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NOVEMBER 3, 2008
6:00 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: C. Lee Lintecum, County Administrator; Ernie McLeod, Deputy County Administrator; Dale Mullen, County Attorney; Jeremy Camp, Director of Community Development; Bob Hardy, Director of Information Technology; Robert Dubé, Fire Chief; Kevin Linhares, Director of Facilities Management; Jane Shelhorse, Director of Parks and Recreation; Sherry Vena, Director of Human Resources; Amanda Reidelbach, Office Manager, Administration; Alyson Simpson, Acting Deputy Clerk and Brittany Shupe, Records Clerk

CALL TO ORDER

Chairman Harper called the November 3, 2008 regular meeting of the Louisa County Board of Supervisors to order at 6:00 p.m.  Mr. Havasy led the invocation, followed by the Pledge of Allegiance.

CONSTITUTIONAL OFFICERS

Mr. Harper recognized Sheriff Fortune and Major Lowe as well as several deputies.

CITIZENS INFORMATION PERIOD

Mr. Stuart Cooke, Mineral District, said he would like to make a presentation to Mr. Harper in reference to the 73
rd NAACP Banquet.  Mr. Cooke said, on behalf of the Chairman of the NAACP, he would like to present a copy of the NAACP bulletin to Mr. Harper in which Mr. Harper had placed an article on Page 2.

ADOPTION OF THE AGENDA

Mr. Harper said he would like to adopt the VDOT Monthly Presentation under Presentation.  Mr. Harper said Mr. Wright has also asked for an opportunity to address the Board and that will be added under Presentation as well.  Mr. Harper said Mr. Havasy would like to add a discussion on EMSAL requests and it will go under Old Business.  Mr. Harper said he would like to add the resolution recognizing Laurel Hill Baptist Church under New Business.  Mr. Harper said there is an item under the Consent Agenda in reference to a blanket permit surety bond that will be pulled out and added under New Business.  Mr. Harper said there will be several items added under Closed Session.

Mr. Mullen said, at the appropriate time, the motion for Closed Session will be pursuant with Virginia Code §2.23711 (A) (1), §2.23711 (A) (7) and §2.23711 (A) (29).

Mr. Havasy said he would like to add a discussion on the VDOT pull-off for the Trevilians Station Battlefield.

Mr. Barnes stated he would like to add a discussion on election coverage while the Sheriff is available.

On motion of Mr. Spencer, seconded by Mr. Barnes, which carried by a vote of 7-0, the November 3, 2008 agenda was adopted as amended.

PRESENTATIONS

Presentation - A resolution celebrating the life of Louisa County Sheriff's Office K-9 Annie

Mr. Harper read the resolution and presented a framed copy to Mr. Patrick Sheridan.

Mr. Sheridan thanked the Board and the Sheriffs Office for their continued support of the K-9 Unit as a whole.  Mr. Sheridan said the K-9 Unit does a lot of good for the County.  Mr. Sheridan said the dogs are canines, but they are still honorable officers of the department.

Presentation - VDOT Monthly Update

Mr. Jamie Glass said he would like to take this opportunity to introduce the Culpeper District Administrator, Jim Utterback, to the Board.

Mr. Jim Utterback, Culpeper District Administrator, said he wanted to give the Board the opportunity to put a face with a name.  Mr. Utterback said Mr. Glass does a great job in Louisa, but if there is ever an issue, the Board can contact him at the Culpeper office.  Mr. Utterback said the State has been dealing with the issue of declining revenues, especially when it comes to the issue of transportation.  Mr. Utterback said VDOT is being hit hard with this budget because the two driving forces for the revenue for VDOT are gas tax and sales recordation tax from new and used car sales.  Mr. Utterback said both of those items have taken a steep decline and are projected to continue to do worse.  Mr. Utterback said the Board can expect to see more information in the near future about what services will be cut and what the impact will be.

