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JANUARY 5, 2009
6:00 P.M.



Board Members Present: Fitzgerald A. Barnes, Dan W. Byers, Willie L. Gentry, Jr., Willie L. Harper, Richard A. Havasy, P.T. Spencer, Jr. and Jack T. Wright

Others Present: Dale Mullen, Interim County Administrator/County Attorney; Ernie McLeod, Deputy County Administrator; Jeremy Camp, Director of Community Development; Kevin Linhares, Director of Facilities Management; Bob Hardy, Director of Information Technology; Robert Dubé, Fire Chief; Jane Shelhorse, Director of Parks and Recreation; Sherry Vena, Director of Human Resources; Amanda Reidelbach, Office Manager, Administration; Zuwana Morgan, Deputy Clerk; and Brittany Shupe, Records Clerk

ORGANIZATIONAL MEETING

CALL TO ORDER

Mr. Mullen said in accordance with Virginia Code Section 15.2-1422 it was his duty to open the Organizational meeting of the Louisa County Board of Supervisors and to open the floor for nominations for the position of Chairman.

ELECTION OF CHAIRMAN

Mr. Wright said he would like to nominate Mr. Willie Harper as Chairman.  Mr. Havasy seconded the nomination.

Mr. Mullen asked if there were any other nominations.

Mr. Byers made the motion to close the nominations and Mr. Spencer seconded the motion.

Mr. Mullen requested a roll call vote for Mr. Wrights motion.

PRESENTVOTE
Richad A. Havasy Yes
P.T. Spencer, Jr. Yes
Jack T. Wright Yes
Fitzgerald A. Barnes Yes
Dan W. Byers Yes
Willie L. Gentry, Jr. Yes
Willie L. Harper Yes

With the votes reflecting 7-0 the Board adopted a resolution appointing Mr. Harper as Chairman of the Louisa County Board of Supervisors for a one-year term to begin January 5, 2009 and end December 31, 2009.

ELECTION OF VICE CHAIRMAN

Chairman Harper opened the floor for nominations for the Vice Chairman of the Louisa County Board of Supervisors for 2009.  Mr. Spencer said he would like to nominate Mr. Willie Gentry for Vice Chairman.

By nomination of Mr. Spencer, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution appointing Mr. Gentry as Vice Chairman of the Louisa County Board of Supervisors for a one-year term to begin January 5, 2009 and end December 31, 2009.

Mr. Byers made the motion to close the nominations and Mr. Spencer seconded the motion.

CALL TO ORDER

Chairman Harper called the January 5, 2009 regular meeting of the Louisa County Board of Supervisors to order at 6:00 p.m.  Mr. Spencer led the invocation, followed by the Pledge of Allegiance.

ADOPTION OF THE AGENDA

Mr. Harper said he would like to add  a presentation from Mr. Joe Hines of the Timmons Group to the agenda.  Mr. Harper said he would like to add a discussion on Central Virginia Regional Jail Agreement to the agenda.  Mr. Harper said he would like to add a close session to the agenda.  Mr. Mullen said item three under new business would be handled under the County Administrators report.

On motion of Mr. Barnes, seconded by Mr. Spencer, which carried by a vote of 7-0, the January 5, 2009 agenda was adopted as amended.

PRESENTATIONS

VDOT Monthly Update - Jamie Glass, Resident Administrator, provided an update of VDOT activities, which included the following:

Maintenance:

ˇ        Maintenance Crews have been performing the following activities:
o        Machining dirt roads.
o        Shoulder work on primary and secondary roads.
o        Boom Axe work on primary roads.
o        Brush cutting around bridges.
o        Limbing operations on secondary roads.
o        Clearing debris and trimming brush from around secondary bridges.

Construction:

ˇ        There are no activities occurring at this time.

Land Use:

ˇ        There were four sets of site plans/plats submitted in the last month to the Residency for review by Residency and District Planning Staff.

Traffic Engineering:

ˇ        Route 33, Main Street in the Town of Louisa, Crosswalk Signs have been approved and are scheduled for installation.

ˇ        Route 614 (Elk Creek Rd.) at the intersection of Route 652 (Kentucky Springs Rd.) an additional Stop Sign has been installed on the right    side of the    intersection.

ˇ        Route 739 (Plum Tree Rd.) Curve Warning Signs with Speed Advisory plates have been installed.

Other Business:

.        The Economic Development Access project on Route 807 has been completed in its entirety and all the supporting documentation has been    submitted    by the County and approved and the required Certificate of Deposit for the project could now be released back to the County.

