| The
Wise County Board of Supervisors met in a regular meeting
on Thursday, January 9, 2003, 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
Barry D. Nelson
Honorable
Edgar Mullins
Honorable
Virginia Meador
Honorable
Robert Adkins
Honorable
Jeffrey Salyers- 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
ABSENT
Honorable
Robert Robbins
PRAYER
Dr. Tom Renfro led the Board in
prayer.
MINUTES
Virginia Meador, seconded by Betty
Cornett, made a motion, to approve the minutes as presented.
The motion was unanimously approved.
IN RE: APPROVAL
OF AGENDA
The following items were added to
the agenda:
Add:
- PSA
appointment
- Closed
Session (Legal matters)
- Resolution
requesting support from other counties involved in annexation disputes on the proposed moratorium on annexation.
Edgar
Mullins voiced his opposition on having a countywide moratorium
on annexation because this would keep St. Paul from annexing.
The St. Paul annexation request involves no residents.
However, he is against the Big Stone Gap annexation
since there is opposition from those citizens to be annexed.
Bob
Adkins asked that the PSA appointment be removed from the
agenda until next month to allow him to speak to an individual
that may serve on this board.
Chairman
Stallard removed the PSA appointment from the agenda.
The
vote was unanimous to approve the agenda with the additions/deletions
as presented.
IN RE: CABLE
FRANCHISE AGREEMENT
Dave Harris, representing Customs Communications,
stated that the County has joined with the towns within
the County to contract with his company to negotiate the
franchise agreement with Adelphia, Scott Telecom and Electronics,
and Charter Communications. The proposed agreements follows the master cable regulatory
ordinance adopted by the Board.
Within that ordinance all rules are set for doing
cable business within the unincorporated areas of the County.
In the Franchise Agreement, there is an extension
of that ordinance whereby the cable operator will agree
to all of the provisions of the ordinance, such as twenty
homes per mile, insurance terms, customer services, etc.
Within the franchise agreements it states the percentage
of franchise fees that are paid by the cable operators for
the use of the County's public rights of way, which is 5%.
Mr. Harris stated that the term of the franchise
agreement is 15 years.
The reason for the fifteen years agreement is to
protect the interest of the citizens, which is no cost to
the citizens. He
recommended adoption of these agreements as presented.
Mr. Harris presented maps of the area that each cable
company is to service.
There was some discussion on the content of the agreement
regarding the 15-year term, the number of homes per mile,
and rates.
Mr. Salyers noted that there was a section in the
Carfax and Markham Hollow areas that have no cable. He asked that these areas be checked to ascertain whether or
not cable is feasible.
Jeff Salyers spoke regarding lease access channels
in that there has been no public broadcast of the Board
meeting as of late.
He stated that at one time another TV station televised
the Board meetings without fail.
Administrator Sealover noted that Adelphia had commented
in a meeting this day regarding the fact that they have
restored live broadcast of the Board of Supervisors meetings
through their lease access arrangements.
Mr. Harris said it was his understanding from the
meeting with Adelphia today, that a contract has been executed
with that individual to televise the upcoming Board meetings.
Mr. Mullins asked about the cable
access to public buildings.
The proposed agreement states that it is federal
law to only furnish 150 feet of drop cable and if more cable
is needed the customer is responsible.
Mr.
Harris explained that this is a technical problem, which
depends on the megahertz of the system.
After each 150 feet, there must be a booster.
The FCC, federal statutes and customer service standards,
have stated that 150 feet is the standard.
He explained that 150 feet
is all that is allowed in the agreement, however,
the cable company can vary from that figure.
IN RE: CLOSED
SESSION
Bob Adkins, seconded by Virginia
Meador, made a motion to go into closed session to discuss
legal matters as per section 2.2-3711A.7 of the Code of
Virginia. The
motion was unanimously approved.
After
a short 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 Virginia Meador,
to approve the resolution verifying matters discussed while
in closed session.
The motion was unanimously approved by roll call
vote.
RESOLUTION #
2003
(
Said resolution is on file in the County Administrator's
Office)
IN RE: PUBLIC
EXPRESSION
Don Green, representing a group
of residents from Paramont Subdivision, asked the Board
to expedite its decision on rezoning of the property across
from the UVA-Wise baseball field.
He noted the request has been back and forth between
the Board and the Planning Commission with no end result.
Therefore, the property owners adjacent to this property,
wants a decision from the Board.
Elmer
Phillips voiced his concerns that our land is not ruled,
as it should be, under the U. S. Constitution.
