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MARCH 3, 2009
5:00 P.M.



Board Members Present: Fitzgerald A. Barnes, Dan W. Byers, Willie L. Gentry, Jr., Willie L. Harper, Richard A. Havasy, P.T. Spencer, Jr. and Jack T. Wright

Others Present: Dale Mullen, Interim County Administrator/County Attorney; Ernie McLeod, Deputy County Administrator; Jeremy Camp, Director of Community Development; Kevin Linhares, Director of Facilities Management; Bob Hardy, Director of Information Technology; Robert Dubé, Fire Chief; Jane Shelhorse, Director of Parks and Recreation; Sherry Vena, Director of Human Resources; Amanda Reidelbach, Office Manager, Administration; Zuwana Morgan, Deputy Clerk; April Lowe, Revenue Recovery Administrator and Brittany Shupe, Records Clerk

CALL TO ORDER

Chairman Harper called the March 3, 2009 regular meeting of the Louisa County Board of Supervisors to order at 5:00 p.m. Mr. Byers led the invocation, followed by the Pledge of Allegiance.

ADOPTION OF THE AGENDA

Mr. Harper said he would like to move item twelve on the agenda to item 4A.  Mr. Harper said he would like to add a resolution for supplemental appropriation to the Sheriffs Department for PSAP Wireless 911 Grant.  Mr. Harper said he would like to add a resolution  for supplemental appropriation to the CIP for a generator hook-up at Moss Nuckols Elementary School.  Mr. Harper said he would like to add a resolution to take one (1) street in the Resource Council Subdivision into the secondary system of highways in Louisa County, Virginia.  Mr. Harper said he would like to add two items to Close Session.  Mr. Havasy said he would like to add a discussion on the Resort Development subdivision rules.  Mr. Barnes said he would like to add a discussion on the ruling Virginia Dominion Power.  

        On motion of Mr. Spencer, seconded by Mr. Barnes, which carried by a vote of 7-0, the March 3, 2009 agenda was adopted as amended.

PRESENTATIONS

Presentation A Resolution Recognizing Catherine A. Hiter for Her Years of Service to the County of Louisa

Mr. Mullen read the resolution.  The Board presented the resolution.

Presentation A Resolution Recognizing Trooper Jessie L. Shupe for Outstanding Achievement in Law Enforcement

Mr. Mullen read the resolution.  The Board presented the resolution.

Presentation A Resolution Recognizing Lt. Howard F. Porter IV for Outstanding Achievement in Law Enforcement

Mr. Mullen read the resolution.  The Board presented the resolution.

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

Maintenance Work Completed

Maintenance Work Planned for March Construction

(Changes since last months report are in parenthesis)

Traffic Engineering


Studies Completed

Route

LocationRequestAction

660

Between Rt. 745 & Rt. 860Install School Bus Stop AheadInstallation Completed

1003

Between Rt. 33 & Rt. 1002Install Playground signsInstallation Completed

1003

Between Rt. 33 & Rt. 1002Install 25 MPH signsInstallation Completed

745

Between Rt. 649 & Rt. 632Speed Study Reduce 55 to 45Installation Completed

33

West of Rt. 789Install School Bus Stop AheadInstallation Completed

33

Between Rt. 691 & Rt. 749 Install School Bus Stop AheadInstallation Completed

687

@ Rt. 1151Install No Parking SignsInstallation Completed

Studies Being Reviewed

Route

LocationRequestAction

15

North of Rt. Install No U-Turn signRequest submitted

22

@ Loudin LaneInstall Watch For Turning VehRequest submitted

22

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

22

@ Rt. 780Perform Signal AnalysisRequest submitted

33

Main Street LouisaPedestrian Crossing pedestalsScheduled for installation

613

@ Rt. 687Install Watch For Turning VehRequest submitted

614

Between Rt. 618 & Rt. 652Speed Study Reduce 55 to 45Study Performed

618

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

618

@ Rising Sun Com. CenterInstall Playground signsRequest submitted

628

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

669

Between Rt. 613 & Rt. 742Speed StudyAwaiting VSP concurrence

675

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

700

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

706

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

726

Between Rt. 636 & E.S.M.Speed StudyAwaiting VSP concurrence

734

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



             Permits and Land Development    

Louisa County

Jan.Feb.YTD Total

Site Plan Review Subdivision/Commercial

31215

New Entrance - Commercial

549

New Entrance - Private

10616

Total Permits Processed

91524

Total Utility Permits Processed

448

Inspection of New Subdivision Streets

101

Inspection of New Entrances

5914

Miles of Streets Accepted Into System

4.8604.86

Mr. Spencer asked had there been any changes with Thalia Shores since the December 1, 2008 letter to the Commissioner.  Mr. Glass said he was waiting on a decision from the Board on how they were going to precede.

Mr. Spencer asked if there was anyone on the road who didnt want to be involved in the abandonment would VDOT allow it.  Mr. Glass said Richmond has told them if there was any opposition on an abandonment it usually does not go through.

