Board of Supervisors - May 8, 2003 Regular Meeting

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The Wise County Board of Supervisors met in regular session on Thursday, May 8, 2003 at 6:00 PM in the Board of Supervisors room located in the Wise County courthouse.  The following were present:

Honorable Douglas Stallard - Chairman

Honorable Betty Cornett - Vice-Chair

Honorable Barry Nelson

Honorable Edgar Mullins

Honorable Virginia Meador

Honorable Robert 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

Nick Brewer, Pastor First Baptist Church in Appalachia led the Board in prayer.

 

PLEDGE ALLEGIANCE TO THE FLAG

All led in the pledge allegiance to the flag.

 

MINUTES

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

 

IN RE:  APPROVAL OF AGENDA

Chairman Stallard read the following additions to be added to the agenda:

  1. Proclamation Declaring May 15 as Peace Officers' Memorial Day and May 11-17 as Police Week in Wise County
  2. Tire Tipping Agreement (Scott County)

 

Budget Amendments 

  1. No. 34:  Increase General Fund revenues $35,000 (grant); distribute among several line items in the Wise DEVELOP budget
  2. No. 35:  Increase General Fund revenues by $1759 (DMV grant) deposit in Sheriff/Law Enforcement police supplies line item (purchase children's car   seats)
  3. No. 36: Increase General Fund revenues by $60,300 (grant); add to Dept of Social Services budget:  Foster Parent Training

 

Transfer from Reserve for Emergencies/Contingency line item

  1. $485 to Treasurer's Office supplies line item:  Cost of DMV "Stops" (vehicle registration
  2. $1400 to Sheriff/Law Enforcement prof.svs-other line item: Medical Examiner and Court appointed Attorney fees
  3. $15,300 to IDA:  Enterprise Zone Tax Abatement (Sykes); and landscaping for Verizon facility

Virginia Meador asked that the Board recognize the SCCLA Technology and Parliamentary Procedures groups at Powell Valley Middle School that won the State and will go on to compete in the nationals.

Jeff Salyers asked that the resolution concerning the Wise County PSA's remittance due the County and the annual Audit be removed from the agenda.  He noted that a letter was faxed to Administrator Sealover this afternoon resolving this matter.

Chairman Stallard stated that this resolution would be beneficial to the County to have as a matter of record to prevent future problems.  Therefore, he said this item would be left on the agenda.

A motion was made by Bob Adkins, seconded by Virginia Meador, to approve the agenda as presented with the additions.

Aye- Barry Nelson         Nay- Jeff Salyers (Because he asked that an item
                                                           Be removed & it wasn't)            
            Edgar Mullins          

            Betty Cornett

            Doug Stallard

            Bob Adkins

            Robby Robbins

            Virginia Meador

 

IN RE:  ADELPHIA CABLE FRANCHISE AGREEMENT/DAVE HARRIS

David Harris, with Custom's Communications, stated that he has been working with the Franchise Cable Committee for the past year regarding the renewal of the Cable Franchise Agreement with Adelphia Communications. The Board has already approved the Cable Franchise Agreements with Charter Communications and Scott Telcom.

Mr. Harris summarized the Adelphia Cable Franchise Agreement in that it is a non-exclusive, revocable for cause, agreement with a term based on the upgrade and rebuild of the cable system.  If Adelphia completes the upgrade of the system within 25-months, the term is 20 years; if upgrade is completed in 36-months, the term is 15 years; and if the upgrade is completed in 48-months, the term is 10 years.  If the upgrade is not completed within 48-months, the franchise is considered null and void and Adelphia will be obligated to begin the franchise process under the provisions of an initial franchise proceeding; pay the application fee of $25,000.

A performance review may be conducted in open hearing before the Board at any time and re-openers are provided.

Upon upgrade of the system, Adelphia will install and pay for a government access channel.  The channel will be shared by the County and towns and will be capable of character generated announcements, video playback and emergency announcements.

The agreement provides customer service standards and the County will receive a 5% franchise fee, based on the Gross Subscriber Revenue.  Adelphia will extend cable plant to 20 homes per mile.  Custom Communications staff is working with Adelphia and County GIS to map the 20 homes per mile so the plant can be extended.

The upgrade of the system includes installation of fiber optic cable, upgraded head end and additional channels and two-way (Internet Connections).  A rebuild to 860 Megahertz is scheduled within the Franchise Agreement.

All items mentioned in the Needs Assessment summary have been incorporated in the franchise agreement or are addressed in the Enabling ordinance.

Mr. Harris noted that Adelphia has agreed to the terms of the franchise agreement, and the Negotiating Team recommends that the Board approve the Cable Television Franchise Agreement with Adelphia and authorize the Chairman to execute the Agreement.

Chairman Stallard stated that the Cable Franchise Agreement would be sent out for public hearing at the June Workshop meeting.

 

IN RE:  PUBLIC EXPRESSION

Ms. Blevins asked the Board to consider changing the due date for taxes since Social Security checks are received by many elderly and disabled on the third week of each month.  Since the due date of the taxes is set for the 15th, those people have to pay a penalty for paying late.  She said the 25th of the month would be better for people drawing Social Security checks.  Also, more time is needed between receiving the tax tickets and the time they are due.

