Board of Supervisors - January 11, 2001 Regular Meeting

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The Wise County Board of Supervisors met in regular session on Thursday, January 11, 2001, at 6:05 p.m. in the Board of Supervisors Meeting Room located in the Wise County Courthouse, Wise, VA.  The following were present:

Honorable Douglas Stallard-Chairman

Honorable Betty Cornett - Vice-Chair

Honorable Doug Mullins

Honorable Edgar Mullins

Honorable Virginia Meador

Honorable Robert Adkins

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. Ray Jones, Pastor First Baptist Church in Wise led the Board in prayer.

 

PLEDGE 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 removed from the agenda the following items:

  1. Resolution of Support For Protection of Public Water Supply

  2. Resolution /Protection of Bear Creek Reservoir & Watershed

Administrator Scott asked that the payment to Baker's Construction & Excavation Company be added to the Blackwood Landfill Enterprise Payments.

A motion was made by Donnie Dowell, seconded by Jeff Salyers, to approve the agenda with the deletions and additions as stated above.  The motion was unanimously approved.

 

IN RE:  PUBLIC HEARING LANDFILL USE FEE ORDINANCE AMENDMENT

A public hearing was duly advertised for this date to receive citizens' comments regarding an amendment to the Assessment of Fee for Disposal of Solid Waste ORDINANCE #3-1993 (commonly know as the Landfill Use Fee Ordinance).

Joe Bolling, Gary Tucker and Robbie Boggs voiced their opposition to the language in the proposed landfill use fee amendment regarding a fee of $30.00 per ton for disposal of materials at the landfill not generated by a household, business or industry on a day-to-day basis.  Further concerns were given regarding the possibility of illegal dumps being created either on private property or other property by those citizens not willing to pay the dumping fee and those contractors that dodge their responsibilities for properly disposing of debris. These contractors discussed at length the use of convenience centers, the size of trucks and who must use the landfill rather than convenience centers.

There was some discussion on other methods of collecting revenue for the refuse disposal.

There being no further comments, the public hearing was closed.

Donnie Dowell, upon the recommendation of the Landfill Use Fee Committee, made a motion to adopt the amended Landfill Use Fee Ordinance as advertised.  Bob Adkins seconded the motion.

Betty Cornett made a substitute motion to mail out the Landfill Use Fee bills effective January 15th and asked that the chairman appoint a new Landfill Use Fee Committee to study this ordinance.  Jeff Salyers seconded the motion.

Donnie Dowell made a point of order that the substitute motion was out of order in the fact that it is not that which was sent out for public hearing.  The language for the proposed amendment cannot be changed without another public hearing.

Chairman Stallard asked the County Attorney whether or not the substitute motion would be acceptable since January 15th was the date stated in the proposed amendment that had been advertised.

Attorney Mullins explained that the motion would have to be for adoption or rejection of the amendment that was advertised for public hearing.  For a motion to adopt anything other than what was advertised would have to be made in a separate motion.  She explained that if the only objection is to the $30.00 per ton fee for other than daily household garbage, a substitute motion can be made to adopt the proposed amendment and strike the language regarding the additional $30.00 fee if that is the intent.

Betty Cornett withdrew her substitute motion.

Jeff Salyers withdrew his second.

There was further discussion on the purpose and use of the convenience centers, and the proposed  "Pay as You Throw" slogan.   

Administrator Scott explained that the open top trailer at the convenience centers is for the citizens to place items of less than a pick-up load that is not considered household garbage.  This does not apply to businesses and contractors. He noted that those who drive company vehicles to and from work are given a letter from the Administrator's Office allowing them to drop their household garbage at the centers.

A notation was made that the County needs to think about the enormous cost of closing the landfill if the continued expansion ceases to be feasible.

Chairman Stallard stated that the stumbling block on the amendment is the language and those concerns should be addressed before passage.

There being no further discussion, Chairman Stallard called for a vote on the motion to adopt the amendment to the Landfill Use Fee Ordinance as advertised.

Aye- Donnie Dowell                Nay-Jeffrey Salyers

         Virginia Meador                     Betty Cornett

         Doug Mullins                          Doug Stallard

          Bob Adkins                            Edgar Mullins

The motion failed.

