Board of Supervisors - July 8, 2004 Regular Meeting

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The Wise County Board of Supervisors met in regular session on Thursday, July 8, 2004, at 6:00 p.m. 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 Robert Adkins

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

 

PRAYER

Bob Adkins led the Board in prayer.

 

PLEDGE OF ALLEGIANCE

All led in the pledge of allegiance to the flag.

 

MINUTES

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

 

IN RE:  ADDITION TO THE AGENDA

The following items were asked to be added to the agenda:

(1) Award bid for Derby Pump Station Project

(2) Authorize the County Administrator to sign agreement with Boggs and issue Notice to Proceed

(3) Request Wise County Redevelopment and Housing Authority to investigate feasibility of a housing rehabilitation program in the Southern Section of Big Stone Gap (Supervisor Meador)

(4) Closed Session (Personnel - County Attorney Contract)

A motion was made by Bob Adkins, seconded by Steve Bates, to approve the agenda as presented with the additions as listed above.  The motion was unanimously approved.

 

IN RE:  PUBLIC EXPRESSION

Glenn Sturgill, a resident of the Pound area, asked that the Board redefine the proposed amendment to the Animal Control Ordinance to make it less restrictive on the Coon hunters but with enough teeth to protect citizens from animals that are a potential threat or danger.  He explained that hunters' dogs are under the owners control but there may be a one-time incident when the dog may stray and be tagged as vicious or dangerous.  Mr. Sturgill again voiced his concern that PETA and the Humane Society could use this definition to bring harm to the hunters.  He noted that these dogs are expensive and its taken years to train them and it could be for naught if one mistake is made.  He asked the Board to take into consideration all the information that has been brought before them before making their decision.

Attorney Mullins explained the mechanics of the proposed amendment stating that the dog is not automatically tagged vicious or dangerous. She said the Board does not have the authority to modify the definition  " vicious or dangerous" because that is defined by State Law. The Animal Wardens would look at each case to decide whether or not the dog owner will be taken to court.

Nancy Davis, a resident of Norton, asked that the Board get a written opinion from the Attorney General as to whether or not exporting County garbage or privatizing our municipal landfill would render the County's l988 Waste Ordinance unconstitutional.

Attorney Mullins replied that she does not feel that the County's l988 Solid Waste Ordinance will be affected by exporting or privatizing the landfill.  She noted that she has some prior opinions from the Attorney General relating to this matter and she would share those with Ms. Davis.

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

 

IN RE:  ROADS AND HIGHWAYS

Kenny Robinson, representing VDOT in the absence of Highway Resident Engineer T.G. Branson, informed the Board that the dedication ceremony for the "Jim Robinson Memorial Overlook" located between Big Stone Gap and Norton will be held sometime within the next two weeks.  The time and date will be forthcoming.

There were few comments from Board members.

 

IN RE:  CONSENT AGENDA

A motion was made by Ronnie Shortt, seconded by Virginia Meador, to approve the consent agenda as follows:

 

IN RE:  PROCLAMATION / PV MIDDLE SCHOOL FCCLA COMPETITION

Adopted the proclamation saluting the P. V. Middle School students participating in the FCCLA Competition.

 

IN RE: CONDITIONAL ZONING PERMIT / JOYEL MULLINS

Set public hearing on August 5 at 6:00 p.m. on a proposed conditional zoning permit for property located on Cranes Nest Road for the purpose of establishing an auto repair shop plus store for snacks & emergency supplies.

 

IN RE: APPROPRIATIONS

Approved the first quarter appropriations.

 

IN RE:  RESOLUTION / PLANNING DISTRICT ONE COMMUNITY SERVICES BOARD

Approved the resolution approving Planning District One Community Services Board FY 04-05 Performance Contract.

RESOLUTION #             2004

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

 

IN RE:  REFUND / US BANCORP EQUIPMENT FINANCE

Approved the refund request to US Bancorp Equipment Finance, Inc. for double assessment in 2002-2003 for Machinery & Tools in the amount of $6,733.25.

 

IN RE:  BUDGET AMENDMENT #1

Approved budget amendment #1:  Increase General Fund revenues by $141,583 (Homeland Security grant); deposit in Emergency Services budget, grant expense line item.

The motion to approve the consent agenda was unanimously approved.

