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FEBRUARY 17, 2009
5:00 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, 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; April Lowe, Revenue Recovery Administrator and Brittany Shupe, Records Clerk

CALL TO ORDER

Chairman Harper called the February 17, 2009 regular meeting of the Louisa County Board of Supervisors to order at 5:00 p.m.  Mr. Havasy led the invocation, followed by the Pledge of Allegiance.

CONSTITUTIONAL OFFICERS

Major Donnie Lowe stated this was the time of the year when the Sheriffs Office started making adjustments to their budgets.  Major Lowe said it looked like they would be coming in under the wire.  Major Lowe said they would be short on some lines and over on others.  Major Lowe said he would like Mr. Mullen and Mr. McLeod to be able to move monies around within the four combined budgets.  

Mr. Mullen said he had been given the authority to transfer up to $20,000 at one time.  Mr. Mullen said these would exceed that amount.  Mr. Mullen said he would ask the Board for the liberty to move money within those budgets in excess of $20,000 and still rem
aining in the bottom line of the four budgets.  

Mr. Byers said he appreciated Major Lowe coming before the Board with an option to help them stay within their budget.

On motion Mr. Byers, seconded by Mr. Barnes which carried by a vote of 7-0, the Board voted to give the County Administrator the authority to move funds exceeding $20,000 within the four budgets of the Sheriffs Office for FY 09.

Mr. Harper asked for the Board to be informed of the movements within the budget.

Mr. Tom Garrett, Louisa County Commonwealth Attorney stated previously he came before the Board and discussed changing the Louisa Code on DUIs to the Commonwealth of Virginia
s Code.  Mr. Garrett gave the Board a flow chart of how DUIs would be charged and went over the flow chart in detail.  Mr. Garrett stated what he was trying to avoid was charging DUIs under County Code which cost the County money.  Mr. Garrett said if the blood alcohol level was above .15 it would be procedure of the State Police or Deputy to charge the offensive under State Code because the person would be headed to jail and doing it that way the county would not have to pay.  Mr. Garrett  said there were about four to six DUIs a week and the fine was at least $250.  Mr. Garrett said he could not think of any reason not to take on the State Code.

ADOPTION OF THE AGENDA

Mr. Harper stated he would like to add a resolution for supplemental appropriation to the Sheriffs Office for the Rescue Squad Assistance Fund Grant.  Mr. Harper stated he would like to add a resolution recognizing Catherine A Hiter for her years of service to the County of Louisa.
Mr. Harper stated he would like to add the January 15, 2009 Budget Workshop minutes for approval.  Mr. Harper said he would like to add two items under Close Sessions.  Mr. Barnes said he would like add discussion on the audit.

        On motion of Mr. Wright, seconded by Mr. Barnes, which carried by a vote of 7-0, the February 17, 2009 agenda was adopted as amended.

PRESENTATIONS

Presentation A Resolution Recognizing Charles Hoffman for Receiving a $61,000 Grant from Samsung for Technology

Mr. Mullen read the resolution.  The Board presented the resolution.

Presentation A Resolution Recognizing Caleb Snyder for his Participation in the National Young Scholars Program and the Inauguration of President Barack Obama

Mr. Mullen read the resolution.  The Board presented the resolution.

Presentation A Resolution Recognizing Hannah Ward for her Participation in the National Young Scholars Program and the Inauguration of President Barack Obama

Mr. Mullen read the resolution.  The Board presented the resolution.

Presentation A Resolution Recognizing Dillon Hollins for his Participation in the National Young Leadership Council and the Inauguration of President Barack Obama

Mr. Mullen read the resolution.  The Board presented the resolution.

Presentation A Resolution Recognizing Alexandra “Madison” Stanley for her Participation in the National Young Leadership Council and the Inauguration of President         Barack Obama

Mr. Mullen read the resolution.  The Board presented the resolution.


Presentation A Resolution Recognizing Dallas Ventre for her Participation in the National Young Leadership Council and the Inauguration of President Barack Obama

Mr. Mullen read the resolution.  The Board presented the resolution.

Presentation A Resolution Recognizing Roger “Skip” Harper, Senior Plans Examiner, for Meeting the Requirements for a Master Code Professional Certification

Mr. Mullen read the resolution.  The Board presented the resolution.

Presentation A Resolution Recognizing Casey Littlefield, Building Inspector, for Meeting the Requirements for a Master Code Professional Certification

Mr. Mullen read the resolution.  The Board presented the resolution.

Presentation A Resolution Recognizing Caleb Sulzen, Building Inspector, for Meeting the Requirements for a Master Code Professional Certification

Mr. Mullen read the resolution.  The Board presented the resolution.

Mr. Byers said he would like
to recognize Mr. Gentry.  Mr. Byers said Mr. Gentry had worked really diligently on getting the funding  and making sure the county received the proper funding where roads were concerned.  Mr. Byers said he would like to thank Mr. Gentry for his diligence.

OLD BUSINESS

Update Louisa/Goochland border

Mr. Mullen stated he met on February 11, 2009 with Mr. Andrew McRoberts, Goochland County Attorney.  Mr. Mullen said they both agreed that there would need to be survey work done to proceed with the project.  Mr. Mullen stated they would like to jointly ask for bids to proceed with the project.  Mr. Mullen said Mr. McRoberts was going back to his Board with the same information. Mr. Mullen said he would be seeking input from Surveyors who have worked on the projects throughout the years to get their ideas.

Mr. Harper said it was his understanding that there were only nine pieces of properties that were under contention.

Mr. Wright said it was a 20 mile line and there were12 parcels.  Mr. Wright said there were eight going from Louisa to Goochland and four going from Goochland to Louisa.  Mr. Wright said the survey would have to be a joint effort in order for it to work.

