| The
Wise County Board of Supervisors met in regular session on
Thursday, July 13, 2000, at 6:00 p.m. in the Board of Supervisors
meeting room located in the Wise County courthouse.
The following were present:
Honorable
Robert Adkins-Chairman
Honorable
Virginia Meador-Vice-Chair
Honorable
Douglas Mullins
Honorable
Edgar Mullins
Honorable
Betty Cornett
Honorable
Douglas Stallard
Honorable
Donnie Dowell
Honorable
Jeffrey Salyers-members of said Board and
Shannon
C. Scott-Acting County Administrator
Karen
Mullins- County Attorney
Annette
Underwood-Executive Secretary
PRAYER
Rev.
Clyde Roop, Pastor Lone Pine Chapel Church, Pound, VA led
the Board in prayer.
PLEDGE
ALLEGIANCE TO THE FLAG
MINUTES
A motion
was made by Doug Stallard, seconded by Betty Cornett, to
approve the minutes as presented.
The motion was unanimously approved.
IN
RE: APPROVAL
OF AGENDA
Administrator
Scott asked that the following items be placed on the agenda:
- Authorize
the Chairman to go out for bid on the police cars
- Appoint
Committee to review bids and award bids
A motion
was made by Doug Stallard, seconded by Betty Cornett, to
approve the agenda with the additions as listed above.
The motion was unanimously approved.
IN
RE: PRESENTATION
OF PLAQUES
Chairman
Adkins presented plaques of Appreciation to Eugene Brooks,
Harold Jackson and Gene Orr, former surviving members of
the l969 Board of Supervisors noting their vision and great
wisdom in preparing for the economic welfare of Wise County
and its citizens. The plaque for the late John Mc Kilgore was hung in the meeting
room of the Board of Supervisors.
A motion
was made by Doug Stallard, seconded by Betty Cornett, to
approve the resolution of appreciation honoring the former
l969 Board of Supervisors.
The motion was unanimously approved.
RESOLUTION
#____________2000
(Said
resolution is on file in the County Administrator's Office)
IN
RE: RESOLUTION
OF APPRECIATION/JAMES ADKINS
Chairman
Adkins presented a resolution of appreciation to Clara Adkins,
wife of the late James Adkins, for his thirty-six years
of dedication as a law enforcement officer in Wise County
and his leadership as Sheriff for four years.
A motion
was made by Jeff Salyers, seconded by Virginia Meador, to
approve the resolution honoring the late James Adkins.
The motion was unanimously approved.
RESOLUTION
#
2000
(Said
resolution is on file in the County Administrator's Office)
IN
RE: PUBLIC
EXPRESSION
There
was no one to speak during public expression.
IN
RE: VDOT
PAYMENT
A motion
was made by Doug Stallard, seconded by Jeff Salyers, to
approve the VDOT payment in the amount of $1,092.05 for
work done on roads throughout Wise County to be paid from
the Coal & Gas Road Fund.
The motion was unanimously approved.
IN
RE: GRAVEL
PAYMENT
A motion
was made by Jeff Salyers, seconded by Virginia Meador, to
approve the gravel payments to Vulcan Materials in the amount
of $3,991.86 and $2,498.06 to Dwale Development for gravel
placed on roads throughout Wise County to be paid from the
Coal & Gas Road Fund.
The motion was unanimously approved.
IN
RE: MEETING
PAYMENTS
A motion
was made by Donnie Dowell, seconded by Doug Mullins, to
approve the meeting payments in the amount of $75.00 for
attending the meeting of 6-15-00 to be paid from the Coal
& Gas Road Fund.
The motion was unanimously approved.
IN
RE: RESOLUTION/GATEWAY
ACRES SUBDIVISION
A motion
was made by Doug Stallard, seconded by Jeff Salyers, to
approve the resolution approving the addition of the Gateway
Acres Subdivision located on Birchfield Road into the secondary
system of state highways.
The motion was unanimously approved.