Presentation Timmons Group

Mr. Joe Hines of Timmons Group introduced Mr. Fred Pribble of Draper Aden.    Mr. Hines stated prior to the Authority formation certain draft documents had to be completed which included; notice of public hearing, a resolution and articles of incorporation.  Mr. Hines said the draft documents required legal review and concurrence by Fluvanna and Louisa legal counsels.  Mr. Hines said they recommend that the applicable portions of 2003 memorandum of understanding be incorporated into the resolution.  Mr. Hines said By-laws needed to be developed but were not necessary before a public hearing.

Mr. Hines stated in order to create a joint authority, the following steps were required; authorization of public hearings by both Board of Supervisors, public hearing must be advertised and held, advertise
at least once, advertise not less than 30 days prior and the public hearing could be joint or separate.

Mr. Hines stated at a public meeting or the public hearing each Board must adopt: a resolution or ordinance that creates the Authority and the articles of incorporation.  Mr. Hines said at that time each Board would appoint the Authority Board Members.

Mr. Hines said once the articles of incorporation were adopted they need to be forwarded to SCC for approval.  Mr. Hines stated the Authority could be established 60 to 90 days after authorization of the public hearing.

Mr. Hines stated the Virginia Code Requirements for a Joint Authority Board were as follows: number of Board Members to be specified in articles of incorporation, not less than one member for each participating locality, not less than a total of five members, terms not to exceed four years and Board members can succeed themselves (could serve more than one term).

Mr. Hines said based on feedback from both localities he suggested there be at least six members on the Board and at least three from each county. Mr. Hines said they proposed the Board make-up for each County consist of a Board Member, the County Administrator and a Citizen Appointee.

Mr. Hines stated with an even Board there were two ways to deal with the tiebreaker, one you dont deal with it and its just a dead vote or the Virginia Code allows for each jurisdiction on a revolving year basis, to appoint a tiebreaker, the Authority could appoint a tiebreaker, the Chairman of the Authority Board could act as tiebreaker and vote twice or the Authority could ask the court to appoint a tiebreaker.  Mr. Hines said whatever the tiebreaker was it needed to be addressed in By-Laws (not articles of incorporation).

Mr. Hines said prior to conducting any Authority Business there would need to be an Organizational meeting of Authority Board to select a Chairman, Vice Chairman and Secretary/Treasurer.  Mr. Hines said the General Manager could be selected then or at a later date.  Mr. Hines said the By-Laws would be adopted and the business matters could include the adoption of rates & fees, easement acquisition, authorization of funding, contracts, issuance of bonds and etc.

Mr. Hines said they had done this presentation for the Fluvanna Board in December and they were presenting the same exact information.  Mr. Hines said they would like to schedule the joint Fluvanna & Louisa Board meeting in mid January 2009.  Mr. Hines said the Boards would advertise for public hearing within a week after the joint meeting.  Mr. Hines said a public hearing could be held in each locality or together in late February
or early March.  Mr. Hines said each Board would adopt appropriate items at public hearing then submit articles of incorporation to State Corporation Commission (SCC) hopefully in March and the Authority should be formed in April 2009.

Mr. Byers asked when the two Boards came together were the public hearings usually joint or separate.  Mr. Pribble said from his experience they were usually separate.

Mr. Byers asked were the
Authority Board members compensated.  Mr. Hines said yes there was some type of compensation.

Mr. Barnes said he was very supportive of the project however he has always had concerns about even numbered Boards.  Mr. Barnes said he didnt care of the number but just didnt like even numbered Boards.

Mr. Hines said the State Law requires minimum of five Board members and at least one represent
ative from each locality.

Mr. Harper said both sides had indicated they wanted equal representation.

Mr. Havasy asked what was the most reasonable time limit for the first members. Mr. Havasy asked if they thought four years was kind of extreme. Mr. Hines said the norm was four year.

Mr. Havasy asked if each county had authority to remove their members.  Mr. Hines said it would depend on how the By-Laws were written.  Mr. Hines said if the person moved out of the locality or if a Board member was not re-elected that would be reason for them to drop off.

Mr. Spencer said he was under the impression that the Joint Authority would not be answerable to the Board of Supervisors like the Louisa County Water Authority.  Mr. Spencer asked were they recommending the Joint Authority be answerable to the Boards.  Mr. Hines said it becomes a separate governing body.

Mr. Pribble said the Board members of each county are responsible for appointing their members to the Joint Authority.  Mr. Pribble said
the Joint Authority doesnt have any control of whether the other county extends water lines, it was only a Joint Authority for water supply.

Mr. Spencer asked who would set the rates.  Mr. Pribble said the Authority would set the rates, fees and charges.