 

IN RE:  ORDINANCE / TAX EXEMPT STATUS/JUNCTION CENTER FOR INDEPENDENT LIVING

A public hearing was held on July 1 to receive citizens' comments regarding a proposed ordinance approving the exemption of the Junction Center for Independent Living, Inc. from certain taxation.  There was no public opposition to the proposed ordinance.

A motion was made by Bob Adkins, seconded by Virginia Meador, to approve the Ordinance Approving the Exemption of the Junction Center for Independent Living, Inc. from certain taxation.  The motion was unanimously approved,

ORDINANCE #         2004

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

 

IN RE:  ORDINANCE AMENDMENT / ANIMAL CONTROL/ VICIOUS/DANGEROUS DOGS

A public hearing was held on July 1 to receive citizens' comments regarding a proposed amendment to Animal Control Ordinance #1-1975 pertaining to vicious/dangerous dogs.

There was both support and opposition to the proposed ordinance at the public hearing.

There was a brief discussion on the enforcement of the proposed amendment.

A motion was made by Bob Adkins, seconded by Leland Branham, to adopt the proposed amendment to Animal Control Ordinance #1-1975 pertaining to vicious/dangerous dogs.

Supervisor Shortt asked that the County Administrator/County Attorney provide a Procedural Policy to the animal wardens as to the enforcement of this amendment and its intent.

The motion was unanimously approved.

 

IN RE:  CONTRACT / COUNTY ECONOMIC CD ROM PRODUCTION

A motion was made by Ronnie Shortt, seconded by Steve Bates, to authorize the Chairman of the Board to execute and manage the County Economic CD Rom Production contract between Wise County and Menick Media, Inc.  The motion was unanimously approved.

 

IN RE:  TRANSFER STATION AGREEMENT

A motion was made by Fred Luntsford, seconded by Ronnie Shortt, to authorize the County Administrator to execute the Agreement with Joyce Engineering, Inc., to provide certain professional engineering services related to the transfer station and other solid waste management activities.  The motion was unanimously approved.

 

IN RE: RESOLUTION /VCEDA FUNDING FOR SOFTWARE ENGINEERING SCHOLARSHIPS

A motion was made by Ronnie Shortt, seconded by Leland Branham, to approve the resolution requesting VCEDA to support software engineering scholarships to assist local students to move from high school to software engineering majors.

Several Board members spoke of the need to expand the college and its course offerings to enable the local economy to expand in its educational programs which in turn will further the potential for the creation of jobs. It was also noted that contact has been made with MECC about offering a new associate degree in pre-engineering.

The motion was unanimously approved.

RESOLUTION #             2004

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

 

IN RE:  APPOINTMENT / HIGHWAY SAFETY COMMISSION

A motion was made by Fred Luntsford to appoint Owen Sharrett, Jr. to the Highway Safety Commission for a term of four (4) years.  The motion was unanimously approved.

 

IN RE:  APPOINTMENT / LENOWISCO BOARD OF DIRECTORS

A motion was made by Virginia Meador, seconded by John Peace, to reappoint Ben Allen to the LENOWISCO Board of Directors for a term of three (3) years.  The motion was unanimously approved.

 

IN RE:  APPOINTMENT / LONESOME PINE AIRPORT COMMISSION

A motion was made by Ronnie Shortt, seconded by Ben Allen, to table this appointment until next month.  The motion was unanimously approved.

 

IN RE:  APPOINTMENT / MOUNTAIN EMPIRE COMMUNTY COLLEGE

A motion was made by Fred Luntsford to appoint Doug Mullins, Jr. to the Mountain Empire Community College Board for a term of four (4) years.  The motion was unanimously approved.   

 

IN RE:  APPOINTMENT / LONESOME PINE REGIONAL LIBRARY BOARD

A  motion was made by Steve Bates, seconded by Bob Adkins, to appoint Betty Bolling to the LP Regional Library Board for a term of four (4) years.  The motion was unanimously approved.

A motion was made by Virginia Meador, seconded by John Peace, to reappoint Nita Wilson to the LP Regional Library Board for a term of four (4) years.  The motion was unanimously approved.

A motion was made by Bob Adkins, seconded by Steve Bates, to reappoint Carol Sue Gilbert to the LP Regional Library Board for a term of four (4) years.  The motion was unanimously approved.

A motion was made by Leland Branham, seconded by Robby Robbins to appoint Iloe Read Stallard to the LP Regional Library Board for a term of four (4) years.  The motion was unanimously approved.

