Board of Supervisors - February 1, 2001 Workshop Meetingn

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The Wise County Board of Supervisors met in a Workshop Meeting on Thursday, February 1, 2001, at 6:00 p.m. in the Board of Supervisors Room located in the Wise County courthouse.  The following were present:

Honorable Douglas Stallard - Chairman

Honorable Betty Cornett - Vice-Chair

Honorable Douglas Mullins

Honorable Edgar Mullins

Honorable Virginia Meador

Honorable Robert Adkins

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. Allen Culbertson, Pastor Marshall's Branch F.W.B. Church, Jenkins, KY led the Board in prayer.

 

IN RE:  APPROVAL OF AGENDA

There was no additions or deletions to the agenda.

 

IN RE:  PUBLIC HEARING/REZONING-PATRICIA WEBB

A public hearing was duly advertised for this date to receive citizens comments regarding a 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.

Chairman Stallard noted that this request was recommended for approval by the Wise County Planning Commission.

Jim Chambers, representing Stafford's Communications, informed the Board that Stafford's Communications has a billboard on a portion of this property that is being asked to be rezoned.  He asked that the Board consider approving this request not only for the placement of the billboard but for other business opportunities as well.

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

 

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

A public hearing was duly advertised for this date to receive citizens comments regarding 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.

Chairman Stallard noted that the Wise County Planning Commission recommended this request for approval.

There was no one to speak regarding this Special Use Permit.

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

 

IN RE:  PUBLIC HEARING/REZONING -RICHARD HODGE

A public hearing was duly advertised for this date to received citizens' comments regarding 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 repair business.

Chairman Stallard noted that the Wise County Planning Commission recommended this request for approval.

There was no one to speak regarding this rezoning request.

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

 

IN RE:  PUBLIC HEARING/BUILDING CODE ORDINANCE AMENDMENT

A public hearing was duly advertised for this date to receive citizens' comments regarding a proposed amendment to the Building Code Ordinance. #2-1975 that would require that verbal or written notification be given prior to reconnection of any electric service that has been disconnected fewer than 30 days.

There was no public opposition to the proposed amendment.

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

 

IN RE:  PUBLIC EXPRESSION

Jack McMahan, a resident of Big Stone Gap, voiced his concerns with the power shortage that is taking place in California.  He asked the Board to appoint a committee to study this problem and be prepared with a plan of action if power outage becomes a reality for our county.

Stewart Jessee spoke out against any mining operations that may interfere with the town or county's water source.  He asked the Board to take the necessary steps to stop any mining in or around the water system.

Chairman Stallard explained the steps that have been taken by the Board to control these mining operations.

Elmer Phillips voiced his support for having an exemption for the elderly and the disabled on the landfill use fee regardless of them owning real estate.  He further opposed sludge being brought into the county.

Carl Ramey, speaking on behalf of the residents in Osaka and Rhoda, presented a petition of approximately 100 signatures opposing the surfacing mining operations in their areas.  With this mining, scenic mountain views and water quality of local streams will be negatively impacted, not to mention the damage to homes and property from the blasting.  Mr. Ramey explained that the people are helpless against these operations without some legal assistance.  He asked for Board assistance in using its influence to stop this mining.

 

IN RE:  ROADS AND HIGHWAYS

  1. VDOT Payment was reviewed
  2. Gravel Payment was reviewed.
  3. Several remarks were made by Mr. Branson
  4. Administrator Scott noted that the MECC payment had been omitted from the agenda.  He asked that the payment be added for payment at the next meeting.

 

IN RE:  LIBRARY ART GALLERY

Bonnie Aker, representing the Library Art Gallery, gave the Board a brief update on the activities of the Library Art Gallery and its benefits to Wise County.  She asked for a $5,000 donation to help with expenses.

 

IN RE:  APPALACHIA LANDFILL UPDATE

Scott Wilson, representing Dewberry & Davis, informed the Board that as of this date the Appalachia Landfill is complete except for the final seeding.  The final closure documents are being finalized for DEQ's review.

 

IN RE:  ADDITIONAL APPROPRIATION/COMMUNITY POLICY MGT BOARD

Sandy O'Dell, Chair of the Community Policy Management Board, stated that the CPM Board has received another cut in its state funding from the Comprehensive Services Act.  This decrease in funding has resulted in a burden on the locality to meet the needs of the children in Wise County. The projected shortfall for this year is $254,083.00 that will require an additional local match funding of $70,000 to obtain the additional funding from the Comprehensive Services Act. 

Recently a letter was received from the local Dept of Social Services, which stated that funding in the amount of $42,810.00 will be returned to the County.  With these funds, the County would need to appropriate only $28,000.00 for the CPM Board to meet its expenses.  She asked that these funds be appropriated as soon as possible.

 

IN RE:  CABLE FRANCHISE/JACK KENNEDY

Jack Kennedy directed the Board to a draft outline prepared by Baller Herbst Law Group of a possible process and timeline for the renewal of the cable franchises held by Wise County and the municipalities served by Adelphia Cable Company.  He gave an update on the meeting held on January 18 at which time Mr. Herbst discussed with the County representatives and representatives of the different municipalities the cable franchise renewal, the requirements of said franchise, and addressed the future needs of the communities.  According to Mr. Herbst, the process would take approximately 6 to 9 months to get complete.  The estimated fee for this service would be $25,000 to $30,000 to represent the County, the towns, and the City of Norton.

