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JANUARY 7, 2008
5:00 P.M.



Board 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: C. Lee Lintecum, County Administrator; Ernie McLeod, Deputy County Administrator; Patrick Morgan, County Attorney; Darren Coffey, Director of Community Development; Jason Pauley, County Engineer; Kevin Linhares, Director of Facilities Management; Mike Schlemmer, Coordinator of Emergency Services; Bob Gibson, Director of Economic Development; Bob Hardy, Director of Information Technology; Sherry Vena, Director of Human Resources; Jane Shelhorse, Director of Parks and Recreation; Amanda Lloyd, Office Manager; April Jacobs, Deputy Clerk; and Zuwana Morgan, Records Clerk

ORGANIZATIONAL MEETING

CALL TO ORDER

Mr. Lintecum called the January 7, 2008 annual organizational meeting of the Louisa County Board of Supervisors to order at 5:00 p.m.  Mr. Lintecum opened the meeting by asking for nominations for Chairman.

ELECTION OF CHAIRMAN

Mr. Wright stated he would like to nominate Mr. Harper for Chairman.  Mr. Havasy stated he would like to nominate Mr. Gentry for Chairman.

        On motion of Mr. Havasy, seconded by Mr. Wright, which carried by a vote of 7-0, the Board agreed to close the nominations.


        By nomination of Mr. Wright, with Messrs Gentry, Barnes and Havasy voting against, which carried by a vote of 4-3, 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 7, 2008 and end December 31, 2008.

Mr. Harper thanked the Board for their confidence and said he hoped he could live up to their expectations this coming year; however, the only thing he would ask in exchange would be the Boards cooperation and commitment, which they had demonstrated throughout the years.  Mr. Harper recognized Mr. Wright for his untiring commitment for the job he had as Chairman.  Mr. Harper added Mr. Wright had done an excellent job of traveling about and was a man on the go and the Board appreciated that.  

ELECTION OF VICE CHAIRMAN

Chairman Harper opened the floor for nominations for the Vice Chairman of the Louisa County Board of Supervisors for 2008.  Mr. Spencer said he would like to nominate Mr. Gentry for Vice Chairman.

        By nomination of Mr. Spencer, 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 7, 2008 and end December 31, 2008.

CALL TO ORDER

Chairman Harper called the January 7, 2008 regular meeting of the Louisa County Board of Supervisors to order at 5:04 p.m.  Mr. Barnes led the invocation, followed by the Pledge of Allegiance.

CONSTITUTIONAL OFFICERS

Dr. Pettit said the Schools started the second half of the school year today after a very successful first half.  Dr. Pettit added she would like to continue to highlight the Learners Community this semester.    

Mr. Byers said he noticed that assessment notices were sent this week and questioned Ms. Pleasants if there would be any information shared through the media that explained the differences from last year because a lot of constituents were concerned about what the rationale was.  Ms. Pleasants said she believed some of the newspapers had contacted Rich Gasper, Assessor, and she was sure there would be information following up.  Ms. Pleasants added she would be following up with the tax relief and the land use.  

Mr. Spencer said he, too, has had several calls from constituents about assessments.  Mr. Spencer added he had a phone call from a citizen questioning why their house assessment increased $15,000 and he didnt know how to respond to them.  Ms. Pleasants said the Assessors and the Appraisers that completed the evaluations would need to address each individual on a case-by-case basis.  Mr. Spencer requested that Ms. Pleasants ask Mr. Gasper if he could attend a Board Meeting to address the concerns of Board Members.    

Ms. Pleasants said she has had several calls about the increased land use values as well.  Ms. Pleasants indicated that the values came to the County from the State Land Evaluation Committee (SLEC), which were the recommended values from the State that the County had used since the program was adopted in 1977.  Ms. Pleasants said she felt they were the only values to use because they had the research and the information behind them to back up where they came from.  

Ms. Pleasants recommended that the Board tell the concerned citizens to get in contact with her with any questions they may have so she could explain the assessments with them individually.


CITIZENS INFORMATION PERIOD

Mr. Byers questioned if there was any prohibition against having citizens make comments at 7:00 p.m. if, for some reason, they couldnt make it to the meeting at 5:00 p.m.  Mr. Harper said normally, it was set into the agenda to have citizens address the Board at this point; however, he thought a Board Member could recognize a citizen at any point during the meeting to address the Board.  

Mr. Barnes said he thought the Board should consider having the Citizens Information Period around 6:00 p.m.  Mr. Barnes added 6:00 p.m. might be more of an appropriate time to give citizens the opportunity to speak because he knew it was difficult for a working person to get to the meeting at 5:00 p.m.  Mr. Harper said when the Board reached the topic of approving the bylaws, that suggestion could be addressed at that point.  
   

