At a Budget Work Session of the Board of Supervisors Of the County of Sussex, held in the



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At a Budget Work Session of the Board of Supervisors

Of the County of Sussex, held in the

General District Courtroom on Thursday, February 17, 2005 at 6:30 p.m.
MEMBERS PRESENT
Charlie E. Caple, Jr. William J. Collins, Jr.

C. Eric Fly Wayne M. Harrell

Alice W. Jones Rufus E. Tyler, Sr.

OTHERS PRESENT


Mary E. Jones, County Administrator

Jacqueline M. Brown, Deputy County Administrator

Henry A. Thompson, Sr., County Attorney

Jerry L. Whitaker, Director of Finance

Deborah D. Jenkins, Assistant to County Administrator

CALL TO ORDER
The meeting was called to order by Chairman Collins.
ADOPTION OF AGENDA
ON MOTION OF SUPERVISOR CAPLE, seconded by SUPERVISOR JONES and carried: RESOLVED that the agenda of the February 17, 2005 budget work session of the Sussex County Board of Supervisors is hereby adopted as presented.

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

Voting nay: none
Fiscal Year 2006 Budget
Mr. Jerry Whitaker addressed the Board and provided an overview of the budgetary process. He also provided a schedule of activities as it relates to planning the fiscal year 2006 budget.
ADJOURNMENT
ON MOTION OF SUPERVISOR CAPLE, seconded by SUPERVISOR TYLER and carried: RESOLVED that the February 17, 2005 budget work session of the Sussex County Board of Supervisors is hereby adjourned.

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

Voting nay: none
At a meeting of the Board of Supervisors of the County of Sussex,

held in the General District Courtroom on

Thursday, February 17, 2005 at 7:30 p.m.
MEMBERS PRESENT
Charlie E. Caple, Jr. William J. Collins, Jr.

C. Eric Fly Wayne M. Harrell

Alice W. Jones Rufus E. Tyler, Sr.
OTHERS PRESENT
Mary E. Jones, County Administrator

Jacqueline M. Brown, Deputy County Administrator

Henry A. Thompson, Sr., County Attorney

Jerry L. Whitaker, Director of Finance

Deborah D. Jenkins, Assistant to County Administrator

CALL TO ORDER
The meeting was called to order by Chairman Collins and led in prayer by Supervisor Fly.
ADOPTION OF AGENDA
ON MOTION OF SUPERVISOR HARRELL, seconded by SUPERVISOR CAPLE and carried: RESOLVED that the agenda of the February 17, 2005 meeting of the Sussex County Board of Supervisors is hereby adopted with the following amendments: Under County Attorney’s report, add Redistricting; under Citizens’ Comments, add Mr. Lester Harrell; under Closed Session, add “b” personnel matters and “c” legal matters; and under Request For Appropriations, add Application & Certificate for Payment #18 from Blueridge General.

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

Voting nay: none
APPROVAL OF MINUTES
ON MOTION OF SUPERVISOR JONES, seconded by SUPERVISOR HARRELL and carried: RESOLVED that the minutes of the January 20, 2005 meeting of the Sussex County Board of Supervisors are hereby approved as presented.

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

Voting nay: none

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Board of Supervisors

APPROVAL OF WARRANTS & VOUCHERS
ON MOTION OF SUPERVISOR CAPLE, seconded by SUPERVISOR JONES and carried: RESOLVED that account payables warrants in the amount of $290,369.81 and payroll deduction checks in the amount of $41,974.07 are hereby approved as presented.

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

Voting nay: none
APPROVAL OF APPROPRIATIONS
Staff request approval of the following appropriations:
Vendor Description Invoice # Amount
Atlantic Communications Maint./Svc. Contract 3266 $10,282.50

Atlantic Communications Maint./Svc. 3271 $10,282.50

Blueridge General, Inc. Middle school project 18 $514,918.46

Long & Associates Sewage Oper. Training 1211 $2,400.00

Rancorn Wildman Middle school project 0018441 $37,779.54

Rancorn Wildman Middle school project 0018460 $33,337.35

Waco, Inc. Asbestos removal 47393 $32,840.00
ON MOTION OF SUPERVISOR HARRELL, seconded by SUPERVISOR CAPLE and carried: RESOLVED that Invoice #3266 from Atlantic Communications in the amount $10,282.50 for the maintenance service contract is hereby approved for payment.

