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APRIL 6, 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, Administration; and Brittany Shupe, Records Clerk, Administration

CALL TO ORDER

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

CITIZENS INFORMATION PERIOD

Sylvia Rigsby Louisa District stated she was the current President of the Louisa Agricultural Fair.  Ms. Rigsby said it was brought to her attention in the original draft budget the $2,000 for the cultural Fair had been dropped.  Ms. Rigsby said would they like the Board to reconsider giving the $2,000.  Ms. Rigsby thanked the Board for their previous support of the Fair.  

Ms. Rigsby said the Fair was an annual event at the Fairgrounds.  Ms. Rigsby said the Fair promoted agriculture, community and public awareness.  Ms. Rigsby said they partnered with 4-H groups, FFA, Ruritan Club as well as others.  Ms. Rigsby said they have a pageant which promotes public speaking and gives them the opportunity to see Williamsburg, VA and compete in the State competition.  Ms. Rigsby thanked the Board and asked them to reconsider giving the $2,000 to the Agricultural Fair.

Mr. Harper said it would be matter discussed at the April 15, 2009 budget workshop and it would be reconsidered.


ADOPTION OF THE AGENDA

Mr. Harper said he would like to add a presentation by Donald Hart, President of VACo Board of Directors.  Mr. Harper said he would like to add a resolution declaring April 12-19, 2009 as KOVAR Days in Louisa County.  Mr. Harper said he would like to add a discussion/resolution establishing the terms and conditions of employment for the Department of Emergency Services.  Mr. Harper said he would like to add a close session.

        On motion of Mr. Barnes, seconded by Mr. Wright, which carried by a vote of 7-0, the April 6, 2009 agenda was adopted as amended.

PRESENTATIONS

Presentation Donald Hart, President of VACo Board of Directors

Mr. Hart said he was honored to stand before the Board and thanked them for allowing him to speak.  Mr. Hart said he brought greetings from Accomack County and VACo.

Mr. Hart said Louisa County was very important to the State of Virginia and to VACo.  Mr. Hart said Louisa County was one of 95 Counties in Virginia.  Mr. Hart said a lot of Louisa County Board Members were very active and came to a lot of the VACo meetings and he commended them.  

Mr. Hart said one of his goals was to develop a closer relationship with every county in the State and to be accessible.  Mr. Hart said he wanted Louisa to know who he was and where he was from.  Mr. Hart said he was 53 years old, he was on his 29th year on the Accomack County Board, and he had four children.

Mr. Hart said VACo remained a highly professional organization.  Mr. Hart said he believed the glass was half full and not half empty.  Mr. Hart said this year while he was President he wanted to make sure VACo remained a positive.

Mr. Hart said VACO had a hard time at the General Assembly.  Mr. Hart said VACo was still trying to get some of the stimulus money to  move from the bottom up.  

Mr. Hart asked the Board to speak to their Representatives and let them know Louisa was here.  

Mr. Hart said VACo was trying to get the current Governor and future Governor to veto any unfunded mandates.  Mr. Hart said no unfunded mandates came out of the General Assembly this time, which hadnt happened in a long time.

Mr. Hart said he was working on the equalization of cities, towns and counties.  Mr. Hart said counties were discriminated against.  Mr. Hart said the small towns had more rights than the counties.  Mr. Hart said hopefully it could be equalized in the future.  

Mr. Hart asked the Board to stay abreast of what VACo was doing and asked if they were not on the mailing list to please add themselves.  Mr. Hart said the updates on the stimulus package were also on the website.

Mr. Hart said Louisa County was important but if no one was at the table saying what the citizens need, no one would know.

Mr. Hart thanked the Board for the time to speak and said he was at their disposal, he just needed four hours to get here.

Mr. Harper thanked Mr. Hart for coming and for the commitment from VACo.

Mr. Gentry also thanked Mr. Hart.  Mr. Gentry said it seemed like the same things were talked about every year.  Mr. Gentry said that was frustrating to him but he knows they were doing all they could and he appreciated it.  

Mr. Hart said all they could do was try.

Presentation A resolution
of recommendation for Winston Evatt, Jr., for outstanding contribution to EMS

Mr. Mullen read the resolution and the Board presented the resolution to Steven Evatt, Mr. Evatts grandson.

