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February 6, 2006
5:00 P.M.



Board Present: Fitzgerald A. Barnes, Willie L. Gentry, Jr., Willie L. Harper, Allen B. Jennings, Eric F. Purcell, and Jack T. Wright
Others Present: C. Lee Lintecum, County Administrator; Ernie McLeod, Deputy County Administrator; Patrick Morgan, County Attorney; and Mary Jackson, Deputy Clerk


CALL TO ORDER

Chairman Barnes called the February 6, 2006 regular meeting of the Louisa County Board of Supervisors to order at 5:00 p.m. Mr. Harper led the invocation, followed by the Pledge of Allegiance to the flag.

CONSTITUTIONAL OFFICERS

There were no Constitutional Officers that wished to address the Board.

CITIZENS INFORMATION PERIOD

Harry Jackson, Patrick Henry District, informed the Board that he was here this evening to tell them how the Trevilian Station Battlefield Foundation (TSBF) and the Department of Game and Inland Fisheries (DGIF) has misled them. Mr. Jackson said that he has been told several times by the TSBF representatives that the reason they did not go with a park was because the park people did not have the funds. Mr. Jackson said that in December, he went to Richmond, Virginia and spoke with Mr. Dowling of the Department of Conservation and Recreation (DCR). Mr. Jackson said that he had asked him why they did not have the funding, but DGIF did. He said that Mr. Dowling told him that it was due to budget reasons and explained their budget process. Mr. Jackson said that the DCR and DGIF fall under the same department and share the same overall budget. Mr. Jackson said that Mr. Dowling told him that they have an operational budget and a capital improvements budget and how the funds are disbursed once approved. Mr. Jackson said that neither DCR nor DGIF have the money to put a park in. Mr. Jackson said that Mr. Dowling had informed him that the representatives from TSBF walked away from them and went to DGIF. Mr. Jackson pointed out that TSBF misled them by telling them that DCR did not have the funds available and neither did DGIF. Mr. Jackson said that DGIF are not park people, but game people and would not build or maintain a park. Mr. Jackson stated that TSBF had informed them that it would take 2,000 acres to build a park, which Mr. Dowling informed him that they would only require 600 acres to build a park. In closing, Mr. Jackson said that TSBF continues to mislead them.        

ADOPTION OF THE AGENDA

Chairman Barnes said that he would like to add potential litigation in the Mineral District, the County Administrators evaluation, and the Green Springs District Board vacancy as topics for discussion during closed session.

Lee Lintecum, County Administrator, said that he would like to add consultation with legal counsel for litigation in the Green Springs District as a topic for discussion during closed session.

        On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 6-0, the February 6, 2006 agenda was adopted as amended.

PRESENTATION

Employee Introduction

Darren Coffey, Community Development Director, introduced Will Cockrell to the Board as the new Senior Planner. Mr. Coffey said that Mr. Cockrell comes to them with very strong meeting facilitation skills as well as GIS skills that will compliment the existing staffs skills very nicely.  

Resolution of Appreciation for Donald Hackler, District Environmental Health Manager

Chairman Barnes read the resolution for all to hear and presented Mr. Hackler with a plaque. Chairman Barnes said that he would like to turn the gavel over to Vice-Chairman Gentry to allow him to make the motion for the resolution recognizing Donald Hackler, District Environmental Health Manager, for all of his hard work and dedication to the County.

On motion of Mr. Barnes, seconded by Mr. Wright, which carried by a vote of 6-0, a resolution was adopted recognizing Donald Hackler for his dedication, knowledge, and service to the citizens of Louisa County and to wish him well on his retirement and future endeavors.

Vice-Chairman Gentry turned the gavel back to Chairman Barnes. The Board extended their appreciation to Mr. Hackler for his many years of service and told him that he would be missed.

