Board of Supervisors - March 13, 2003 Regular Meeting

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The Wise County Board of Supervisors met in a regular meeting on Thursday, March 13, 2003, at 6:00 PM in the Board of Supervisors meeting room located in the Wise County courthouse.  The following were present:

Honorable Douglas A. Stallard - Chairman

Honorable Betty Cornett - Vice-Chair

Honorable Barry Nelson

Honorable Edgar Mullins

Honorable Virginia Meador

Honorable Robert R. Adkins

Honorable Jeffrey Salyers

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

T. G. Branson led the Board in prayer.

 

PLEDGE OF ALLEGIANCE TO THE FLAG

All led in the pledge of allegiance to the flag.

 

MINUTES

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

 

IN RE:  APPROVAL OF AGENDA

Chairman Stallard asked that the following additions/deletions be made to the agenda:

Additions:  

  1. Ratify Notice of Proposed Real Property Tax Increase
  2. Set public hearing 6:00 PM Thursday, March 20 on amending partial property tax
  3. Request Board of Equalization to reduce assessment of agricultural property that would qualify for a use value assessment program           
  4. Set compensation for Board of Equalization members
  5. PSA appointment

Deletions:  

  1. Resolution concerning PSA remittances and share of annual audit cost

A motion was made by Betty Cornett, seconded by Bob Adkins, to approve the agenda to include the list of additions/deletions as listed above.  The motion was unanimously approved.

 

STATEMENT FROM CHAIRMAN

 

IN RE:  PUBLIC EXPRESSION 

Commonwealth Attorney Joey Carico announced to the Board that he would be leaving his position as Commonwealth Attorney on March 31st to take the position of  Chief Deputy for Attorney General in Richmond. 

Mr. Carico stated that in 2001, the Board approved a one time additional funding request of $16,000 to fund a part-time prosecutor for the Commonwealth Attorney's Office to help reduce the caseload in his office.  Since a lot of cases were cleared from the docket, Mr. Carico asked that the Board consider funding this position once again.  He further asked that a portion of that be funded if the full amount is not available.

Thelma Gilley addressed the Board concerning the recent reassessment.  She posed several questions to the Board regarding their knowledge of the recent reassessment and spoke briefly on Mr. Wingate's comments at the last meeting and the percentage of increases to property located in the Powell Valley area.  She questioned whether or not this was a uniform reassessment according to the State Code.

Chairman Stallard advised Ms. Gilley to present her questions to the County Administrator and he would give her a written answer.

Angela Honeycutt, a resident of Andover; and  Marlene Bush, voiced their concerns about the recent plans set forth to renovate the schools that did not include Appalachia.

Kyle Fletcher, member of School Board, spoke briefly on the upcoming School Budget and the many needs of the schools.

Elmer Phillips voiced his opposition to recent reassessment.  He also offered solutions to several problems facing the County.

Emerson Coffee told the Board that the three (3) trailers he owns, instead of depreciating as trailers do, were reassessed at the price of new trailers.  He opposed this.

Chairman Stallard asked that he approach the Board of Equalization with his complaint and they would review his reassessment.

A citizen addressed the Board regarding the proposed amendment to the litter ordinance on the section concerning junk cars.  He asked that the Board deny the amendment as written.

Johnny Coffee asked the Board for assistance in getting the Bear Creek cleaned out since the residents get flooded during heavy rains. 

Chairman Stallard advised Mr. Coffee to get with the County Administrator and he would give him information on possible avenues to get the stream cleaned out.

Walter Crouse voiced his support of the proposed amendment to the  Solid Waste Ordinance (section on Litter Control) to help control the litter problem in our County.  He also informed the Board that the school enrollment is down and with the State budget cuts, there needs to be some consideration on consolidating the School Board Offices and delete some of the higher paying jobs to meet the funding crisis.

Paula Mullins, President Elect of the Pro-Art Association, asked the Board to consider Pro-Art's funding for FY 2003-04.  She reviewed the activities and performances of Pro-Art and the benefits offered to Wise County and its citizens through this association.  She also asked that they consider an additional funding of $2,000 for the creative arts summer camp.

Stewart Jessee asked the Board to consider another appraiser at the next reassessment.

James Leoneous, a resident of Big Stone Gap, said he had heard a lot of questions but no answers.

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

 

IN RE:  ROADS AND HIGHWAYS

T. G. Branson, Highway Resident Engineer, gave an update on roads being repaired from the recent flooding.

 

IN RE:  REVENUE SHARING PROGRAM

Mr. Branson reviewed the Revenue Sharing Program for FY 2003-2004 with a recommendation that the Board participate in the program for an amount of $500,000.