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

Maintenance Work Completed:

·        Pipe Installation & Repairs:

o        Installed pipes on Routes 611, 634 and 727

·        Drainage Work and Complaints      

o        Corrected drainage issues on Routes 640, 613, 686, 615, 22, 669 and 644

·        Tree Limb Removal:

o        Routes 669, 711, 618, 605, 612, 656, 652, 700, 601, 701, 661, 609, 208, 743, 629, 640, 727, F-089, 611, 663, 622, 718, 698, 738, 804, 805, 664, 710 and 706

·        Pothole Repairs:

o        Routes 208, 74, 635 and 609

·        Dead Animal & Litter Pick-up:

o        Litter clean up at Park & Ride facilities

o         Litter/trash bag pick-up on Routes 669, 797, 780, 208, 22, 15, 644, 614 and 640

o        Dead animal pick up on Routes 522 (2), 608 (1), 609 (1), 635 (1) and Route 33 (2)

·        Grading Non-Hard Surface Roads:

o        Routes 714, 698, 699, 647, 716, 683, 711, 658, 755, 677, 665 and 645

·        Bridge Repairs & Maintenance:

o        Repair handrail on Route 669

o        Deck cleaning on Routes 699, 647 (2), 695 (2), 646, 605, 669, 640 (7), 637, 638, 617, 657, 658, 655, 613, 626, 607, 656, 635,    609, 701, and 601 (2)

o        Clean truss members on Routes 647, 699 and 695

o        Assist with truss inspection on Route 647

·        Sign Repair, Maintenance & Installation:

o        Repaired and/or installed signs on Routes 522, 33, 629, 602, 648, 701, 1215, 709, 1035, 614, 64, 1199, 618, 614, 701, 652,    1052, 798, 613, 727, 635, 648, 657, 745, 660, 639, 651, 605, 646, 615 and 730

·        Sign Studies

o        Installed new signs on Routes 625, 1199, 614, 636, 726 and 621

·        Emergency Operations:

o        Snow event February 28- March 3, 2009

o        Mud on Route 652

o        Tree down on Route 605

o        Debris and tree clean-up from snow storm on Routes 33, 15, 208, 250, 660, 615, 675, 639, 613, 600, 639 and 620

·        Other Work:

o        Mailbox repairs after snow removal operations

Maintenance Work Planned:

·        Pipe Installation & Repairs:

o        Repair pipe joint on Route 522 near Route 755 on shoulder

o        Open lead off ditches and pipes on Route 522

·        Tree Limb Removal:

o        Routes 669, 644, 605 and 766

·        Bridge Repairs & Maintenance:

o        Clean bridge decks and drains on Routes 601, 644, 646, 624, 663, 688 and 715

·        Dead Animal & Litter Pick-up:

o        Dead animal pick-up as needed

o        Pick up litter/trash bags as needed

o        Pick up trash at Park & Ride facilities

·        Other Work:

o        Cleaning of snow removal equipment

o        Handle customer complaints as needed

·        Sign Studies:

o        Routes 669, 614, 636, 726 and 621

Construction

Project Status Changed Since Last Month:

·        0644-054-278C-C501-B601, UPC 71908

o        Bridge Replacement Project SAAP, currently in the PE phase. Public hearing to be held on May 5th at the Louisa Residency Conference Room.

·        0739-054-P101-R201-N501, UPC 52185

o        Rural Rustic Project State Force, fully funded, awaiting final environmental clearance & final approval on scoping. Right of Way & Environmental is clear, and scoping package submitted and approved. Awaiting central office to open to construction.

·        0783-054-P65-N501, UPC 52186

o        Widen & Surface Treat Project State Force, fully funded. Waiting on scoping approval from Central Office.

·        0791-054-P01-N501, UPC 71907

o        Widen & Surface Treat Project State Force, re-evaluating estimate (lacking $18,000) to determine if current funding is enough to complete project. Project is fully funded. Ad date is 5/31/2012. Currently priority number 10.

·        0820-054-275-N501, UPC 80070

o        Rural Addition/Revenue Share Project State Force, fully funded, awaiting relocation of utilities. County is working with Utility Companies. Meeting held with REC, Verizon & Comcast for relocation of utilities on Rt. 820 on 2/25/09. REC is awaiting payment from Louisa County for relocation and then they will relocate. Verizon & Comcast are in the process of getting easements signed for relocation.

·        1115-054-P01-N501, UPC 64193

o        Widen & Surface Treat State Force, fully funded, awaiting final environmental clearance and completion of scoping package for final approval. E & S Plan has been approved and forwarded to Culpeper District Office to go along with scoping package, still awaiting for package to go Central Office.

Project Status Unchanged Since Last Month:

·        0649-054-270-N501, UPC 76183

o        Realignment Project SAAP, currently in the Right-of-Way and PE phase. Scheduled for construction in 2010.

·        0658-054-P86-N501, UPC 02462

o        Rural Rustic Project State Force, near completion. A logging operation started on the road prior to it being surface treated. Decision was made to stop construction until logging operation is completed. Logging operation still on-going.

