| The
Wise County Board of Supervisors met in a regular meeting
on Thursday, February 12, 2004 at 6:00 PM in the Board of
Supervisors meeting room located in the Wise County courthouse.
The following were present:
Honorable
John W. Peace, II, Chairman
Honorable
Fred Luntsford, Vice-Chairman
Honorable
Steve Bates
Honorable
Ronnie Shortt
Honorable
Virginia Meador
Honorable
Leland Branham
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
ABSENT
Robert
R. Adkins
PRAYER
Bob
Sturgill led the Board in prayer.
PLEDGE
OF ALLEGIANCE
All
led in the pledge of allegiance to the flag.
MINUTES
A
motion was made by Robby Robbins, seconded by Leland Branham,
to approve the minutes as presented.
The motion was unanimously approved.
IN
RE: APPROVAL
OF AGENDA
The
following items were added to the agenda under New Business:
(1)
Resolution (approving participation in the FY 04
(Supplemental) and FY 05 Revenue Sharing Program
(2)
Resolution supporting HJR 288 (requested by the clerk
of the court)
(3)
Closed Meeting:
consult with legal counsel (CNW tap fee and pre-treatment
requirement)
Ronnie
Shortt asked that the following resolutions be added to
New Business:
(1)
Resolution supporting increase in minimum wage
(2)
Resolution expressing opposition to the proposed
regulatory changes concerning overtime pay
A
motion was made by Robby Robbins, seconded by Leland Branham,
to approve the agenda with the additions as listed above.
The motion was unanimously approved.
IN
RE: PUBLIC
EXPRESSION
Edgar
Mullins addressed the Board asking for assistance in getting
the minimum wage increased and support in opposing the proposed
regulatory changes regarding overtime pay.
Mr. Mullins also informed Board members that once
the County's garbage is shipped out, outside garbage can
come in. He asked the Board to take this into consideration
when amending the Solid Waste Ordinance.
Tabathia
Bush and Heather Hamilton, representing Team Estonoa at
the St. Paul High School, informed the Board that Team Estonoa
has been awarded the 2004 SealWorld/Bush Gardens/Fujifilm
Environmental Excellence Award for environmental education.
T-shirts were given to Board members in appreciation
of the Board's financial support over the past four (4)
years.
Roy
Bonny, representing a room full of trailer park and apartment
owners, voiced opposition to the language in the recently
revised ordinance for Assessment of Fee for Disposal of
Solid Waste making the landlords responsible for collecting
its tenants landfill use fee. Mr. Bonny stated that with
the past Board, regarding this same ordinance, the landlords
agreed to provide a list of its tenants in lieu of having
the language changed to bill the tenants rather than the
landlords. He
asked that this Board consider their request also.
Jim
Manicure, representing the small businesses, stated that
this would be an added burden to the landlords since they
have no means of enforcing the collection of this fee.
He asked that the proposed ordinance be tabled for
further study.
Denver
Osborne asked that the Board have mercy on the landlords.
J.
H. Rivers, apartment owner, challenged some of the language
in the ordinance and voiced his opposition to said ordinance
as written. He
spoke briefly on the purpose and use of the convenience
centers and asked that they be made convenient to the public.
IN
RE: ROAD AND
HIGHWAYS
Kenny
Robinson, representing VDOT in the absence of Highway Resident
Engineer T.G. Branson, asked that the Board consider participating
in the Supplemental Revenue Sharing for FY 2003-04 and the
Revenue Sharing Program for FY 2004-05.
Board
members presented Mr. Robinson with needs in their area.
IN RE: CONSENT AGENDA
A
motion was made by Robby Robbins, seconded by Steve Bates,
to approve the consent agenda as follows:
The motion was unanimously approved.
IN RE: PUBLIC HEARING
ON LOCAL COMMUNITY DEVELOPMENT & HOUSING NEEDS
A
public hearing was set for 6:00 PM on March 4 for public
input regarding housing needs in relation to Community Development
Block Grant (CDBG) funding
IN RE: PUBLIC HEARING
ON CDBG APPLICATION/NORTH FORK WATER PROJECT
A
public hearing was set for 6:00 PM on March 11 for public
input regarding an application to be submitted to the VA
Dept. of Housing & Community Development for the North
Fork Water Project.