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

 

IN RE:  ROADS AND HIGHWAYS

T. G. Branson, Highway Resident Engineer, advised that bids were being let on the installation of a warning light in Tacoma.

He informed the Board that the jail inmate crew is doing an excellent  job in removing trash from the highways throughout the County.

There were several requests from Board members for Mr. Branson to review and report back at the next meeting. 

 

IN RE:  CONSENT AGENDA

Edgar Mullins asked that budget amendment No. 33 be removed from the consent agenda and voted on as a separate item.

Betty Cornett asked that the Resolution concerning Wise County PSA remittance due the County and the annual Audit be removed from the consent agenda and voted on as a separate item.

Barry Nelson made a motion to adopt the consent agenda as follows with the items removed as requested.  Bob Adkins seconded the motion.  The motion was unanimously approved.

 

IN RE:  PUBLIC HEARINGS

The following public hearings were set for June 5, 2003 at 6:00 PM:

  1. SPECIAL USE PERMIT FOR MINIATURE GOLF IN GLAMORGAN
  2. SPECIAL USE PERMIT FOR FAMILY CEMETERY/SCOTT ROBINSON HOLLOW ROAD    
  3. PROPOSED MOSQUITO CONTROL ORDINANCE
  4. PROPOSED ADELPHIA CABLE FRANCHISE AGREEMENT
  5. PROPOSED ANNUAL BUDGET FY 2003-2004

 

IN RE:  PROCLAMATION / BUSINESS APPRECIATION WEEK

IN RE:  SIXTH MOU / BLACKWOOD LANDFILL (CONSTRUCTION OF VERTICAL  LIFT

 

IN RE:  AWARD BID FOR DERBY PROJECT PHASE 1

 

IN RE:  BUDGET AMENDMENTS

  1. No. 31:  Add $15,540 to General Fund revenues (federal grant); deposit in Emergency Services Capital Outlay line item to purchase ten (10) AEDs.
  2. No. 32:  Add $43,932 U.S. Dept of Justice Equipment grant funds: deposit in Volunteer Fire Departments Capital Outlay line item.
  3. No. 33:  Increase General Fund revenues by appropriating $145,000 in fund balance available; deposit in Sheriff/jail; $110,000 Prof. health in-services line item; and $35,000 to feed & services supplies line item

 

IN RE:  TRANSFER FROM RESERVE FOR EMERGENCIES/CONTINGENCY LINE ITEM

  1. $600 to ADP/Prof. services other line item to register & reserve .us domain names
  2. $300 to Animal Control Office supplies line item to replenish log forms
  3. $2,000 to the Imboden Sewer Project to purchase property for sewer system
  4. $6,592 for school system playground projects: $2,700 Coeburn Primary; and $3,892 Appalachia Elementary
  5. $40,000 to Juvenile & Domestic Relations Court Services; Board of Juveniles line item (incarceration of juveniles)
  6. $7500 to Enterprise Fund - Refuse Collection overtime line item

 

IN RE:  INSURANCE / PROPERTY - CASUALTY  -  WORKERS COMPENSATION

  1. Award bid for coverage
  2. Authorize County Administrator to sign appropriate documents on behalf of the Board

 

IN RE:  RESOLUTION VACo  GROUP SELF INSURANCE RISK POOL

RESOLUTION #          2003

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

 

IN RE:  BUDGET AMENDMENT NO. 33

A motion was made by Jeff Salyers, seconded by Bob Adkins, to approve budget amendment No. 33 to increase general fund revenues by appropriating $145,000 in fund balance available; deposit in Sheriff/jail; $110,000 Prof. health in-services line item; and $35,000 to food & service supplies line item. 

Aye-     Barry Nelson                        Nay-Edgar Mullins

            Virginia Meador

            Betty Cornett

            Doug Stallard

            Bob Adkins

            Robby Robbins

            Jeff Salyers

 

IN RE:  RESOLUTION-PSA REMITTANCE TO COUNTY/ANNUAL AUDIT

Jeff Salyers made a motion to table the adoption of this resolution until next month to give the County Administrator time to review the letter from PSA Director Danny Buchanan and ascertain whether or not it meets the County's requests.  Betty Cornett seconded the motion.

Doug Stallard made a substitution motion to adopt the resolution as submitted.

The motion died due to lack of second.

Chairman Stallard asked for a vote on the main motion to table until next month.

Aye-     Barry Nelson                        Nay-Doug Stallard

            Virginia Meador

            Edgar Mullins

            Betty Cornett

            Bob Adkins

            Jeff Salyers

            Robby Robbins

           

IN RE: ORDINANCE/ SPECIAL ASSESSMENTS FOR AGRICULTURAL REAL ESTATE

A public hearing was held on held on May 1, to receive citizens' comments regarding a proposed land use ordinance for agricultural properties.  There were several citizens in favor of the proposed ordinance but none in opposition.  

A motion was made by Bob Adkins, seconded by Betty Cornett, to approve the ordinance as presented.