·        0699-054-716-B646-P101, UPC 90310

o        Bridge Replacement Project SAAP, replace single lane truss structure. Scheduled for replacement in 2009.

·        EN03-254-114-P101, UPC 70312

o        Main Street Improvements, Town of Louisa Locally Administered and in the PE stages. Contractor has begun construction.

·        EN98-054-124-C503, UPC 88142

o        Trevilians Battlefield Pull-Off on Rt. 33. Locally Administered and currently under construction. Project is currently on hold due to improper insurance papers per contract requirements. Hopefully, by end of month county will have insurance requirements resolved.

·        EN05-254-123-P101, UPC 78233

o        Phase II Eastern Corridor Enhancement on Rt. 33 in Town of Louisa. Locally Administered and contractor scheduled to start in March.        


Traffic Engineering

Status Changed Since Last Month

Route

LocationRequestAction

22

@ Loudin LaneInstall Watch For Turning VehScheduled for installation

613

@ Rt. 687Install Watch For Turning VehScheduled for installation

614

Between Rt. 618 & Rt. 652Speed Study Reduce 55 to 45Scheduled for installation

618

Between Rt. 700 & Rt. 775Speed Study Reduce 55 to 45Request Denied Already 45

618

@ Rising Sun Com. CenterInstall Playground signsScheduled for installation

669

Between Rt. 613 & Rt. 742Speed StudyScheduled for installation

726

Between Rt. 636 & E.S.M.Speed StudyScheduled for installation

   

Status Unchanged Since Last Month

Route

LocationRequestAction

15

North of Rt. Install No U-Turn signRequest submitted

22

From Rt. 767 to Louisa T.LSpeed Study Reduce 45 to 35Request submitted

22

@ Rt. 780Perform Signal AnalysisRequest submitted

33

Main Street LouisaPedestrian Crossing pedestalsScheduled for installation

628

1 MW Rt. 33 to 2 MWSpeed Study Reduce 55 to 45Study Performed

675

Between Rt. 22 & A.C.L.Speed StudyAwaiting VSP concurrence

687

Between Rt. 522 & Rt. 613Deer Crossing SignsRequest Submitted

700

Between Rt. 652 & Rt. 618Speed/Safety StudyRequest submitted

706

Between Rt. 635 & E.S.M.Speed Study Reduce 55 to 25Request submitted

734

Between Rt. 635 & E.S.M.Speed StudyRequest Submitted



Permits and Land Development

             

Louisa County

Jan.Feb.MarYTD Total

Site Plan Review Subdivision/Commercial

312823

New Entrance - Commercial

54110

New Entrance - Private

106925

Total Permits Processed

9151842

Total Utility Permits Processed

44412

Inspection of New Subdivision Streets

1012

Inspection of New Entrances

591024

Miles of Streets Accepted Into System

4.8600.425.28

             


Mr. Glass said part of the Commissioner of VDOTs blueprint was to consolidate the Louisa Residency with Charlottesville and the other part of the blueprint would reduce the level of service.  Mr. Glass said mowing would be reduced.  Mr. Glass said most of the primary roads would get cut from the edge of the pavement twice this year, normally they mow past the ditch line three times a year.  Mr. Glass said some of the high level secondary roads would get one mow.  Mr. Glass said 95% of the secondary roads would not be cut.  Mr. Glass said they would just be cutting intersections on secondary road.  Mr. Glass said he just wanted to warn the Board because they would be getting a lot of calls.

Mr. Havasy said he had three citizens who live on the other side of the bridge on Route 695 and they couldnt legally haul anything across the bridge because it couldnt hold the weight.  Mr. Havasy said this project was necessary and he asked Mr. Glass to make a  few calls to see if he could get some funding directed towards the bridge.

Mr. Glass said he tried to get them to switch projects but it was too late.  Mr. Glass said engineering would be giving him a recommendation soon.

Mr. Havasy asked how much would it cost.  Mr. Glass said he wasnt sure but he would guess around $300,000.

Mr. Byers asked if it was life or death could they go across the bridge.  Mr. Glass said most bridges were set at a weight lower than what they could physically hold.  Mr. Glass said if it came to life and death they should cross the bridge.

Mr. Havasy said if the bridge collapses while they are on it who would be responsible.  Mr. Glass said they would be.

Mr. Gentry said he read several places that stimulus monies for transportation were being particularly centered on bridges.  Mr. Gentry said if that was happening then there may be some relief.  Mr. Glass said he didnt know how far down the stimulus monies would trickle.

Mr. Gentry said he thought permits and land developments would be taken care by Charlottesville if Louisa lost its Residency.  Mr. Gentry said however he recently read it would be taken care of by the Culpeper District Office, which would be even farther for the citizens of Louisa.  Mr. Gentry said there had been 438 cases already in the first three months of this year and those people would have had to travel to Culpeper.