VDOT Updates Milton Thacker, Resident Administrator

Milton Thacker, Resident Administrator, summarized VDOTs current maintenance activities to the Board saying that as a result of having a mild January they have had less snow removal and have been addressing windy situations by cutting trees and removing debris away from the roadways, perform minor surface repairs, and they are wrapping up their campaign to daylight roadways signs that they began last fall. Mr. Thacker identified VDOTs construction activities saying that they have begun relocating their inspection staff to the Zion Crossroads facility, began work on Route 718 (Profitts Road) and anticipate an early completion, and met with Mr. Harry Carter to discuss the relocation project of the intersection of Route 640 and 649, which they are in the process of making field visits to determine the proposed alignment. Mr. Thacker said that they were fortunate in being able to have an additional staff technician and are advertising for a Residency Program Manager position. Mr. Thacker identified VDOTs general issues saying that the speed reduction request from Dr. Morgan on Route 22 from Route 15 to the Albemarle County line was completed and based on their review, they recommended that no speed reduction through this area be imposed.  Mr. Thacker said that the request for the speed reduction on Route 630 (Harris Creek Road) has been completed and portions of this route will be posted and reduced to 35 mph along with additional signs reflecting a winding road. Mr. Thacker said that the speed reduction request on Route 208 from Route 630 (Harris Creek Road) to the Louisa Town limits resulted only in upgrading a reduced speed ahead sign, which he has requested an additional review for this location since he doesnt feel that this fully addressed the request. Mr. Thacker informed the Board that he has forwarded a copy of the resolution from the Town of Louisa requesting a bypass to the appropriate staff at their Culpeper District office.

The Board discussed this topic briefly with Mr. Gentry saying that he still intends on meeting with them regarding Route 640/649, but he has not been able to get a meeting scheduled with the School Engineer yet. Mr. Gentry said that he would contact Mr. Thacker once he is able to schedule the meeting. Mr. Purcell said that he has had several constituents asking him about the article in The Central Virginian about the Town Council recommending the bypass around the Town and asked Mr. Thacker to explain how their process works. Mr. Harper said that there has been a lot of discussion both on the part of the government and the General Assembly that when localities start to consider land use issues, they also play into that the transportation issue. Mr. Harper asked Mr. Thacker if he foresees this changing anything from the current process. Chairman Barnes said that he knows that Captain Meade Road is currently in the process of being done, but the size of rocks that VDOT has put down so far are extremely large and he has received several calls from constituents regarding this. Chairman Barnes said that by the intersection of Belle Crossroads and Route 208, there is a barn in the field there and whatever is being done at the intersection is making this individuals hay saturated and asked Mr. Thacker to look at what could be done to correct this situation.

Mr. Thacker replied that the process could be rather lengthy. Mr. Thacker said that there are opportunities annually for representatives of communities and local governments to come to VDOT in the fall to campaign projects that they would like to see included in the primary or interstate plan and budget. Mr. Thacker explained to the Board that once this has been done and the particular project becomes part of the plan, there is then a series of preliminary engineering activities that have to done, public hearings, design hearings that are open to the public, other discussions, advertisements, and bids. Mr. Thacker said that the entire process for this could take anywhere from seven to eight years. Mr. Thacker said that he would foresee these changes to provide more opportunities for localities to take on projects themselves or to participate more with VDOT assistance. Mr. Thacker said that he believes this is a way that they are trying to obtain a better relationship between VDOT and the localities. Mr. Thacker said that he believes that there are a lot of opportunities between the General Assembly and the current administration to give more opportunities for land development, economic development, and funding projects that are much needed. Mr. Gentry said that in response to Mr. Purcells questions, he believes that the Louisa County Board of Supervisors asked for the Louisa Bypass as early as 1985. Mr. Gentry said that the Bypass is on their current list and they might need to prioritize it higher up on the list. Mr. Gentry pointed out that they are not only having problems with people getting through Louisa, but with people getting through Mineral and between Mineral and Louisa. Mr. Gentry said that these items would need to be moved up on the priority list. Mr. Gentry said that they all have to recognize that before they get a primary project done, you have to have tremendous support from your Delegate and Senator, or it will just not get done. Mr. Thacker explained to the Board that on Captain Meade Road they are putting a mixture of #5s and crushed run due to the soft spots that are in the area, which will be absorbed in the soft spots and allow them to stabilize the roadway and helps to cut down on the costs. Mr. Thacker said that he would look into the issue at the intersection of Belle Crossroads and Route 208.    
 

