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SEPTEMBER 15, 2008
6:00 P.M.


Board Present: Fitzgerald A. Barnes, Dan W. Byers, Willie L. Gentry, Jr., Willie L. Harper, Richard A. Havasy, P.T. Spencer, Jr. and Jack T. Wright
Others Present: C. Lee Lintecum, County Administrator; Ernie McLeod, Deputy County Administrator; Sharon Pandak, Acting County Attorney; Dale Mullen, County Attorney; Bob Hardy, Director of Information Technology; Robert Dubé, Fire Chief; Jane Shelhorse, Director of Parks and Recreation; Amanda Reidelbach, Office Manager, Administration; Alyson Simpson, Acting Deputy Clerk and Brittany Spaur, Records Clerk

CALL TO ORDER

Chairman Harper called the September 15, 2008 regular meeting of the Louisa County Board of Supervisors to order at 6:00 p.m.  Mr. Spencer led the invocation, followed by the Pledge of Allegiance.

CITIZENS INFORMATION PERIOD

Ms. Janey Hopkins - Jackson District stated she was a member of the Mineral Rescue Squad and she came before the Board tonight to speak about the difference between hard billing and soft billing.  Ms. Hopkins stated, as a member of the Revenue Recovery Committee, she knew people were against the program from the beginning.  Ms. Hopkins said as discussion went on, people began to understand the program a lot more, especially soft billing, and they became accepting of it.  Ms. Hopkins stated the program had to be explained to a lot of people, but Ms. April Lowe did a great job with that and with reaching the public.  Ms. Hopkins said when she explained that soft billing would be included in the proposal to the Board to be approved, she was told several times that she was wrong and not to believe it.  Ms. Hopkins said she did believe soft billing was the way and now she is being told different.  Ms. Hopkins stated Louisa County had a lot of honest, hard-working people with great morals.  Ms. Hopkins said there are some people that are not that way and they will not pay their bills, even with hard billing.  Ms. Hopkins said they are simply not going to pay.  Ms. Hopkins said she thinks the people who are honest are going to pay and she does not think its fair to condemn everyone in the County by saying we dont think the bills will be paid so we are going to have hard billing with collections.

Mr. Halsey Green - Louisa District stated he was here tonight to speak about what he read in the paper about the proposed dog barking ordinance.  Mr. Green said as he looks at the proposed ordinance, he wants to say that the County has enough trouble enforcing the junk car ordinance and wondered how the County was going to afford to enforce a barking dog ordinance.  Mr. Green said the junk cars will still be sitting there, not moving, and the dogs will be who knows where.  Mr. Green stated during hunting season, hunters let their dogs loose and they stir up other dogs by running all night and he feels that the proposed ordinance will be unenforceable.

Mr. Garland Nuckols - Louisa District said he was here tonight to address two things.  Mr. Nuckols said he did not know anything else about the dog barking ordinance coming up for discussion again until he saw Mr. Barnes on television earlier in the day.  Mr. Nuckols stated that this County is in the country and there will be a certain amount of dogs barking no matter what anyone tries to do.  Mr. Nuckols said dogs usually bark when someone elses stray dog runs around and stirs up dogs.  Mr. Nuckols said he feels that if the County is going to adopt the barking dog ordinance, they also need to look at the stray dog ordinance and how they will be enforcing that.  

Mr. Nuckols said the Revenue Recovery hard billing was originally advertised as soft billing.  Mr. Nuckols said he had 26 phone calls over the weekend from Saturday night to Sunday night about Revenue Recovery.  Mr. Nuckols said he feels the County advertised the Revenue Recovery program as one way and we should probably keep it that way.  Mr. Nuckols said the people who are going to pay their bill are going to pay it anyway and the ones who are not going to pay are not going to pay.  Mr. Nuckols asked that the Board carry forth with what was originally advertised and that they think about the dogs barking and the hardship on the people.

Ms. Gail Massey - Louisa District stated she was coming before the Board tonight to follow up on a letter that her husband originally read to the Board and was received by them from the Louisa DSS.  Ms. Massey said the letter declared that she and her husband would no longer be utilized as a foster home.  Ms. Massey said their certification as a foster home is good through March 31, 2010 and she had a copy of her certificate with her if anyone was interested in seeing it.  Ms. Massey said the letter cited that because she and her husband had filed legal action against DSS and because her husband served on the local DSS Board, they could no longer continue to be foster parents.  Ms. Massey said she had tried to resolve this matter the same way she had tried to solve the last matter with DSS to no avail.  Ms. Massey said she had to get attorneys involved and they won their case in a 5.5-hour hearing.  