Mr. Glass said they were talking about land development reporting to Culpeper District not necessarily going there.  Mr. Glass said he didnt have enough information to tell him anything definite.

Mr. Gentry said he asked Commissioner if the reason they were closing the Louisa Residency was because of funds and if that was the case he would like  someone to provide him with the figures.  Mr. Gentry asked Mr. Glass if he would dwell on that.  Mr. Gentry said if was a saving issue he would like to see the numbers otherwise it was just a political issue.

Mr. Gentry said as far the mowing that was the most ridiculous thing.

Mr. Mullen thanked VDOT and said the county just received the deeds of easement in the Walnut Woods matter.

Mr. Spencer said he talked to Butch Davies who was on the Commonwealth Transportation Board and he said Senator Houck could stop the Residency from closing.  Mr. Spencer said with the  two reporter sitting here maybe the information could get out to the public and citizens needed to get in touch with the Senator.

Mr. Harper said he appreciated the effort and wish them luck.

OLD BUSINESS

Discussion Drug Free Workplace Policy

Mr. Mullen said the Board would find the third draft of the policy in their Board Packet and the staff had tried to address all the concerns.  Mr. Mullen said they tried to make it both economical and efficient.  

Mr. Harper said he thought there was a lot of subjectivity in the policy and it opened the county up for a lot of challenges but the county had to start somewhere.  

Mr. Barnes said he commended the committee for thinking of an employee with a problem and having treatment available.  

Mr. Byers said he commended the group who worked on the policy.  Mr. Byers said if there was a problem the Commonwealth and County could help the employee get assistance.   Mr. Byers said the goal was to get employees in compliance and to get them healthy.

        On motion of Mr. Gentry, seconded by Mr. Spencer, which was carried by a vote of 7-0, the Board adopted a resolution authorizing the adoption of a Drug Free Workplace Policy.

NEW BUSINESS

Resolution Authorizing the purchase of two (2) lawn mowers

Mr. Spencer asked who was Ultra Touch Landscaping.  Mr. Mullen said they were in Mineral.

Mr. Spencer said he was going to vote against this because he has sold lawn mowers for years and knew what a commercial mower was and what wasnt.  Mr. Spencer said he had looked at this mower and the deck was too thin.

Mr. Gentry asked was there a comparison done.  Mr. Mullen said yes .  Mr. Mullen said the chosen mower was the result of a competitive bid process. Mr. Mullen said the mower was being sold as commercial mower.  

Mr. Mullen said Mr. Runnett has had a good experience with the mower and thankfully no one had been hurt.  Mr. Mullen said he spoke to Mr. Runnett, Mr. Linhares and Ms. Shelhorse about putting into place some safeguards.    

Mr. Byers asked did they look at the typical lifespan for a commercial mower.  Mr. Mullen said  five to six years has been put out there as industry standard.

Mr. Byers asked how long have the county been using the one they have.  Mr. Runnett said its been in service for a year with no mechanically difficulties.

Mr. Barnes said maintenance was the key and he thought the Board should move forward.

Mr. Havasy said if the person using it was satisfied, the Board should let them choose.

On motion of Mr. Barnes seconded by Mr. Wright, which carried by a vote of 5-2. with Messer Byers and Spencer voting against, the Board adopted a resolution authorizing the purchase of two (2) lawn mowers.

Resolution Authorizing a contract with Fire Protection Equipment Company

On motion of Mr. Gentry, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution authorizing a contract with Fire Protection Equipment Company.

Discussion/Resolution Establishing the terms and conditions of employment for the Department of Emergency Services

Mr. Mullen said it was very important to him that the County recruited the best of the best for the Firefighter/EMT positions.  Mr. Mullen read the entire resolution to the Board.  

Mr. Havasy asked where did number three come from (refraining from the on and off-duty use of tobacco products while employed with Louisa County Emergency Services.) and when did County Government start getting involved in peoples personal lives.

Mr. Mullen said it became important because of the statistics pertaining to heart and lung disorders.

Mr. Havasy asked why didnt they include candy and hamburgers.  Mr. Havasy said the government should not be stepping into peoples personal lives. Mr. Havasy said he would not be able to support this because of number three.  Mr. Havasy said the Fire Association was his committee and he had supported everything but he would not support this.

Mr. Mullen said if an employee did indulge in unhealthy eating habit that affected their ability it would be the same.

Mr. Havasy asked Mr. Mullen if he would agree that being the President of the United States was the most stressful job in the world.  Mr. Havasy said the President smokes two packs a day, was Mr. Mullen saying the President couldnt work for Louisa County.

