| The
Wise County Board of Supervisors met in a regular meeting
on Thursday, March 13, 2003, at 6:00 PM in the Board of Supervisors
meeting room located in the Wise County courthouse.
The following were present:
Honorable
Douglas A. Stallard - Chairman
Honorable
Betty Cornett - Vice-Chair
Honorable
Barry Nelson
Honorable
Edgar Mullins
Honorable
Virginia Meador
Honorable
Robert R. Adkins
Honorable
Jeffrey Salyers
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
T.
G. Branson led the Board in prayer.
PLEDGE OF ALLEGIANCE TO THE FLAG
All
led in the pledge of allegiance to the flag.
MINUTES
A motion was made by Jeff Salyers, seconded
by Betty Cornett, to approve the minutes as presented.
The motion was unanimously approved.
IN RE:
APPROVAL OF AGENDA
Chairman Stallard asked that the following
additions/deletions be made to the agenda:
Additions:
- Ratify
Notice of Proposed Real Property Tax Increase
- Set
public hearing 6:00 PM Thursday, March 20 on amending
partial property tax
- Request
Board of Equalization to reduce assessment of agricultural
property that would
qualify for a use value assessment program
- Set
compensation for Board of Equalization members
- PSA
appointment
Deletions:
- Resolution
concerning PSA remittances and share of annual audit cost
A
motion was made by Betty Cornett, seconded by Bob Adkins,
to approve the agenda to include the list of additions/deletions
as listed above. The
motion was unanimously approved.
STATEMENT FROM CHAIRMAN
IN RE:
PUBLIC EXPRESSION
Commonwealth
Attorney Joey Carico announced to the Board that he would
be leaving his position as Commonwealth Attorney on March
31st to take the position of
Chief Deputy for Attorney General in Richmond.
Mr.
Carico stated that in 2001, the Board approved a one time
additional funding request of $16,000 to fund a part-time
prosecutor for the Commonwealth Attorney's Office to help
reduce the caseload in his office.
Since a lot of cases were cleared from the docket,
Mr. Carico asked that the Board consider funding this position
once again. He
further asked that a portion of that be funded if the full
amount is not available.
Thelma
Gilley addressed the Board concerning the recent reassessment.
She posed several questions to the Board regarding
their knowledge of the recent reassessment and spoke briefly
on Mr. Wingate's comments at the last meeting and the percentage
of increases to property located in the Powell Valley area.
She questioned whether or not this was a uniform
reassessment according to the State Code.
Chairman
Stallard advised Ms. Gilley to present her questions to
the County Administrator and he would give her a written
answer.
Angela
Honeycutt, a resident of Andover; and Marlene Bush, voiced their concerns about the recent plans
set forth to renovate the schools that did not include Appalachia.
Kyle
Fletcher, member of School Board, spoke briefly on the upcoming
School Budget and the many needs of the schools.
Elmer
Phillips voiced his opposition to recent reassessment.
He also offered solutions to several problems facing
the County.
Emerson
Coffee told the Board that the three (3) trailers he owns,
instead of depreciating as trailers do, were reassessed
at the price of new trailers.
He opposed this.
Chairman
Stallard asked that he approach the Board of Equalization
with his complaint and they would review his reassessment.
A
citizen addressed the Board regarding the proposed amendment
to the litter ordinance on the section concerning junk cars. He asked that the Board deny the amendment as written.
Johnny
Coffee asked the Board for assistance in getting the Bear
Creek cleaned out since the residents get flooded during
heavy rains.
Chairman
Stallard advised Mr. Coffee to get with the County Administrator
and he would give him information on possible avenues to
get the stream cleaned out.
Walter
Crouse voiced his support of the proposed amendment to the
Solid Waste Ordinance (section on Litter Control)
to help control the litter problem in our County.
He also informed the Board that the school enrollment
is down and with the State budget cuts, there needs to be
some consideration on consolidating the School Board Offices
and delete some of the higher paying jobs to meet the funding
crisis.
Paula
Mullins, President Elect of the Pro-Art Association, asked
the Board to consider Pro-Art's funding for FY 2003-04. She reviewed the activities and performances of Pro-Art and
the benefits offered to Wise County and its citizens through
this association.
She also asked that they consider an additional funding
of $2,000 for the creative arts summer camp.
Stewart
Jessee asked the Board to consider another appraiser at
the next reassessment.
James
Leoneous, a resident of Big Stone Gap, said he had heard
a lot of questions but no answers.
There
being no further comments, the public expression period
was closed.
IN RE:
ROADS AND HIGHWAYS
T. G. Branson, Highway Resident Engineer,
gave an update on roads being repaired from the recent flooding.
