At a Regular Meeting of the Sussex County Board of Supervisors



At a Regular Meeting of the Sussex County Board of Supervisors

Held in the Auditorium of the Sussex Central High School

On Thursday, August 16, 2007 at 7:30 p.m.

BOARD MEMBERS PRESENT

Charlie E. Caple, Jr. William J. Collins, Jr.

C. Eric Fly Wayne M. Harrell

Alice W. Jones Rufus E. Tyler, Sr.

STAFF PRESENT

Mary E. Jones, County Administrator

Henry A. Thompson, Sr., County Attorney

Jacqueline Macklin-Brown, Deputy County Administrator

Jerry L. Whitaker, Director of Finance

Andre M. Greene, Director of Planning

Carolyn S. Myler, Assistant to Director of Planning

Deborah A. Davis, Assistant To County Administrator

CALL TO ORDER

The August 16, 2007 meeting of the Sussex County Board of Supervisors was called to order by Chairman Tyler; the invocation was offered by Supervisor Fly.

APPROVAL OF REGULAR AGENDA

ON MOTION OF SUPERVISOR HARRELL seconded by SUPERVISOR COLLINS and carried: RESOLVED that the regular agenda August 16, 2007 meeting of the Sussex County Board of Supervisors is hereby approved subject to the following amendment: Under County Administrator’s Report, defer Item #6, Overtime Pay For Sheriff’s Department until the September 20, 2007 Board meeting.

Voting aye: Supervisors Caple, Collins, Fly, Harrell, Jones, Tyler

Voting nay: none

APPROVAL OF CONSENT AGENDA

ON MOTION OF SUPERVISOR COLLINS, seconded by SUPERVISOR FLY and carried: RESOLVED that the consent agenda of the August 16, 2007 meeting of the Sussex County Board of Supervisors is hereby approved including the following: (1) Minutes of the July 19, 2007 joint and regular meetings; (2) Approval of Warrants and Vouchers in the amount of $303,804.49 and Payroll Deduction Checks in the amount of $67,010.79; (3) Resolution in Recognition of Personal Touch Home Care Services; (4) Appropriation Request to pay Invoices #20071205, dated July 6, 2007 in the amount of $12,495.00 and #20071212, dated August 6, 2007 in the amount of $10,245.00.

Voting aye: Supervisors Caple, Collins, Fly, Harrell, Jones, Tyler

Voting nay: none

The resolution for Personal Touch Home Care Services reads:

WHEREAS, getting enough exercise is the second most pressing health concern of a large percentage of Americans and positive leisure experiences are vital to good physical and mental health enhancing the quality of life for all individuals; and,

WHEREAS, Sussex County has invested time, energy and dollars in providing the walking track, exercise stations and gazebo at Stony Creek Park to promote the incorporation of physical activity in the citizens who live in the immediate area; and,

WHEREAS, Personal Touch Home Care Services recognized the importance of this effort and has supported the development of this park with the donation of two benches at this property.

THEREFORE BE IT RESOLVED, that the Sussex County Board of Supervisors accepts and acknowledges this very generous donation from Personal Touch Home Care Services; and,

BE IT FURTHER RESOLVED, that this resolution be presented to the owners and operators of Personal Touch Home Care Services with appreciation and gratitude for joining in the County’s effort in promoting fitness while having fun.

STANDING REPORTS

Health Department - absent

Highways, Streets and Roads

Mr. McFarland Neblett, Resident Administrator of the Waverly Residency of the Virginia Department of Transportation addressed the Board and requested that the Board approve of the abandonment of a portion of Moore’s Lane in Jarratt, Virginia. (He provided a copy of a proposed resolution to the Board for adoption).

ON MOTION OF SUPERVISOR CAPLE, seconded by SUPERVISOR JONES and carried: RESOLVED that a public notice was posted as prescribed under Section 33.1-151, Code of Virginia, announcing a public hearing to receive comments concerning abandoning the section of a Sussex County road from the secondary system of state highways; and,

WHEREAS, the Commissioner of the Virginia Department of Transportation was provided the prescribed notice of the Board’s intent to abandon the subject section of road; and,

WHEREAS, after considering all evidence available, this Board is satisfied that no public necessity exists for the continuance of the section of Secondary Route 736 from 0.09 miles north of Route 667 to 0.14 miles north of Route 667, a distance of 0.05 miles and hereby deems that section of road is no longer necessary as a part of the Secondary System of State Highways.

NOW THEREFORE BE IT RESOLVED, this Board abandons the above described section of road and removes it from the secondary system of state highways, pursuant to Section 33.1-151, Code of Virginia.

BE IT FURTHER RESOLVED that a certified copy of this resolution is to be forwarded to the Resident Administrator of the Virginia Department of Transportation.

Voting aye: Supervisors Caple, Collins, Fly, Harrell, Jones, Tyler

Voting nay: none

Mr. Hugh Harrell, 25380 Harrell Road, Jarratt, Virginia, addressed the Board and spoke about Route 610, traffic concerns (from Route 609 to Route 631). He requested that the Board of Supervisors give consideration to and recommend to the Virginia Department of Transportation the following:

➢ Reduction of speed limit (currently 45 miles per hour)

➢ Placement of signs directing drivers to I-95

➢ Consider “Children At Play” signs

➢ Consider “Farm Machinery” signs

➢ Consider “No through truck” signs

He further stated that there are 19 curves in a 3 mile distance, no signs on the roads and a lot of commuters use this route as a short cut to their destinations. (A copy of the information provided by Mr. Harrell’s is retained in the August 16, 2007 Board of Supervisors packet).

Mr. MacFarland Neblett, Resident Administrator of the Waverly Residency of the Virginia Department of Transportation advised that he will review these issues and report to the Board.

County Administrator’s Report

Request To Dispose of Surplus Property

County Administrator Jones requested approval from the Board to declare the following as surplus property:

Used computer equipment

21 monitors

7 hard drives (CPUs)

12 keyboards

7 speakers

3 mice

She also requested approval to donate this equipment to the Yale Seventh Day Adventist School.

ON MOTION OF SUPERVISOR COLLINS, seconded by SUPERVISOR FLY and carried: RESOLVED that the Sussex County Board of Supervisors hereby declares the following used computer equipment as surplus property: 21 monitors, 7 hard drives (CPUs), 12 keyboards, 7 speakers, 3 mice; and

FURTHER RESOLVED that the equipment shall be donated to the Yale Seventh Day Adventist Elementary School.

Voting aye: Supervisors Caple, Collins, Fly, Harrell, Jones, Tyler

Voting nay: none

Route 460 Corridor Joint Effort

County Administrator Jones advised that staff is continuing to work with the Towns with regard to the proposed Route 460 Corridor Project. The County received information from the Town of Waverly this week and will have the joint letter drafted by Monday, August 20, 2007.