NEW BUSINESS

Discussion - Change Order for Godsey and Tunnel Operations

Bar Delk, Louisa County Water Authority Director, referred the Board to the letter that he submitted for their Board packet. Mr. Delk said that one of the contracts that they have for the Zion Crossroads area is to put two 24 casing pipes under I-64 from the fence line to fence line. Mr. Delk said that in order for them to put the sewer line through, it had to be on grade. He said that they were able to get a 4 rod through this area that was laser guided on grade, but when they attempted to put the 24 casing in there, they were only able to go 260 out of the 440. Mr. Delk said that due to this, they have to go back and tunnel this area. Mr. Delk said that they have been working with VDOT and the contractors to get what was necessary for the final changes. Mr. Delk explained the process on how they are going to correct the situation and said that the net difference for the change order equates to $103,000.

The Board discussed this topic in great detail with Mr. Wright asking if this problem was something that would have normally been identified by an Engineer during the initial contract process. Mr. Wright asked if he felt that this would be the only problem blocking them from this line. Mr. Jennings stated that the Water Authority Board agreed to go forth with this project and approved it. Chairman Barnes asked when he anticipated having this in place to provide the water at this end of the County.

Mr. Delk responded by saying that they did geological borings on both sides of the interstate. Mr. Delk said that they had looked at doing geological borings in between the lanes on the interstate, which would have cost them $35,000 because VDOT was requiring them to shut the traffic lanes down for them to even unload the equipment. Mr. Delk said that the boring is done with an auger in front of the casing to push it through. Mr. Delk said that they were able to push the first rod through then they hit a hard place. Mr. Delk explained that once they put a 60 tunnel in there and weld the 24 casing in there, they will push through the hard spot with a rock head. Mr. Delk said that it doesnt matter what the grade is for the water lines, but the sewer lines had to be on grade. Mr. Delk said that they have estimated this operation would take eighteen days for the digging and should be able to connect to the main system within thirty days after that has been completed, but a main line still has to be connected to the system at Spring Creek. Mr. Delk said that if the weather were permitting he would estimate the project to be complete within sixty to ninety days.      

On motion of Mr. Jennings, seconded by Mr. Wright, which carried by a vote of 6-0, a resolution was adopted approving a change order for Godsey & Son, Inc. and tunnel operations for the Water Authority contract in the amount not to exceed $103,000.00 for the Zion Crossroads Water System and Sanitary Sewer System Improvements I-64 Crossing.

Resolution of Appreciation for Dr. David B. Morgan, Green Springs District Board of Supervisors Representative

On motion of Mr. Purcell, seconded by Mr. Wright, which carried by a vote of 6-0, a resolution was adopted recognizing Dr. David B. Morgan for his dedication, knowledge, and service to the citizens of Louisa County.

Resolution - Appropriating Federal and State Funding to the Louisa County School Board

Halsey Green, School Finance Director, informed the Board that they recently found out that they would be receiving additional state and federal funds that they were not aware of when they put together their proposed budget for last year. Mr. Green said that these monies can only be spent on specific projects and are not usable for general funds. Mr. Green said that the amount that they are asking them to appropriate is $265,713 to supplement their current budget and would be spent on instructional line funds.

The Board discussed this topic with Mr. Wright pointing out the corrections that would need to be corrected on the resolution and asked why the resolution from the School Board did not reflect any of the votes. Mr. Wright said that he believes that they should have a modified resolution from the School Board reflecting the actual votes. Mr. Gentry said that these funds show up from the state and federal government for programs that are already in place; therefore, the costs have already been figured out for the whole year. Mr. Gentry said that he doesnt understand how they can operate this way because they would have to know that they are going to receive the additional funding when they are putting together their proposed budget or they wouldnt set the program up to begin with. Mr. Gentry said that he believes that they have to have something in place to account for this in their budget since its not like the money just shows up and they are hiring additional teachers. Mr. Gentry stated that he finds this to be poor planning on their behalf. Mr. Purcell said that knowing that they have a big capital project coming up that involves the school system and based on the past where they could reasonably assume that they were going to receive in excess of a couple hundred thousand dollars from the state and federal government, he asked if it would be legal to take these funds and put them towards any purpose the School Board wishes or does the funds have to be earmarked for certain categories within the School Boards budget. Mr. Harper asked if these funds were account specific.

