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|Board Present:||Fitzgerald A. Barnes, Willie L. Gentry, Jr., Willie L. Harper, Richard A. Havasy, Allen B. Jennings, 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 ORDERChairman Barnes called the April 3, 2006 regular meeting of the Louisa County Board of Supervisors to order at 5:00 p.m. Chairman Barnes led the invocation, followed by the Pledge of Allegiance to the flag.
Chairman Barnes announced that Mr. Jennings brother had passed away; therefore he was unable to attend tonights meeting. Chairman Barnes asked that everyone keep him and his family in their thoughts and prayers.
Sheriff Fortune informed the Board that he has handed out a copy of his report reflecting the activities that took place in his department for the month of March.
Chairman Barnes stated that the Sheriffs Department has requested four additional deputies in this years budget due to the increased activities that are occurring in the County.
CITIZENS INFORMATION PERIOD
There were no citizens that wished to address the Board.
ADOPTION OF THE AGENDA
On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 6-0, the April 3, 2006 agenda was adopted as presented.
J. Sargeant Reynolds Community College Update
Dr. Rhodes, J. Sargeant Reynolds Community College President, extended his appreciation to the Board for appointing Doris McCray to their College Board. Dr. Rhodes stated that J. Sargeant Reynolds has served one quarter million students since 1972. Dr. Rhodes said that they had over 17,000 students enrolled in 2004-05. He said that 63% of all in-state undergraduates attend one of the community colleges throughout Virginia. Dr. Rhodes said that they are considered an “on-ramp” to higher education in the state of Virginia. Dr. Rhodes pointed out that a student that earns an associates degree would earn about $8,000 more a year than an individual with just a high-school diploma. Dr. Rhodes said that he would like to thank Louisa County for contributing $3,546 to the colleges operating budget and $9,907 to the colleges capital budget. Dr. Rhodes said that during 2004-05, they were able to award scholarships to 75% of the Louisa County residents that applied. During the 2004-05 academic year, they had a total of 251 Louisa County residents enrolled at J. Sargeant Reynolds. Dr. Rhodes said that they partner with Piedmont Virginia Community College in Charlottesville, Virginia, which provides the Louisa residents, a choice on where they attend. Dr. Rhodes said that they had 44% of their students complete transfer programs during their 2004-05 academic year and 56% that completed occupational/technical programs. Dr. Rhodes said that they have 55 different technical occupation programs that they offer and are the largest producer of nurses for the Commonwealth of Virginia. Dr. Rhodes said that a total of 49 Louisa County residents participated in the dual enrollment classes during the 2004-05 academic year. Dr. Rhodes said that he is having conversations with Henrico County, Virginia about a new campus towards the Richmond Airport. He said that he is also speaking with another County about a future campus towards Louisa. In closing, Dr. Rhodes again extended his appreciation to the Board for all of their support.
The Board extended their appreciation to Dr. Rhodes for all they offer with Mr. Wright saying that J. Sargeant is the community college of choice for his end of the County. Mr. Wright said that he appreciates everything they do and for working with Piedmont to complement each other rather than competing. Chairman Barnes extended his appreciation to Mrs. McCray for her hard work and dedication. Chairman Barnes stated that he feels that one of the crowned jewels in education is the community college system.