A motion was made by Jeff Salyers, seconded by Bob Adkins, that the Board participate in the FY 2003-2004 Revenue Sharing Program for an amount of $500,000 to be matched on a dollar-for-dollar basis from the State of Virginia.  The motion was unanimously approved.

 

BOARD COMMENTS

Edgar Mullins asked the procedure for getting "Children at Play" signs and a "Speed Study"  done.

Barry Nelson informed Mr. Branson that on Rt. 68, near the mines and the intersection of Rt. 763, a guardrail is needed in that blind curve.  There is a drop off there that is very dangerous at that point in the road.

Betty Cornett asked for an update on guardrails in Crackers Neck.

 

IN RE:  REAL ESTATE PROPERTY TAX INCREASE NOTICE RATIFICATION

A motion was made by Betty Cornett, seconded by Barry Nelson, to ratify the action of the Chairman in sending out the notice of a public hearing for the proposed real property tax increase set for March 30, 2003 at 6:00 PM for public comment.

Aye-     Barry Nelson              Nay-Edgar Mullins

            Virginia Meador

            Betty Cornett

            Doug Stallard

            Robert Adkins

            Jeff Salyers

            Robby Robbins

 

IN RE:  ORDINANCE ON PARTIAL PROPERTY TAX EXEMPTION FOR CERTAIN ELDERLY AND DISABLED AMENDMENT

A motion was made by Jeff Salyers, seconded by Betty Cornett, to hold a public hearing on March 20, 2003, at 6:00 PM to received citizens' comments regarding a proposed amendment to the ordinance for partial property tax exemption for certain elderly and disabled homeowners.  The motion was unanimously approved.

 

IN RE: EQUALIZATION BOARD'S ASSESSMENT OF AGRICULTURAL PROPERTY

A motion was made by Barry Nelson, seconded by Betty Cornett to request the Board of Equalization to reduce assessment of agricultural property that would qualify for a use value assessment program.  The motion was unanimously approved.

 

IN RE:  BOARD OF EQUALIZATION COMPENSATION

A motion was made by Virginia Meador, seconded by Robby Robbins, to set the amount of compensation for the Board of Equalization at $100 per day.  The motion was unanimously approved.

 

IN RE:  CONSENT AGENDA

Edgar Mullins asked that budget amendment #23 & #24 be pulled from the consent agenda and placed under new business for discussion.

A motion was made by Bob Adkins, seconded by Virginia Meador, to approve the following items under the Consent Agenda:

Budget Amendments

  1. No. 21:  Add $16,884 to the General Fund (Two For Life Funds); distribute among the rescue squads in an equal amount ($2184 each)
  2. No. 22:  Add $5714 to the General Fund (ARC grant); deposit in DEVELOP budget, continuing education line item

Transfer from reserve for emergencies/contingency line item

  1. $7935 to repair the fire sprinkler system at DSS ($2094) and the Courthouse ($5841)

Resolution Ratifying and Ending the Declaration of State of Local Emergency

Proclamations:

  1. National County Government Week in Wise County
  2. The Great American Cleanup in Wise County
  3. Honoring Ms. Chantel Dean of St. Paul, recipient of the prudential Spirit of Community Award

The motion was unanimously approved.

 

IN RE:  INMATE PHONE COMMISSION FUND TRANSFER OF FUNDS

A motion was made by Bob Adkins, seconded by Jeff Salyers, to approve the transfer of $14,000 from the Inmate Phone Commission Fund to the General Fund to purchase and install fire alarm system etc. 

Aye-     Barry Nelson              Nay-Edgar Mullins

            Virginia Meador

            Betty Cornett

            Doug Stallard

            Robert Adkins

            Jeff Salyers

            Robby Robbins

 

IN RE:  INMATE PHONE COMMISSION FUND TRANSFER

A motion was made by Jeff Salyers, seconded by Bob Adkins, to approve the transfer of $1723 from the Inmate Phone Commission Fund to the General Fund for the purchase of razors, toothpaste, etc.)

Aye-     Barry Nelson              Nay-Edgar Mullins

            Virginia Meador

            Betty Cornett

            Doug Stallard

            Bob Adkins

            Jeff Salyers

            Robby Robbins

 

IN RE:  WISE COUNTY SOLID WASTE ORDINANCE #3-1975 Section 18-1 & 18-13: LITTER CONTROL AMENDMENT

A public hearing was held on March 6, 2003, to receive citizens' comments regarding the proposed amendment to Wise County Solid Waste Ordinance #3-1975 Section 18-1 & 18-13: Litter Control.