Outlying Landing Field

Chairman Tyler thanked everyone for their attendance and comments at the August 15, 2007 public meeting regarding the proposed Outlying Landing Field. He allowed time for citizens to share their comments.

Comments were heard from: Ms. Abby West, Ms. Diane Shanko-Mayer and Ms. Olivia Popp. All speakers spoke in opposition to the proposed Outlying Landing Field.

Chairman Tyler stated that the Board has listened to all of the comments that were provided by the citizens and has considered the facts and reported that the Board takes the position to oppose placement of the Outlying Landing Field in Sussex County.

ON MOTION OF SUPERVISOR COLLINS, seconded by SUPERVISOR FLY and carried: RESOLVED the Honorable Timothy M. Kaine, Governor of Virginia, acting by and through the Virginia Office of Commonwealth Preparedness, assisted the United States Navy (the Navy) in identifying alternative sites within the Commonwealth for potential development of an outlying landing field (OLF) to support field carrier landing practice for Navy pilots assigned to Naval Air Station (NAS) Oceana; and

WHEREAS, the Virginia Department of Forestry published a site suitability analysis, which based upon certain criteria and parameters established by the Navy, identified ten potential OLF sites in five southeastern Virginia counties, including King and Queen, Greensville, Southampton, Surry and Sussex; and

WHEREAS, as of August 15, 2007, it was announced by representatives from the Navy and Office of The Commonwealth Preparedness that Fort Pickett has been included as a potential site; and

WHEREAS, two of the eleven potential sites, ten identified by the Department of Forestry with the addition of Fort Pickett and provided to the Navy by the Office of Commonwealth Preparedness for further consideration are situated wholly or partially in Sussex County, including sites referred as to 3A and 3B; and

WHEREAS, the Navy has released documentation that states concern over aircraft noise was the primary reason given for proposing the moving of aircraft training from Oceana/ Fentress Airfield in Virginia Beach to a proposed OLF site in one of the to be designated eleven preferred sites under consideration; and

WHEREAS, proposed OLF Site 3A, a combined site located in Sussex and Southampton Counties with Core Acres of 39,554 and Total Suitable Acres of 126,262 and proposed OLF 3B Site in Sussex County, Virginia would consist of approximately 2,683 acres and Total Suitable Acres of 22,934 causing various landowners and citizens of our county to be forced, if no agreement is reached, to sell their homes and farms at market value or be taken using eminent domain procedures; and

WHEREAS, proposed OLF, if constructed and operated in Sussex County, Virginia, in all probability, would cause Sussex County citizens as a whole to bear a major real estate and other local property tax increases to cover the lost tax revenues in our county which is rural and already identified by the State of Virginia as one of the ten most fiscally stressed communities in the Commonwealth; and,

WHEREAS, Sites 3A and 3B are located in and near the vicinity of protected natural areas and wetlands which include the Piney Grove Wildlife Preserve, home of the “Red Cockaded Woodpecker,” the Chub Sandhill Natural Area Preserve, Lake Airfield, Peters Bridge Road State Public Boat Landing, Garland Gray Forestry Center, Natural Heritage sites and other plant and wildlife species in Sussex County; and

WHEREAS, the Sussex County Board of Supervisors has significant concern over the audible disruption caused by an increase in aircraft noise and its potential to regularly disrupt the peace, health and well being of the County’s citizens; and

WHEREAS, the Sussex County Board of Supervisors acknowledges the contributions of our military in preserving life, liberty and freedom for all citizens of Sussex County, Virginia and the United States of America; and,

WHEREAS, the U S. Navy and all branches of our American military and its service men and women shall have the perpetual gratitude for its service and well deserved thanks and, in many more and other ways, recognition.

NOW, THEREFORE BE IT RESOLVED that the Sussex County Board of Supervisors does hereby declare its opposition to the construction of an OLF in Sussex County because of, but not limited to, the regular manifestation of aircraft noise at disruptive levels would be counter productive and negatively affect the economic growth of our county and the health and well being of the citizens of Sussex County, Virginia

BE IT FURTHER RESOLVED that the Sussex County Board of Supervisors requests that the Governor of Virginia, Delegate Roslyn C. Tyler and Senator L. Louise Lucas to remove and withdraw Sites 3A and 3B in Sussex County, Virginia from further consideration by the United States Navy.

Voting aye: Supervisors Caple, Collins, Fly, Harrell, Jones, Tyler

Voting nay: none

ON MOTION OF SUPERVISOR FLY, seconded by SUPERVISOR HARRELL and carried: RESOLVED that the Sussex County Board of Supervisors hereby approves and appropriates an amount not to exceed $25,000 and authorizes staff to seek proposals for a consultant to provide a preliminary study of the economic and environmental impacts of an Outlying Landing Field in Sussex County, if needed.

Voting aye: Supervisors Caple, Collins, Fly, Harrell, Jones, Tyler

Voting nay: none

Virginia’s Gateway Region

County Administrator Jones advised that Mrs. Renee Wyatt-Chapline, Executive Director, Virginia’s Gateway Region is in attendance and will make a presentation on the various activities of Gateway.

Ms. Chapline provided a power point presentation of the updates and activities of Virginia’s Gateway Region.

Supervisor Collins added that Sussex County has a good relationship with Virginia’s Gateway Region and they work hard for Sussex County in trying to bring forth economic development. He also advised that their office has moved to a new location at 256 Ellerslie Avenue, Suite D, Colonial Heights VA.

PUBLIC HEARING

ON MOTION OF SUPERVISOR HARRELL seconded by SUPERVISOR CAPLE and carried: RESOLVED that the Board of Supervisors shall enter public hearing to consider Conditional Use Permit Application #2007-01, Chase Boykin, applicant, Rezoning Application #2007-02, Sussex County, applicant and Rezoning Application #200703, Henry L. Murphy, applicant.

Voting aye: Supervisors Caple, Collins, Fly, Harrell, Jones, Tyler

Voting nay: none

Staff reports were provided by Mrs. Carolyn S. Myler, Assistant to the Director of Planning.

Conditional Use Permit #2007-01, Chase Boykin, applicant

The applicant Chase Boykin, seeks a conditional use permit to operate a towing/wrecker service with inoperable vehicle storage on property identified as tax parcel numbers 17-((A))-19 & 20. The property in question is zoned A-1, General Agricultural, which allows the proposed use with a conditional use permit.

The site in question is located on the north line of Beaverdam Road (Route 606) approximately 1,000 feet west of the intersection of Beaverdam Road and Sussex Drive (Route 40) in the Blackwater Election District.