IN RE: PROCLAMATION COMMENDING
THE CHAMER OF COMMERCE FOR 50 YEARS OF SERVICE
Approved
Proclamation commending the Wise County Chamber of Commerce
for 50 years of services to Wise County and the City of
Norton
IN RE: PROCLAMATION /
UVA's COLLEGE AT WISE FIFTY YEARS
Approved
Proclamation recognizing UVA's College at Wise for its fifty
years of continually improving educational opportunities
for Southwest Virginia and the Commonwealth.
IN RE: BUDGET AMENDMENTS
(1)
No. 16: Increase General
Fund Revenues by $6900 (grant);
deposit in Emergency Services/Civil Defense miscellaneous
line item.
(2)
No. 17: Increase General
Fund revenues by $45,298 (grant); deposit in Emergency Services/Civil
Defense miscellaneous line item.
(3)
No. 18: Increase General Fund revenues by $133,014; deposit in Emergency
Services/Civil Defense miscellaneous line item.
IN RE:
TRANSFER FROM RESERVE FOR EMERGENCIES/CONTINGENCY
LINE ITEM
$4500 to Legal Services (County Attorney) professional
services - other line item (outside counsel, landfill use fee lawsuits)
IN RE: ORDINANCE FOR ASSESSMENT
OF FEE FOR DISPOSAL OF WASTE
A
public hearing was held on February 5 to receive citizens
input regarding a proposed ordinance for an Assessment
of Fee for Disposal of Solid Waste. Several citizens addressed
the Board with opposition to the rate increase and opposing
the language placing the collection of landfill fee upon
the landlords for their tenants.
After
discussing the changes requested by the citizens, Board
members agreed that landlords should provide an updated,
correct mailing list of its tenants on a quarterly basis
since there is such a turnover in the trailer parks and
apartments. The
tenants should be billed for their landfill fee rather than
the landlords. It was also noted that the term " four or
more" needs to be consistent throughout the ordinance.
After
further discussion, a motion was made by Fred Luntsford,
seconded by Robby Robbins, to hold a public hearing on March
4, 2004 at 6:00 PM to receive citizens' comments regarding
the proposed
ordinance on Assessment of Fee for Disposal of Solid Waste
with modified language to reflect the previous ordinance
with regard to responsibility of the landlords with the
exception that lists be provided quarterly rather than yearly.
Robby
Robbins suggested that the landlords be held accountable
for the fee if the tenant lists are not provided.
Mr.
Luntsford amended his motion to include the language whereby
the landlords would be responsible for the fee if the lists
of tenants were not provided.
The
motion was unanimously approved.
Mr.
Shortt asked the County Administrator to place the proposed
ordinance on the County website for public view.
IN RE: RESOLUTION / UVA
WISE CAMPUS POLICE
Ronnie
Shortt provided a brief background relating to the establishment
of UVA Wise campus police.
Steve
Bates made a motion to adopt the resolution granting concurrent
jurisdiction to UVA WISE campus police.
Leland Branham seconded the motion.
Aye-
Bob Adkins Nay-None Abstain
- Ronnie Shortt
Steve Bates
John Peace
Virginia Meador
Leland Branham
Robby Robbins
Fred Luntsford
RESOLUTION #
2004
(Said
resolution is on file in the County Administrator's Office)
IN RE: RESOLUTION PARTICIPATION
IN REVENUE SHARING PROGRAM
A
motion was made by Virginia Meador, seconded by Robby Robbins,
to adopt the resolution approving participation in the FY
04 Supplemental and FY 05 Revenue Sharing Programs.
The motion was unanimously approved.
RESOLUTION #
2004
(Said
resolution is on file in the County Administrator's Office)
IN RE: RESOLUTION SUPPORTING
HJR 288
A
motion was made by Ronnie Shortt, seconded by Steve Bates,
to adopt the resolution supporting the adoption of House
Joint Resolution 288.
The motion was unanimously approved.