At the public hearing, several individuals voiced their support of the proposed amendment and one citizen opposed the section regarding abandoned vehicles.

A motion was made by Bob Adkins, seconded by Doug Stallard, to approve the proposed amendment to Ordinance #3-1975 as presented.

There was some discussion on the language in the proposed amendment regarding the abandoned vehicles.

Attorney Mullins stated that no provision has been set forth in the ordinance regarding the abandoned vehicles but the definition was left in the ordinance in error but has been removed from the proposed amendment.

Virginia Meador made a substitute motion to table the amendment since she has not seen the amendment in its proper form.  Betty Cornett seconded the motion.

Attorney Mullins stated that when this amendment was initially prepared there were provisions with regard to abandoned junk automobiles.  After reviewing the amendment, the section regarding the abandoned junk vehicles was removed prior to the Board setting the amendment for public hearing.  However, in error, the definition was left in the amendment.

Chairman Stallard asked for a vote on the substitute motion to table the amendment

The substitute motion was unanimously approved.

 

IN RE:  REZONE PROPERTY/TOMMY BRIGHT/ELITE DEVELOPMENT

A public hearing was held on March 6 to receive citizens' comments regarding a request from Tommy Bright with Elite Development, to rezone 11.02 acres from A-RR to M-1 on the Coeburn-Norton Road for the purpose of future development.

There was no opposition to the proposed rezoning.

Chairman Stallard stated that the Planning Commission recommended approval of this request.

A motion was made by Jeff Salyers, seconded by Bob Adkins, to approve the rezoning of 11.02 acres from A-RR to M-1 on the Coeburn-Norton Road as requested by Tommy Bright.  The motion was unanimously approved.

 

IN RE:  REZONING/BATES AIRFIELD ROAD/BRENDA HOLBROOK

A public hearing was held on March 6 to receive citizens' comments regarding a request from Brenda Holbrook to rezone 1.14 acres located on Bates Airfield Road from A-RR to M-1 for the purpose of constructing an apartment building.

There was no one to speak for or against the rezoning.

Chairman Stallard stated that the Planning Commission had recommended that this request be denied.

A motion was made by Jeff Salyers, seconded by Bob Adkins, to deny the request to rezone 1.14 acres located Bates Airfield Road from A-RR to M-1.  The motion was unanimously approved.

 

IN RE:  QUARANTINE ORDINANCE FOR DOGS AND CATS

It was noted that since there is an outbreak of rabies in Wise County, the Quarantine Ordinance for Dogs and Cats is being adopted on an emergency basis that does not require a public hearing.

A motion was made by Virginia Meador, seconded by Betty Cornett, to adopt the Emergency Ordinance Prohibiting Dogs and Cats from Running at Large in Wise County for the Period of March 24, 2003 through April 24, 2003.  The motion was unanimously approved.

ORDINANCE #        2003

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

 

IN RE:  RESOLUTION - SOUTHWEST VIRGINIA  REGIONAL JAIL AUTHORITY SERVICE AGREEMENT

A motion was made by Jeff Salyers, seconded by Bob Adkins, to adopt the resolution approving the Service Agreement for the Southwest Virginia Regional Jail Authority as presented.

Aye-     Barry Nelson              Nay- Edgar Mullins

            Virginia Meador

            Betty Cornett

            Doug Stallard

            Robert Adkins

            Jeff Salyers

            Robby Robbins

RESOLUTION #        2003

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

 

IN RE:  COMPENSATION FOR ATTENDING BOARDS AND COMMISSION MEETINGS

A motion was made by Edgar Mullins to reinstate the $25.00 fee for attending board and commission meetings.

The motion died due to lack of second.

Jeff Salyers made a motion to table the attendance fees.  Betty Cornett seconded the motion. 

Aye-     Barry Nelson              Nay-Edgar Mullins

            Virginia Meador

            Betty Cornett

            Doug Stallard

            Bob Adkins

            Jeff Salyers

            Robby Robbins

 

IN RE:  PRO-ART FUNDING

A motion was made by Virginia Meador, seconded by Bob Adkins, to commit $5,000 from the FY 2003-04 budget for Pro-Art's Local Government Challenge Grant that will be matched by the Virginia Commission for the Arts.  The motion was unanimously approved.   

Chairman Stallard noted that further funding for Pro-Art will be considered during the upcoming budget.

 

IN RE:  APPOINTMENT-RECREATIONAL AUTHORITY

A motion was made by Barry Nelson, seconded by Jeff Salyers, to appoint Angela Honeycutt to fill the unexpired term of Ted Sizemore on the Recreational Authority.

