Board of Supervisors - January 9, 2003 Regular Meeting

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The Wise County Board of Supervisors met in a regular meeting on Thursday, January 9, 2003, 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 Barry D. Nelson

Honorable Edgar Mullins

Honorable Virginia Meador

Honorable Robert Adkins

Honorable Jeffrey Salyers- 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 Robert Robbins

 

PRAYER

Dr. Tom Renfro led the Board in prayer.

 

MINUTES

Virginia Meador, seconded by Betty Cornett, made a motion, to approve the minutes as presented.  The motion was unanimously approved.

 

IN RE:  APPROVAL OF AGENDA

The following items were added to the agenda:

Add:    

  1. PSA appointment
  2. Closed Session (Legal matters)
  3. Resolution requesting support from other counties involved in annexation disputes on the proposed moratorium on annexation.

Edgar Mullins voiced his opposition on having a countywide moratorium on annexation because this would keep St. Paul from annexing.  The St. Paul annexation request involves no residents.  However, he is against the Big Stone Gap annexation since there is opposition from those citizens to be annexed.                                                                                                                                                   

Bob Adkins asked that the PSA appointment be removed from the agenda until next month to allow him to speak to an individual that may serve on this board.

Chairman Stallard removed the PSA appointment from the agenda.

The vote was unanimous to approve the agenda with the additions/deletions as presented.

 

IN RE:  CABLE FRANCHISE AGREEMENT

Dave Harris, representing Customs Communications, stated that the County has joined with the towns within the County to contract with his company to negotiate the franchise agreement with Adelphia, Scott Telecom and Electronics, and Charter Communications.  The proposed agreements follows the master cable regulatory ordinance adopted by the Board.  Within that ordinance all rules are set for doing cable business within the unincorporated areas of the County.  In the Franchise Agreement, there is an extension of that ordinance whereby the cable operator will agree to all of the provisions of the ordinance, such as twenty homes per mile, insurance terms, customer services, etc.  Within the franchise agreements it states the percentage of franchise fees that are paid by the cable operators for the use of the County's public rights of way, which is 5%.  Mr. Harris stated that the term of the franchise agreement is 15 years.  The reason for the fifteen years agreement is to protect the interest of the citizens, which is no cost to the citizens.  He recommended adoption of these agreements as presented.

Mr. Harris presented maps of the area that each cable company is to service.

There was some discussion on the content of the agreement regarding the 15-year term, the number of homes per mile, and rates.

Mr. Salyers noted that there was a section in the Carfax and Markham Hollow areas that have no cable.  He asked that these areas be checked to ascertain whether or not cable is feasible.

Jeff Salyers spoke regarding lease access channels in that there has been no public broadcast of the Board meeting as of late.  He stated that at one time another TV station televised the Board meetings without fail.

Administrator Sealover noted that Adelphia had commented in a meeting this day regarding the fact that they have restored live broadcast of the Board of Supervisors meetings through their lease access arrangements.

Mr. Harris said it was his understanding from the meeting with Adelphia today, that a contract has been executed with that individual to televise the upcoming Board meetings.

Mr. Mullins asked about the cable access to public buildings.  The proposed agreement states that it is federal law to only furnish 150 feet of drop cable and if more cable is needed the customer is responsible.

Mr. Harris explained that this is a technical problem, which depends on the megahertz of the system.  After each 150 feet, there must be a booster.  The FCC, federal statutes and customer service standards, have stated that 150 feet is the standard.  He explained that 150 feet  is all that is allowed in the agreement, however, the cable company can vary from that figure.

 

IN RE:  CLOSED SESSION

Bob Adkins, seconded by Virginia Meador, made a motion to go into closed session to discuss legal matters as per section 2.2-3711A.7 of the Code of Virginia.  The motion was unanimously approved.

After a short closed session, a motion was made by Jeff Salyers, seconded by Bob Adkins, to reconvene the regular meeting.  The motion was unanimously approved.

 

IN RE:  RESOLUTION CLOSED SESSION

Jeff Salyers read the certification for closed session.

A motion was made by Jeff Salyers, seconded by Virginia Meador, to approve the resolution verifying matters discussed while in closed session.  The motion was unanimously approved by roll call vote.

RESOLUTION #       2003

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

 

IN RE:  PUBLIC EXPRESSION

Don Green, representing a group of residents from Paramont Subdivision, asked the Board to expedite its decision on rezoning of the property across from the UVA-Wise baseball field.  He noted the request has been back and forth between the Board and the Planning Commission with no end result.  Therefore, the property owners adjacent to this property, wants a decision from the Board.

