| The
Wise County Board of Supervisors met in regular session
on February 12, 2001, at 6:00 p.m. in the Board of Supervisors
meeting 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
Jeffrey Salyers
Honorable
Donnie Dowell-members of said Board and
Shannon
C. Scott - Acting County Administrator
Karen
Mullins-County Attorney
Annette
Underwood-Executive Secretary
PRAYER
- Rev. Jimmy Stidham, Guest River Pentecostal Church,
Norton, VA led the Board in prayer.
PLEDGE
ALLEGIANCE TO THE FLAG
MINUTES
A
motion was made by Bob Adkins, seconded by Donnie Dowell,
to approve the minutes as presented.
The motion was unanimously approved.
IN
RE: APPROVAL
OF AGENDA
Chairman
Stallard asked for any additions or deletions to the agenda.
Donnie
Dowell asked that a resolution regarding Ralph Stanley be
added to the agenda.
Administrator
Scott asked that a bill for the Jail Task Force be added
to the payments.
Chairman
Stallard stated that he would be resigning from the PSA
and asked that the vacancy be added to the appointments
for action by the Board.
There
being no further additions, a motion was made by Doug Mullins,
seconded by Donnie Dowell, to approve the agenda as presented
with the additions as stated above.
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 Donnie Donnie, seconded by Betty Cornett,
to approve the VDOT payment in the amount of $305.82 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 Donnie Dowell, seconded by Betty Cornett,
to approve the gravel payment in the amount of
$1,469.67 for gravel placed on roads throughout Wise
County to be paid from the Coal & Gas Road Fund.
The motion was unanimously approved.
IN
RE: MECC PAYMENT
A
motion was made by Virginia Meador, seconded by Betty Cornett,
to approve the payment to MECC in the amount of $2,896.74
for engineering services related to the design of the Godwin
Hall Central Receiving Access Road.
The motion was unanimously approved.
IN
RE: REZONING/PATRICIA
WEBB
A
public hearing was held on 2-1-01 to receive citizens comments
regarding a request from Patricia Webb to rezone 1.84 acres
of land from a 36 acre tract from an A-RR to a B-2 District
for future business opportunities along the four-lane highway.
There was no public opposition to this request.
The request was recommended for approval by the Planning
Commission.
A
motion was made by Bob Adkins, seconded by Donnie Dowell,
to approve the request from Patricia Webb to rezone a portion
of land as stated above from an A-RR to a B-2 District for
business opportunities.
The motion was unanimously approved.
IN
RE: SPECIAL
USE PERMIT
A
public hearing was held on 2-1-01 to receive citizens comments
regarding a request from Joseph Kudirka, Jr. for a Special
Use Permit for a family cemetery.
There was no public opposition to this request.
This request was recommended for approval by the
Planning Commission.
A
motion was made by Donnie Dowell, seconded by Bob Adkins,
to approve the Special Use Permit as requested by Joseph
Kudirka, Jr. for a family cemetery.
The motion was unanimously approved.
IN
RE: REZONING/RICHARD
HODGE
A
public hearing was held on 2-1-01 to receive 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 from an A-RR
to a B-2 District for the purpose of establishing an automotive
repair business. There
was no public opposition to this request.
This request was recommended for approval by the
Planning Commission.
A
motion was made by Bob Adkins, seconded by Donnie Dowell,
to approve the rezoning request made by Richard Hodge as
stated above. The
motion was unanimously approved.
IN
RE: BUILDING
CODE ORDINANCE AMENDMENT
A
public hearing was held on 2-1-01 to receive citizens comments
regarding an amendment to the Building Code Ordinance whereby
citizens would be required to give verbal or written notification
to the County Administrator's Office prior to reconnection
of any electric service that has been disconnected fewer
than 30 days. There
was no public opposition to this proposed amendment.
A
motion was made by Bob Adkins, seconded by Donnie Dowell,
to approve the amendment to the Building Code Ordinance
as presented.
Betty
Cornett, Chairman Stallard, and Edgar Mullins, voiced their
opposition to this proposed amendment in that it would create
a burden on the citizens having to call the office for a
reconnect and to give their change of address.
Edgar
Mullins made a motion to delay any action on this proposal
until a later date.
Betty Cornett seconded the motion.
Jeff
Salyers entered the meeting at this time.
There
was a discussion among the Board members regarding their
viewpoints on the need or lack of need for this amendment.
Administrator
Scott stated that the comments from those citizens paying
the landfill use fee is that they don't mind paying the
fee if everyone is made to pay.
This amendment would provide another avenue for securing
correct addresses that would assist in filling that void
of citizens not paying the fee.
After
further discussion, the following vote was taken on delaying
the proposed amendment:
Aye-
Edgar Mullins
Nay- Donnie Dowell
Betty Cornett Bob
Adkins
Doug Stallard Doug
Mullins
Jeff Salyers Virginia
Meador
The
motion died.
Chairman
Stallard asked for a vote on the main motion to approve
the proposed amendment:
Aye-
Donnie Dowell
Nay- Edgar Mullins
Bob Adkins Betty
Cornett
Doug Mullins Doug
Stallard
Virginia Meador Jeff
Salyers
The
motion died.