IN RE:
REVENUE SHARING PROGRAM
Mr. Branson reviewed the Revenue Sharing
Program for FY 2003-2004 with a recommendation that the
Board participate in the program for an amount of $500,000.
A
motion was made by Jeff Salyers, seconded by Bob Adkins,
that the Board participate in the FY 2003-2004 Revenue Sharing
Program for an amount of $500,000 to be matched on a dollar-for-dollar
basis from the State of Virginia.
The motion was unanimously approved.
BOARD COMMENTS
Edgar Mullins asked the procedure for getting
"Children at Play" signs and a "Speed Study"
done.
Barry
Nelson informed Mr. Branson that on Rt. 68, near the mines
and the intersection of Rt. 763, a guardrail is needed in
that blind curve.
There is a drop off there that is very dangerous
at that point in the road.
Betty
Cornett asked for an update on guardrails in Crackers Neck.
IN RE:
REAL ESTATE PROPERTY TAX INCREASE NOTICE RATIFICATION
A motion was made by Betty Cornett, seconded
by Barry Nelson, to ratify the action of the Chairman in
sending out the notice of a public hearing for the proposed
real property tax increase set for March 30, 2003 at 6:00
PM for public comment.
Aye-
Barry Nelson
Nay-Edgar Mullins
Virginia Meador
Betty Cornett
Doug Stallard
Robert Adkins
Jeff Salyers
Robby Robbins
IN RE:
ORDINANCE ON PARTIAL PROPERTY TAX EXEMPTION FOR CERTAIN
ELDERLY AND DISABLED AMENDMENT
A motion was made by Jeff Salyers, seconded
by Betty Cornett, to hold a public hearing on March 20,
2003, at 6:00 PM to received citizens' comments regarding
a proposed amendment to the ordinance for partial property
tax exemption for certain elderly and disabled homeowners.
The motion was unanimously approved.
IN RE: EQUALIZATION BOARD'S ASSESSMENT
OF AGRICULTURAL PROPERTY
A
motion was made by Barry Nelson, seconded by Betty Cornett
to request the Board of Equalization to reduce assessment
of agricultural property that would qualify for a use value
assessment program. The motion was unanimously approved.
IN RE:
BOARD OF EQUALIZATION COMPENSATION
A motion was made by Virginia Meador, seconded
by Robby Robbins, to set the amount of compensation for
the Board of Equalization at $100 per day.
The motion was unanimously approved.
IN RE:
CONSENT AGENDA
Edgar
Mullins asked that budget amendment #23 & #24 be pulled
from the consent agenda and placed under new business for
discussion.
A
motion was made by Bob Adkins, seconded by Virginia Meador,
to approve the following items under the Consent Agenda:
Budget Amendments
- No.
21: Add $16,884
to the General Fund (Two For Life Funds); distribute among
the rescue squads in an equal amount ($2184 each)
- No.
22: Add $5714
to the General Fund (ARC grant); deposit in DEVELOP budget,
continuing education line item
Transfer from reserve for emergencies/contingency
line item
- $7935
to repair the fire sprinkler system at DSS ($2094) and
the Courthouse ($5841)
Resolution
Ratifying and Ending the Declaration of State of Local Emergency
Proclamations:
- National
County Government Week in Wise County
- The
Great American Cleanup in Wise County
- Honoring
Ms. Chantel Dean of St. Paul, recipient of the prudential
Spirit of Community
Award
The
motion was unanimously approved.
IN RE:
INMATE PHONE COMMISSION FUND TRANSFER OF FUNDS
A motion was made by Bob Adkins, seconded
by Jeff Salyers, to approve the transfer of $14,000 from
the Inmate Phone Commission Fund to the General Fund to
purchase and install fire alarm system etc.
Aye-
Barry Nelson
Nay-Edgar Mullins
Virginia Meador
Betty Cornett
Doug Stallard
Robert Adkins
Jeff Salyers
Robby Robbins
IN RE:
INMATE PHONE COMMISSION FUND TRANSFER
A
motion was made by Jeff Salyers, seconded by Bob Adkins,
to approve the transfer of $1723 from the Inmate Phone Commission
Fund to the General Fund for the purchase of razors, toothpaste,
etc.)
Aye-
Barry Nelson
Nay-Edgar Mullins
Virginia Meador
Betty Cornett
Doug Stallard
Bob Adkins
Jeff Salyers
Robby Robbins
IN RE:
WISE COUNTY SOLID WASTE ORDINANCE #3-1975 Section
18-1 & 18-13: LITTER CONTROL AMENDMENT
A public hearing was held on March 6, 2003,
to receive citizens' comments regarding the proposed amendment
to Wise County Solid Waste Ordinance #3-1975 Section 18-1
& 18-13: Litter Control.