Mr. Mullen said the Board had before them a memorandum of understan
ding that would be entered into by Dominion Power, Fluvanna and Louisa Counties.  Mr. Mullen said he would give the Board an opportunity to review the document and it could be voted on at the next meeting.  Mr. Mullen stated he had reviewed the MOU and thought it was a good document.

Mr. Mullen said they were trying to schedule the first joint meeting between Louis and Fluvanna on Monday January 26
th or Tuesday January 27th around 2:00 p.m. and it would be held at the Best Western at Zion Crossroads.

Mr. Byers asked how long was the
Dominion Power permit good for. Mr. Mullen said 15 years.  Mr. Hines said yes it was 15 years.

Mr. Hines stated Dominion Virginia Power does have to have a permit in order for the Joint Authority to withdraw water.  Mr. Hines said the MOU was the initial agreement to get an agreement in place.  Mr. Hines said if for any reason Dominions permit was reduced or taken away the Authority could use Dominion intake structure via its permit to withdraw water from the James River.

Mr. Spencer asked who had the withdrawal permit.  Mr. Hines said the counties themselves have a withdrawal permit.  Mr. Hines said the structure was owned by Dominion Virginia Power.

Mr. Spencer asked how long was the withdrawal permit good for.  Mr. Hines said it was good for 15 years.

OLD BUSINESS

Central Virginia Regional Jail Agreement

Mr. Harper said the agreement mostly discusses budgetary items.  Mr. Harper said Orange County asked for some changes to be made to the agreement.  Mr. Harper said Orange asked for documents in advance so they would have opportunity to plan.

Mr. Mullen said he would like the Board to take action so the County would be able to move to the next step with the Jail Board Authority.  Mr. Mullen said the changes Orange County made were to make sure the Authority remained attentive to the physical concerns of the jurisdictions.  Mr. Mullen stated the changes would give the jurisdictions time to review, adapt and ensure greater accountability.

Mr. Mullen said the draft had been worked on for two months.  Mr. Mullen said in the draft pages 10-16 and the changes that Orange County proposed on pages 20 & 21 would be what the Board would be voting on.

On motion of Mr. Barnes, seconded by Mr. Wright, which was carried by a vote of 7-0, the Board voted to be a part of the Central Virginia Regional Jail Authority.

Mr. Byers asked would the structure remain the property of Orange County.  Mr. Harper said it was the property of the five individual counties.

Mr. Byers asked if the Authority disbanded would Louisa still have their share of the property.

Mr. Mullen said the property would transfer by a separate resolution from the five counties to the authority   Mr. Mullen said he didnt know what would happen with the property if the Authority disbanded but he could certainly find out.

Mr. Mullen said Orange had turn
ed their portion over to the authority and Louisa would have to do that as well.  Mr. Mullen said that would be done at a separate meeting and at that he could have an answer for the Board on what would happen if the Authority was disbanded.

NEW BUSINESS

Resolution Granting a change order and additional funding for the installation of an emergency generator at Moss-Nuckols Elementary School.

Mr. Harper said at the November 17, 2008 meeting the Board appropriated funds for emergency generator at Moss-Nuckols Elementary School.  Mr. Harper said the school would be very useful for the North Anna evacuation plan.

Mr. Byers asked was it $9,000 plus the previously asked for $43,000 that would complete the job.  Mr. McLeod said at this point the installation cost was unknown but they did know the design.  Mr. McLeod said it could be anything between $6,940 to about $18,440 short.

Mr. Byers asked what the $8,916 was for.  Mr. McLeod said that was for the design.

Mr. Barnes made a motion to
adopt a resolution granting a change order and additional funding up to $18, 440 for the installation of an emergency generator at Moss-Nuckols Elementary School, Mr. Wright seconded the motion.

Mr. Byers asked if the $18,440 include the $8,916.  Mr. McLeod answered yes.

Mr. Havasy asked that Mr. Linhares look into the project.  Mr. Harper said the Board could ask him to look into it.  Mr. Havasy said he would like to ask Mr. Linhares to look into the project.

Mr. Barnes said he had professionally worked with the architect and he would stay within the dollar amount given to him.

Mr. Havasy said if there are experts hired in the county why not use them.  Mr. Havasy said it was a County project that the Schools were overseeing and he would feel better if Mr. Linhares looked into it.

Mr. Harper said the Board would move on with the motion and asked Mr. Mullen to have Mr. Linhares look into and report back to the Board.

Mr. Spencer said wasnt the Board the ones that asked that the generator be put into the school and shouldnt they have taken care of it before now.  Mr. Harper said perhaps so.