IN
RE: HOUSE NUMBERING-STREET
NAMING-PROPERTY NUMBERING ORDINANCE SYSTEM
A
motion was made by Jeff Salyers, seconded by Betty Cornett,
to hold a public hearing on March 1, 2001, at 6:05 p.m.
to receive citizens comments on the proposed House Numbering-Street
Naming-Property Numbering Ordinance.
The motion was unanimously approved.
IN
RE: RESOLUTION
- BEAR CREEK RESERVOIR
A
motion was made by Bob Adkins, seconded by Jeff Salyers,
to approve the resolution supporting the endeavors relating
to the preservation of the Bear Creek Reservoir and its
watershed. The
motion was unanimously approved.
RESOLUTION
#
2001
(Said
resolution is on file in the County Administrator's Office)
IN
RE: COUNTY
AUDIT APPROVAL
A
motion was made by Bob Adkins, seconded by Virginia Meador,
to approve the County Audit ending June 30, 2000 as presented.
The motion was unanimously approved.
IN
RE: RESOLUTION/RALPH
STANLEY HIGHWAY
A
motion was made by Donnie Dowell, seconded by Jeff Salyers,
to approve the resolution endorsing a portion of Rt. 652
as the Dr. Ralph Stanley Highway.
The motion was unanimously approved.
RESOLUTION
#
2001
(Said
resolution on file in the County Administrator's Office)
IN
RE: LIBRARY
ART GALLERY FUNDING
A
motion was made by Donnie Dowell, seconded by Virginia Meador,
to include the Library Art Gallery for consideration in
the upcoming budget process.
The motion was unanimously approved.
IN
RE: CABLE FRANCHISE
AGREEMENT
Chairman
Stallard stated that there are a lot of unanswered questions
from Board members regarding the proposed Cable Franchise
Agreement as presented by Adelphia.
However, there is support for said agreement.
There
was some discussion on the timeline for this agreement with
suggestions that the County should pursue by taking the
lead. It was
suggested that a Franchise Advisory Committee be appointed
to review and study said agreement with a recommendation
being brought back to the Board for consideration.
Chairman
Stallard directed Administrator Scott to prepare a letter
to each of the towns and the City of Norton asking that
each council appoint two elected representatives to serve
on a Franchise Advisory Committee for discussion and review
of the proposed Cable Franchise Agreement.
Jack
Kennedy stated that he has already met with the Coeburn
Town Council and the City of Norton regarding the Cable
Franchise Agreement and the consensus so far has been in
support. Meetings
with other town councils are forthcoming.
IN
RE: E-911 ROAD
NAMES/ADDITIONS
A
motion was made by Bob Adkins, seconded by Betty Cornett,
to hold a public hearing on Thursday, March 1, 2001, at
6:10 p.m. to receive citizens input on the following proposed
E-911 Road Names:
Kilgore
Cemetery Road (Located at the end of Coeburn Corp. limits
going toward Banner Community above the old Dr. Pepper Plant)
MacKinley
Road (Located on the Birchfield Road off Bates Airfield
Road)
The
motion was unanimously approved.
IN
RE: TRANSFER
OF FUNDS/SHERIFF'S DEPARTMENT
A
motion was made by Virginia Meador, seconded by Donnie Dowell,
to approve the transfer of funds in the amount of $9,999
within the Sheriff's Department's State Budget from vacancy
savings to office expenses.
The motion was unanimously approved.
IN
RE: APPROPRIATION
OF FUNDS/SHERIFF'S DEPARTMENT
A
motion was made by Donnie Dowell, seconded by Jeff Salyers,
to approve the appropriation of $2,721.00 for the purchase
of equipment for the Sheriff's Department that will be reimbursed
by DCJS. The
motion was unanimously approved.
IN
RE: JUDICIAL
SALE/ ATTORNEY FEES
A
motion was made by Jeff Salyers, seconded by Betty Cornett,
to approve the attorney fees for the Judicial Sale in the
amount of $2,014.56.
The motion was unanimously approved.
IN
RE: APPOINTMENT/LONESOME
PINE OFFICE ON YOUTH
A
motion was made by Betty Cornett, seconded by Doug Stallard,
to defer this appointment until the March meeting.
The motion was unanimously approved.
IN
RE: APPOINTMENT
/ PSA
Chairman
Stallard informed the Board that he would be resigning from
the PSA Board as of March 1, 2001. He asked that another person be considered to fill his unexpired
term.
A
motion was made by Doug Stallard, seconded by Betty Cornett,
to appoint Fred Luntsford to fill the unexpired term of
Doug Stallard on the PSA Board.
Aye-Doug
Mullins Nay-None Abstain
- Donnie Dowell
Edgar Mullins
Betty Cornett
Virginia Meador
Doug Stallard
Jeff Salyers
Bob Adkins
IN
RE: DERBY AGREEMENT
A
motion was made by Edgar Mullins, seconded by Donnie Dowell,
to approve the Derby Renovation Project-Flow Study, Professional
Services Agreement as submitted by Appalachian Technical
Services, Inc (ATS).
The motion was unanimously approved.