Mr. Mullen said there was a provision in the code that concerned him and that was that a survey was required before approval by the court.  Mr. Mullen said that would be the expensive part of the project.  Mr. Mullen said he wanted to be very careful not to bargain away something that shouldnt be.

Mr. Wright said they wanted to disturb as few citizens as possible.

Mr. Mullen said the court would most likely abide by the agreement that the two counties had reached.  Mr. Mullen said eventually it would get to the point where a survey was required.

Mr. Gentry said he would like to see the historical boundary lines and there was a map from the 1700s that showed the line.  Mr. Gentry said he would like to see the line established and move forward from there.  

Mr. Wright said the initial bid to survey was $500,000.

Mr. Gentry said he wasnt talking about a ground survey, he was talking about GIS.

Mr. Harper said he agreed, with todays technology and with the goal of least disruptions, the GIS would be best.

Mr. Spencer said with the GIS system it shouldnt be problem.  

Mr. Gentry made a motion to go out to bid for a Surveyor.  Mr. Barnes seconded the motion.

Mr. Harper requested a roll call vote on Mr. Gentrys motion.

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

With the vote reflecting 4-3 the motion passed to go out to bid for a Surveyor.

Discussion Landfill Tipping Fees

Mr. Barnes said the committee wanted to make sure they were consistent.

Mr. Mullen stated the original document was on page 36 of the Board Packet and the proposed changes were in red on page 37.    Mr. Mullen went over the changes with the Board.

Mr. Gentry said the committee looked at  having a rate for the two Towns, having a Residential/Commercial rate, Residential rate and Commercial rate.  Mr. Gentry said he felt like other information needed to be digested before the Board took action.  Mr. Gentry said there was more to be done.

Mr. Mullen said they wanted to get as many members of the Board involved at all levels.  

Mr. Byers asked did commerce mean rental property.  Mr. Mullen said if it was the owner of rental property it could fall under the old policy.  

Mr. Gentry said there was residential trash being haul by commercial hauler.  Mr. Gentry said it wasnt clear cut at this time and it was something the committee needed to resolve.

Mr. Wright said it should read recycling/refuse sites.

Mr. Spencer said the service was provided on taxpayer dollars but yet the citizens are being charged.  Mr. Spencer said it didnt make sense because there were so many fees out there.  Mr. Spencer said the Board needed to be really careful not to do things to fast.  

Mr. Harper said the Board should take into account people who have homes here that arent their primary residence but they pay taxes, should they be charged to drop their trash.
                        
Mr. Mullen said there were couple problems and before you get to 1000 lbs there was no way to enforce this.  Mr. Mullen said in Hanover County their taxes were higher but they could go to the landfill for free and its all a trade off.  

Mr. Harper said he didnt have problem with the proposal.  

Mr. Havasy said what about the people who dont live in subdivisions would they be given the same allowances.  Mr. Havasy said there shouldnt be exceptions for those who live in a gated community.  Mr. Havasy said the reason for the recycling center was to recycle and when a commercial hauler comes and gets trash it all goes together to the landfill.  

Mr. Harper said the committee had some more work to do.

Mr. Wright said the commercial people paid taxes also and they were who the county made a profit off of.  

Mr. Gentry said from this discussion the question may be does the county even want tipping fees.  

Mr. Wright said it would have to be paid for one way or the other.

Discussion and Adoption
Louisa County Board of Supervisors Goals and Objectives for 2009

Mr. Mullen said he included the overall objectives, within that goals and within those actions.  Mr. Mullen said he asked the Board to take their time to read over the document because he wanted it to be meaningful document.

Mr. Byers asked for a date to be placed on the document so they would know if it was the second or third edition.

Discussion/Resolution Names of persons to serve on the James River Water Authority

Mr. Spencer made a motion to nominate Mr. John Thomasson for a two year, Mr. Goodman B. Duke for a three year term and Mr. Dale Mullen for a four year term, for the Joint Water Authority.  Mr. Wright seconded the motion.

Mr. Mullen said he would need to amend the terms of those who serve by the virtue of their offices expire on their ceasing to hold office or after to term of four years which ever occurred first.  Mr. Mullen said it just needed to match the specific language for the code.  

Mr. Havasy asked that all the names supplied be read.

Mr. Harper said this was fortunate situation where the Board had a qualified group to choose from.  Mr. Harper said others that were in consideration were; Mr. Allen Jennings, Mr. Greg Jones, Mr. Louis Stevens and Mr. Roy Ellis Hopkins.

Mr. Byers asked if anyone recommended had experience with the water authority.

Mr. Spencer said Mr. Thomasson was involved with the original water authority and Mr. Duke help start the IDA.

Mr. Byers asked was there anything preventing the members from going to Mr. Delk or anyone else for support or assistance.  Mr. Mullen said no.

Mr. Harper requested a roll call vote on Mr. Spencer motion.

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

With the vote reflecting 5-2, the motion passed for Mr. John Thomasson to serve a two year term, Mr. Goodman B. Duke to serve a three year term and Mr. Dale Mullen to serve a four year term on the Joint Water Authority.

Discussion Staffing in the Department of Community Development

Mr. Camp said he had made several budget recommendations to the Board at the January 15, 2009 Budget Workshop.  Mr. Camp said he was back before the Board for some consideration.  
Mr. Camp said his first recommendation was to fill a Senior Planner position and a fulltime Administrative Assistant position.  Mr. Camp said would recommend cutting the two part-time Administrative Assistant positions and the Planner I position.  Mr. Camp stated he would like to retain the Building Inspector position and the Code Enforcer just in case the positions were needed.  

Mr. Harper said for clarity was Mr. Camp asking the Board to replace the Senior Planner and fulltime Administrative Assistant.  Mr. Camp said yes that was his immediate request.

Mr. Spencer asked how many planners did Community Development have now.  Mr. Camp said himself and Linda Buckler who assisted him.  