VDOT Monthly Update
Jamie Glass, Acting Resident Administrator, introduced Mauris MacKenzie as their new Southern Area Construction Engineer. Mr. Glass informed the Board that he has left a 2006 quick reference guide for each of them at their desk. Mr. Glass summarized VDOTs current maintenance activities to the Board saying that due to budgetary constraints, their maintenance crews are performing mostly labor intensive operations where the use of materials is limited such as brush cutting, tree trimming and limb operations, machining dirt roads, minor patching operations, debris and dead animal removal, isolated shoulder work, and the cleaning of debris and brush around the bridges by their bridge crew. Mr. Glass summarized their current construction activities saying that state force crews have finished constructing Route 775 (Rising Sun Road) that still requires surface treatment; Route 718 (Proffits Road) is progressing on schedule where they still have to treat the surface, seed disturbed areas, and install some erosion controls; contractors moving onto Route 632 (Waldrup Church Road) to start trenching operations prior to plant mix overlay; paving contractor finishing up Route 799 (Beaverdam Road), which should be completed this week; Route 804 (Rock Springs Road) has been opened to charges and work will start in the near future; and Route 699 (Indian Creek Road) and Route 754 (Bakers Branch Road) are still not open to charges at this time, which they are working with Richmond to speed up the process. Mr. Glass said that in the past month, they received 9 plats for proposed new subdivisions that were reviewed and forwarded to their Culpeper District for their review. Mr. Glass said that their Residency and District personnel met with developers to review several proposed projects within the County. Mr. Glass summarized their traffic/safety issues saying that the island at the intersection of Route 522 and Route 618 in the Town of Mineral has been removed and messages have been painted into the roadway along with the installation of a stop sign; the request to have the “no turn on red” sign removed on Route 1004 (Rosewood Avenue) was denied; a Deaf Child sign has been approved and is awaiting installation for Route 626 (Evergreen Road); application has been sent to the requestor of a “deaf Child” sign for Route 632 (Waldrup Church Road), which they are waiting to receive; and the requests for a speed study for Route 655 (Bethany Church Road), for a “watch for turning vehicles” sign has been submitted on behalf of the citizens for Route 602 (Copper Line Road), centerline on Route 622 (Moody Town Road), speed study for Route 1025 (Douglas Road), installation of a handicap parking space in the Town of Mineral for the DMV Office, and to remove the “no parking” signs along Route 522 parallel to the ball park have all been submitted and are waiting on a response.
The Board discussed this update with Mr. Gentry asking if there was a contact in Richmond that he could speak with regarding Route 699. Mr. Gentry said that they had anticipated work to begin on this route last fall, which did not happen. Chairman Barnes said that he had spoke with Milton Thacker, VDOT Resident Administrator, previously asking him to look into moving a sign that is just outside of the Town of Louisa on Route 208, beyond Harris Creek Road due to the speed limit on this road that presents a danger to those turning off this road.
Mr. Glass responded that he would forward the contact name to Mr. Gentry. Mr. Glass said that he would contact their Traffic Engineering Department this week to better explain the issue with the sign on Route 208.
Discussion Area Towers in Louisa County
Mike Schlemmer, Emergency Services Coordinator, provided a handout to the Board that depicted all of the towers in Louisa County. Mr. Schlemmer referred to the second handout that he provided to the Board with color codes identifying the existing towers, proposed towers, and the towers that are in use by the County. Mr. Schlemmer said the two towers that are located outside of the County building has their old back up radio system, a low band frequency for the Sheriffs Department, school bus frequency, and the Town of Louisa frequency on one and the other tower holds their high band frequency for fire and rescue channel one and the Sheriffs main encrypted frequency that they use. He said that the second tower also houses Verizon equipment, Cingular, and T-Mobile that just went into operation last week. Mr. Schlemmer stated that tower 15 on Parrish Road is a repeater site as well as tower 11 on Johnson Road. He said that tower 15 serves the Holly Grove area. Mr. Schlemmer identified areas where they begin to lose reception saying that the Holly Grove area is one of the worst affected areas in the County. Mr. Schlemmer said that the far east end of the County and the far west end of the County are where they experience the majority of their problems. Mr. Schlemmer said that towers 18 and 27 are strictly receiving sites and do not transmit out. He said that according to their rough study by Clear Communications, tower 23 should improve reception in the east end of the County by 95%. Mr. Schlemmer said that in the future, he would like to make tower 18 a repeater site, which they are currently having a study done.
The Board discussed this topic with Mr. Harper asking when they were experiencing these problems. Mr. Harper said that if he were to sit and listen to a scanner, then he is able to hear the conversations clearly. Mr. Harper said that Mr. Schlemmer said that the tower on Route 33 would increase them to 95% and asked him what percentage he was looking for. Chairman Barnes questioned if the map identifying the towers included any future sites they anticipated the need for a tower. Mr. Purcell said that since the Board is currently reviewing their Comprehensive Plan and identifying where they want the growth areas to be, he asked if it would be unrealistic to show Mr. Schlemmer where the designated growth areas are and where they would like to ensure coverage. Mr. Wright pointed out that it is not always the residents that they are trying to serve, but for individuals that are driving through the area as well. Mr. Gentry asked what tower 25 would do for them that 19, 20, and 23 couldnt do.