Findings: The subject property is located at 4904 Beaverdam Road and situated on the north line of Route 606 with a single family dwelling and two (2) accessory structures (a 48’ x 75’ pole shed and a 48’ x 50’ metal butler building). The site in question is approximately two (2) acres and contains 150 feet of road frontage with a semi-circular driveway providing ingress-egress. Surrounding land uses consist of open farmland, woodlands and rural single-family residential development. There are no public utilities (water and sewer) available at the subject property.

Request: The applicant is requesting a conditional use permit in order to continue operating a towing/wrecker service and storing inoperable/damaged vehicles. There are (2) accessory structures (a 48’ x 75’ pole shed and a 48’ x 50’ metal butler building) on the affected property that are used to store the inoperable/damaged automobiles. A rollback is used to transport vehicles to the site in question and is kept on the premises. The Board of Supervisors granted Mr. Fred Butler (now deceased) a conditional use permit for operation of the towing/wrecker service on November 16, 2006 for a period of six (6) months. This conditional use permit expired on May 16, 2007. However, Mr. Chase Boykin has been allowed to continue operating the towing/wrecker service while his application is going thru administrative review and the public hearing process.

Existing Land Use: The general vicinity of the subject property is rural in character and consists of agricultural and residential uses. To the east and adjacent to the site in question are single family dwellings. Other land uses surrounding the site in question include farmland and woodlands. The affected property is bound on all side by land zoned A-1, General Agricultural District. The area directly across the road (Route 606) consists of farmland.

Future Land Use: The subject property is designated in the County’s adopted Comprehensive Plan for future residential development.

Complaints: A few months ago, the adjacent land owner, Mr. William Bain, issued a complaint to the Planning Office relative to noise from backup alarm of the tow truck stayed on for a long period of time. When staff questioned the applicant, Mr. Chase Boykin, about the alleged incident, he contended that the allegation was false because he had the backup alarm on the tow truck disconnected so it couldn’t possibly had caused a disturbance.

Mr. Bain has also submitted a written letter of opposition to the request (included in the Board packet).

On Thursday, August 16, 2007, staff received a letter from Mr. Roy C. Barbour, 5060 Beaverdam Road, Waverly VA advising that he has resided at his address for 10 years and during that time frame and has not experienced any problems.

Staff has made several visits to the site in question and found no violations each time.

Recommendation: The Planning commission at their July 9, 2007 meeting voted (7-1) to approve Conditional Use Permit Application #2007-01 for a period of twelve (12) months subject to the following conditions:

1) No more than fifteen (15) inoperable vehicles shall be stored on the premises at any given time. However, the Director of Planning may temporarily waive this requirement only after receiving a valid request from the applicant or his duly authorized agent.

2) The wooden solid board fence that has been erected to screen the towing/wrecker operation from the adjoining residence shall not be removed and shall be properly maintained.

3) No outside or open air storage of inoperable vehicles shall be allowed unless an exception is granted by the Director of Planning. The property shall not become an automobile graveyard/junkyard.

4) No repairs of automobile/vehicles shall be allowed on the subject property at any time with the exception of the applicant’s personal automobile/vehicles.

5) No business signs shall be permitted on the subject property.

6) No vehicles shall be unloaded at the site in question between the hours of 12:00 a.m. and 6:00 a.m. unless it is necessary to allow the early morning pickup of another vehicle.

7) The front doors of two (2) storage buildings shall remain closed when vehicles are not being transported in and out of these buildings.

8) CUP #2007-01 shall be valid for a period of twelve (12) months and may be renewed thereafter by the Board of Supervisors for periods of up to one (1) year following the written request of the applicant for renewal of the CUP.

9) CUP #2007-01 shall be subject to termination by the governing body (Board of Supervisors) at any time upon the applicant’s violation of any of the above stated conditions.

10) CUP #2007-01 is issued to the applicant, Chase Boykin and may be transferable and assignable following the approval of the Board of Supervisors.

Rezoning Application #2007-02, Sussex County Board of Supervisors, applicant

The applicant, Sussex County Board of Supervisors, seeks to rezone property identified as tax parcel number 7-A-7, consisting of 152.81 acres from A-1, General Agricultural District to I-1, Limited Industrial District for development of an industrial park.

The site in question is located on the north side of Route 602 (Cabin Point Road) at the intersection of Route 602 and U. S. Route 460 (General Mahone Highway) in the Blackwater Election District.

Rezoning Application #2007-03, Henry L. Murphy, applicant

The applicant, Henry L. Murphy, seeks to rezone property identified as tax parcel number 1-(1)-2, consisting of approximately 13.13 acres, from A-1 General Agricultural District to B-1, General Business District to allow for speculative commercial development.

The site in question is located on the northeast side of U.S. Route 460 (General Mahone Highway) at the Sussex County / Prince George County line in the Blackwater Election District.

The Chairman called for citizens comments the on aforementioned applications.

Blackwater District - none

Courthouse District - none

Henry District - none

Stony Creek District - none

Wakefield District - none

Waverly District - none

Mr. Milton Martin, representative for Mr. Henry Murphy (applicant for Rezoning Application #2007-03) addressed the Board and encouraged them to vote in support of the rezoning request.

ON MOTION OF SUPERVISOR CAPLE seconded by SUPERVISOR JONES and carried: RESOLVED that the Sussex County Board of Supervisors shall return to regular session.

Voting aye: Supervisors Caple, Collins, Fly, Harrell, Jones, Tyler

Voting nay: none

ON MOTION OF SUPERVISOR FLY, seconded by SUPERVISOR CAPLE and carried: RESOLVED that the Sussex County Board of Supervisors hereby approves Conditional Use Permit #2007-01, Chase Boykin, applicant, subject to the following:

1) No more than fifteen (15) inoperable vehicles shall be stored on the premises at any given time. However, the Director of Planning may temporarily waive this requirement only after receiving a valid request from the applicant or his duly authorized agent.

2) The wooden solid board fence that has been erected to screen the towing/wrecker operation from the adjoining residence shall not be removed and shall be properly maintained.

3) No outside or open air storage of inoperable vehicles shall be allowed unless an exception is granted by the Director of Planning. The property shall not become an automobile graveyard/junkyard.

4) No repairs of automobile/vehicles shall be allowed on the subject property at any time with the exception of the applicant’s personal automobile/vehicles.

5) No business signs shall be permitted on the subject property.

6) No vehicles shall be unloaded at the site in question between the hours of 12:00 a.m. and 6:00 a.m. unless it is necessary to allow the early morning pickup of another vehicle.

7) The front doors of two (2) storage buildings shall remain closed when vehicles are not being transported in and out of these buildings.

