| 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
- VDOT
Payment was reviewed
- Gravel
Payment was reviewed.
- Several
remarks were made by Mr. Branson
- 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
- County
Audit
- E-911
Road Name Additions (Set Public Hearing)
- Transfer
of Funds-Sheriff's Dept
- Appropriation
of Funds/Sheriff's Dept
- Judicial
Sale/Attorney Fees
- Appointments
- ATS
Derby Agreement
- ATS
Stonega Agreement
- Resolution/Clinch
River Scenic River
- Additional
Appropriations/Dept of Social Services
- Blackwood
Landfill Update
(Bill King will speak next week)
- Change
Order/Blackwood Landfill
- Payment
of Accounts
- E-911
Payments
- Blackwood
Landfill Enterprise Fund Payments
- Landfill
Enterprise Fund Payments
- Closed
Session/ Next week
- 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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