Mr. Gentry said he had the opportunity to talk to the Speaker of the House last week who is very much in favor of devolution.  Mr. Gentry asked Mr. Utterback if VDOT has a plan for devolution.  Mr. Utterback said VDOT has been a big advocate for devolution and the biggest issue is getting counties to take that approach.  Mr. Gentry said, based on what the Speaker of the House said, it has to happen.  Mr. Gentry said VDOT has talked about devolution for probably three years and he feels the Board should be in on what plan VDOT has.  Mr. Utterback said he could provide more information to the Board on that plan.

Mr. Glass, Resident Administrator, provided an update of VDOT activities, which included the following:

Maintenance:

Construction:

Land Use:

Traffic Engineering:

Mr. Spencer asked Mr. Glass about the crosswalk and speed limit signs at the playground on McDonald Street (Route 1004).  Mr. Glass said the study was submitted and he is waiting on a response from Traffic Engineering.

Mr. Barnes thanked Mr. Glass for being prompt about fixing the lights at the park and ride at Zion Crossroads, even though one of the lights is out again.

Mr. Gentry said he had noticed the sign at I-64 that Mr. Glass mentioned earlier and he had requested that sign a couple years ago.  Mr. Gentry thanked Mr. Glass for not forgetting.  Mr. Glass told Mr. Gentry that when the sign was requested, Traffic Engineering was switching over from district operation to regional operation and the request got caught in between transition periods.

Mr. Harper asked about Route 22 from School Bus Road (Route 767) and west.  Mr. Harper said there have been a number of accidents at Industrial Drive (Route 780) and now there has been added activity.  Mr. Harper asked if VDOT could look at that area again to consider it for another speed reduction.  Mr. Harper said there was talk about placing a light there, but it will probably be cheaper to lower the speed limit.

Mr. Utterback said he believes he misunderstood the devolution question.  Mr. Gentry said the Speaker of the House said he was supportive of devolution and that was the way to go.  Mr. Gentry said a lot of questions were posed because that process would obviously be an unfunded mandate to localities and he wanted to know if VDOT actually had a plan for devolution.

Announcement - Mr. Wright

Mr. Wright said he and his wife had discussed the issue and have determined that he does not plan to run for re-election in 2009.

Discussion - Trevilians Station Battlefield VDOT pull-off

Mr. Havasy said VDOT has now approved the Trevilians Station Battlefield pull-off and the County has been working on this issue for 18 or 19 months.  Mr. Havasy asked Mr. Gibson to come forward and discuss the project or answer any questions the Board may have.

Mr. Gibson said after 18 to 19 months spent in the approval process, the County received a letter from VDOT today approving 80% of the cost of the Trevilians Station Battlefield pull-off.  Mr. Gibson thanked Mr. Linhares for being involved in leading the construction part of this project and for getting all the bids together.  Mr. Gibson said, in talking with Mr. Linhares, there is a small window of opportunity this time of year to get earthwork done and Mr. Linhares feels the County needs to get started on the pull-off as soon as possible.  Mr. Gibson said the total cost is around $31,000 of which the County will be responsible for around $6,000.  Mr. Gibson said the County has already paid $5,100.  Mr. Gibson said he would like to see approval for this expenditure so Mr. Linhares can move forward with the project.

Mr. Spencer said he received a call from Ms. Shifflett who lives near the proposed pull-off location and she asked if the County could place some kind of indication that shows the pull-off and not in her yard.  Mr. Spencer said he had no problem doing this project, but he would like to see something that is going to keep people out of Ms. Shiffletts yard.  Mr. Gibson said there is going to be a fence around the border and a descriptive sign placed on location.

Mr. Byers asked how much money this would cost the County.  Mr. Gibson said the County has already spent $5,100 in engineering and it will cost approximately $1,500 more for a total of approximately $6,500.  Mr. Gibson said the cost to VDOT is approximately $25,000.

Mr. Wright said the information shows the highest bid and the lowest bid, but he wanted to know what the second bid was.  Mr. Linhares said he believes the next bid up was $29,000.

Mr. Havasy motioned to approve awarding the contract and moving forward with the project.  Mr. Barnes seconded the motion.