8) CUP #2007-01 shall be valid for a period of twelve (12) months and may be renewed thereafter by the Board of Supervisors for periods of up to one (1) year following the written request of the applicant for renewal of the CUP.

9) Conditional Use Permit number 2007-01 shall be subject to termination by the governing body (Board of Supervisors) at any time upon the applicant’s violation of any of the above stated conditions.

10) Conditional Use Permit number 2007-01 is issued to the applicant, Chase Boykin and may be transferable and assignable following the approval of the Board of Supervisors.

Voting aye: Supervisors Caple, Fly, Jones, Tyler

Voting nay: Supervisor Collins

Abstaining: Supervisor Harrell (due to conflict of interest; works for completing firm).

ON MOTION OF SUPERVISOR CAPLE, seconded by SUPERVISOR HARRELL and carried: RESOLVED that the Sussex County Board of Supervisors hereby approves of Rezoning Application number 2007-02, Sussex County, applicant, to rezone a parcel of property identified as tax parcel number 7-A-7, consisting of approximately 152.81 acres, from A-1, General Agricultural District to I-1, Limited Industrial District for the development of an industrial park, located in the Blackwater Election District.

Voting aye: Supervisors Caple, Collins, Fly, Harrell, Jones, Tyler

Voting nay: none

ON MOTION OF SUPERVISOR CAPLE, seconded by SUPERVISOR JONES and carried: RESOLVED that the Sussex County Board of Supervisors hereby approves of Rezoning Application number 2007-03, Henry L. Murphy, applicant, to rezone a parcel of property identified as tax parcel number 1-(1)-2, consisting of approximately 13.13 acres, from A-1 General Agricultural District, to B-1, General Business District to allow for speculative commercial development, located in the Blackwater Election District.

Voting aye: Supervisors Caple, Collins, Fly, Harrell, Jones, Tyler

Voting nay: none

Dominion Virginia Power – Electric Transmission Facilities

County Administrator Jones advised that Ms. Iris Holliday and Ms. Elizabeth Harper from Dominion Virginia Power are present to discuss the application of Virginia Electric Power Company to build Electric Transmission Facilities of 500 kV and 230 kV from Carson to Suffolk to Thrasher. Changes have been made to the original filing with the State Corporation Commission.

Ms. Holliday provided a brief overview and Ms. Harper provided information outlining the changes regarding the following:

Proposed Route for the 500 kV line – Beginning at Carson, Prince George and Sussex County

The proposed 500 kV Line begins at the Carson Substation on Route 605 in Dinwiddie County and travels in a southeast direction, crossing said road and exiting the County in 0.8+- mile. It enters Prince George County and turns in a more easterly direction crossing Route 621 approximately 0.8 mile north of its intersection with Route 604, and Route 301/Interstate 95 approximately 1.1 mile south of the I-95 interchange with Routes 301/35. Continuing, it crosses Route 638 parallel to the south side of the existing 500 kV line crossing that is approximately 0.2 mile south of its intersection with Route 35, and Route 35 approximately 500 feet south of the existing 500 kV line crossing. (An alternative route is offered in this location that parallels the existing 500 kV line across Route 35.) The proposed route turns in a southeast direction to avoid a State of Virginia Conservation area and enters Sussex County.

Entering Sussex County, it turns east and crosses Route 627 approximately 1.1 mile north of its intersection with Route 35, Route 602 approximately 1.7 miles north of its intersection with Route 35, and turns in a northeast direction to parallel the southern edge of the existing 500 kV line. Just prior to crossing Route 625 and in a location south of the State Prison complex, the proposed route turns in a southeastern direction leaving the existing 500 kV line, crossing Route 625 approximately 1.9 miles north of its intersection with Route 626 (Newville), and Route 626 approximately 2.0 miles north of that same intersection. It turns in a more easterly direction and crosses Routes 40, 654 and 606 just south of the Town of Waverly limits (1.0+- mile south of the Route 40 and Route 651 intersection, 200+-feet north of the intersection of Routes 654 and Route 621, and 0.4+- mile north of the Route 606 and 614 intersection).

The proposed route joins and parallels the existing 115 kV line on the western side, crosses Route 614 at the existing 115 kV line crossing, veers away from the 115 kV line for a short distance to avoid a home (an alternative route is offered that continues to parallel the existing 115 kV line, and crosses Route 604 at the existing 115 kV line location). The proposed route then turns in a more southern direction, leaving the existing 115 kV line location. The proposed route then turns in a more southern direction, leaving the existing 115 kV line to avoid the Town of Wakefield. It will cross Route 620 approximately 01. mile north of its intersection with Route 621 and crosses Route 628 just south of the Town of Wakefield limits, approximately 0.5 mile south of its intersection with Route 723. It then continues to join and parallel the existing 115 kV line just prior to entering Southampton County. End of Route in Sussex County.

Alternative Route for the 500 kV Line Beginning at Carson, Prince George and Sussex County

An alternative route is offered out of Carson Substation in a portion of Dinwiddie and Prince George Counties that would follow the southern/western side of the existing 500 kV line to a point west of Route 638. It will cross the following roads at the existing 500 kV line crossings of these same roads: Route 605, Lanier Road, Route 621 and U. S. Route 301/Interstate 95. Just prior to Route 638, the alternative route returns to the proposed route.

Another alternative is offered that begins in Sussex County where the proposed route turns east to cross Route 627. This alternative does not parallel any existing transmission lines. Instead of turning east, it continues in a southeast direction crossing Route 627 approximately 1.0 miles north of its intersection with Route 35, Route 626 approximately 1.3 miles north of Route 35, Route 625 approximately 0.4 mile north of Route 35, Route 40 approximately 0.8 mile north of its intersection with Route 35 (Homeville) and Route 634 approximately 1.1 miles north of Route 35. The alternate route turns in a more southerly direction crossing Route 622 approximately 0.5 mile east of its intersection with Route 35 (Littleton) and before entering Southampton County, turns again to a southeast direction. End of Route in Sussex County.

Ms. Harper advised that the State Corporation Commission will hold hearings regarding this project at the Sussex Central High School beginning at 6:00 p.m. on September 24, 2007, beginning at 6:00 p.m. on September 27, 2007 in Suffolk, in the Suffolk City Council Chambers and 10:00 a.m. on February 5, 2008 on the second floor of the Commission’s Courtroom, Tyler Building, 1300 East Main Street in Richmond.

(Included in the Board’s packet are copies of supplemental information provided by Elizabeth Harper and Stephen T. Thornhill to the SCC. (Copies of the maps showing the route in Sussex County are included in the Board packet).

Questions regarding the transmission lines were asked by Mr. Tom Davin and Mr. Frank Newton.

