At a Budget Workshop of the Sussex County Board of Supervisors

At a Budget Workshop of the Sussex County Board of Supervisors

Held in the General District Courtroom at

Sussex Judicial Center on

Thursday, February 21, 2008 at 6:30 p.m.

BOARD MEMBERS PRESENT

T. Wayne BirdsongCharlie E. Caple, Jr.

C. Eric FlyWayne M. Harrell

Harris L. ParkerRufus E. Tyler, Sr.

STAFF PRESENT

Mary E. Jones, County Administrator

Jacqueline Macklin-Brown, Deputy County Administrator

Henry A. Thompson, County Attorney

Jerry L. Whitaker, Director of Finance

Deborah A. Davis, Assistant to County Administrator

CALL TO ORDER

The February 21, 2008 Budget Workshop of the Sussex County Board of Supervisors was called to order by Chairman Tyler.

CLOSED SESSION

ON MOTION OF SUPERVISOR FLY seconded by SUPERVISOR HARRELL and carried: RESOLVED that Sussex County Board of Supervisors shall enter Closed Session, applicable Code Section 2.2-3711(A)(7), personnel matters.

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

Voting nay: none

RETURN TO OPEN SESSION

ON MOTION OF SUPERVISOR FLY, seconded by SUPERVISOR CAPLE and carried: RESOLVED that the Sussex County Board of Supervisors shall return to Open Session and certifies that only public business matters exempt from the act and only business matters identified in the motion to convene the Closed Meeting were discussed.

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

Voting nay: none

ADJOURNMENT

ON MOTION OF SUPERVISOR FLY, seconded by SUPERVISOR PARKER and carried, RESOLVED that the February 21, 2008 Budget Workshop of the Sussex County Board of Supervisors is hereby adjourned.

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, at 7:30 p.m.

BOARD MEMBERS PRESENT

T. Wayne BirdsongCharlie E. Caple, Jr.

C. Eric FlyWayne M. Harrell

Harris L. ParkerRufus E. Tyler, Sr.

STAFF PRESENT

Mary E. Jones. County Administrator

Jacqueline Macklin-Brown, Deputy County Administrator

Henry A. Thompson, Sr., County Attorney

Jerry L. Whitaker, Director of Finance

Deborah A. Davis, Assistant to County Administrator

Andre M. Greene, Director of Planning

Carolyn Stith-Myler, Assistant to Director of Planning

CALL TO ORDER/INVOCATION/PLESGE OF ALLEGIANCE

The February 21, 2008 meeting of the Sussex County Board of Supervisors was called to order by Chairman Tyler; the Invocation was offered by Supervisor Birdsong and the Pledge of Allegiance was led by Supervisor Parker.

APPROVAL OF REGULAR AGENDA

ON MOTION OF SUPERVISOR HARRELL, seconded by SUPERVISOR BIRDSONG and carried: RESOLVED that the regular agenda of the February 21, 2008 meeting of the Sussex County Board of Supervisors is hereby approved with the following additions: (1) Under Highways, Streets and Roads, add Item 1, Courthouse and Longevity Roads and (2) Under Old Business, add Item “C” County Owned Vehicles.

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

Voting nay: none

APPROVAL OF CONSENT AGENDA

ON MOTION OF SUPERVISOR PARKER, seconded by SUPERVISOR CAPLE and carried: RESOLVED that the consent agenda of the February 21, 2008 meeting of the Sussex County Board of Supervisors is hereby approved inclusive of the following: (1) Minutes of the January 17, 2008 meeting; (2) Minutes of the January 31, 2008 meeting; (3) Approval to appropriate the following checks to the vehicle line for Sheriff’s Department 4-100-51100-1261-512-510, check #15699, dated 11/29/07 for $8,125.00; check #16193, dated 01/25/08 for $1,895.00; check #16139, dated 01/21/08 for $7,150.00; check #16246, dated 01/30/08 for $3,791.95 ; and (4) Approval of Warrants & Vouchers in the amount of $1,218,652.61 and payroll deduction checks in the amount of $132,574.87.

