At a Budget Work Session of the Sussex County Board of ...



At a Budget Work Session of the Sussex County Board of Supervisors

Held in the General District Courtroom at Sussex Judicial Center

on April 17, 2008 – 6:30 p.m.

BOARD MEMBERS PRESENT

T. Wayne Birdsong Charlie E. Caple, Jr.

C. E. Fly Wayne M. Harrell

Harris L. Parker Rufus E. Tyler, Sr.

STAFF PRESENT

Mary E. Jones, County Administrator

Henry A. Thompson, Sr., County Attorney

Jerry L. Whitaker, Director of Finance

Brenda H. Drew, Housing Programs Coordinator

Eddie T. Vick, Public Safety Coordinator

Deborah A. Davis, Assistant to County Administrator

CALL TO ORDER

The April 17, 2008 budget work session of the Sussex County Board of Supervisors was called to order by Chairman Tyler.

FINANCE COMMITTEE REPORT

The Finance Committee was unable to meet on April 14, 2008 so the meeting was rescheduled to April 22, 2008 at 3:00 p.m., in the Waverly Office Building.

FISCAL YEAR 2009 BUDGET OVERVIEW

Mr. Jerry L. Whitaker, Director of Finance reviewed the proposed budget for fiscal year 2009. He also reminded them that the Board needs to set the date for the public hearing so that the budget can be adopted by June 30, 2008.

OTHER TAXES

Mr. Whitaker also provided an overview of scenarios of potential “new revenues” if the Board opted to create new taxes. He provided information on the following: Business Professional & Occupational License fees, Cigarette tax, meals tax, lodging tax and fees for services provided by the local rescue squads.

Supervisor Fly urged the members to review requests by external agencies and look for additional ways to reduce funding.

ADJOURNMENT

ON MOTION OF SUPERVISOR PARKER, seconded by SUPERVISOR CAPLE and carried: RESOLVED that the Sussex County Board of Supervisors hereby adjourns the April 17, 2008 budget work session.

Voting aye: Supervisors Birdsong, Caple, Fly, Harrell, Parker, Tyler

Voting nay: none

At a Regular Meeting of the Sussex County Board of Supervisors

Held in the General District Courtroom at Sussex Judicial Center

on April 17, 2008 – 7:30 p.m.

BOARD MEMBERS PRESENT

T. Wayne Birdsong Charlie E. Caple, Jr.

C. E. Fly Wayne M. Harrell

Harris L. Parker Rufus E. Tyler, Sr.

STAFF PRESENT

Mary E. Jones, County Administrator

Henry A. Thompson, Sr., County Attorney

Jerry L. Whitaker, Director of Finance

Brenda H. Drew, Housing Programs Coordinator

Eddie T.Vick, Public Safety Coordinator

Andre M. Greene, Director of Planning

Carolyn Stith-Myler, Assistant to Director of Planning

Deborah A. Davis, Assistant to County Administrator

CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE

The April 17, 2008 regular meeting of the Sussex County was called to order by Chairman Tyler; the Invocation was offered by Supervisor Caple; the Pledge of Allegiance was recited by all.

APPROVAL OF REGULAR AGENDA

ON MOTION OF SUPERVISOR FLY, seconded by SUPERVISOR HARRELL and carried: RESOLVED that the Sussex County Board of Supervisors hereby approves the Regular Agenda of the April 17, 2008 meeting, with one addition: (1) Under New Business, add Closed Session, for the discussion of personnel matters, applicable Code Section 2.2-3711(A)(1).

