Board of Supervisors - November 13, 2003 Regular Meeting

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The Wise County Board of Supervisors met in regular session on November 13, 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 A. Stallard - Chairman

Honorable Betty Cornett - Vice-Chair

Honorable Ronald L. Shortt

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

Robby Robbins led the Board in prayer.

 

PLEDGE ALLEGIANCE TO THE FLAG

All led in the pledge of allegiance to the flag.

 

MINUTES

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

 

IN RE:  APPROVAL OF AGENDA

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

New Business:

1) Increase General Fund revenues by $1,000 (Dept. Fire Programs grant); deposit in allocation to VFD's Appalachia line item

2) Increase revenues by $49,333 (FEMA); of that amount, deposit $16,000 in the Information Technology Improvements Special Fund and the balance ($33,333) in the General Fund, reserve for emergencies/contingency line item.

3) Convene closed meeting:  negotiate settlement regarding Big Stone Gap annexation (15.2-2907D)

4) Appointment to the Southwest Regional Jail Authority

A motion was made by Robby Robbins, seconded by Virginia Meador, to approve the agenda with the additions as noted.  The motion was unanimously approved.

 

IN RE:  PUBLIC EXPRESSION

Arnie Riggs voiced his opposition to the proposed Special Use Permit for a recycling/junkyard business to be located at 2314B Preston Road in Big Stone Gap. He recommended that the Board have a geological survey done because of the caves in that area.

Dan McCoy, adjacent property owner, voiced his opposition to the proposed recycling/junkyard.

David Stidham, applicant, informed the Board that Wise County Building Official Robert Mullins has officially stated that a study has already been done and all DEQ requirements have been met for this Special Use Permit.  He asked the Board to review his request and see that he has met all the requirements and to give favorable consideration to his request.

Jan Brewer, representing the Appalachia Clean Team, addressed the Board regarding the needed beautification for the Town of Appalachia and the surrounding communities.  She asked for funds to: 1) purchase new planters and benches 2) support educational activities and contests at Appalachia Elementary and Appalachia High School for litter awareness, recycling, and beautification 3) continue to sponsor litter clean-up efforts for the town and communities 4) promote recycling in the communities and schools.  Ms. Brewer reviewed the sources of revenue that have been secured to fund this program.  She asked the Board for a financial donation of $1,000 or any amount would be appreciated.

 

IN RE:  ROADS AND HIGHWAYS

Kenny Robinson, representing VDOT in the absence of Highway Resident Engineer T.G. Branson, gave the Board an update on construction throughout the County.

 

IN RE:  RESOLUTION APPROVING SIX YEAR PLAN

A motion was made by Edgar Mullins, seconded by Bob Adkins, to approve the resolution approving the 2004-2005 Thru 2009-2010 Secondary Road Six Year Plan.  The motion was unanimously approved.

RESOLUTION #           2003

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

Board members presented needs in their districts for VDOT review and comments.

 

IN RE:  CONSENT AGENDA

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

 

IN RE:  PROCLAMATION WISE COUNTY GEOGRAPHIC INFORMATION SCIENCE DAY

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

 

IN RE:  PERSONAL PROPERTY TAX REFUND

Refund to Hansel D. Fleming in the amount of $4,865.45 for erroneously assessed l998 & l999 tangible property.

 

IN RE:  AGREEMENT BETWEEN WISE COUNTY/STILL PRODUCTIONS

Agreement between Wise County and Still Productions for operating a channel for the broadcast of local public programming.

 

IN RE:  RESOLUTION VANDIVER ROAD

A resolution of support for Vandiver Road located in Coeburn.

RESOLUTION #           2003

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

The motion to approve the consent agenda was unanimously approved.

 

IN RE: ORDINANCE #1-1980 (MASSAGE PARLORS, ETC) AMENDMENT

A public hearing was held on November 6 to receive citizens' comments regarding a proposed amendment to County Ordinance #1-1980 (Massage Parlors, etc).  There was no opposition to the proposed amendment.

A motion was made by Betty Cornett, seconded by Edgar Mullins, to approve the amendment to Ordinance #1-1980 (Massage Parlors, etc) that will provide an exemption from the opposite sex ban for a licensed therapist. The motion was unanimously approved.

ORDINANCE #1-1980 AMENDMENT

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

 

IN RE:  E-911 ROAD NAMES

A public hearing was held on November 6 to receive citizens' comments regarding thirty (30) proposed E-911 road names previously unnamed.

There was no public opposition to the proposed names.

A motion was made by Jeff Salyers, seconded by Betty Cornett, to approved the thirty (30) proposed E-911 road names as presented.  The motion was unanimously approved.

 

IN RE:  SPECIAL USE PERMIT / DAVID STIDHAM

A motion was made by Edgar Mullins, seconded by Bob Adkins, to approve the Special Use Permit for a recycling/junkyard business to be located at 2314-B Preston Road in Big Stone Gap.

Virginia Meador asked that the restrictions placed on the Special Use Permit for the junkyard in Coeburn for Greg Norris be placed on this Special Use Permit for Mr. Stidham also.  She asked that the County Attorney read those restrictions to the Board.

