Board of Supervisors - September 11, 2003 Regular Meeting

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The Wise County Board of Supervisors met in a Regular meeting on Thursday, September 11, 2003 at 6:00 PM 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 Virginia Meador

Honorable Barry Nelson

Honorable Edgar Mullins

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

 

PRAYER

Jim Collie, Campus Minister for UVA Wise led the Board in prayer.

 

PLEDGE ALLEGIANCE TO THE FLAG

All led in the pledge of allegiance.

 

MINUTES

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

 

IN RE:  APPROVAL OF AGENDA

Chairman Stallard read the following additional items that have been requested to be placed on the agenda:

1)  Moral Obligation Agreement Resolution for the South Fork Water Project

2)  Authorize the Chairman to sign the Support Agreement with the VRA for the South Fork Water Project

3)  Moral Obligation Agreement Resolution for the Bull Run Water Project

4)  Authorize the Chairman to Sign the Support Agreement with the VRA for the Bull Run Water Project

5)  Ratify the Mandatory Water Connection Resolution adopted by the PSA.

6)  Certificate of Appreciation/Stan Young (Consent Agenda)

7)  Add 2.2-3711A.7 to Closed Session (Consultation with legal counsel, component units of annual audit and engagement letter)

Chairman Stallard noted that the items requested by the PSA have conflict issues with questions that need to be answered.  He  asked that they not be added to the agenda since they were not presented to the Board for review prior to the meeting.

Jeff Salyers, Chairman of the PSA, stated that if these items are not approved at this meeting, the proposed water projects could be in jeopardy.  He reviewed each item stating that the Mandatory Water Hook Up Resolution is required by VRA prior to any loans being closed.  As per the PSA attorney, this Resolution is only enforced if no approved water system is available.

After further discussion, Jeff Salyers made a motion that these items be added to the agenda.  Betty Cornett seconded the motion.

Aye-     Barry Nelson              Nay-   Doug Stallard

            Edgar Mullins

            Virginia Meador

            Betty Cornett

            Robert Adkins

            Jeff Salyers

            Robby Robbins

 

Jeff Salyers stated that only two projects were before the Board tonight.

 

IN RE:  PUBLIC EXPRESSION

David Stidham, applicant for a Special Use Permit for a recycling/junkyard business, addressed the Board concerning the proposed permit.  The area in which his business will be located is not visible from the road, the flow of traffic will not be a problem from this location, and is located in an M-2 District that is zoned for this type of business.  He noted that the Planning Commission approved his request since it meets all requirements of the Code regarding the recycling/junkyard business.  Also, Mr. Stidham stated that he has an agreement with Ms. Quesenberry that states there will be no batteries, nor toxic waste that would harm the environment.  There are four (4) concrete pads on location if needed.  He asked for the Board's favorable consideration of his request.

Dan McCoy, adjacent property owner, voiced his opposition to the proposed recycling/junkyard business with much concern of environmental pollution.

Leslie Quesenberry asked the Board to consider Mr. Stidham request since it meets all requirements for this proposed business and a lease noting that there will be no toxic substances on the property, and further, the business is not visible from any road.  She noted that the citizens should view this as an environmentally responsible business for the County.  

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

 

IN RE:  ROADS & HIGHWAYS

Highway Resident  Engineer T. G. Branson gave an update on construction throughout the County.

Board members presented needs in their districts for VDOT review.

Administrator Sealover gave a status report on the Williams Bridge.

 

IN RE: CONSENT AGENDA

A motion was made by Bob Adkins, seconded by Robby Robbins, to approve the consent agenda as follows:

 

IN RE: PUBLIC HEARINGS SET FOR OCTOBER 2

1)  Set public hearing on a requested Special Use Permit for a telecommunications facility/cellular tower to be located in the Coeburn area (6:00 pm-October 2)

2)  Set public hearing on a requested Special Use Permit for an adult assisted living facility to be located in an existing structure at 14510 Sandy Ridge Road (6:00pm - October 2)

3)  Set public hearing on a requested Special Use Permit for a private horse training facility to be located at 9737 Norton-Coeburn Road (6:00 pm - October 2)

4)  Set public hearing on a requested Special Use Permit for a family cemetery on approximately acre located at 10906 Highland Avenue in Bold Camp (6:00 pm - October 2)

5)  Set public hearing on proposed Secondary Roads Six-Year Improvement Plan (6:00 pm - October 2)

 

IN RE: RESOLUTION SUPPORTING RE-QUALIFICATION OF THE COALFIELD COALITION

RESOLUTION #        2003

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

 

IN RE: PROCLAMATION HONORING CARL SNODGRASS AS EXPERIENCE WORKS 2003 OUTSTANDING VIRGINIA OLDER WORKER

 

IN RE:  C-N-W CONTRACT AGREEMENT/ADDITIONAL TERMINAL/ANIMAL SHELTER

The Board authorized the County Administrator to negotiate with C-N-W for an additional connector terminal to serve the new Animal Shelter.  

 

IN RE:  SALARIES FOR COUNTY ADMINISTRATOR AND COUNTY ATTORNEY FOR FY 03-04

These salaries were approved upon favorable evaluations.

