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The
Wise County Board of Supervisors met in regular session
on Thursday, August 10, 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
Doug Mullins
Honorable
Edgar Mullins
Honorable
Betty Cornett
Honorable
Doug Stallard
Honorable
Donnie Dowell - members of said Board and
Shannon
C. Scott-Acting County Administrator
Karen
Mullins-County Attorney
Annette
Underwood-Executive Secretary
ABSENT
Honorable
Jeffrey Salyers
PRAYER
Rev.
Garrett Shelton, Pastor Nash Chapel Church, led the Board
in prayer.
PLEDGE
ALLEGIANCE TO THE FLAG
MINUTES
A
motion was made by Doug Stallard, seconded by Donnie Dowell,
to approve the minutes as presented.
The motion was unanimously approved.
IN
RE: APPROVAL
OF AGENDA
Chairman
Adkins asked for deletions or additions to the agenda.
Administrator
Scott informed the Board that an emergency has occurred
with the elevators in the courthouse.
One elevator is completely out of order with the
other one working on a "band aid".
Thyssen General Elevator has responded to this
emergency with an approximate cost of $26,882.00 to repair
both elevators with an up-front payment of 50% of said
payment ($13,441.00). Mr. Scott asked that this payment
be placed on the agenda for approval.
A
motion was made by Doug Stallard, seconded by Donnie Dowell,
to approve the agenda as presented to include the additions
as presented by Administrator Scott.
The motion was unanimously approved.
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 Virginia
Meador, to approve the VDOT payment in the amount of $1,396.89
for work done on roads throughout Wise County to be paid
from the Coal & Gas Road Improvement Fund.
The motion was unanimously approved.
IN
RE: GRAVEL
PAYMENT
A
motion was made by Donnie Dowell, seconded by Betty Cornett,
to approve the gravel payments in the amount $8,748.41
for gravel placed on roads throughout Wise County to be
taken from the Coal & Gas Road Improvement Fund.
The motion was unanimously approved.
IN
RE: PSA
PAYMENT
A
motion was made by Doug Mullins, seconded by Virginia
Meador, to approve a contribution of $581,000 to Wise
County PSA to be used for water projects in Wise County
to be paid from the Coal & Gas Road Improvement Funds.
The motion was unanimously approved.
IN
RE: RESOLUTION AMENDING ANNUAL PLAN FOR ROADS & BRIDGES/
INDUSTRIAL ACCESS ROAD FUNDS/SYKES BOULEVARD
T.
G. Branson, Highway Resident Engineer, informed the Board
that the Coal & Gas Road Committee had met this evening
at 5:00 p.m. at which time approval was given to amend
the Wise County Coal and Gas Road Improvement Plan for
July 1, 2000 through June 30, 2001 whereby funds in the
amount of $82,750.00 were made available for improvement
of Route 723 for the construction of the Industrial Access
Road.
A
motion was made by Donnie Dowell, seconded by Doug Mullins,
to approve the resolution approving the amendment of the
Wise County Coal and Gas Road Improvement whereby funds
in the amount of $82,750.00 were made available for the
construction of the Industrial Access Road (Sykes Boulevard).
The motion was unanimously approved.
RESOLUTION
#
2000
(Said
resolution is on file in the County Administrator's Office)
IN
RE: STADIUM
TURNING LANE PROJECT/CHANGE ORDER
A
motion was made by Doug Stallard, seconded by Donnie Dowell,
to approve change order #1 for the Stadium Turning Lane
Project on Dardin Drive.
The motion was unanimously approved.
VDOT
REMARKS
T.
G. Branson, Highway Resident Engineer, gave a brief update
on upcoming events in road construction throughout Wise
County.
IN
RE: RESOLUTION/AMENDMENT
TO WISE COUNTY COAL AND GAS ROAD IMPROVEMENT PLAN FOR
JULY 1, 2000 - JUNE 30, 2001
A
motion was made by Donnie Dowell, seconded by Doug Mullins,
to approve the resolution amending the Wise County Coal
and Gas Road Improvement Plan whereby $125,000 is allocated
as local matching funding for the ARC grant for the Ramsey-Wise
Connector Road. The motion was unanimously approved.
