Board of Supervisors - March 8, 2001 Regular Meeting

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The Wise County Board of Supervisors met in a regular meeting on March 8, 2001, at 6:00 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 Douglas Mullins

Honorable Edgar Mullins

Honorable Virginia Meador

Honorable Robert Adkins

Honorable Jeffrey Salyers

Honorable Donnie Dowell - members of said Board and

Shannon Scott - Acting County Administrator

Karen Mullins - County Attorney

Annette Underwood-Executive Secretary

 

PRAYER

Rev. Tim Cox, Field Minister With Promise Keepers, led the Board in prayer.

 

PLEDGE ALLEGIANCE TO THE FLAG

 

MINUTES

Virginia Meador noted that Jack McClanahan name was misspelled in the minutes.

A motion was made by Donnie Dowell, seconded by Jeff Salyers, to approve the minutes as corrected.  The motion was unanimously approved.

 

IN RE:  APPROVAL OF AGENDA

Administrator Scott asked that four invoices be added to the payment of accounts.

There being no further additions or changes, a motion was made by Donnie Dowell, seconded by Jeff Salyers, to approve the agenda as presented.  The motion was unanimously approved.

 

IN RE:  PUBLIC EXPRESSION

Hugh Kiser, a resident of the Esserville community, voiced his opinion on the proposed Ordinance on Street Naming - Property Numbering System in that citizens should have the option as to whether or not they wanted their house numbers placed on their houses.  He also asked that the ordinance on junkyards be enforced, particularly the junkyard located on the Esserville Road.  Mr. Kiser stated that the citizens' rights to ingress and egress on Diggs Road have been violated.

Jean Owens asked why the County Junkyard Ordinance is not being enforced.  She stated that the junkyard that has been created by George Barnette located in the Esserville area has broken the County ordinance many times over and nothing has been done.  She voiced her concern as to why something of this magnitude was being overlooked.

Stewart Jessee voiced his concern that sewage sludge may be brought into Wise County.  He asked the Board to make sure the County Solid Waste Ordinances would hold up in a court of law in that it prohibited sludge from coming into the County.

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

 

IN RE:  GRAVEL PAYMENTS

A motion was made by Jeff Salyers, seconded by Virginia Meador, to approve the gravel payments in the amount of $10,594.04 for work done on roads throughout Wise County and paid from the Coal & Gas Road Fund.  The motion was unanimously approved.

 

IN RE:  MECC PAYMENT

A motion was made by Bob Adkins, seconded by Betty Cornett, to approve the payment to MECC for engineering services related to the design of the Godwin Hall Central Receiving Access Road to be paid from the Coal & Gas Road Funds.  The motion was unanimously approved.

 

IN RE:  COAL & GAS ROAD COMMITTEE MEMBERS PAYMENT

A motion was made by Virginia Meador, seconded by Bob Adkins, to approve the payments totaling $50.00 to the Coal & Gas Road Committee members for attending the Coal & Gas Road Meeting held in February to be paid from the Coal & Gas Road Fund.

Aye-Doug Mullins     Nay-None        Abstain - Doug Stallard

        Edgar Mullins

        Betty Cornett

        Virginia Meador

        Donnie Dowell

        Jeff Salyers

 

IN RE:  REVENUE SHARING PROGRAM

A motion was made by Donnie Dowell, seconded by Jeff Salyers, to authorize the County Administrator and the VDOT Resident Engineer to apply for Revenue Sharing Funds in the amount of $500,000 to be matched on a dollar-for-dollar basis from funds of the State of Virginia.  The motion was unanimously approved.

 

IN RE:  RESOLUTION UTILITY DEVELOPMENT FOR COALFIELD EXPRESSWAY

A motion was made by Doug Mullins, seconded by Jeff Salyers, to approve the resolution supporting the installation of conduits for utilities growth at appropriate locations during the construction of the Coalfields Expressway in Wise County.  The motion was unanimously approved.

RESOLUTION #      2001

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

 

IN RE:  ORDINANCE STREET NAMING-PROPERTY NUMBERING SYSTEM

A public hearing was held on March 1, 2001, to receive citizens' input on a proposed ordinance for a street naming - property numbering system.  There was no one to speak for or against the proposed ordinance.