Mr. Spencer asked if something could be put in there to protect Ms. Shifflett and her property.  Mr. Havasy said he would check on that after the work is complete.

On motion of Mr. Havasy, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board voted to award the contract and continue with the project for the Trevilians Station Battlefield pull-off.

Discussion - Election Coverage

Mr. Barnes said tomorrows Election Day is expected to have an unprecedented turn out of voters in Louisa County.  Mr. Barnes said it will be beneficial for Sheriff Fortune to have deputies at polling locations because there are going to be lines and traffic issues that have never been experienced before.  Mr. Barnes said he is bringing this item up because it could be an expenditure and he feels the Board should support the Sheriff in anything that could be incurred cost wise.

Sheriff Fortune stated he planned on having two officers at the voting precinct in Ferncliff in the morning on one shift and two in the evening on another shift to avoid overtime.  Sheriff Fortune said he would have deputies visiting other precincts and he would also make his way around all the precincts.  Sheriff Fortune stated he has also received a letter from the State Police Department saying there would be officers on standby at the area office just in case anything happens.

Mr. Gentry said there might be traffic issues at both of the Cuckoo area precincts.

OLD BUSINESS

Discussion - REZ08-07, Ferndale PUD, a request to rezone 104.6 acres from Agricultural (A-2) to Planned Unit Development (PUD)

Mr. Camp said a letter was received today from the owner of the property requesting that this case be withdrawn from consideration.  Mr. Camp said the Virginia Code does allow for the withdrawal of this case upon consent from the Board.

Mr. Barnes made a motion to support the applicants request to withdraw the case from consideration at this time.  Mr. Wright seconded the motion.

On motion of Mr. Barnes, seconded by Mr. Wright, which carried by a vote of 7-0, the Board voted to accept the applicants request to withdraw case REZ08-07 from consideration at this time.

Discussion - Fire Association and EMSAL Request for Release of Funds

Mr. Havasy said the vote to change the funding from one lump sum to quarterly for the fire and rescue departments has caused hardships for some of the departments.  Mr. Havasy said some of the local fire departments had to take out loans to make their payments to avoid late charges or penalties and that has never had to be done before.  Mr. Havasy said Mr. Bywaters who is the President of the Fire Association has written a letter to the Board and also wants to address the Board on this issue.

Mr. Bywaters said he was here to represent the Fire Association.  Mr. Bywaters said the recent Board action to change fire and rescue departments to quarterly funding has caused hardships when it comes to the ability to make large payments such as insurances or maintenance costs.  Mr. Bywaters said historically all the departments have scheduled those large payments to be due right after the lump sum payment from the County in July of each year.  Mr. Bywaters said by changing to quarterly disbursements, there is not enough money left for the departments to pay the large ticket items after paying all the other monthly costs.  Mr. Bywaters said some may wonder why the departments pay large items upfront and that is because they receive a discount that way rather than changing to quarterly payments.

Mr. Byers said most of the Board members know that he suggested a quarterly approach from the beginning and he still feels that has a lot of value.  Mr. Byers said at some point the Board has to have some process in place to look at revenues and expenditures.  Mr. Byers said if total appropriations are made up front, the Board loses a lot of control in making needed adjustments in spending when revenues fall below what is needed to adequately fund the budget.  Mr. Byers said he still feels that the quarterly funding is best, but it may be beneficial to put that process off for one year to allow the fire and rescue departments to get a process in place that will allow them to adjust accordingly.

Mr. Barnes said he believes there is a way to have checks and balances where the Board wants them.  Mr. Barnes said that citizens of the County expect certain things and in that is fire, rescue, and police.  Mr. Barnes said the Board is getting closer to the accountability they are looking for, but he feels that can be done without holding the fire and rescue departments hostage.  Mr. Barnes said he would like to continue with a one time, lump sum payment to the departments.

Mr. Harper said he disagreed with Mr. Barnes terminology.  Mr. Harper said no one is holding anyone hostage and that is not the intent nor has it ever been the intent.