Mr. Green replied that School Board approved the resolution with a unanimous vote of 7-0. Mr. Green said that these funds would increase expenditures and for the title one, they would do additional programs in the Title One Schools. Mr. Green said that the school improvement money is funds that they were unaware that they were going to receive, but they would do additional programs to expend the money meeting the federal guidelines that are attached to it. Mr. Green stated that they would be expanding the level of service from what it would normally be. Mr. Green pointed out that they have had to hire additional teachers due to growth and special education, which this helps cover and prevents them from having to make cuts in other areas to cover these expenditures. Mr. Green explained to the Board that the programs are determined by the type of grant they are receiving the funds for and most of it has been for additional help in the classrooms for operational expenses. Mr. Green said that there is very little money for capital projects in these types of grants. Mr. green said that since these funds are grant specific, it does identify what qualifies for the funds.

On motion of Mr. Gentry, seconded by Mr. Wright, which carried by a vote of 6-0, a resolution was adopted appropriating federal and state funding to the Louisa County School Board in the amount of $265,713.00.

Discussion - Affordable Housing Housing Trust

Mr. Coffey reminded the Board that they had discussed this topic during their Retreat and had asked for some follow up information. Mr. Coffey referred to the memo in their Board packet saying that it summarizes the information that the Affordable Housing Committee wanted passed on to the Board. Mr. Coffey said that this memo talks about recommendation of implementing density bonuses, using accessory apartments for the provision of low-moderate income housing, and how other localities propose to fund trust funds. In closing, Mr. Coffey said that he would be willing to answer any questions that the Board might have regarding the specifics.

The Board discussed this topic in great detail with Mr. Wright saying that he likes the concept and he believes that this is a step in the right direction in what they are trying to do. Mr. Wright asked how they would prevent this program from becoming rental units. Mr. Purcell said that under shared drain fields, it reflects either public centralized sewer or publicly managed O&M program for shared systems are a necessity for the provision of any significant development of two-family or multi-family housing and asked if this meant that someone having a shared drain field between two properties is not encouraged. Chairman Barnes said that he does not want this to be a committee report that is forgotten about. Chairman Barnes said that a lot of older individuals that own homes are extremely concerned about their children being able to own a home in Louisa. Chairman Barnes said that they might want to look at how neighboring counties are using trust funds and developing and proffering land that could be donated to the Housing Foundation or a non-profit organization such as this to build affordable housing. Chairman Barnes said that he would rather see the density bonuses in their designated growth areas and not in A-2 zoned areas. Mr. Purcell said that if they are serious about affordable housing and they take what the committee says, then it seems to him that water and sewer infrastructure is paramount for what they are trying to do. Mr. Purcell said that he would like to have Mr. Lintecum send a copy of this committee report and send it to their elected representatives expressing the need for water resources in getting help from Richmond. Mr. Wright said that he would like to have the committee look at the idea to see if this is something that could be phased in over a short period of time and set a priority on how they would set up the phasing sections. Chairman Barnes reiterated and emphasized the importance of following through with this and not letting it be forgotten.

Mr. Coffey replied that they could put strings on what is affordable in terms of covenants or deed restrictions. Mr. Coffey said that the market is typically what dictates this. Mr. Coffey said that one of the concerns that the committee had was that most of their recommendations was targeting home ownership, which is an important component of this. Mr. Coffey said that there are not a lot of marketing incentives for this type of housing to stay rental and would typically only remain affordable for whatever length the deed restriction is. Mr. Coffey said that when the Board mentioned accessory apartments during their retreat, he reviewed the current definition and found that it was limited to family members or care givers; therefore, in this memorandum, he has proposed that they delete the existing definition and add a new definition that would open it up to allow anyone who has an accessory apartment to rent it out to a family or up to three persons, which would allow individuals that are low to moderate income or living on a fixed income to have an extra accessory apartment to help supplement their income. Mr. Coffey pointed out that this would provide a housing unit for someone at a reasonable cost. Mr. Coffey confirmed that after speaking with Don Hackler they would not recommend having a shared drain field.    