 

IN RE:  COUNTY ATTORNEY CONTRACT RENEWAL

The Attorney's contract was renewed for another year.

 

IN RE:  CERTIFICATE OF APPRECIATIONS/STAN YOUNG

This certificate is for Mr. Young's Community Services.

 

Budget Amendments

1)  No. 8:     Increase General Fund revenues by $30,500 (grant), deposit in appropriate Health Department line items (arthritis and cancer initiative)

2)  No. 9:    Increase E-911 Fund revenues by $343,421; deposit in various line items of the E-911 Fund

3)  No. 10:  Increase General Fund revenues by $12,672 (re-appropriate grant funds); deposit in appropriate Emergency Services (Civil Defense) line items

The motion to approve the Consent Agenda as listed above was unanimously approved.

 

IN RE:  SPECIAL USE PERMIT FOR RECYCLING/JUNKYARD/PRESTON ROAD

A public hearing was held on September 4 to receive citizens' input on a request from David Stidham for a Special Use Permit for a recycling/junk yard business.  Two individuals voiced their opposition to the proposed permit.

With opposition to the permit, a motion was made by Robby Robbins to table the request until next month to allow him time to view the property.  Virginia Meador seconded the motion.

Edgar Mullins made a substitute motion to approve the request as presented.  Bob Adkins seconded the motion.

There was some discussion concerning the possibility that this may become an automobile graveyard for crushing cars.

Planning Commission member Bob Adkins explained to the Board that this business has met all Code requirements, is located in the proper zone and has been approved by the Planning Commission. 

After further discussion, Mr. Mullins amended his substitute motion to approve the Special Use Permit for recycling/junkyard business with the stipulation that crushing automobiles would not be permitted. 

Aye-  Edgar Mullins     Nay-  Robby Robbins    Abstain - Barry Nelson

         Bob Adkins                Virginia Meador

         Doug Stallard             Betty Cornett 

                                         Jeff Salyers

The motion failed.

Chairman Stallard asked for a vote on the main motion to table the request until next meeting.  The motion was unanimously approved.

Robby Robbins asked for more information from the Planning Commission on the proposed business.

 

IN RE:  ORDINANCE ON THE REAL ESTATE TAX EXEMPTION FOR ELDERLY & DISABLED AMENDMENT

A public hearing was held on September 4 to receive citizens input regarding a proposed amendment on the Real Estate Tax Exemption for Elderly & Disabled Ordinance.  There was no opposition to the proposed amendment.

A motion was made by Betty Cornett, seconded by Bob Adkins, to approve the amendment to the 1979 Ordinance on the Real Estate Tax Exemption for the Elderly & Disabled, setting the due date (October 15) for first time & Hardship applicants who reside in manufactured homes & receive a personal property tax ticket.  The motion was unanimously approved. 

Edgar Mullins made a substitute motion to set the due date on real estate for the elderly and disabled to be due on October 15 too.

The motion died for lack of second.

Attorney Mullins stated that this motion would require another public hearing. 

The motion to approve the main motion as stated above was unanimously approved.

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

 

IN RE:  RESOLUTION NAMING OVERLOOK IN MEMORY OF JAMES ROBINSON

A motion was made by Bob Adkins, seconded by Betty Cornett, to adopt the resolution requesting the naming of the Overlook on US 23 to be "James W. Robinson Memorial Overlook".  The motion was unanimously approved.

RESOLUTION #          2003

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

 

IN RE:  APPOINTMENT/REDEVELOPMENT & HOUSING AUTHORITY

A motion was made by Jeff Salyers, seconded by Virginia Meador, to appoint Sarah Love McReynolds to fill the un-expired term of Wayne Perry on the Redevelopment & Housing Authority.

Aye-  Barry Nelson       Nay-None     Abstain:  Robby Robbins

        Edgar Mullins

        Virginia Meador

        Betty Cornett

        Doug Stallard

        Bob Adkins

        Jeff Salyers

 

IN RE:  APPOINTMENT/SOCIAL SERVICES BOARD

A motion was made by Barry Nelson, seconded by Doug Stallard, to appoint Madonna Moore to the Social Services Board for a term of four (4) years. 

Edgar Mullins made a substitute motion to reappoint LeRoy "Demos" Cantrell to the Social Services Board.  Jeff Salyers seconded the motion.

Some of the Board members that the appointments are to be done by nominations rather than by motion to appoint.  Therefore, Chairman Stallard asked that the motions to appoint be withdrawn.

Barry Nelson withdrew his motion to appoint Madonna Moore.

Doug Stallard withdrew his second.

Edgar Mullins withdrew his substitute motion to reappoint Demos Cantrell.

Jeff Salyers withdrew his second.

Barry Nelson nominated Madonna Moore to the Social Services Board.

Edgar Mullins nominated Demos Cantrell to the Social Services Board.

Bob Adkins moved that the nominations close.  Jeff Salyers seconded the move.  The move was unanimously approved.