Mr. Spencer asked how much did the building permits drop.  Mr. Camp said residential permitting was down.  

Mr. Spencer asked had subdivisions applications dropped.  Mr. Camp said they were staying pretty busy but yes they had dropped.

Mr. Spencer said the Senior Planner position was suppose to be a temporary position and somehow turned into a fulltime position. Mr. Spencer said he didnt want to hire people and then have to turn around and fire them.  
 
Mr. Camp said they have three vacant part-time positions.   Mr. Camp said out of the six vacant position he was asking to fill two.  

Mr. Byers asked how many position were vacated in the last 12 months.  Mr. Camp said two.

Mr. Gentry asked wouldnt it better to keep the part-time positions instead of getting a fulltime.  Mr. Camp said it depended on the individual.

Mr. Gentry asked how long had the current part-time person been with the county.  Mr. Camp said a couple of years.

Mr. Camp said the Building Inspector position also became vacant in the last 12 months.

Mr. Wright said on page 114 of the Board Packet showed residential permits dropping 60% and commercial permits going up about 41%.  Mr. Wright said it was a lot more work to be done with commercial than the residential.  

Mr. Camp said yes it could be.  Mr. Camp said the work has been picking up.

Mr. Byers said while the Board was in the middle of working on the budget and realizing there would be some shortfalls, he felt the timing was not the best to fill some of the positions.
Mr. Spencer said he approved the hiring of the Firefighter/Medics but the county may need to hold off until they get a grip on the what the budget cycle would be.

Mr. Gentry said he also agreed with Mr. Byers.

On motion of Mr. Spencer, seconded by Mr. Havasy which was carried by a vote of 7-0, the Board voted to hold off on hiring the Senior Planner and fulltime Administrative Assistant and for it to be considered during the budget process.

Discussion Staffing in the Department of Parks and Recreation

Ms. Shelhorse said her fulltime Childcare Coordinator position became vacant last August and because of budget considerations she held off on filling the position. Ms. Shelhorse said her part-time and fulltime staff had been filling in.  Ms. Shelhorse said Parks and Recreation was coming into a busier season with the fulltime daycare in the Summer.  Ms. Shelhorse said in 2010 once Moss-Nuckols Elementary School opened there would be a fourth site for Before and Afterschool.  

Mr. Spencer said
Ms. Shelhorse had done a fantastic job with Parks and Recreation.  Mr. Spencer said there was already daycare center in the Betty Queen Center under JABA.

Ms. Shelhorse said
it was a privately owned daycare center in the Better Queen Center, that was owned by someone who wasnt a county resident.  

Mr. Spencer asked what would be the duty of the person she wanted to hire.  

Mr. Shelhorse said there were three sites with Before and Afterschool programs with up to 120 children and in the Summer Parks and Recreation offer
ed fulltime and part- time daycare.

Mr. Spencer asked wasnt the private daycare taking care of the daycare center needs.

Ms. Shelhorse said they
only did preschool not school-age.

Mr. Spencer asked were the parents paying for Before and Afterschool.  Ms. Shelhorse said yes they were and the programs were at the Elementary Schools.

Mr. Byers asked would this be self supporting.  Mr. Shelhorse said the salary did not come out of the self support program, it had been county funded.  

Ms. Shelhorse said the Linkages Board had brought up Parks and Recreation taking over the daycare center that was
now privately owned and she asked them to hold off because she currently didnt have the staffing.

Mr. Byers asked was this a position that
was vacated or was this a new resource.  Ms. Shelhorse said this was position that became vacant in August.

Mr. Byers asked was this the only position reduced in the last 12 months.  Ms. Shelhorse said
she had reduced part-time hours in the winter but that was the only position.

Mr. Barnes said he would like to have a recommendation from the County Administrator.  Mr. Barnes said people dont feel good going to work if their children arent in the right hand and people cant go to work if their
wasnt any childcare.  Mr. Barnes said with people looking for jobs  Before and Afterschool childcare would be one less concern.  Mr. Barnes said because of where the schools were located everyone would benefit.  Mr. Barnes said it was a vital program and an added benefit to a lot of working families.

Mr. Gentry said he had heard the program was needed and well managed and he could be very supportive of it.  Mr. Gentry said failed to asked with Mr. Camp but in the future
when positions were recommended by the staff he would like to hear from Mr. Mullen.

Mr. Mullen said there was only one of these position
s.  Mr. Mullen said there was potential to drop the ball if the county didnt look at their childcare services.  Mr. Mullen said this was a position that was created to oversee and make sure the programs function the way they are suppose to.  Mr. Mullen said he was not convinced that the county was getting the necessary oversight in some of the other programs that interface with the countys childcare that was provided at the Elementary Schools.  Mr. Mullen said he wouldnt feel good about waiting on this position and for that reason he would recommend trying to fill the position with someone who has the experience with the county and the experience with childcare.

Mr. Spencer said he does the Good News Club at TJES and he does see Afterschool program.  Mr. Spencer asked if  this person would be sitting at the Parks and Recreation Office
or would they be at the schools.

Ms. Shelhorse said the positions office would be at the Parks and Recreation Office.  Ms. Shelhorse said the position would be responsible for coordinating the program to make sure activities were planned, there were snack, supplies, etc.  Ms. Shelhorse said she would like to see this person that the program up a notch.  Ms. Shelhorse said she didnt want the position to be just a Childcare Coordinator but the Youth Program Supervisor.  Ms. Shelhorse said she has added a preschool program, a childrens cooking program and the Elementary School dances.  Ms. Shelhorse said she wanted all them to be taken up a level.  

Mr. Spencer said he didnt want that position to just be at the Betty Queen Center
.  Ms. Shelhorse said that position would coordinate all the sites and was not a daycare worker.