 

IN RE:  APPOINTMENT/LONESOME PINE YOUTH SERVICES BOARD

A motion was made by Fred Luntsford to reappoint Harriett Bush to the LP Youth Services Board for a term of four (4) years.  The motion was unanimously approved.

 

IN RE:  APPOINTMENT / PLANNING COMMISSION

A motion was made by Virginia Meador, seconded by John Peace, to reappoint Edwin Roop to the Planning Commission for a term of four (4) years.  The motion was unanimously approved.

 

IN RE:  PLANNING DISTRICT ONE COMMUNITY SERVICES BOARD

A motion was made by Ronnie Shortt, seconded by Bob Adkins, to reappoint Mike O'Donnell to the Planning District One Community Services Board for a term of four (4) years.  The motion was unanimously approved.

A motion was made by Virginia Meador, seconded by Bob Adkins, to reappoint Nancy Reece to the Planning District One Community Services Board for a term of four (4) years.  The motion was unanimously approved.

 

IN RE:  APPOINTMENT / RECREATIONAL AUTHORITY

A motion was made by Fred Luntsford, seconded by Bob Adkins, to reappoint Angela Honeycutt to the Recreational Authority for a term of four (4) years.  The motion was unanimously approved.

 

IN RE:  DERBY PUMP STATION PROJECT / AWARD BID

A motion was made by Bob Adkins, seconded by Fred Luntsford, to award the bid for the Derby Pump Station Project to Boggs Municipal Services in the amount of $52,900.  The motion was unanimously approved.

 

IN RE:  DERBY PROJECT / NOTICE TO PROCEED

A motion was made by Fred Luntsford, seconded by Bob Adkins, to authorize the County Administrator to sign the agreement with Boggs Municipal Services and issue a Notice to Proceed pending submission of all appropriate documents and approval by VADHCD.  The motion was unanimously approved.

 

IN RE:  HOUSING REHABILITATION PROGRAM / BIG STONE GAP

A motion was made by Virginia Meador, seconded by John Peace, to request the Wise County Redevelopment and Housing Authority to investigate the feasibility of a housing rehabilitation program in the Southern Section of Big Stone Gap.  The motion was unanimously approved.

 

IN RE:  COUNTY ATTORNEY'S REPORT

Attorney Mullins reported that she had received a call from Dr. Botts who represents Hands Across the Mountain Scenic Vistas and Overlook Enhancement Project, asking whether or not the Board would consider accepting ownership of  the property proposed for the Black Mountain Scenic Overlook. The grant funding for this project will be forfeited at the end of the year if no public entity will accept ownership of the property.  She noted that if the Board accepts this offer, a public hearing would be required for public input.

The Board asked for further information regarding, upkeep, payment of electric bill, insurance, etc. and placed on the agenda for next month for consideration.

Attorney Mullins stated that it would be appropriate to place this item on the agenda for discussion at the next meeting and she would provide further information for the Board to consider.

 

IN RE:  CLOSED SESSION

A motion was made by Fred Luntsford, seconded by Ronnie Shortt, to go into closed session to discuss the County Attorney's Performance contract as permitted by section 2.2-3711(A)(1) of the Code of Virginia.  The motion was unanimously approved.

After a brief closed session, a motion was made by Ronnie Shortt, seconded by Bob Adkins, to reconvene the regular meeting.  The motion was unanimously approved.

 

IN RE:  RESOLUTION / CLOSED MEETING

The certification for closed meeting was read by Supervisor Robbins.

A motion was made by Bob Adkins, seconded by Steve Bates, to approve the resolution verifying 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)

 

IN RE:  COUNTY ATTORNEY PERFORMANCE CONTRACT

A motion was made by Bob Adkins, seconded by Fred Luntsford, to increase the County Attorney's annual salary to $32,750 after a favorable evaluation.  The motion was unanimously approved.

 

IN RE:  ASSISTANT COUNTY ATTORNEY

A motion was made by Bob Adkins, seconded by Virginia Meador, to give a stipend of $100 per month to the Assistant County Attorney.  The motion was unanimously approved.

 

ADJOURN

There being no further business, a motion was made by Ronnie Shortt, seconded by Steve Bates, to adjourn the meeting.  The motion was unanimously approved.

 

ATTEST:                               WISE COUNTY BOARD OF SUPERVISORS

 

___________________________   ___________________________________

Edward L. Sealover - Clerk       John W. Peace, II - Chairman

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