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April 4, 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

*Mr. Wright arrived at 5:16 p.m.
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 April 4, 2005 regular meeting of the Louisa County Board of Supervisors to order at 5:00 p.m. Mr. Purcell led the invocation, followed by the Pledge of Allegiance to the flag.

APPROVAL OF BILLS

On motion of Mr. Purcell, seconded by Mr. Jennings, which carried by a vote of 6-0, a resolution was adopted approving the bills for the second half of March 2005, for the County of Louisa in the amount of $183,447.38.

ADOPTION OF THE AGENDA

Dr. Morgan said that he would like to add the review of definitions and permitted uses in the subdivision and zoning ordinances as a topic for discussion.    

        On motion of Dr. Morgan, seconded by Mr. Gentry, which carried by a vote of 6-0, the April 4, 2005 agenda was adopted as amended.

PRESENTATION

VDOT Monthly Update Milton Thacker

Milton Thacker, VDOT Resident Engineer, informed the Board that April 3 9, 2005 is Work Zone Safety Week. Mr. Thacker summarized VDOTs current maintenance activities to the Board. Mr. Thacker identified VDOTs current construction activities and said that the replacement bridge project on Route 799 (Beaverdam Road) is scheduled to begin this week, which will cause delays through the first of August. Mr. Thacker identified VDOTs general activities as speed reductions for Route 231 (Gordon Avenue) from 55 MPH to 50 MPH, Route 522 (Cross County Road) from 55 MPH to 40 MPH, and 55 MPH to 15 MPH for Route 9245 that runs between the Middle School and High School, which signs will be erected to reflect the new speed limits. Mr. Thacker informed the Board that Walter Lane has been promoted to the Area Construction Project Engineer position. In closing, Mr. Thacker said that Jamie Glass, VDOT Transportation Operations Manager, would be coordinating with the local litter commission for the April Clean Up Campaign.    

Mr. Wright arrived at 5:16 p.m.

OLD BUSINESS

Discussion Water Connection Fees

Bar Delk, Louisa County Water Authority Director, explained to the Board that the Water authority does a lot of work in the Zion Crossroads area that is subsidized by their operation, which they are not reimbursed for. Mr. Delk said that the Water Authority makes around $32,000 for sewer sales, $30,000 for water sales, and the County provides them with $50,000 that goes towards the operation of the sewage treatment plant. Mr. Delk identified the monthly expenses that the Water Authority has, which included what they spend on the Zion Crossroads area along with the amount of materials that is used and the amount of time that they spend working in the Zion Crossroads area. Mr. Delk identified all of the responsibilities that the Water Authority has for maintaining the Zion Crossroads area. Mr. Delk urged the Board to consider a 5% management fee or a flat fee per connection to reimburse the Water Authority for its expenses. Mr. Delk said that they are beginning to collect connection fees for the area and he would like to have some sort of mechanism in place to help reimburse the Water Authority for their expenses.

The Board discussed this topic in great detail with Dr. Morgan pointing out that when the Board considered the connection fee structure, they took into consideration what the County had invested. The Board agreed that an amount had to be established for the Water Authority to help supplement their budget until such time that the user fees would cover the operating expenses. It was the consensus of the Board to refer this issue to the Public Works Committee to have them meet with Mr. Delk to address this issue and bring their recommendations back to them for final approval.

NEW BUSINESS

Resolution Declaring April 14 17, 2005 as KOVAR Days

On the motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, a resolution was adopted declaring April 14 17, 2005 as Knights of Columbus KOVAR Days in Louisa County.

Resolution Declaring April as Fair Housing Month

On motion of Dr. Morgan, seconded by Mr. Wright, which carried by a vote of 7-0, a resolution was adopted declaring April as Fair Housing Month.

Discussion Affordable Housing

Chairman Barnes explained that he had asked for this to be placed on the agenda so they could put together a committee to address this issue.