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

Voting nay: none
Invoice #3271 from Atlantic Communications in the amount $10,282.50 for the maintenance service contract is hereby deferred until the March 17th meeting.
ON MOTION OF SUPERVISOR JONES, seconded by SUPERVISOR CAPLE and carried: RESOLVED that Invoice #18 from Blueridge General, Inc., in the amount of $514,918.46 for Sussex Middle School Renovation project is hereby approved for payment.

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

Voting nay: none
ON MOTION OF SUPERVISOR TYLER, seconded by SUPERVISOR FLY and carried: RESOLVED that Invoice #1121 from Long & Associates in the amount of
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Board of Supervisors

$2,400.00 for Sussex Central High School Sewage Complex operator training is hereby approved for payment.

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

Voting nay: none
ON MOTION OF SUPERVISOR HARRELL, seconded by SUPERVISOR JONES and carried: RESOLVED that Invoice #0018441 from Rancorn Wildman in the amount $37,779.54 for Sussex Middle school project is hereby approved for payment.

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

Voting nay: none
ON MOTION OF SUPERVISOR TYLER, seconded by SUPERVISOR FLY and carried: RESOLVED that Invoice #0018460 from Rancorn Wildman in the amount $33,337.35 for Sussex Middle school project is hereby approved for payment.

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

Voting nay: none
ON MOTION OF SUPERVISOR TYLER, seconded by SUPERVISOR CAPLE and carried: RESOLVED that Invoice #47393 from Waco, Inc., in the amount $32,840.00 for asbestos removal at the former Stony Creek Junior High School is hereby approved for payment.

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

Voting nay: none
Health Department
Health Department staff was not able to attend the meeting, but forwarded a report dated January 3, 2005 regarding influenza immunizations. (A copy of the report is retained in the February 17, 2005 Board packet).
Highways, Streets and Roads
Mr. William Richardson, Interim Resident Engineer, Waverly Residency of the Virginia Department of Transportation addressed the Board and requested adoption of a resolution pertaining to Route 735.
ON MOTION OF SUPERVISOR TYLER, seconded by SUPERVISOR CAPLE and carried: WHEREAS Secondary Route 735, from 0.022 km S. Int. Route 642 to 2.810 km S. Int. Route 635 a distance of 2.25 miles, has been altered, and a new road has been constructed and approved by the Commonwealth Transportation Board, which new road serves the same citizens as the road so altered; and

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WHEREAS, a certain section of this road follows a new location, that being shown on the attached sketch entitled ”Changes in the Secondary System due to Relocation and Construction on Route 735, Project: 0735-091-182, M-501”, dated February 9, 2005.
NOW THEREFORE BE IT RESOLVED, that the portion of Secondary Route 735, i.e., Sections 5 and 6 shown in Red on the aforementioned sketch, a total distance of 0.10 miles, be, and hereby are added to the Secondary System of State Highways, pursuant to Section 33.1 – 229 of the Code of Virginia of 1950, as amended;
AND, further that the portion of Secondary Route 635, i.e., Section 7 shown in Brown on the aforementioned sketch, a total distance of 0.04 miles, be, and hereby is added to the Secondary System of State Highways, pursuant to Section 33.1 – 229 of the Code of Virginia of 1950, as amended;
AND, further that the portions of the old location (Route 735), i.e., Sections 1, and 3 shown in Blue of the aforementioned sketch, a total distance of 0.10 miles, be, and hereby are abandoned as a public road, pursuant to section 33.1 – 155 of the Code of Virginia of 1950, as amended;
AND, further that the portion of old location (Route 635), i.e., Section 4 shown in Blue on the aforementioned sketch, a total distance of 0.05 miles, be, and hereby is abandoned as a public road, pursuant to Section 33.1 – 155 of the Code of Virginia of 1950, as amended.
RESOLVED that the Sussex County Board of Supervisors adopts this resolution of approval in consent with the Commonwealth Transportation Board for the changes to Route 735 (Courthouse Road).