COMMITTEE REPORTS

Mr. Jennings said that the Lake Anna Advisory Committee, which is a tri-county committee, met two weeks ago where they discussed the channel markers to have in the lake area, especially along the North Anna River from the dam to Orange County. Mr. Jennings said that they are proposing that each county be assessed in the amount of $600.00, which he is going to request during the upcoming budget to allow them to begin putting the channel markers in place. Mr. Jennings pointed out that the channel markers are for navigational safety. Mr. Jennings said that another item they discussed at their meeting was having a location with free public access to the lake. Mr. Jennings said that they currently have a free fishing area open to the public located by Dike 3. Mr. Jennings said that all three localities agreed to go back to their localities to try to seek public parkland.

Mr. Jennings said that he recently attended the Rappahannock Juvenile Detention Center meeting as an alternate since Mr. Stuart Cooke was unable to attend. Mr. Jennings said that this particular meeting was pertaining to budgetary reasons, which they did approve the budget of about $6,000,000.

Mr. Wright said that the Relay for Life is an important event in Louisa County. Mr. Wright said that both he and Mr. Gentry are both involved with the Volunteers of Louisa who are supporting this event whole-heartedly. Mr. Wright said that this would be the third year Louisa County has held this event with the first year raising around $32,000 and last year they received state and national recognition for jumping to $69,000. Mr. Wright stated that their goal this year is to raise $75,000 and he would like to challenge the Board to form a team to go into the Relay for Life and sponsor it.

Mr. Gentry said that at their last meeting, they had discussed the inoperable vehicle ordinance quite a bit where they put the challenge to the Clean Community Commission (CCC) to meet with some of the citizens that attended the public hearing to gather further input. Mr. Gentry said that they held their first meeting on February 2, 2006 that consisted of three members of the CCC and seven members from the County, which represented each district very well. Mr. Gentry said that they took the proposed ordinance and reviewed it line by line. Mr. Gentry said that their next meeting is scheduled for March 2, 2006 where they will invite
Pat Morgan, County Attorney, to review the legal technical aspects. Mr. Gentry said that he is pleased with the attitude of the committee and he hopes to have the issues addressed within the ninety days that the Board requested for them to make final determination.

BOARD APPOINTMENTS

Chairman Barnes said that he would like to reappoint Ella McGhee to the Jefferson Area Board on Aging Advisory Commission.

Mr. Wright said that Sarah Winston is currently representing the RSVP, which he believes has been folded in Louisa County, and is a valuable member. Mr. Wright said that she is a member of the VOL that does not have a representative on it and at their last meeting they nominated her to be a part of the Commission on Aging to represent the VOL on this. Mr. Wright said that he doesnt believe that this takes any action from the Board since it is not a Board Appointment.

        On motion of Mr. Purcell, seconded by Mr. Gentry, which carried by a vote of 6-0, the Board reappointed Ella McGhee to the Jefferson Area Board on Ageing Advisory Commission.

COUNTY ADMINISTRATOR REPORT

Mr. Lintecum presented his report highlighting the following items:

Mr. Lintecum informed the Board that he has enclosed a memo from Mike Schlemmer regarding a program that he would like to implement.

Mike Schlemmer, Emergency Services Coordinator, informed the Board that throughout the Commonwealth of Virginia and the nation as a whole, they are experiencing shortages of Advanced Life Support personnel. Mr. Schlemmer said that this shortage continues to grow and because of this, they have been looking at what other localities are doing. Mr. Schlemmer said that various EMS organizations are looking at what they can do to ease this shortage. Mr. Schlemmer stated that there are a lot of Firefighter/EMT Bs, which are individuals that have gone through the first steps of training and several localities, have begun to hire these individuals and within a certain time frame they are provided training for the ALS program. Mr. Schlemmer said that he would like to try this on an experimental basis to see what it could do for them. Mr. Schlemmer said that they currently have two positions open and will be having two more come open by next month. He said that this might be a way to help complement this. Mr. Schlemmer explained that the selected individual would start as a Firefighter/EMT B and assigned a shift to work. These individuals have the basic life support training, which is 80% of the calls and if something were to happen, they would have the ALS Provider there with them. Mr. Schlemmer said that the selected individual would be sent to school and given time off at the Countys expense. He said that upon graduation of becoming an ALS Provider they would agree to work for a two-year period for the County to reimburse them for the training they would receive. Mr. Schlemmer stated that if they were to leave prior to the two-year period, they would be responsible for reimbursing the County of the costs. Mr. Schlemmer said that he believes if they were to implement this program it would be a success and would probably make long-term County employees.