RESOLUTION #
2004
(Said
resolution is on file in the County Administrator's Office)
IN RE: RESOLUTION / OVERTIME
PAY
A
motion was made by Ronnie Shortt, seconded by Steve Bates,
to authorize the County Administrator to prepare a resolution
expressing the Board's opposition to the proposed regulatory
changes concerning overtime pay with a copy of said resolution
being provided to Senators Allen and Warner and Congressman
Boucher.
Aye- Robby
Robbins Nay- None
Abstain- Virginia Meador (resolution not
Steve Bates
available for Board review)
Ronnie Shortt
Fred Luntsford
John Peace
Leland Branham
Motion
carried.
RESOLUTION #
2004
(Said
resolution is on file in the County Administrator's Office)
IN RE: RESOLUTION / MINIMUM
WAGE INCREASE
A
motion was made by Ronnie Shortt, seconded by Steve Bates,
to authorize the County Administrator to prepare a resolution
requesting the legislative delegation to support legislation
increasing the minimum wage.
Aye- Robby
Robbins Nay-None
Abstain- Virginia Meador (resolution not
Steve Bates
available for Board review)
Ronnie Shortt
Fred Luntsford
Leland Branham
John Peace
Motion
carried.
RESOLUTION #
2004
(Said
resolution is on file in the County Administrator's Office)
IN RE: APPOINTMENT / LENOWISCO
DISABILITY SERVICES BOARD
Ronnie
Shortt nominated Matt Hurt to the LENOWISCO Disability Services
Board.
There
being no further nominations, Chairman Peace closed nominations
with all voting in favor of nominee.
IN RE: TREASURER'S REQUEST
FOR EXTRA HELP
A
motion was made by Steve Bates, seconded by Leland Branham,
to approve the transfer of $7200 from the reserve for emergencies/contingency
line item to the Treasurer's Office for extra help through
this fiscal year.
Virginia
Meador stated that the departments were down-sized as per
the Governor's request and now that one of those positions
have been reinstated does that mean all the other positions
that were cut will be reinstated.
Administrator
Sealover advised that it would a decision of the Board to
reinstate any positions that were eliminated as part of
the current year's budget.
Mr.
Short explained the reason for reinstating this position
for the Treasurer's Office and noted that the Board has
not been approached about reinstating any other positions.
He said this position for the Treasurer's Office
will be addressed during the upcoming budget for next year.
Aye-
Bob Adkins Nay-None Abstain-Fred Luntsford
Steve Bates Virginia
Meador
Ronnie Shortt
John Peace
Leland Branham
Robby Robbins
Motion
carried.
IN RE: LETTER OF SUPPORT/TIM
COX
A
motion was made by Steve Bates, seconded by Ronnie Shortt,
to authorize the County Administrator to send a letter to
the Game and Inland Fisheries Board asking that Tim Cox
be considered for appointment to said Board.
Aye- Ronnie
Shortt Nay-None
Abstain- Robby Robbins
Steve Bates
Virginia Meador
John Peace
Leland Branham
Bob Adkins
Fred Luntsford
Motion
carried.
IN RE: CLOSED SESSION
A
motion was made by Robby Robbins, seconded by Fred Luntsford,
to go into closed session as permitted by section 2.2-3711A.7
of the Code of Virginia to discuss
The
motion was unanimously approved.
After
a brief session, a motion was made by Robby Robbins, seconded
by Virginia Meador, to reconvene the regular meeting.
The motion was unanimously approved.
IN RE: RESOLUTION/CERTIFICATION
OF CLOSED MEETING
Mr.
Luntsford read the certification for closed meeting.
A
motion was made by Ronnie Shortt, seconded by Robby Robbins,
to adopt the resolution certifying matters discussed while
in closed session.
The motion was unanimously approved by roll call
vote.
RESOLUTION #
2004
(Said
resolution is on file in the County Administrator's Office)
ADJOURN
There
being no further business, a motion was made by Robby Robbins,
seconded by Leland Branham, to adjourn the meeting.
The motion was unanimously approved.
ATTEST:
WISE COUNTY BOARD OF SUPERVISORS
_____________________
______________________
Clerk,
Edward L. Sealover Chairman,
John W. Peace, II
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