Sussex County’s Drought Conditions

County Administrator Jones advised the Board that Mr. Kelvin O. Wells, Unit Director for the Sussex County Virginia Cooperative Extension Services is present and will provide information to the Board.

Mr. Wells reported the following: Agriculture is the largest industry in Sussex County and Sussex County is facing serious drought conditions. Since March 2007, Sussex County has received only 11.2 inches of rainfall. There was a period from mid May through June, when the County received 5 inches, but since then there has been very little. The normal rainfall is 21 to 22 inches, therefore Sussex is currently 10 to 11 inches below average. To make matters worse, this region has endured several days of triple digit temperatures, which has severely affected the local corn crop and livestock producers.

Farmers have invested a significant amount of money in their crops, but now will suffer crop losses. There are 67 days remaining in the growing season. If there is sufficient rainfall, the soybean and peanut crops could be better. Mr. Wells requested that the Board of Supervisors adopt a resolution declaring an emergency because of drought conditions in Sussex County and that the resolution be forwarded to Governor Timothy M. Kaine.

ON MOTION OF SUPERVISOR COLLINS, seconded by SUPERVISOR FLY and carried: RESOLVED that the Sussex County Board of Supervisors hereby declares an emergency situation because of drought conditions in Sussex County, due to the lack of rainfall during the summer of 2007; and

FURTHER RESOLVED that this drought condition has had a negative impact on the agricultural community, particularly livestock producers and farms who grow grain crops; and

FURTHER RESOLVED that a copy of this resolution be sent to the Honorable Timothy Kaine, Governor of Virginia, Mr. Kelvin O. Wells, Unit Director, Sussex Cooperative Extension Services and other State and Federal agencies as needed.

Voting aye: Supervisors Caple, Collins, Fly, Harrell, Jones, Tyler

Voting nay: none

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 as shown by the Treasurer’s books at the close of business July 31, 2007 was $11,644,319.36. (A copy of the Treasurer’s Report is retained in the August 16, 1007 Board packet).

Commissioner of the Revenue - absent

Sheriff’s Report - absent

Wakefield Police Contract

County Administrator Jones advised that included in the Board packet is draft of a Police Service Agreement by and between the Town of Wakefield, Virginia and Sussex County Virginia and the Sheriff of Sussex County.

Staff recommends approval of the agreement.

ON MOTION OF SUPERVISOR HARRELL, seconded by SUPERVISOR COLLINS and carried: RESOLVED that the Sussex County Board of Supervisors hereby approves of the Police Services By and Between the Town of Wakefield, Virginia, the County of Sussex, Virginia and the Sheriff of Sussex County; and

WHEREAS, this agreement, executed in triplicate, is made and entered into this 16th day of August 2007, pursuant to Virginia Code §15.2-1726, as amended, by and between the TOWN OF WAKEFIELD, VIRGINIA, a municipal corporation, organized and chartered pursuant to the laws of the Commonwealth of Virginia situated wholly within the geographical territorial limits of Sussex  County, Virginia, herein referred to as “Town”, and the COUNTY OF SUSSEX, VIRGINIA, a political subdivision of the Commonwealth of Virginia herein referred to as  “County,” and RAYMOND R. BELL, SHERIFF OF THE COUNTY OF SUSSEX, VIRGINIA, herein referred to as “Sheriff.”

NOW THEREFORE, that for and in consideration of the mutual promises herein exchanged the parties do hereby agree as follows:

1. TERM

1.1 Effective Dates:    This Agreement shall be effective from July 1, 2007, through June 30, 2008. Notwithstanding the foregoing, this Agreement shall automatically renew from year to year, effective July 1st of each subsequent year thereafter, unless ninety (90) days written notice of non-renewal is given by a party to the other parties herein prior to the expiration of the term of this Agreement. The termination of this Agreement shall terminate the position of employment.

1.2 Amendments of Agreement Prior to Renewal and During Term of Agreement:  At any time during the term of this Agreement, the parties may meet to evaluate the terms of this Agreement and may modify, approve and/or ratify any amendment(s) of this Agreement to the effective or other date of such amendment(s).  Any amendment shall be in writing and approved by the Town Council and County Board of Supervisors and the Sheriff.

1.3  Termination By Convenience:  Notwithstanding any provisions contained herein, the Town, the County or the Sheriff may terminate this Agreement, at any time, as a matter of convenience, upon giving the other parties herein ninety (90) days written notice of intention to terminate and providing a date certain for such termination by convenience to become effective.

1.4  Termination of Agreement For Any Reason and the Effects Thereof Regarding Equipment and Property:  In the event of the termination of this Agreement, for any reason or cause, the parties agree that on the effective date of termination that all property listed on Schedule A, attached hereto (see also paragraph 6.2 hereinafter stated and incorporated herein), still in the possession of the County or the Sheriff under this Agreement shall be delivered to the Town and that title to the same shall be transferred to the Town as soon as practicable.  The Town shall thereafter be responsible for all such equipment and property.

Further, any other equipment and/or property that was or is purchased during the term of this Agreement and directly paid for by the Town shall also be turned over, as soon as practicable, to the Town by the County and Sheriff.

2. SCOPE OF SERVICES

2.1   Town to Provide Office Space for Sheriff:   In addition to the agreed obligations of the Town recited in this Agreement, the Town agrees to provide office space, at no cost, for the Sheriff in a Wakefield Town owned, operated or leased office or facility to carry out the purposes of this Agreement which may also be used for any incidental law enforcement duties and responsibilities of the Sheriff.

2.2 Duties of the County and Sheriff: The County agrees, and the Sheriff consents hereto, to provide and furnish law-enforcement services in the Town consistent with this Agreement and with the laws of the Town, County and State of Virginia and federal law where and when applicable, which by reference are expressly incorporated herein. The Sheriff and any deputy sheriff serving as a town law enforcement officer shall have the authority to enforce such town's ordinances describing criminal acts. Likewise, the Sheriff and deputy sheriffs, while serving as a town's law enforcement officers, shall have the same powers, rights, benefits, privileges and immunities as those of regular town police officers.

The Sheriff pursuant to this Agreement  shall be the Town's chief of police as provided, by statute, pursuant to Virginia Code  § 15.2-1726, as amended.

2.3   Sheriff’s Patrol Car Usage: The Sheriff shall designate which law enforcement patrol car or cars shall be used in the performance of this Agreement within the Town’s corporate limits. Said patrol car may be used for other law enforcement purposes which the Sheriff deems necessary and appropriate for the health, safety and well being of the Town and the County’s citizens and private and public property.