Resolution Opposing Removal of VDOT Louisa Residency

On motion of Mr. Spencer, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution opposing removal of VDOT Louisa Residency.  

Mr. Gentry said the economic growth of Virginia and Louisa County depends on a good transportation system and the management of that system.  Mr. Gentry said a good working relationship and local knowledge of each unique area makes decisions more suitable.  Richmond, Culpeper and the Region Offices could care less about Louisa County and he doesnt want to add Charlottesville to that list.  

Mr. Gentry stated local developer, planners and citizens expect timely service and decisions from VDOT and this would not happen from Charlottesville. Mr. Gentry said Louisa County was one of the fastest growing counties in Virginia, so if a Residency was going to close Charlottesville should be considered instead. Mr. Gentry said the Louisa Residency has had some of the best safety records and that could not be said about Charlottesville.  

Mr. Gentry said if the Central Office was considering closing Louisa why would they have a meeting in Culpeper.  They should at least allow the citizens that would be affected an opportunity to go to a local public hearing.  

Mr. Gentry said looking through all the information he has about closing the Louisa Residency he didnt see any dollar amount that would be saved  by doing it.  Mr. Gentry said the driving force was suppose to be money but no one had come up with how much would be saved.  Mr. Gentry said he wondered  had the study gone deep enough.

Mr. Gentry said millions of dollars were being used in Virginia in urban areas so until mass transit was totally utilized the construction money should be put  in Louisa and the rest of the State.

Mr. Gentry stated years back VDOT was looking at decentralization in working with local governments and VDOT needed to look at that again and work more with local governments.

Mr. Gentry said the VDOT employees should not be punished and some may lose their jobs, which would affect the whole family.  Mr. Gentry said this was being done because the Legislators could not figure how to get revenue for transportation in the State of Virginia.

Mr. Gentry said VDOT would again lose a lot of skilled people and it didnt make sense
. Experienced employees were the key to most organizations success so VDOT shouldnt run them off.  Mr. Gentry said the Legislators need to know it would not benefit the citizens of Louisa County to move the Residency to Charlottesville.

Mr. Spencer said he and Mr. Gentry attended the Commissioner
s meeting in Culpeper and they were told if the County lost its Residency we could always dial 1-800-for-vdot.  Mr. Spencer said he would encourage everyone to send a letter to Senator Houck against removing the Residency.  

Mr. Mullen said in conversation with Fluvanna County they also oppose
d the move to a metropolitan area.  Mr. Mullen said this was another attempt from Richmond to shift cost.
Mr. Mullen said this would be communicated to the Delegation and to the Governor.


Mr. Harper said Mr. Gentry raised an interesting question about saving.  Mr. Harper said it was about down revenues but when there was an economic recovery what would happen with those revenues.

Mr. Glass said House Bill 1600 has passed the Senate and the House and it was pretty much a carbon copy of VDOTs restructure and it was just waiting for the Governors signature.

Mr. Spencer asked did mean it was already done.  Mr. Glass said no, not at this point and time.

OLD BUSINESS

Discussion Drug Free Workplace Policy

Mr. Mullen said the Board received the 2nd Draft of the policy.  Mr. Mullen said the staff was trying to draft the best policy.  Mr. Mullen said the draft was very much like Hanover Countys policy.  Mr. Mullen said this was not to address any perceived problems with the current Louisa County Employees.  Mr. Mullen said he would like the Board to look over the draft and offer input.

Mr. Harper asked the Board Members to offer their comments back to Mr. Mullen as soon as possible.

Discussion and Adoption
Louisa County Board of Supervisors Goals and Objectives for 2009

On motion of Mr. Spencer, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board adopted the Louisa County Board of Supervisors Goals and Objectives for 2009

Discussion/Resolution Thalia Shores

Mr. Mullen said Mr. Lillie said it was in his clients best interest to withdraw the petition.

Mr. Spencer said he had spoke with Mr. Lillie last December and he didnt get back with him until now.  Mr. Spencer said the gate was on a VDOT right-of-way. Mr. Spencer said VDOT had sent Thalia Shores a letter to remove the gate by December 26, 2008 and it had not been done.   Mr. Spencer said there were residents that didnt want the gate.

On motion of Mr. Spencer, seconded by Mr. Barnes, which carried by a vote of 7-0 the Board adopted a resolution to not pursue road abandonment or discontinuance and road abandonment as requested by petition and later requested withdrawn by petitioner.  

Discussion Resort Development Subdivision Rules

Mr. Havasy said he would like the Board to consider during this economic down turn, allowing the Planning Department to have more flexibility with subdivision already in the process.  Mr. Havasy said the standards, safety rules or anything like that would not changed.   Mr. Havasy said his main concern was Spring Creek. Mr. Havasy said he didn't want see everything placed on hold until the economy recovered.

Mr. Harper asked what type of flexibility was he talking about.  Mr. Havasy answered by saying the type of homes that could be built in the subdivision.