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

Voting nay: none

STANDING REPORTS

Health Department

The Second Quarter Report is included in the February 21, 2008 Board packet.

Highways, Streets & Roads

Mr. William Richardson, Assistant Resident Administrator for the Waverly Residency of the Virginia Department of Transportation was in attendance, but had no report.

Supervisor Parker asked about the need to have portions of Bank Street and New Street repaired.

Supervisor Birdsong addressed the need for further review of Courthouse and Longevity Roads intersection and the danger and limited visibility involved at that location. He asked all Board members to visit that location.

PUBLIC HEARING

ON MOTION OF SUPERVISOR CAPLES, seconded by SUPERVISOR BIRDSONG and carried: RESOLVED that the Sussex County Board of Supervisors hereby enters public hearing to consider the following: (a) Robinson Road Landfill Nature & Extent Study; (b) Gin Hill Landfill Nature & Extent Study; and (c) Conditional Use Permit #2007-05, Kenneth and Tasha Beale, applicants.

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

Voting nay: none

Robinson Road and Gin Hill Landfills Nature and Extent Studies

Mr. Bill Newcomb, representative of EE Consulting, Inc. was in attendance and addressed the Board. He reported that groundwater at the closed Sussex County Robinson Road Sanitary Landfill, DEQ Permit #107, is being monitored under the Assessment program, in accordance with Virginia Solid Waste Management Regulations (VSWMR) 9 VAC 20-80-300.B.3. Solid waste constituents were observed in groundwater at concentrations that exceed Groundwater Protection Standards (GPS). In accordance with VSWMR 9 VAC 20-80-300.B.3.g, a nature and extent study (NES) was completed Based on the NES, a presumptive remedy (PR) is proposed in accordance with VSWMR 9 VAC 20-80-310.A.4

He also reported that the Nature and Extent Study (NES) for the closed Gin Hill Landfill (VDEQ Permit #193) was prepared and presented a preliminary proposal for presumptive remedy. Groundwater at the facility currently is monitored under an Assessment program in accordance with Virginia Solid Waste Management Regulations (VSWMR 9 VAC 20-80-300.B.3. Assessment groundwater monitoring was initiated at the facility in April 1994. In 2003 through 2004, acetone was detected at concentrations exceeding its Groundwater Protection Standard (GPS) in upgradient monitoring well GH1. The NES in accordance with VSWMR 9 VAC 29-80-300.3.g. As part of the NES a new upgradient monitoring well (GH5) was installed on April 12, 2006.

Written comments for both studies will be accepted for a period of 30 days ending March 7, 2008, 5:00 p.m., in the County Administrator’s Office.

Chairman Tyler called for public comments.

Comments were heard from Mr. Jason Flowers, Waverly District and Mr. John Archer. Mr. Flowers asked how often was the cap inspected. Mr. Newcomb replied twice per year.

Mr. John Archer asked what was the impact on groundwater. Mr. Newcomb replied that groundwater monitoring is required. There was no impact on deep wells. Any impact on shallow wells had been limited to the property boundary. Additional monitoring wells had been installed.

Conditional Use Permit #2007-05, Kenneth and Tasha Beale, applicants

Mrs. Carolyn Stith-Myler, Assistant to the Director of Planning presented conditional use permit application #2007-05.

STATEMENT

Pursuant to Section 16-22 (19) of the Zoning Ordinance, the applicants, Kenneth C. and Tasha M. Beale seek a conditional use permit to allow the construction of underground water and sewer pipelines and associated facilities. The water and sewer lines will serve a proposed twenty-six (26) lot residential subdivision.

LOCATION

The site in question, identified as part of tax map number 13-((A))-5, is located on the south line of Route 602 (Cabin Point Road) approximately 2,300 feet west of the intersection of Route 602s and Route 625 (Newville Road) in the Blackwater Election District.