At
the public hearing, several individuals voiced their support
of the proposed amendment and one citizen opposed the section
regarding abandoned vehicles.
A
motion was made by Bob Adkins, seconded by Doug Stallard,
to approve the proposed amendment to Ordinance #3-1975 as
presented.
There
was some discussion on the language in the proposed amendment
regarding the abandoned vehicles.
Attorney
Mullins stated that no provision has been set forth in the
ordinance regarding the abandoned vehicles but the definition
was left in the ordinance in error but has been removed
from the proposed amendment.
Virginia
Meador made a substitute motion to table the amendment since
she has not seen the amendment in its proper form. Betty Cornett seconded the motion.
Attorney
Mullins stated that when this amendment was initially prepared
there were provisions with regard to abandoned junk automobiles.
After reviewing the amendment, the section regarding
the abandoned junk vehicles was removed prior to the Board
setting the amendment for public hearing.
However, in error, the definition was left in the
amendment.
Chairman
Stallard asked for a vote on the substitute motion to table
the amendment
The
substitute motion was unanimously approved.
IN RE:
REZONE PROPERTY/TOMMY BRIGHT/ELITE DEVELOPMENT
A public hearing was held on March 6 to
receive citizens' comments regarding a request from Tommy
Bright with Elite Development, to rezone 11.02 acres from
A-RR to M-1 on the Coeburn-Norton Road for the purpose of
future development.
There
was no opposition to the proposed rezoning.
Chairman
Stallard stated that the Planning Commission recommended
approval of this request.
A
motion was made by Jeff Salyers, seconded by Bob Adkins,
to approve the rezoning of 11.02 acres from A-RR to M-1
on the Coeburn-Norton Road as requested by Tommy Bright.
The motion was unanimously approved.
IN RE:
REZONING/BATES AIRFIELD ROAD/BRENDA HOLBROOK
A public hearing was held on March 6 to
receive citizens' comments regarding a request from Brenda
Holbrook to rezone 1.14 acres located on Bates Airfield
Road from A-RR to M-1 for the purpose of constructing an
apartment building.
There
was no one to speak for or against the rezoning.
Chairman
Stallard stated that the Planning Commission had recommended
that this request be denied.
A
motion was made by Jeff Salyers, seconded by Bob Adkins,
to deny the request to rezone 1.14 acres located Bates Airfield
Road from A-RR to M-1.
The motion was unanimously approved.
IN RE:
QUARANTINE ORDINANCE FOR DOGS AND CATS
It was noted that since there is an outbreak
of rabies in Wise County, the Quarantine Ordinance for Dogs
and Cats is being adopted on an emergency basis that does
not require a public hearing.
A
motion was made by Virginia Meador, seconded by Betty Cornett,
to adopt the Emergency Ordinance Prohibiting Dogs and Cats
from Running at Large in Wise County for the Period of March
24, 2003 through April 24, 2003.
The motion was unanimously approved.
ORDINANCE #
2003
(Said
ordinance is on file in the County Administrator's Office)
IN RE:
RESOLUTION - SOUTHWEST VIRGINIA
REGIONAL JAIL AUTHORITY SERVICE AGREEMENT
A
motion was made by Jeff Salyers, seconded by Bob Adkins,
to adopt the resolution approving the Service Agreement
for the Southwest Virginia Regional Jail Authority as presented.
Aye-
Barry Nelson
Nay- Edgar Mullins
Virginia Meador
Betty Cornett
Doug Stallard
Robert Adkins
Jeff Salyers
Robby Robbins
RESOLUTION #
2003
(Said
resolution on file in the County Administrator's Office)
IN RE:
COMPENSATION FOR ATTENDING BOARDS AND COMMISSION
MEETINGS
A
motion was made by Edgar Mullins to reinstate the $25.00
fee for attending board and commission meetings.
The
motion died due to lack of second.
Jeff
Salyers made a motion to table the attendance fees.
Betty Cornett seconded the motion.
Aye-
Barry Nelson
Nay-Edgar Mullins
Virginia Meador
Betty Cornett
Doug Stallard
Bob Adkins
Jeff Salyers
Robby Robbins
IN RE:
PRO-ART FUNDING
A motion was made by Virginia Meador, seconded
by Bob Adkins, to commit $5,000 from the FY 2003-04 budget
for Pro-Art's Local Government Challenge Grant that will
be matched by the Virginia Commission for the Arts.
The motion was unanimously approved.
Chairman
Stallard noted that further funding for Pro-Art will be
considered during the upcoming budget.
IN RE:
APPOINTMENT-RECREATIONAL AUTHORITY
A motion was made by Barry Nelson, seconded
by Jeff Salyers, to appoint Angela Honeycutt to fill the
unexpired term of Ted Sizemore on the Recreational Authority.