PRESENTATIONS

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

Maintenance:

Construction: Land Use: Traffic Engineering:

Mr. Barnes said he never received an email from Mr. Wood about the status of Byrd Mill Road (Route 649) and he would appreciate if Mr. Glass would get that to him.

Mr. Havasy said he has had a lot of complaints from citizens that on James Madison Highway (Route 15) across from Spring Creek, there were a lot of tractor-trailers doing u-turns and questioned if VDOT could install “No U-Turn” signs.  Mr. Glass said there was also an issue on the road going into the Wal-Mart Distribution Center where tractor-trailers were parking on the side of the road.  Mr. Glass indicated that VDOT was going to post “No Parking” signs there so they could probably do the same on Route 15 at the same time.  
 

Mr. Byers said if a Board Member went directly to Mr. Glass about highway related issues, other members may not become aware of them and questioned how that was typically handled.  Mr. Harper said any Board Member was certainly free to go to Mr. Glass directly if it was something that could be handled in that manner; however, if the issue needed some type of consideration from the Board, the issue should be brought back to the Board at that point.  

Mr. Spencer said he would appreciate it if VDOT could start getting some information together on Ellisville Drive (Route 669).  Mr. Glass said that project was in the Six-Year Plan and they were currently trying to appropriate funds for it.
 

ADOPTION OF THE AGENDA

        On motion of Mr. Wright, seconded by Mr. Havasy, which carried by a vote of 7-0, the January 7, 2008 agenda was adopted.

NEW BUSINESS

Establishment of Meeting Dates and Time

Mr. Wright said the Board had always made a practice of having one meeting in July and August; however, he thought last year was the last time that could be done.  Mr. Wright proposed for the Board to continue to have two meetings each month.  Mr. Barnes said July wasnt as busy as August; therefore, he thought the Board should have one meeting in July and two meetings in August.  Mr. Wright said the bylaws allowed the Board to cancel a meeting if there werent enough topics to discuss.

Mr. Spencer said he thought the Board Meeting should begin at 6:00 p.m. to give citizens the opportunity to attend and address their concerns.

Mr. Wright stated he would like to make a motion to adopt a resolution setting forth the date and time of the Louisa County Board of Supervisors monthly meetings for 2008 to be held on the first and third Monday of each month at 5:00 p.m. with public hearings beginning at 7:00 p.m.  Mr. Havasy seconded the motion.  Mr. Harper requested a roll call vote.  

PRESENTVOTE
Fitzgerald A. Barnes No
Dan W. Byers Yes
Willie L. Gentry, Jr. No
Willie L. Harper Yes
Richad A. Havasy No
P.T. Spencer, Jr. No
Jack T. Wright Yes

With the votes reflecting 3-4, the motion failed to adopt a resolution setting forth the date and time of the Louisa County Board of Supervisors monthly meetings for 2008 to be held on the first and third Monday of each month at 5:00 p.m. with public hearings beginning at 7:00 p.m.

Mr. Barnes said the meeting time should be set to be made accessible for the citizens and he thought that 6:00 p.m. would be a more friendly time.
 

Mr. Wright said when he first came on the Board, the meeting time was changed to 5:30 p.m., but no more citizens showed to the meeting when it started at 5:30 p.m. than they did when it started earlier.  Mr. Wright said by starting the meeting an hour later meant that the meeting would last an hour longer and the people would be out later at night.    

Mr. Havasy said he was willing to try starting the meeting at 6:00 p.m. because he thought the Board should make every effort to make the meetings available for the citizens.  

Mr. Byers said his major concern was making sure that the Board could accommodate individuals that wanted to address the Board.  Mr. Byers said starting the meeting at 5:00 p.m. didnt bother him, but he wanted the Citizens Information Period to start later to give everyone an opportunity to speak.    

Mr. Harper said the Board has had many reasons through the years of why they have moved times around and starting the meeting 5:00 p.m. was probably to accommodate staff.  Mr. Harper said he thought the Board was going to be talking about moving the Citizens Information Period to 6:00 p.m. instead of the entire meeting.
 

Mr. Barnes stated he would like to make a motion to adopt a resolution setting forth the date and time of the Louisa County Board of Supervisors monthly meetings for 2008 to be held on the first and third Monday of each month at 6:00 p.m. with public hearings beginning at 7:00 p.m.  Mr. Spencer seconded the motion.  Mr. Harper requested a roll call vote.

PRESENTVOTE
Dan W. Byers No
Willie L. Gentry, Jr. Yes
Willie L. Harper No
Richad A. Havasy Yes
P.T. Spencer, Jr. Yes
Jack T. Wright No
Fitzgerald A. Barnes Yes

With the votes reflecting 4-3, the board voted to adopt a resolution setting forth the date and time of the Louisa County Board of Supervisors monthly meetings for 2008 to be held on the first and third Monday of each month at 6:00 p.m. with public hearings beginning at 7:00 p.m.