Edgar Mullins made a substitute motion to table this appointment until next month.

The substitute motion died to lack of second.

Chairman Stallard asked for a vote on the main motion.

Aye-     Barry Nelson              Nay-Edgar Mullins

            Virginia Meador

            Betty Cornett

            Doug Stallard

            Robert Adkins

            Jeff Salyers

            Robby Robbins

 

IN RE:  APPOINTMENT -COMMUNITY CRIMINAL JUSTICE BOARD

A motion was made by Bob Adkins, seconded by Edgar Mullins, to reappoint the following individuals to the Community Criminal Justice Board.

  • William H. Price -currently the Chief of Police Representative
  • Chuck McHugh - Community Services Representative
  • Ida Ashbrook - Education Representative
  • Kevin Tiller - Defense Attorney Representative
  • Honorable Birg E. Sergent - Circuit Court Judge Representative
  • Honorable Elizabeth S. Wills -Juvenile and Domestic Relations Judge Representative
  • Honorable Suzanne K. Fulton - General District Judge Representative

The motion was unanimously approved.

 

IN RE:  APPOINTMENT - PSA

A motion was made by Betty Cornett, seconded by Jeff Salyers, to appoint Danny Stallard to fill the unexpired term of Kenneth Hillman on the Wise County Public Service Authority.

Aye-     Barry Nelson              Nay-Edgar Mullins

            Virginia Meador

            Betty Cornett

            Doug Stallard

            Bob Adkins

            Jeff Salyers

            Robby Robbins

 

IN RE:  HOUSING REHABILITATION PROGRAM DESIGN/DERBY PROJECT

After reviewing the Housing Rehabilitation Program Design for the Derby Project, Administrator Sealover stated that the Board needs to appoint a Rehabilitation Oversight Board, approve the Bi-laws for the Oversight Board, and approve the Rehab Program Design.

 

IN RE: APPOINTMENT REHABILITATION OVERSIGHT BOARD

A motion was made by Bob Adkins, seconded by Robby Robbins, to appoint the following individuals to the Rehabilitation Oversight Board:

  • Richard Falin, Community Leader
  • Melvyn Eads, Community Leader
  • Barry Nelson, Member Board of Supervisors
  • Robert Mullins, Wise County Building Official

The motion was unanimously approved.

 

IN RE:  HOUSING REHABILITATION OVERSIGHT BOARD'S BI-LAWS

A motion was made by Bob Adkins, seconded by Betty Cornett, to approve the Bi-laws for the Housing Rehabilitation Oversight Board.  The motion was unanimously approved. 

 

IN RE:  HOUSING REHAB PROGRAM DESIGN

A motion was made by Barry Nelson, seconded by Jeff Salyers, to approve the Housing Rehab Program Design as presented.  The motion was unanimously approved.

 

IN RE:  FISCAL STATUS REPORT

The fiscal status report was placed in each packet for board's review.

 

IN RE:  COUNTY ATTORNEY'S REPORT

Attorney Mullins presented the Board with information she had received from VACo on land use assessment and a draft ordinance that has been modeled after Frederick County's ordinance that addresses farm use, open space, and horticultural use.

There was some discussion on the methodology use for assessing mined land and forestry land.

 

IN RE:  COUNTY ADMINISTRATOR'S REPORT

Administrator Sealover announced that the groundbreaking for the Imboden Sewer Project would be held on 3-18-03 at the Imboden Methodist Church. 

 

BREAK

 

The Board took a brief recess at 7:50 PM.                      

The Board reconvened its meeting at 8:05 PM.

 

IN RE:  CLOSED SESSION

A motion was made by Jeff Salyers, seconded by Bob Adkins, to go into closed session as permitted by section 2.2-3711A.7 of the Code of Virginia to discuss legal matters:  Consult with attorney and staff concerning pending litigation, annexation, boundary adjustments as per Code Cite:  15.2-2907D.  The motion was unanimously approved.

After a brief closed session, a motion was made by Bob Adkins, seconded by Barry Nelson, to reconvene the regular meeting.  The motion was unanimously approved.

 

IN RE:  RESOLUTION CERTIFICATION OF CLOSED MEETING

Jeff Salyers read the certification for closed meeting.

A motion was made by Jeff Salyers, seconded by Bob Adkins, 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:  RECESS

A motion was made by Jeff Salyers, seconded by Bob Adkins, to recess the meeting until 6:00 PM on Thursday, March 20.  The motion was unanimously approved.

 

ATTEST:                  WISE COUNTY BOARD OF SUPERVISORS

 

____________________     ________________________  

Clerk                                Chairman

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