Voting aye: Supervisors Birdsong, Caple, Fly, Harrell, Parker, Tyler

Voting nay: none

APPROVAL OF CONSENT AGENDA

ON MOTION OF SUPERVISOR CAPLE, seconded by SUPERVISOR BIRDSONG and carried: RESOLVED that the consent agenda of the April 17, 2008 meeting of the Sussex County Board of Supervisors was approved, inclusive of the following: (1) Minutes of the March 20, March 27 and April 3, 2008 meetings; (2) Warrants and Vouchers in the amount of $297,401.97 and Payroll Deduction Checks in the amount of $139,935.05; (3) Declaration of April 20-26, 2008 as Administrative Professionals Week; (4) Resolution of Recognition of Existing Businesses; (5) Resolution Designating May as Community Action Month.

Voting aye: Supervisors Birdsong, Caple, Fly, Harrell, Parker, Tyler

Voting nay: none

STANDING REPORTS

Health Department - absent

Highways, Streets & Roads

Mr. William Richardson, Assistant Residency Administrator, Waverly Residency, VA Department of Transportation, addressed the Board and reported that mowing throughout the County will begin in early May. He asked for concerns of the Board members.

County Administrator’s Report

Richmond Economic Development Corporation

County Administrator Jones advised that Mr. Stephen J. Schley, Richmond Economic Development Corporation is present to discuss Richmond Development Corporation, a licensed intermediary of the SBA’s microenterprise and 504 development loan programs, and a certified Community Development Financial Institution (CDFI) and Community Development Entity (CDE).

Mr. Schley addressed the Board and provided background information of the Richmond Economic Development Corporation. He also distributed materials to the Board.

Outlying Landing Field

County Administrator Jones advised that Delegate Roslyn Tyler, Delegate William Barlow, Board members, staff and citizens from Sussex County, Surry County, Southampton County and Greensville County and Attorney Barry Steinberg met with Senator Jim Webb on Thursday, April 10, 2008 in the Russell Building. Congressman Robert Scott also attended the session. Senator John Warner sent representatives from his office. Governor Kaine also sent a representative. The meeting with the federal representatives was cordial and information was exchanged. However, no commitments were given to those in attendance in the fight against the locating of an outlying landing field in Sussex, Southampton or Surry.

The group was encouraged to attend the public scoping meetings scheduled by the Navy and get their concerns on the record.

A public forum sponsored by the Sussex County Board of Supervisors will be held on Wednesday, April 23, 2008, 7:00 p.m. at Sussex Central High School. Attorney Barry P. Steinberg has agreed to attend and make a presentation.

Also, the Navy will be conducting a public scoping meeting on Wednesday, April 30, 2008 from 4:00 p.m. to 9:00 p.m. This meeting will be held at the Sussex Central High School.

Sheriff’s Request to Transfer Funds

County Administrator Jones advised that Sheriff Bell is in out of town in training and was unable to attend tonight’s meeting. She recommended that the Board table this request until the May 21, 2008 meeting.

The Board tabled the Sheriff’s request to transfer funds from one line item to another line item until the May 21, 2008 meeting.

Pocahontas Community Improvement Grant

County Administrator Jones advised that staff contacted Ms. Elizabeth Boehringer (Community Representative, Department of Housing and Community Development) regarding the closeout of the Pocahontas Community Improvement Grant after the regular meeting in February.

Ms. Boehringer stated she was reviewing the files. She requested additional information from the County. This information has been sent and a confirming email was received. The County is waiting for final action by the State to close out the grant.

Treasurer’s Report

As reported by Mr. Onnie L. Woodruff, Sussex County Treasurer, the statement of money in the banks to the credit of Sussex County at the close of business March 31, 2008 was $21,677,877.02.

Mr. Woodruff also advised the Board that the Consumer Price Index (as it relates to landfill tipping fees) is currently 2.9%. The required dollar increase has been received from Atlantic Waste Disposal, Inc. The fee per ton is now $3.47.

PUBLIC HEARING

ON MOTION OF SUPERVISOR FLY seconded by SUPERVISOR BIRDSONG and carried: RESOLVED that the Sussex County Board of Supervisors enter Public Hearing to consider the following issues: (1) Secondary Six Year Plan – Fiscal Years 2008/09 through 2013/14; (2) Ordinance Amendment #2008-01; (3) Conditional Use Permit #2008-01, Earl Cross and Marcia Dickerson, applicants; (4) Conditional Use Permit #2008-02, Lee and Amy Hooker, applicants.