Mr. Byers asked what were the credentials of the position.  Ms. Shelhorse said they would
be required to have a degree and experience with programming.  Ms. Shelhorse said Parks and Recreation was exempt from the State standards of licensing but they try to follow them as much a possible.

Mr. Harper asked was a degree required.  Ms. Shelhorse said yes as the position was designed.  Ms. Shelhorse said or equivalent experience.  

Mr. Byers said he would like to see transfers within county if there were openings.  

Mr. Harper said he thought posting available position
s within was viable and a good program to have.

Mr. Mullen said he wasnt convinced the county could find the suitable person with a four year degree with the money offered nor was he convinced that a four year degree was necessary for the position.  Mr. Mullen said he had ideas about people from within who he thought had shown suitable responsibility in other positions that would warrant this opportunity and were perhaps absent of a degree.  Mr. Mullen said he would
nt draw the box that tightly.

Mr. Harper said with that being said he would go back to supporting it because he was not going to support it if a degree was required.  Mr. Harper said not that
it would hurt to have one.

Mr. Spencer asked how much money would the position be paid.  Mr. Shelhorse said around $35,000.

Mr. Spencer said he didnt want to hire someone and then have lay them off.

On motion of Mr. Gentry, seconded by Mr. Barnes, which carried by a vote of 6-1, with Mr. Byers voting against, the Board voted to fill the position of Childcare Coordinator.

NEW BUSINESS

Discussion and Approval Commission on Aging By-laws

*Mr. Barnes left meeting at 6:16 p.m.

Mr. Byers said the Commission on Aging would like to have some the language in the By-Laws cleaned up to make it more readable and easy to understand.

Mr. Wright asked could the meeting be eliminated.  Mr. Byers said the discussion was if they knew something was going to prohibit them from meeting the majority could vote not to have a meeting.

Mr. Wright said he thought
it needed to be revised.

On motion of Mr. Byers, seconded by Mr. Spencer, which carried by a vote of 5-1, with Mr. Wright voting against and Mr. Barnes being absent, the Board voted to approve the By-laws as submitted by the Commission on Aging.

*Mr. Barnes returned to the meeting at 6:19 p.m.

Discussion Audit

Mr. Barnes said he would like the latest audit report printed in the paper to bring the citizens to ease.

Mr. Harper said he would recommend the audit letter instead of the whole report.

Mr. Spencer said the adjoining county had $220,000 of un-cashed checks and they had the same Auditor as Louisa and he thought it was time someone came in to do a special audit to find out where all the money was going.  

Mr. Wright said an Auditor would not have picked up on those un-cashed checks.  Mr. Wright said a lot of that was communication and two people knew about it and didnt communicate it to the Board.

Mr. Barnes said the letter from the Auditor was all he wanted to show.  

Mr. Gentry said he agreed, he believed it stated the countys concern.

Mr. Byers asked the County Administrator to make sure there werent any opportunities for the county to fall into the same category.

Mr. Mullen said he spoke with the Goochland County Attorney and he told him as much as he could about the situation and he also met privately with a business owner who had a check for $5,000 that was not cashed.  Mr. Mullen said the business owner told him no audit would have caught the problem because the receipts were not deposited.  Mr. Mullen said he went to all his Department Heads and they assured him they did not have any checks that had not been deposited.  Mr. Mullen said he was only aware of one check and he had it.  Mr. Mullen said that check had something written on it he thought would make it nonnegotiable.  Mr. Mullen said internal controls should have caught what was going on in Goochland.  Mr. Mullen on page seven action item one states ” development and implementation of an internal audit and inspection functions.  This function would be in addition to the minimal financial accountability standards mandated by Virginia Code” and that was one of the most important things he could bring here.

Mr. Barnes said he would rescind his idea and have Mr. Mullen put together an internal policy to present to the Board.

Mr. Harper said he didnt have a problem with the Auditors.  Mr. Harper said maybe they wouldnt have accounted for the undeposited checks but somewhere there should have been a long term receivable that wasnt coming in.

Mr. Mullen said one of his budget cutting objectives for the future has to do with less advertising in the CV instead of more.

Mr. Barnes said he thought he county received some free advertising in the CV.

Mr. Mullen said he would post a PDF of the audit letter for any citizen to see and let the public know there was a copy of the audit available.

CITIZENS INFORMATION PERIOD 6:30 P.M.

Bill Earhart Louisa District stated he was on the HOA Board at Blue Ridge Shore and  he wanted to thank Mr. Mullen, Mr. Gentry and Mr. Spencer for coming to meet with their Board to discuss the tipping fee issue.  Mr. Earhart said he appreciated the Board deliberating and going slow on the issue.  Mr. Earhart said Blue Ridge Shore was strictly a residential area and there were no personal businesses there.  Mr. Earhart said there were over 600 homeowners in the subdivision.  Mr. Earhart said as a benefit to their residents they have a commercial hauler who comes to pick up their trash.  Mr. Earhart said Blue Ridge Shores has been billed at the commercial rate for all the trash from the landfill.   Mr. Earhart said they didnt think it was fair for them to pay the commercial rate when it was residential trash.  Mr. Earhart said they found out the Town of Louisa and the Town of Mineral was not paying the commercial rate like they were.  Mr. Earhart said they came before the Board for the same consideration.  Mr. Earhart said they were interested in a recycling program in their community and some of their residents did use the Trevilians Refuse Site. Mr. Earhart said they were just asking for fairness with the tipping fees.

Dale Jones Louisa District stated he want to keep road at Thalia Shores as a county road.  Mr. Jones stated the gate was an annoyance to him.  Mr. Jones said the school bus could not come through the gate and they have to take and meet their children at the gate.  Mr. Jones said the gate never had a permit and had been installed illegally.   Mr. Jones said he didnt want to be involved in a lawsuit because of an accident.