Ms. Massey stated contact had been made to the local DSS after receiving this latest letter and she requested that information be forwarded to her in order for her to appeal.  Ms. Massey said nothing was received from the local DSS agency until after the deadline had passed.  Ms. Massey said she had filed a letter with the Louisa DSS as well as the Virginia State DSS within the 30-day period.  Ms. Massey said confirmation on their appeal has been received and they will be notified of the hearing date.  Ms. Massey said Mr. Paul Oswell still did not provide any information.  Ms. Massey stated she had received a letter from Mr. Anthony Conyers, the Commissioner with the Virginia State DSS, stating that she was eligible for her appeal even though she had received a letter from Mr. Paul Oswell stating that they were not eligible.  

Ms. Massey said she comes before the Board tonight as a taxpayer.  Ms. Massey stated she heard that Mr. Oswell told the Board that support petitions are taken out on the parents of the children that are taken into care.  Ms. Massey said unfortunately, she was here to let the Board know that they do not.  Ms. Massey said support petitions are not automatically done and they are done on a case-by-case basis, which explains why so much money is going out and so little money is coming in.  Ms. Massey said as a taxpayer, she would like to know why the support petitions are not being done and why Mr. Oswell said they are.  Ms. Massey stated that none of this information is confidential and can be reviewed at the local JDR Court.  Ms. Massey said that this does not matter to Mr. Oswell because he lives out of the County and he is not a taxpayer in Louisa County.  

Ms. Massey stated she even knew first hand of a case where a biological mother, whose son was in the care of Louisa DSS and a support petition was never done, and the mother continued to receive the sons social security check as the father was deceased.  Ms. Massey stated that the voters of Louisa County had elected the Board of Supervisors to oversee tax dollars and how they are being spent.  Ms. Massey asked the Board that instead of just taking the information provided to them by Mr. Oswell, that they get documentation because she feels that Mr. Oswell is not an honest individual.  Ms. Massey stated that in an open Board meeting, Mr. Oswell called the former County Attorney, Mr. Pat Morgan, incompetent.  Ms. Massey said she wondered if the cases that Mr. Oswell was involved in at court are going to be jeopardized.  Ms. Massey asked that Mr. Oswell provide documentation and information to the Board before they approve his requests for additional funding.

Ms. Pamela Morris - Louisa District said she came to read a letter to the Board, but could tell that Ms. Gail Massey was more than capable of defending herself.  Ms. Morris said her letter makes reference to and attaches letters that have come from Louisa DSS to the Masseys.  Ms. Morris stated she was still dissatisfied with this matter and saw no resolve.  Ms. Morris stated she did not attend the September 2, 2008 meeting, but she understood that Mr. Paul Oswell came before the Board to request additional funding and that a new committee was formed to complete a study regarding the price of CSA programs in the County.  Ms. Morris said this committee was made up of Jack Wright, Board of Supervisor member and Louisa DSS Board member, Ernie McLeod, Deputy County Administrator, Jack Gallagher, Community Attention Administrator, and Paul Oswell, Director of Louisa DSS and CMPT Chairman.  Ms. Morris stated she thinks to herself about how this study is going to be impartial and allow for new input.  Ms. Morris said some of these very people appointed to this committee have already been in a position to have input on a failing financial situation.  Ms. Morris asked if the Community Attention program already received funds from CSA for foster children placed in their program.

Ms. Morris stated she had requested copies of the Louisa DSS budget and CSA budget from Mr. Paul Oswell.  Ms. Morris stated she received copies of both budgets along with a cover letter from Mr. Oswell which stated “When I go before the Board requesting supplemental funding for CSA, I do so as the Chair of the Community Policy and Management Team (CPMT), not as the Director of DSS.  Despite the belief of many, CSA is not a DSS program.”

Ms. Morris stated Congress, the Virginia General Assembly, and the Administration for Children and Families (ACF) demand accountability.  Ms. Morris said the Virginia DSS and local programs must show that we are maximizing the use of limited funds.  Ms. Morris stated essentially, localities need to submit complete and accurate data as requested and when due.  Ms. Morris said included in these reports is a signature page, which consists of and requires two signatures.  Ms. Morris stated one of these signatures is the CMPT Chairman and the other signature is the local Director of Social Services.  Ms. Morris said she was informed by Mr. Oswell that both of those signatures come from him.

Ms. Morris asked the Board to look at the position that Mr. Oswell is currently in.  Ms. Morris stated Mr. Oswell has such an advantage over how the CSA funding is spent and now his position is assessing the situation of CSA funding.  Ms. Morris asked if Mr. Oswell also made this presentation to FAPT as well.

Ms. Morris said she wondered where the checks and balances were.  Ms. Morris said she also wondered what we could do right now to avoid misinterpretation that may exist when it comes to exactly what position Mr. Oswell is in when presenting and requesting funding situations to the Board.  Ms. Morris said it is a great deal of responsibility to expect any one person to do in an effective manner.