Mr. Barnes said the market changes so fast, by the time a zoning was done the market would have already changed.  Mr. Barnes said other localities were
making it more flexible for   developers.  Mr. Barnes said no one was buying big homes right now.  Mr. Barnes said developers were looking for single family homes on a smaller lots, which would help create density.  Mr. Barnes said you would get a house with a different price point and would allow flexibility.  Mr. Barnes said there were some RD subdivisions that may need to be revisited.

Mr. Spencer said Spring Creek ha
d done a good job.  Mr. Spencer said he didnt have any problems with  them putting in apartments, there were citizens that lost their homes and rental properties were at an all time low.  Mr. Spencer said he could support what Mr. Camp determined was best.

Mr. Byers asked how would this be managed.

Mr. Harper asked were they talking about allowing apartments in the RD subdivision.

Mr. Havasy said the subdivision had already had
a plat for large homes and now that the market had changed and people were now looking for more affordable homes.  Mr. Havasy said he wanted the developers to have the flexibility to put affordable housing in their subdivisions.

Mr. Harper asked how would that
be incorporated.  Mr. Havasy said the developer would have to propose it to Mr. Camp and if he had any problems with he would bring back to the Planning Commission or the Board.  

Mr. Barnes said Spring Creek has some RD zoning within their subdivision that could be used for something else but RD was what the county had
to offer at the time.  

Mr. Spencer asked what difference d
id it make to the Board the type of house the developer puts on their lots.

Mr. Camp said there needed to be more flexibility in the sites master plan.  Mr. Camp said he would
be glad to look at it.  

Mr. Harper asked if Mr. Camp had been approached.  Mr. Camp said no.

Mr. Harper asked did Mr. Camp have the flexibility now.  Mr. Camp said no it had to be consistent with the master plan.

Mr. Harper said the developer need
ed to go Mr. Camp and then Mr. Camp could come before the Board to let them know what needed to be done to make that happen.  

Mr. Barnes said the RD was a type of zoning that may have out lived it
s purpose.

Mr. Havasy said he was talking about possibly changing the zoning from RD to PUD because that gives more flexibility.

Mr. Spencer said Mr. Bradshaw needed to talk to Mr. Camp.

Mr. Gentry said it needed to done on a case by case basis.  Mr. Gentry said he didnt see how the Board could make a change at this point.

Mr. Havasy said he just wanted the Board to give instruction for Mr. Camp to look into it.

Mr. Wright said that was already part of Mr. Camps job.

Mr. Havasy said we were in exceptional times with the economy and he thought the Board should let the public know they were willing to work with them.

Mr. Mullen said he had been approached by developers and had been asked if there any thought from the county to rezone some of the properties.  Mr. Mullen said if the county were to get rid of  RD then what, maybe PUDs, the problem with PUDs was it required a final plan be submitted with the rezoning.  Mr. Mullen said maybe a way to keep people working would take some of the obsolete zonings and examine better ways to use them.  Mr. Mullen said what could we do to put people back to work.

Mr. Byers said whatever was done make sure it was properly communicated to the public.

NEW BUSINESS

Discussion General Services:  Remaining CIP and Operational Projects for Fiscal Year 2009

Mr. Linhares said he would like to discuss his request about the design, specification,
bidding and execution the six projects listed in the Board Packet. Mr. Linhares said  the  funding for all of these projects had been appropriated in this fiscal years budget.

Mr. Harper asked what was the likelihood of success with the courthouse.  Mr. Linhares said he thought it would be successful and he believed the issues with the dome had been discovered.  

Mr. Harper asked what was the bottom line price.  Mr. Linhares said the total project was $484,000.

Mr. Harper asked were there any other plans for the courthouse.

Mr. Mullen said the staff had been trying to cultivate media sources to help fix the courthouse.  Mr. Mullen said he thought if it did happen, it would be good publicity for Louisa County.  Mr. Mullen said the courthouse was a historical resource and it may be an opportunity to get funding and interest in the county.  Mr. Mullen said he hoped to have letters to the Board regarding the matter by April 1, 2009.  Mr. Mullen said he thought this project was one that could wait until early spring.

Mr. Harper asked if the money was spent when would money need to be spent again on the dome.  Mr. Linhares said if maintained properly the county wont have look at cost like these again.

Mr. Harper asked did the Engineers guarantee anything.  Mr. Linhares said they didnt put a guarantee on it

Mr. Barnes said this had been a bone of contention for years.  Mr. Barnes said the courthouse was a big representation of the county and one of the first things you see when you get to the county.  Mr. Barnes said as much as he was not inclined to support this he didnt want it to be the first thing you see the come to the county.

Mr. Wright said the building would be 104 years old.  Mr. Wright he didnt think waiting 30 days would hurt.

Mr. Spencer said millions had been thrown away on the courthouse.  Mr. Spencer said the renovations were poor workmanship and to people who did them should be sued.  

