Board of Supervisors - December 12, 2002 Regular Meeting

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The Wise County Board of Supervisors met in a regular meeting on Thursday, December 12, 2002, 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 Jeffrey Salyers - Vice-Chairman

Honorable Barry Nelson

Honorable Edgar Mullins

Honorable Virginia Meador

Honorable Betty Cornett

Honorable Robert Adkins

Honorable Robert Robbins- members of said Board and

Edward L. Sealover - County Administrator

Shannon C. Scott - Assistant County Administrator

Karen T. Mullins - County Attorney

Annette Underwood - Executive Secretary

 

PRAYER

Robby Robbins led the Board in prayer.

 

PLEDGE ALLEGIANCE TO THE FLAG

All gave the pledge of allegiance.

 

MINUTES

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

 

IN RE:  APPROVAL OF AGENDA

The following items were added/deleted from the agenda:

Additions:

Budget Amendment No13: add $36,000 in grant funds to the General Fund and distribute in the DEVELOP budget as follows:

Salaries                                    $25,500

FICA                                            1,250

Health Insurance                             750

Prof. svs. Other                             1,500

Travel                                          7,000            

Designation of Applicant's Agent Resolution.  This is to access almost $44,000 in US Department of Justice Equipment Grant Program funds (There is no local match).  The equipment is basically for the use of first responders.

Budget Amendment no 14:  Requested by the Sheriff, it would transfer $8,188 from the Inmate Phone Commission Fund to the General Fund.  Jail budget line items would be increased by $2,984 for repair of vehicles used for inmate litter pick up and capital outlay ($5,204) to purchase new computers.

Proclamation/resolution honoring J.J. Kelly Basketball team for its recent win of the state championship for 30 wins and zero losses.

Recognize BSG Forensic Team who also won state championship.

 

Deletion:

The Chairman requested the deletion of the proposed MSW transport charge to Coeburn and St. Paul from New Business.

A motion was made by Bob Adkins, seconded by Jeff Salyers, to approve the agenda to include the additions/deletions as presented.  The motion was unanimously approved.

 

IN RE:  PUBLIC EXPRESSION

Roger Williams, a resident of the Wildcat section of Big Stone Gap, addressed the Board with his concerns of the Williams bridge that was recently re-constructed by the County.  He stated that the bridge was not wide enough, nor strong enough to hold large trucks that use the bridge, and the opening of the drain pipe is not large enough to accommodate heavy rains that will result in flooding the surrounding homes.  Mr. Williams said he understood a contractor was hired to construct the bridge but for some reason the County did the work instead.  He noted that there was not an engineer on the job, nor did the bridge meet State requirements.  Pictures of the bridge were presented for a better view of the problem.  He said the people appreciated the bridge but it was not constructed to meet state specifications and would not meet the needs of the community.

Chairman Stallard advised that Mr. Robinson with the Highway Department will address this item later in the meeting.

Tom Wade and Earl Johnson, residents using this bridge, reiterated Mr. Williams's comments and voiced their opposition to the bridge also.

Carl Stidham, Jr. a resident living on the Day Town Road, asked the status of the road project and requested gravel to make the road passable for the school bus.

Chairman Stallard noted that nothing has changed since the last Board meeting.   

Board Member Barry Nelson informed Mr. Stidham that he has looked at the road to assess the problems with the R-O-W, etc., and stated that perhaps he would be able to assist with some gravel to make the road passable for the school bus.

Rick Bowman spoke regarding the animal laws.  He stated that the animal shelter is not providing vet care when needed to prevent suffering and to control the spread of disease as required by law.  He asked why this was not being done and if the County is not in violation of the law.

Administrator Sealover advised that he had already answered this question at the meeting held yesterday with some of representatives from P.A.W.S.  However, he stated that Dr. Hand has made periodic visits to the shelter and the County has never been sited for this, and in view of those who regulate the animal shelters throughout the state, the County is not in violation of State law.  The animal control officers are given the discretion to ascertain the condition of an animal and whether or not it is suffering or contaminated. Every situation is monitored and appropriate measures are taken as needed.

Mr. Bowman asked the amount of funding has been spent on animal care this year.

Administrator Sealover noted that zero funds have been spent on vet care for animals this year.

Susan Ramsey a resident of Rt. 610, addressed the Board regarding the revised Six Year Plan.  She stated that the residents of Powell Valley desire to see improvements to the Valley road for safety purposes if the natural beauty is not marred.   She stressed the safety issue but asked that no major changes be done to take away the natural beauty of the road.

Sharon Daniels, a resident of Powell Valley, voiced her opposition to the proposed plan for the top part of the Powell Valley road that would lead to a mountain side removal.  This would scar the beauty of the road that makes Powell Valley so special. 

A citizen informed the Board that Powell Valley High School took first place in the State in Theatre and Performing Arts.