Mr. Mullen said if the President wanted to work here as a Firefighter/EMT he would have to agree not to smoke.

Chief Dube said in his opinion refraining from smoking was the most important part.  Chief Dube said the Commonwealth of Virginia and the Federal Government have two separate line of duty death benefits that were under cancer presumption.  Chief Dube explained if a Firefighter died from cancer it would be presumed in Virginia as well as the Federal Government that it was because of their occupation.  Chief Dube said an autopsy would also be required and if it showed the person was doing something that could have caused the cancer their family would not likely get any of the benefits.

Chief Dube said it was very surprising to him the county didnt have this when he could name about 12 counties off the top of his head who did.

Mr. Havasy said he agreed 100% and he stopped smoking years ago but where would this stop.

Mr. Byers asked how defendable was the policy.  Mr. Mullen said it was very defensible to a court challenge.  Mr. Mullen said it would not be retroactive, those who were hired prior to the agreement would not be under the agreement.  Mr. Mullen explained that those who come after the agreement would know and have to agree.  Mr. Mullen said also people would self select whether they want to be under the agreement.  Mr. Mullen said the county does not want unfit Firefighter/EMTs.  

Mr. Byers said what process would be used to say if the employee was a smoker.   Mr. Mullen said initially it would be the honor system and because of the population that it would be apparent who were smokers and who were not.

Mr. Mullen said it was possible to test for but it wasnt currently in the drug policy.  

Mr. Byers asked if number six of the resolution was speaking of the Volunteer Fire Departments.  Mr. Mullen said it meant an employee would agree from participation with a Volunteer Organization that may be in violation to the Department of Emergency Services rules.

Mr. Gentry asked what was the Fire Association and EMSALs position on the policy.   Chief Dube said the policy was for career staff so it wasnt discussed with them.

Mr. Mullen said many of the studies did address the Volunteers but the county doesnt have any control over them so they did not seek their opinion.

Mr. Spencer said years ago the Hypertension Act was passed.  Mr. Spencer said any Police Officer, Firefighter and Rescue personnel that was diagnosed with hypertension it was deemed an on job injury.   Mr. Spencer said if anyone had a heart attack or stroke that worked for the county as a Firefighter/EMT it would the countys responsibility to pay for.  

Mr. Wright said he would abstain from voting because he would not vote on anything this important handed to him at the Board meeting that he hadnt had time to review it.
Mr. Wright said he liked the concept but he would not vote on it.

Mr. Barnes said he understands the overall concept but he wasnt comfortable telling employees what to do off the clock.  

Mr. Gentry said because it was a condition of employment he could support it.

Mr. Harper said he didnt think the Board would take action tonight because it was just given to them at the meeting.  Mr. Harper said he does support it but he did think it was subjective like the drug policy.

On motion of Mr. Byers, seconded by Mr. Spencer, which was carried by a vote of 6-1, with Mr. Gentry voting against, the Board voted to carry this resolution over indefinitely.

COMMITTEE REPORTS

Mr. Gentry said the Tipping Fee Committee did meet.  Mr. Gentry said they decided to consider gated communities the same way they considered the Town of Louisa.  Mr. Gentry said there was recommendation to increase the commercial tipping fee from $45 to $52 per ton.  Mr. Gentry said $52 was what adjoining counties were charging and that might stop some trash coming into the county because it was cheaper here.

Mr. Barnes said the committee felt they still needed to revisit some of the rates. Mr. Barnes said it seemed like a lot of people using the refuse sites that werent residents.

Mr. Byers said the focal point was for Blue Ridge Shores and the county had a number of other gated communities  Mr. Byers asked what would the gated communities have to do to get similar consideration.

Mr. Mullen said they didnt go as far as to open it to all gated communities, the resolution was to address the problem at Blue Ridge Shores.  Mr. Mullen said Blue Ridge Shore functioned pretty much like a town where it provided water for its residents and the HOA was mandatory.   Mr. Mullen said those other community would have to make a request.  Mr. Mullen said Blue Ridge Shores was different because they had one hauler who basically was willing to be accountable to the county.  Mr. Mullen said otherwise the opportunity for dishonesty would be high.

Mr. Barnes said not all the gated communities trash was brought to Louisa.  

Mr. Gentry said he thought a clause should be added to the resolution saying other gated communities could request a review.

Mr. Spencer said the whole idea was not just for Blue Ridge Shores and resolution did cover other communities.  Mr. Spencer said he thought the resolution should apply to any gated community that had a mandated HOA they had to comply with.

Mr. Havasy said how would this be policed.  Mr. Havasy said it was too open ended.