Mr. Linhares said the work to the dome wasnt done when the renovations were done according to the documentation.  Mr. Spencer said the documentation needed to looked at again because the county spent $750,000 on the dome.  Mr. Spencer said there was poor workmanship and poor quality and the county should be collecting some money from the contractors.  Mr. Spencer said he didnt want to see it fall down but it didnt need to done in the next two weeks either.

Mr. Gentry said he didnt think the county could afford not to get it done because it was just going to get worse and cost more.  Mr. Gentry said he would like to see it move forward.

Mr. Byers said when the county does move forward there needed to be some kind of assurances that if something wasnt done properly there would be some kind of recourse.  Mr. Byers said he liked the idea of a joint venture with someone who was interested in restoring the history of the county.

Mr. Havasy said he would not vote for destroying any historical sites in Louisa because once they were gone, they were gone.  Mr. Havasy said he was willing to wait on the County Administrator to do his research.

Mr. Harper asked if the Board had any issues with the Parks and Recreation Storage/Maintenance Building.  It was a consensus of the Board for the project to move forward.

Mr. Harper asked what Mr. Linhares meant about improvement to Intergenerational Center parking lot.  Mr. Linhares said they would reseal the whole parking lot and patch damaged sections.

Mr. Harper asked how much would paving of the parallel road to Route #700 cost.  Mr. Linhares said about $236,000.

Mr. Linhares said he wasnt with the county when this project went on the CIP list but he believed the reason behind this was the dust from the Louisa Wood Recycling Company that was there.  Mr. Linhares said  the company had closed but when someone buys it the dump trucks would be back on that road.  Mr. Linhares said once the road was paved it was going to be turned over to VDOT.

Mr. Gentry said real reason was so the road could be turned over to VDOT.

Mr. Byers said he thought it was a lot of money during these economic down times.

Mr. Gentry said the county would be putting in a lot of money for maintenance and it was best to get it paved and turned over to VDOT.

Mr. Harper asked could the county get a confirmation that VDOT would take the road.

Mr. Gentry said the county would just need to ask VDOT if the road qualified.

Mr. Linhares said he spoke with Jamie Glass from VDOT about this road and he didnt foresee any problems, however he did not get that in writing.

Mr. Harper asked to get something in writing and bring it back to the Board.

Mr. Harper asked what the emergency back up power would be used for. Mr. Linhares said if the power went out for a couple of hours at the General District Court, however, the generator was not for more than a couple of hours.

Mr. Harper asked how much would it cost.   Mr. Linhares said $70,000.

Mr. Spencer said he thought there was already a generator in the General District Court.  

Mr. Mullen said there was generator in the County Administration building but there wasnt one at that courthouse.

Mr. Byers said the goal was move the one from the County Building to the General District.

Mr. Linhares said there was an old generator at the County Administration Building that was abandoned and not operational.  Mr. Linhares said his plan was to fix the abandon generator and put it at the District Court.

Mr. Byers asked if that was going to cost $70,000.  Mr. Linhares said $70,000 was an estimate and the worst case scenario.  

Mr. Byers asked how often would that be used.  Mr. Linhares said just when power went out.  

Mr. Gentry asked was something that the county decided was needed or was there a request by the Judge.  Mr. Linhares said this was part of a back power plan. Mr. Linhares said in order to complete the back up power plan this needed to be done.  Mr. Linhares said the courthouse would be operational for a couple hours with this generator.

Mr. Havasy said he thought this should be postponed until county had more funds.

Mr. Spencer said if most of the work was electrical shouldnt the county wait until July 1st when Mr. Linhares would be requesting for a fulltime Electrician which could do some of the work.  Mr. Linhares said the equipment prices would be the same.  

There was a consensus of the Board to wait on the back up power project.

Mr. Harper said the OGG Building painting project was just regular maintenance.

Mr. Wright asked was the $50,000 used that the county received for the OGG Building, it had to be used by a certain timeframe of it would be lost.

Mr. McLeod said he didnt believe any of those funds were in the CIP but he would check.

Discussion Options to save money for advertising

Mr. Mullen asked this discussion be continued until the next meeting

Discussion/Resolution VPSA Bond Sale

Mr. McLeod said the School was going to be borrowing the money from VPSA for the Moss Nuckols Elementary School.  Mr. McLeod said because of  the schedule the School was doing a resolution at their meeting and asked that the Board support them by doing a resolution also.

Mr. Gentry asked should the amount still be $16 million, he didnt think they were borrowing the whole amount.  Mr. McLeod said the estimate was $16.4 million and $16 million would be borrowed.

On motion of Mr. Barnes, seconded by Mr. Wright, which carried by a vote of 7-0, the Board adopted a resolution of the Board of Supervisors of Louisa County, Virginia authorizing the Louisa County School Board to apply for funding from the Virginia Public School Authority for the financing of a Capital Project for school purposes.

On motion of Mr. Barnes, seconded by Mr. Wright, which carried by a vote of 7-0, the Board adopted a resolution declaring the Boards intention to reimburse the cost of certain expenditures.

