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December 19, 2005
5:00 P.M.



Board Present: Fitzgerald A. Barnes, Willie L. Gentry, Jr., Willie L. Harper, Allen B. Jennings, David B. Morgan, Eric F. Purcell, and Jack T. Wright
Others Present: C. Lee Lintecum, County Administrator; Ernie McLeod, Deputy County Administrator; Patrick Morgan, County Attorney; and Mary Jackson, Deputy Clerk


CALL TO ORDER

Chairman Barnes called the December 19, 2005 regular meeting of the Louisa County Board of Supervisors to order at 5:00 p.m. Mr. Wright led the invocation, followed by the Pledge of Allegiance to the flag.

CONSTITUTIONAL OFFICERS

Brian Marks, Acting Manager for the Town of Louisa, informed the Board that he was here this evening to introduce himself and let them know that he is available to meet with them should the need arise.

Employee Introduction

Darren Coffey, Community Development Director, introduced several new employees to the Board with the first one being Larry Reed, Building Inspector; Twiglenda Harris, Administrative Assistant II; and Angela Edison, Administrative Assistant II. Mr. Coffey said that there are two other new employees for the Code Enforcement Officers that were unable to make it this evening, which are Kris Nelson and Scott Stevens.  

CITIZENS INFORMATION PERIOD

There were no citizens that wished to address the Board.

ADOPTION OF THE AGENDA

Mr. Purcell said that he would like to add an item to the agenda to allow time for him to make a statement.

Chairman Barnes said that he would like to add personnel under the County Administrator to the agenda under closed session.

        On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, the December 19, 2005 agenda was adopted as amended.

PRESENTATION

Presentation to the 2005 Louisa County High School Varsity Football Team

Chairman Barnes announced that the Board of Supervisors wanted to make a presentation to the 2005 Louisa County Varsity Football Team.

Lee Lintecum, County Administrator, read the resolution that was adopted by the Board at their December 5, 2005 meeting for all to hear. Chairman Barnes presented the coach with a plaque and congratulated the teams members that were present.

Statement

Mr. Purcell extended his appreciation to the Board for everything they have done this year and to the Chairman for his leadership. Mr. Purcell stated that he believes they have accomplished quite a bit this year, especially with the tax relief and the shoreline management.  

OLD BUSINESS

VDOT Finalization of the Secondary Six-Year Plan for Fiscal Year 2006/07 Through 2011/12 and on The Secondary Construction Budget for Fiscal Year 2005/07

Milton Thacker, VDOT Resident Administrator, extended his appreciation to the Board for all of their cooperation during this past year with addressing their joint needs. Mr. Thacker informed the Board that VDOT has responded to the first two inclement weather events this season, which he feels went very well overall. Mr. Thacker asked the Board if they had any additional questions pertaining to the Six-Year Plan that he presented to them in November.

The Board discussed this topic with Dr. Morgan saying that the cost for the rural rustic roads seems to have increased and asked what the current estimate was per mile.

In response to Dr. Morgans question, Mr. Thacker replied that the initial information for the Rural Rustic Program was skewed; therefore, the traditional $160,000 per mile is not currently accurate due to rising fuel costs and materials costs. Mr. Thacker said that he does not have an exact figure per mile, but they calculate it by the given distance of the road length and what is necessary to do it. Mr. Thacker said that most of the roads that are in this program are only going to require stone and surface treatment.

 Upon further discussion by the Board, Dr. Morgan questioned what percentage of reduction they could expect to see for a rural rustic road versus standard paving. Mr. Purcell questioned if VDOT anticipates seeing a reduction in costs on materials or fuel. Chairman Barnes said that he noticed on the list that Captain Meade Road reflects a date of March 1, 2007 and asked if this date were accurate. Mr. Jennings said that on Route 618 near Route 609, the speed limit goes from 55 mph down to 35 mph, which he has had several constituents ask him about having the speed limit reduced in this area to extend it to a 45 mph zone west of Route 609.

Mr. Thacker replied that the roads for rural rustic typically average between thirty to fifty percent savings than a standard paved road. Mr. Thacker said that he does not see materials or fuel costs reducing. Mr. Thacker said that the date is accurate on Captain Meade Road, which will fall under budget year 2006/07. Mr. Thacker said that he would submit Route 618 for a review.  

On motion of Mr. Purcell, seconded by Mr. Gentry, which carried by a vote of 7-0, a resolution was adopted approving the VDOT Six-Year Plan for Secondary Road System Construction.

Resolution - To Request VDOT to Have Rolling Path Road (Route 698) Considered as a Rural Rustic Road

On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of     7-0, a resolution was adopted requesting VDOT to have Rolling Path Road (Route 698) considered as a Rural Rustic Road.