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

Voting nay: none

County Administrator’s Report

Ms. Jones introduced Ms. Ann Walls, an accountant with Robinson Farmer Cox & Associates, who provided the County’s annual audit report to the Board. (A copy of the report is retained in the February 17, 2005 Board packet).



Qualified Zone Academy Bonds

Ms. Jones advised the Board that Qualified Zone Academy Bonds are taxable bonds issued by a state or local government and the proceeds are used to improve certain eligible public schools. The Qualified Zone Academy Bond initiative is a federal

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program that allows lending institutions and schools to form a mutually beneficial partnership to support education. Qualified Zone Academy Bonds can be used for: rehabilitating or repairing eligible public school facilities, providing equipment for use at an academy, developing course materials for education to be provided at an academy, for training teachers and other school personnel in an academy. The QZAB Program allows a bank or other lending institution to purchase a special no interest bond on behalf of a school. The lending institution may then claim the interest they would have earned on that loan as a federal tax credit.
The Office of the Secretary of Education was authorized to approve $6,462,000 of QZAB bonds for calendar year 2003 and $7,683,000 for calendar year 2004. State law as well as federal regulations mandate that all allocations be used at schools that are either located in a federal enterprise community or where 35 percent or more of the students are eligible for free lunch. Dr. Harris was notified by letter of the availability of $2,174,571 in interest free Qualified Zone Academy Bonds for the Sussex County School System. This represents the amount of $1,077,000 that was not used in calendar year 2003 and $1,097,571 for 2004. Bonds from the 2003 allocation must be issued by December 31, 2005. Bonds from the 2004 allocation must be issued by December 31, 2006. Informally the County has been told that an additional allocation of $1.1 million will be available for 2005. The three years would total the amount of approximately $3.3 million in interest free monies available to Sussex County.
Dr. Harris, Mr. Whitaker and I have met and discussed the availability of these funds and the requirements for securing them. There will be a need to employ a bond counsel and financial advisor. These costs can be paid out of the bond issue. The project that has been identified is the Sussex Middle School Project. These funds cannot be used to pay off existing debt for a project, therefore the repayment of the SunTrust loan is not an eligible item. However, Sussex County has expenses for the Sussex Middle School project and these funds can be used for that purpose. Dr. Harris will present this proposal to his Board prior to your meeting.
The County’s IDA can issue these bonds. There is a 10% private contribution match that is a primary requirement for the issuance of these Qualified Zone Academy Bonds. There is a private entity that is interested in being part of an issuance for Sussex County.
Staff recommends pursuing these funds for the School System. Dr. Harris has returned the required letter of intent indicating that Sussex County is interested. A project has been identified. The IDA can be the bond issuing authority.
Staff asks for authorization to prepare the necessary application package, procure the required bond counsel and financial advisor.
Staff also requests adoption of the enclosed reimbursement resolution by the Board of Supervisors.

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Board of Supervisors
ON MOTION OF SUPERVISOR HARRELL, seconded by SUPERVISOR FLY and carried: RESOLVED that the County of Sussex, Virginia (“Sussex County”), and Sussex County Public Schools have undertaken a project making additions to and renovating of Sussex Central Middle School (the “Project”) and have been financing the costs of the Project with a combination of the proceeds of a bond anticipation note sold to SunTrust Bank (the “Note”), which Note is intended to be refunded by a loan from the Literary Fund, and appropriations from the general fund of Sussex County (the “General Fund Moneys”).
This Board of Supervisors of Sussex County (this “Board”) has been advised that (1) a portion of the costs of the Project may be eligible for financing with Qualified Zone Academy Bonds (“QZABs”) described in Section 139E of the Internal Revenue Code of 1986, as amended (the “Tax Code”), to be issued by Sussex County or a governmental conduit issuer acting for Sussex County’s benefit (such as the Industrial Development Authority of Sussex County), (ii) QZABs present a uniquely attractive financing opportunity to Sussex County and Sussex County Public Schools and (iii) although the proceeds of QZABs could be used to reimburse certain expenditures made from the General Fund Moneys prior to the issuance of QZABs (“Expenditures”).
The Board has also been advised that federal tax requires the Board to adopt a resolution in the form set forth below to (i) preserve Sussex County’s ability to use proceeds of QZABs to reimburse itself for Expenditures and (ii) facilitate the satisfaction of one of the requirements for a valid issuance of QZABs, namely the private business contribution requirement; now therefore,
BE IT RESOLVED by the Board of Supervisors of the County of Sussex, Virginia:


  1. If Sussex County and the Sussex County Public Schools can satisfy the requirements of Section 1397E of the Tax Code and issuance of QZABs is determined by this Board to be in the best interest of Sussex County, Sussex County expects to finance the portion of the Project that will not be financed by the Note through the issuance of QZABs in the maximum principal amount of $3,300,000.