Donna Dudman Louisa District stated she sent a letter to Mr. Spencer about an incident that happened at Thalia Shores.  Ms. Dudman said the gate was installed illegally on a VDOT right-of-way.  Ms. Dudman said there was an accident on the lake and three people were injured, one of those people was a ten year old child.  Ms. Dudman said when EMS came they could not access the gate because they did not have the code.  Ms. Dudman said they should have been given the code and may have had it one point but didnt that day.  Ms. Dudman stated someone had stayed in the house and that was how EMS gained access to the community.  Ms. Dudman said the person who could have opened the gate with a key so it could stay open for EMS did not do so.  Mr. Dudman said when the child was being transported to the helicopter the ambulance had to wait for the gate to open.  Ms. Dudman said the right-of-way was being used as a roadway.  Mr. Dudman asked the Board to keep the right-of-way so they would access to emergency personnel.

Garnie Horne Louisa District asked that the county not abandon the right-of-way.  Mr. Horne said his family had lived there since 1993.  Mr. Horne said the HOA voted in 2001 on a 5-4 vote to put in an electric gate.  Mr. Horne said the gate was put in without a permit, without a survey and on someone elses property because Thalia Shores doesnt own any property.  Mr. Horne said in May 2002 they received a threaten letter from the Robert Caudell who was the President of the HOA at the time.   Mr. Horne read from the letter, ”Effective midnight May 19, 2002, if any lot owner, or agent thereof(contractor) posts an entry code outside the gate, that lot owners entry code will be voided and changed without notice.” Mr. Horne said they felt threatened  Mr. Horne said in May 2008, a vote was taken to keep the gate.  Mr. Horne said when the vote was taken no one knew the gate was on VDOTs right-of-way.  Mr. Horne said they requested a meeting with HOA President but it was denied.  Mr. Horne stated Mr. Ken Smith of VDOT suggested meeting with Mr. Spencer, the meeting never happen because the President didnt feel it was necessary.  Mr. Horne said the petition the Board received was never voted on and they had just seen it today and some hadnt seen it.   Mr. Horne asked the Board not abandon the right-of-way or grant the 53 feet outside the gate because that would affect the two lot owners outside the gate.  Mr. Horne thanked the Board from their time.

Richard Halberg Louisa District stated there were two groups in the HOA ones for the gate ones against.  Mr. Halberg said the gate had been voted on numerous times.  Mr. Halberg said each owner has a garage door opener to access the gate and code was just used for visitors.  Mr. Halberg said the property issue has gotten more complex.  Mr. Halberg said President of Thalia Shores had been trying to resolve the issue the best he could.

Matthew Craig Green Springs District stated he came to speak in praise of Estelle Rainsford, Howard Evergreen and the Housing Foundation.  Mr. Craig said in November 2008 he and his wife were able to purchase a home with the help of Louisa Housing Foundation and a charitable mortgage lender.  Mr. Craig said the Housing Foundation assisted with the down payment.  Mr. Craig said they will have to pay back the down payment but they would not have been able to obtain the property without it.  Mr. Craig asked the Board the take in to consideration the Housing Foundation and the funds that go towards it.

Discussion Thalia Shores

Mr. Mullen said Mr. Jim Lillie intended to be at the meeting but was ill.  Mr. Mullen said Mr. Lillie replaced his February 9th submission on page 56 of the Board Packet with a petition for road abandonment and discontinuous.  Mr. Mullen said the document came in this afternoon and he hadnt had a chance to review it.  Mr. Mullen said he has had several conversations with Mr. Jamie Glass, VDOT Resident Administrator and he believed the Board would be able to act responsibly at the March 2nd meeting.

Mr. Spencer said he has been battling this thing since last year.  Mr. Spencer said VDOT had told them to remove the gate.   Mr. Spencer said there were seven families in the community that didnt want the gate.  Mr. Spencer said he didnt have any intention on abandoning any county property.  Mr. Spencer said he had been asking Mr. Lillie for the petition since December and he had dragged his feet until now.  Mr. Spencer said he would like the Board to vote on this at the March 2nd meeting.

Mr. Gentry said in the document from Mr. Lilly there were some error
s.  Mr. Gentry said VDOT had taken action on this in December saying the gate would be removed off the State right-of-way because it was not allowed.  Mr. Gentry said VDOT would not abandon the road as long as there was one person that didnt want it abandoned.

Discussion/Resolution To Approve a Supplemental Appropriation for the County Attorneys Office

On motion of Mr. Barnes, seconded by Mr. Wright, which carried by a vote of 7-0, the Board adopted a resolution to approve a supplemental appropriation for the County Attorneys Office

CORRESPONDENCE

Mr. Mullen said there was request asking the Board of Supervisors to make a charitable contribution to the Relay for Life.

Mr. Wright said last year there was some controversy between the Board Members about this and he hasnt gotten one complaint from a citizen about the donation.

Mr. Wright made a motion to contribute $2,000 for the Louisa Relay for Life.   Mr. Gentry seconded the motion.

Mr. Spencer said he was the
one last year that didnt approve of it.  Mr. Spencer said the citizens didnt give the county money for the Board to give away to make themselves look good.  Mr. Spencer said if someone made a motion that the Board Members come up with money from their own pockets he would be happy to be apart of that.  Mr. Spencer said he was always part of Mr. Gentrys Relay for Life team but he doesnt pay his taxes for the Board to be charitable with it.

Mr. Havasy said he agreed with Mr. Spencer.  Mr. Havasy said it was not the position of the govern
ment to get into programs that were strictly charitable.  Mr. Havasy said didnt think the majority of citizens wanted them to give their money to every charitable organization in the county.

Mr. Byers said he has had cancer in the past and believe
d Relay for Life was worthwhile however he questioned if the Board should contribute.  Mr. Byers said he was going to vote against it.  Mr. Byers said the library was also a charitable organization that they have donated to and they needed to examine their decisions well, they cant give to one and not the other.