Ms. Denise Watkins - Albemarle County stated she was the new Case Manager for the Shelter for Help in Emergency.  Ms. Watkins stated October 2008 is Domestic Violence Awareness Month and that support from the Board would help engage the local community and would further the mission to end domestic violence in each community served by the Shelter.  Ms. Watkins said the Shelter for Help in Emergency is the only agency that provides comprehensive services to victims and children of domestic violence in the Planning District 10 area.  Ms. Watkins stated the Shelter serves the City of Charlottesville and the five surrounding Counties Albemarle, Fluvanna, Greene, Louisa, and Nelson.  

Ms. Watkins indicated that the purpose of the Shelter was not only to provide a home to victims of domestic violence seeking a safe place from their abusive partners, but also to provide a 24-hour hotline, counseling services, legal advocacy, children activities, volunteer programs and educational opportunities.  Ms. Watkins said the Shelter has not always been able to provide the quality and quantity of services that they do now because when the Shelter first opened 29 years ago, the only service offered was the hotline.  Ms. Watkins added that with support over the years, the Shelter has grown and has been able to expand the services offered to meet the growing needs of clients and communities.  Ms. Watkins noted that the Shelter is probably best known for providing a safe residential facility for those needing to escape an abusive home or relationship.  Ms. Watkins stated the Shelter for Help in Emergency is so much more than just a facility and support has helped build resources to help those who seek services each and every day.  Ms. Watkins said she believes that together we can help make a difference in the lives of women, children, and men who seek services from domestic violence in our area.

ADOPTION OF THE AGENDA

Mr. Harper stated he would like to add a resolution recognizing Louisa County Sherriffs Office K-9 Officer Annie.  Mr. Harper stated he would like to add two resolutions under the Legal section; one to address the Hargrove issue and one to address the Hartung issue.  Mr. Gentry said he would like to add a discussion and possible motion for LAACs buoy application for four (4) buoys on the warm side of Lake Anna.  Mr. Byers stated he would like to add a discussion on County vehicle markings.

        On motion of Mr. Barnes, seconded by Mr. Wright, which carried by a vote of 7-0, the September 15, 2008 agenda was adopted as amended.

PRESENTATIONS

Ellen Wright

Mr. Harper read a resolution recognizing Ellen Wright for her years of service with the Commission on Aging and presented a copy of the framed resolution to her.

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

Maintenance:

Construction:

Land Use:

Traffic Engineering:

Other Business:

Mr. Barnes thanked Mr. Glass for his supporting crews and staff.  Mr. Barnes asked that he be provided with the right of way signature forms for Macedonia Church because the church trustees had been updated and he needed to get the signatures.

Mr. Spencer asked what the current speed limit was on Meadow Avenue.  Mr. Glass stated the road was currently unposted.  Mr. Spencer asked if it was supposed to be 25 mph.  Mr. Glass said he believed it was supposed to be 25 mph and research was being done to see if a speed limit was ever posted.  Mr. Glass said if not, then most likely VDOT would go ahead and post it.  Mr. Spencer asked if VDOT would have to do a full traffic study.  Mr. Glass said VDOT would not have to do a full fledge traffic study.  Mr. Glass stated he had some authority to go ahead and post most town and subdivision streets at 25 mph.

Mr. Spencer asked how the Walnut Woods project was coming.  Mr. Glass said he heard word earlier that the District office has approved all of the deed work and they should be proceeding soon.

Mr. Gentry mentioned the three speed studies that were denied because of the 85
th percentile.  Mr. Gentry stated it is difficult to explain that rule to people.  Mr. Gentry requested that in the future, the VDOT report please explain the reason for denial and possibly provide more detail.

Mr. Gentry spoke about the speed study on Route 655 Bethany Church Road with the possibility of VDOT placing school signs.  Mr. Gentry stated even if the flashing school signs are put up, the speed limit should probably have been reduced anyway because of the young school children.  Mr. Gentry stated kids are coming to that school all the time, not just at certain times of the year.

Mr. Glass stated the 85
th percentile rule means that, during the speed study, it was determined that the majority of the motorists on the specific road are ignoring the current speed limit, no matter what that may be.  Mr. Glass stated the logic is that if the majority of motorists are ignoring the current speed limit, they are certainly going to ignore a reduced speed limit.

Mr. Gentry stated another part of the 85
th percentile rule is that motorists are usually going to drive based on the current road conditions.

Mr. Havasy thanked Mr. Glass for quickly getting started on the Zion Crossroads project with the traffic study and the teardrop overhead lights on the corner where its dark coming off of the motel.