Donnie Dowell made a motion to adopt the proposed ordinance on the street naming - property numbering system as presented.  Doug Mullins seconded the motion.

Edgar Mullins stated that he could possibly vote for this ordinance if the word shall could be changed to may because he did not want to make the citizens do something they were against having done.

There was some questions among Board members as to whether or not this ordinance was enforceable and whether or not the County actually needed such an ordinance.  Chairman Stallard asked Attorney Mullins for her comments.

Attorney Mullins stated that there is not an ordinance already on the books but in a portion of the Uniform Statewide Building Code there is a section that states if the County has adopted a 911 emergency system, then part of that code requires that all houses shall have the 911 numbers be placed in a conspicuous location that can be seen from the property boundary.  This could be enforced through the building department during routine inspections, etc.  However, she noted that the County could adopt its own ordinance to be enforced by the County.  

There were further comments that adopting this ordinance would be a moot point since this ordinance would be a mirror of the Statewide Building Code.

After further discussion, Chairman Stallard asked for a vote to approve the proposed ordinance. 

Aye-    Doug Mullins             Nay-Betty Cornett

            Virginia Meador                Edgar Mullins

            Doug Stallard                   Jeff Salyers

            Donnie Dowell

            Bob Adkins

The motion carried.

 

IN RE:  E-911 ROAD NAME ADDITIONS

A motion was made by Donnie Dowell, seconded by Jeff Salyers, to approve the E-911 road name additions as presented.  The motion was unanimously approved.

 

IN RE:  CABLE FRANCHISE ADVISORY COMMITTEE UPDATE

Chairman Stallard stated that he and Ms. Meador has met with the Cable Franchise Advisory Committee and it was the consensus at that meeting that a common date be set for the starting and ending date of the cable franchise.  He commented that other meetings would be held for further discussions on the proposed franchise and the Board would be updated accordingly.

 

IN RE:  DERBY PROJECT/AUTHORIZE ADVERTISEMENT

A motion was made by Donnie Dowell, seconded by Edgar Mullins, to authorize the advertisement of a public hearing for the Derby Project on March 22, 2001, at 6:00 p.m. in the Methodist Church in Derby, Virginia and on April 5, 2001, at 6:00 p.m. in the Board of Supervisors meeting room located in the courthouse.  The motion was unanimously approved.

 

IN RE:  DERBY PROJECT/SELF-HELP PROGRAM

A motion was made by Doug Mullins, seconded by Edgar Mullins, to authorize the County Administrator to write a letter regarding the Self-Help Program for the Derby Project.  The motion was unanimously approved.

 

IN RE:  DERBY RENOVATION PROJECT ENDORSEMENT LETTER

A motion was made by Doug Mullins, seconded by Bob Adkins, to authorize the County Administrator to write a letter of endorsement for the proposed Partnership Solution's concepts/goals and of Roda Resources' efforts to achieve these goals with the applicable Virginia/Federal agencies.  The motion was unanimously approved.

 

IN RE:  CHAMBER OF COMMERCE REQUEST FOR FUNDING

A motion was made by Doug Mullins, seconded by Jeff Salyers, to contribute $1,500.00 to the Wise County Chamber of Commerce to assist with the increased expenses that have been placed on the Chamber's Budget this year for additional information, postage, etc. 

Aye-    Doug Mullins             Nay-Edgar Mullins

            Virginia Meador

            Betty Cornett

            Doug Stallard

            Donnie Dowell

            Jeff Salyers

            Bob Adkins

 

IN RE:  PRO-ART REQUEST

A motion was made by Virginia Meador, seconded by Bob Adkins, to write a letter of commitment to Pro-Art for $5,000.00 from the County's FY 2001-2002 Budget to be used as matching funds for the Local Government Challenge Grant Program for the Commission for the Arts.  The motion was unanimously approved.

 

IN RE:  PUMP & HAUL AGREEMENT/WISE MTN FELLOWSHIP CHURCH

A motion was made by Bob Adkins, seconded by Jeff Salyers, to approve the Pump and Haul Agreement for the Wise Mountain Fellowship Church.  The motion was unanimously approved.