Mr. Byers said one approach would be to develop a criteria to make sure citizens were treated equally.

Mr. Gentry read from the resolution “Whereas
certain communities in Louisa County are closed and gated and function in many respects like towns by providing roads, water and solid waste sanitation services through the mandatory participation in homeowners association funded with fees associated with providing these services;” and said that would eliminate several subdivisions.

Mr. Mullen said the committee wanted to be closely tailored.

Mr. Byers asked who would manage this process.  Mr. Barnes said the county just hired a  Solid Waste Manager.

Mr. Mullen said he would send that person out to meet with HOA.

Mr. Spencer read from the resolution “tipping fees for residential solid waste collected from Blue Ridge Shores and delivered directly to the Louisa County Landfill by a single contractor who shall be required to comply with all reasonable regulations developed by the Director of General Services for Louisa County or his/her designee provided this can be done in such a manner that it is verifiable that no solid waste from any other community outside Blue Ridge Shores is co-mingled or mixed with solid waste from inside Blue Ridge Shores when transported to the Louisa County Landfill…”

On motion of Mr. Barnes, seconded Mr. Wright, which was carried by a vote of 7-0, the Board adopted a resolution setting tipping fees at the Louisa county landfill.

Mr. Wright said the “Louisa Inside and Out” would be on April 23, 2009 from 6:00 p.m. to 8:30 p.m. at the High School for the citizens to come out and ask questions to different county representatives.

Mr. Wright said Thomas Jefferson Planning District Commission has been looking for Director since last June.  Mr. Wright said the Committee found a person they thought would be very compatible.  Mr. Wright said he should be on board in the next 30 days.

Mr. Gentry said the VOL would have their Annual reception April 26, 2009 at 2:00 p.m. at the IGC.        

Mr. Mullen said there was about 20 people registered for Louisa Inside and out.

COUNTY ADMINISTRATORS REPORT

Mr. Mullen said the following were part of the County Administrator Report;
Moss-Nuckols Elementary School Generator Update
Citizens suit under the Clean Water Act (CWA)
Career Transition Workshops

Mr. Mullen said the county was asked by Verizon for buried cable easement with restoration near the McDonald Street Cell Site.  Mr. Mullen said staff did recommend doing so and it appeared to improve the efforts to improve broadband.  Mr. Mullen said Mr. Wright thought it would good to return the favor because Verizon gave the county an easement in 1998.

Mr. Byers asked what would happen if another company came and asked for comparable easement.  Mr. Mullen said the county could give it to them or not because this was a non exclusive easement to Verizon so others could co-locate within the same easement.

On motion of Mr. Wright, seconded by Mr. Spencer, which was carried by a vote of  7-0, the Board voted to grant Verizon a buried cable easement with restoration near the McDonald Street Cell Site.

Mr. Mullen said he and Chief Dube had been attempting to gather information regarding performance of some of the contracts the county has.  Mr. Mullen said Chief Dube has asked the Fire Association to provide training records and call report summaries as required by a 1991 contract.  Mr. Mullen said as of date the only Companies to comply were Zion Crossroads with both and Trevilians with just a call summary only.  Mr. Mullen said Chief Dube has also not received any training records from EMSAL.  Mr. Mullen asked the Board to help by asking the Fire & Rescue Organization in their District to assist the county in locating the information that was required under contract.

Mr. Mullen said the county requested by letter certain information concerning assets for emergency response in the county and to date the county has received very little response.  Mr. Mullen said the only replies have come from Zion Crossroad, Lake Anna Rescue, Bumpass Fire and Holly Grove.  Mr. Mullen said all the other Fire and Rescue Organizations had not responded and if he had requested the information under FOIA they would be required to produce it in about five days.

Mr. Byers asked what the real value of the information asked for.  Mr. Mullen said it had been suggested that the county should make some attempt to use existing equipment in the Stations and Fire Houses instead of buying new equipment.  Mr. Mullen said the request also came about when the county was trying to get the land straight for the Fire Training Building and was told there was a long term lease for the property, which was never produced.  Mr. Mullen said contrary to the belief of some the equipment belonged to the citizens of the county and when people asked what Louisa has as far as emergency response equipment, he would like to be able to give them an answer.

Mr. Spencer asked would the system tell who was running calls.  Chief Dube said the CAD system only recorded the calls that were dispatched, the companies that were dispatched and the time frame they were on the call.  Chief Dube said it was the Companies were responsible for submitting their individual call reports.

Chief Dube said the information was available on the EMS side because of Revenue Recovery but it was not currently available on the Fire side.

Mr. Harper asked did the money the Fire Association got every year have to do with any of that.
Chief Dube said no.