Darren Coffey, Community Development Director, stressed the importance of having a committee to look into this issue to make recommendations to the Board on various types of affordable housing. Mr. Coffey said that he would like to stay away from the mental image of projects that you would find in the inner city. Mr. Coffey stated that their target area is for houses that are $150,000 and below. Mr. Coffey said that the committee would figure out what would be best for the County to cover from low to moderate-income individuals. Mr. Coffey pointed out that the County could not mandate affordable housing. Mr. Coffey informed the Board that once the committee has met and discussed this topic, he would report back to them within three months for their consideration.

The Board discussed this topic in great detail with Mr. Purcell pointing out that most homebuilders and developers would do a project if there were positive incentives in place and questioned if they would be taking this into consideration. The Board determined that they would like to pursue affordable housing as an initiative. The Board suggested that the committee define the brackets of income level for affordability, review the Analysis of Impediments to Fair Housing and the Annual Plan that were done by the Thomas Jefferson Home Consortium, and work with Bob Hardy, Director of IT to see if they could create something on the web to allow the citizens to leave input. The Board directed Mr. Coffey to create the committee and report back to the Board at their August 1, 2005 regular meeting.  

Discussion - Definitions and Permitted Uses in the Subdivision and Zoning Ordinances

Dr. Morgan said that he had asked for this to be added to the agenda because some of his constituents have brought some issues to his attention of what they can and cannot do in various zoning classifications. Dr. Morgan stated that there are some inconsistencies and he would like to have the various definitions reviewed to smooth over. Dr. Morgan recommended having Mr. Coffey and the Planning Commission look over the issues for the zoning and subdivision ordinances.

The Board discussed this topic and agreed to forward this issue to Mr. Coffey and the Planning Commission to clarify the definitions and bring their recommendations back to the Board.

COMMITTEE REPORTS

Mr. Gentry said that Chairman Barnes, Mr. Lintecum, and he had met with the School Board to review the proposed budget. Mr. Gentry said that they recommended that the School Board have an audit done to verify the needs. Mr. Gentry said that they determined that they would like to have a joint meeting to further discuss the budget.

Mr. Gentry said that during the February 7, 2005 Board of Supervisors meeting they had discussed having a staffing needs analysis that included other items, which they voted 7-0 to proceed with this process. Mr. Gentry explained that they advertised the RFP and received five proposals, which the committee reviewed yesterday. Mr. Gentry said that they determined that they would be able to get the job done with the lowest bid that they received for $39,700 and he would like to have the Boards input if they wish to proceed with the audit.

The Board discussed this topic in great detail with Dr. Morgan questioning if all of the bids met the requirements that were specified. Mr. Harper asked Mr. Lintecum if the Constitutional Officers were invited to be part of this process.  

Mr. Gentry explained that part of the proposal required the company to have some experience within the state of Virginia and County Government. Mr. Gentry said that their selected vendor of choice did have experience in the state of Virginia and addressed each of the topics in the statement of work. Mr. Lintecum confirmed that both the Treasurer and Commissioner of Revenue wanted to participate with the audit.

The Board decided to add this item to their next agenda for their final decision and requested the information to be sent to them via email to reflect the bids and the vendors.

Dr. Morgan reported that some of the EMSAL staff has been receiving calls from Hanover residents asking if our Emergency Services staff would come to pick them up in case of an emergency. Dr. Morgan said that they need a resolution supporting this issue, since Hanover is charging for EMS services and Louisa is not currently charging for these services. Mr. Lintecum responded that he would address this issue.

Chairman Barnes reported that he had attended a Health Care Committee meeting today, which Ernie McLeod, Deputy County Administrator, would be putting numbers together to reflect increases in the “employee only” portion of the health care premium. Chairman Barnes said that they are also considering introducing a “Wellness Program” to help reduce the premiums if the employees were to take advantage of this program.

BOARD APPOINTMENTS

Dr. Morgan said that he would like to reappoint Donna Burns to the Thomas Jefferson EMS Council, as she was favorably recommended by EMSAL to be reappointed.

        On motion of Dr. Morgan, seconded by Mr. Wright, which carried by a vote of 7-0, the Board reappointed Donna Burns to the Thomas Jefferson EMS Council.