Mr. Schlemmer replied to Mr. Harper that they constantly experience problems. Mr. Schlemmer said that you can often hear what is going through the receive sites, but they experience problems with transmissions coming back from the dispatch office. Mr. Schlemmer said that from his understanding, they are only getting 80% right now, so the 95% would be an improvement, but he does not believe they would ever have 100%. Mr. Schlemmer said that when he refers to transmitting, he is talking about mobile units and not walkie-talkies. Mr. Schlemmer said that the need for additional towers would be dependant upon the growth in the County. Mr. Schlemmer said that it would be beneficial for them to have a study done to reflect the weak areas of the County. In response to Mr. Purcells comment, Mr. Schlemmer responded saying that most of the towers are located in the growth areas, but the exception would be for the rural areas. In response to Mr. Gentrys question, Mr. Schlemmer said that tower 25 is not going to do anything for them because they already have coverage in this area, but this tower serves cell customers.
Upon further discussion by the Board, Mr. Gentry said that they always talk about co-location on the towers and questioned why the cellular company couldnt put their equipment on 19, 20, and 23. Mr. Harper said that they are talking about sites that are going to provide coverage across the County and asked what difference it made if one individual lived in a specific area or one hundred thousand people since he stated earlier that it depended upon the growth. Mr. Havasy asked if there were any way to find out what vacancies there might be on the existing towers. Mr. Havasy asked if all towers were issued a Conditional Use Permit (CUP). Mr. Havasy asked how many different providers they have putting up towers saying that if they were to draft a letter to all of them requesting information on who was co-located on the towers, then this would provide them an overall picture of the coverage areas. Mr. Wright said that tower 5 and 8 listed in his District both say unknown, but it is his understanding that tower 5 is the State Police tower on Route 522 that is 360 and did not need a CUP because it was state. Mr. Wright commented further that tower 8, from his understanding, is a military tower and does not require a CUP. Mr. Gentry said that just recently they have been getting a lot of requests for towers and questioned if this was happening in all of the surrounding localities as well.
Mr. Schlemmer replied that the cellular company could have co-located on one of the existing towers. Mr. Schlemmer suggested that they have a survey done to see what the coverage is through this area. Mr. Schlemmer said that tower 25 goes into the area of the reservoir, which sometimes provides coverage and sometimes it doesnt. Mr. Schlemmer said that he does not disagree that one individual would need coverage the same as everyone else, but he was pointing out that the growth areas would be more accessible because it would serve both the growth area and the surrounding areas for those that need coverage. Darren Coffey, Community Development Director, explained to the Board that when they receive an application for a cell tower, they make them demonstrate why they are unable to co-locate on an existing tower. Mr. Coffey said that there are a couple of issues going on with the first one being coverage for Emergency Services and the second is for cellular coverage that they are primarily seeing come in along the transportation corridors. Mr. Coffey said that it is incumbent upon the applicant to prove why they need a specific tower located in a certain area. Mr. Coffey assured the Board that all towers have a CUP and include verbiage that requires them to allow the County to co-locate on the tower if they so choose. Mr. Coffey said that the cellular companies are working for themselves to locate towers for their coverage areas. Mr. Schlemmer said that everyone one of the towers they use is co-located. Mr. Coffey said that these requests are typical and they are starting to look at Louisa to cover the primary routes. Sheriff Fortune informed the Board that he could show them a video of the incident they had Saturday morning that would demonstrate how faded the communication from their Dispatch Office was. Sheriff Fortune pointed out that the mobile unit was clear, but their communication from dispatch was poor.
Mr. Wright said that Mr. Jennings, Mr. Lintecum, and himself went and looked at the old Library. Mr. Wright said that he feels it is going to be difficult to see what best fits in there, but they are going to look at a number of options, which is going to take more time. Mr. Wright said that parking is one of the issues that have to be taken into consideration because four of the parking spaces belong to the facility next door. Mr. Lintecum said that a Brownie Troop has been working extremely hard at this site cleaning out the leaves.
Mr. Purcell informed the Board that an emergency meeting was called for the New Elementary School Design Committee for them to meet at the School Board Meeting. Mr. Purcell said that what they did was provide two designs from the design committee to the School Board and then they used a third design, which no one from this committee had ever seen. Mr. Purcell said that this caused some debate with certain people asking questions. He said that they were aware of the fact that they hadnt seen it and there was considerable discussion that if they were going to produce hybrid designs that the committee hadnt seen, then maybe they should have produced all of the designs that were eliminated earlier in the process if they were going to go that route. Mr. Purcell said that he has asked the architect if $200.00 per sq. ft. was still his price because they had downloaded the square footage prices from the Internet for the past five years. Mr. Purcell said that they didnt have the costs for last fiscal year, but you could see the increases. Mr. Purcell said that this figure is important for them because it determines what additions would cost on a square footage basis. Mr. Purcell said that he would have another report once they hold their next meeting that is scheduled for Thursday April 6, 2006 at 3:30 p.m.