Mr. Havasy asked Mr. Glass about the bridge on Hamilton Road (Route 695) going across the South Anna River.  Mr. Havasy said there are farmers who are upset about not being able to take their tractor across that bridge and he wanted to know what the current status is on the progress for that bridge.  Mr. Glass stated the farmers are not the only ones who are upset because the school buses cannot cross the bridge either.  Mr. Glass said currently the reduction is holding and he is speaking with his District bridge section to see if there is some way possible to shore that bridge and temporarily get the weight limit up until the bridge can be repaired.  Mr. Glass stated the weight limit just had to be at a ton or two tons in order to get the school buses across.  Mr. Glass stated this particular bridge was a truss bridge and that type is harder to repair than a typical wooden bridge.

Mr. Byers thanked Mr. Glass for working on the speed study on Bethany Church Road (Route 655) and asked Mr. Glass if he had an update on Plumtree Road (Route 739).  Mr. Glass said VDOT would be proceeding with that project.  Mr. Glass said VDOT finally got a commitment from the developer and it will probably be next summer before things get started because of the economy.

Mr. Byers asked Mr. Glass about Route 601 at Snelsons.  Mr. Glass stated VDOT had no money to fund that project and it didnt look like they would be receiving any money for that project, especially after the cut in VDOT budgets.  Mr. Glass said VDOT could go through the process and acquire the necessary right-of-way, but it would be hard to tell when the funding would be provided.  Mr. Byers said he would recommend going through with obtaining the right-of-way because he felt the landowners were now willing to.  Mr. Glass stated when looking at the six-year plan next time, one possible option would be to pull money off of another project and place on this project.

Mr. Spencer said the Town of Louisa is here tonight about the raised pedestals on the sidewalks and wanted to know the status of that project.  Mr. Brian Marks, Town of Louisa Manager, stated he was actually here tonight to talk about the reallocation of the six-year plan for Cutler Avenue (Route 1008).

Mr. Glass stated more restrictions had been placed on that project, which had pretty much shut down the project.  Mr. Glass explained that in order to get the sidewalks in, the road would have to be widened and a two to three-foot shoulder would have to be built across the road.  Mr. Glass stated there would be no way to do that without acquiring additional right-of-way.  Mr. Glass stated there had also been citizen opposition to just placing the sidewalks and they would expect more opposition if having to do greater than that.  Mr. Glass stated VDOT recommended shutting down the project and finding other projects within the Town of Louisa to transfer the funds to.  Mr. Glass stated the Town of Louisa had created a resolution identifying other projects and supporting the transfer of funds and they were looking for support from the Board.

On motion of Mr. Spencer, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution reallocating funds on the six-year plan for secondary roads in Louisa County.

Mr. Harper clarified that there was no new money being provided.  The motion was to endorse the resolution from the Town of Louisa to transfer existing funds.

Mr. Wright said he wanted to comment about the speed study on Cross County Road (Route 522).  Mr. Wright said a study that was prepared called Cross County Road (Route 522) a flat, straight road and he wanted to comment that there is no flat, straight area on Cross County Road (Route 522).  Mr. Wright wanted to know who came up with the flat, straight road.  Mr. Glass stated the traffic technician who performed the study is listed on the front page of the study.

Mr. Lintecum stated there was a letter from the Reviewer and Project Coordinator with VDOT returning to private ownership some right-of-way for a total of four (4) parcels.

On motion of Mr. Barnes, seconded by Mr. Spencer, which carried by a vote of 7-0, the Board made a motion to accept the surplus properties from VDOT.

OLD BUSINESS

Discussion - Revenue Recovery Compassionate Billing Policy

Ms. April Lowe stated at the September 2, 2008 Board meeting, the Board requested that the Revenue Recovery Compassionate Billing Policy be revised to include a requirement that all hardship requests be accompanied with documentation to substantiate annual household gross income.  Ms. Lowe said most counties require at least one of the following documents for each hardship request and she recommended that Louisa require the same with the approval of the Board.

Ms. Lowe stated the Board also requested information regarding a possible appeal process.  Ms. Lowe stated she had contacted seven counties, none of which had an appeal process.  Ms. Lowe said because of the lack of comparison data and on the recommendation of the Interim County Attorney, she requested that an appeal process be excluded from the Countys Compassionate Billing Policy at this time, with an option to implement at a later date at the Boards discretion.

Ms. Lowe said to somewhat offset the need for an appeal process, she had clarified the income guidelines to take into account the number of all household residents and all income sources.  Ms. Lowe said she had listed these income clarifications under the “Procedures” section of the Compassionate Billing Policy.  Ms. Lowe
requested that the Board motion to approve the Compassionate Billing Policy with an effective start date of October 1, 2008.

Mr. Spencer asked Ms. Lowe who is currently exempt from this program right now.  Ms. Lowe stated that any members who are in the subscription program are exempt as well as fire and rescue members and deputies.

Mr. Spencer asked if fire and rescue members and deputies were exempt from the $65 fee and the transport fees.  Ms. Lowe said yes, they were exempt from those fees.  Ms. Lowe stated, however, that if those members were transported, their insurance company would be billed.