RESOLUTION
#
2000
(Said
resolution is on file in the County Administrator's Office)
IN
RE: BLACKWOOD
LANDFILL UPDATE
Administrator
Scott reminded the Board that Bill King had verbalized
at the workshop several recommendations that he felt the
County should do regarding the inclusion of the Blackwood
Landfill early closure of 2020.
He asked for action from the Board regarding these
recommendations that will hopefully exclude the Blackwood
facility from those facilities that are being considered
for early closure.
Mr. Scott stated that there was no indication from
Mr. King that there would be any additional cost for these
services from Thompson & Litton.
A
motion was made by Doug Stallard, seconded by Donnie Dowell,
to authorize T&L to work with DEQ on getting the Blackwood
Landfill excluded from those facilities that are being
considered for early closure.
The motion was unanimously approved.
IN
RE: APPALACHIA
LANDFILL UPDATE
Scott
Wilson, representing Dewberry & Davis, reported that
bids had been received on July 18th for the
Appalachia Landfill closure project with negotiations
currently being made with the low bidder.
Mr. Wilson noted that the Consent Order requires
that the County be under construction in August of this
year with construction ending in November of this year.
He asked the Board to authorize either the chairman
or the county administrator to execute a contract as soon
as negotiations are completed.
A
motion was made by Donnie Dowell to authorize the chairman
and/or the County Administrator to execute the Contract
to proceed in compliance with the Consent Order subject
to the County Attorney's review.
Virginia Meador seconded the motion.
The motion was unanimously approved.
Mr.
Wilson spoke regarding the need for a Construction Quality
Assurance (CQA)
Consultant for the Appalachia project. For landfill projects,
DEQ requires that someone be on site during construction
to certify that things have been done correctly and to
do further testing.
DEQ also requires that the CQA Consultant not be
hired by the contractor.
The contracts are written in such a manner that
the owner, Wise County, could hire the CQA consultant.
Mr.
Wilson noted he could do the inspections but not the soil
testing. If Dewberry & Davis had to subcontract the
soil testing, 15% of the price charged by that agency
would be charged by Dewberry & Davis to the County.
Rather than have Dewberry & Davis doing the
inspections and another agency doing the soil testing,
quotes were requested from agencies that could do both
jobs. Quotes were received from RLS & Company out
of Abingdon and Marshall Miller out of Bluefield with
the quote from RLS Company being the lowest.
Mr.
Wilson asked that the contract be approved contingent
upon the construction contract being awarded.
A
motion was made by Donnie Dowell, seconded by Doug Stallard,
to approve the contract with RLS & Company contingent
upon the construction contract being awarded.
The motion was unanimously approved.
IN
RE: R-O-W
EASEMENT/CEMETERY ROAD-POUND AREA
Attorney
Mullins reported that she had spoken to a representative
of Clinchfield regarding the property that James Mullins
has asked for a R-O-W through which is located in the
Pound section of Wise County.
Seman Kendricks, surveyor for Clinchfield, has
also been contacted for a survey of said property.
Clinchfield has agreed that if there is any question
as to whether or not this is left over land that is to
be returned to them, they will sign off on the document
too.
A
motion was made by Donnie Dowell, seconded by Doug Mullins,
to hold a public hearing on September 7, 2000, at 6:05
p.m. for citizens comments regarding a proposed R-O-W
through a portion of County property located in the Pound
section of Wise County for the purpose of providing a
road to the Cantrell Cemetery.
The motion was unanimously approved.
IN
RE: BIG STONE
GAP PROPOSED ANNEXATION/LEGAL COUNSEL
Administrator
Scott reviewed the letters from Dan Siegel, Edward Plunket
and Richard Cranwell, regarding their availability as
legal counsel for the proposed Big Stone Gap annexation
suit.
After
discussion, it was the consensus of the Board to await
action from Big Stone Gap before retaining legal counsel
for the county.
IN
RE: WORLD
WAR II MEMORIAL
A
motion was made by Edgar Mullins, seconded by Doug Stallard,
to contibute $500.00 from the County Wide Discretionary
Fund toward the National World War II Memorial.
The motion was unanimously approved.
IN
RE: E-911
ROAD NAMES
A
public hearing was held on August 3, 2000, to receive
citizens comments regarding the proposed E-911 road names
(previously unnamed).
There
was no opposition to the proposed names at the public
hearing.
A
motion was made by Donnie Dowell, seconded by Doug Mullins,
to approve the E-911 road names as presented.