Mr. Byers said at some point the Board has to realize what the financial situation is and how best to manage it appropriately.  Mr. Byers said it is unfair to pick and choose departments and treat them differently and he would like to see a system in place collectively to use across the entire scope of operations in the County.

Mr. Gentry said there has to be a lot of eyes on the revenue because the County has no idea where the revenue will go next year.  Mr. Gentry said when it comes to fire and rescue departments, they cannot be short-changed.  Mr. Gentry said the budget process needs to be done right up front and the Board needs to see that the fire and rescue departments get their money in one lump sum.  Mr. Gentry said he did not want to overplay the idea, but those numbers could relate to lives if too much money is cut out of fire, rescue, and police.  Mr. Gentry said he is supportive of the one lump sum payment.

Mr. Spencer said he agrees with everyone.  Mr. Spencer said he had talked with Chief Perkins from Company 1 who said that their payments had been set up based on receiving all their funding upfront.  Mr. Spencer said the Boards job is to look out for the health, safety, and welfare of the citizens.  Mr. Spencer said there are plenty of other areas where 15% budget cuts can come from rather than fire and rescue departments and he has no intention of ever supporting budget cuts from these departments.  Mr. Spencer said he would not mind giving the fire and rescue departments one year to see how the County will go about handling the quarterly disbursements.

Mr. Spencer made a motion to give all the money to the fire and rescue departments this year and continue to discuss getting the quarterly disbursement system in place for next year.  Mr. Havasy seconded the motion.

Mr. Barnes said he wants to give the fire and rescue departments their money with no strings attached and he wants to deal with this year, not next year.  Mr. Barnes said he will support giving the departments their money, but he cannot support the motion as it stands right now.

Mr. Havasy said the possibility of moving to quarterly appropriations next year is a work in progress.  Mr. Havasy said there is no guarantee that it will be done that way. Mr. Havasy said the bottom line is that these are volunteer departments and the amount of hours they devote each year is tremendous.  Mr. Havasy said the County could not pay for the hours of service these volunteers put in.  Mr. Havasy said he would never vote to cut funds for volunteer fire and rescue departments.

Mr. Harper said this discussion was never intended to cut back on funds for these volunteer departments.  Mr. Harper said the discussion was just for a quarterly appropriation process.

Mr. Gentry said he was going along with Mr. Spencers motion until he added the part about 25% next year.

Mr. Harper asked Mr. Spencer to restate his motion.

Mr. Spencer said he motions to give the volunteer fire and rescue departments their money this year and let there be a study to see if it will be right for quarterly funding next year.

Mr. Harper clarified that the motion is to pay the balance of funds to the departments at this point.  Mr. Harper asked who would study the quarterly funding for next year.

Mr. Spencer said he would like to see the Fire Association, EMSAL, and Mr. Dubé get together to study that issue.

Mr. Harper said to get the motion out of the way first and the motion is to pay the balance of funds to the fire and rescue departments for this year.  Mr. Harper asked Mr. Havasy if he was still okay with the second on that motion.  Mr. Havasy stated yes.

Mr. Dubé said the Fire Association and EMSAL had both voted to ask the Board to pay all the money up front this year.  Mr. Dubé said the fire and rescue departments would be looking at any way to save money, but there are payments that are cheaper if paid yearly rather than quarterly.

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

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

On motion of Mr. Spencer, seconded by Mr. Havasy, which carried by a vote of 5-2, the Board voted to pay the balance of the funds to the volunteer fire and rescue departments for this year.

Mr. Harper asked if citizen participation could be included when the study is performed.  Mr. Harper said he would also like to include a review of how other counties who fund operations for volunteer departments do their funding.

NEW BUSINESS

Discussion - Request to proceed with the engineering design & bidding of the Louisa County Library HVAC improvements

Mr. Linhares said the County had already done an engineering study last year that determined that the existing HVAC system in the library is oversized as originally designed in 1998.  Mr. Linhares said because the system is oversized, the units pump too much air into the library.  Mr. Linhares said there is a short cycling, which causes excessive humidity.  Mr. Linhares said the excessive humidity occurs during the summer months, which is especially not good in a library situation.  Mr. Linhares said this has evidently been a problem since the library was built.  Mr. Linhares said his request is to proceed with the engineered design and get it out for bid to see where the price comes in.  Mr. Linhares said there are already funds approved in the operational budget for this work to be done.