 

IN RE:  VDOT PAYMENT

A motion was made by Jeff Salyers, seconded by Donnie Dowell, to approve the VDOT payment in the amount of $783.31 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 PAYMENTS

A motion was made by Bob Adkins, seconded by Jeff Salyers, to approve the gravel payments in the amount of $3,534.23 for gravel placed on roads throughout Wise County to be paid from the Coal & Gas Road Fund.  The motion was unanimously approved.

 

IN RE:  LANDFILL USE FEE COMMITTEE

Chairman Stallard stated that he would appoint another committee to further study the landfill use fee ordinance for a possible compromise on the language of that amendment.

Donnie Dowell suggested that those who voted in the negative on the proposed amendment be placed on the committee.

After further discussion, the following committee was appointed:

Donnie Dowell

Bob Adkins

Edgar Mullins

Betty Cornett

Chairman Stallard asked that Attorney Mullins be available to draft the proposed language for the ordinance and that Administrator Scott not be on the committee but be available for assistance if needed.

 

IN RE:  PUBLIC  EXPRESSION

A citizen came before the Board stating that the Board should not use taxpayers' money to help a private company gate off its property on Boggs Avenue in Appalachia.

Chairman Stallard advised that the gate on Boggs Avenue was installed to keep four-wheelers from entering the cemetery in that area as well as the mining property.

He also questioned the problem on the intersection off Rt. 610.  Mr. Branson said further study is being done on that intersection to hopefully find a solution to reduce these problems.

Joe Bolling spoke briefly on the 911 house numbering system and questioned the purpose of the proposed 911 House Numbering Ordinance.  A copy of said ordinance was given to Mr. Bolling for his review.

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

 

IN RE: CONDITIONAL  SEWER PERMIT ORDINANCE

Circuit Court Clerk Jack Kennedy informed the Board that the Health Department and the Clerk's Office reached a MEMORANDUM OF UNDERSTANDING (MOU) regarding the conditional sewer permits.  He asked that further consideration of this proposed Conditional Sewer Permit Ordinance be tabled until the June Board meeting at which time it can be noted as to the progress of this MOU.  The MOU reads as follows:

MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding (MOU) is entered into this the fourth day of January, 2001 between the Wise County Health Department of the Commonwealth of Virginia and Wise County and City of Norton Circuit Court Clerk's Office for the mutual benefits of their respective constituencies and the development of the Wise County Geographical Information System (GIS) and based upon the mutual organizational performances and other good and valuable good faith considerations the parties hereto reach this binding MOU.

  1. The Wise County Health Department agrees to include among its approved Conditional Sewer Permits the Global Positioning System (GPS) reference points on all documents offered to be recorded among the land records in the Wise County and City of Norton Circuit Court Clerk's Office, Wise Courthouse, 206 E. Main Street Wise, Virginia, 24293 as prepared by the Wise County Health Department's agents to be tendered as Conditional Sewer Permits by applying citizens or the agents of the Wise County Health Department.

  2. Reference points are mutually defined as the coordinate systems by which positions can be measured in Latitude/Longitude.  It is understood that the GPS requirements sought by the Circuit Court Clerk's Office in development of its GIS digital mapping is a coordinate point within the corners of the designated parcel.  It is understood that a reasonable margin of error is deemed acceptable with the design capability of the GPS equipment used by the Wise County Health Department.

  3. The Wise County Circuit Court Clerk's Office agrees to use the GPS coordinate data in its effort to build the Wise County Geographical Information System (GIS) and share the data with the Commissioner of Revenue's Office to create a GeoCode for parcels in the developing portions of Wise County.

  4. The GeoCode is defined as the Latitude/Longitude of the underground septic tank placement or estimated tank location for an existing system application so long as it is within the corners of the parcel identified by PIN as determined by the instruments selected by the Wise County Health Department, within limits of the equipment.  Such GeoCode shall be used as a parcel identifier in future parcel data collections by the Wise County Circuit Court Clerk's digital mapping and indexing system.

  5. The Wise County Circuit Court Clerk's Office shall provide free access to its on-line database of Wise County and City of Norton land record indices, land record images, and subsequent digital mapping made available to the public.

  6. The application fee imposed by the Health Department for a Conditional Sewer Permit applicant shall not be increased because of the GPS requirement imposed by this MOU.