COUNTY ADMINISTRATOR REPORT

Mr. Lintecum presented his report highlighting the following items:

Mr. Lintecum informed the Board that the Stiles C.U.P. case that was scheduled for public hearing on April 18, 2005 would have to be rescheduled for another date due to an issue with the advertisement. Mr. Lintecum suggested that they reschedule this for the May 2, 2005 Board meeting. Mr. Lintecum pointed out that this would require a motion by the Board since they had originally made a motion to have it on April 18, 2005.

        On motion of Dr. Morgan, seconded by Mr. Wright, which carried by a vote of 7-0, the Board agreed to reschedule the public hearing for the Stiles C.U.P. request to May 2, 2005.

Mr. Lintecum informed the Board that he has included an update on the list of items to be completed by him at their direction.

Dr. Morgan said that he would like to add the radio policy, E911 signs, and the presentation of the Tech Assessment Master Plan to the list of items.

Chairman Barnes informed the Board that there were several departments that are waiting on pertinent information that has to be received prior to them holding their next budget meeting; therefore, he would like to cancel the April 6, 2005 budget work session.

CORRESPONDENCE

Mr. Wright referred to the letter that was received from the Department of Game and Inlands Fisheries and questioned what the survey consisted of and who would be responding to the survey. Mr. Lintecum replied that he had only received the letter itself, but he would look into this further and email the survey to the Board.

Mr. Wright referred to the newsletter that was received from Columbia Gas Transmission pertaining to the Virginia Looping Project and questioned where the pipeline extension would be located in Louisa County. Mr. Lintecum replied that Columbia Gas had spoke with him regarding this two years ago and were supposed to come back to make a presentation to the Planning Commission and the Board of Supervisors, which he never heard from them. Mr. Lintecum said that he would look into this information.

Mr. Gentry said that he noticed the note regarding the Trevilian Station Battlefield signage and questioned if there was already one located on the interstate. Mr. Lintecum confirmed that there is a sign on the interstate.

Stuart Cooke, Rappahannock Juvenile Detention Board Representative, provided an update to the Board on the recent meeting that was held on March 30, 2005. Mr. Cooke said that the number of juveniles from Louisa County has increased during this past year, which will have an impact on their budget. Mr. Cooke stated that they are still experiencing problems with their food service contract and are addressing the issues. Mr. Cook stated that the RJDC was in compliance with Government Auditing Standards according to their June 30, 2004 Financial Report. Mr. Cooke said that they have selected a contractor for the boiler repairs that should be completed within ninety days.

Chairman Barnes requested Mr. Cooke to email the increased number of juveniles to the Board for them to review.

LEGAL CORRESPONDENCE

Pat Morgan, County Attorney, did not have any legal correspondence to address with the Board.

APPROVAL OF MINUTES

        On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board adopted the minutes of March 16, 2005 as presented.

On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board adopted the minutes of March 21, 2005 as presented.

CLOSED SESSION

Mr. Purcell stated that he would like to add litigation in the Zion Crossroads area to the agenda for closed session.

On motion of Mr. Gentry, seconded by Mr. Purcell, which carried by a vote of 7-0, the Board voted to enter Closed Session at 6:14 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 discussion of personnel matters concerning personnel under the direction of the County Administrator.

2.        In accordance with §2.23711 (a) (7) of the Code of Virginia, 1950 as amended, for the purpose of consultation with legal counsel for litigation in the Zion Crossroads area.

3.         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 near the Louisa County Landfill.

REGULAR SESSION

On motion of Mr. Jennings, seconded by Mr. Purcell, which carried by a vote of 7-0, the Board voted to return to Regular Session at 7:20 p.m.

RESOLUTION  CERTIFICATION OF CLOSED SESSION

On motion of Dr. Morgan, 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 4th day of April 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 4th day of April 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.

RECESS

On motion of Mr. Purcell, seconded by Mr. Jennings, which carried by a vote of 7-0, the Board voted to recess the April 4, 2005 regular meeting at 7:21 p.m. until Wednesday April 13, 2005 at 6:00 p.m. for the budget work session that will be held in the E. O. C.


BY ORDER OF

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