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February 22, 2005
5:00 P.M.



Board Present: Fitzgerald A. Barnes, Willie L. Gentry, Jr., Willie L. Harper, Allen B. Jennings, David B. Morgan, Eric F. Purcell, and Jack T. Wright

*Allen Jennings arrived at 5:15 p.m.
 
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 22, 2005 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.


APPROVAL OF BILLS

        On motion of Mr. Wright, seconded by Dr. Morgan, which carried by a vote of 6-0, with Mr. Gentry abstaining from a reimbursement check pertaining to him, the Board approved the bills for the first half of February 2005 for the County of Louisa in the amount of $238,617.12.


CONSTITUTIONAL OFFICERS


Lee Lintecum, County Administrator, informed the Board that he has enclosed a letter in their packet from Gloria Layne, Louisa County Treasurer, which identifies the delinquent real estate taxes for 2002 as $83,265.37. Mr. Lintecum said that she is also requesting the Boards authorization to issue free county stickers to the active members of the volunteer fire departments and rescue squads of Louisa County.


        On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 6-0, the Board authorized Mrs. Layne to take appropriate action on delinquent taxes and to issue free county stickers to the active members of the volunteer fire departments and rescue squads of Louisa County, along with a note of appreciation that would be advertised in the Central Virginian.

Mr. Lintecum informed the Board that he has enclosed a letter from Mrs. Layne and Nancy Pleasants, Louisa County Commissioner of Revenue, pertaining to a refund that is owed to Luck Stone Corporation in the amount of $5,237.65 that was overpaid in 2003 and 2004 for their tonnage assessment.

        On motion of Mr. Gentry, seconded by Mr. Purcell, which carried by a vote of 6-0, the Board authorized reimbursement to Luck Stone Corporation in the amount of $5,237.65.  

CITIZENS INFORMATION PERIOD


Rae Ely, Green Springs District, informed the Board that she was here this evening to speak with them about litigation that is currently going on with the Greens Springs Historic District with Peter Blackman. Ms. Ely stated that it has come to their attention that Chairman Barnes had a meeting with Mr. Blackman and has had correspondence with Pat Morgan, County Attorney, Mr. Blackman and his attorney. Ms. Ely said that they are considering undertaking representation on behalf of Louisa County on behalf of Mr. Blackman for litigation that is currently pending before the Virginia Supreme Court. In closing, Ms. Ely said that in filing a Friend of the Court Brief in matters before the Supreme Court of Virginia it requires a party to be a friend of the court and urged the Board to consider what they are dealing with before proceeding.

Robin Patton, Patrick Henry District, stated that she is appalled to find that there are meetings going on in the dark about conferring on a citizen lawsuit while using taxpayers dollars to support this. Ms. Patton said that she finds the behavior of her Board representative appalling.

George Nolting, Green Springs District, stated to the Board that their power derives from the consent of the governed. Mr. Nolting said that he hasnt read about very many good things about what Louisa is doing ever since the period of time when there was a fair consensus of the last Comprehensive Plan that they should try to preserve some of the rural heritage of this County, which he does not see happening. Mr. Nolting said that he doesnt believe that what is happening is necessary inevitable, but more at the hands of a few individuals that want to make a profit from what is the birth right of this County, which is falling out of sight through the bottom.    

ADOPTION OF THE AGENDA

Dr. Morgan said that he would like to add a resolution supporting the early site permit for North Anna Power Station to the agenda.

Dr. Morgan said that he would like to add consultation with legal counsel for litigation in the Patrick Henry District and personnel under the County Administrator to closed session.

        On motion of Mr. Purcell, seconded by Dr. Morgan, which carried by a vote of 6-0, the February 7, 2005 agenda was adopted as amended.


*Allen Jennings arrived at 5:15 p.m.

OLD BUSINESS

Boundary Lines Between Goochland and Louisa County Patrick Morgan


Pat Morgan, County Attorney, provided an update to the Board on the boundary lines between Goochland and Louisa Counties. Mr. Morgan explained that the original County lines were established by a series of legislation between 1654 and 1742 that created New Kent, Henrico, Hanover, Goochland, and Louisa Counties. Mr. Morgan said that Andrew McRoberts, Goochland County Attorney, has suggested that they follow the procedure for boundary line adjustments that have been set forth in Sections 15.2-3106 through 15.2-3109 of the Code of Virginia. Mr. Morgan said that it has been suggested that the two counties issue a joint request for proposals for surveying services to determine the boundary lines with the two localities splitting the costs. Mr. Morgan explained that once the survey has been completed, the two counties could then meet and determine what adjustments, if any, were desired, which they would then have to petition the Circuit Court to enter an order establishing the new line. Mr. Morgan pointed out that if the Board agreed to make any boundary line adjustments there would have to be a public hearing held.  