Mr. Gentry informed the Board that the committee they put together with some of the Clean Community Commission members and some of the community members that attended from their previous public hearing regarding inoperable vehicles held their second meeting where they took the proposed ordinance and reviewed it thoroughly. Mr. Gentry said that they had the opportunity to make several recommendations for changes. Mr. Gentry said that Pat Morgan, County Attorney, had attended their last meeting. He said that he feels that they have this portion ready for the committee to make comments on back to the Board. Mr. Gentry said that the committee was split on whether to use the definition of a car that didnt have state tags or a County sticker to determine if it was inoperable or not, which is something the Board is going to have to work on. Mr. Gentry said that he had asked Bill Martin, Clean Community Commission Chairman, to sit down and try to come up with a way that the County could try to become part of the solution to this as far as amnesty and what they could do to push the community to help with this problem, which he has not yet reported back. Mr. Gentry said that they are at the point that they would make the ninety day time limit to get something back before the Board.
The Board did not make any appointments during this meeting.
COUNTY ADMINISTRATOR REPORT
Mr. Lintecum presented his report highlighting the following items:
Mr. Lintecum informed the Board that he has enclosed a memorandum from Sherry Vena, Director of Human Resources, regarding the report from Robinson, Farmer, Cox Associates on the staffing needs of the County. Mr. Lintecum said that he has summarized their report saying that they took a snapshot view and made the recommendation knowing that growth would take place, which would require them to reevaluate.
The Board discussed this topic with Mr. Gentry saying that he thought there were six or seven positions that were recommended as a result of the staffing audit and asked if those positions had been covered already.
Mr. Lintecum replied that they had covered those recommendations last year and were told that they would have to reevaluate each year as the County continued to grow.
Mr. Lintecum informed the Board that he has enclosed a proposed Industrial Access Road Agreement with the Route 22 Rail Site, LLC. Mr. Lintecum said that Mr. Morgan would need to add the assigns to it in case it was sold. Mr. Morgan said that he would address that issue.
Mr. Lintecum informed the Board that he has enclosed a memo reflecting the price of inoperable motor vehicles. Mr. Lintecum said that from the companies that he spoke with, he found that it would be dependant upon the condition of the car and how much they would be able to salvage on whether or not they would pay the owner of the vehicle for it. Mr. Lintecum said that he found from the Chief Building Inspector that there are firms that would come and get the abandoned vehicle and remove it at no charge, which they recoup their funds when they take the vehicles to the salvage yard. Mr. Lintecum said that he was cautioned that some of these vehicles might still have a lien on them; therefore, they have to have a clear title or clearance from the DMV to remove these vehicles in some manner; otherwise, it could result in them losing their DMV license.
The Board discussed this topic briefly with Mr. Gentry saying that he understood that if the vehicle was considered abandoned the Sheriffs Department had a process that they could do to take the vehicle.
Sheriff Fortune said that there is a process that they could go through to have a vehicle removed. Sheriff Fortune said that they would have to file for a duplicate title if the person storing the vehicle did not have ownership.
Mr. Lintecum informed the Board that if they plan on attending the J. Sargeant Reynolds Community College Dinner on November 2, 2006, then they should notify Brenda Martin, Executive Manager, so she can make the necessary arrangements.
On motion of Mr. Gentry, seconded by Mr. Wright, which carried by a vote of 6-0, the Board agreed to adopt the Consent Agenda for the following four resolutions.
Resolution - Authorizing a Supplemental Appropriation for the Sheriffs Department for Vehicle Repair
On the motion of Mr. Gentry, seconded by Mr. Wright, carried by a vote of 6-0, a resolution was adopted authorizing a supplemental appropriation for the Sheriffs Department for vehicle repair in the amount of $4,986.12.
Resolution - An Appropriation to the Sheriffs Department for Funds Donated to the K-9 Unit
On the motion of Mr. Gentry, seconded by Mr. Wright, carried by a vote of 6-0, a resolution was adopted approving the appropriation of $50.00 for the Sheriffs Department K-9 Unit that was selected by Deputy Chuck Love as his award for arresting an individual that was AWOL from the Navy.