  2. This Resolution represents a declaration of “official intent” for purposes of Treasury Regulations Sections 1.150-2 and 1.1397E-1.

  3. Sussex County reasonably expects to reimburse the Expenditures made prior to the issuance of QZABs with the proceeds of QZABs and the adoption of this Resolution is consistent with the budgetary and financial circumstances of Sussex County.

  4. This Resolution is also intended to reflect the official intent of this Board that any qualified contributions received by Sussex County or Sussex County Public Schools prior to the issuance of any of the above described

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QZABs with respect to a qualified zone academy to be established by the School Board of Sussex County to include Sussex Central Middle School (or an academic program within Sussex Central Middle School), to have a nexus to the to the QZABs and may be counted to the extent permitted by Section 1397E of the Tax Code towards satisfying the private business contribution requirement for the QZABs. “Qualified contributions,” “qualified zone academy” and private business contribution requirement” have the respective meanings set forth in Section 1397E of the Tax Code.

  1. This resolution shall be in effect from and after its adoption.

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

Voting nay: none


Resolution to Establish A Deferred Compensation Plan
Ms. Jones advised the Board that during the early 1990s, the Board of Supervisors adopted a deferred compensation plan which allowed employees to enroll in the National Association of Counties Deferred Compensation Program. There is currently interest by many of the employees to enroll in the American International Group Variable Annuity Life Insurance Company (AIG VALIC) program. To allow this participation, staff recommends adoption a resolution.
ON MOTION OF SUPERVISOR TYLER, seconded by SUPERVISOR FLY and carried: RESOLVED that the Sussex County Board of Supervisors has considered the establishment of a Deferred Compensation Plan to be made available to all eligible Sussex County employees pursuant to Section 457B of the Internal Revenue Code permitting such plans; and
WHEREAS certain tax benefits could accrue to employees participating in said Deferred Compensation Plans and such benefits will act as incentives to county employees to voluntarily set aside and invest portions of their current income to meet their future financial requirements and supplement their Virginia Retirement System and Social Security benefits; and
WHEREAS, the American International Group Variable Annuity Life Insurance Company (AIG VALIC) has established a Deferred Compensation Program, permitting public employees to enjoy the advantages of this program; and
WHEREAS, by adoption of the AIG VALIC Program, all regulatory, operational, administrative and fiduciary responsibilities are hereby assumed by AIG VALIC on behalf of Sussex County; and
WHEREAS, AIG VALIC, as Plan Administrator, agrees to hold harmless and indemnify Sussex County its appointed elected officials and participating
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employees from any loss resulting from AIG VALIC or its agent’s failure to perform it duties and services pursuant to the AIG VALIC Program;
NOW THEREFORE BE IT RESOLVED: The Sussex County Board of Supervisors hereby adopts a 457(b) Deferred Compensation Program as administered by AIG VALIC and hereby establishes Sussex County Deferred Compensation Program for the voluntary participation of all eligible County employees.
BE IT FURTHER RESOLVED: The Sussex County Administrator is hereby authorized to execute for the Sussex County Deferred Compensation Plan, individual participation agreements with each said employee requesting same, and to act as the “administrator” of the plan representing the County and to execute such agreements and contracts as are necessary to implement the program. It is implicitly understood that, other than the incidental expenses of collecting and disbursing of the employees’ deferral and other minor administrative matters, there is no cost to Sussex County for the Program.