Elmer Phillips voiced his concerns that our land is not ruled, as it should be, under the U. S. Constitution.  He asked the Board to read up on the Constitution and make sure they are abiding by it.

Rick Bowman asked that the spay/neutering ordinance be placed back on the agenda.

Chairman Stallard advised that the agenda for this meeting has been approved but his request would be taken into consideration.

Jo Ann Harding, a member of P.A.W.S., told the Board she was thankful for the proposed shelter that is to be built in the near future.  She spoke briefly on the revenue source of  "Animal Friendly" license plates stating that those funds are to be spent toward the spay/neutering program.

Administrator Sealover advised that those funds are being deposited in the County's Dog and Cat Sterilization Fund as required by the Animal Friendly License Program.  A voucher program is being set up with the vets in the County for spay/neutering for which these funds would help defer those costs.

Angela Wharton Gibson, a resident of Wise, asked who was in charge of these funds, where the money is going, and if the money is be distributed fairly.

Administrator Sealover stated that he would be in charge of those funds.

Ms. Gibson asked that some type of form or document be implemented to show that those funds are being appropriated correctly and fairly.

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

 

IN RE:  ROADS AND HIGHWAYS

T.G. Branson, Highway Resident Engineer, informed the Board that VDOT is currently working on the bridge between Appalachia and Big Stone with part of the traffic lane being closed.  The purpose of this closure is to place a red light at that location.

Board members presented needs in their district for Mr. Branson to review.

 

IN RE:  CONSENT AGENDA

A motion was made by Jeff Salyers, seconded by Betty Cornett, to approve the consent agenda as follows:

IN RE:  CONDITIONAL ZONING/ALFRED COX ROAD/ VERNADE BAKER

To set a public hearing on February 6 at 6:00 p.m. for conditional zoning for one-half acre of property located on 9101 Alfred Cox Road from an A-RR to a B-1 district for the purpose of continuing a retail business.

IN RE:  APPROPRIATIONS

Approve the third quarter appropriations.

IN RE:  DERBY RENOVATION ADMINISTRATIVE AGREEMENT

Authorized Board Chairman to execute Administrative Agreement with LENOWISCO regarding the Derby Renovation Project.

IN RE:  BUDGET AMENDMENTS

  1. No. 15:  Increase General Fund revenues by $4,425 (Court Records Preservation Grant); increase Circuit Court Clerk's professional services - other line item by that amount
  2. No. 16:  Increase General Fund revenues by $4,000 (DMV Mini-Grant); add $2,200 to overtime and $1,800 to police supplies line items of Sheriff's law enforcement budget.
  3. No. 17:  Increase General Fund revenues by $2,597 by a transfer from the Jail Phone Commission Fund;  increase appropriate Corrections and Detention budget line item.

The motion was unanimously approved.

 

IN RE:  E-911 ROAD NAME ADDITIONS

A public hearing was held on January 2 to receive citizens' comments regarding the E-911 road name additions.  There were no comments at the public hearing.

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.

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

 

IN RE:  ORDINANCE FOR  EMERGENCY SERVICES

A public hearing was held on January 2 to receive citizens' comments regarding a proposed ordinance adopting a permitting process for emergency services agencies operating within the boundaries of Wise County.  There was no opposition to the proposed ordinance.

A motion was made by Virginia Meador, seconded by Betty Cornett, to adopt the ordinance for emergency service agencies operating within the boundaries of Wise County.  The motion was unanimously approved.

ORDINANCE #      2003

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

 

IN RE:  REZONING / RON STIDHAM/PROPERTY ACROSS FROM COLLEGE

Chairman Stallard stated that the Board has the option of sending this request for rezoning back to the Planning Commission to be heard before the full Planning Commission with a recommendation to the Supervisors to approve or disapprove.  The Board can send it out for a public hearing and make its own decision on whether to approve or disapprove the rezoning request.

Attorney Mullins advised that the Board has the discretion, if it wants additional input, to have the Planning Commission have a full board vote.  The Planning Commission could deny this request since a quorum was present at the time the vote was taken.  However, the Supervisors must take action within a twelve-month period regarding this request. 

There was some discussion on the "without recommendation" that was sent to the Board by the Planning Commission in that it was not a "true" recommendation.