RESOLUTION
#______2000
(Said
resolution is on file in the County Administrator's Office)
IN
RE: COAL & GAS ROAD ANNUAL PLAN AMENDMENT
A letter
was received from the Wise County IDA requesting the transfer
of approximately $82,750.00 from the primary road which
divides the Technology Park to be used as industrial access
road funds for the industry now going into the Technology
Park. After reviewing this request, it was recommended that
the Board of Supervisors be asked to consider this transfer
subject to approval of the Coal & Gas Road Committee.
Doug
Stallard made a motion to approve the amendment to the Coal
& Gas Annual Road Plan for FY 2000-2001 whereby $82,750.00
be transferred from Rt. 723 for industrial access for the
LP Technology Park subject to the approval of the Coal &
Gas Road Committee.
Doug Mullins seconded the motion.
The motion was unanimously approved.
IN
RE: VDOT
REMARKS
Mr.
Banson briefed the Board on upcoming meetings regarding
roads throughout Wise County.
IN
RE: ST.
MARY'S HEALTH WAGON/
REMOTE AREA MEDICAL
Teresa
Gardner gave the Board a brief update on the St. Mary's
hospital health wagon presently located at the Lonesome
Pine Airport for the purpose of doing free medical and dental
for the underprivileged, the working poor, and the unemployed.
She explained there is $2300.00 outstanding in expenses
that need to be paid immediately.
She asked the Board for a generous contribution to
meet this need.
Doug
Mullins made a motion to contribute, from the $5,000.000
unanticipated monies set aside from the County-Wide Discretionary
funds, $2300.00 to the St. Mary's Hospital Health Wagon
for needed expenses.
Donnie Dowell seconded the motion.
Doug
Stallard made a friendly amendment to the motion to have
Ms. Gardner approach the City of Norton and the towns to
ascertain whether or not they could contribute to this effort
since it involves the whole county as well as the towns.
Mr.
Mullins accepted the amendment.
The
motion was unanimously approved.
IN
RE: REZONING/HUDSON
BRANHAM
Chairman
Adkins advised that the Planning Commission held a public
hearing regarding Hudson Branham's request to rezone 6.5
acres of land located at 8241 South Mountain Road in the
Pound section of Wise County with no pubic opposition.
There being no public opposition at the public hearing,
the request was returned to the Board of Supervisors with
a recommendation for approval.
The
Board of Supervisors also held a public hearing on Mr. Hudson's
request and there was no public opposition other than the
verbal comments that were made to Doug Mullins in opposition
to the proposed rezoning.
Doug
Mullins stated that in his opinion, rezoning an A-RR District
to a B-1 district is not acceptable.
The purpose of zoning is to protect the citizens
and to separate residential from business.
His concern is not because of Mr. Branham's request
for the proposed nursery, but in the event the property
is sold to another party and a different type of business
is placed there that is permitted in the B-1 District. Mr. Mullins noted that others in the community oppose the rezoning
but would not come forward.
After
further discussion, a motion was made by Doug Mullins to
deny the request from Hudson Branham to rezone the 6.5 acres
of land. Donnie
Dowell seconded the motion.
After
further discussion, Doug Stallard made a substitute
motion to lay this request on the table for ninety days,
subject to the County Attorney's review of the time frame,
which would give the Planning Commission time to amend the
County's Zoning Ordinance regarding conditional zoning.
Jeff Salyers seconded the motion.
Aye-Betty
Cornett Nay-Doug Mullins Abstain- Edgar Mullins
Virginia Meador
Donnie Dowell
Robert Adkins
Douglas Stallard
Jeffrey Salyers
The
motion carried.
Donnie
Dowell questioned the possibility of litigation from the
applicant.
Attorney
Mullins advised that the County has the option to table,
approve or disapprove a request within a reasonable time
frame.
IN
RE: REZONING
PEGGY ADAMS
A public
hearing was held on July 6th to receive citizens' comments
regarding a request from Peggy Adams to rezone 3.41 Acres
of land from an A-RR District to a B-2 District for the
purpose of placing two billboards for advertising.
There was no public opposition to this request.
A motion
was made by Edgar Mullins, seconded by Doug Mullins, to
approve Peggy Adam's request to rezone 3.41 acres of land
as stated above. The
motion was unanimously approved.