Voting aye: Supervisors Birdsong, Caple, Fly, Harrell, Parker, Tyler

Voting nay: none

Secondary Six Year Plan – Fiscal Years 2008/09 – 2013/14

Mr. William Richardson, Assistant Residency Administrator, Waverly Residency, VA Department of Transportation addressed the Board and presented the proposed Six Year Plan for Secondary Roads and Priority List for Fiscal Years 2008/09 through 2013/14. He also advised that he brought extra copies for citizens. He reviewed the following:

Priority Route From Length Estimated Cost Completion

1 686 Route 698 0.6 $64,000 Spring 2008

Spires Rd Dead End State Forces

2 603 Route 613 1.2 $300,000 Spring 2008

Triple Surry Cl State Forces

Bridge Rd

3 718 Route 735 0.7 $75,000 Fall 2008

Pine Tree 0.7 miles E State Forces

Road Route 735

4 626 South Int. 2.4 $4,285,708 Fall 2012

Courthouse Route 636 Contract

Road 0.4 miles N

Route 640

5 635 Bridge at 0.1 $447,000 ??????

Stokes Magus

Road Mill Pond

Ordinance Amendment #2008-01

The staff report was provided by Mrs. Carolyn Stith-Myler, Assistant to the Director of Planning.

An ordinance is proposed to amend Article II, Section 16-22 of the Zoning Ordinance to include a truck and tractor pulling track as a permitted use in the A-1, General Agricultural District with a conditional use permit.

Ordinance Amendment #2008-01 has been forwarded to the Board from the Planning Commission with a recommendation for approval. A copy of the proposed ordinance amendment is included in the Board packet.

Request

Lee and Amy Hooker are requesting that the Zoning Ordinance be amended to include a truck and tractor pulling track as a use permitted in the A-1, General Agricultural District. Presently the A-1 District does not contain any provisions which would allow the location and/or operation of a truck and tractor pulling track. The structure of the Zoning Ordinance is such that uses and activities not listed in a particular district are not allowed. In order to allow the applicants to construct and operate a truck and tractor pulling track, the use regulations section (Section 16-22) of the A-1, General Agricultural District must be amended to include a truck and tractor pulling track as a permitted use.

Recommendation

The Planning Commission at its March 3, 2008 meeting voted unanimously (7-0) to approve the amendment of the A-1, General Agricultural District to include a truck and tractor pulling track as a use permitted with a conditional use permit.

The amendment was approved for the following reasons:

1) The requirement of a conditional use permit will allow staff and the Commission the opportunity to evaluate each request on an individual case-by-case basis to assure the appropriateness of the location for such a use of property.

2) A truck and tractor pulling track appears to be consistent and compatible with a similar use currently allowed in the A-1 District with a conditional use permit.

3) The A-1 District allows for mud bogs with a conditional use permit.

Conditional Use Permit #2008-02, Lee and Amy Hooker, applicants

The applicants, Lee and Amy Hooker, seek a conditional use permit to operate a truck and tractor pulling track. The property in question, identified as tax map number 61A3-2-B, is zoned A-1, General Agricultural and consists of approximately fifteen (15) acres.

The site is located on the south line of General Mahone Highway (U.S. Route 460) approximately one (1) mile west of the corporate limits of the Town of Wakefield in the Wakefield Election District.

Conditional Use Permit Application #2008-02 has been forwarded to the Board from the Planning Commission with a recommendation for approval.

Statement

The applicants, Lee and Amy Hooker, are requesting a conditional use permit to operate a truck and tractor pulling track.

Location

The site in question, identified as tax map number 61A3-2-B, is located on the south line of General Mahone Highway (U.S. Route 460) approximately one (1) mile west of the corporate limits of the Town of Wakefield in the Wakefield Election District.