Amendment/Approval - Board of Supervisors Bylaws

On motion of Mr. Havasy, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution approving the bylaws for the Louisa County Board of Supervisors and reserved the option for changing them later.

Discussion - Regional Legislation Program Committee

Mr. Lintecum said during the VACo annual meeting of County representatives from the region, it was recommended that a committee be established, made up of one governing body member from each member of the regional legislative program, to provide a forum to discuss and share information on transportation-type legislations and regulations that may be coming forward from VDOT and other agencies.  Mr. Lintecum indicated that Mr. Gentry sent an email stating that he was interested in serving on this Committee.  

Mr. Gentry said he currently served on the VACo Transportation Committee as Vice Chairman and he was involved with a lot of the subject matters to begin with; therefore, he thought this would be another information source to use for that Committee.    

On motion of Mr. Spencer, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board voted to appoint Mr. Gentry to the Regional Legislative Program Committee.  

Resolution - For support of the utilization of industrial access railroad track funds

Mr. Gibson said Argonaut, a locally formed corporation that purchased ChipCo, would be building a state-of-the-art fuel pellet and horse bedding facility, as well as continue the chipping operations.  Mr. Gibson asked the Board to pass the resolution supporting their request for a rail access fund so they could utilize the BBR Rail Line to specifically send chips and pellets out by rail versus truck.

Mr. Scott Dixon, President and CEO of Argonaut BioFuels, said their use of the rail would be within the guidelines that were previously established and they didnt look to expand or change any of those covenants.  Mr. Dixon said the company actually looked to try and decrease some truck traffic through utilization of the rail.  Mr. Dixon added the company would also adhere to the operational hours that were originally placed.


Mr. Barnes said with the high price of gasoline and diesel coming, having rail access would be huge within the County because it would be a cost effective way to ship.  

Mr. Wright said he thought it was great to see this business continue under local ownership and welcomed the services.  

Mr. Byers questioned if all of the materials that were currently being transported were by vehicles.  Mr. Dixon said generally the logs were brought in by log trucks and the chips were sent out by chip vans.  Mr. Dixon said he wouldnt tell the Board that the company was looking to eliminate all of the traffic because they wanted to grow and expand their business, but they would be able to open up more markets and create jobs even sooner as a result of the expansion.
   

Mr. Gentry said he was looking forward to a very successful business.
 

Mr. Gentry said the resolution stated that the Louisa County Board of Supervisors intent was to assist the Commonwealth Transportation Board in providing the maximum financial assistance and questioned what the amount was.  Mr. Gibson said the maximum amount was $450,000.  Mr. Lintecum added it was pass through funding.

On motion of Mr. Barnes, seconded by Mr. Spencer, which carried by a vote of 7-0, the Board adopted a resolution for support of the utilization of industrial access railroad track funds.

Discussion - FY 09 Revenue Sharing Program

Mr. Lintecum said when the road improvements necessary at the school site were looked at, it was realized that there was a possibility of using State Revenue Sharing Funds to help defray some of the costs and to improve more of the road.  Mr. Lintecum said the funds had to be applied for by the end of March 2008.  Mr. Lintecum added that Jason Pauley was working with the engineer that the School had previously employed to come up with an estimate for those costs.  Mr. Gentry noted that once that was completed, they would know what the Revenue Sharing amount would be.    

COMMITTEE REPORTS

Mr. Harper requested that Board Members continue with their current assignments and by the next meeting he would like to have individual Board Members input as to what Committee they were interested in serving on and hopefully he would have recommendations ready for the Committee Appointments.  Mr. Harper said the only Committee he saw that may have an impact between now and the next meeting was the Library Advisory Board, which Mr. Purcell previously served on, but if they had a meeting, Mr. Gentry had contacts and could keep the Board advised of that.    

BOARD APPOINTMENTS

Mr. Byers stated he would like to appoint Bill Martin to the Planning Commission.  Mr. Spencer stated he would like to appoint James Stocks to the Planning Commission.  Mr. Spencer stated he would like to appoint Frank Keffer to the Clean Community Commission.  Mr. Spencer stated he would like to appoint Lee Shifflett to the Parks and Recreation Advisory Committee.

Mr. Spencer questioned if the Board could remove appointed people who didnt show up to committee meetings.  Mr. Harper said he didnt know how authorities worked, but with commissions, he assumed that anyone who was appointed could be un-appointed.  Mr. Morgan said in role of advisory committees, he believed Mr. Harper was correct, but he would provide the Board with a detailed memo next meeting as to who could and who couldnt be removed from committees.
   

        On motion of Mr. Gentry, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board appointed Mr. Martin to the Planning Commission, Mr. Stocks to the Planning Commission, Mr. Keffer to the Clean Community Commission and Mr. Shifflett to the Parks and Recreation Advisory Committee.