IN
RE: DERBY REVITALIZION
PROJECT
A motion
was made by Donnie Dowell, seconded by Jeff Salyers, to
accept the "Just-in-Time" grant for revitalization programs
in Derby and to authorize the County Administrator to sign
any and all the contract documents for said project.
The motion was unanimously approved.
A motion
was made by Donnie Dowell, seconded by Jeff Salyers, to
authorize the County Administrator to advertise for RFP's
for engineering services for said project and to award said
contract. The
motion was unanimously approved.
IN
RE: APPOINTMENT-LP
LIBRARY BOARD OF TRUSTEES
A motion
was made by Doug Stallard, seconded by Jeff Salyers, to
appoint Carol Sue Gilbert to the LP Library Board of Trustees
for a term of four years.
The motion was unanimously approved.
IN
RE: APPOINTMENT-PLANNING
COMMISSION
A motion
was made by Virginia Meador, seconded by Betty Cornett,
to appoint Edwin Roop to the Planning Commission for a term
of four years. The
motion was unanimously approved.
IN
RE: APPOINTMENT
- RECREATIONAL AUTHORITY
A motion
was made by Doug Stallard, seconded by Donnie Dowell, to
reappoint Hub Gray to the Recreational Authority for a term
of four years. The
motion was unanimously approved.
IN
RE: APPOINTMENT-REDEVELOPMENT
AND HOUSING AUTHORITY
A motion
was made by Virginia Meador, seconded by Betty Cornett,
to reappoint James R. Johnson to the Redevelopment and Housing
Authority for a term of four years.
The motion was unanimously approved.
A motion
was made by Donnie Dowell to reappoint Johnnie Ramey to
the Redevelopment and Housing Authority.
Jeff
Salyers nominated Albert Elkins to the Redevelopment and
Housing Authority.
There
being no further nominations, the nominations ceased.
Chairman
Adkins asked for a vote on reappointing Johnnie Ramey to
the Redevelopment and Housing Authority.
Aye-Donnie
Dowell
Doug Mullins
Edgar Mullins
The
motion failed.
Chairman
Adkins asked for a vote on Albert Elkins being appointed
to the Redevelopment and Housing Authority for a term of
four years.
Aye:
Betty Cornett
Virginia Meador
Jeff Salyers
Bob Adkins
Doug Stallard
The
motion carried.
IN
RE: APPOINTMENT
-BUILDING CODE AND APPEALS BOARD
A motion
was made by Donnie Dowell, seconded by Jeff Salyers, to
reappoint Walter Lawson, Jr. to the Building Code and Appeals
Board for a term of five years.
The motion was unanimously approved.
IN
RE: APPOINTMENT-LENOWISCO
BOARD OF DIRECTORS
Chairman
Adkins advised that a letter had been received from Ron
Flanary of LENOWISCO explaining that Roy Robertson, due
to a clerical error, had been incorrectly documented for
a two year term on the LENOWISCO Board of Directors instead
of a three year term.
According to Mr. Flanary, Mr. Robertson has one more
year to serve for a term to end June 30, 2001.
After
discussion, no action was taken until the Board minutes
could be researched regarding this appointment.
IN
RE: APPOINTMENT-CONNECTOR
ROAD COMMITTEE
Chairman
Adkins appointed the following committee to review the Connector
Road RFP's and bring a recommendation back to the Board:
Jeff
Salyers
T. G.
Branson-VDOT
County
Administrator
Chairman
IN
RE: RESOLUTION-COMMUNITY
SERVICES BOARD PERFORMANCE CONTRACT
A motion
was made by Doug Stallard, seconded by Donnie Dowell, to
adopt the resolution approving the Planning District One
Community Services Board FY 2001 Performance Contract.
The motion was unanimously approved.
RESOLUTION
#
2000
(Said
resolution is on file in the County Administrator's Office)
IN
RE: JUDICIAL
SALE/ATTORNEY FEES
A motion
was made by Donnie Dowell, seconded by Jeff Salyers, to
approve the payment of $125.00 payable to Daniel Fast for
attorney fees for Judicial Sale.