2.4  Purchase of Patrol Car For Position of Employment In Town: However, the parties hereto all expressly agree that the County shall purchase an additional law enforcement vehicle for this position of employment which shall be used, whenever practicable and in keeping with the Sheriff’s position, responsibilities and duties as chief law enforcement officer for the County, and now police chief of the Town, within the corporate limits of the Town in the performance of this Agreement.

The actual cost of operation, insurance, radios, installations, painting and equipping as a law enforcement vehicle and other incidental and necessary costs and usage of this patrol vehicle, in the performance of this Agreement, shall be included in this Agreement and shall be chargeable to the Town.

2.4.1 Replacement of Patrol Vehicle: This patrol vehicle shall be replaced, by the County, every four years or at one hundred thousand (100,000.00) miles of vehicle usage, whichever event or circumstance should sooner occur, unless the vehicle mileage usage and/or four year time period is extended or reduced by written agreement of all parties.

When this vehicle is replaced as aforesaid, said vehicle shall become the property of the Town when taken out of service. Vehicles damaged in service shall be adjusted between the County and the insurance carrier and any resulting monetary proceeds there from shall be the property of the County.

3. OPERATIONAL ISSUES

3.1 Routine Administrative Authority: The Sheriff shall be responsible for establishing, consistent with this Agreement, the policies, practices and procedures, including employment, standards for law enforcement, scheduling, discipline and the supervision of all law enforcement personnel utilized in the providing of law enforcement services to the Town.  However, the Sheriff nor County shall not have the authority to increase the costs of this law enforcement program to the Town without the permission of the Town; except for line items pertaining to salaries and fringe benefits. These shall be adjusted in an amount consistent with the increase for like deputies within the Sheriff’s Office and shall be done only during the normal budgeting period.

3.2 Specific Law Enforcement Services: In providing to the Town the law enforcement services provided for in this Agreement, the County and the Sheriff shall provide services based on inclusion of the following specific services to be provided as standard operating procedure, in addition to any specific services as promulgated by the Town Council. However, each provision as to the providing of law enforcement services herein called for in this Agreement shall be subject to such modifications as may be appropriate and necessary, in the judgment of the Sheriff, to meet extraordinary law enforcement needs, To-wit:

3.2.1   Surveillance of Roadways, etc: Officers (“Sheriff or his deputies”) shall provide surveillance of roadways for visual evidence of line leaks or other malfunctions and shall promptly notify the Town during business hours, and the Sussex County Sheriff’s Office dispatcher during non-business hours of any emergency involving said roadways and/or system.

3.2.2  Surveillance of Electrical Lines of Town: Officers (“Sheriff or his deputies”) shall provide surveillance of the electrical lines in Town for visual evidence of any problems or malfunctions in said system and shall promptly notify the Town during business hours, and the Sussex County Sheriff’s Office dispatcher during non-business hours of any emergency involving said roadways and system.

3.2.3   Town Street Lights:  Officers shall advise the Town during business hours of any non-functioning street lights.

3.2.4    Community Policing and Availability To Town Citizens, Mayor and Town Council: The Sheriff or an intermediate supervisory officer shall be reasonably available to the citizens of the Town and reasonably available at all times to the Town’s Mayor and Town Council.

3.3  Disaster Operations: In the event the Town and/or County Emergency Operations Plan (EOP) is activated, there will be a need to modify how incidents are handled, especially for a large-scale event which has truly exhausted local resources. The details of the interaction between the Town, County and Sheriff, in conjunction with the County’s Public Safety Director, shall be developed as a component of the policies, practices and procedures as referenced in 1.2 and 3.1 above.

3.4  Special Events:    Whenever possible, the Town will notify the Sheriff of any planned special events at least ten (10) days in advance. If extra personnel are reasonably required to handle the unusual workload caused by a special event, the Town agrees to reimburse the County for this direct cost. Whether extra personnel are reasonably required and the cost thereof shall be reviewed and agreed to by County and Town and Sheriff in advance of the event. If agreement is not made in advance, the County and/or Sheriff either will not provide the extra services, or will bear the cost of the services.

3.5 Town Council Additional Request For Law Enforcement Services and Additional Operating Procedures: The Town Council, may by Resolution, with the said Resolution being agreed to by the County and Sheriff prior to action on said Resolution, designate additional law enforcement services and operational procedures herein.

3.6   Death, Disability, Resignation or Failure of Re-Election of Sheriff:  In the event of the death, disability, resignation or failure of re-election of the Sheriff, who is a signatory to this Agreement, the parties agree that this Agreement, upon the occurrence of any of the aforesaid event shall become void and of no effect as it relates to Raymond B. Bell, the current Sheriff of Sussex County, Virginia. However, this Agreement shall continue on a de facto basis in all respects, as allowed by law, until a successor Sheriff affirmatively terminates the same.

The County shall use its best efforts to prevail upon any successor Sheriff to formally assume the rights, duties and obligations under this Agreement by written confirmation of the same.

4. LEVEL OF SERVICE

4.1 Level of Service: A total of one hundred and sixty (160) hours of dedicated police patrol coverage shall be provided every four (4) weeks (Sunday through Saturday) by County law enforcement officers on duty within the corporate limits of the Town, or on real estate owned by the Town without the corporate limits.

4.2 In Support Of Town’s, County’s and Sheriff’s Budget Process, County shall prepare and submit to Town and the Town shall prepare and submit to County, commencing in the year of 2008 on or before April 30, 2008 and thereafter in each year that this Agreement is in effect, any proposed revisions to Schedule A, attached hereto, for the next fiscal year (covering the period of July 1 through June 30). The revised Schedule A shall be prepared in consultation with the Sheriff’s staff. The parties shall use reasonable efforts to adopt the revised Schedule A, as well as the cost for the performance of this Agreement, by July 1 of each year.  The updated Schedule A shall be incorporated into this Agreement by Amendment. The associated costs for performance of this Agreement, as agreed to each fiscal year that this Agreement is in effect, shall be an ongoing incorporation into Section 7, “Compensation for Services.”

4.3 Class Three and Class Four Misdemeanor Warrants: Unless contrary to applicable state or other law, any incident, resulting in the issuance of any Class Three or Class Four  misdemeanor warrants against any person or person or business entity within the Town limits shall be written pursuant to the Town’s statutory ordinance provision and section. Subject to and except as may be provided by applicable law, which by reference is incorporated herein, when arrests are made and prosecuted for violations of Town Ordinances, any fines collected shall be paid to the Town’s treasurer. Should any arrest be made pursuant to a Town’s ordinance, which results in any jail sentence being imposed pursuant to any such Town ordinance, then the costs of incarceration shall be paid by the Town.