Discussion Lawn Care and Landscaping Issues

Mr. Mullen said the county was dissatisfied with the condition of the former lawn care contract.  Mr. Mullen said he was asked by Mr. Spencer not to make the mistakes of the past by just going with the lowest bid.  Mr. Mullen said there were bids from $45,000 to $100,000, which made it hard to determine the responsible bidder.  Mr. Mullen said it was determined it would be probably best if the county did their own lawn care.  Mr. Mullen said staff was anticipating spending as much a the low bidder. Mr. Mullen said he would keep the Board informed

Mr. Gentry said he thought bringing it back in house would  give the county better quality and flexibility.  Mr. Gentry said he was in favor of bring it back in house.

Mr. Spencer said last year it was such mess.  Mr. Spencer said he agreed when the people worked for the county they could also do other things.

Mr. Byers asked would the staff be hourly.  Mr. Mullen said yes they would be hourly, seasonal, part-time staff.  Mr. Mullen said the intention was to use less staff at the beginning and increase as more cutting was needed.  

Mr. Spencer asked would the staff be from the county.  Mr. Mullen said who ever was hired would talk to him first.

Mr. Barnes said there was really a good group of local people in the beginning. Mr. Barnes said he hoped the staff would think about college students for summer work.

Mr. Harper asked that the Board be kept informed.

Mr. Mullen said when he made the decision to fire the last contractor, Jane Shelhorse and her staff stepped up and did the job.

Mr. Gentry said the Chairman of the School Board mentioned the county should consider doing all the grass cutting at the Schools.

Mr. Mullen said the intention was to see how the county would handle its own and then possibly branch out into the county.

Resolution for supplemental appropriation to the Sheriffs Department for PSAP Wireless 911 Grant

Mr. Byers asked why wasnt there much money in the Grant for Louisa.  Mr. McLeod said Louisa didnt need the equipment.

On motion of Mr. Barnes, seconded by Mr. Spencer, which carried by a vote of 7-0 the Board adopted a resolution for supplemental appropriation to the Sheriffs Department for PSAP Wireless 911 Grant.

Resolution for supplemental appropriation to the CIP for a generator hook-up at Moss Nuckols Elementary School

Mr. Gentry made a motion to adopt a resolution for supplemental appropriation to the CIP for a generator hook-up at Moss Nuckols Elementary School, Mr. Spencer seconded the motion.

Mr. Byers asked Chief Dube why was the price $15,000 higher than expected.  Chief Dube said he was not notified by the School until the Board was notified.

Mr. Byers said the Board had asked that Mr. Linhares also be involved.  Mr. Byers said he had concerns about moving forward because the Chief Dube nor Mr. Linhares had been involved.

Mr. Barnes said this was something Board had committed to do and he didnt think the Board could get a lower price.

Mr. Gentry said he thought the Board needed to go forward with this.

Mr.. Byers said if the Chief Dube was going be involved he should know why there such a large jump in price and be able to make sure it was the proper size.

Mr. Havasy said he requested Mr. Linhares to look into this.  Mr. Havasy said agreement was null and void until there was an actual figure.  Mr. Havasy asked that the motion be tabled until Mr. Linhares could report back.

Mr. Harper said there was already a motion on the table.

Mr. Harper requested a roll call vote on Mr. Gentry motions

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

With votes reflecting 2-5, the motion failed to adopt a resolution for supplemental appropriation to the CIP for a generator hook-up at Moss Nuckols Elementary School.

COMMITTEE REPORTS

Mr. Gentry said he put together the School Committee Activity Report and if anyone had any questions to please let him know.

Mr. Barnes said he was not happy with the cutting of the Vocational Director position at the Schools.  Mr. Barnes said by cutting that position it put vocational education in the back seat and not all students were going to college.  

Mr. Barnes said it was going to be very difficult to find a Principal in the middle of the year.  

Mr. Gentry said he and Mr. Byers expressed their concern on both of those items at the School Committee meeting.  

Mr. Spencer said there was an article in the Central Virginia that said it was up to the Board of Supervisors to get rid of Wayne Jones job at the High School.  Mr. Spencer said he immediately called Dr. Pettit because this was what happen last time and Board had nothing to do with it.  Mr. Spencer said they decided they didnt need the position not the Board.  Mr. Spencer said he just wanted to clear it up.

Mr. Barnes the Central Virginia Jail Board met last week and the jail is over crowded. Mr. Barnes said they were trying to get Judges to look at alternative sentencing.  Mr. Barnes said the numbers were alarming.  

BOARD APPOINTMENTS

Mr. Gentry stated he would like to appoint Ms. Barbara Crawford to the Clean Community Commission.  

        On motion of Mr. Gentry, seconded by Mr. Spencer, which carried by a vote of 7-0, the Board appointed Ms. Barbara Crawford to the Clean Community Commission.

COUNTY ADMINISTRATORS REPORT

Mr. Mullen said the Commission on Aging Bylaws had been updated with Mr. Wright changes.

Mr. Mullen said he met with Supervisor Harper and Wright on the boundary line.  Mr. Mullen said although there was an agreement from both counties a plat would still have to be taken before the court.  Mr. Mullen said a Surveyor would be needed to produce the plat.