Mr. Barnes said cancer and heart disease affect
ed every family.  Mr. Barnes said he thought he had a way to get the money from a different perceptive if Mr. Wright and Mr. Gentry would withhold the motion for 30 days.

Mr. Wright said he would not withdraw his motion
.  

Mr. Spencer said his wife died of ovarian cancer, he was on a Relay for Life team and he would be making donations.  Mr. Spencer said if the Board wanted to raise money he would donate.

Mr. Harper said normally he would not agree to a donation however he didnt know of anything that had the potential to impact as many people as this.

Mr. Harper requested a roll call vote on Mr. Wrights motion.

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

With votes reflecting 3-3, with Mr. Barnes abstaining, the motion failed to contribute $2,000 to Louisa Relay for Life.

Mr. Spencer made a motion that the Louisa County Board of Supervisors raise $1,000 to contribute to the Louisa County Relay for Life.  Mr. Barnes seconded the motion. Mr. Harper requested a roll call on Mr. Spencer's motion

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

With the votes reflecting 4-3 the motion passed for the Louisa County Board of Supervisors raise $1,000 to contribute to the Louisa County Relay for Life.

PUBLIC HEARINGS

Public Hearing Amendments to the Louisa County Zoning Ordinance - Rural Estate
(RE) and Transitional Residential (TR) Districts

Mr. Camp stated upon direction from the Board of Supervisors, the Planning Commission voted unanimously during a public hearing on January 8, 2009 to recommend removal of the RE and TR zoning districts.  Mr. Camp said the proposed changes would remove the two districts in their entirety, including references to the districts found in the sign and telecommunication sections of the Zoning Ordinance.

Mr. Camp said the changes would be in Sections 86-67 through 86-69.3, Sections 86-70 through 72.3, Section 86-363 and Section 86-485 of the Louisa County Zoning Ordinance.

Mr. Camp said the primary reason that the RE and TR Districts would be considered for removal was due to concerns that they were not fundamentally compatible with the primary rural policy of the Comprehensive Plan.          

Mr. Camp said there was one property that was currently zoned RE and was rezoned RE on August 6, 2007.  Mr. Camp said this property would not be affected by the removal of the RE District.  Mr. Camp said they would potentially have vested rights because the property had a proffer.

Mr. Harper said Mr. Camp said potentially, it either was or it wasnt.  Mr. Camp said the applicant would have to be diligently pursuing the subdivision or the vested rights would not be valid.

Mr. Barnes said he wanted to be clear about what vested meant and what the time frame was.  Mr. Barnes said he wanted to make sure to applicant who had been approved for an RE District was grandfathered.  

Mr. Mullen said grandfathering describes an act of legislative grace and vesting described an legal event or events sufficient to confer upon on a right.

Mr. Wright said the county has a reversion act and if action was taken within five years the Board could revert the subdivision back to the original zoning.  Mr. Wright said he didnt think the Board had ever use the reversion act.

Mr. Gentry said what Mr. Barnes was talking was protecting the one that had already been rezoned RE.

Mr. Mullen said that would be an act of grandfathering.

Mr. Camp said they only looked at vesting.

Mr. Byers said there was one application in the process of getting approved to become an RE District, how could one be grandfathered and the other not.

Mr. Camp said he was advised not to make a determination until the application process was completed.

Mr. Havasy asked if the one still in the application process was talking about changing to a PUD.  Mr. Camp said he didnt know if that was something they pursuing

Mr. Harper asked Mr. Camp to clarify what the Board would be considering in this public hearing and what public would be commenting on.

Mr. Camp stated the Board would be considering the removal of the RE and TR Districts from the Zoning Ordinance in their entirety.

Mr. Harper opened the public hearing.  

George Ray said he was one of the three individuals involved in the purchase of rock quarry that had already rezoned to a RE District.  Mr. Ray said he would like to thank all the groups they had went before to obtain the rezoning and it was to his recollection that they received unanimous approval from all three groups.  Mr. Ray said he and his two partners had already spent $100,000 improving the property and they would be filing a subdivision plat within two weeks. Mr. Ray said they would had filed sooner but one of the proposed lots fell within what was the old the flood plain.  Mr. Ray said they had to make an application to FEMA to have the line changed and just received notification this week that it had been done.  Mr. Ray said the next time he came before the Board he would hopefully be able so say he was in Mr. Barnes voting district.

Wendy Craig Green Spring District asked if the Board could clarify about the Patriot Crossing subdivision application. Ms. Craig said it had not been rezoned so therefore it should not be grandfathered or vested.With no one else wishing to speak,  

Mr. Harper closed the public hearing and brought it back to the Board for discussion.

Mr. Camp said Patriot Crossing would not have vested rights.

Mr. Barnes said he could support the rescinding of the RE District.  Mr. Barnes said he wanted to use the term grandfathered for property that had already been approved as a RE District.

Mr. Gentry said he would support the elimination of the TR District because there were never any application for it.  Mr. Gentry said he could support the elimination the RE District with some modifications and to grandfather the previous RE District.

Mr. Harper asked if the grandfathering the one property was a different issue.

Mr. Mullen said in order to grandfather the Board may have give another notice to the public.    

Mr. Gentry asked would the Board not have the option to deal with the grandfathering issue at a later time if the RE District was eliminated tonight,

Mr. Mullen said he had never seen it done that way.  Mr. Mullen said the Board should take action on the District, then Mr. Camp would make a determination on vested rights.

Mr. Harper said Mr. Ray had invested $100,000 and they were moving forward so didnt see a problem with them being vested.

Mr. Byers said the hold ups with Mr. Ray were dealing with Federal Agencies so he didnt see an issue.

Mr. Barnes said they could leave the grandfathering alone and if there was an issue with that property being vested it needed to come back before the Board.