4.4  Certification Regarding Minimum Training Standards Of Employees: The Sheriff certifies to the Town and to the County that, at the time of the signing of this Agreement and that at the time of any renewal or extensions thereof, that all law enforcement officers employed within the Town, whether full-time or part-time, and whether  permanently or temporarily employed, shall be in compliance with all applicable minimum training standards of the Criminal Justice Services Board, unless the time periods for compliance with such training requirements are extended or waived for the effected officers.

5. REPORTS

The Sheriff, in the performance of his duties pursuant to the terms of this Agreement, shall report directly to and be responsible, in conformity with applicable law, to the Town of Wakefield, Virginia in the same manner as he is responsible to the County of Sussex, Virginia.  In addition to other reasonable reporting requirements of the Town, on a monthly basis, the Sheriff shall report to the Town’s Council addressing, as applicable: services performed; including number of hours (regular and overtime) worked per employee and/or other reasonably obtainable and relevant information deemed important by the Town. The County shall be entitled to all reports furnished the Town.

6. PROVISION OF SUPERVISION, LABOR, AND EQUIPMENT

6.1 Supervision: The responsibility of supervision of and the hiring of personnel, establishing standards of performance, assignment of personnel, determining and effecting discipline, determining training required, maintaining personnel files, and other matters relating to the performance of services and control of personnel, shall remain with Sheriff in a manner consistent with this Agreement.

The Sheriff shall consider all comments from the Town and County concerning the performance of personnel performing services for the Town under the terms of this Agreement.

6.2 Town Law Enforcement Equipment: For the purpose of performing the law enforcement services called for in this Agreement, the Town confirms that it has heretofore delivered to the Sheriff and transferred title to the Sheriff all equipment, materials and supplies deemed necessary and appropriate by the Town in performing the services called for in this Agreement, owned and used by said Town, solely and exclusively for law enforcement purposes as listed on Schedule A attached hereto and expressly incorporated herein.  Schedule A may be amended, from time to time as necessary, by the agreement of all parties, in writing, hereto.

6.3  Additional Necessary Labor, Supervision and Equipment: Included in and in addition to the equipment, materials and supplies as recited herein and at 6.2 of this Agreement, the County and the Sheriff shall have full responsibility for furnishing all additional necessary labor, supervision, equipment, communications, facilities, dispatching services and supplies necessary for the performance of this Agreement.

The County shall furnish and supply all labor, supervision, and supplies necessary to maintain the level of service to be rendered hereunder. Any equipment purchased by the Town shall remain the property of the Town.

7.    COMPENSATION FOR SERVICE

7.1 Payment Basis: The Town agrees to pay to the County, during the term of this Agreement, the actual costs of the services to be performed each month pursuant to this Agreement  which shall also include the actual cost of operation, insurance, radios, installations, painting and equipping the patrol vehicle described at 2.4 (Purchase of Patrol Car For Position of Employment In Town) and other incidental and necessary costs and usage of this patrol vehicle within the corporate limits of the Town. The total cost for this Agreement, to the Town, shall not exceed the gross monetary amount of $35,730.00 during fiscal year 2007-2008. The Sheriff shall have the authority to make necessary adjustments to expenditures accordingly to not exceed the gross monetary costs, during fiscal year 2007-2008 and thereafter during each succeeding fiscal year, upon the requisite Agreement cost determination being made by the County and Town, pursuant to section 4.2 (In Support Of Town’s, County’s and Sheriff’s Budget Process ) of this Agreement.

All parties hereto recognize that unexpected and extraordinary costs, as determined by the Sheriff, may result in an increase of the agreed and budgeted amount for carrying out this Agreement and, should such occur, the provisions of section 1.2 herein (Amendments of Agreement Prior to Renewal and During Term of Agreement) shall be complied with before any amendments shall occur hereto.

7.2 Establishment of Costs:  The cost to be charged to Town, with the advice and consent of the County and Sheriff, may be adjusted periodically to reflect any changes in the cost to County and the Sheriff for providing services hereunder. Town shall be notified of any proposed changes in cost to be charged Town prior to submittal of the proposed changes to the County Board of Supervisors, and Town shall be given the opportunity to review the proposed change with County personnel and to accept or reject the same. Should Town choose not to appropriate or expend any additional monies needed to support the level of service thereafter to supplied, the Sheriff and the County reserves the right to reduce the level of service in accordance with the amount Town is willing to expend.

7.3 Insurance, Retirement and Other Personnel Costs The Town expressly recognizes and agrees that the rates or charges for personnel who will perform the services hereunder shall also include the proportionate share of the customary sums that the      

                                                             

County has historically affixed as and for premium to provide workers compensation, retirement and other personnel costs and shall be part of the costs charged the Town pursuant to Section 7, (Compensation For Services).

7.4 Payment Of Costs For Each Month In Which Services Are Provided: Upon the presentation of monthly statement by the County and/or the County and the Sheriff, Town agrees to pay  to the County, within thirty days of presentment of such monthly statement, the monetary amount designated therein as due and then payable. The monthly statement shall include an itemized statement of the costs for services being charged for said month. Town shall remit payment to the invoicing department or other county agency or department as designated in writing by the County.  County shall not be entitled to offset against funds in County’s possession due Town without the consent of Town. In the event of nonpayment, County’s remedy shall be to terminate this Agreement upon thirty (30) days notice; to discontinue the provision of services hereunder; and file suit to recover unpaid amounts. Before any such termination, the parties shall meet and confer on an urgency basis to resolve any outstanding issues and comply with paragraph eleven of this Agreement.

8. SUBROGATION

To the extent that the County incurs any loss for which it is compensated in whole, or for more than fifty percent of its losses, by the Town, the County shall assign its rights and interest in any claim or cross complaint that it may legally have or be entitled to assert, to the Town. To the extent that the Town incurs any loss for which it is compensated in whole, or for more than fifty percent of its losses, by the County, the Town shall assign its rights and interest in any claim or cross complaint that it may legally have or be entitled to assert, to the County.

9. RIGHT TO AUDIT

Upon reasonable notice, any party herein shall have the right to inspect and audit any records maintained by the other party relevant to this Agreement, to the extent allowed by law.

10. INTERNAL POLICIES

If requested by the Sheriff, County or Town, an internal policy memorandum may be entered into by and between said Sheriff, County or Town with respect to questions relating to the provision of service under this Agreement. The policy will set forth the question raised and agreements reached in resolution of the question. The intent and purpose of each such policy shall be to administratively implemented, interpreted, or clarify one or more provisions of this Agreement. No such policy shall have the effect of amending this Agreement unless an amendment to this Agreement is approved in writing by the Sheriff and Town Council and County Board of Supervisors. In the event of any inconsistency between the terms of such policy and the terms of this Agreement, the terms of this Agreement shall prevail.