Mr. Harper asked Mr. Linhares why no one ever went back and addressed this issue in the first place if the HVAC system has been a problem since the beginning.  Mr. Linhares said he did not know the history behind this issue.  Mr. Lintecum said he knew this was a problem before, but he thought the problem was solved.

Mr. Byers asked how old the library building was.  Mr. Linhares said the plans were done in 1998 and the building was built in 1999.

Mr. Byers said if the County hires architects and engineers to design and layout buildings, there should be some type of accountability on the part of those architects and engineers instead of the County being liable for those responsibilities and expenditures.  Mr. Byers said before he voted on this issue, he would like to know what opportunity the County has to go back on the engineers who originally did the work for this library.

Mr. Harper said Taft Construction out of Culpeper, Virginia was the engineer because this was a designed building.  Mr. Harper asked if anyone had contacted Taft Construction.  Mr. Linhares said no.

Mr. Wright said someone out of Orange, Virginia was the architect.  Mr. Linhares said Gillium Architects was the designer and was the one who hired the engineer.  Mr. Linhares said if the County were to contact anyone, he would suggest Gillium Architects.

Mr. Havasy asked if there is an engineer who comes in and designs the heating and air system for a particular building.  Mr. Havasy asked if the engineer decides on the specifications for the heating and air system and if those are the specifications given to the heating and air company chosen to do the job.

Mr. Linhares said that was correct.  Mr. Linhares said the heating and air company chosen to do the job would provide the system specified to them through the engineers work.

Mr. Havasy asked what the heating and air company would do if they knew from the beginning that the design provided to them by the engineering company was not correct.

Mr. Linhares said it is not necessarily up to the heating and air company to decide if the system is suitable or not.

Mr. Havasy said the heating and air company would have vast experience in the heating and air field and questioned why the engineer would take on that role when they are obviously not experts.  Mr. Havasy asked if the County was going to go down the same road again and have an engineering company tell the heating and air company what to install.

Mr. Linhares said yes.  Mr. Linhares said he felt the engineering company would have a better knowledge of what would be required for commercial work based on occupancy loads and heating loads.  Mr. Linhares said it is important to take those items into consideration because there are certain times of day when the library may be fully occupied and there are other times where there may be low occupancy.  Mr. Linhares said the County needs a professional engineer to determine the best commercial system.

Mr. Havasy asked if the County is paying extra money for engineering expertise, what kind of legal warranty comes with it.  Mr. Havasy asked how long the County could expect the HVAC system to function and if it does not function from day one, how long does the County have to go back and file a claim against them.

Mr. Harper said, for clarification, the system operated fine, it was just not designed correctly.

Mr. Mullen said the first level of analysis is a matter of contract, what the County contracted for, and for what period of time.  Mr. Mullen said he could do further research to see if there were any statutory provisions that would protect the County.

Mr. Havasy said the Board would like to see something in contract saying that the engineered system should work as stated for five years and if not, it would be at the engineers cost to come back and fix the problem.  Mr. Havasy said there have been far too many jobs to be redone in this County with no one held responsible for them.

Mr. Linhares said that was correct.  Mr. Linhares said if he had worked for the County when the system was put in and there were humidity problems the first summer, he would have gone straight to the engineer.

Mr. Barnes said ten years is a long time and the County can forget about any recourse from five years ago.  Mr. Barnes said he would like to see a policy adopted from here out to protect the County.  Mr. Barnes said the Board needs to accept what is presented to fix the system or come up with another alternative solution.

Mr. Spencer said when the system was originally installed and there were problems, the Board did instruct the County to go back to the engineer and architect.  Mr. Spencer said the librarian at the time came before the Board and explained that the library was too cold, everything was getting wet, and the inside of the windows were wet.