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

     

IN RE:  ROADS AND HIGHWAYS

Highway Resident T.G. Branson informed the Board that an amendment was made in the Six Year Plan whereby a Rte. 610 project was removed from the plan that was of a major concern to the residents in that area.  A "no plan" for Rt 610 was left in the Six Year Plan which consists of the possibility of some minor improvements to the cliff and up by the quarry to Rt. 23 with some spot widening.  This, of course, depends upon donated R-O-W.

 

IN RE:  RESOLUTION/ SIX YEAR PLAN

A motion was made by Barry Nelson, seconded by Doug Stallard, to adopt the resolution approving the 2003-2004 thru 2008-2009 Secondary Road Six Year Plan and priority listing for the first year as amended. 

Aye-    Edgar Mullins             Nay-Betty Cornett

          Barry Nelson

          Virginia Meador

          Doug Stallard

          Robert Adkins

          Robby Robbins

 

RESOLUTION #      2002

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

 

REMARKS

Mr. Branson gave a brief update on construction throughout the County.

Mr. Branson advised that Kenny Robinson will look at the Williams bridge on Friday to get more information on the structure of the bridge.  He noted that the size of the pipe will definitely have a bearing on whether or not it meets VDOT's flood requirements in the event the bridge is considered for acceptance into the secondary system.

Chairman Stallard asked that a report be given to the Board on Mr. Robinson's findings on the structure of the bridge.

 

IN RE:  CONSENT AGENDA

A motion was made by Bob Adkins, seconded by Jeff Salyers, to approve the consent agenda as follows:

Set public hearing (January 2, 2003) (6:00 p.m.) on a proposed ordinance adopting a permitting process for emergency services operating within the boundaries of Wise County.

Set public hearing (January 2, 2003) (6:00 p.m.) on seven (7) proposed road names (E-911 System)

Budget Amendments

  1. No. 12:  Add $90,000 to General Fund revenues for ARCH's Food Distribution Center (CDBG funds) and create separate department for expenditures

The motion was unanimously approved.

 

IN RE:  RESOLUTION AUTHORIZING THE EXECUTION OF A RECIPROCAL AGREEMENT IN TIME OF EMERGENCY

A motion was made by Bob Adkins, seconded by Jeff Salyers, to adopt the resolution authorizing the execution of a reciprocal agreement providing mutual aid through the furnishing of police, other employees and agents in the event of need or emergency.  The motion was unanimously approved.

RESOLUTION #      2002

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

 

IN RE:  DERBY PROJECT/ENGINEERING SERVICES

A motion was made by Bob Adkins, seconded by Jeff Salyers, to authorize the Chairman or the County Administrator to execute a contract with Lane Engineering, Inc., for engineering services for the Derby Project.  The motion was unanimously approved. 

 

IN RE:  ANIMAL SHELTER/CONSTRUCTION CONTRACT/HEARTWOOD BUILDERS

A motion was made by Bob Adkins, seconded by Jeff Salyers, to authorize the Chairman or County Administrator to execute a contract with Heartwood Builders for construction services related to the new animal shelter.  The motion was unanimously approved.

 

IN RE:  DANCE HALL LICENSE/PIT STOP FAMILY GRILL, INC.

A motion was made by Jeff Salyers, seconded by Bob Adkins, to table the request for a dance hall license for the Pit Stop Family Grill until such time that Cara Branch, President of the Pit Stop Family Grill, can address the Board regarding her liquor license application that was in conflict with her letter of September 07 to the Board.  The motion was unanimously approved.

 

IN RE:  ORDINANCE/BOARD OF EQUALIZATION

A public hearing was held on December 5 to receive citizens comments regarding a proposed ordinance establishing deadlines for filing appeals to the Board and the date for the Board to act on said appeals.  There was no one to speak for or against the proposed ordinance.

A motion was made by Virginia Meador, seconded by Betty Cornett, to adopt the ordinance setting a deadline for filing disposition of all applications for relief from reassessment with the Board of Equalization.  The motion was unanimously approved.

ORDINANCE #            2002

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

 

IN RE:  ORDINANCE ANIMAL AND FOWL/SPAY/NEUTERING

A public hearing was held on December 5 to receive input from citizens regarding a proposed amendment to the Animal and Fowl Ordinance incorporating into the ordinance the provisions of state law requiring mandatory sterilization of animals adopted at the animal shelter.

There were remarks made from P.A.W.S at the public hearing concerning the need for funds to provide vet care for the animals brought into the shelter that have been injured or are sick.  They also voiced support for the mandatory sterilization of animals that are adopted from the shelter.

Robby Robbins made a motion to adopt the proposed amendment to the Animal and Fowl Ordinance regarding spay/neutering as presented.  Jeff Salyers seconded the motion.