All the votes for Madonna Moore being appointed to the Social Services Board were as follows:

Aye-     Barry Nelson              Nay -Edgar Mullins

            Virginia Meador

            Betty Cornett

            Doug Mullins

            Robert Adkins

            Jeff Salyers

            Robby Robbins

 

IN RE:  APPOINTMENT / PLANNING COMMISSION

Barry Nelson nominated Randy Hamilton to the Planning Commission.

Randy Hamilton was nominated to the Planning Commission by unanimous vote.

 

IN RE:  APPOINTMENT / RECREATIONAL AUTHORITY

Edgar Mullins nominated Marcia Shortt to the Recreational Authority.

Barry Nelson nominated Tim Bolling.

Jeff Salyers made a motion that nominations cease.  Barry Nelson seconded the motion.  The motion was unanimously approved.

The votes for Marcia Shortt:

 

Aye- Edgar Mullins     Nay-  Betty Cornett                          Abstain- Doug Stallard

       Bob Adkins                 Virginia Meador

                                       Barry Nelson

                                       Jeff Salyers

                                       Robby Robbins

Motion failed.

 

The votes for Tim Bolling:

Aye-     Barry Nelson              Nay-Edgar Mullins

            Virginia Meador

            Betty Cornett

            Doug Stallard

            Robert Adkins

            Jeff Salyers

            Robby Robbins

 

IN RE:  ADDITIONAL AGENDA ITEMS

Chairman Stallard stated that he would temporarily step down as Chairman for a portion of the remaining meeting.  Vice-Chair Betty Cornett proceeded to chair the meeting.

 

IN RE:  RESOLUTION / MANDATORY WATER CONNECTION

There was some discussion on the possibility of amending the resolution to address only the two water projects before the Board at this time, which is for South Fork and Bull Run. 

Mr. Salyers stated that this mandatory hook up is required by the Code and VRS will require the adoption of this resolution for all future projects.

Attorney Mullins stated that she has not had time to review these documents but it is her understanding that this is now a mandate.  However, as some Board members have suggested, the resolution could be amended to address only the two projects before the Board and still possibly meet the requirements of VRA.

A motion was made by Robby Robbins, seconded by Jeff Salyers to approve the Mandatory Water Hoop Up Resolution for the South Fork and Bull Run Projects only and any future projects will be voted on at another time.

Aye-     Barry Nelson      Doug Stallard did not vote due 
                                                      to lack of information  
            Edgar Mullins                        on the
materials
                                                      before the Board.
            Virginia Meador

            Betty Cornett

            Robert Adkins

            Jeff Salyers

            Robby Robbins

 

IN RE:  RESOLUTION MORAL OBLIGATION AGREEMENT / SOUTH FORK

A motion was made by Jeff Salyers, seconded by Bob Adkins, to adopt the Moral Obligation Agreement Resolution for the South Fork Water Project.  The motion was unanimously approved.

RESOLUTION # _____2003

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

 

IN RE:  SOUTH FORK WATER PROJECT/ SUPPORT AGREEMENT WITH VRA

A motion was made by Jeff Salyers, seconded by Bob Adkins, to approve and authorize the Chairman to sign the Support Agreement with VRA for the South Fork Water Project.  The motion was unanimously approved.

 

IN RE:  RESOLUTION MORAL OBLIGATION AGREEMENT FOR THE BULL RUN WATER PROJECT

A motion was made by Jeff Salyers, seconded by Edgar Mullins, to adopt the Moral Obligation Agreement Resolution for the Bull Run Water Project.  The motion was unanimously approved.

RESOLUTION #                  2003

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

 

IN RE:  SUPPORT AGREEMENT WITH VRA FOR THE BULL RUN WATER PROJECT

A motion was made by Jeff Salyers, seconded by Bob Adkins, to approve and authorize the Chairman to sign the Support Agreement with VRA for the Bull Run Water Project.  The motion was unanimously approved.

 

IN RE:  CLOSED SESSION

A motion was made by Jeff Salyers, seconded by Betty Cornett, to go into closed session as per section 2.2-3711A.6 & A.7 for consultation with legal counsel, component units of annual audit and engagement letter; discuss bids on vehicles and financing of said vehicles.  The motion was unanimously approved.

After a lengthy 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 / CERTIFICATION OF CLOSED MEETING

The certification resolution was read by Jeff Salyers.

A motion was made by Jeff Salyers, seconded by Bob Adkins, to adopt the resolution certifying 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: AWARD OF BID ON VEHICLE

A motion was made by Bob Adkins, seconded by Jeff Salyers, to award the bid on the two (2) small 4x4 SUV's to Witt Motors, the low responsive, responsible bidder ($20,878.00) each.  The motion was unanimously approved.

 

IN RE:  AWARD OF BID ON FINANCING OF VEHICLES

A motion was made by Jeff Salyers, seconded by Virginia Meador, to award the bid on financing the lease purchase of vehicles to BB&T, the low responsive, responsible bidder (2.93%).  The motion was unanimously approved.

 

ADJOURN

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

 

ATTEST:                 WISE COUNTY BOARD OF SUPERVISORS

 

_______________________       ______________________

Clerk                                       Chairman

 

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