Findings

The subject property consists of approximately fifteen (15) acres of land currently zoned A-1, The affected property is partially wooded with the area for the proposed truck and pulling track being cleared. Surrounding land uses include woodlands, Norfolk and Southern Railroad, Isle of Wight Forestry Products, and an abandoned warehouse building.

Request

The applicants are requesting a conditional use permit to operate a truck and tractor pulling track on a portion of the 15 acre site in question. The applicants have indicated the following:

1. Six (6) events will be held per calendar year.

2. Events will be held during the months of April-October.

3. Events will be held on Fridays and Saturdays.

4. The hours of operation will be from 5:00 P.M. to 12:00 A.M.

5. A continuous concrete barrier and/or steel guard rail will be installed along the sides of the track for safety.

6. Bleachers will be installed to accommodate spectators.

7. Food will be served, but alcohol beverages will not be available.

8. There will be emergency rescue personnel on-site. The applicants have offered to donate a portion of the proceeds from each event to the local rescue squad.

9. The Sussex County Sheriff’s Department will be contacted to provide security and to regulate traffic.

10. Noise generated from the truck engines will range between 80-90 DBA.

11. A buffer of trees will be maintained to reduce noise levels.

12. There will be no overnight camping or parking of any recreational vehicles.

13. Port-a-johns will be made available for public use.

14. Liability insurance in the amount of $1,000,000.00 will be carried.

15. Ingress and egress to the truck and tractor pulling track will be from U.S. Route 460, the site of Isle of Wight Forest Products.

Concern

A concern of staff is the level of noise that will be generated by the proposed operation. The applicants have indicated that the noise to be produced by truck engines will range between 80 to 90 decibels (DBA). An 80 to 90 DBA range can be considered to be loud to very loud. Equivalent sounds in the 80-90 DBA range include an air compressor 20 feet away, a power lawnmower and a steady flow of highway traffic.

Staff has expressed this concern with the applicants and was informed that a buffer of trees will be maintained to help reduce the noise produced by the truck and tractor pulling track.

Recommendation

Findings:

1. The proposed use of the property for a truck and tractor pulling track is consistent with other uses allowed in the A-1, General Agricultural as the A-1, District currently allows mud bogs with a conditional use permit.

2. Only six (6) events will be held between the months of April and October and any impacts such as increased traffic and noise will be temporary.

3. The proposed truck and tractor pulling operation will provide a recreational opportunity to residents in Sussex County, as sources of recreation in Sussex County are limited.

4. To date, no objections have been received to Conditional Use Permit Application #2008-02.

5. The nearest residential dwellings in the Carver Heights section of the Pocahontas Community are located approximately 1,000 feet from the proposed site of the track.

6. The truck and tractor pulling track will not be visible from the highway and is buffered in the front and on the left side by trees.

Based on the findings stated above, the Planning Commission, at their March 3, 2008 meeting, voted unanimously (7-0) to approve Conditional Use Permit Application #2008-02 subject to the following conditions:

1. Security and rescue squad personnel shall be provided at all events.

2. The conditional use permit may be revoked by the Sussex County Board of Supervisors at any time, following a public hearing, if the truck and tractor pulling track is deemed to be a public nuisance.

3. The conditional use permit shall not transferable or assignable to future property owners.

4. No events shall be held on Sunday and all events must end by 11:30 P.M.

5. The number of races per calendar year shall be limited to six (6) unless an exception is granted by the Sussex County Board of Supervisors.

6. No alcoholic beverages shall be allowed or served onsite.

7. There shall be no overnight camping of RVs, travel trailers or campers.

8. A final site plan and an erosion and sediment control plan shall be prepared and submitted to the Planning Office for review and approval prior to the initiation of any land disturbing activity.