Mr. Wright stated that Gillium and Associates was not in existence at the time this building was done.  Mr. Wright said Mr. Gardner was the architect and Mr. Gillium worked for him before starting his own business.

Mr. Byers said there appears to be two issues at hand.  Mr. Byers said there is a design flaw that a twenty-year statue of limitations for engineers could possibly apply.  Mr. Byers said the second issue could be a system malfunction, which should have certain warranties.  Mr. Byers asked what the time period is on seeking corrective action from an engineering firm who stated this was the correct system design.  Mr. Byers said he agreed with Mr. Mullins that he should look at the contract to see if there is any opportunity to collect from the contractor or engineer for the needed corrections.

Mr. Gentry said based on Mr. Linhares letter to the Board, the system needs to be replaced.

On motion of Mr. Barnes, seconded by Mr. Spencer, which carried by a vote of 6-1, with Mr. Harper voting against, the Board voted to move forward with the Louisa County Library HVAC improvements as recommended by Mr. Linhares.

Resolution - Recognizing Laurel Hill Baptist Church on its 140th anniversary

On motion of Mr. Gentry, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board approved a resolution recognizing Laurel Hill Baptist Church on its 140th anniversary.

Discussion - Resolution authorizing a blanket permit surety bond

Mr. Wright said he removed this item from the Consent Agenda for discussion.  Mr. Wright said this is assumed liability from an insurance companys standpoint.  Mr. Wright asked if anyone had contacted the Countys insurance company and received approval on this document.  Mr. Mullen said no.  Mr. Wright said he would like to delay action until the County has approval from the insurance company.

Mr. Mullen said, from a legal point-of-view, he would like the Board to entertain a motion to defer action until the December 1, 2008 meeting where there could be further discussion.

Mr. Wright motioned to defer action until the December 1, 2008 meeting.  Mr. Spencer seconded the motion.

On motion of Mr. Wright, seconded by Mr. Spencer, which carried by a vote of 7-0, the Board voted to delay action on a resolution authorizing a blanket permit surety bond until the December 1, 2008 meeting.

COMMITTEE REPORTS

Mr. Gentry said information has been provided from VDOT on the road project at the Moss-Nuckols Elementary School.  Mr. Gentry said the project has been approved as a revenue sharing project.  Mr. Gentry said VDOT has not given out any money yet and does not know when they will.  Mr. Gentry said he would like Mr. Lintecum to write a letter asking if the County can move forward with the project and then be reimbursed at a later time through the revenue sharing monies from VDOT.

Mr. Gentry said it is his understanding that there was supposed to be a Water Committee meeting between Fluvanna and Louisa on October 20, 2008.  Mr. Gentry said he is concerned with some of the things he read in the newspaper and wants to know what took place at that meeting.  Mr. Gentry said it appears that Fluvanna is fighting about having a joint Water Authority with Louisa.  Mr. Gentry said he thought Fluvanna and Louisa were in agreement with having a joint Water Authority.

Mr. Lintecum said the meeting held on October 20, 2008 was Fluvannas internal Water Committee.  Mr. Lintecum said it is his understanding that the joint Water Authority item will be on the Fluvanna agenda on November 17, 2008 with the understanding of moving forward.  Mr. Lintecum said the County has received a draft, which Mr. Mullen is reviewing, of the joint Water Authority with Fluvanna County.

Mr. Barnes said there is error on where this Board stands and he feels the Board needs to reaffirm where they stand.

Mr. Gentry said based on the information he was given, the Water Committee was supposed to make a recommendation to the Louisa County and Fluvanna County Board of Supervisors.

Mr. Lintecum said one point of confusion is that Fluvanna has a Water Committee.  Mr. Lintecum said the second committee is made up of the County Administrators from Louisa and Fluvanna and the Board chairs from Louisa and Fluvanna.

Mr. Barnes made a motion to reaffirm the Louisa County Board of Supervisors position, excluding prices, on the James River Water Project.  Mr. Havasy seconded the motion.