Mr. Byers said the Board also needed to recognize that a lot of times they have staff and just dont get the call.

Mr. Gentry said Chief Dube has excellent relationship with EMSAL and the Fire Association why couldnt he get the information.

Chief Dube said he didnt know and he had asked several times.

Mr. Gentry said if Chief Dube has a good relationship with them and cant get them and the Board Members were kind of out of the loop what difference could they make.

Mr. Spencer said Board Members should have some relationship with their Fire Chiefs.  

Mr. Harper said it was about service for citizens.  

Mr. Byers said he liked the structure manner the Chief and Mr. Mullen were going about this.

Mr. Barnes said he received and email at 11:15 p.m. on Friday and he forwarded the email to Bob Hardy at 11:30 p.m. and Mr. Hardy answered the email by 11:45 p.m. that same night on his personal time.  Mr. Barnes said just wanted to recognize him and thought was outstanding.

CONSENT AGENDA ITEMS

Resolution commending James Gutekenst on receiving the Boy Scouts highest award of Eagle Scout

        On motion of Mr. Gentry, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution commending James Gutekenst on receiving the Boy Scouts highest award of Eagle Scout

Resolution commending Jacob Harlow on receiving the Boy Scouts highest award of Eagle Scout

        On motion of Mr. Gentry, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution commending Jacob Harlow on receiving the Boy Scouts highest award of Eagle Scout

Resolution proclaiming April 2009 as Fair Housing Month in Louisa County

        On motion of Mr. Gentry, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution proclaiming April 2009 as Fair Housing Month in Louisa County

Resolution Declaring April 12-19, 2009 as KOVAR Days in Louisa County of Louisa

On motion of Mr. Gentry, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution declaring April 12-19, 2009 as KOVAR Days in Louisa County of Louisa

CORRESPONDENCE

Mr. Byers asked what was the conclusion about the separation of General District and Juvenile Courts.  Mr. Mullen said there may be enough justification for the Compensation Board to pay for an additional Clerk but if not the burden would definitely fall on the County.  Mr. Mullen said Major Lowe said he thought a part-time position would be needed and the Compensation Board would not pay for it.  

Mr. Byers asked was this something being considered in the budget process.  Mr. Mullen said they could, but the Supreme Court hadnt acted and he hadnt received any other correspondence.

Mr. Barnes said he would abstain because he would like to wait for an answer from the Supreme Court.

Mr. Byers asked what would happen if they received a letter from the Supreme Court.  Mr. Barnes the Board would have to comply.  

On motion of Mr. Gentry, seconded by Mr. Spencer 5-1-1, with Mr. Byers voting against and  Mr. Barnes abstaining, the Board voted to send a letter to the Supreme Court letting them know they opposed the separation of courts.

APPROVAL OF BILLS

Mr. Byers said CSA was over $200,000 and asked when would the county get the proposal from the CSA Committee.  

Mr. McLeod said the recommendation was made on March 10, 2009 to the Board and there was funding in the budget for the recommendation.

Mr. Byers said he was under the impression there would be an formal document sent to the Board.  Mr. Mullen said he was also under that impression as well and he would find out.

Mr. Harper said the Board did a continuance to allow them more time so someone need to talk with the consultant.

        On motion of Mr. Barnes, seconded by Mr. Wright, which carried by a vote of 7-0, the Board adopted a resolution approving the bills for the second half of March 2009 for the County of Louisa in the amount of $592,038.26.

APPROVAL OF MINUTES

        On motion of Mr. Barnes, seconded by Mr. Spencer, which carried by a vote of 7-0, the Board adopted the minutes of the  March 10, 2009 Board/CSA Workshop meeting.

On motion of Mr. Barnes, seconded by Mr. Spencer, which carried by a vote of 7-0, the Board adopted the minutes of the March 11, 2009 Budget Workshop.

On motion of Mr. Barnes, seconded by Mr. Spencer, which carried by a vote of 7-0, the Board adopted the minutes of the March 16, 2009 meeting.

CLOSED SESSION

On motion of Mr. Spencer, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board voted to enter Closed Session at 6:43 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.

REGULAR SESSION

On motion of Mr. Wright, seconded by Mr. Spencer, which carried by a vote of 7-0, the Board voted to return to Regular Session at 7:00 p.m.

RESOLUTION - CERTIFICATION OF CLOSED SESSION

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

PRESENTVOTE
Dan W. Byers Yes
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

WHEREAS, the Louisa County Board of Supervisors has convened a Closed Meeting this 6th Day of April 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 6th Day of April 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.