The motion was unanimously approved.
(Said names on file in the County Administrator's
Office)
IN
RE: STONEGA
COMPRENHENSIVE COMMUNITY PLANNING PROJECT
A
motion was made by Doug Stallard, seconded by Donnie Dowell,
to authorize the County Administrator to execute the contract
for the Stonega Comprehensive Community Planning Project.
The motion was unanimously approved.
IN
RE: LANDFILL
USE FEE REFUND
A
motion was made by Donnie Dowell, seconded by Doug Mullins,
to approve the landfill use fee refund as presented.
The motion was unanimously approved.
IN
RE: REZONING/SPORTSMAN
DRIVE & HURRICANE ROAD/RON STIDHAM
Chairman
Adkins advised that Ron Stidham had submitted a letter
withdrawing his request for rezoning of the property on
Sportsman Drive and the property located on Hurricane
Road.
IN
RE: RESOLUTION
COYOTE PROBLEM
A
motion was made by Donnie Dowell, seconded by Doug Stallard,
to adopt the resolution requesting Virginia's Congressional
Delegation to seek assistance in obtaining additional
federal funding for the Virginia Cooperative Coyote Damage
Control Program. The motion was unanimously approved.
RESOLUTION
#
2000
(Said
resolution on file in the County Administrator's Office)
IN
RE: BUILDING
REFUND
A
motion was made by Donnie Dowell, seconded by Betty Cornett,
to approve the Building Refund in the amount of $35.35
to Clint & Tammy Flanary.
The motion was unanimously approved.
IN
RE: COMMISSIONER
OF REVENUE REQUEST FOR REFUND
A
motion was made by Doug Stallard, seconded by Virginia
Meador, to approve the Commissioner of Revenue's request
for a refund as presented.
The motion was unanimously approved.
IN
RE: APPOINTMENT
BUILDING CODE AND APPEALS BOARD
It
was the consensus of the Board to table the appointment
to the Building Code and Appeals Board.
IN
RE: APPOINTMENT
GROUP HOME FOR BOYS & GIRLS/29TH JUDICIAL
DISTRICT
It
was the consensus of the Board to table the appointment
to the Group Home for Boys & Girls 29th
Judicial District.
IN
RE: APPOINTMENT
INDUSTRIAL DEVELOPMENT AUTHORITY
A
motion was made by Virginia Meador, seconded by Betty
Cornett, to reappoint Ben Allen to the Wise County IDA
for a term of four (4) years.
The motion was unanimously approved.
IN
RE: APPOINTMENT
LONESOME PINE OFFICE ON YOUTH
It
was the consensus of the Board to table the appointment
to the Lonesome Pine Office on Youth.
IN
RE: APPOINTMENT
PSA
A
motion was made by Doug Stallard, seconded by Doug Mullins,
to reappoint Kenneth Hillman, to the Wise County PSA.
Aye-Doug
Mullins Nay-None Abstain - Donnie Dowell
Edgar Mullins
Betty Cornett
Virginia Meador
Bob Adkins
Doug Stallard
IN
RE: APPOINTMENT
WISE COUNTY TOURISM COMMITTEE
A
motion was made by Betty Cornett, seconded by Virginia
Meador, to appoint Stan Botts, Jr. to fill the unexpired
term of J. F. Tate on the Wise County Tourism Committee.
The motion was unanimously approved.
IN
RE: WISE
COUNTY HAZ-MAT AGREEMENT
A
motion was made by Doug Stallard, seconded by Betty Cornett,
to authorize the Chairman to execute the Wise County Level
II-E Haz-mat Emergency Response Agreement.
The motion was unanimously approved.
IN
RE: SCHOOL
RESOURCE OFFICER/BIG STONE GAP
Administrator
Scott informed the Board that Suzanne Lawson attended
the Big Stone Gap Town Council meeting regarding the School
Resource Officer position at the Powell Valley High School. Big Stone Gap was the only town that did not submit a grant
request for a Resource Officer position and therefore
is the only school without a Resource Officer.
A letter was received from Ms. Lawson stating that
the School Board was willing to pay 25% of any cost the
Town of Big Stone Gap may incur in providing an officer
to the Powell Valley High School.
The Council gave approval for the Town of Big Stone
Gap Police Department to provide a Resource Officer to
Powell Valley High School through the first semester.