Edgar
Mullins made a substitute motion to table this appointment
until next month.
The
substitute motion died to lack of second.
Chairman
Stallard asked for a vote on the main motion.
Aye-
Barry Nelson
Nay-Edgar Mullins
Virginia Meador
Betty Cornett
Doug Stallard
Robert Adkins
Jeff Salyers
Robby Robbins
IN RE:
APPOINTMENT -COMMUNITY CRIMINAL JUSTICE BOARD
A motion was made by Bob Adkins, seconded
by Edgar Mullins, to reappoint the following individuals
to the Community Criminal Justice Board.
- William
H. Price -currently the Chief of Police Representative
- Chuck
McHugh - Community Services Representative
- Ida
Ashbrook - Education Representative
- Kevin
Tiller - Defense Attorney Representative
- Honorable
Birg E. Sergent - Circuit Court Judge Representative
- Honorable
Elizabeth S. Wills -Juvenile and Domestic Relations Judge
Representative
- Honorable
Suzanne K. Fulton - General District Judge Representative
The
motion was unanimously approved.
IN RE:
APPOINTMENT - PSA
A motion was made by Betty Cornett, seconded
by Jeff Salyers, to appoint Danny Stallard to fill the unexpired
term of Kenneth Hillman on the Wise County Public Service
Authority.
Aye-
Barry Nelson
Nay-Edgar Mullins
Virginia Meador
Betty Cornett
Doug Stallard
Bob Adkins
Jeff Salyers
Robby Robbins
IN RE:
HOUSING REHABILITATION PROGRAM DESIGN/DERBY PROJECT
After
reviewing the Housing Rehabilitation Program Design for
the Derby Project, Administrator Sealover stated that the
Board needs to appoint a Rehabilitation Oversight Board,
approve the Bi-laws for the Oversight Board, and approve
the Rehab Program Design.
IN RE: APPOINTMENT REHABILITATION OVERSIGHT
BOARD
A motion was made by Bob Adkins, seconded
by Robby Robbins, to appoint the following individuals to
the Rehabilitation Oversight Board:
- Richard Falin, Community Leader
- Melvyn Eads, Community Leader
- Barry Nelson, Member Board of Supervisors
- Robert Mullins, Wise County Building
Official
The motion was unanimously approved.
IN RE:
HOUSING REHABILITATION OVERSIGHT BOARD'S BI-LAWS
A motion was made by Bob Adkins, seconded
by Betty Cornett, to approve the Bi-laws for the Housing
Rehabilitation Oversight Board.
The motion was unanimously approved.
IN RE:
HOUSING REHAB PROGRAM DESIGN
A motion was made by Barry Nelson, seconded
by Jeff Salyers, to approve the Housing Rehab Program Design
as presented. The
motion was unanimously approved.
IN RE:
FISCAL STATUS REPORT
The fiscal status report was placed in each
packet for board's review.
IN RE:
COUNTY ATTORNEY'S REPORT
Attorney Mullins presented the Board with
information she had received from VACo on land use assessment
and a draft ordinance that has been modeled after Frederick
County's ordinance that addresses farm use, open space,
and horticultural use.
There was some discussion on the methodology
use for assessing mined land and forestry land.
IN RE:
COUNTY ADMINISTRATOR'S REPORT
Administrator Sealover announced that the
groundbreaking for the Imboden Sewer Project would be held
on 3-18-03 at the Imboden Methodist Church.
BREAK
The Board took a brief recess at 7:50 PM.
The
Board reconvened its meeting at 8:05 PM.
IN RE:
CLOSED SESSION
A motion was made by Jeff Salyers, seconded
by Bob Adkins, to go into closed session as permitted by
section 2.2-3711A.7 of the Code of Virginia to discuss legal
matters: Consult
with attorney and staff concerning pending litigation, annexation,
boundary adjustments as per Code Cite: 15.2-2907D. The
motion was unanimously approved.
After
a brief closed session, a motion was made by Bob Adkins,
seconded by Barry Nelson, to reconvene the regular meeting. The motion was unanimously approved.
IN RE:
RESOLUTION CERTIFICATION OF CLOSED MEETING
Jeff Salyers read the certification for
closed meeting.
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 #
2003
(Said resolution is on file in the County
Administrator's Office)
IN
RE: RECESS
A motion was made by Jeff Salyers, seconded
by Bob Adkins, to recess the meeting until 6:00 PM on Thursday,
March 20. The
motion was unanimously approved.
ATTEST:
WISE COUNTY BOARD OF SUPERVISORS
____________________
________________________
Clerk
Chairman
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