Mr. Mullen said he proposed several rural rustic roads for shovel ready projects.

Mr. Mullen said he had bad news to deliver about the employee benefits.  Mr. Mullen said he had met with Dominion Benefits a private company the county uses to track cost and provide valuable information.  Mr. Mullen said because of several large claims Southern Health would be closing the gap in form of higher premiums to the employees.  Mr. Mullen said it could be a high as 60% increase to employees.  

Mr. Mullen said he thought it was time to consider the overall health and wellness and the requirements of people who came to work for the county.  Mr. Mullen said healthier employees result in lower claims.  Mr. Mullen said that was not a suggestion of any policy.  

Mr. Gentry said that was also an agenda item for tonights School Boards meeting.  

Mr. Mullen said
Ms. Vena had done a great job of keeping staff posted of potential spikes and the Schools were included when the information was presented. Mr. Mullen recommended that everyone put their heads together to figure out a way to soften the blow.

Mr. Wright said there were two representatives from the Board that were suppose to serve on Medical Insurance Committee. Mr. Wright said last year they were ignored until the last moment and this year they were being ignored again.  Mr. Mullen apologized and said he wasnt aware of this until after the meeting.

Mr. Byers asked was there three personnel that were causing the increase.   Mr. Mullen said no, there were at least ten large claims.

Mr. Byers asked were there not as many large claims in the past.  Mr. Mullen said there has been a large spike.  Mr. Mullen said in the last month 20% of the claims come from 1% of the members.   Mr. Mullen said the currently it has gone up to 34% of the claims were coming from 1% of the members.  Mr. Mullen said 1% should come from 25% of the members.

Mr. Wright said the large claims were suppose to be put into a reserve and there was suppose to be a cap on any individual claims,  usually a reserve and the county is charged for this cap.

Mr. Mullen said answers had been made to the historic Green Springs versus the Virginia Department of Environmental Quality and other option was wastewater were being looked at.  Mr. Mullen said the wastewater at Zion Crossroad and Spring Creek area was being handled responsibly.

Mr. Mullen said there was an update of stimulus project funding
.  

Mr. Mullen said correspondence was made to Edward Houck, William Janis and John J. Butch Davies, III regarding VDOT consolidation.

Mr. Mullen said the updated budget calendar was included in Board Packet.

*Mr. Wright left the meeting at 6:47 p.m.

Mr. Barnes asked if Mr. McLeod and Mr. Mullen could get information on the stimulus money that was going to be available for education for the Joint Meeting with the School Board.

*Mr. Wright returned to the meeting at 6:49 p.m.

CONSENT AGENDA ITEMS

Resolution Authorizing a Supplemental Appropriation for Vehicle Repair

        On motion of Mr. Spencer, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution authorizing a supplemental appropriation for vehicle repair.

Resolution Authorizing a Supplemental Appropriation for the Aquatic Facility

        On motion of Mr. Spencer, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution authorizing a supplemental appropriation for the Aquatic Facility.

Resolution to take one (1) street in the Resource Council Subdivision into the secondary system of highways in Louisa County, Virginia

On motion of Mr. Spencer, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution to take one (1) street in the Resource Council Subdivision into the secondary system of highways in Louisa County, Virginia.

PUBLIC HEARINGS

Public Hearing As stated in the April 26, 1984 Settlement Agreement between the County of Louisa and Virginia Electric and Power Company, now named Dominion Virginia Power, Dominion Virginia Power will participate in an annual public meeting called by the County with the subject matter of the meeting addressing the operation of the plant and will include, but not limited to, the storage of high and low level radioactive wastes, general operations, employments, economics of operation, NRC relations and events, federal, state relations and events, safety and evacuation plans and environmental and health issues.

Mr. Larry Lane, North Anna Power Station Plant Manager stated Dominion Power was committed to safe and reliable operations.  Mr. Lane said North Anna Power Station was also committed to improving the climate and the community that we work and live in.  Mr. Lane said the North Anna would always be safe as a plant, to the public, and to its workers.  Mr. Lane said their motto was “Safety first, last and always”  Mr. Lane said in 2008 they met all the station safety goals for worker safety, there was zero lost time and zero select duty accidents and the industrial safety rate also exceeded the goal.  Mr. Lane said North Anna was an OSHA star plant and would be applying for their recertification this summer.

Mr. Lane said a record was set in 2008 for the lowest minor injuries for Dominion staff personnel.  Mr. Lane stated all NRC performance indicators remain in the green which meant there would be normal level oversight.  

Mr. Lane stated both security readiness and emergency preparedness were important to the
Station.  Mr. Lane said this fall there would be a force on force drill which would be graded by the NRC.  Mr. Lane said last year there was a FEMA and NRC graded exercise which tested the Local, State and Federal levels of response and no issues of significance were found and they remain in a high state of readiness.

Mr. Lane said they have volunteered to monitor wells to look for any source of radiation and nothing had been noted.