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

Voting nay: none
Virginia Motorsports Park – Application for Virginia Tobacco Grand Funds
Ms. Jones advised the Board that included in the late agenda packet is a letter from William C. Scheid, Dinwiddie Director of Planning and a resolution as adopted by the Dinwiddie County Board of Supervisors regarding an application for Virginia Tobacco grant funds for the Virginia Motorsports Park. Dinwiddie County is requesting the support of Sussex County in securing the funding needed for the required improvements. Since Sussex is enrolled as a participating member of the Virginia Tobacco Indemnification Program, Dinwiddie County believes that Sussex’s support is important when their proposal is reviewed by the Tobacco Commission.
ON MOTION OF SUPERVISOR FLY, seconded by SUPERVISOR HARRELL and carried: RESOLVED that the County of Sussex is a jurisdiction eligible for funding through the Virginia Tobacco Indemnification and Community Revitali-zation Commission and a member of the Crater Planning District Commission; and
WHEREAS, the Virginia Motorsports Park is a racing facility located within the County of Dinwiddie; and
WHEREAS, the Virginia Motorsports Park has been approached by the National Hot Rod Association and expressed a willingness to return their annual

to the race track; and

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WHEREAS the annual racing event of the National Hot Rod Association has regional impact on the economic well being of tobacco counties such as Sussex, Greensville, Dinwiddie and those westward, as well as the political jurisdictions within the Crater Planning District Commission area; and
WHEREAS, the Virginia Motorsports Park in conjunction with the County of Dinwiddie have expressed an interest in working together and are eligible to apply for special project funding through the Economic Development Grant Program administered by the Virginia Tobacco Indemnification and Community Revitalization Commission to make the needed improvements to their facility.
NOW THEREFORE, BE IT RESOLVED by the Sussex County Board of Supervisors that the Board proclaims its support for the Virginia Motorsports Park grant application to the Virginia Tobacco Indemnification and Community Revitalization Commission with the knowledge that there will be regional economic benefits derived when the NHRA event is re-established in Dinwiddie County.

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

Voting nay: none
IDA Board Vacancy
Ms. Jones advised the Board that included in their late agenda packet is a copy of a letter from Mrs. Gracie Caple notifying of her resignation from the IDA Board of Directors. Ms. Jones requested that the Board bring names and addresses for nominations to the March 17th meeting.
EEE Consulting, Inc. – Proposal # 05-001
Ms. Jones advised that included in the Board packet is a copy of EEE Consulting, Inc. Proposal #05-001 for environmental services for 2005.
ON MOTION OF SUPERVISOR FLY, seconded by SUPERVISOR JONES and carried: RESOLVED that Proposal #05-001 from EEE Consulting, Inc. for environmental services at Robinson Road and Gin Hill Landfills is hereby approved at a price not to exceed $59,505.00

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

Voting nay: none
Fuel Bid Results
Ms. Jones advised the Board that included in the late agenda packet are copies of the results from the fuel bids. Staff advertised for #2 fuel oil, regular or mid grade gasoline, low sulfur premium diesel and propane gas. The bid opening was

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Board of Supervisors
today at 4:00 p.m. There were two respondents: Sadler Oil Company submitted a bid for #2 fuel oil and gasoline (regular or mid grade). Amerigas Propane, L.P. submitted a bid for the propane gas. Staff recommends acceptance of both.
ON MOTION OF SUPERVISOR TYLER, seconded by SUPERVISOR HARRELL and carried: RESOLVED that the Board of Supervisors hereby accepts the bid for propane gas at a price of $1.13 per gallon from Amerigas Propane, 3323 E South Crater Road, Petersburg VA 23805, to supply propane for one year beginning March 1, 2005.

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

Voting nay: none
ON MOTION OF SUPERVISOR TYLER, seconded by SUPERVISOR HARRELL and carried: RESOLVED that the Board of Supervisors hereby accepts the bid for #2 fuel oil at a price of $1.32 per gallon and regular or mid-grade gasoline at a price of $1.28 per gallon from Sadler Brothers Oil Company, Inc., Post Office Box 871, Emporia VA 23847 for a one year period, beginning March 1, 2005.