Mr. Lintecum asked Mr. Barnes if he was motioning to recommit to the Memorandum of Understanding.  Mr. Barnes said yes.

Mr. Gentry asked if the Memorandum of Understanding included the joint Water Authority.  Mr. Barnes said he would like the motion to include that information.

Mr. Spencer asked if the motion included the money for the pipeline.  Mr. Barnes said the motion is on the concept itself and the money will be worked out later.

Mr. Spencer said he was not getting in that spot.  Mr. Spencer said until information is provided to him on how much the project will cost, he is not going to vote.

Mr. Harper said the vote is for the concept only.

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

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

On motion of Mr. Barnes, seconded by Mr. Havasy, which carried by a vote of 6-1, with Mr. Spencer voting against, the Board voted to recommit to the Memorandum of Understanding to include the formation of the joint Water Authority for the James River Water Project.

Mr. Gentry said he attended a VACO meeting last week.  Mr. Gentry said one item that concerned him is the fact that the Speaker of the House is in favor of devolution of the Secondary Road System to the counties, but he did not answer any questions posed to him.  Mr. Gentry said VACO has taken a stand that they are not in favor of the devolution.  Mr. Gentry said the Board should be proactive on this issue and authorize Mr. Lintecum to send a letter to Butch Davies, Ed Houck, and Bill Janis asking them for their position on this issue.  Mr. Harper said the Board concurs on that.

Mr. Havasy asked Mr. Lintecum to CC: the Board members on each of those letters.

BOARD APPOINTMENTS

Mr. Gentry said he had asked about the Commission on Aging not requiring two members from each district which would require a change in bylaws.  Mr. Gentry asked if that had been done.

Mr. Byers said the Commission on Aging has several other changes they would like to make to their bylaws and they would like to present all the changes to the Board at one time.

CONSENT AGENDA ITEMS

Resolution - Authorizing a supplemental appropriation for the Sheriffs Office for K-9 funds

On motion of Mr. Spencer, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board adopted a resolution authorizing a supplemental appropriation for the Sheriffs Office for K-9 funds.

Resolution - Authorizing a supplemental appropriation to the CIP for economic development purposes

On motion of Mr. Spencer, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board adopted a resolution authorizing a supplemental appropriation to the CIP for economic development purposes.

APPROVAL OF BILLS

Mr. Byers said there are several places on the bill report where unemployment insurance is listed and it appears there was no money assigned or appropriated to that area.  Mr. McLeod said those funds are budgeted in a different area and as those funds are expended in a department, the money will be moved to cover the expense.  Mr. Byers asked if the money is broken out to the department to which the expense applies.  Mr. McLeod said that was correct.

Mr. Wright said he was going to abstain from voting because he cannot read his copy of the bill report and he will vote once he receives a readable copy of the bills.

On motion of Mr. Barnes, seconded by Mr. Byers, which carried by a vote of 6-0-1, with Mr. Wright abstaining, the Board adopted a resolution approving the bills for the second half of October 2008 for the County of Louisa in the amount of $923,885.81.

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 October 20, 2008 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 7:10 p.m. for the purpose of discussing the following:

  1. In accordance with §2.23711 (A) (1) VA Code Ann., for the purpose of discussing personnel reporting directly to the Administrator.
  2. 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).
  3. In accordance with §2.2-3711 (A) (29) VA Code Ann., for the purpose of discussion of the award of a public contract involving the expenditure of public funds, including interviews of bidders or offerors, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body.

REGULARSESSION

On motion of Mr. Barnes, seconded by Mr. Havasy, which carried by a vote of 7-0, the Board voted to return to Regular Session at 8:44 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:

WHEREAS, the Louisa County Board of Supervisors has convened a Closed Meeting this 3rd day of November 2008, 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 3rd day of November 2008, that the Louisa County Board of Supervisors does hereby certify that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting was heard, discussed or considered by the Louisa County Board of Supervisors.

ADJOURNMENT

On motion of Mr. Wright, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board voted to adjourn the November 3, 2008 meeting at 8:45 p.m.

BY ORDER OF


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