PUBLIC HEARINGS

Public Hearing: On a resolution to be considered for adoption by the Louisa County Board of Supervisors signifying its intention to create a joint water authority, pursuant to § 15.2-5100 et seq. VA Code Ann.  The purpose of the resolution is to create the James River Water Authority, a joint water authority with Louisa County, to acquire, purchase, finance, construct, reconstruct, operate, and maintain facilities for developing a supply of potable water for Fluvanna County and Louisa County.

Mr. Hines said they were here to have a public hearing for the proposed Joint James River Water Authority.  Mr. Hines showed the Board and explained a copy of the most up to date version of the route layout.

Mr. Hines said estimated cost was $45 plus an extra $3.8 for the Fort Union Connector requested by Fluvanna making $48.8 million the total.

Mr. Mullen said there was a written comment from Peggy U. Flick for the Board to consider for public comment.

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

Mr. Gentry said he voted against the first resolution where the Board chose the member and would like to vote for this and he wanted to make sure there was no conflict.  Mr. Mullen said it would fine.

On motion of Mr. Barnes, seconded by Mr. Spencer, which carried by a vote of 7-0, the Board adopted a resolution signifying the intention of the Board of Supervisors of the County of Louisa to create a Joint Water Authority under the Virginia Water and Waste Authorities Act and setting forth its Articles of Incorporation

         Mr. Harper said Mr. John Thomasson was one of the Members voted to serve on the Joint James Water Authority and he was present at the meeting and he just wanted acknowledge him.

Mr. Spencer welcomed Mr. Thomasson.

Pubic Hearing: On the adoption of a proposed resolution authorizing the issuance by Louisa County, Virginia (the “County”), without a referendum, of general obligation bonds and pledging the full faith and credit of the County thereto (the “Bonds”).  The Bonds will be sold to the Virginia Public School Authority to finance capital projects for school purposes, namely, a portion of the costs of the acquisition, construction and equipping of a new elementary school to be known as the Moss-Nuckols Elementary School.  The Bonds will be issued in an aggregate principal amount not to exceed $16,000,000.

Mr. Mullen said their Bond Counsel was at the meeting and asked Mr. Steve Johnson to introduce himself.

Mr. Steve Johnson of Troutman Sanders Law Firm introduced himself.  Mr. Johnson said the resolution was similar to what the Board had done before for school projects.  Mr. Johnson said the VPSA issued their own tax exempt bonds, which have a AA rating.  Mr. Johnson explained they then use the funds from the purchase of their bonds to purchase bonds that were issued by various localities that were participating in the VPSA program.  Mr. Johnson said the interest of the VPSA gets on their bonds are passed through to the locality so they would have the interest rates the locality paid plus five bases points as an administrative fee.  Mr. Johnsons said they were looking to price the bonds in a couple of weeks and close on May 7, 2009.  Mr. Johnson said after May 7th the proceeds would be available for constructional needs.

Mr. Byers asked about the five bases points.  Mr. Johnson said if the rate was 4% the county would pay 4.05%.  Mr. Johnson said in the past the administrative fee was one tenth of one percent.  Mr. Johnson said this year the points were reduced from ten to five.

Mr. Harper asked how were the bonds moving.  Mr. Johnson said they were selling pretty well.

Mr. Gentry asked why werent they AAA bonds.  Mr. Johnson said AAA bonds were reserved for the Commonwealth general obligation and certain localities that were AAA rated.  Mr. Johnson said VPSA didnt have the backing like the Commonwealth of Virginia.

Mr. Gentry asked would it help if the county had a AAA rating.  Mr. Johnson said with localities that were AAA rated they didnt get any benefit going through VPSA.  Mr. Johnson said Louisa didnt have a rating so it an advantage for Louisa to go through VPSA.

Mr. Harper asked was there any relevance to the denomination versus what ever may go into the pool.  Mr. Johnson said not for purposes of the pool program.  

Mr. Spencer said this needed to be quick if it needed to be in Richmond by Wednesday.  Mr. Johnson said the Bond Sale Agreement needed to be back and he could have it hand delivered.  

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

Mr. Byers asked had the Schools commented on this.  Mr. Mullen said no.

Mr. Gentry asked why did he think all the county would be borrowing was $14 million.  Mr. McLeod said a few years back it was $14 but with the new cost they thought $16 would be a good number.

On motion of Mr. Barnes, seconded by Mr. Wright, which was carried by a vote of 7-0, the Board adopted a resolution authorizing the issuance of not to exceed $16,000,000 general obligation school bonds of the county of Louisa, Virginia, series 2009a, to be sold to the Virginia public school authority and providing for the form and details thereof.

RECESS

On motion of Mr. Wright, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board voted to recess the April 6, 2009 meeting at 7:16 p.m. until April 15, 2009 at 6:00 p.m.


BY ORDER OF


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