Mr. Kennedy further explained the benefits this cable service would provide to this area with the growing strides of telecommunications.

There was a brief review of Mr. Herbst's experience, qualifications and expertise in this field.

Mr. Kennedy noted that a meeting was held in the Conference Room of the County Administrator's Office with the representatives of the different municipalities and a conference call was held with Mr. Herbst regarding this venture.  It was the general consensus to move forward together on this issue.

 

IN RE:  TELECOMMUNICATIONS

Jack Kennedy informed the Board that he is working at this time on a grant opportunity for telecommunications.  Two employees from his office are now at the Department of Commerce in Washington seeking information on the procedure for capturing federal funds for upgrading telecommunications.

Doug Mullins left the meeting at this time.

 

IN RE:  HOUSE NUMBERING ORDINANCE

Chairman Stallard asked the Board to review the draft of the proposed housing numbering ordinance and be prepared to take appropriate action at the next meeting.

Edgar Mullins was concerned that there are many roads in the County that need to be named before the houses are numbered.

There was some discussion on the language regarding the placement of the house numbers and the primary purpose of the numbering.

It was explained that this request for numbering the houses came from the Sheriff's Department to assist them in finding homes during emergencies.  The house numbering system will increase the efficiency and promptness of answering 911 calls as well as emergency calls to fire and rescue departments.

There was also some discussion on the method of enforcement.

 

IN RE:  RESOLUTION/BEAR CREEK RESERVOIR

Chairman Stallard asked Board members to review the resolution on the Bear Creek Reservoir for any changes prior to next Board meeting.

Donnie Dowell stated that the Board needs to bring themselves up to date on the status of the bill with the General Assembly.  As of this date, the language has been changed since the original submission of the bill which does not give power to DMME as to permit obligations.  He recommended adoption of the proposed resolution.

 

IN RE:  LEGAL ITEM FOR REVIEW

Appalachia Rescue Squad Lease Agreement:  Chairman Stallard advised that this item will be set aside for further updated correspondence.

Sludge Application: Attorney Mullins advised that she had reviewed the Supreme Court Case that determined that one can not prohibit the land application of sludge by placing a ban in your county.  She stated that the County does not have an ordinance prohibiting the application of sludge.  For many months this subject was discussed and several different ordinances were drafted but none was adopted.  There are some siting facility ordinances which regulates any type of sludge or biosolids land application.  She further explained the different protecting agencies that must approve any sludge application prior to it being applied.

There was some discussion on the existing solid waste ordinances that are now on the Books.  Attorney Mullins noted that the Siting Facility Ordinances that were adopted in l988 only take effect if the previous Solid Waste Ordinances adopted in l975 are declared unconstitutional.

Sugar Hill Recreational Easement Amendment:  Attorney Mullins advised that she had spoken to Frank Kilgore after the Board executed the Sugar Hill Recreational Easement at its January meeting.  Mr. Kilgore asked that the 36" width for the walking trail be changed to the width of a standard dump truck.  This width would be appropriate for the dumping of gravel and sufficient for several people walking at the same time.

There was some questions as to liability if someone gets hurt.

It was noted that the County would have sovereign immunity.

Elderly/Disable Exemption For Landfill Use Fee: Attorney Mullins advised that she is gathering information regarding a possible exemption for the elderly and/or disabled individuals on the Landfill Use Fee Ordinance and is awaiting an opinion from "Flip" Hicks.

 

IN RE:  OTHER ITEMS REVIEWED

  1. County Audit
  2. E-911 Road Name Additions (Set Public Hearing)
  3. Transfer of Funds-Sheriff's Dept
  4. Appropriation of Funds/Sheriff's Dept
  5. Judicial Sale/Attorney Fees
  6. Appointments
  7. ATS Derby Agreement
  8. ATS Stonega Agreement
  9. Resolution/Clinch River Scenic River
  10. Additional Appropriations/Dept of Social Services
  11. Blackwood Landfill Update 
    (Bill King will speak next week)
  12. Change Order/Blackwood Landfill
  13. Payment of Accounts
  14. E-911 Payments
  15. Blackwood Landfill Enterprise Fund Payments
  16. Landfill Enterprise Fund Payments
  17. Closed Session/ Next week
  18. Recess Meeting

 

IN RE:  BOARD  COMMENTS

Donnie Dowell asked Administrator Scott to ascertain whether or not grant funding is available for the Derby and Stonega Projects.

Virginia Meador asked when a report would be forthcoming from the new Landfill Use Fee Committee that was recently appointed.

Chairman Stallard stated that he would speak with the committee to ascertain whether or not they were satisfied with the compromise that was made at the January meeting or whether or not they need to meet for further review of the ordinance.

Chairman Stallard spoke briefly on the redistricting issue.  He noted that he had spoken with Ron Flanary with LENOWISCO who has agreed to work with the Board on getting the needed information for the Board to make a decision on the redistricting.  He asked the Board to make themselves aware of the redistricting issues.  He noted that this information can also be used for the GIS Program

There being no further business, the meeting adjourned at 8:30 p.m.

ATTEST:                 WISE COUNTY BOARD OF SUPERVISORS

 

___________________   ________________________ 

Clerk                            Chairman

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