After that decision was made, Mayor Kirk asked
that a meeting be held to include the two representatives
for the Big Stone Gap area from the Board of Supervisors,
a representative from the School Board, the Town Manager
of Big Stone Gap, Acting County Administrator Shannon
Scott, Chairman Adkins, and two members of the Big Stone
Gap Town Council.
Mr. Scott stated that he would be talking with
the Sheriff prior to this meeting for his input and guidance.
Mayor Kirk has voiced his desire for the County
to furnish and pay for the Resource Office in its entirety
for a full year since the other schools have resource
officers that are paid for without local dollars.
However, Mr. Scott noted that grant dollars could
not be requested for the Town of Big Stone Gap because
they contain federal money and the federal portion of
that grant states that federal money cannot surplant local
dollars. That
is the reason the School Board did not apply for a grant
on behalf of the Town of Big Stone Gap.
Ms.
Meador was concerned that the Town of Big Stone Gap was
being penalized for acting on its own last year by funding
the resource officer with local dollars.
She asked for some direction from Board members.
Donnie
Dowell stated that this matter is specifically between
the School Board and the Town of Big Stone Gap and the
Board of Supervisors should not get involved in School
Board business.
He recommended that a dialogue be kept for future
expense and made part of the School Board Budget each
year.
Ms.
Meador was in agreement with Mr. Dowell but said the County
became a part after signing off on the resource officer
grant.
Mr.
Dowell noted that the County acts only as a fiscal agent
for grants but does not participate in the actual funding.
There
were several comments from different Board members regarding
possible avenues that could possibly be taken to overcome
the lack of funding for the resource officer.
IN
RE: PAYMENT
OF ACCOUNTS
Administrator
Scott asked that the payment to Thyssen Elevator in the
amount of $13,441.00 (50% of the total cost for repair
of the two (2) elevators in the courthouse) be added to
the payments. He
asked that he also be authorized to prepare a supplement
to pay the final payment in the event the repairs took
place prior to the next Board meeting.
A
motion was made by Doug Stallard, seconded by Doug Mullins,
to approve the payment of accounts as presented to include
the payment to Thyssen Elevator in the amount of $13,441.00,
and to authorize the County Administrator to do a supplement
to pay the final payment if needed prior to the next Board
meeting. The motion was unanimously approved.
IN
TE: E-911
PAYMENTS
A
motion was made by Doug Stallard, seconded by Betty Cornett,
to approve the E-911 payments as presented.
The
motion was unanimously approved.
IN
RE: BLACKWOOD
LANDFILL ENTERPRISE FUND
A
motion was made by Doug Stallard, seconded by Donnie Dowell,
to approve the Blackwood Landfill Enterprise Fund payments
as presented. The
motion was unanimously approved.
IN
RE: ENTERPRISE
FUND PAYMENTS
A
motion was made by Doug Stallard, seconded by Donnie Dowell,
to approve the Enterprise Fund payments as presented.
The motion was unanimously approved.
IN
RE: BOARD
COMMENTS
There
was some discussion on part-time employees pay, the structure
of the Personnel Policy Manual and the Fair Labor Act.
BREAK
The
Board took a break at 7:25 p.m.
The
Board reconvened its meeting at 7:35 p.m.
Edgar
Mullins left the meeting at this time.
IN
RE: CLOSED
SESSION
A
motion was made by Donnie Dowell, seconded by Doug Mullins,
to go into closed session as per the following code sections:
-
2.1-344A7:
Consultation with legal counsel regarding probable
litigation
-
2.1-344A6:
The investing of public funds where competition
or bargaining is involved
-
2.1-344A1:
To Discuss the position of County Administrator
Shannon
Scott and Annette Underwood left the closed session after
discussion on items #1 and #2 were completed.
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 Doug Stallard,
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: RFP ENGINEERING
SERVICES RAMSEY/WISE CONNECTOR ROAD
A
motion was made by Doug Stallard, seconded by Betty Cornett,
to accept the recommendation of the Connector Road Committee
to rank Thompson & Litton, Inc and Group as the #1
applicant on the engineering services for the Ramsey-Wise
Connector Road Project. The motion was unanimously approved.
ADJOURN
There
being no further business, a motion was made by Donnie
Dowell, seconded by Doug Stallard, to adjourn the meeting.
The motion was unanimously approved.
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