Jeff Salyers asked if some of these funds could be set aside for vet care for the injured and sick animals.

Attorney Mullins stated that the funds must be used for the benefit of the animals at the pound.  The primary purpose of the funds would be for spay or neutering of animals that may not otherwise have been adopted out. 

Administrator Sealover stated that the request to the County Attorney was to have all the funds from the fines be deposited in the County's Dog and Cat Sterilization Fund.  However, the language was added to include " approval of services to benefit the animals".  This language was not intended for this ordinance.  Mr. Sealover proceeded to explain that the only way this program will be effective is to use the money from fines collected, donations, the Friendly License Plates and adopt a voucher program.  This could be used to reduce the cost for spay/neutering for those adopting animals from the shelter.  At the start of this year, a $20 voucher program will be implemented to assist those individuals who adopt animals from the shelter that are low income or elderly.

There was some discussion in that the amendment to the ordinance is confusing as to the purpose of the funds.

Attorney Mullins advised that the language "for other approved service" could be removed since the request was for the funds to be used solely for the sterilization of cats and dogs.

Since there was some questions regarding the language of the proposed amendment, Jeff Salyers made a motion to table this proposed amendment for further study.

After further discussion on vet care for the injured and/or sick animals brought into the shelter, Mr. Salyers withdrew his motion to table the ordinance.

Administrator Sealover advised that the Board can appropriate money through the budgetary process into professional services line item for veterinarian care.

Betty Cornett made a motion to adopt the proposed ordinance with the removal of the wording "or other approved service" and for vet care, use the method of transferring money into the professional services line item for the animal shelter if needed.  Virginia Meador seconded the motion.

Aye-    Betty Cornett             Nay-      Jeff Salyers

           Virginia Meador                      Edgar Mullins

           Doug Stallard                         Barry Nelson

           Robby Robbins                       Bob Adkins

The motion failed.

Chairman Stallard asked for a vote on the main motion to adopt the ordinance as presented.

Aye-    Jeff Salyers             Nay-         Betty Cornett

            Edgar Mullins                        Virginia Meador

            Barry Nelson                         Doug Stallard

            Bob Adkins                           Robby Robbins

The motion failed.

 

IN RE:  BUDGET FY 2002-03/ AMENDMENT

A public hearing was held on December 5 to receive citizens' input regarding proposed amendments to the adopted FY 2002-03 budget. There was no one to speak for or against the proposed amendments.

A motion was made by Jeff Salyers, seconded by Doug Stallard, to approve the proposed amendments to the adopted FY 2002-03 budget adding all funding for the PD1 Community Services Board and implementing the proposed Cost Containment Plan.  The motion was unanimously approved.

 

IN RE:  RIVERVIEW SEWER RATES INCREASED

The Riverview sewer rate increase was removed from the agenda

 

IN RE:  RESOLUTION ON POLICY FOR PLACING SIGNS, ETC. ON COUNTY PROPERTY

On a motion by Jeff Sturgill, seconded by Bob Adkins, that the resolution on policy for placing signs, monuments, plaques, etc., on County property and open common areas in County facilities was tabled indefinitely.  The motion was unanimously approved.

It was noted that a letter has been received from the Commissioner of Revenue's Office withdrawing its request to place a plaque on the courthouse walls.

 

IN RE: RESOLUTION ENDORSING SCENIC BYWAY ON PORTION OF RTE 23

Chairman Stallard stated that a letter has been received from the Chamber of Commerce stating that the Wise County Chamber of Commerce Travel & Tourism Committee has been actively seeking to have U.S. 23 through Virginia designated as Country Music Highway.  It was the Chamber's understanding that they must first have this highway declared a Virginia Scenic Byway before they could obtain the Country Music Highway designation.  The Chamber is only interested in obtaining the Country Music Highway and not the Virginia Scenic Byway.   

After discussion, a motion was made by Bob Adkins, seconded by Betty Cornett, to table the resolution on the Scenic Byway.  The motion was unanimously approved.

 

IN RE:  VEC CUSTOMER CONTACT CENTER  

A motion was made by Edgar Mullins, seconded by Jeff Salyers, to pursue securing the VEC Customer Contact Center and to solicit support of the legislative delegation.  The motion was unanimously approved.

 

IN RE:  ABANDONMENTOF ALLEYWAY IN TACOMA

A motion was made by Jeff Salyers to grant the abandonment of the alleyway in Tacoma.

Robby Robbins seconded the motion.

Attorney Mullins advised that the motion should be to proceed with the abandonment which means the alleyway would be posted at which time it would be determined whether or not there would be any objection to the abandonment.  If no objections are forthcoming, then at the next meeting a vote could be taken for the abandonment.

Mr. Salyers amended his motion to proceed with the abandonment    

The motion was unanimously approved.