After further discussion, a motion was made by Edgar Mullins, seconded by Jeff Salyers, to hold a public hearing on February 6 at 6:00 p.m. to receive citizens' comments regarding a rezoning request made by Ron Stidham on 3.47 acres of property located across from UVA-Wise baseball field from R-1 to R-2.  The motion was unanimously approved.

 

IN RE:  CABLE TELEVISION FRANCHISE AGREEMENTS FOR CHARTER & SCOTT COUNTY TELECOM AND ELECTRONICS

A motion was made by Bob Adkins, seconded by Jeff Salyers, to hold a public hearing on February 6 at 6:00 p.m. to receive citizens' comments regarding the Cable Television Franchise Agreements for Charter Communications and Scott County Telecom and Electronics.  The motion was unanimously approved.

 

IN RE:  TRANSFER OF FUNDS FOR  IDA PUMP STATION

Administrator Sealover explained that the pump station serving the water system to the Tech Park was damaged by lightening before it was turned over to the Town of Wise.  The town has refused to pay the cost for having the pump station repaired since the damage was done prior to the transfer.  The County did not budget for this expense.  Therefore, a transfer from the contingency/reserve for emergencies line item of $6,100 is needed to cover this cost.  He noted, however, that a claim has been submitted to the insurance company for possible payment.

After further discussion, a motion was made by Betty Cornett, seconded by Jeff Salyers, to table the transfer of funds until a response has been received from the insurance company as to whether or not this expense is covered.  The motion was unanimously approved.

 

IN RE:  DANCE HALL LICENSE / PIT STOP FAMILY GRILL

There were some reservations among Board members in allowing a dance hall license for the Pit Stop Family Grill with teenagers on the premises where alcohol beverages are being sold.

Jeff Salyers stated that the couple requesting the license said the coolers would be locked down on teenagers' night and no alcohol would be served. 

Attorney Mullins advised that the owners have the discretion of serving alcohol on teen night without violating any ABC regulations.  The owner could also designate the dance area for teenagers and serve alcohol to the adults in the restaurant portion of the facility.  This would, however, increase the owner's liability.  Regarding the dance hall license, once it is granted, it is without restrictions.

After further discussion, a motion was made by Jeff Salyers, seconded by Bob Adkins, to approve the dance hall license for the Pit Stop Family Grill.       

Aye-  Barry Nelson    Nay-  Doug Stallard     Abstain- Edgar Mullins

         Virginia Meador        Betty Cornett

         Bob Adkins

         Robby Robbins

         Jeff Salyers

The motion carried.

 

IN RE:  PLAQUE ON WALL OF COURTHOUSE/SONS OF CONFEDERATE VETERANS

A motion was made by Edgar Mullins, seconded by Barry Nelson, to table the request for the placement of Sons of Confederate Veterans memorial plaque in the courthouse.  The motion was unanimously approved.

 

IN RE:  AUDIT APPROVAL

A motion was made by Jeff Salyers, seconded by Bob Adkins, to approve the County audit ending June 30, 2002 as presented.  The motion was unanimously approved.

 

IN RE:  APPOINTMENTS/BOARD OF EQUALIZATION

The following individuals were recommended for appointment to the Board of Equalization:

District 1:            Jim Flanary

District 2:            Bill Wampler

                          (Alt) Otho Craft

District 3:            Mike Mason

                          Vacant

District 4:            Monroe Robinette

                          (Alt) Larry Salyer

Chairman Stallard asked District 3 to follow up with one more name for their district.

 

BOARD COMMENTS    

Jeff Salyers asked that the County Administrator be directed to draft a letter to our legislators, for the upcoming session, asking that the retirement age for state employees especially those of the Department of Corrections and public safety offices be reduced from twenty-five years to twenty years.

There were few comments from Board members.

 

IN RE:  RESOLUTION / MORATORIUM ON ANNEXATION

A motion was made by Bob Adkins, seconded by Betty Cornett, to adopt a resolution asking the neighboring counties to support HB 2755 regarding the moratorium on annexation.  The motion was unanimously approved.

RESOLUTION #       2003

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

 

ADJOURN

A motion was made by Bob Adkins, seconded by Barry Nelson, to adjourn the meeting.  The motion was unanimously approved.

 

ATTEST:                     WISE COUNTY BOARD OF SUPERVISORS

 

____________________     ______________________

Clerk                                Chairman

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