  7. The recordation fee imposed by the Clerk of the Court for recordation of a Conditional Sewer Permit shall not be increased because of the GPS requirement imposed by this MOU.

  8. In an effort not to delay unduly the processing of an application for a conditional permit, in the event of equipment malfunction with no backup GPS available to the local health department, a conditional permit shall be issued in accordance with applicable Commonwealth of Virginia regulations and codes.  GPS coordinate data will be provided as soon as the equipment is functional.  In these cases the health department will notify the Circuit Court Clerk's Office of the equipment malfunction.

  9. This MOU shall be binding upon the Wise County Health Department and the Wise County and City of Norton Circuit Court Clerk's Office unless subsequently rescinded, modified, or declared void by a Court of competent jurisdiction; and, this MOU shall be spread among the land records in the Circuit Court Clerk's Office identified as "MEMORANDUM OF UNDERSTANDING" at the expense of the Clerk of the Circuit Court.

This MOU agreed this the 4th day of January 2001.

Wise County Health Department                           Wise Circuit Court Clerk's Office

/s/ Dr. E. Sue Cantrell                                              /s/J. Jack Kennedy, Jr.

_______________________                                ______________________________

Director                                                                                     Clerk

After further discussion, a motion was made by Jeffrey Salyers, seconded by Virginia Meador, to postpone the proposed Conditional Sewer Permit Ordinance until the June Board Meeting.  The motion was unanimously approved.

Each Board member was presented a copy of the (MOU).

 

IN RE:  DIGITAL E-911 CREATION

Jack Kennedy explained that the Digital E-911 proposal as submitted by Anderson & Associates is one step further in GIS.  The 911 data that LENOWISCO has prepared is digitized which makes one of many layers that are being worked on. LENOWISCO is partially funding this project in the amount of $6,000.  Anderson & Associates cost is $18,263.00 for which Wise County will be billed $1,021.92 each month starting January 2001 and continuing through December 2001.  This expenditure will be paid from the E-911 funds and not the County General Fund.

A motion was made by Donnie Dowell, seconded by Bob Adkins, to approve the Digital E-911 Creation as presented.  The motion was unanimously approved.

Administrator Scott gave a brief update on E-911 budget and its expenditures.

 

IN RE:  PSA  WATER PROJECTS/MORAL OBLIGATION

PSA Director Danny Buchanan reported that for the past two years the PSA has been seeking funding for two water projects along U.S. 23; the Bean Gap Project and the Mill Creek Project.  He explained the different sources of funding that are being applied for to help fund these projects.  In the past, the PSA has been fortunate to be able to fund all its projects.  At this time, the PSA is needing a "Moral Obligation" not a "General Obligation from the County.  This in essence means that if the PSA were to have a shortfall in its funding for these projects, the County Administrator would be advised and the Board of Supervisors would be notified of the shortfall for possible financial assistance. 

Attorney Mullins noted that a "General Obligation" would mean to co-sign and obligate oneself to a debt.  The "Moral Obligation" does not bind the County legally but does give the County the requirement of the obligation to consider financial assistance if needed. 

It was suggested that the PSA float bonds for these projects since it is an authority.

Mr. Buchanan stated that he was confident that the PSA would be financially able to meet its obligations but would appreciate the Board considering the "Moral Obligation" if possible.

After further discussion, a motion was made by Doug Mullins, seconded by Jeff Salyers, to accept the "Moral Obligation" as requested by the PSA for the Bean Gap and the Mill Creek Water Projects. 

Aye-Doug Mullins                            Nay-Virginia Meador      Abstain-Donnie Dowell

        Edgar Mullins

        Betty Cornett

        Doug Stallard

        Bob Adkins

        Jeff Salyers 

 

IN RE:  RESOLUTION/ EAST STONE GAP SCHOOL MEMORIAL

A motion was made by Betty Cornett, seconded by Virginia Meador, to approve the resolution endorsement for the East Stone Gap School Memorial Project.  The motion was unanimously approved.