 

IN RE:  APPOINTMENT-REDEVELOPMENT & HOUSING AUTHORITY

Barry Nelson nominated Randy Carter for the Redevelopment & Housing Authority appointment.

Edgar Mullins nominated James Robinson.

Jeff Salyers made a motion to cease nominations.

Chairman Stallard asked for a vote on Randy Carter to fill the vacancy on the Housing Authority.

Aye-    Barry Nelson             Nay-          Bob Adkins

            Virginia Meador                        Edgar Mullins

            Betty Cornett

            Robby Robbins

            Jeff Salyers

            Doug Stallard

 

IN RE:  APPOINTMENT COMMUNITY POLICY& MANAGEMENT BOARD

Bob Adkins nominated Carolyn S. Jones to the Community Policy Management Board.

Jeff Salyers made a motion to cease nominations.  Bob Adkins seconded the motion.

The motion was unanimously approved.

Chairman Stallard asked for a vote to reappoint Carolyn S. Jones to the Community Policy Management Board.  The appointment was unanimously approved.

 

IN RE:  APPOINTMENT BUILDING CODE & APPEALS BOARD

Robby Robbins nominated Steve Brooks to the Building Code & Appeals Board.  Jeff Salyers seconded the nomination.

Jeff Salyers made a motion to cease the nominations.  Bob Adkins seconded the motion.  The motion was unanimously approved.

Chairman Stallard asked for a vote on reappointing Steve Brooks to the Building Code & Appeals Board.  The appointment was unanimously approved.

 

IN RE:  APPOINTMENT LONESOME PINE YOUTH SERVICES BOARD

Betty Cornett nominated Charles Young and Nosheen Reza to fill the vacancies on the Lonesome Pine Youth Services Board.  Robby Robbins seconded the nomination.

Jeff Salyers made a motion that nominations cease.  Bob Adkins seconded the motion.  The motion was unanimously approved.

Chairman Stallard asked for a vote on appointing Charles Young and Nosheen Reza to fill the unexpired terms of Heather Rose and Larra Lambert on the Lonesome Pine Youth Services Board.  The appointments were unanimously approved.

 

IN RE:  APPOINTMENT-LENOWISCO BOARD OF DIRECTORS

Jeff Salyers nominated Robby Robbins to the LENOWISCO Board of Directors.

Edgar Mullins nominated himself to the LENOWISCO Board of Directors.

Jeff Salyers made a motion that nominations cease.  Virginia Meador seconded the motion.  The motion was unanimously approved.

Chairman Stallard asked for a vote on appointing Robby Robbins to the LENOWISCO Board of Directors.

Aye-    Barry Nelson             Nay-            Edgar Mullins

            Virginia Meador

            Betty Cornett

            Doug Stallard

            Robert Adkins

            Robby Robbins

            Jeff Salyers

 

IN RE:  APPOINTMENT - RADA

Jeff Salyers nominated Barry Nelson to the RADA Board.

Jeff Salyers made a motion that nominations cease.  Virginia Meador seconded the motion.  The motion was unanimously approved.

Chairman Stallard asked for a vote on the appointment of Barry Nelson to the RADA Board.  The appointment was unanimously approved.

 

IN RE:  ORGANIZATIONAL MEETING DATE

A motion was made by Jeff Salyers, seconded by Bob Adkins, to hold the Organizational meeting on January 2, 2003 at 5:30 p.m.  The motion was unanimously approved.

 

IN RE:  FISCAL STATUS REPORT

The fiscal status report through November was given to the Board for their information.

 

IN RE:  COUNTY ADMINISTRATOR'S REPORT

Administrator Sealover reported that Harold Wingate will address the Board at its January meeting to give an update on the general reassessment.  The fieldwork is scheduled to be completed by the end of next week and the reassessment notices are due to go out the second week in January.

 

BOARD COMMENTS

 

RECESS

The Board took a brief recess at 7:50 p.m.

The meeting reconvened at 8:00 p.m.

 

IN RE:  CLOSED SESSION

A motion was made by Jeff Salyers, seconded by Virginia Meador, to go into closed session for legal counsel and to discuss personnel, and real estate as permitted by Section 2.2-3711A.(1)(7)(3) of the Code of Virginia.  The motion was unanimously approved.

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

 

IN RE:  RESOLUTION / CLOSED SESSION

Jeff Salyers read the certification for closed session.

A motion was made by Jeff Salyers, seconded by Bob Adkins, to approve the resolution verifying matters discussed while in closed session.  The motion was unanimously approved by roll call vote.

RESOLUTION #        2002

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

 

ADJOURN

A motion was made by Jeff Salyers, seconded by Bob Adkins, to adjourn the meeting.  The motion was unanimously approved.

 

ATTEST                   WISE COUNTY BOARD OF SUPERVISORS

 

______________________  _________________________

Clerk                                Chairman

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