Aye-Doug
Stallard
Nay-Edgar Mullins
Betty Cornett
Doug Mullins
Robert Adkins
Donnie Dowell
Jeff Salyers
Virginia Meador
IN
RE: JUDICAL
SALE/ALLOCATION
A motion
was made by Doug Stallard, seconded by Donnie Dowell, to
approve the allocation of $20,000 payable to Daniel Fast
to be used for the remaining part of the cost of title searches
for the Judicial Sale.
Aye-Doug
Mullins
Nay-Edgar Mullins
Betty Cornett
Robert Adkins
Doug Stallard
Donnie Dowell
Jeff Salyers
Virginia Meador
IN
RE: RESOLUTION-BEARING
OF FIREARMS
A motion
was made by Jeff Salyers, seconded by Betty Cornett, to
adopt a resolution supporting the constitutional right of
all law-abiding citizens in the United States of America
to keep and bear firearms.
The motion was unanimously approved.
RESOLUTION
#
2000
(Said
resolution is on file in the County Administrator's Office)
IN
RE: E-911 ROAD
NAMES
A motion
was made by Jeff Salyers to set a public hearing on August
3, 2000, at 6:05 p.m. to receive citizens comments regarding
a list of new proposed E-911 road names.
Donnie Dowell seconded the motion.
The motion was unanimously approved.
IN
RE: WATER SERVICE
DUE TO DROUGHT CONDITIONS
Chairman
Adkins appointed the following committee to study the water
problems throughout the county associated with drought conditions:
Donnie
Dowell-Representing PSA
Alex
Knox - Representing EOC
Bob
Adkins-Director of EOC
Shannon
Scott-County Administrator
IN
RE: RESOLUTION
- AMTRAK RAIL SERVICE
A motion
was made by Virginia Meador, seconded by Donnie Dowell,
to approve the resolution supporting the proposed "Trans-Dominions
Express" and Amtrak railway service linking Bristol with
Washington, D.C., and Richmond, VA.
The motion was unanimously approved.
RESOLUTION
#
2000
(Said
resolution is on file in the County Administrator's Office)
IN
RE: APPROPRIATIONS/FIRST
QUARTER
A
motion was made by Doug Stallard, seconded by Jeff Salyers,
to approve the first quarter appropriations as presented.
The motion was unanimously approved.
IN
RE: LEGAL COUNSEL/POTENTIAL
ANNEXATION SUITE
Chairman
Adkins stated that the county has received two letters from
potential legal firms that would be available to represent
the county as counsel in the event the Town of Big Stone
Gap pursues its proposed boundary adjustment/annexation
suite.
Betty
Cornett stated that the vast majority of the people affected
by the proposed boundary adjustment/annexation have spoken
against it. Therefore,
she in agreement to hire the best attorney possible to represent
the County. She
asked that a background check be done on those firms that
have submitted a proposal to represent the county with a
count on how many annexation cases they have been involved
in to include wins and losses.
Virginia
Meador voiced her support of Ms. Cornett's request.
IN
RE: COUNTY
PROPERTY / R-O-W EASEMENT
Attorney
Mullins advised that James "Joe" Mullins a resident of the
Pound area has approached the County concerning a possible
easement through a portion of county property for the purpose
of constructing a road to the Cantrell Cemetery.
Attorney Mullins noted that a public hearing must
be held on the R-O-W easement and to date she has not received
a description of the county property from Mr. Mullins.
After
discussion, a motion was made by Doug Mullins, seconded
by Doug Stallard, to table this request for thirty days
for further information.
Edgar
Mullins made a substitute motion to hold the public hearing.
Administrator
Scott stated that the Board has agreed that no public hearings
will be held without full documentation regarding the purpose
of the public hearing is available for review by the Board.
Edgar
Mullins withdrew his motion.
The
main motion to table the request for thirty days was unanimously
approved.