Mr. Lane said they completed construction of the 2
nd pad for above ground storage.  Mr. Lane said Barnwell, SC closed there facility for low level waste to Virginia in July 2008.  Mr. Lane said the Station has been practicing activities to reduce the amount of waste and they have an agreement to take some waste to Utah and the remainder would be stored on site in protected areas.

Mr. Lane said in 2008 the capacity factor was 93.6% which was higher than 2007.  Mr. Lane said the cost efficiency rank six in the country out of nuclear power plants based on a three year average.


Mr. Lane stated North Anna remained Louisa Countys largest employer.  Mr. Lane said the Station has almost paid the county $250, 000 in taxes since the Station was built.  

Mr. Lane said they were still keeping possibility of a third unit open.  Mr. Lane said Dominion had selected General Electric-Hitachi  for the construction of unit three however, Dominion and GEH have not been able to enter into an Engineering, Procurement and Construction (EPC) Agreement allowing the company to move forward with a new unit at North Anna.   Mr. Lane said Dominion would conduct a competitive process in 2009 to determine if vendors could provide an advanced reactor for its North Anna Power Station that could be licensed and built under terms acceptable to the Company.   Mr. Lane said the Station remained committed to minimized any negative impact to the Lake or the community.

Mr. Lane said the station was going to submit a stay of the recent order by the Judge regarding their environmental permit.  Mr. Lane said a lot of the points that were challenged were withheld with the Judge they had to do with the cooling lagoons.  Mr. Lane said the cooling lagoons had been in service since 1978 and have served the plant and community well.  

Mr. Lane said he would like to commend the Stations staff.  Mr. Lane said over half their staff was from the local community.  Mr. Lane said the employees at the Station were involved in the community and do great deal of volunteering.

Mr. Wright asked would the plant in Newport News, Virginia that builds nuclear part be of use to that North Anna.  Mr. Lane said the facility should be a benefit to the Dominion.

Mr. Spencer said he appreciated everything Dominion did.  Mr. Spencer asked how much low level waste was going to Utah.  Mr. Lane said all the A level waste was going to Utah. Mr. Lane said the high level waste would be kept on site for three years.

Mr. Spencer asked was that dry cask.  Mr. Lane said no, it was separate waste stream.  

Mr. Lane said they were working with the State of Texas to get an agreement to send waste there.  Mr. Lane said this was a industry problem.

Mr. Spencer said he was for unit three and asked what was the timeframe on construction.  Mr. Lane said they had not gotten far enough in the process to know any schedule and earliest would be 2017 for completion.

Mr. Barnes asked did the Board as Local Officials need to put pressure the Senators to make this project move.  Mr. Lane said any pressure would be good.

Mr. Byers asked how many more years could waste be stored at North Anna.  Mr. Lane said 12 more years.

Mr. Byers said would unit three still allow for the 12 year storage.  Mr. Lane said yes, unit three would be designed to have underwater storage.

Mr. Harper opened the public hearing.

Mr. Jerry Rosenthal Patrick Henry District stated the low level waste included two old generators that represented hundreds of tons.  Mr. Rosenthal said the fact that Barnwell, SC was no longer taking waste meant the mandate fell apart.  Mr. Rosenthal said they have no where to put the waste.  Mr. Rosenthal said President Obama cut off all the funding for Yucca Mountain.
 
M
r. Rosenthal said the Board was not being honest with themselves or the citizens, if they didnt accept the fact the waste had no where to go.

Mr. Rosenthal said there was a Dry Cask Committee and this year there wasnt a meeting or he was not invited.  

Mr. Rosenthal said the court ruled that all of Lake Anna was considered waters of the United States and therefore have to fall under the Clean Water Act.  Mr. Rosenthal said the ruling would require that the water on the warm side of the Lake be kept at the temperature determine by the Clean Water Act,  

Mr. Rosenthal said
how much has this Board or any Board set aside of the tax monies Dominion had paid to the county. Mr. Rosenthal said Robinson, Farmer and Cox recommended setting a decommission fund to have money when the plant closes.  Mr. Rosenthal said the plant would close sooner or later.  Mr. Rosenthal said the Board was fiscally irresponsible for not putting the money aside.

Mr. Rosenthal said Dominion dropping GEH plan shows the chaos in the industry.  
Mr. Rosenthal said they hadnt committed to building another plan.  Mr. Rosenthal said the only way they would do it would be to have taxpayers or rate payers to pay upfront.  Mr. Rosenthal said it was the most expensive way to get electricity for new generations.  Mr. Rosenthal said we didnt want to go back to 19th century and the county could have clean, reliable and inexpensive electricity.  

M
r. Rosenthal said the Board needed to take a deep breath and get on with a progressive plan for the county.  Mr. Rosenthal said spending needed to be control.

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

Mr.
Lane said he appreciated Mr. Rosenthals position.  Mr. Lane said the Plant would deal with the water stream when the Plant was decommissioned.  Mr. Lane said the decommission policy in the United States was to have the site usable when the Plant was done and they sat aside funds annually for that.