 

IN RE:  APPALACHIA CULTURAL ARTS COUNCIL, INC.

A motion was made by Doug Mullins, seconded by Edgar Mullins, to authorize the County Administrator to write a letter of commitment to the Appalachia Cultural Arts Council for $1,000.00 from the County's FY 2001-2002 Budget.  The motion was unanimously approved.

 

IN RE:  HANDS ACROSS THE MOUNTAIN AGREEMENT

A motion was made by Bob Adkins, seconded by Jeff Salyers, to authorize the Chairman to sign the agreement for project development and administration for Hands Across the Mountain Scenic Vistas and Overlook.  The motion was unanimously approved.

 

IN RE:  EFNEP  GARDEN PROJECT

A motion was made by Jeff Salyers, seconded by Betty Cornett, to approve a contribution of $300.00 to the Expanded Food and Nutrition Education Program (EFNEP) for a pilot EFNEP Garden Project.  The motion was unanimously approved.

 

IN RE:  RESOLUTION REGIONAL JAIL REIMBURSEMENT

A motion was made by Donnie Dowell, seconded by Bob Adkins, to adopt the resolution requesting a 50% reimbursement of all eligible project costs relative to the construction of a regional jail system serving the localities.  The motion was unanimously approved.

RESOLUTION #                2001

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

 

IN RE:  ST. PAUL MANUFACTURING PROJECT/RELEASE OF VCEDA FUNDS

A motion was made by Bob Adkins, seconded by Jeff Salyers, to authorize VCEDA to release to the Wise County IDA loan funds not to exceed $250,000.00 to be used for the site development and construction of a manufacturing facility in the St. Paul Industrial Park that is located partially in Wise County and partially in Russell County.  The motion was unanimously approved.

 

IN RE:  COMMISSIONER OF REVENUE REFUNDS

A motion was made by Jeff Salyers, seconded by Donnie Dowell, to approve the refund as requested by the Commissioner of Revenue.  The motion was unanimously approved.

 

IN RE:  LANDFILL USE FEE REFUND

A motion was made by Virginia Meador, seconded by Bob Adkins, to approve the landfill use fee refunds as requested.  The motion was unanimously approved.

 

IN RE:  PHONE COMMISSION APPROPRIATION

A motion was made by Donnie Dowell, seconded by Betty Cornett, to approve the appropriation of $2,325.00 from the Jail Phone Commission Fund as requested.  The motion was unanimously approved.

 

IN RE:  RAMSEY/WISE CONNECTOR ROAD/VDOT AGREEMENT

A motion was made by Doug Mullins, seconded by Bob Adkins, to authorize the County Administrator to execute the agreement between the Virginia Department of Transportation and Wise County for preliminary engineering development and administration of the Ramsey-Wise Technology Park access road.  The motion was unanimously approved.

 

IN RE:  APPOINTMENT/LONESOME PINE OFFICE ON YOUTH

A motion was made by Jeff Salyers, seconded by Donnie Dowell, to appoint Teresa Adkins to fill the unexpired term of Sheila Combs on the Lonesome Pine Office on Youth Board.  The motion was unanimously approved

 

IN RE:  APPOINTMENT/BUILDING CODE & APPEALS BOARD

A motion was made by Jeff Salyers, seconded by Donnie Dowell, to reappoint Dick Houchins to the Building Code & Appeals Board for a term of five (5) years.  The motion was unanimously approved.

 

IN RE:  APPOINTMENT/SOCIAL SERVICES BOARD

A motion was made by Virginia Meador, seconded by Betty Cornett, to appoint Marilyn Bumgarner to the Social Services Board for a term of four (4) years.  The motion was unanimously approved.

A motion was made by Jeff Salyers, seconded by Donnie Dowell,  to appoint J. D. Cassell to the Social Services Board for a term of four (4)  years.  The motion was unanimously approved.

 

IN RE:  SOUTHWEST  VIRGINIA EMERGENCY MEDICAL SERVICES COUNCIL

It was the consensus of the Board to table this appointment.

 

IN RE:  RESOLUTION/PSA BOND ENDORSEMENT

A motion was made by Bob Adkins, seconded by Doug Mullins, to approve the resolution consenting to the issuance of water and sewer revenue bonds by the Wise County PSA and providing for Wise County's moral obligation to make certain appropriations as needed. 

