___________________________

Clerk                                                    Chairman

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