Mr. Lane said GEH would be allowed to rebid.  

Mr. Gentry said there had been a lot of talk about closing Unit one and two,   Mr. Gentry said if the Judge ruling stood could units one and two use cooling towers. Mr. Lane said it would be very expensive and may be impossible because of price.

Mr. Byers asked how much was set aside for decommissioning.  Mr. Rosenthal said $212 million.

Mr. Spencer said he thought the could had $6 million in a decommissioning fund and he would like to know where it went.  Mr. Spencer said they were told they couldnt keep a slush fund that had to call it something else.

Mr. Harper asked Mr. Mullen to bring the Board back a report on that fund.

Mr. Rosenthal said RFC had  ruled the county had the right to set aside a rainy day fund and he does have that in letter.

Mr. Barnes said it was a tough situation to balance.  Mr. Barnes said there would be power shortage.  Mr. Barnes said if the county didnt find other sources there would be a blackout.  

Mr. Barnes said there was an important ruling this week for the Blue Ridge Environmental Defense League, which was an anti-nuclear group based out of North Carolina.  Mr. Barnes said he was concerned because this was group that didnt live in Virginia and they were bragging about almost shutting the livelihood of the Louisa citizens down.  Mr. Barnes read the Board information off their website.  Mr. Barnes said he didnt want to see the citizens endangered however he had a problem with people outside the county trying to make it had for people living here.

Mr. Harper said he agreed on the Chesapeake Bay Act and

Mr. Byers asked Mr. Lane how were the stakeholder meeting publicized.   Mr. Lane there would public notices for them.

Mr. Havasy said Mr. Rosenthal speech reminds him of scientific consensus which meant there was not fact to it.  Mr. Havasy said a bunch people come together and come up with information that was not based on fact. Mr. Havasy said when where the environmental people going to come up with some facts.  Mr. Havasy said he had checked the permits and they were for a waste lagoon.  Mr. Havasy said he was sick and tired of environmental extremist and that who we have turned our government over to.

Mr. Spencer said he has always supported Lake Anna.  Mr. Spencer said he had no problem to dry cask storage.

Mr. Wright said about ten years ago some environmental group brought Russian citizens to tell Louisa how to run the nuclear plant.  Mr. Wright said that didnt go over well.

Mr. Kemp said there was a stakeholder meeting tomorrow at the Lake Anna Winery.

Mr. Gentry asked was the Board invited.  Mr. Kemp said if the Board wanted to come they could.

Mr. Mullen said he had copy of the recent pleading in answer to the ruling from  Richmond that indicated that it was the North Carolina group.

Mr. Barnes said there were concerns about the disposal of spent fuel.   Mr. Barnes said he would like to see the Board move forward and send a letter to Senator Webb, Senator Warner and the Congressman Cantor and ask them what their positions was on helping the county do something with the spent fuel.  

CORRESPONDENCE

On motion of Mr. Spencer, seconded by Mr. Barnes, which was carried by a vote of 7-0, the Board adopted a resolution endorsing rail preservation application of Buckingham Branch Railroad Company

APPROVAL OF BILLS

        On motion of Mr. Barnes, seconded by Mr. Spencer, which carried by a vote of 7-0, the Board adopted a resolution approving the bills for the second half of February 2009 for the County of Louisa in the amount of $406,338.22.

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 January 26, 2009 meeting.

        On motion of Mr. Gentry, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted the minutes of the February 17, 2009 meeting.

LEGAL

CLOSED SESSION

On motion of Mr. Barnes, seconded by Mr. Spencer, which carried by a vote of 7-0, the Board voted to enter Closed Session at 7:45 p.m. for the purpose of discussing the following:

1.        In accordance with §2.23711 (A) (7) VA Code Ann., for the purpose of consultation with legal counsel on actual or probable litigation (specific legal matters requiring the provision of legal advice by counsel).

2.        In accordance with §2.23711 (A) (1) VA Code Ann., for the purpose of discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body; and evaluation of performance of departments where such evaluation will necessarily involve discussion of the performance of specific individuals.

REGULAR SESSION

On motion of Mr. Spencer, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board voted to return to Regular Session at 8:21 p.m.

RESOLUTION - CERTIFICATION OF CLOSED SESSION

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

PRESENTVOTE
P.T. Spencer, Jr. Yes
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

WHEREAS, the Louisa County Board of Supervisors has convened a Closed Meeting this 3rd day of March 2009, pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and


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

NOW, THEREFORE BE IT RESOLVED on this 3rd day of March 2009, that the Louisa County Board of Supervisors does hereby certify that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting was heard, discussed or considered by the Louisa County Board of Supervisors.

RECESS

On motion of Mr. Spencer, seconded by Mr. Wright, which carried by a vote of 7-0, the Board voted to recess the March 3, 2009 meeting at 8:22 p.m., until March 6, 2009 at 2:00 p.m.



BY ORDER OF


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