Resolution - To Request VDOT to Have Octagon Church Road (Route 611) Considered as a Rural Rustic Road

On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of     7-0, a resolution was adopted requesting VDOT to have Octagon Church Road (Route 611) considered as a Rural Rustic Road.

Resolution - To Request VDOT to Have Indian Creek Road (ID#: T540601) Considered as a Rural Rustic Road

On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of     7-0, a resolution was adopted requesting VDOT to have Indian Creek Road (ID#: T540601) considered as a Rural Rustic Road.

Considering Transient Occupancy Tax

Ernie McLeod, Deputy County Administrator, reminded the Board that he had been asked to look at and review the revenues that the occupancy tax would generate, which he determined would be $30,000 per year with the way that it is currently written. He said that this is based on a 2% tax on the charged amount to stay in a room less than thirty days with 5% of those funds going towards administrative fees to help offset the costs for those establishments. Mr. McLeod said that he would recommend that the Board use these funds towards tourism.

The Board briefly discussed this topic with Mr. Gentry saying that when the Board held their public hearing for this tax, he had expressed a concern about not pursuing this tax on the two campgrounds that are located in the County and asked if there was any further review done on this issue. Chairman Barnes asked Mr. McLeod if the monies could be used to increase advertising for tourism. Mr. Harper said that in Mr. McLeods presentation, he says that the numbers were estimated by the number of rooms available in the County and asked if he took the campgrounds into account when figuring these estimates. Chairman Barnes questioned how they would determine what amount to use towards the salary for the tourism position and the advertising.  

Pat Morgan, County Attorney, explained to the Board that he has researched to find any case law or Attorney General opinions that would be helpful in the matter of not charging this tax to the campsites. Mr. Morgan said that the information is in the conjunction; therefore, they would have to apply this tax to campgrounds along with the other establishments. Mr. Morgan pointed out that this would not apply to residential dwellings that are rented out. Mr. McLeod confirmed that the monies could be used towards tourism in the County. Mr. McLeod confirmed that he did include the campground as part of his estimate for the tax. Mr. Lintecum said that the amounts for advertising and the salary would be addressed during their budget process.

Upon further discussion by the Board, Chairman Barnes stated that he would support this if it were going to help these businesses attract more visitors.

Bob Gibson, Economic Development Director, stated that there is a direct correlation in visitation and advertising. Mr. Gibson said that the State Tourism Corporation could substantiate this. Mr. Gibson stated that the more you advertise, the more tourism dollars that are spent in your community. Mr. Gibson pointed out that this would be an excellent vehicle to leverage additional marketing dollars through cooperative advertising with these sites.

        On the motion of Mr. Jennings, seconded by Mr. Purcell, which carried by a vote of 7-0, a resolution was adopted amending the Louisa County Code, Section 10, Amusements and Entertainments, to add Article III, Transient Occupancy Tax Section 10-52 Amount of Tax that will become effective July 1, 2006 as outlined in Resolution number RES05.167 that is on file in the County Administrators office.

Chairman Barnes asked if they would be able to provide assistance to these establishments on how to process this tax.

Mr. McLeod said that he would get with other localities that have this tax to find out their methodology, then provide assistance to those who need it.

COMMITTEE REPORTS

Mr. Gentry informed the Board that he and Mr. Harper attended their first meeting with the new Elementary School Committee regarding the budget issues and have scheduled their second meeting.

Mr. Wright informed
Michelle Perry, Acting Director of Public Works, that both he and Mr. Jennings are available from the Building and Grounds Committee should she need any assistance.

Mr. Harper informed the Board that the Regional Jail recently had a salary survey done, which is going to result in salary adjustments. Mr. Harper pointed out that the Regional Jail has been self-supporting for many years, but there is a chance in the near future that each locality is going to have to provide additional funding.  

BOARD APPOINTMENTS

Mr. Jennings said that he would like to reappoint Nell West to the Library Advisory Board and Delbert Feaster and Dr. James Griffes to the Lake Anna Advisory Committee.

Mr. Gentry pointed out that the Shoreline Management Committee has concluded their work; therefore, this committee can be dissolved.

Dr. Morgan said that he would like to reappoint Richard Havasy to the Planning Commission.

Mr. Harper said that he would like to reappoint Todd Hall to the Transportation Safety Commission and Eugenia Bumpass to the Library Advisory Board.

Mr. Purcell said that he would like to reappoint C. Franklin Drumheller to the Water Authority and Patricia Driskill to the Library Advisory Board.

        On motion of Mr. Wright, seconded by Mr. Jennings, which carried by a vote of 7-0, the Board appointed Eugenia Bumpass, Nell West, and Patricia Driskill to the Library Advisory Board, Richard Havasy to the Planning Commission, Todd Hall to the Transportation Safety Commission, Delbert Feaster and Dr. James Griffes to the Lake Anna Advisory Committee, and C. Franklin Drumheller to the Water Authority.  