9. Ingress to and egress from the site shall not be from U.S. Route 460 and not thru the Pocahontas Community.

10. The buffer of trees located in the front and on the left side of the property shall be maintained for the life of the truck and tractor pulling track.

Conditional Use Permit #2008-01, Earl Cross and Marcia Dickerson, applicants

Statement

In accordance with Section 16-22 (19) of the Zoning Ordinance, the applicants, Earl Cross and Marcia Dickerson seek a conditional use permit for a mass gathering to allow an outdoor concert at 24197 South Halifax Road.

Location

The site in question, identified as tax map number 157-(A)-9, is located on the east line of South Halifax Road (Route 646) approximately fifteen hundred (1,500) feet south of the intersection of South Halifax Road and Ridge Road (Route 397) in the Henry Election District.

Findings

A night club, known as Club Paradise, is located on the property in question. The subject property consists of approximately five (5) acres of land currently zoned A-1, General Agricultural. A mass gathering is recognized as a permitted use in the A-1 Zoning District with a conditional use permit. Surrounding land uses include woodlands, CSX Railroad and a single-family residence.

Request

The applicants are requesting a conditional use permit for a mass gathering in order to have an outdoor R & B concert on the affected 5 acre site. A mass gathering is designated as a use permitted in the A-1 Zoning District with a conditional use permit.

The outdoor concert will be held in the spring of 2008 and will have approximately 2,000 people in attendance. The concert will be held from the hours of 3:00 P.M. to 7:00 P.M. with security provided by the Sussex County Sheriff’s Department.. Alcoholic beverages will be sold at the event and outdoor restrooms will be provided. The applicants will arrange for clean-up after the event.

Concerns

Off-Street Parking: A concern of staff is the availability and adequacy of space on the subject property to accommodate off-street parking. Given an expected crowd of 2,000 persons, approximately 500 motor vehicles could be anticipated. Staff estimated the number of expected vehicles by estimating that 4 persons would be riding together to the concert in a standard passenger vehicle (2,000/ 4 = 500).

Staff has expressed this concern with the applicants and was told that there will be adequate off-street parking available. The applicants have stated that buses will be charted to bring some of the expected crowd to the concert and that they were looking at other locations in the vicinity of the concert area for additional off-street parking.

On-site Sale and Consumption of Alcohol: The applicants have applied for an ABC license to sell alcoholic beverages at the proposed outdoor concert. One (1) of the Planning Commissioners expressed dissatisfaction with the applicants’ plan to sell alcohol beverages at the event and voted against the requested conditional use permit.

Recommendations

Findings:

1. The use of the property for an outdoor concert is consistent with the present use of the property as a night club.

2. The proposed outdoor concert is a one-time event and any impacts such as increased traffic and noise will be temporary.

3. The Sussex County Sheriff’s Department will provide security at the event.

4. No objections have been received to Conditional Use Permit Application #2008-01.

Based on the findings stated above, the Planning Commission, at their March 3, 2008 meeting, voted (6-1) to approve Conditional Use Permit Application #2008-01 subject to the following conditions:

1. Security shall be provided by the Sussex County Sheriff’s Department.

2. The conditional use permit shall be valid for only one (1) outdoor concert to be held in

the Spring of 2008.

3. The conditional use permit shall not be transferable or assignable to future property

owners.

4. Adequate restroom facilities shall be provided.

5. The property in question and any adjoining properties shall be cleaned of any

debris by and at the expense of the applicants.

6. The concert shall not extend beyond the hour of 8:00 P.M. and shall not be held on a

Sunday.

RETURN TO REGULAR SESSION

ON MOTION OF SUPERVISOR FLY, seconded by SUPERVISOR BIRDSONG and carried: RESOLVED that the Board of Supervisor shall return to regular session.