IN
RE: APPROPRIATIONS
/ SOCIAL SERVICES
A motion
was made by Donnie Dowell, seconded by Jeff Salyers, to
approve an appropriation of $54,550.00 to the Wise County
Social Services Budget for FY 2000-2001 to be reimbursed
by the State in the amount of $40,913.00 and the LP Office
on Youth in the amount of $13,637.00.
The motion was unanimously approved.
IN
RE: PAYMENT
OF ACCOUNTS
A motion
was made by Donnie Dowell, seconded by Doug Mullins, to
approve the payment of accounts as presented.
The motion was unanimously approved.
IN
RE: E-911
PAYMENTS
A motion
was made by Jeff Salyers, seconded by Donnie Dowell, to
approve the E-911 payments as presented. The motion was unanimously approved.
IN
RE: BLACKWOOD
LANDFILL ENTERPRISE PAYMENTS
A motion
was made by Jeff Salyers, seconded by Doug Stallard, to
approve the Blackwood Landfill Enterprise payments as presented.
The motion was unanimously approved.
IN
RE: ENTERPRISE
FUND PAYMENTS
A motion
was made by Doug Mullins, seconded by Doug Stallard, to
approve the Enterprise Fund payments as presented.
The motion was unanimously approved.
IN
RE: BIDS/SHERIFF'S
DEPARTMENT VEHICLES
Administrator
Scott stated that he had been approached by the Sheriff's
Department for authorization to advertise for bids for police
vehicles for the Sheriff's Department.
Mr. Scott said that in the past this type of bidding
has been done by the County Administrator on behalf of the
Board of Supervisors for the Sheriff's Department vehicles.
He further asked that a committee be appointed to
review the bids; three appointed from the Sheriff's Office,
two from the Board and the County Administrator.
Jeff
Salyers made a motion to authorize the County Administrator
to advertise for bids on vehicles for the Sheriff's Department.
Doug Mullins seconded the motion.
There
was some discussion whether or not the Sheriff's Department
could advertise for bids on the vehicles without the County
Administrator's Office being involved.
Attorney
Mullins explained that in the past, bidding on the police
cars have always been bid through the County Administrator's
Office in coordination with the Sheriff's Department.
However, she could check the code to ascertain whether
or not there would be any reason the Sheriff could not do
his own bidding and advertisement
After
further discussion, and with several unanswered questions,
it was the consensus of the Board to have Attorney Mullins
do some research for further information on this bidding
process and bring the information back to the Board after
the closed session.
Jeff
Salyers withdrew his motion.
Doug
Mullins withdrew his second.
IN
RE: BOARD
COMMENTS
There
were comments from several Board members.
RECESS
There
was a brief recess taken at 7:50 p.m.
The
meeting reconvened at 8:10 p.m.
Edgar
Mullins left the meeting at this time.
IN
RE: CLOSED
SESSION
A motion
was made by Doug Stallard, seconded by Jeff Salyers, to
go into closed session to discuss the position of County
Administrator. The
motion was unanimously approved.
After
a lengthy closed session, a motion was made by Donnie Dowell,
seconded by Doug Stallard, to reconvene the regular meeting.
The motion was unanimously approved.
IN
RE: RESOLUTION
/ CLOSED SESSION
A motion
was made by Donnie Dowell, seconded by Jeff Salyers, to
approve the resolution verifying matters discussed while
in closed session.
The motion was unanimously approved by roll call
vote.
RESOLUTION
#
2000
(Said
resolution is on file in the County Administrator's Office)
IN
RE: SHERIFF'S
DEPARTMENT VEHICLE
Attorney
Mullins reported that the Board has the option of doing
the advertising for the Sheriff's Department for the police
cars or the process can be done by the Sheriff's Department.
After
discussion, a motion was made by Jeff Salyers to delegate
all responsibilities for purchasing the Sheriff's Department
vehicles to the Sheriff's Department.
Betty Cornett seconded the motion.
The motion was unanimously approved.
It was
noted that the County Administrator would be available to
assist in the bidding process if needed.
ADJOURN
A motion
was made by Doug Stallard, seconded by Jeff
Salyers, to adjourn the meeting.
The motion was unanimously approved.
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