Mr. Havasy said the quarry had been approved and there was no reason to revisit it.  

Mr. Barnes made a motion to remove the Rural Estate (RE) District in its entirety including references throughout the zoning ordinance,  Mr. Spencer seconded the motion.

Mr. Harper asked which District had the ability to set aside undeveloped properties.  Mr. Camp said the RE District.

Mr. Gentry said he heard the Planning Commission discussion on this and there were some good ideas about modifications which on make this a much better zoning and that was why he was taking the position that he was.
.
Mr. Mullen read the resolution for clarity.

Mr. Harper requested a roll call vote on Mr. Barnes motion.

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

With the votes reflecting a 4-3, the motion passed to remove the Rural Estate (RE) District in its entirety including references throughout the zoning ordinance.

Mr. Barnes made a motion to removing the Transitional Residential (TR) District in its entirety including references throughout the zoning ordinance, seconded by Mr. Spencer.

Mr. Harper requested a roll call vote on Mr. Barnes motion.

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

With votes reflecting 7-0, the motion passed to remove the Transitional Residential (TR) District in its entirety including references throughout the zoning ordinance.

Public Hearing Amendments to the Louisa County Subdivision and Zoning Ordinances - Small Business Incentives

Mr. Camp said on January 8, 2009, the Planning Commission held a public hearing in consideration of zoning ordinance amendments related to helping small businesses in the rural parts of Louisa County. Mr. Camp said the idea for this project began at the Planning Commission level during several discussions related to the economic conditions of the County and high fuel costs, the Planning Commissioners believed that reducing some regulatory barriers in the Agricultural (A-1 and A-2) Zoning Districts could provide incentives for the creation of new jobs in Louisa County.  

Mr. Camp said the amendments affected would be to Section 86.61.3, Section 86-64.3, and Section 86-2 of the Louisa County Zoning Ordinance and Section 66-2 of the Louisa County Subdivision Ordinance

Mr. Camp said the proposed amendments include the following changes:.

·        Allowing General Offices in the A-1 and A-2 Zoning Districts with a Conditional Use Permit.
·        Redefining the definitions of Home Occupation to include the ability for more employees.
·        Redefining Conditional Use and providing a definition for Conditional Use Permit.

Mr. Byers asked when you changed the home occupation to employees did that move it out of being a home occupation.  Mr. Camp said no it still had to be compatible with the neighboring properties.

Mr. Byers asked what was Planning Commission vote was.  Mr. Camp said it was unanimous.

Mr. Harper opened the public hearing.  With no one wishing to speak Mr. Harper closed the public hearing and brought it back to the Board for discussion.

Mr. Havasy
said in these economic times he applauded the Planning Commission for aiding businesses in Louisa County and thanked them for being forward thinking.

Mr. Gentry said the Planning Commission put a lot of effort into this.

Mr. Byers asked would this eliminate the paving of entrances that VDOT dealt with.

Mr. Spencer said that particular issue with paving the entrances was not VDOT that was the DRC.

        On motion of Mr. Barnes, seconded by Mr. Wright, which was carried by a vote of 7-0, the Board voted to amend the Louisa County subdivision and zoning ordinances for the purpose of providing incentives for small businesses in the rural areas of Louisa County.

Public Hearing Amendments to the Louisa County Zoning Ordinance - Division 3. Off-Street Parking and Loading and Division 4.Special Provisions

Mr. Camp said on December 15, 2008, the Louisa County Board of Supervisors directed the Planning Commission to review the Countys parking standards due to a concern that the requirements may be excessive for some uses.  Later, on January 8, 2009, the Louisa County Planning Commission voted unanimously to recommend adoption of the attached draft amendment to the Zoning Ordinance pertaining to parking and loading space requirements, the proposed changes are to Section 86-436 through Section 86-450, Section 86-122, and Section 86-142.

The key changes of the draft amendment are as follows:

1)        Definition of Floor Area.  Changes are made to clarify that when calculating required parking for a facility the building or buildings can be broken down by use to more accurately reflect the demands for parking of the particular use.


2)        Built in Parking Space Reductions.  The draft amendment would allow the Zoning Administrator to reduce required parking by 20% when the applicant demonstrates that parking demand is met with fewer spaces; and 10% when good planning practices are utilized.  Reductions over 20% would be reviewed by the Planning Commission.

Mr. Byers asked did the reduction affect the handicapped parking.  Mr. Camp said there would be fewer handicapped spaces if there were fewer spaces altogether.

Mr. Byers asked if there were deviations made by Community Development would they be documented in the file.  Mr. Camp said yes. Mr. Harper opened the public hearing.  With no one wishing to speak, Mr. Harper closed the public hearing and brought it back to the Board for discussion.

Mr. Byers asked what the amendment would do in the incorporated Towns.  Mr. Camp said it wouldnt do anything.

        On motion of Mr. Barnes, seconded by Mr. Gentry , which carried by a vote of 7-0 the Board voted to amend the Louisa County zoning ordinance for the purpose of revising the off-street parking requirements.

COMMITTEE REPORTS

Mr. Gentry read the action of the Planning Commission, “whereas in March 2007 the Board of Supervisors approved a motion to formally initiate work on a transportation plan; whereas the Thomas Jefferson Planning District has now come forward to the Planning Commission with a proposal to provide technical assistance in preparing a transportation plan and making a grant application; therefore the Planning Commission requests that the Board of Supervisors support the partnership.”

On motion of Mr. Gentry, seconded by Mr. Barnes, which was carried by a vote of 7-0, the Board voted to partner with Thomas Jefferson Planning District to look for grants towards the transportation plan.<

Mr. Gentry said the VOL had found the unemployment rate was increasing in Louisa County.  Mr. Gentry said VOL Board agreed to allow their part-time help to give an additional four hours a week to the Unemployment Commission.