Aye-    Doug Mullins    Nay-None        Abstain-Donnie Dowell

            Edgar Mullins

            Virginia Meador

            Betty Cornett

            Bob Adkins

            Doug Stallard

            Jeff Salyers

RESOLUTION #        2001

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

 

IN RE:  PAYMENT OF ACCOUNTS

A motion was made by Donnie Dowell, seconded by Jeff Salyers, to approve the payment of accounts as presented to include the additions as presented by the County Administrator.  The motion was unanimously approved.

 

IN RE:  BLACKWOOD LANDFILL PAYMENTS

A motion was made by Virginia Meador, seconded by Bob Adkins, to approve the Blackwood Landfill payments as presented.  The motion was unanimously approved.

 

IN RE:  E-911 PAYMENTS

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

 

IN RE:  TRANSFER OF FUNDS/GENERAL FUND TO ENTERPRISE FUND

Chairman Stallard stated that the request to transfer funds from the general fund to the enterprise fund is to cover payments due in that account.  He asked Administrator Scott to further explain this request.

Administrator Scott explained that a payment is due April 1 to VRA in the amount of $770,880.00.  At the end of February, there was $694,982.00 in the enterprise fund account which left a needed balance of  $75,898.18.  Since March 1, another $22,271.27 has been collected in landfill use fees, leaving a needed balance of $53,626.91.  Therefore, Mr. Scott asked that $55,000.00 be transferred from the General Fund to the Enterprise fund to cover the expenses incurred.

A motion was made by Donnie Dowell, seconded by Bob Adkins, to transfer these funds from the county general fund to the enterprise fund as requested.  The motion was unanimously approved.

 

IN RE:  ENTERPRISE FUND PAYMENTS

A motion was made by Jeff Salyers, seconded by Virginia Meador, to approve the enterprise fund payments as presented.  The motion was unanimously approved.

 

BREAK

The Board took a brief recess at 7:25 p.m.

The Board reconvened its meeting at 7:35 p.m.

 

IN RE:  CLOSED SESSION

A motion was made by Jeff Salyers, seconded by Doug Mullins, to go into closed session to discuss investing of public funds and potential litigation as permitted by section 2.1-344A. 6&7 of the Code of Virginia.  The motion was unanimously approved.

After a lengthy closed session, a motion was made by Doug Mullins, seconded by Jeff Salyers, to reconvene the regular meeting.  The motion was unanimously approved.

 

IN RE:  RESOLUTION/CERTIFICATION OF CLOSED SESSION

A motion was made by Donnie Dowell, seconded by Jeff Salyers, to approve the resolution certifying matters discussed while in closed session.  The motion was unanimously approved.

RESOLUTION #         2001

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

 

IN RE:  BOARD  COMMENTS

Donnie Dowell voiced his appreciation to Acting Administrator Scott for the work that he has diligently performed in the absence of a County Administrator and for the many hours that he has sacrificed of his personal time while doing two jobs in the past eighteen months. 

 

IN RE:  BUDGET HANDOUT

There was some discussion on setting the tax rate for FY 2001-2002 with the notation that the tax rate must be set by March 30, 2001.

Administrator Scott presented Board members with a handout of four (4) scenarios of the proposed budget for FY 2001-2002 of which a proposed 8 cent tax increase and a proposed 10 cent tax increase was given for consideration.  Two of the scenarios proposed no tax increase.

After discussing the proposed tax rate, it was the consensus of the Board to have a recessed meeting on March 12 at 6:00 p.m. to review and discuss the proposed scenarios of the budget as presented by Administrator Scott and to possibly set a tax rate.

 

IN RE:  RECESS MEETING

A motion was made by Donnie Dowell, seconded by Jeff Salyers, to recess this meeting until March 12, 2001, at 6:00 p.m. in the old circuit court room for further discussion of the proposed FY 2001-2002 budget.  The motion was unanimously approved.

ATTEST:                  WISE COUNTY BOARD OF SUPERVISORS

 

______________________    ________________________

Clerk                                  Chairman

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