The Board discussed this topic with Mr. Gentry asking why the County is losing this staff and has such a high turn over rate. Mr. Gentry said that they have received a lot of calls saying that their assessments are too high and one of the primary issues brought up for this is the service that they receive for their monies. Mr. Gentry said that there are three main services that people expect for their tax dollars, which are fire, rescue, and safety from the Sheriffs Department. Mr. Gentry said that if they keep any more money from their citizens, then they are going to have to look at considering more pay to keep the program running. Mr. Wright asked if they should assume that this program would be used to replace all four positions that are coming up. Chairman Barnes said that when people dial 911; they expect to see someone show up. Chairman Barnes said that he sees this approach as a band-aid. Chairman Barnes said that he would like to have
Sherry Vena, Human Resources Director, come before the Board to discuss exit interviews with them to determine what the real problem is. Mr. Harper said that he would like to see comparisons of localities that are similar to Louisa and not of those that are larger.  

Mr. Schlemmer replied that there are a lot of underlying issues, but primarily he feels that it is due to salaries. Mr. Schlemmer said that this hurts them, but they are compensating with the staff that is currently working now. Mr. Schlemmer said that if this were approved then they would have this person that would be coming on board and they are in the process of making an offer to another applicant, which would fill two of the positions until the other two staff members left. Mr. Schlemmer said that this would be one part of replacing these positions, but they do need ALS Providers. Mr. Schlemmer said that he would like to have a trial period with one employee to see how the program would work.

Upon further discussion, it was the consensus of the Board to have Mrs. Vena and Mr. Schlemmer review the exit interviews and report back to the Board at their next scheduled meeting.

Mr. Lintecum informed the Board that he has enclosed a copy of Mr. Coffeys report to the Board reflecting the activities of the Community Development Department.

Mr. Lintecum informed the Board that he has enclosed a memo from
Bob Hardy, Information Technology Director, proving an update on how they are trying to replace an antiquated phone system without costing the County any additional funds.  

Mr. Harper pointed out that if they replace the phone system, they also have to provide adequate training for the staff on how to use it along with other techniques. Mr. Wright said that he wants to ensure that the 556 number to the County is not eliminated for the residents to call from his District.  

CONSENT AGENDA

On motion of Mr. Purcell, seconded by Mr. Wright, which carried by a vote of 6-0, the Board agreed to adopt the Consent Agenda for the three scheduled public hearings that will be held on March 6, 2006 and the following four resolutions.

Resolution - To Award the Contract for Printing and Delivery of the Leisure Times Brochure

On motion of Mr. Purcell, seconded by Mr. Wright, which carried by a vote of 6-0, a resolution was adopted to award the contract for IFB PR-06-01 for the printing and delivery of the Leisure Times to North Star Press in the amount of $4,189.50 per issue per the specifications and conditions.

Resolution - Recognizing Mrs. Daisy L. Jackson and Mrs. Lucy Yancey as One of the Oldest African American Citizens of Louisa County

On motion of Mr. Purcell, seconded by Mr. Wright, which carried by a vote of 6-0, a resolution was adopted recognizing Mrs. Daisy L. Jackson, who was born on February 24, 1916, as one of the oldest African American Residents in Louisa County.

Resolution - Recognizing Mrs. Lucy Yancey as One of the Oldest African American Citizens of Louisa County

On motion of Mr. Purcell, seconded by Mr. Wright, which carried by a vote of 6-0, a resolution was adopted recognizing Mrs. Lucy Yancey, who was born on October 11, 1911, as one of the oldest African American Residents in Louisa County.

Resolution - To Contract with the CPA Firm of Robinson, Farmer, Cox Associates for Audit Services for the Fiscal Years of 20005 - 2007

On motion of Mr. Purcell, seconded by Mr. Wright, which carried by a vote of 6-0, a resolution was adopted to contract with the CPA firm Robinson, Farmer, Cox Associates for audit services for the Fiscal Years 2005 2007 in an amount not to exceed $33,500 for FY 2006 and $34,250.00 for FY 2007 for audit services.