COUNTY ADMINISTRATOR REPORT

Mr. Lintecum presented his report highlighting the following items:

Mr. Lintecum informed the Board that he has enclosed a request from the Louisa Historical Society regarding the project with Hale and White for the restoration of the Sargeant-Pettit House. Mr. Lintecum said that they are requesting the Board to waive the building permit fees and the landfill fees.

The Board discussed this topic briefly with Mr. Wright saying that he doesnt believe the County is able to provide the portable heaters they are requesting. Mr. Purcell said that he would be in favor of waiving the building fee. Mr. Harper said that he agrees with Mr. Purcell on the building fee, but the landfill would be different since they dont know what all they would be bringing down there to dump.

        On motion of Mr. Purcell, seconded by Mr. Wright, which carried by a vote of 7-0, the Board agreed to waive the building permit fee for the Louisa Historical Society for the restoration of the Sargeant-Pettit House.

Mr. Lintecum informed the Board that he has handed out a resolution regarding the house at 105 McDonald Street. Mr. Lintecum said that the price of the home is $232,000 and closing is scheduled for December 30, 2005, but they need this resolution in order to move forward.

        On the motion of Mr. Wright, seconded by Mr. Jennings, which carried by a vote of 6-1, with Mr. Gentry voting against, a resolution was adopted approving the supplemental appropriation and approval to purchase the Bunting Home in the amount of $232,000 for future expansion.

Mr. Lintecum informed the Board that the I. R. S. has announced the new 2006 Standard Mileage Rates that are identified in their Board Packet.

Mr. Lintecum informed the Board that their Conflict of Interest Filing is due by January 15, 2006.

Mr. Lintecum informed the Board that on Wednesday, December 21, 2005, the County Office would be holding their annual Holiday Luncheon from 11:00 a.m. to 12:00 p.m. and extended an invitation to all of them.

Mr. Lintecum reminded the Board that the swearing in ceremony is scheduled for December 21, 2005 at 9:00 a.m.

Mr. Lintecum informed the Board that he has enclosed a copy of Mr. Coffeys report to the Board reflecting the activities of the Community Development Department

CONSENT AGENDA

Mr. Purcell stated that he would be abstaining from portion a of the Consent Agenda since he has a financial interest in that subdivision.

On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board agreed to adopt the Consent Agenda for the four scheduled public hearings that will be held on January 17, 2006 and the following resolution:

Resolution - To Add Willow Ridge Road into the Secondary System of Highways in Louisa County, Virginia

On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 6-0-1, a resolution was adopted to add Willow Ridge Road (State Route 1088) into the Secondary System of Highways in Louisa County, Virginia.

CORRESPONDENCE

The Board did not discuss any correspondence.

LEGAL CORRESPONDENCE

Pat Morgan, County Attorney, did not discuss any legal correspondence with the Board.

APPROVAL OF BILLS

On motion of Mr. Wright, seconded by Mr. Jennings, which carried by a vote of 7-0, with Messrs Barnes and Gentry abstaining from reimbursement checks pertaining to them, a resolution was adopted approving the bills for the first half of December 2005, for the County of Louisa in the amount of $197,103.93.

APPROVAL OF MINUTES

        On motion of Mr. Gentry, seconded by Mr. Wright, which carried by a vote of 7-0, the Board adopted the minutes of October 29, 2005 as presented.

On motion of Mr. Gentry, seconded by Mr. Purcell, which carried by a vote of 5-0-2, with Dr. Morgan and Mr. Wright abstaining since they were absent from the meeting, the Board adopted the minutes of December 5, 2005 as presented.

CLOSED SESSION

On motion of Mr. Purcell, seconded by Dr. Morgan, which carried by a vote of 7-0, the Board voted to enter Closed Session at 5:44 p.m. for the purpose of discussing the following:

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

REGULAR SESSION

On motion of Mr. Gentry, seconded by Mr. Purcell, which carried by a vote of 7-0, the Board voted to return to Regular Session at 5:55 p.m.

RESOLUTION  CERTIFICATION OF CLOSED SESSION

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

WHEREAS, the Louisa County Board of Supervisors has convened a Closed Meeting this the 19th day of December 2005, pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and

WHEREAS, 2.2-3712 of the Code of Virginia requires a certification by the Louisa County Board of Supervisors that such closed meeting was conducted in conformity with the Virginia Law.

NOW, THEREFORE BE IT RESOLVED on this the 19th day of December 2005, that the Louisa County Board of Supervisors does hereby certify that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting was heard, discussed or considered by the Louisa County Board of Supervisors.

ADJOURNMENT

On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board voted to adjourn the December 19, 2005 regular meeting at 5:57 p.m.


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