On motion of Mr. Barnes, seconded by Mr. Wright, which carried by a vote of 7-0, the Board adopted a resolution granting a change order and additional funding up to $18, 440 for the installation of an emergency generator at Moss-Nuckols Elementary School.

Establishment of Meeting Dates and Time

Mr.  Spencer said he was one of the members who asked to go to the 6:00 p.m. meeting and there hadnt been any more citizens to come and attend the meeting.

Mr. Spencer made a motion for the Board to adopt a resolution setting the meeting dates for first and third Monday of the Month at 5:00 p.m., if a legal holiday falls on a Monday the meeting would be the following Tuesday and public hearings will be at 7:00 p.m., Mr. Wright seconded the motion.

Mr. Havasy asked could there be two citizens information periods one at 5:00 pm and one at 7:00 p.m.

Mr. Wright said they could just move the one to 6:30 p.m.

Mr. Harper asked Mr. Mullen to have the agenda changed.

Mr. Spencer said last year they had to stop in the middle for close sessions and public hearings and he thought Mr. Havasy had a good idea to have citizen information at 5:00 p.m. and 7:00 p.m.

Mr. Mullen said to change the citizen information period the bylaws would have to be changed.

Mr. Wright said the public hearings had to start at 7:00 p.m. because that was the way they had been advertised to the public.  Mr. Mullen agreed.

Mr. Barnes said having two citizen information periods they would find may be too much.

On motion of Mr. Spencer, seconded by Mr. Wright, which carried by a vote of 7-0, the Board adopted a resolution setting the meeting dates for first and third Monday of the Month at 5:00 p.m., if a legal holiday falls on a Monday the meeting would be the following Tuesday and public hearings will be at 7:00 p.m.

Mr. Byers said he has full time employment and it would be hard for him to get to the meeting at 5:00 p.m. but if thats what the Board wanted he would do his best.

Amendment/Approval Board of Supervisors Bylaws

On motion of Mr. Gentry, seconded by Mr. Wright, which carried by a vote of 7-0, the Board adopted a resolution revising section 2.3 of Louisa County Board of Supervisors bylaws  to change the citizen information period to 6:30 p.m.

Resolution Offering budget and revenue recommendations for the 2009 legislative session to the Governor and Virginia General Assembly.

Mr. Mullen said the idea is to show the General Assembly what the Countys desires are for their budgetary concerns.

Mr. Wright said the resolution addressed all the concerns the Board had discussed in the last six to eight months.

Mr. Barnes said he was disappoint
ed that the County wasnt given the same abilities as Towns and Cities.

Mr. Byers asked did the school systems ha
ve some other means to comment.   Mr. Barnes said they could comment through VASSP.

On motion of Mr. Spencer seconded by Mr. Gentry, which carried by a vote of 7-0, the Board adopted a resolution offering budget and revenue recommendations for the 2009 legislative session to the Governor and Virginia General Assembly.

COMMITTEE REPORTS

Mr. Barnes said he would like to see a list of County projects when a developer comes in they could look at the list to see what they could proffer.

Mr. Gentry said tipping fee committee was in the process of gather information.  Mr. Gentry said he and Mr. Barnes would be getting back to the Board once that was complete.

COUNTY ADMINISTRATORS REPORT

Mr. Mullen said the Trevilian Station Battlefield was about 80 percent completed.  Mr. Mullen said the slowdown was because the county had been asked to enter into an agreement that the insurance company says can not be entered into.  Mr. Mullen stated he expected a resolution within 30 days.

Mr. Mullen said the county received a letter from the Town of Louisa about the phase two downtown improvements projects.

Mr. Mullen said at September 19
th budget workshop the Board asked that all departments take a look at five, ten and fifteen percent budget reductions.  Mr. Mullen said those reductions were predicated on whether or not the county would make its expected revenue.  Mr. Mullen said on December 21, 2008 finance generated a revenue report that included taxes through December 19. 2008.  Mr. Mullen said fiscal year 09 real estate was $43,352,500 and the December report showed $44,868,172, which meant the county was financially sound.

Mr. Mullen said there was a Revenue Recovery update included in the Board Packet.

Mr. Wright said his wife had read in the CV where the county had received quite a bit of money from insurance and if he was reading the report correctly the county hadnt received any money.

Mr. McLeod said the report only reflected up until November and money was received after that time frame.

Mr. Wright said that meant nothing was collected in the first 60 days.  Mr. McLeod said that was correct and it was expected because it takes time to get going.

Mr. Mullen said the county offices would be closed January 16
th ,19th and February 16th.

Mr. Mullen said there were changes made to the inclement weather procedure.  Maps were handed out to the Board Members and Mr. Mullen went over the main roads that the staff would check on if there were inclement weather.  Mr. Mullen said the roads would be reviewed before a decision would be made about delays or closings.   Mr. Mullen said if the Board had any roads to add to please let him know.