RESOLUTION #            2001

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

 

IN RE:  RESOLUTION / ELECTRONIC CLASSROOM

A motion was made by Bob Adkins, seconded by Jeffrey Salyers, to approve the resolution of support for the Harrisonburg IDA's inducement resolution for financing of equipment to be used by Blue Ridge Public Television Authority and in the Electronic Classroom at MECC.  The motion was unanimously approved.

RESOLUTION #           2001

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

 

IN RE:  COUNTY AUDIT

Chairman Stallard advised that the Audit Committee met and reviewed the audit.  He noted if any member has any questions they should call Larry Sturgill, the County Auditor or a member of the Audit Committee.

 

IN RE:  REZONING/PATRICIA WEBB

A motion was made by Jeff Salyers, seconded by Bob Adkins, to hold a public hearing on February 1, 2001 at 6:05 p.m. to receive citizens' input on a rezoning request from Patricia Webb to rezone 1.84 acres from a 36-acre tract of land located at 9049 Orby Cantrell Highway from an A-RR to a B-2 District for the purpose of taking advantage of business opportunities along the four-lane highway.  The motion was unanimously approved.

 

IN RE:  SPECIAL USE PERMIT/ JOSEPH KUDIRKA, JR.

A motion was made by Jeff Salyers, seconded by Bob Adkins, to hold a public hearing on February 1, 2001, at 6:10 p.m. to receive citizens' comments on a request from Joseph Kudirka, Jr. for a Special Use Permit for a family cemetery on .5 acre lot out of a 20 acre tract of land located at 6945 Rocky Fork Road.  The motion was unanimously approved.

 

IN RE:  REZONING/ RICHARD HODGE

A motion was made by Betty Cornett, seconded by Jeff Salyers, to hold a public hearing on February 1, 2001, at 6:15 p.m. to receive citizens' comments on a request from Richard Hodge to rezone a 200 x 100 ft. area out of a 1.3 acre tract of land located at l5718 Bull Run Road from an A-RR to a B-2 District for the purpose of establishing an automotive business.  The motion was unanimously approved.

 

IN RE:  ELECTRIC RATE CAP LEGISLATION

A motion was made by Virginia Meador, seconded by Betty Cornett, to approve the letter of support regarding proposed legislation to clarify the Electric Restructuring Act to ensure that the rate cap provision applies to all customers including local governments.  The motion was unanimously approved.

 

IN RE:  APPROPRIATIONS THIRD QUARTER

A motion was made by Donnie Dowell, seconded by Jeff Salyers, to approve the third quarter appropriations as presented.  The motion was unanimously approved.

 

IN RE:  APPOINTMENT/LENOWISCO DISABILITY SERVICES BOARD

A motion was made by Jeff Salyers, seconded by Betty Cornett, to appoint Chad Dotson to the LENOWISCO Disability Services Board for a term of three years.  The motion was unanimously approved.

 

IN RE:  APPOINTMENT/ COMMUNITY POLICY & MANAGEMENT BOARD

A motion was made by Virginia Meador, seconded by Betty Cornett, to reappoint the following individuals to the Community Policy & Management Board for a term of four years:

Dr. Eleanor S. Cantrell

Sam Dillon

Tom Stanley

Suzanne Lawson

Paul Kuczko

Shannon Scott

Wayne McClellan

The motion was unanimously approved.

 

IN RE:  APPOINTMENT / RECREATIONAL AUTHORITY

A motion was made by Bob Adkins, seconded by Jeffrey Salyers, to appoint Robin Dotson to the Recreational Authority for a term of four years.  The motion was unanimously approved.

 

IN RE:  APPOINTMENT/SOCIAL SERVICES BOARD

A motion was made by Jeffrey Salyers, seconded by Bob Adkins, to appoint Monroe Robinette to the Social Services Board for a term of four years.  The motion was unanimously approved.

 

IN RE:  BUILDING CODE ORDINANCE AMENDMENT

A motion was made by Jeff Salyers, seconded by Bob Adkins, to hold a public hearing on Thursday, February 1, 2001, at 6:20 p.m. to receive citizens' input regarding a proposed amendment to Wise County Building Code Ordinance #2-1975.  The motion was unanimously approved.

 

IN RE:  E-911 HOUSING NUMBERING ORDINANCE

The Board received a copy of the proposed E-911 House Numbering Ordinance for review.