Mr. Spencer stated when he was coming out of church last night, an 84-year old woman fell and hit the deck.  Mr. Spencer said the first thing he thought of while the ambulance was being called was that this lady could not afford outrageous fees and it would probably take a couple of days to explain to her what she needed to do to get the exemption.  Mr. Spencer said this policy had now taken a life of its own.  Mr. Spencer stated when the program first started out, the insurance companies would be billed, and we would have some exemptions.  Mr. Spencer said all of a sudden at the last meeting, the County discussed turning people over to collections if the bills are not paid.  Mr. Spencer stated if anyone is going to be exempted from the program by the County, we should exempt our senior citizens.

Mr. Byers stated in the initial soft billing, the County would make three attempts to contact someone and collect the fee using letters.  Mr. Byers said if there was no response then that would be the extent of the process.  Mr. Byers stated with the process the Board was considering at hand, it seems that there will be a third party involved in the billing.  Mr. Byers asked who would be handling the collections.  Ms. Lowe said if three bills were sent and not paid and the Revenue Recovery office is not contacted, the bill will be turned over to the Treasurers Office.
Mr. Byers stated he believed that Ms. Janey Hopkins was correct when she said the County initially discussed the soft billing process. Ms. Lowe said that was correct.

Mr. Barnes thanked Ms. Lowe for what she had contributed to the Revenue Recovery program and he supported what Ms. Janey Hopkins had said.  Mr. Barnes said everyone had to understand why this program was brought up.  Mr. Barnes stated the County was looking for another source of revenue to help offset costs.  Mr. Barnes said he thought the County should stick with what was initially discussed with the Revenue Recovery program and the true meaning of compassionate billing. Mr. Barnes pointed out that this is Louisa Countys first try with this policy and the County has to start somewhere.  Mr. Barnes said he believes the County should maintain what was originally intended for this program and try to go from there.  Mr. Barnes stated if there were problems with the program after one year, the Revenue Recovery Committee should revisit the possibilities.

Mr. Havasy said the Revenue Recovery committee was one of his committees and there was a fear that something like this would happen from the beginning.  Mr. Havasy stated the original intent of the Committee was compassionate billing and he wanted to motion to go back to that.  Mr. Havasy said he felt that the original proposal of compassionate billing would handle all the concerns of the elderly and of those who are unable to pay.  Mr. Havasy stated he agreed with Ms. Janey Hopkins that this County is blessed with many people who are honest and he felt the County should go back to the original process until that process is proven wrong.

Mr. Harper clarified what Mr. Havasys motion was.

Mr. Wright pointed out that the County was already operating the Revenue Recovery program that way and no action or motion was required to continue to operate that way.

Mr. Havasy stated that he was okay with that.  Mr. Havasy said that he just wanted everyone to know that the County was back to the original policy of compassionate billing.

Mr. Harper stated that Mr. Havasy withdrew his motion.

Mr. Gentry said when it comes to Revenue Recovery he wants to get the recovery from the insurance companies and felt there should be no other charges to the citizens, including the $65 subscription fee.  Mr. Gentry stated he felt there were three things in this County that taxes pay for and they are fire, rescue, and safety.

Mr. Barnes asked that there be a 12-month review of the Revenue Recovery program and at that time staff can come forward with any concerns or issues.

Mr. Harper asked Ms. Lowe to continue to provide the monthly Revenue Recovery report to the Board, but alter the report to show the number of billings and no responses.

Mr. Byers stated he felt that one important thing was the break down of the age categories when looking at the layout of who purchased the subscription plan.  Mr. Byers said it concerned him that the majority of people who purchased the subscription plan were in the senior category.  Mr. Byers said the report should still be broken down into age groups

Mr. Harper said he felt it was wise for people to purchase the subscription plan.  Mr. Harper asked if the $65 subscription fee were still in place.  Ms. Lowe answered yes.

NEW BUSINESS

Resolution - Awarding the contract for the Administration Building parking lot expansion


Ms. Faye Stewart requested that the Board award the contract for the expansion of the Administration Building parking lot to Dickerson Construction, LLC, which was deemed a responsive and responsible low bidder at $134,100 for the bid that the County solicited as IFB # FM08-03.  Ms. Stewart stated the solicitation was originally issued on May 30, 2008 and nine (9) bids were received.  Ms. Stewart stated the original solicitation was for a larger scope of work and the bids came in at $246,616 to $399,000, which were all over the planned budget limit.  Ms. Stewart stated all nine (9) bids were rejected and Value Engineering was solicited and the scope of work was changed.  Ms. Stewart stated the solicitation was reissued on August 7, 2008 with the bids being due on August 27, 2008.  Ms. Stewart said over thirty (30) bid packages were sent out and only ten (10) bids were received back ranging from $134,100 to $302,561.  Ms. Stewart stated Dickerson Construction provided everything to the County that was requested and all of it checked out and she is requesting that the Board grant the contract to them.