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

Voting nay: none
Treasurer’s Report
Mr. Onnie L. Woodruff, Treasurer addressed the Board. He advised that the statement of money in the banks to the credit to Sussex County as of the close of business on January 31, 2005 was $14,455,106.11. (A copy of the Treasurer’s Report is retained in the February 17, 2005 Board packet).
The Treasurer also suggested that the Board consider the elimination of County decals for vehicles. He would provide additional information at a later session.
Commissioner of the Revenue – no report
Sheriff’s Department – absent
Director of Social Services
Ms. Chequila H. Fields, Director of Social Services provided a brief report regarding the Central Virginia Food Bank program in Sussex County. The building that is being prepared for use by the Department of Social Services can also be used for the storage and distribution of food. The building is not ready for occupancy. She has spoken with the building official. The building needs to be brought into compliance with ADA Regulations for handicapped accessibility. The estimated cost is $4,000.00 to $5,000.00, to complete ADA requirements
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and to allow for storage and distribution of food. Ms. Fields requested approval from the Board to use existing allocation to fund this projected expenditure.
ON MOTION OF SUPERVISOR TYLER, seconded by SUPERVISOR CAPLE and carried: RESOLVED that the Board of Supervisors hereby authorizes the Director of Social Services to use a portion of the Department of Social Services funding to perform the necessary tasks to bring the proposed building for use by the Department of Social Services.

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

Voting nay: none
County Attorney’s Report
County Attorney, Mr. Henry A. Thompson, Sr., addressed the Board. He reviewed with the members a County Curfew Ordinance. The Town of Wakefield has an existing ordinance.
Mr. Thompson reported that the U. S. Department of Justice has responded to the request and submission by Sussex County to move the voting precinct from Mars Hill A.M.E. Zion Church to the Wakefield Airport. The Department of Justice has requested additional information which includes voting results for a number of elections, population figures and other information.
Supervisor Fly recommended that the Board proceed and move the Wakefield voting precinct to Wakefield Airport.
ON MOTION OF SUPERVISOR FLY, seconded by SUPERVISOR HARRELL that the Board proceed and resubmit a request to the Department of Justice to relocate that the Wakefield voting precinct be moved to the Wakefield Airport.

Voting aye: Supervisors Fly, Harrell, Jones

Voting nay: Supervisors Collins, Tyler, Caple
CITIZENS’ COMMENTS – none
UNFINISHED BUSINESS – none
NEW BUSINESS
Ms. Jones announced that the Board retreat is scheduled for March 2nd at the Hampton Inn.
ON MOTION OF SUPERVISOR CAPLE, seconded by SUPERVISOR HARRELL and carried: RESOLVED that the Board shall enter closed session, pursuant to

Code Sections 2.2-3711(A)(3), real estate matters, 2.2-3711(A)(1), personnel

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matters and 2.2-3711(A)7) legal matters.

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

Voting nay: none
RETURN TO REGULAR SESSION
ON MOTION OF SUPERVISOR FLY, seconded by SUPERVISOR HARRELL and carried: RESOLVED that the Board shall return to open session and certifies that only public business exempt from the Act was discussed and only public business matters identified in the motion to convene the closed meeting was discussed.

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

Voting nay: none
ON MOTION OF SUPERVISOR FLY, seconded by SUPERVISOR HARRELL that the Sussex County Board of Supervisors seek additional legal assistance and that Mr. Henry Thompson be released effective June 30, 2005.

Voting aye: Supervisors Collins, Fly, Harrell

Voting nay: Supervisors Caple, Jones, Tyler
Mr. Thompson thanked the Board for the vote even though it occurred along racial lines. Unfortunately the vote was along racial lines. The entire Board must consult with one another; the Board must meet together.
Supervisor Fly stated this was on performance only; race has nothing to do with it.
Chairman Collins stated this was performance only and not race.
Vice Chairwoman stated that her vote was not racial, but a vote of confidence.
ON MOTION OF SUPERVISOR HARRELL, seconded by SUPERVISOR FLY and

Carried: RESOLVED that the Town of Waverly be notified to sign the Ground Lease Agreement by February 26, 2005.

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

Voting nay: none

Abstaining: Supervisor Tyler
RECESS
ON MOTION OF SUPERVISOR FLY, seconded by SUPERVISOR CAPLE and carried: RESOLVED that the Board recess to March 2, 2005, 9:00 a.m. for a Board Retreat to be held at the Hampton Inn, Stony Creek.

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



Voting nay: none

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