The Board discussed the importance of identifying the boundary lines between the two localities and what the projected costs would be for a ground survey versus an aerial survey. In conclusion, the Board agreed to have the members from the committee and the County Administrator schedule a meeting with representatives from Goochland County to discuss the matters and determine how they wish to proceed.    

NEW BUSINESS

Discussion Retirement Proposal for the Louisa County Fire/Rescue Personnel


Ricky Bywaters, Louisa County Volunteer Fire Fighters Association President, informed the Board that he was here this evening with David Garrett of Glatfelter Insurance Group to present the proposed retirement plan for the volunteer fire and rescue personnel. Mr. Bywaters explained that they have been trying to promote volunteerism in the County and hopes that this plan would be considered in the upcoming Capital Improvement Budget.

Mr. Garrett identified two significant problems that the fire and rescue service is facing today as being the decline in volunteerism and a significant rise in the number of calls they receive for these services.  Mr. Garrett reported to the Board on the “Length of Service Award Program” (LOSAP) that they have created, which is designed to help them retain volunteers on the force by providing an award for them for each year of service to build a pension type of benefit. Mr. Garrett stated that there were three monetary benefits that come from a LOSAP Program that provides a monthly benefit, a death benefit of $10,000, and a disability benefit should any volunteer member become totally and permanently disabled according to Social Security and Administration Guidelines, which is covered throughout a twenty-four hour period whether an individual was hurt on or off duty. Mr. Garrett provided samples of projected costs for such a program and explained that that they have designed this plan to date back for the past five years of service for individuals.

The Board discussed the details of this program at great length questioning what effect the actual age of an individual would have on the cost, what the minimum amount would be for their recommended deposit, how the years of creditable service would be determined and the amount of hours, how this would apply to individuals that would be getting credit for retroactive service, and whether the entire EMSAL supported this program.    


Mr. Garrett responded that the ages of individuals would have an impact on the costs, which they intend on obtaining recent rosters to correct the information. Mr. Garrett explained that the recommended deposit is based on the current rosters, which determines the necessary amount to fund the benefit. Mr. Garrett said that he would forward the full drafted proposal to the Board that identifies all of the requirements for the participants. Mr. Garrett said that typically their clients inform individuals that this plan would be starting and would be made retroactive for a five-year period as long as the individual put in time for a one year period to earn the past years. Debra Bickley, EMSAL President, confirmed that EMSAL fully supports this program.

Resolution Supplemental Appropriation of the Homeland Security Funding for the Sheriffs Department


On motion of Mr. Purcell, seconded by Mr. Gentry, which carried by a vote of 7-0, a resolution was adopted to appropriate $117,612 of the Homeland Security Funding for the Sheriffs Department to procure approved items listed on the Law Enforcement Terrorism Prevention Program Initial Strategy and Procurement Form for encrypted radios.


Discussion Audit Request from Any Organizations Receiving Funds


Chairman Barnes said that he had asked for this item to be placed on the agenda due to discussion that he and Mr. Gentry have had about non-profit organizations that have received County funds. Chairman Barnes explained that constituents have asked questions that they were unable to answer pertaining to the finances of some of the organizations, which if they are receiving public monies, then some sort of supporting documentation or an annual audit should be done prior to disbursement of funds.

The Board addressed this topic raising concerns about the costs associated with an audit and whether this would be compensated for as part of the appropriation and what enforcement would be utilized to ensure that the data is reported. The Board determined to enact a procedure that would be done administratively to allow Ernie McLeod, Deputy County Administrator, to receive the pertinent information necessary.

Resolution Supporting an Early Site Permit for North Anna Power Station


Dr. Morgan explained that the early site permit is currently ongoing along with the review process for the two new units at the North Anna Power Station, which they recently held a public hearing on this topic. Dr. Morgan said that given the track record of the North Anna Power Station has in Louisa County with its commitment to promote safety and security in the community that the Board should consider forwarding this resolution supporting the early site permit request.  
 
The Board addressed this topic with Mr. Gentry expressing concern about why they were approving this now rather than waiting until the Nuclear Regulatory Commissions final audit report is completed in August before they take this position. Dr. Morgan responded that they had requested input and this would be considered as the Boards input for the process. Dr. Morgan said that they are not approving it from the NRCs point of view, but indicating that based on the information that they have received to date it would be reasonable to support.  

On motion of Dr. Morgan, seconded by Mr. Wright, which carried by a vote of 5-2, with Messrs Gentry and Purcell voting against, a resolution was adopted supporting the findings of the Nuclear Regulatory Commission Draft Environmental Statement.


Litigation in the Green Springs Area / Peter Blackman

Mr. Gentry said that in response to the statements that were made during the Citizens Information Period, he would like to add this topic to the agenda for the Board to hear an explanation from Chairman Barnes on what has taken place on this issue.