Voting aye: Supervisors Birdsong, Caple, Fly, Harrell, Parker, Tyler

Voting nay: none

ACTION BY THE BOARD OF SUPERVISORS

Ordinance Amendment #2008-01

ON MOTION OF SUPERVISOR FLY, seconded by SUPERVISOR BIRDSONG and carried: RESOLVED that the Sussex County Board of Supervisors hereby tables Ordinance Amendment #2008-01 until the May 21, 2008 Board meeting.

Voting aye: Supervisors Birdsong, Caple, Fly, Harrell, Parker, Tyler

Voting nay: none

Conditional Use Permit Application #2008-02, Lee and Amy Hooker, applicants

ON MOTION OF SUPERVISOR FLY, seconded by SUPERVISOR CAPLE and carried: RESOLVED that the Sussex County Board of Supervisors hereby tables Conditional Use Permit Application #2008-02, Lee and Amy Hooker, applicants, until the May 21, 2008 Board meeting.

Voting aye: Supervisors Birdsong, Caple, Fly, Harrell, Parker, Tyler

Voting nay: none

Conditional Use Permit Application #2008-02, Earl Cross/ Marcia Dickerson, applicants

ON MOTION OF SUPERVISOR BIRDSONG, seconded by SUPERVISOR PARKER and carried: RESOLVED that the Sussex County Board of Supervisors hereby approves Conditional Use Permit Application #2008-01, Earl Cross and Marcia Dickerson, applicants, subject to the following:

1. Security shall be provided by the Sussex County Sheriff’s Department.

2. The conditional use permit shall be valid for only one (1) outdoor concert to be held in

the spring of 2008.

3. The conditional use permit shall not be transferable or assignable to future property

owners.

4. Adequate restroom facilities shall be provided.

5. The property in question and any adjoining properties shall be cleaned of any debris

by and at the expense of the applicants.

6. The concert shall not extend beyond the hour of 8:00 p.m., and shall not be held on

a Sunday.

Voting aye: Supervisors Birdsong, Caple, Fly, Harrell, Parker, Tyler

Voting nay: none

Proposed Priority List – Six Year Plan 2008/09 through 2013/14

ON MOTION OF SUPERVISOR CAPLE, seconded by SUPERVISOR FLY and carried: RESOLVED that the Sussex County Board of Supervisors recognizes that Sections 33.1-23 and 33.1-23.4 of the 1950 Code of Virginia, as amended, provides the opportunity for each county to work with the Virginia Department of Transportation in developing a Secondary Six-Year Road Plan; and,

WHEREAS, this Board had previously agreed to assist in the preparation of this Plan, in accordance with the Virginia Department of Transportation policies and procedures, and participated in a public hearing on the proposed Plan (2008/09 through 2013/14) as well as the Construction Priority List (2008/09) on April 17, 2008 after duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Plan and Priority List; and

WHEREAS, William Richardson, Assistant Residency Administrator, VA Department of Transportation, appeared before the Board and recommended approval of the Six-Year Plan for Secondary Roads (2008/09 through 2013/14) and the Construction Priority List (2008/09) for Sussex County; and,

NOW, THEREFORE, BE IT RESOLVED that since said Plan appears to be in the best interests of the Secondary Road System in Sussex County and of the citizens residing on the Secondary System, said Secondary Six-Year Plan (2008/09 through 2013/14) and Construction Priority List (2008/09) are hereby approved as presented at the public hearing.

The priority list is as follows:

Estimated

Priority Route From Length Estimated Cost Completion

1 686 Route 698 0.6 $64,000 Spring 2008

Spires Rd Dead End State Forces

2 603 Route 613 1.2 $300,000 Spring 2008

Triple Surry Cl State Forces

Bridge Rd

3 718 Route 735 0.7 $75,000 Fall 2008

Pine Tree 0.7 miles E State Forces

Road Route 735

4 626 South Int. 2.4 $4,285,708 Fall 2012

Courthouse Route 636 Contract

Road 0.4 miles N

Route 640

5 635 Bridge at 0.1 $447,000 ??????