CORRESPONDENCE

Mr. Gentry referred to the letter from Gordon Walker, JABA Chief Executive, that was dated January 18, 2006 where he wrote to Senator Ed Houck and points out that Delegate Landes is proposing a budget amendment to allow that amount of assisted living to be $1,200 per month rather than the current $982. Mr. Gentry said that he understands that this is what is needed to continue this program. Mr. Gentry said that he has brought this up because he would like to have their support by having something sent to Senator Houck and Delegate Janis because he is in the process through a committee to establish assisted living in this County that would benefit Louisa, Goochland, and Fluvanna.

        On motion of Mr. Gentry, seconded by Mr. Jennings, which carried by a vote of 6-0, the Board agreed to have the County Administrator send a letter to Senator Houck and Delegate Janis reflecting their position on supporting this amendment.

Mr. Gentry referred to the letter that was submitted to both Senator Houck and Delegate Janis concerning the citizens on Lake Anna pertaining to the Dominion concern. Mr. Gentry said that four Board members recently attended a meeting with Dominion on January 6, 2006. Mr. Gentry said that during this meeting, Dominion had an exceptional presentation that brought them up to date on the third and fourth units, where they decided to put in around $200,000,000 to resolve the concerns of the third and fourth reactors. Mr. Gentry said that there was also a general discussion concerning the conditions of the existing water pertaining to the temperatures that could be deemed fatal due to an amoeba that lives in the silt of high temperature waters. Mr. Gentry said that he has talked with Dominion and other citizens concerning these issues. Mr. Gentry said that Dominion is going to meet with the Health Department on February 16, 2006 to address these concerns, which might include Senator Houck. Mr. Gentry said that he is concerned on whether there is a safety problem and he would like to have the Health Department determine if there is a problem with the lake pertaining to an amoeba that lives in the silt.  Mr. Gentry said that he would like to have someone from the Board attend the meeting with Dominion and the Health Department if possible.

Mr. Jennings referred to the letter where they have been corresponding with the Department of Game and Inland Fisheries (DGIF) regarding the recent problem by Dike 3 with the litter. Mr. Jennings said that he had corresponded with the Captain of DGIF based out of Fredericksburg and as a result, the area has been cleaned up and is being monitored.

Mr. Wright referred to the letter from DEQ regarding the application for permit to allow the wastewater treatment plant by State Route 22/U. S. 33; it reflects that this would appear in the Loudoun Times Mirror. Mr. Wright said that he would like someone to contact them to notify them that Louisa County has the Lake Anna Oberserver and The Central Virginian as their local papers and that we do not receive the Loudoun Times Mirror.

CLOSED SESSION


On motion of Mr. Wright, seconded by Mr. Jennings, which carried by a vote of 6-0, the Board voted to enter Closed Session at 6:27 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 for discussion of potential litigation in the Mineral District.

2.        In accordance with 2.23711 (a) (1) of the
Code of Virginia, 1950 as amended, for the purpose of discussing the County Administrators evaluation.

3.        In accordance with 2.23711 (a) (7) of the
Code of Virginia, 1950 as amended, for the purpose of consultation with legal counsel for the Zion Crossroads area.

4.        In accordance with 2.23711 (a) (1) of the
Code of Virginia, 1950 as amended, for the purpose of discussing the Board vacancy in the Green Springs District.  

REGULAR SESSION

On motion of Mr. Jennings, seconded by Mr. Gentry, which carried by a vote of 6-0, the Board voted to return to Regular Session at 6:58 p.m.

RESOLUTION - CERTIFICATION OF CLOSED SESSION

On motion of Mr. Purcell, seconded by Mr. Gentry, which carried by a vote of 6-0, the Board voted to adopt the following resolution:

WHEREAS, the Louisa County Board of Supervisors has convened a Closed Meeting this the 6th day of February 2006, 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 the 6th day of February 2006, 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.