Mr. Gentry wanted to comment that there were very high bids received the first time and Mr. Kevin Linhares went through a lot of effort to bring the design down to something the County could afford.  Mr. Gentry said he supported what the County was proposing now.

Mr. Wright wanted Ms. Stewart to find out if Dickerson Construction, LLCs bonding company, Merchants Bonding Company, is a standard or non-standard bonding company and whether they are admitted or non-admitted in Virginia.  Mr. Wright stated he wanted this information provided before the contract is actually signed.

Mr. Harper asked Mr. Lintecum what was the purpose of the parking lot.  Mr. Lintecum stated the parking lot expansion has been discussed for the last several years on the CIP budget.  Mr. Lintecum said there are times when meetings are taking place in the building and there are not sufficient parking spaces.

Mr. Harper wanted to clarify that the parking lot expansion would be for employee parking and the parking spaces around the building should be for people visiting the building.  Mr. Lintecum and the Board were all in agreement on that.

On motion of Mr. Barnes, seconded by Mr. Spencer, which carried by a vote of 6-0 with Mr. Byers being absent at the time, the Board adopted a resolution awarding the contract for the Administration Building parking lot expansion.

Discussion - Funding request from Lake Anna Civic Association

Mr. Gentry motioned for approval.

Mr. Harper clarified that the amount was for $700.

Mr. Havasy asked if there was funding in the Clean Community Commission budget for this.  Mr. Lintecum stated if the Board chose to take the money out of that budget, there could be.  Mr. Havasy said there was money allocated by the Board every year for this type of work.  Mr. Lintecum stated there was also grant money.

Mr. Gentry stated he did not specify where the money was coming from.  Mr. Gentry said the resolution was just to grant the money.

Mr. Spencer said the Lake Anna Civic Association already gets money from Louisa County for water checking in the Lake area.  Mr. Spencer questioned what the Board would do if all the other associations in the County came forward requesting money to put signs up or money to cut grass or do anything else for that matter.  Mr. Spencer stated the money was in the Clean Community Commission funding and if the Lake Anna Civic Association wanted to go through the Clean Community Commission for approval, that would be fine.  Mr. Spencer stated he had no intention to support this funding request.

Mr. Gentry commented that the reason he was in support of this funding request is because of the “Do Not Litter” signs because he feels they are needed in the area.

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

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

On motion of Mr. Gentry, seconded by Mr. Barnes, which carried by a vote of 4-3, the Board voted to approve the funding request from the Lake Anna Civic Association in the amount of $700 to help offset the costs of placing “Do Not Litter” signs in the Lake Anna area.

Mr. Harper commented that he supported the motion with the money coming from the Clean Community Commission budget.

Resolution - Request to proceed with project to install lighting at the softball field at LCHS

On motion of Mr. Spencer, seconded by Mr. Gentry, which carried by a vote of 6-1, with Mr. Wright voting against, the Board adopted a resolution to proceed with project to install lighting at the softball field at LCHS.

Mr. Spencer commented that this was a fantastic deal, especially for private-public partnerships.  Mr. Spencer stated the Board needed to recognize Ms. Louisa Atkins and everyone else for a job well done.

Mr. Wright stated he resented the request somewhat because the memo says that the reason for doing this was because there were no other fields in Louisa County for these purposes.  Mr. Wright stated Holly Grove has had a field for years and Parks and Recreation removed themselves from that field after using it for fifteen or twenty years.  Mr. Wright said there is no reason for anyone to say that there are no other facilities around because that is not correct.  Mr. Wright stated he was not going to support that.

Mr. Barnes stated he agreed with Mr. Spencer whole-heartedly.  Mr. Barnes said anytime there are citizens who go out of their way to work hard and collect private funds for a project and then work with the local government says a lot about the citizens and what they want.  Mr. Barnes stated he would like to see this with other projects and the people who helped should certainly be commended.  Mr. Barnes stated he was certainly in support.

Mr. Gentry said he was fortunate to be at the Parks and Recreation Advisory meeting where Mr. Louisa Atkins and Ms. Susan Sharpe attended to justify the need for this lighting.  Mr. Gentry thanked them for presenting the project to the Board.

Mr. Byers asked Ms. Jane Shelhorse if the requested funds were available or if this request was for additional funds.

Ms. Shelhorse said this is not a request for additional funds, the funds would come out of the CIP.

Mr. Harper added that the money was in the CIP and this was not new money.  Mr. Harper added that he would like to recognize the people who went out and raised the money to make this possible.  Mr. Harper stated $21,000 would come out of the CIP funds and $35,000 was privately raised funds.

On motion of Mr. Spencer, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board voted to recognize Ms. Louise Atkins and any others who were involved in raising the private funds for this project.