Attorney Mullins stated that the following list was a proffer in the request by Greg Norris, a previous applicant for a Special Use Permit.  She stated that Mr. Stidham previously said that he would be willing to accept some restrictions to his permit.  In the previous case for Mr. Norris, the following proffers were made: 1) an inventory of materials on site and of those accepted were to be documented and made available to the Board of Supervisors; 2) any petroleum products would be drained from any equipment, hoses, tanks or engines brought to the site; 3) no fire arms discharged on the property; 4) and certain fencing for area of which conditions would be enforceable by the Zoning Ordinance and the Zoning Administrator.  

Ms. Meador stated that the fencing would not be a necessary requirement but the other requirements should apply to this Special Use Permit also. 

Chairman Stallard pointed out that the applicant must make a proffer not the Board.

Attorney Mullins stated that she understood Mr. Stidham to say, at the previous meeting of the Planning Commission, that he did not intend to have automobiles or old vehicles on the site and he would be agreeable to come back to the Board of Supervisors and have that language added to his Special Use Permit.  She further noted that in the contract with the landowner, there are certain restrictions also. 

Attorney Mullins recommended that Mr. Stidham present his proffer in writing that could be attached to the Special Use Permit.

Betty Cornett asked that a written statement be given to the Board prior to any vote.  She eluded to the previous request that had been made by Arnie Rigg for a similar business and the Board denied his request.  At this point in time, she was unsure as to the requirements that DEQ may have regarding this Special Use Permit.  Ms. Cornett feels that the Board needs to have a study made of the site and have DEQ's input prior to approving this request.  She read the following statement asking that it be included in the minutes: " The property owner, under the law, is responsible for any environmental problem arising on their property for each and all uses on the premises."

Bob Adkins, member of the Planning Commission, stated that this has been under extensive study by DMME several times and will be regulated by DEQ.  The area has also been thoroughly inspected by the Zoning Administrator and has met all requirements for this Special Use Permit.

After further discussion, Mr. Mullins amended his motion, and Mr. Adkins amended his second, to approve the Special Use Permit contingent to Mr. Stidham presenting to the County Administrator, his proffer, in writing, that he will drain liquids and not bring automobiles on the site without another Special Use Permit being issued. 

Aye-     Edgar Mullins              Nay-  Betty Cornett

            Ronnie Shortt  

            Virginia Meador

            Doug Stallard

            Bob Adkins

            Robby Robbins

            Jeff Salyers

 

IN RE:  APPOINTMENT / PSA

A motion was made by Edgar Mullins, seconded by Ronnie Shortt, to appoint Jim Flanary to the PSA Board for a term of four (4) years.  The motion was unanimously approved.

 

IN RE:  APPOINTMENT / GREAT SOUTHWEST GROUP HOME COMMISSION-29TH JUDICIAL DISTRICT

A motion was made by Jeff Salyers, seconded by Robby Robbins, to reappoint Michael Mullins to the Great Southwest Group Home Commission - 29th Judicial District for a term of four (4) years.  The motion was unanimously approved.   

 

IN RE:  APPOINTMENT PLANNING COMMISSION

A motion was made by Bob Adkins, seconded by Jeff Salyers, to table the Planning Commission appointment until next month.  The motion was unanimously approved.

 

IN RE:  APPOINTMENT HIGHLANDS JUVENILE DETENTION CENTER COMMISSION

A motion was made by Ronnie Shortt, seconded by Edgar Mullins, to appoint Dawn Gilbert to represent Wise County on the Highlands Juvenile Detention Center Commission.  The motion was unanimously approved.

 

IN RE:  APPOINTMENT REGIONAL JAIL AUTHORITY

Chairman Stallard stated that he has resigned from the Southwest Regional Jail Authority as of this date and made a motion that Bob Adkins be appointed in his stead.  Jeff Salyers seconded the motion.  The motion was unanimously approved.

 

IN RE:  FISCAL STATUS REPORT

Administrator Sealover briefed the Board on the fiscal status report through the month of October.

 

BOARD COMMENTS

There were brief comments made by Board members.

 

RECESS

The Board took a brief recess at 6:55 pm.

The Board reconvened at 7:00 pm.

 

IN RE:  CLOSED SESSION

A motion was made by Robby Robbins, seconded by Bob Adkins, to go into closed session to negotiate settlement regarding Big Stone Gap Annexation as permitted by section 15.2-2907 D of the Code of Virginia.   The motion was unanimously approved.

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

 

IN RE:  RESOLUTION - CLOSED SESSION

The certification for closed session was read by Robby Robbins.

A motion was made by Robby Robbins, seconded by Jeff Salyers, to adopt 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:  CLOSED SESSION

A motion was made by Jeff Salyers, seconded by Bob Adkins, to go into closed session to discuss boundary adjustment for the City of Norton as permitted by section 15.2-2907 D of the Code of Virginia.  The motion was unanimously approved.

After a brief 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

The certification for closed session was read by Robby Robbins.

A motion was made by Robby Robbins, seconded by Jeff Salyers, to adopt 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)

 

ADJOURN

There being no further business, 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

 

_____________________       _______________________

Edward L. Sealover- Clerk       Douglas A. Stallard - Chairman

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