Mr. Wright said the County Messenger brought the Unemployment Commission to light for a lot of people. Mr. Wright said the ultimate goal of the Piedmont Workforce Council was to get the Unemployment Office open five day a week and hopefully Saturday morning.

Mr. Gentry said the JAUNT budget was doing very well because of the savings in gasoline.  Mr. Gentry said the need for JAUNT was increasing steadily in Louisa County.  Mr. Gentry stated JAUNT was anticipating getting some funding from the Stimulus Package.

Mr. Gentry said he and Mr. Byers would have a another School Board meeting tomorrow morning.

Mr. Barnes said he, Mr. Mullen and Mr. Havasy met with some developers at Zion Crossroads.           

BOARD APPOINTMENTS

Mr. Spencer said he would like a letter sent to Ms. Donna Bauer thanking her for her service on the Commission on Aging.

Mr. Gentry stated he would like to appoint Mr. William Hale to the Board of Equalization.  Mr. Gentry stated he would like to appoint Mr. Bill Fosdick to the Cutalong CDA Board.

        On motion of Mr. Barnes, seconded by Mr. Spencer, which carried by a vote of 7-0, the Board appointed Mr. William Hale to the Board of Equalization and Mr. Bill Fosdick to the Cutalong CDA Board.

COUNTY ADMINISTRATORS REPORT

Mr. Mullen stated on page 83 to page 93 of the Board Packet were the first submissions for the shovel ready projects.

Mr. Mullen stated there was correspondence dated January 30, 2009, seeking contract and lease information from all volunteer agencies and he had a meeting scheduled with EMSAL and the Fire Association.

Mr. Mullen said included in the Board Packet was the Thomas Jefferson Planning District Commission Legislative Newsletters, all the monthly summaries from the Department Heads
and the general ledger journal entries summary.

Mr. Mullen stated under the shovel ready projects would also include some rural rustic unpaved roads throughout the county.  

Mr. Gentry said they went through the list to see what would qualify for rural rustic.

CONSENT AGENDA ITEMS

A Resolution for a Supplement to the County Administrators Department for Employee Recognition

        On motion of Mr. Barnes, seconded by Mr. Spencer, which carried by a vote of 7-0, the Board adopted a resolution for a Supplement to the County Administrators Department for Employee Recognition.

A Resolution for a Supplemental Appropriation to the Sheriff Office for the Rescue Squad Assistance Fund Grant

        On motion of Mr. Barnes, seconded by Mr. Spencer, which carried by a vote of 7-0, the Board adopted a resolution for a Supplemental Appropriation to the Sheriff Office for the Rescue Squad Assistance Fund Grant.

A Resolution recognizing Catherine A. Hiter for her years of services to the County of Louisa.

        On motion of Mr. Barnes, seconded by Mr. Spencer, which carried by a vote of 7-0, the Board adopted a resolution recognizing Catherine A. Hiter for her years of services to the County of Louisa

CORRESPONDENCE

Mr. Mullen said the county was named as a defendant in a lawsuit to receive some money.  Mr. Mullen said he doubted if anything would come of it.

APPROVAL OF BILLS

Mr. Byers said he hoped the county wasnt paying people to pick up trash when there was a contract with CTR.  

*Mr. Wright left the meeting 7:44 p.m.

Mr. Harper said the trash was picked up twice a year when the grass was cut.  Mr. Harper said the county paid for the security not for the inmate picking up the trash.

        On motion of Mr. Barnes, seconded by Mr. Havasy, which carried by a vote of 6-0, with Messrs Byers and Gentry abstaining from bills pertaining to themselves and Mr. Wright being absent the Board adopted a resolution approving the bills for the first half of February 2009 for the County of Louisa in the amount of $276,546.02..

APPROVAL OF MINUTES


        On motion of Mr. Spencer, seconded by Mr. Havasy, which carried by a vote of 6-0, with Mr. Wright being absent, the Board adopted the minutes of the January 15, 2009 meeting.

        On motion of Mr. Barnes, seconded by Mr. Gentry, which carried by a vote of 6-0, with Mr. Wright being absent, the Board adopted the minutes of the February 2, 2009 meeting.

*Mr. Wright returned to the meeting at 7:46 p.m.

LEGAL

CLOSED SESSION


On motion of Mr. Gentry, seconded by Mr. Spencer, which carried by a vote of 7-0, the Board voted to enter Closed Session at 7:46 p.m. for the purpose of discussing the following:

1.        In accordance with §2.23711 (A) (7) VA Code Ann., for the purpose of consultation with legal counsel on actual or probable litigation (specific legal matters requiring the provision of legal advice by counsel

2.         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. Byers, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board voted to return to Regular Session at 7:49 p.m.

*Mr. Wright left meeting at 7:49 p.m.

CLOSED SESSION

On motion of Mr. Barnes, seconded by Mr. Gentry, which carried by a vote of 6-0, with Mr. Wright being absent, the Board voted to enter Closed Session at 7:50 p.m. for the purpose of discussing the following:


1.        In accordance with §2.23711 (A) (7) VA Code Ann., for the purpose of consultation with legal counsel on actual or probable litigation (specific legal matters requiring the provision of legal advice by counsel

2.         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. Barnes, seconded by Mr. Spencer, which carried by a vote of 6-0, with Mr. Wright being absent, the Board voted to return to Regular Session at 8:40 p.m.

RESOLUTION - CERTIFICATION OF CLOSED SESSION

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

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


WHEREAS, the Louisa County Board of Supervisors has convened a Closed Meeting this 17th day of February 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  17th day of February 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. Barnes, seconded by Mr. Byers, which carried by a vote of 6-0, with Mr. Wright being absent, the Board voted to adjourn the February 17, 2009 meeting at 8:41 p.m.


BY ORDER OF


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