Board of Supervisors - February 12, 2001 Regular Meeting

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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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