Aye-     Barry Nelson                Nay- None         

            Betty Cornett

            Doug Stallard

            Jeff Salyers

            Edgar Mullins

            Bob Adkins

Abstain:  Virginia Meador (Because she owns farm land)

                 Robby Robbins (Because he owns farm land)

ORDINANCE #             2003

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

 

IN RE:  RESOLUTION REGARDING OVERTIME PAY

A motion was made by Edgar Mullins to approve the resolution expressing opposition to the proposed federal rules and legislation concerning overtime pay.  Robby Robbins seconded the motion.

There was some discussion on the language in the proposed legislation regarding the overtime pay, who would be eligible, etc.

Attorney Mullins stated that it is her understanding that the FLSA designates who is eligible to be paid for overtime, etc.  She understood the legislation to mean that it would not change the workweek but would make changes with the FLSA of those who would qualify for overtime or if they would only receive comp time.

Since there were so many unanswered questions regarding this legislation, a substitute motion was made by Bob Adkins, seconded by Doug Stallard, to table the resolution for further information.

Aye-    Virginia Meador                    Nay-   Barry Nelson

            Betty Cornett                                Edgar Mullins

            Doug Stallard                                Robby Robbins

            Jeff Salyers

            Bob Adkins

IN RE:  APPOINTMENT / IDA

A motion was made by Jeff Salyers, seconded by Bob Adkins, to appoint Ralph David Mullins to fill the unexpired term of Emmet Low, Jr. on the Wise County IDA.

The motion was unanimously approved.

 

IN RE:  APPOINTMENT / ARCH'S

It was the consensus of the Board to table this appointment until next month for further information on its activities, etc.

 

IN RE:  FISCAL STATUS REPORT

The fiscal status report through April was given to Board members for their information and review.

 

IN RE:  COUNTY ADMINISTRATOR'S REPORT

Administrator Sealover advised that each Board member has been given a copy of the proposed annual budget for FY 2003-04 with a two page summary overview.  He asked that the Board give consideration to holding a workshop prior to the public hearing that has been scheduled for June 5.

 

IN RE:  PROCLAMATION - PEACE OFFICERS' MEMORIAL DAY AND POLICE WEEK IN WISE COUNTY

A motion was made by Jeff Salyers, seconded by Robby Robbins, to approve the proclamation proclaiming May 15 as Peace Officers' Memorial Day and May 11-17 as Police Week in Wise County.  The motion was unanimously approved.

 

IN RE:  TIRE TIPPING AGREEMENT (SCOTT COUNTY)

A motion was made by Jeff Salyers, seconded by Bob Adkins, to approve the Tire Tipping Agreement with Scott Scott County as presented.  The motion was unanimously approved.

 

IN RE:  BUDGET AMENDMENT # 34

A motion was made by Jeff Salyers, seconded by Barry Nelson, to approve budget amendment #34 to increase General Fund revenues $35,000 (grant); distribute among several line items in the Wise DEVELOP budget.  The motion was unanimously approved.

 

IN RE:  BUDGET AMENDMENT #35

A motion was made by Jeff Salyers, seconded by Virginia Meador, to approve budget amendment No. 35 to increase General Fund revenues by $1759 (DMV grant); deposit in Sheriff/Law Enforcement police supplies line item (purchase children's car seats).

Aye-     Barry Nelson                        Nay-Edgar Mullins

            Virginia Meador

            Betty Cornett

            Doug Stallard

            Bob Adkins

            Jeff Salyers

            Robbie Robbins

 

IN RE:  BUDGET AMENDMENT #36

A motion was made by Jeff Salyers, seconded by Betty Cornett, to approve budget amendment No.36 to increase General Fund revenues by $60,300 (grant); add to Dept. of Social Services budget: Foster Parent Training.  The motion was unanimously approved.

 

IN RE:  TRANSFER OF FUNDS FROM RESERVE FOR EMERGENCIES/CONTINGENCY LINE ITEM

A motion was made by Jeff Salyers, seconded by Bob Adkins, to transfer $485 to Treasurer's Office supplies line item: cost of DMV "stops" (vehicle registration).  The motion was unanimously approved.

A motion was made by Bob Adkins, seconded by Betty Cornett, to transfer $1400 to Sheriff/Law Enforcement Prof. SVS - other line item: Medical Examiner and Court Appointed Attorney fees.  The motion was unanimously approved.

A motion was made by Bob Adkins, seconded by Virginia Meador, to transfer $15,300 to IDA: Enterprise Zone Tax Abatement (Sykes): and landscaping for Verizon facility.  The motion was unanimously approved.                                                                                                                    

IN RE:  PROCLAMATION OF RECOGNITION/POWELL VALLEY MIDDLE SCHOOL AND POWELL VALLEY HIGH SCHOOL

A motion was made by Virginia Meador, seconded by Betty Cornett, that the Board adopt a proclamation recognizing the technology and the parliamentary procedure groups of the SCCLA at Powell Valley Middle School and Amber Smith from Powell Valley High School for their representation of Virginia at the national meet in Philadelphia.   The motion was unanimously approved.

 

BOARD COMMENTS

There was some discussion on the gravel fund balance for this fiscal year.

 

ADJOURN

A motion was made by Robby Robbins, 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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