Mr. Gentry said Mr. Winston spent a tremendous amount of time giving services on the Planning Commission and he would like for the Board to recognize that.  Mr. Gentry added the Board could also prepare a resolution for Mr. Spencer.  Mr. Harper requested that Mr. Lintecum arrange to have a resolution drafted that would recognize Mr. Winston and any other individuals that may have served in these capacities.  

On motion of Mr. Gentry, seconded by Mr. Spencer, which carried by a vote of 7-0, the Board voted to prepare a resolution for Mr. Winston and Mr. Spencer recognizing them for their dedication to the Planning Commission.  

COUNTY ADMINISTRATORS REPORT

Mr. Lintecum said before the Board went into Closed Session, it would be appreciated if they could get together for a group picture.

Mr. Lintecum said the Office Manager and himself would be working on the goals for 2008; therefore, if any member had not submitted goals to him, but wanted to be considered, to please do so within the next couple of days.
   

Mr. Gentry said the Board talked about goals at their retreat on December 1, 2007 and he understood that the Board would follow up on those at the budget meeting on January 17, 2008 and questioned if that was still the set date.  Mr. Lintecum said as far as he knew, if it was the pleasure of the Board, they would continue this meeting to January 17, 2008.


CONSENT AGENDA ITEMS

Resolution - To take one (1) street in the Oak Knoll Subdivision into the Secondary System of Highways in Louisa County, Virginia

On motion of Mr. Byers, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution to take one (1) street in the Oak Knoll Subdivision into the Secondary System of Highways in Louisa County, Virginia.

Mr. Gentry said the letter from VDOT references their resolution in Form AM-4.3 and he thought the Countys resolution should also reference that document.  

Resolution - For a supplemental appropriation for storm damages to antenna mount at Oakland site

        On motion of Mr. Byers, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution for a supplemental appropriation for storm damages to antenna mount at Oakland site.

APPROVAL OF BILLS

Mr. Spencer said listed in the bills were charges for F&R baskets at $515.68, totes rescue baskets at $98.23 and 21 boxes of fruit at $974.58 and questioned what they were for.  Mr. Havasy said it was brought to his attention that the County hadnt ever honored EMS personnel at Christmas time acknowledging all the work they did for the County.  Mr. Havasy said Ms. Shelhorse had the responsibility of getting the fruit and he knew that she went for bid and got the lowest price possible and he thanked her for all the work she did.  Mr. Havasy added he thought that should be done every year for each fire and rescue unit because they deserved it.    

Mr. Byers said at some point, he thought the Board should look at vehicle and cell phone usage because some technology the County used should be reducing some of the need for fuel to travel.  Mr. Byers said in addition to this budget figure, he would like to see whether or not people were operating within the framework of what they had been approved to spend.  Mr. Spencer agreed.
 

        On motion of Mr. Wright, seconded by Mr. Havasy, with Mr. Barnes abstaining on bills pertaining to him, 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 $643,857.00.

APPROVAL OF MINUTES

Mr. Byers stated he needed to abstain from the minutes because he was not in attendance at the meetings.  Mr. Harper clarified that Mr. Spencer and Mr. Byers would be abstaining on both sets of the minutes due to the fact that they werent at the meetings.  

        On motion of Mr. Wright, seconded by Mr. Barnes, with Messrs Byers and Spencer abstaining, which carried by a vote of 5-0-2, the Board adopted the minutes of the December 12, 2007 meeting.

        On motion of Mr. Wright, seconded by Mr. Havasy, with Messrs Barnes, Byers and Spencer abstaining, which carried by a vote of 4-0-3, the Board adopted the minutes of the December 17, 2007 meeting.

CLOSED SESSION

On motion of Mr. Wright, seconded by Mr. Havasy, which carried by a vote of 7-0, the Board voted to enter Closed Session at 5:54 p.m. for the purpose of discussing the following:  

1.        In accordance with §2.23711 (a) (7) of the Code of Virginia, 1950 as amended, for the purpose of consultation with legal counsel.

REGULAR SESSION

On motion of Mr. Barnes, seconded by Mr. Wright, which carried by a vote of 7-0, the Board voted to return to Regular Session at 6:43 p.m.

RESOLUTION - CERTIFICATION OF CLOSED SESSION

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

WHEREAS, the Louisa County Board of Supervisors has convened a Closed Meeting this 7th day of January 2008, 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 7th day of January 2008, 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.

RECESS

On motion of Mr. Barnes, seconded by Mr. Wright, which carried by a vote of 7-0, the Board voted to recess the January 7, 2008 meeting at 6:44 p.m. until January 17, 2008 at 1:00 p.m.



BY ORDER OF


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