Mr. Barnes asked if the lights would be up for the upcoming spring.  Ms. Atkins answered that the new lights will be up by the end of November.

Discussion - Enacting a barking dog ordinance


Mr. Havasy said he is a great believer in the Comprehensive Plan and that if this is an issue in subdivisions, then the homeowners associations have ways of making regulations and covenants.  Mr. Havasy stated he likes Louisa the way it is and there is no need for more regulations.

Mr. Byers wanted to have staff look at what the County currently has as far as noise ordinances go.

Mr. Gentry said there are ways to work with neighbors and that this ordinance just becomes a Code Enforcement issue.
Mr. Spencer said this County is in the country and dogs are going to bark no matter what.  Mr. Spencer stated he had no intention of support this.

Mr. Wright said this issue was shot down about ten years ago.  Mr. Wright stated this ordinance is only going to make people mad and it will not solve anything.

Mr. Barnes said he respects his neighbors and the people of this community as well as freedom of speech.  Mr. Barnes stated he personally would not want a dog that did not bark.  Mr. Barnes questioned how the County could regulate something like this.  Mr. Barnes said he did not think that this issue was one for the local government to control and that subdivisions could control this with restrictive covenants.

Mr. Harper asked Mr. Lintecum to gather the information on the current noise ordinances that Mr. Byers had requested.  Mr. Harper stated he was not hearing much support and the Board would look at this issue again once Mr. Byers had been provided his requested information.

Resolution - Celebrating the life of Louisa County Sheriffs Office K-9 Annie

On motion of Mr. Gentry, seconded by Mr. Spencer, which carried by a vote of 7-0, the Board adopted a resolution celebrating the life of Louisa County Sheriffs Office K-9 Annie.

Discussion - Lake Anna Advisory Committee No-wake buoy request

Mr. Gentry stated the Lake Anna Advisory Committee had made application to place four (4) no-wake buoys on the warm side of Lake Anna.  Mr. Gentry said he had received a lot of phone calls from people particularly in three subdivisions expressing concerns that because of the boating on the warm side, these buoys were unnecessary.

On motion of Mr. Gentry, seconded by Mr. Spencer, which carried by a vote of 6-0, with Mr. Barnes being absent at the time, the Board voted to take no action in reference to the no-wake buoy application.

Mr. Spencer stated the Department of Game and Inland Fisheries does not even patrol the warm side of Lake Anna and LAAC is requesting the placement of no-wake buoys.  Mr. Spencer questioned why the County would place no-wake buoys on a body of water that is not patrolled.

Discussion - Louisa County vehicle markings

Mr. Byers said he would like to come up with a policy that will create a consistency in how the County vehicles are identified and marked, especially those vehicles with municipality vehicle plates on them.  Mr. Byers also suggested that if a vehicle belongs to a specific department or division, it should be identified as well.

Mr. Spencer said he agrees.  Mr. Spencer said Board members are constantly getting phone calls about County vehicles and people have no way to identify them.  Mr. Spencer suggested having the County seal with the department or division identified below that.

Mr. Harper asked Mr. Lintecum to look into what it would take to make this a possibility.  Mr. Harper pointed out that Parks and Recreation and the Water Authority had removed the County seal from their vehicles and created their own department logos.

Mr. Gentry stated the school system has several cars that go out each morning and afternoon to transport certain students and most citizens think they are County or Board of Supervisor vehicles.  Mr. Gentry suggested that the school system have their vehicles marked and identified because he gets a lot of phone calls about those cars being in places where they should not be and they are not even County vehicles.

COMMITTEE REPORTS


Mr. Gentry stated there was an extremely good article in the Town and Country Fredericksburg newspaper about the Countys new skate park at the Betty Queen Intergenerational Building.  Mr. Gentry stated local teens and children designed the skate park and the Board supported the funding for it and the skate park has turned out to be a very successful summer endeavor.

Mr. Wright said at the last CSA meeting, there was discussion about setting up an advisory committee that would include County staff and citizens and would somehow incorporate CMPT and FAPT.  Mr. Wright stated the committee is still in the process of being set up, but was criticized last week because someone said the committee held a meeting without inviting one of the members.  Mr. Wright wanted to clarify that the committee is not even set up and there has been no meeting.  Mr. Wright stated the CSA meeting covered a lot of areas that this advisory committee should look into.  Mr. Wright said the study has been set up for three (3) months, but he is not sure everything will be accomplished in just three (3) months.

Mr. McLeod stated he agreed that three (3) months may not be enough time.  Mr. McLeod stated Fluvanna Countys study was done over a period of six (6) months.  Mr. McLeod said that if the County wanted to do a thorough job at looking at cost containment, it may take longer.