11. DISPUTE RESOLUTION

In the event that Town, Sheriff and/or County do not agree, except as otherwise provided herein, on any provisions or interpretations of this Agreement, each party herein shall be entitled to appoint one representative who shall meet, deliberate and determine, by a majority vote, its recommended interpretation of any provision, except as otherwise provided herein, and forward said recommendation to the Town Council, Sheriff and County for consideration and action.

12. LEGAL PROCEEDINGS AND VENUE

Venue and jurisdiction for all proceedings pertaining to this Agreement shall be in the Circuit Court for the County of Sussex, Virginia.

13. NOTICES

Any notices required or desired to be served by either party upon the other shall be personally delivered or forwarded by certified mail, return receipt requested, to the respective parties now designated representative:

If to the Town of Wakefield, Virginia: C. Winston Britt, Mayor of the Town of Wakefield, 200 West Main Street, Wakefield, Virginia 23888, and to: Sheriff, County of Sussex, Virginia, Attention: Raymond R. Bell, Post Office Box 1326, Sussex , Virginia 23884; and to: County of Sussex, Virginia, Attention: Mary E. Jones, Sussex County Administrator, Post Office Box 1397, Sussex, Virginia 23884

14. SEVERABILITY

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.

15. ENTIRE AGREEMENT

This Agreement is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understanding, oral or written, in connection therewith.

16. NO OBLIGATION TO THIRD PARTIES

Nothing in this Agreement, or any of the addenda hereto, is intended to nor shall it create any right in any person, firm, corporation, or entity, other than in the parties hereto, including but not limited to the employees of the parties, to any of the benefits hereunder. Nothing herein is intended to expand the duties and obligations of the Town and/or County and/or Sheriff with regard to third parties.

17. CONSTRUCTION OF AGREEMENT

This Agreement shall be constructed and enforced pursuant to the laws of the State of Virginia.

18. ADDITIONAL DOCUMENTS AND AGREEMENTS

Schedule A- (See paragraph 4.2)

The parties agree to cooperate in the execution of any additional documents or agreements that may be required to carry out the terms of this Agreement.

19. AGREEMENT CONTROLLING

In the event of a conflict between the provisions of the text of this Agreement and any present or future Exhibits, the provisions of the text shall prevail.

20. ASSIGNMENT/DELEGATION

Neither party hereto shall assign, sublet, or transfer any interest in this Agreement or any duty hereunder without written consent of all parties herein, and no assignment shall be of any force or effect whatsoever unless and until all of the parties shall have so consented.

IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms, conditions and provisions above stated, the day and year first above written.

Voting aye: Supervisors Caple, Collins, Fly, Harrell, Jones, Tyler

Voting nay: none

                                                                                                                         

Superintendent of Schools

Superintendent of Schools, Dr. Charles H. Harris addressed the Board and requested 2006-2007 re-appropriations. He advised that as a result of Fiscal Year 2006-07, Regular Operations the school district ended with an “unaudited” Regular Fund balance of $637,091.49. In addition, the Capital Projects Fund reflected an unexpended balance of $594,883.53. Upon further investigation, it was revealed that $140,245 of health insurance premiums, attributable to the general fund for the July and August payroll were not charged to the 2006-07 regular fund budget.

At their August 9, 2007 meeting, the Sussex County School Board voted to authorize the Superintendent to request that the Sussex County Board of Supervisors re-appropriate, from FY 2006-07 Regular Operating and Capital Projects funds the following:

1) $140,245 from the 2006-07 General Fund Balance to the 2007-2008 Regular General Fund for the accrued July and August Employer Health Insurance Liability.

2) $594,883.53 from the 2006-2007 Capital Projects Fund to the 2007-2008 Capital Projects Fund for the continuation of the current School Board Annex Renovation Project.

3) $496,846.49 from the 2006-2007 Regular Operating Fund to the 20047-2008 Capital Projects Fund for phase II of the School Board Annex Renovation Project.

ON MOTION OF SUPERVISOR COLLINS, seconded by SUPERVISOR CAPLE and carried: RESOLVED that the Sussex County Board of Supervisors hereby re-appropriates and reallocates $140,245 from the 2006-07 General Fund Balance to the 2007-2008 Regular General Fund for the accrued July and August Employer Health Insurance Liability; and

FURTHER RESOLVED to re-appropriate and reallocate $594,883.53 from the 2006-2007 Capital Projects Fund to the 2007-2008 Capital Projects Fund for the continuation of the current School Board Annex Renovation Project; and

FURTHER RESOLVED to re-appropriate and reallocate $496,846.49 from the 2006-2007 Regular Operating Fund to the 20047-2008 Capital Projects Fund for phase II of the School Board Annex Renovation Project.

Voting aye: Supervisors Caple, Collins, Fly, Harrell, Jones, Tyler

Voting nay: none

Director of Social Services – absent (but called to advise that she had no report).

County Attorney – no report

UNFINISHED BUSINESS

District 19 Community Services Board Performance Contract

County Administrator Jones advised the Board that the District 19 Community Services Board Contract was included in the July 19, 2007 Board packet and requires approval.

ON MOTION OF SUPERVISOR COLLINS, seconded by SUPERVISOR FLY and carried: RESOLVED that the Sussex County Board of Supervisors hereby approves the renewal of the District 19 Community Services Board Performance Contract for Fiscal Year 2008.

Voting aye: Supervisors Caple, Collins, Fly, Harrell, Jones, Tyler

Voting nay: none

Appointment to Southside Community Criminal Justice Board

County Administrator Jones advised the Board that at the May 17, 2007 meeting, Ms. Deborah Davis was reappointed to the Southside Community Criminal Justice Board. There is still a vacancy on the Board for Sussex County. Ms. Regina Smith has resigned from the Board. Ms. Smith was the Sussex County District 19 representative. The appointee must be a Sussex County resident or employed by the County. The Board meets every other month or at least once per quarter, subject to business items. The Board doesn’t meet in December. Currently, there is no set meeting day; however the next meeting is scheduled for September 13, 2007 at 6:30 p.m. in Emporia.

Deferred until September 20, 2007 meeting.

CITIZENS COMMENTS

Comments were heard from Mr. Milton Moore.

RECESS

ON MOTION OF SUPERVISOR CAPLE, seconded by SUPERVISOR FLY and carried: RESOLVED that the Sussex County Board of Supervisors hereby recesses the August 16, 2007 meeting until 10:00 a.m. on Friday, August 17, 2007 for a retreat with the Sussex Service Authority.

Voting aye: Supervisors Caple, Collins, Fly, Harrell, Jones, Tyler

Voting nay: none

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