LEGAL CORRESPONDENCE

On motion of Mr. Gentry, seconded by Mr. Wright, which carried by a vote of 6-0, a resolution was adopted to file a petition for a special election for the Board of Supervisors of Green Springs District to be held on Tuesday, November 7, 2006 to fill the unexpired term of Dr. David B. Morgan.

PUBLIC HEARINGS

To Consider Amending the Louisa County Code Section 14.41, Dogs Running At-Large in Certain Subdivisions to Add Oak Grove Estates

Mr. Morgan informed the Board he received a request from the Property Owners Association Oak Grove Estates requesting that they be added to the Louisa County Code, Section 14.41, Dogs Running at large. Mr. Morgan said that he is confident that they have satisfied the proper procedures to be included with the leash law. Mr. Morgan said that he would recommend that their request be approved.

Chairman Barnes opened the public hearing at 8:03 p.m.

Jamie Daniels, Sr., Cuckoo District, urged the Board to consider making this a permanent law throughout the County rather than just certain subdivisions due to problems he has experienced.

Chairman Barnes closed the public hearing at 8:05 p.m. and brought it back to the Board for further discussion.

The Board briefly discussed this topic with Mr. Wright pointing out that the County had attempted to implement this ordinance Countywide several years ago and they almost got hung. Mr. Wright said that this has been by subdivision only for the past nine years and this is how they have addressed it.  

        On the motion of Mr. Harper, seconded by Mr. Wright, which carried by a vote of 6-0, a resolution was adopted to amend the Louisa County Code, Section 14.41, Dogs Running at Large in Certain Subdivisions; Penalty for Violation, to add Oak Grove Estates Subdivision.

APPROVAL OF BILLS

On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 5-0-1, with Mr. Harper abstaining, a resolution was adopted approving the bills for the second half of January 2006 for the County of Louisa in the amount of $597,599.48.

APPROVAL OF MINUTES

        On motion of Mr. Gentry, seconded by Mr. Purcell, which carried by a vote of 6-0, the Board adopted the minutes of January 17, 2006 as amended.

Board of Equalization

Ernie McLeod, Deputy County Administrator, informed the Board that he would like them to discuss the Board of Equalization so it can go before the Judge to have one or two individuals appointed to it. Mr. Lintecum pointed out that this is an order by the Judge and not an appointment by the Board.

        On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 6-0, the Board agreed to have the County Attorney submit the order to the Judge reflecting the three nominations that were previously made for him to make the final decision.

CLOSED SESSION

On motion of Mr. Gentry, seconded by Mr. Purcell, which carried by a vote of 6-0, the Board voted to enter Closed Session at 7:09 p.m. for the purpose of discussing the following:

1.        In accordance with 2.23711 (a) (1) of the Code of Virginia, 1950 as amended, for the purpose of discussing the County Administrators evaluation.

2.        In accordance with 2.23711 (a) (1) of the
Code of Virginia, 1950 as amended, for the purpose of discussing the Board vacancy in the Green Springs District.  

REGULAR SESSION

On motion of Mr. Jennings, seconded by Mr. Gentry, which carried by a vote of 6-0, the Board voted to return to Regular Session at 8:04 p.m.

RESOLUTION - CERTIFICATION OF CLOSED SESSION

On motion of Mr. Gentry, seconded by Mr. Jennings, which carried by a vote of 6-0, the Board voted to adopt the following resolution:

WHEREAS, the Louisa County Board of Supervisors has convened a Closed Meeting this the 6th day of February 2006, 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 the 6th day of February 2006, 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.

Green Springs District Representative

By the motion of Mr. Wright, seconded by Mr. Harper, which carried by a vote of 4-2, a resolution was adopted appointing Richard A. Havasy as the Green Springs District Representative of the Louisa County Board of Supervisors until such time that an election could be held in November 2006.

ADJOURNMENT

On motion of Mr. Purcell, seconded by Mr. Wright, which carried by a vote of 6-0, the Board voted to adjourn the February 6, 2006 regular meeting at 8:08 p.m.


BY ORDER OF

FITZGERALD A. BARNES, CHAIRMAN
LOUISA COUNTY BOARD OF SUPERVISORS
LOUISA COUNTY, LOUISA, VIRGINIA