FINDINGS

The subject property consists of approximately 31.89 acres of woodlands and is zoned A-1, General Agricultural District. Public utilities such as water and sewer are recognized as permitted uses in the A-1 zoning district with a conditional use permit. The general area may be characterized as rural residential. Surrounding land uses include single-family dwellings and woodlands. The applicants are proposing to subdivide the affected property into twenty-six residential lots. Homes to be constructed will range in size from 1,800 to 4,000 square feet.

Water service will be provided by the Sussex Service Authority. A six-inch (6’’) line will be extended underground for approximately 4,120 linear feet. Sewer service will also be provided by the Sussex Service Authority. Approximately 3,550 linear feet of four-inch (4’’) force main will be extended underground to serve the proposed development.

Design plans and specifications for the water and sewer utilities will be prepared by a licensed professional and submitted to the County and the Sussex Service Authority for review and approval. The applicants will bear the cost of having the water and sewer lines installed and will transfer ownership of the lines over to the Sussex Service Authority for operation and maintenance.

FUTURE LAND USE DESIGNATION

The Comprehensive Plan has the site in question designated for future residential use.

RECOMMENDATION

The Planning Commission at their January 7, 2008 meeting voted unanimously (7-0) to approve Conditional Use Permit Application #2007-05 subject to the following conditions:

• A utility plan, prepared by a certified professional, must be submitted to the Planning Office for review and approval by all relevant agencies prior to commencement of any land disturbing activity.
• A land disturbance permit must be obtained by the applicants or their agent prior to the initiation of construction of the water and sewer lines.

The Planning Commission recommended approval for the following reasons:

• The proposed water and sewer utilities are consistent and compatible with existing land uses.
• The proposed residential development is consistent with the Comprehensive Plan.
• The impacts due to installation of the proposed water and sewer lines will be minor and temporary.
• The water and sewer lines will be located underground and will not alter the character of the surrounding area.

To date, staff has received no objections to the request from the public.

Chairman Tyler called for citizens comments. There were none.

RETURN TO REGULAR SESSION

ON MOTION OF SUPERVISOR HARRELL, seconded by SUPERVISOR PARKER and carried: RESOLVED that the Board of Supervisors shall return to regular session.

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

Voting nay: none

ON MOTION OF SUPERVISOR PARKER, seconded by SUPERVISOR CAPLE and carried: RESOLVED that the Sussex County Board of Supervisors hereby approves Conditional Use Permit Application #2007-05, Kenneth and Tasha Beale, applicants, subject to the following conditions:

• A utility plan, prepared by a certified professional, must be submitted to the Planning Office for review and approval by all relevant agencies prior to commencement of any land disturbing activity.
• A land disturbance permit must be obtained by the applicants or their agent prior to the initiation of construction of the water and sewer lines.

AND FURTHER RESOLVED that Conditional Use Permit Application #2007-05 is hereby approved for the following reasons:

• The proposed water and sewer utilities are consistent and compatible with existing land uses.
• The proposed residential development is consistent with the Comprehensive Plan.
• The impacts due to installation of the proposed water and sewer lines will be minor and temporary.
• The water and sewer lines will be located underground and will not alter the character of the surrounding area.

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

Voting nay: none

County Administrator’s Report

Robinson, Farmer, Cox Associates’ FY 2007 Audit

County Administrator Jones advised that Mr. Paul Lee from Robinson Farmer Cox is present and will discuss the final fiscal year 2007 audit. She also advised that a draft copy was delivered to each Board member last week.

Mr. Paul H. Lee, CPA, represented the accounting firm of Robinson, Farmer, Cox Associates. He reviewed Sussex County’s Annual Financial Report for Fiscal Year Ended June 30, 2007. Mr. Lee delivered the final audit report to the Board.

Waverly Youth Association

County Administrator Jones advised that included in the Board packet is a copy of information on the Waverly Youth Association, which is a non-profit, volunteer organization attempting to set standards in youth sports.

Mr. and Mrs. Jason Flowers and Ms. Martha Byrd provided a brief presentation to the Board. (A copy of their supporting documentation is retained in the February 21, 2008 Board packet).