Resolution - Declaring April as Fair Housing Month
On the motion of Mr. Gentry, seconded by Mr. Wright, carried by a vote of 6-0, a resolution was adopted declaring April as Fair Housing Month.
Resolution - Declaring April 17 23, 2006 as KOVAR Days
On the motion of Mr. Gentry, seconded by Mr. Wright, carried by a vote of 6-0, a resolution was adopted declaring April 17 23, 2006 as Knights of Columbus KOVAR Days in Louisa County.
Mr. Lintecum informed the Board that he has enclosed a letter he received from Cats Paw Cove Homeowners Association, which he has been told that a meeting has been scheduled for April 4, 2006 at 2:00 p.m. with the appropriate staff, the Thomas Jefferson Soil Conservation, and DCR.
Chairman Barnes said that he has received a letter from Judith Stevens, Family Consumer Sciences Extension Agent of the Virginia Cooperative Extension Office, notifying him that on April 20, 2006 from 6:00 8:30 p.m. at the Betty J. Queen Center they would be holding a community action poverty simulation. Chairman Barnes said that this is an overview of how individuals actually live in poverty. Chairman Barnes read the letter for all to hear and urged the Board and citizens to attend.
Chairman Barnes said that he would like to challenge his fellow Board members to participate in a Habitat for Humanity project that is currently going on in the Mineral District on Chalk Level Road. Chairman Barnes said that this home is being constructed for Ms. Beulah Lewis. Chairman Barnes said that he helped last weekend in working with the roofing crew and intends on going back when they are doing the drywall. Chairman Barnes said that Page Kemp was there and it is really a worthwhile project.
Mr. Morgan did not discuss any legal correspondence with the Board.
APPROVAL OF BILLS
On motion of Mr. Wright, seconded by Mr. Havasy, which carried by a vote of 6-0, a resolution was adopted approving the bills for the second half of March 2006 for the County of Louisa in the amount of $311,228.95.
APPROVAL OF MINUTES
On motion of Mr. Gentry, seconded by Mr. Purcell, which carried by a vote of 6-0, the Board adopted the minutes of March 20, 2006 as presented.
Resolution - To Adopt by Reference Sections of Title 18.2 of the Code of Virginia
Mr. Morgan explained to the Board that he has received a call from the General District Court asking him if a resolution had been passed assimilating Section 18.2 of the State Code, which is crimes, into the County Code. Mr. Morgan said that they had been collecting the fines the deputies had written based on County warrants and turning them over to the County. Mr. Morgan said that the auditor has said that unless the Board had adopted such an ordinance, then they would be required to turn these funds over to the state. Mr. Morgan said that this ordinance adopts by reference the sections that can be adopted under Title 18.2 and keeps these funds with the County. Mr. Morgan said that he asks that the Board pass this as emergency legislation tonight, which would make it valid for sixty days until a public hearing could be held to make it permanent.
On the motion of Mr. Wright, seconded by Mr. Gentry, carried by a vote of 6-0, a resolution was adopted to adopt by reference sections of Title 18.2 of the Code of Virginia that would become effective immediately.
On motion of Mr. Purcell, seconded by Mr. Gentry, which carried by a vote of 6-0, the Board voted to enter Closed Session at 6:12 p.m. for the purpose of discussing the following:
1. In accordance with §2.23711 (a) (7) of the Code of Virginia, 1950 as amended, for the purpose of consultation with legal counsel for discussion of potential litigation in the Mineral District.
On motion of Mr. Purcell, seconded by Mr. Wright, which carried by a vote of 6-0, the Board voted to return to Regular Session at 7:48 p.m.
RESOLUTION - CERTIFICATION OF CLOSED SESSION
On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 6-0, the Board voted to adopt the following resolution:
WHEREAS, the Louisa County Board of Supervisors has convened a Closed Meeting this the 3rd day of April 2006, 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 3rd day of April 2006, 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.
On motion of Mr. Wright, seconded by Mr. Purcell, which carried by a vote of 6-0, the Board voted to recess their April 3, 2006 regular meeting at 7:49 p.m. until April 12, 2006 for their scheduled budget work session that will be held in the Library at the Thomas Jefferson Elementary School at 6:00 p.m.
BY ORDER OF
FITZGERALD A. BARNES, CHAIRMAN
LOUISA COUNTY BOARD OF SUPERVISORS
LOUISA COUNTY, LOUISA, VIRGINIA