IN
RE: STONEGA
AGREEMENT
A
motion was made by Edgar Mullins, seconded by Doug Mullins,
to approve the Stonega Renovation Project-Preliminary Engineering
Report, Professional Services Agreement as submitted by
Appalachian Technical Services, Inc (ATS).
The motion was unanimously approved.
IN
RE: SUGAR HILL
RECREATIONAL EASEMENT AMENDMENT
Attorney
Mullins stated that at the last meeting of the Board, approval
was given for the Sugar Hill Recreational Easement.
Since that time, it has been brought to her attention
that the width of the trail needs to be changed from 36"
to 8 ft. and the easement should be for a period of 20 years
to meet the requirements of the grant.
After
discussion, a motion was made by Jeff Salyers, seconded
by Donnie Dowell, to amend the Sugar Hill Recreational Easement
with a trail width of 8ft and for a period of 20 years. The motion was unanimously approved.
IN
RE: ELDERLY/DISABLED
EXEMPTION ON LANDFILL USE FEE
Attorney
Mullins informed the Board that she is waiting for an opinion
from Flip Hicks of VACo regarding any options for the Board
on the possibility of offering an exemption to the elderly/disabled
on the Landfill Use Fee.
She asked that discussion be discontinued until such
time that this information has become available.
IN
RE: RESOLUTION
/ CLINCH RIVER
Chairman
Stallard advised that a resolution regarding the Clinch
River would not be necessary since that situation has been
resolved.
IN
RE: ADDITIONAL
APPROPRIATION/DEPT OF SOCIAL SERVICES
A
motion was made by Edgar Mullins, seconded by Virginia Meador,
to approve the request for an additional appropriation in
the amount of $75,777.00 for the Social Services Budget
for Fiscal Year 2000-01.
The motion was unanimously approved.
IN
RE: ADDITIONAL APPROPRIATION/COMMUNITY POLICY MGT
BOARD
A
motion was made by Donnie Dowell, seconded by Virginia Meador,
to approve an additional appropriation to the Community
Policy Management Board in the amount of $70,000 to provide
the local match that will be required to obtain additional
funding from the Comprehensive Services Act.
The motion was unanimously approved.
IN
RE: BLACKWOOD
LANDFILL/CHANGE ORDER #2
Bill
King addressed change order #2 to the construction contract
between the Phillips & Jordan and the County for the
Blackwood Landfill.
This change order is a reconciliation of final quantities
for certain items in the construction contract with Phillips
& Jordan which calls for a deduction of $68,794.46 to
the contract amount.
Negotiations are still ongoing with the contractor
on other items within the contract.
This change order will allow payment to the contractor
for work already performed and already approved in the field.
After
discussion, a motion was made by Doug Mullins, seconded
by Donnie Dowell, to approve change order #2 for the Blackwood
Landfill to Phillips & Jordan, Contractor in the amount
of $2,224,060.54.
The motion was unanimously approved.
IN
RE: PAYMENT
OF ACCOUNTS
A
motion was made by Donnie Dowell, seconded by Jeff Salyers,
to approve the payment of accounts to include the addition
as requested by the County Administrator.
The motion was unanimously approved.
IN
RE: E911 PAYMENTS
A
motion was made by Donnie Dowell, seconded by Bob Adkins,
to approve the E911 payments as presented.
The motion was unanimously approved.
IN
RE: BLACKWOOD
LANDFILL ENTERPRISE FUND PAYMENTS
A
motion was made by Bob Adkins, seconded by Donnie Dowell,
to approve the Blackwood Landfill Enterprise Fund payments
as presented. The
motion was unanimously approved.
IN
RE: LANDFILL
ENTERPRISE FUND PAYMENTS
A
motion was made by Bob Adkins, seconded by Virginia Meador,
to approve the Landfill Enterprise Fund Payments as presented.
The motion was unanimously approved.
BOARD
COMMENTS
There
was a general discussion among Board members regarding the
recent trip to Richmond and its accomplishments.
BREAK
The
Board took a brief break at 7:50 p.m
The
Board reconvened its meeting at 8:00 p.m.
IN
RE: CLOSED
SESSION
A
motion was made by Donnie Dowell, seconded by Jeff Salyers,
to go into closed session as per the Code of Virginia as
follows:
Section
2.1-344A.1 (County Administrator's Position)
Section
2.1-344A.3 (Acquisition of Property)
Section
2.1-344A.7 (Legal Counsel/Potential Litigation)
The
motion was unanimously approved.
After
a lengthy closed session, a motion was made by Donnie Dowell,
seconded by Jeff Salyers to reconvene its meeting.
The motion was unanimously approved.
IN
RE: RESOLUTION/CERTIFICATION
OF CLOSED MEETING
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.
RESOLUTION
#
2001
(Said
resolution on file in the County Administrator's Office)
RECESS
A
motion was made by Bob Adkins, seconded by Jeff Salyers,
to recess this meeting until Friday, February 16, 2001 at
4:00 p.m. The
motion was unanimously approved.
ATTEST: WISE
COUNTY BOARD OF SUPERVISORS
_______________________
_______________________
Clerk Chairman
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