He asked the Board to read up on the Constitution
and make sure they are abiding by it.
Rick
Bowman asked that the spay/neutering ordinance be placed
back on the agenda.
Chairman
Stallard advised that the agenda for this meeting has been
approved but his request would be taken into consideration.
Jo
Ann Harding, a member of P.A.W.S., told the Board she was
thankful for the proposed shelter that is to be built in
the near future. She
spoke briefly on the revenue source of
"Animal Friendly" license plates stating that those
funds are to be spent toward the spay/neutering program.
Administrator
Sealover advised that those funds are being deposited in
the County's Dog and Cat Sterilization Fund as required
by the Animal Friendly License Program.
A voucher program is being set up with the vets in
the County for spay/neutering for which these funds would
help defer those costs.
Angela
Wharton Gibson, a resident of Wise, asked who was in charge
of these funds, where the money is going, and if the money
is be distributed fairly.
Administrator
Sealover stated that he would be in charge of those funds.
Ms.
Gibson asked that some type of form or document be implemented
to show that those funds are being appropriated correctly
and fairly.
There
being no further comments, the public expression period
was closed.
IN RE: ROADS
AND HIGHWAYS
T.G. Branson, Highway Resident Engineer,
informed the Board that VDOT is currently working on the
bridge between Appalachia and Big Stone with part of the
traffic lane being closed.
The purpose of this closure is to place a red light
at that location.
Board
members presented needs in their district for Mr. Branson
to review.
IN RE: CONSENT
AGENDA
A motion was made by Jeff Salyers,
seconded by Betty Cornett, to approve the consent agenda
as follows:
IN RE: CONDITIONAL
ZONING/ALFRED COX ROAD/ VERNADE BAKER
To set a public hearing on February
6 at 6:00 p.m. for conditional zoning for one-half acre
of property located on 9101 Alfred Cox Road from an A-RR
to a B-1 district for the purpose of continuing a retail
business.
IN RE: APPROPRIATIONS
Approve the third quarter appropriations.
IN RE: DERBY
RENOVATION ADMINISTRATIVE AGREEMENT
Authorized Board Chairman to execute
Administrative Agreement with LENOWISCO regarding the Derby
Renovation Project.
IN RE: BUDGET
AMENDMENTS
- No. 15: Increase General Fund revenues by $4,425 (Court Records Preservation
Grant); increase Circuit Court Clerk's professional services
- other line item by that amount
- No.
16: Increase
General Fund revenues by $4,000 (DMV Mini-Grant); add
$2,200 to overtime and $1,800 to police supplies line
items of Sheriff's law enforcement budget.
- No.
17: Increase
General Fund revenues by $2,597 by a transfer from the
Jail Phone Commission Fund;
increase appropriate Corrections and Detention
budget line item.
The
motion was unanimously approved.
IN RE: E-911
ROAD NAME ADDITIONS
A public hearing was held on January
2 to receive citizens' comments regarding the E-911 road
name additions. There
were no comments at the public hearing.
A
motion was made by Jeff Salyers, seconded by Betty Cornett,
to approve the E-911 road name additions as presented. The motion was unanimously approved.
(Said
names are on file in the County Administrator's Office)
IN RE: ORDINANCE
FOR EMERGENCY
SERVICES
A
public hearing was held on January 2 to receive citizens'
comments regarding a proposed ordinance adopting a permitting
process for emergency services agencies operating within
the boundaries of Wise County.
There was no opposition to the proposed ordinance.
A
motion was made by Virginia Meador, seconded by Betty Cornett,
to adopt the ordinance for emergency service agencies operating
within the boundaries of Wise County.
The motion was unanimously approved.
ORDINANCE #
2003
(Said ordinance is on file in the
County Administrator's Office)
IN RE: REZONING
/ RON STIDHAM/PROPERTY ACROSS FROM COLLEGE
Chairman Stallard stated that the
Board has the option of sending this request for rezoning
back to the Planning Commission to be heard before the full
Planning Commission with a recommendation to the Supervisors
to approve or disapprove.
The Board can send it out for a public hearing and
make its own decision on whether to approve or disapprove
the rezoning request.
Attorney
Mullins advised that the Board has the discretion, if it
wants additional input, to have the Planning Commission
have a full board vote.
The Planning Commission could deny this request since
a quorum was present at the time the vote was taken.
However, the Supervisors must take action within
a twelve-month period regarding this request.
There
was some discussion on the "without recommendation" that
was sent to the Board by the Planning Commission in that
it was not a "true" recommendation.