Crater Area Agency on Aging

County Administrator Jones advised that representatives from Crater District Area Agency on Aging are present to discuss a proposal for additional services to be provided at the Jarratt Senior Citizens Center.

Mr. David Sadowski, Executive Director of Crater District Area Agency on Aging and Mrs. Ann Key, Site Coordinator of the Jarratt Senior Citizens’ Center addressed the Board. They explained that Crater is evaluating whether to apply for a grant for a respite program for caregivers. Family members who are caring for older relatives often need a break from their duties. Crater would offer the program in Sussex County and use the Jarratt Senior Citizens’ Center. Up to ten adults would be cared for during a week. The existing programs would continue. There is a need to add a handicapped rest room which can be unisex. Grants will be sought for the renovation work. Crater District Area Agency on Aging needs the approval of the County to endorse the application and permission to add this additional program.

ON MOTION OF SUPERVISOR CAPLE, seconded by SUPERVISOR FLY and carried: RESOLVED that the Sussex County Board of Supervisors hereby authorizes the County Administrator to draft a letter of support for the Crater District Area Agency on Aging proposed respite program for caregivers.

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

Voting nay: none

Radio System Contract

County Administrator Jones advised the Board that included in the packet is a memo from Mr. Eddie T. Vick, Sussex County Public Safety Coordinator regarding Request For Proposals #1102-07, Communications System Maintenance Contract.

Mr. Vick stated that he reviewed responses from the RFP # 1102-07 for the Sussex County Public Safety Communication System Maintenance Contract. The rating spreadsheet and a letter of support from Sheriff Bell are attached to this cover letter. Three (3) vendors responded to the RFP. One (1) did not meet the requirements of our RFP (not an authorized service dealer for Kenwood and Tait).

Staff recommendation is to accept the higher bid (Mace Incorporated). Most of the Board members may recall that Atlantic Communication installed the current communication system in 2002 and, this came with a three (3) year maintenance contract. Mace Incorporated has been our maintenance contract vendor for the past two (2) years. The County has had experience with both bidders and this decision will take into account both our experience with the vendors and the Bid document.

1) Adequacy and credential of professional level staff: Both vendors will primarily use two staff technicians. Atlantic Communication has 14 years of combined experience, while Mace Incorporated staff has 38 years of combined experience.

2) Experience and pertinent reference: Both vendors provided references. References were contacted. Both vendors received positive comments. However, Sussex County had experience with Atlantic Communications because Atlantic Communications won the initial bid and installed the radio system for Sussex County in 2002 and the system came with a three (3) year maintenance contract. During that period of time, (a) Resolution to the Wakefield received site problem was never completed; (b) Responses to service calls were not made within the required contract time; several calls had to be made before Atlantic responded. Oftentimes, the owner of the company had to be contacted before there was a response. (c) Billing was not timely, bills were late (d) Conflict between the various staffs. Atlantic personnel could be very confrontational with local staff about repairs. The overall performance was not positive at all. This is the reason for the low score.

Mace has been the maintenance vendor for the past two years. Mace was asked to find out why the Wakefield site was not working (which they did). In the spring of 2007, the Board of Supervisors provided the funding to repair the site at the cost of $15,000. The site is working.

3) Completeness and quality of proposal: Both bidders provided the needed RFP copies as requested. The format was different in both but they were easy to follow. However, Atlantic Communication bid did not have the current amount or current models of radio equipment in their document. Sussex County has begun to purchase some P25 Radio (Interoperability Models) which requires special training of the vendor staff (missing from the list). Some of the items are not addressed and may leave room for misunderstanding once the contract is awarded.

4) Cost to provide services: There is a $39,960.00 difference in the three (3) year contract bids. Please note the difference in service call charges and labor rates. Because of the unforeseen nature of this type of equipment, the radio maintenance contract will not prevent all technical failure to the system. Hurricanes, high winds, lighting strikes, and equipment failure can add additional charges up over the three (3) years period of the contract. On several occasions, the current vendor (Mace Incorporated) has provided services that were not billed (reprogrammed radios, services call, repairs to equipment, and submitted FCC paperwork for licenses).