 

IN RE:  APPPALACHIA LEASE AGREEMENT

Attorney Mullins advised that the Board received a notice in November from Firstar Equipment Finance regarding a lease payment and late charges in the amount of $11,435.18 on the Appalachia Rescue Squad Ambulance.  She has spoken with a representative of First Star Bank to confirm whether or not the Appalachia Rescue Squad had made its December payment.  To date, said payment has not been received.

Attorney Mullins explained that the Board did not have funds at this time to make this payment until the appropriations for the rescue squads have been made because the Board's liability on this note is limited to funds being held for Appalachia Rescue Squad.  The representative asked for a letter of intent from the Board as to its intent on making the payment.  At the present time, both parties are reviewing the contracts as to the responsibilities of each party.  Ms. Mullins said she would work with the chairman on this issue and report back to the Board at its next meeting on her findings.  The Appalachia Rescue Squad, at this time, does not have any means to make this payment.

 

IN RE:  PAYMENT OF ACCOUNTS

A motion was made by Bob Adkins, seconded by Jeff Salyers, 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 Betty Cornett, to approve the E-911 payments as presented.  The motion was unanimously approved.

 

IN RE:  BLACKWOOD LANDFILL ENTERPRISE FUND PAYMENT

A motion was made by Jeff Salyers, seconded by Bob Adkins, to approve the Blackwood Landfill Enterprise Fund payments as presented. 

Aye-Doug Mullins             Nay-Donnie Dowell

        Edgar Mullins

        Betty Cornett

        Doug Stallard

        Bob Adkins

        Jeff Salyers

        Virginia Meador

 

IN RE:  LANDFILL ENTERPRISE FUND

A motion was made by Bob Adkins, seconded by Doug Stallard, to approve the Landfill Enterprise Fund payments as presented.

Aye-Doug Mullins                     Nay-Donnie Dowell

        Edgar Mullins

        Betty Cornett

        Doug Stallard

        Jeff Salyers

        Virginia Meador

        Bob Adkins

 

IN RE:  RESCHEDULE BOARD MEETING FOR FEBRUARY

A motion was made by Bob Adkins, seconded by Jeff Salyers, to change the regular Board of Supervisors meeting date from Thursday, February 8th to Monday, February 12, 2001 at 6:00 p.m.  The motion was unanimously approved.

 

BOARD COMMENTS

After brief comments from Board members, Edgar Mullins left the meeting.

 

RECESS

The Board took a recess at 8:10 p.m.

The Board reconvened its meeting at 8:25 p.m.

 

IN RE:  LANDFILL USE FEE ORDINANCE AMENDMENT

There was some discussion on whether or not funds would be available to meet the VRA payment for the landfill expansion that is due in April 2001. 

Administrator Scott advised that an $800,000 payment is due April 15, 2001.  With the proposed amendment to the landfill use fee ordinance, payments would be due by February 15th that would possibly bring in enough revenue to meet this payment and the funds would not have to be taken from the General Fund.  There would, however, be no guarantee of this.

There was further discussion on the language regarding the $30.00 per ton fee for garbage crossing the scale at the landfill other than day-to-day household garbage.  Ms. Cornett made a motion to adopt the amended ordinance as advertised with the deletion of the language regarding the $30.00 per ton for garbage other than day-to-day household garbage.  Doug Mullins seconded the motion.  The motion was unanimously approved.

 

IN RE:  CLOSED SESSION

A motion was made by Bob Adkins, seconded by Jeff Salyers, to go into closed session to discuss the acquisition of property as permitted by section 2.1-334A.3 of the Code of Virginia and to discuss the County Administrator's position as permitted by section 2.1-344A.1 of the Code of Virginia.  The motion was unanimously approved.

After a brief closed session, a motion was made by Jeff Salyers, seconded by Donnie Dowell, to reconvene its 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 #____2001

(Said resolution on file in the Office of County Administrator)

 

IN RE:  PURCHASE OF PROPERTY

A motion was made by Virginia Meador that the County Administrator be authorized to negotiate the property as discussed.  Jeff Salyers seconded the motion.  The motion was unanimously approved.

 

ADJOURN

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

ATTEST:                    WISE COUNTY BOARD OF SUPERVISORS

______________________     __________________________

Clerk                                   Chairman

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