        On motion of Mr. Gentry, seconded by Mr. Purcell, which carried by a vote of 7-0, the Board agreed to add this item as a topic to the agenda.

Chairman Barnes explained that Peter Blackman, who is one of his constituents, is currently in litigation with the Historic Green Springs. Chairman Barnes said that he passed the information that he received from Mr. Blackman to the County Attorney as soon as he received it. Chairman Barnes said that he has had several phone conversations with Mr. Blackman, but has never met him personally.

After hearing this explanation, Dr. Morgan urged the Board to pass along any information that they receive to all members for something that is being requested that the County as a whole might become involved in.

COMMITTEE REPORTS


Mr. Harper said that he would like to comment on the inmate trash pickup topic that was previously discussed at one of their meetings. Mr. Harper said that there is legislation that has been introduced that would return the process to the old way that whereby the Superintendent would be able to use the inmates once he has received approval from the Judge, which they are hoping is approved. Mr. Harper said that the Jail Board sent a letter supporting this measure and they hope to have it in place by this summer.

BOARD APPOINTMENTS


There were no Board appointments made at this time.


COUNTY ADMINISTRATOR REPORT

Mr. Lintecum informed the Board that he has enclosed a letter that was received from the County Administrator of Hanover County in reference to the Countys Mutual Aid Agreement notifying them that they have adopted fees for rescue squad calls, which would be passed on to individuals in Louisa County for any emergency response calls they respond to in the County.

Mr. Lintecum informed the Board that he has enclosed a copy of their 2004 Goals and Objectives for their review should they want to establish an updated list for 2005.

Mr. Lintecum informed the Board that Mr. McLeod had sent the request for proposal for the staffing audit to each of them last week and asked if anyone had any recommended changes. Mr. Lintecum said that they had received responses from both Mr. Harper and Mr. Wright. The Board agreed to go forth with submitting the RFP for proposals.

The Board discussed the Mutual Aid Agreement in detail questioning if Louisa County would be able to charge fees for calls that they respond to in Hanover County, which Mr. Lintecum explained that if they were to charge fees to them, then they would have to charge everyone. The Board questioned how a contract could be changed half way through the term without having mutual consent and who would be responsible for paying for Pegasus or calls of that nature. Dr. Morgan said that he believes that this is something that EMSAL should consider with the primary concern being the provision of emergency services, which is dictated by the degree of care that is required. In conclusion, the Board agreed to keep the Mutual Agreement in place at this time and request input from EMSAL on the issue of reimbursement for services provided by the Hanover crews in Louisa County.  

CONSENT AGENDA


On motion of Mr. Gentry, seconded by Mr. Purcell, which carried by a vote of 7-0, the Board agreed to adopt the Consent Agenda for the scheduled public hearing that will be held on March 21, 2005.


On motion of Mr. Gentry, seconded by Mr. Purcell, which carried by a vote of 7-0, a resolution was adopted for a supplemental appropriation to the CIP for replacement vehicles in the amount of $6,800.


CORRESPONDENCE


Mr. Lintecum informed the Board that he has enclosed a letter from John Bennett, Secretary of Finance for the state of Virginia, regarding increased funding for park operations that was in response to the letter that he had sent at their request.

LEGAL CORRESPONDENCE


The Board did not discuss any legal correspondence.

APPROVAL OF MINUTES

        On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board adopted the minutes of February 7, 2005 as presented.

CLOSED SESSION


On motion of Dr. Morgan, seconded by Mr. Purcell, which carried by a vote of 7-0, the Board voted to enter Closed Session at 6:04 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 litigation in the Patrick Henry District.

2.        In accordance with §2.23711 (a) (1) of the Code of Virginia, 1950 as amended, for the purpose of discussion of personnel matters concerning personnel under the direction of the County Administrator.


REGULAR SESSION

On motion of Mr. Wright, seconded by Mr. Purcell, which carried by a vote of 4-0, with Messrs Gentry, Jennings, and Dr. Morgan out of the meeting room, the Board voted to return to Regular Session at 6:49 p.m.


RESOLUTION  CERTIFICATION OF CLOSED SESSION

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


WHEREAS, the Louisa County Board of Supervisors has convened a Closed Meeting this the 22nd day of February 2005, 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 22nd day of February 2005, that the Louisa County Board of Supervisors does hereby certify that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting was heard, discussed or considered by the Louisa County Board of Supervisors.


RECESS

On motion of Mr. Jennings, seconded by Mr. Wright, which carried by a vote of 7-0, the Board voted to recess the February 22, 2005 regular meeting at 6:50 p.m. until Wednesday February 23, 2005 at 7:00 p.m. for the joint public hearing with the Planning Commission that will be held in the Public Meeting Room of the Louisa County Office Building.



BY ORDER OF



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