Mr. Mullen said the roads would be reviewed between 3:00 a.m. and 6:00 a.m. because calls had to be made to the television stations by 6:30 a.m. Mr. Mullen said a phone hotline was established which was advertised to all employees and the information would also be available on the county website at 6:30 a.m. as well.

Mr. Mullen told the Board if they had any questions they could call him, he would be out during inclement weather reviewing roads himself.

Mr. Gentry said he would question the need for county employees to review the roads when VDOT would have that information available.  Mr. Gentry said between the school system and VDOT the information should be there.

Mr. Mullen said in the past the county offices had made determinations independent of VDOT and the Schools, if that was not the desire of the Board then the policy could be adjusted.

Mr. Harper said the county could gather the information from VDOT and the Schools but make your own decision.

Mr. Gentry said VDOT makes routine reports along the way and if the data was available then we should use it and not put county employees at risk on the roads.

Mr. Byers asked was there a collective means to gather the data.

Mr. Barnes suggested to allow Mr. Mullen to do what he felt was needed.

Mr. Harper said the Board appreciated the interest Mr. Mullen had given to the inclement weather policy.  Mr. Harper said to work with the others and see what could be worked out.

Mr. Mullen said he would take Vice Chairman Gentrys suggestion and have Mr. Gentry show him what was available through VDOT.

Mr. Gentry said it wasnt his intention to tell Mr. Mullen what to do.

Mr. Spencer said it was actually wonderful to have the County Administrator say something and there be something to it.  Mr. Spencer told Mr. Mullen he was behind him 100 percent and he was a breath of fresh air.

Mr. Wright asked if the questionnaire for the Town of Louisa had been filled out.  Mr. Wright said he thought that Mr. Spencer and Mr. Mullen should get together and fill out the questionnaire.

Mr. Spencer said he would be glad to meet with Mr. Mullen at anytime and he would get Mr. Artz from the Town also.  Mr. Mullen said they would get it done this week.

Mr. Wright said they wanted it back no later than January 15, 2009.

CONSENT AGENDA ITEMS

Resolution For a supplemental appropriation to the Industrial Development Authority for the Governors Opportunity Fund grant

On motion of Mr. Barnes, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board adopted a resolution for a supplemental appropriation to the Industrial Development Authority for the Governors Opportunity Fund grant.

APPROVAL OF BILLS

On motion of Mr. Barnes, seconded by Mr. Spencer, which carried by a vote of 7-0, the Board adopted a resolution approving the bills for the second half of December 2008 for the County of Louisa in the amount of $440,852.38.

APPROVAL OF MINUTES

On motion of Mr. Barnes, seconded by Mr. Wright, which carried by a vote of 7-0, the Board adopted the minutes of the December 15, 2008 meeting.

CLOSED SESSION

On motion of Mr. Barnes, seconded by Mr. Spencer, which carried by a vote of 7-0, the Board voted to enter Closed Session at 7:03 p.m. for the purpose of discussing the following:

In accordance with §2.23711 (A) (1) VA Code Ann., for the purpose of discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body; and evaluation of performance of departments where such evaluation will necessarily involve discussion of the performance of specific individuals.

REGULAR SESSION

On motion of Mr. Gentry, seconded by Mr. Wright, which carried by a vote of 7-0, the Board voted to return to Regular Session at 7:27 p.m.

RESOLUTION - CERTIFICATION OF CLOSED SESSION

On motion of Mr. Gentry, seconded by Mr. Spencer, which carried by a vote of 7-0, the Board voted to adopt the following resolution:

PRESENTVOTE
P.T. Spencer, Jr. Yes
Jack T. Wright Yes
Fitzgerald A. Barnes Yes
Dan W. Byers Yes
Willie L. Gentry, Jr. Yes
Willie L. Harper Yes
Richad A. Havasy Yes

WHEREAS, the Louisa County Board of Supervisors has convened a Closed Meeting this 5th of January 2009, pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and

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

NOW, THEREFORE BE IT RESOLVED on this 5th of January 2009, that the Louisa County Board of Supervisors does hereby certify that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting was heard, discussed or considered by the Louisa County Board of Supervisors.

ADJOURNMENT

On motion of Mr. Wright, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board voted to adjourn the January 5, 2009 meeting at 7:28 p.m.

BY ORDER OF


________________________________
WILLIE L. HARPER, CHAIRMAN
LOUISA COUNTY BOARD OF SUPERVISORS
LOUISA COUNTY, LOUISA, VIRGINIA