Stokes Magus

Road Mill Pond

Voting aye: Supervisors Birdsong, Caple, Fly, Harrell, Parker, Tyler

Voting nay: none

Commissioner of the Revenue – absent (attending a conference)

Sheriff’s Department – absent

Superintendent of Schools – absent (attending a conference)

Director of Social Services – no report

County Attorney’s Report – no report

CITIZENS COMMENTS

Comments were heard from Dr. C. R. Alston, Pastor of Liberty Baptist Church and member of the Sussex County Recreation Association. He asked the Board to give serious consideration to honoring their budgetary request.

UNFINISHED BUSINESS

County Vehicle Acquisition Policy

County Administrator Jones advised that nothing has been drafted at this point. She recommended tabling this item.

Appointment to Sussex Service Authority

At the March 20, 2008 meeting, the Board tabled this item regarding the vacancy on the Sussex Service Authority Board which was created by the December 31, 2007 expiration of Mr. John A. Stringfield’s term.

Supervisor Birdsong advised that he has been to several meetings of the Sussex Service Authority Board and Mr. Stringfield does not offer much in a manner of participation. He votes when it’s time to vote, but has very little input.

Supervisor Caple advised that he has spoken with Mr. Larry Hopson, Chairman of the Service Authority Board and that Mr. Hopson advised that he would like to see Mr. Stringfield reappointed.

Supervisor Fly advised that he had tried to contact Mr. Stringfield, but, to date, had not returned his call.

ON MOTION OF SUPERVISOR CAPLE, seconded by SUPERVISOR PARKER and carried: RESOLVED that the Sussex County Board of Supervisors hereby reappoints Mr. John A. Stringfield, 10391 Higgins Street, Wakefield VA 23888 to the Sussex Service Authority Board of Directors for a four year term, expiring December 31, 2012.

Voting aye: Supervisors Caple, Harrell, Parker, Tyler

Voting nay: Supervisor Birdsong, Fly

NEW BUSINESS

Closed Session

County Administrator Jones asked the Board to enter closed session.

ON MOTION OF SUPERVISOR FLY, seconded by SUPERVISOR HARRELL and carried: RESOLVED that the Sussex County Board of Supervisors hereby enters Closed Session to discuss personnel matters, applicable Code Section 2.2-3711(A)(1).

Voting aye: Supervisors Birdsong, Caple, Fly, Harrell, Parker, Tyler

Voting nay: none

RETURN TO REGULAR SESSION

ON MOTION OF SUPERVISOR HARRELL seconded by SUPERVISOR PARKER and carried: RESOLVED that the Sussex County Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provision of the Virginia Freedom of Information Act; and

WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Sussex County Board of Supervisors that such closed meeting was conducted in conformity with Virginia law.

NOW, THEREFORE BE IT RESOLVED that the Sussex County Board of Supervisors hereby certifies that, to the best of each member’s knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolutions applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Sussex County Board of Supervisors.

Voting aye: Supervisors Birdsong, Caple, Fly, Harrell, Parker, Tyler

Voting nay: none

ON MOTION OF SUPERVISOR FLY, seconded by SUPERVISOR CAPLE and carried: RESOLVED that the Sussex County Board of Supervisors hereby allocates and appropriates all funds provided by the State Compensation Board, effective April 16, 2008 to place Chief Deputy Kevin Diggs on the County’s Wage and Compensation scale and to provide the County’s supplement of $1,000.

Voting aye: Supervisors Birdsong, Caple, Fly, Harrell, Parker, Tyler

Voting nay: none

RECESS

ON MOTION OF SUPERVISOR, FLY, seconded by SUPERVISOR BIRDSONG and carried: RESOLVED that the Sussex County Board of Supervisors hereby recesses the April 17, 2008 meeting until 7:00 p.m. on April 23, 2008 at the Sussex Central High School.

Voting aye: Supervisors Birdsong, Caple, Fly, Harrell, Parker, Tyler

Voting nay: none

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