Mr. Barnes said he and Mr. Havasy had met with the Economic Development Committee.  Mr. Barnes stated he felt the Board should strongly revisit a meals tax and maybe even discuss it with the new Chamber Executive Director.  Mr. Barnes said it cannot be done in Zion Crossroads alone and it would have to be a County-wide tax.  Mr. Barnes suggested having citizens or even the Chamber of Commerce prepare an educational session.  Mr. Barnes said the County is missing a lot of potential tax revenue, especially in the Zion Crossroads area, from people coming off the interstate and who dont live in the County.  Mr. Barnes stated IHOP would be opening in three to four weeks and people traveling through will stop to eat and will pay no meals tax to the County.  Mr. Barnes said he thought it was anywhere from $1.5 million to $2 million in tax revenue a year the County was missing just from the Zion Crossroads area.

BOARD APPOINTMENTS

Mr. Spencer stated he had received a letter from Ms. Donya Bauer who currently serves on the Commission on Aging.  Mr. Spencer said she has some health problems and he asked her to hold out for a couple months before her position was vacated.  Mr. Spencer said he thinks she would be a great asset to this Commission.

Mr. Spencer said Ms. Susan Dubé was in the audience and he would like to appoint her to the CSA Cost Containment Study Committee.  Mr. Spencer stated she already had previous experience with the Social Services Board in Loudoun County.

Mr. Wright stated Ms. Dubé was already going to be appointed by that Study and he didnt think it needed Board action.

Mr. Spencer wanted to confirm that Ms. Dubé would be appointed to the Study.

Mr. Gentry said at the last meeting he asked if the Commission on Aging required two members from each district.  Ms. Amanda Reidelbach stated the Commission on Aging bylaws require two members from each voting district.

Mr. Gentry asked if the Commission on Aging had to change their own bylaws.  Mr. Lintecum answered yes and the new bylaws would have to be endorsed by the Board.

Mr. Harper stated he would like to re-
appoint Ms. Edna Jones to the Commission on Aging.

Mr. Havasy stated he would like to re-appoint Ms. Jeanette Abernathy-Nanninga to the Commission on Aging.

On motion of Mr. Spencer, seconded by Mr. Byers, which carried by a vote of 7-0, the Board voted to appoint Ms. Edna Jones and Ms. Jeanette Abernathy-Nanninga to the Commission on Aging and confirmed that Ms. Dubé would be appointed to the CSA Cost Containment Study.

COUNTY ADMINISTRATORS REPORT

Mr. Lintecum stated included in his report were copies of summaries and reports from various departments showing their activities and their plans.

Mr. Byers asked if there was a timeline on the revision of the Employee Handbook.  Mr. Lintecum stated the handbook was almost complete and it should be presented to the Board within the next 60 days.  Mr. Byers asked if the handbook would be a draft.  Mr. Lintecum answered yes because the Board would have to approve the final.

Mr. Havasy said he just wanted to point out the growth of the commercial activity within the County.

CONSENT AGENDA ITEMS

Resolution - Proclaiming the month of October 2008 as Domestic Violence Awareness Month

           On motion of Mr. Barnes, seconded by Mr. Wright, which carried by a vote of 7-0, the Board adopted a resolution proclaiming the month of October 2008 as Domestic Violence Awareness Month.

Resolution - Declaring October 2008 as Clean Up Louisa County Month

           On motion of Mr. Barnes, seconded by Mr. Wright, which carried by a vote of 7-0,
the Board adopted a resolution declaring October 2008 as Clean Up Louisa County Month.

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

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

Resolution - Authorizing a supplemental appropriation of emergency preparedness funds from Virginia Department of Emergency Management

           On motion of Mr. Barnes, seconded by Mr. Wright, which carried by a vote of 7-0, the Board adopted a resolution authorizing a supplemental appropriation of emergency preparedness funds from Virginia Department of Emergency Management.

CORRESPONDENCE

Mr. Barnes asked about the high school media class and the group of students who normally come to record the meetings.  Mr. Lintecum said Ms. Reidelbach had heard from the teacher today who expressed that the students need a little more time to learn, but there are plans for them to begin recording again soon.

APPROVAL OF BILLS

           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 first half of September 2008 for the County of Louisa in the amount of $458,076.05.

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 September 2, 2008 meeting.

CLOSED SESSION

On motion of Mr. Spencer, seconded by Mr. Gentry, which carried by a vote of 6-0-1, with Mr. Barnes abstaining, the Board voted to adopt a resolution to deny claim of Lorrie Hargrove.

On motion of Mr. Spencer, seconded by Mr. Gentry, which carried by a vote of 6-0-1, with Mr. Barnes abstaining, the Board voted to adopt a resolution to deny claim of Mel and Gail Hartung.

RECESS

On motion of Mr. Wright, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board voted to recess the September 15, 2008 meeting at 7:21 p.m. until September 29, 2008 at 6:00 p.m.

BY ORDER OF


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