After
further discussion, a motion was made by Edgar Mullins,
seconded by Jeff Salyers, to hold a public hearing on February
6 at 6:00 p.m. to receive citizens' comments regarding a
rezoning request made by Ron Stidham on 3.47 acres of property
located across from UVA-Wise baseball field from R-1 to
R-2. The motion
was unanimously approved.
IN RE:
CABLE TELEVISION FRANCHISE AGREEMENTS FOR CHARTER
& SCOTT COUNTY TELECOM AND ELECTRONICS
A motion was made by Bob Adkins,
seconded by Jeff Salyers, to hold a public hearing on February
6 at 6:00 p.m. to receive citizens' comments regarding the
Cable Television Franchise Agreements for Charter Communications
and Scott County Telecom and Electronics.
The motion was unanimously approved.
IN RE: TRANSFER
OF FUNDS FOR IDA
PUMP STATION
Administrator Sealover explained
that the pump station serving the water system to the Tech
Park was damaged by lightening before it was turned over
to the Town of Wise.
The town has refused to pay the cost for having the
pump station repaired since the damage was done prior to
the transfer. The
County did not budget for this expense.
Therefore, a transfer from the contingency/reserve
for emergencies line item of $6,100 is needed to cover this
cost. He noted,
however, that a claim has been submitted to the insurance
company for possible payment.
After further discussion, a motion
was made by Betty Cornett, seconded by Jeff Salyers, to
table the transfer of funds until a response has been received
from the insurance company as to whether or not this expense
is covered. The
motion was unanimously approved.
IN RE:
DANCE HALL LICENSE / PIT STOP FAMILY GRILL
There were some reservations among
Board members in allowing a dance hall license for the Pit
Stop Family Grill with teenagers on the premises where alcohol
beverages are being sold.
Jeff Salyers stated that the couple
requesting the license said the coolers would be locked
down on teenagers' night and no alcohol would be served.
Attorney Mullins advised that the
owners have the discretion of serving alcohol on teen night
without violating any ABC regulations.
The owner could also designate the dance area for
teenagers and serve alcohol to the adults in the restaurant
portion of the facility.
This would, however, increase the owner's liability.
Regarding the dance hall license, once it is granted,
it is without restrictions.
After further discussion, a motion
was made by Jeff Salyers, seconded by Bob Adkins, to approve
the dance hall license for the Pit Stop Family Grill.
Aye-
Barry Nelson
Nay- Doug
Stallard Abstain-
Edgar Mullins
Virginia Meador
Betty Cornett
Bob Adkins
Robby Robbins
Jeff Salyers
The
motion carried.
IN RE: PLAQUE
ON WALL OF COURTHOUSE/SONS OF CONFEDERATE VETERANS
A motion was made by Edgar Mullins,
seconded by Barry Nelson, to table the request for the placement
of Sons of Confederate Veterans memorial plaque in the courthouse.
The motion was unanimously approved.
IN RE: AUDIT
APPROVAL
A motion was made by Jeff Salyers,
seconded by Bob Adkins, to approve the County audit ending
June 30, 2002 as presented.
The motion was unanimously approved.
IN RE: APPOINTMENTS/BOARD
OF EQUALIZATION
The following individuals were recommended
for appointment to the Board of Equalization:
District
1:
Jim Flanary
District
2:
Bill Wampler
(Alt) Otho Craft
District
3:
Mike Mason
Vacant
District
4:
Monroe Robinette
(Alt) Larry Salyer
Chairman
Stallard asked District 3 to follow up with one more name
for their district.
BOARD
COMMENTS
Jeff Salyers asked that the County
Administrator be directed to draft a letter to our legislators,
for the upcoming session, asking that the retirement age
for state employees especially those of the Department of
Corrections and public safety offices be reduced from twenty-five
years to twenty years.
There were few comments from Board
members.
IN
RE: RESOLUTION
/ MORATORIUM ON ANNEXATION
A
motion was made by Bob Adkins, seconded by Betty Cornett,
to adopt a resolution asking the neighboring counties to
support HB 2755 regarding the moratorium on annexation.
The motion was unanimously approved.
RESOLUTION #
2003
(Said resolution is on file in the
County Administrator's Office)
ADJOURN
A motion was made by Bob Adkins,
seconded by Barry Nelson, to adjourn the meeting. The motion was unanimously approved.
ATTEST:
WISE COUNTY BOARD OF SUPERVISORS
____________________
______________________
Clerk
Chairman
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