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APRIL 21, 2008
6:00 P.M.



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

Others Present: C. Lee Lintecum, County Administrator; Ernie McLeod, Deputy County Administrator; Patrick Morgan, Interim County Attorney; Darren Coffey, Director of Community Development; Kevin Linhares, Director of Facilities Management; Bob Hardy, Director of Information Technology;Robert Dube, Fire Chief: April Jacobs, Revenue Recovery Administrator and Zuwana Morgan, Deputy Clerk

CALL TO ORDER

Chairman Harper called the April 21, 2008 regular meeting of the Louisa County Board of Supervisors to order at 6:00 p.m.  Mr. Barnes led the invocation, followed by the Pledge of Allegiance.

CITIZENS INFORMATION PERIOD

Ms. Melissa Barlow Mineral District, stated she was representing the Thomas Jefferson Planning District Commission.  Ms. Barlow said she came to ask the Board to promote the UnJAM 2035 plan update.

Ms. Barlow said nearly five years has passed since the regions long-range transportation plan was adopted and its time for a five year update.  Ms. Barlow said TJPDC would be hosting a regional summit on Saturday, May 10
th from 8:30 a.m. until 12:00 noon at Monticello High School in Charlottesville, Virginia.  Ms. Barlow said breakfast would be served and both, the event and food, were free.

Ms. Barlow explained that UnJAM stood for United Jefferson Area Mobility Plan.  Ms. Barlow said the regional summit would be an opportunity for area residents to review the priorities that were set for the network five years ago.

Ms. Barlow said the keynote speaker would be Dr. Reid Ewing from the National Center of Smart Growth at the University of Maryland.

Ms. Barlow encouraged the Board to visit the UnJAM website at UnJAM.org.

Mr. Gentry asked if the existing plan was on the website.  Ms. Barlow said yes.


ADOPTION OF THE AGENDA

Mr. Harper said he would like to add a closed session for personnel reporting directly to the Board of Supervisors.

On motion of Mr. Barnes, seconded by Mr. Gentry, which carried by a vote of 7-0, the April 21, 2008 agenda was adopted as amended.

PRESENTATIONS

Presentation - Forestry and Fire
- David Stone


Mr. David Stone introduced Ryne Conley as the new forest technician for Louisa County.

Mr. Stone said he would update the Board on state forestry, local forestry, fire potential and concerns in Louisa and forest fire solutions for mitigation.

Mr. Stone said the forest cleans our water and air, modifies our climate, was wildlife habitation and created recreation, inspiration and beauty.

Mr. Stone stated in the Commonwealth, forestry provides $27 billion in annual benefits.  Mr. Stone added forestry was the number one agricultural feature for the Commonwealth.  Mr. Stone said Louisa was losing 27,000 acres of forest land per year.

Mr. Stone said conservation specialists have been hired to help preserve the forest.  Mr. Stone said the specialists would be going to land owners and trying to get them to put a conservation easement on some of their land to ensure long term forestry.

Mr. Stone said three years ago he planted over 3,000 acres and in the last two years he has planted barely a 1,000 acres each year.  Mr. Stone said the land has just gone to other land uses.

Mr. Stone said the Forestry Department continually trains volunteer fire departments and teaches Fire Fighter One.  Mr. Stone said the Department also does urban forestry.  Mr. Stone said they have worked with the Town of Mineral, the High School, the Town of Louisa and the Betty Queen Center.

Mr. Stone said the most of the County was still forestry; however, the population has probably doubled since 1970.

Mr. Stone said a lot of people are building their homes on pine plantations.  Mr. Stone said compared to the 1950s and 1960s, with good communications, fast response, good training and equipment, the fires have been able to be kept down to about two acres in size.

Mr. Stone said although the County has about thirty to forty fires per year, they rarely get into the news because they are not large and dramatic fires.

Mr. Stone said what has not changed was the weather.  Mr. Stone stated in winter and early spring the County has California like weather.  Mr. Stone said Louisa gets dry cold fronts that come by in the winter and the spring.  Mr. Stone said with the high wind, moderate to low temperature and very low relative humidity, a fire would be dangerous.  Mr. Stone stated in such conditions the only thing that could be done would be to try to provide structure protection, provide safety for the firefighter and public, and hope for the best until conditions changed.

Mr. Stone said one of the worst wildfire fuels here in Louisa are pine stands and pine plantations.  Mr. Stone stated young pine plantations between the age of five to twenty years are the worst.  Mr. Stone said when the fuels are preheated from below, fire readily climbs into the dead lower branches like a ladder into the crown and cradle.

Mr. Stone said his training was to be very cautious with pine fires and to get out of the pine plantation and try to keep the fire within.

Mr. Stone showed the Board a photo slide show of homes that would not be able to be saved in case of fire because they are too close to pine trees, with no defensible space.

Mr. Stone said the definition of defensible space was the area between a home and an oncoming wildfire where the vegetation has been modified to reduce the wildfire threat and to provide an opportunity for firefighters to effectively defend the house.

Mr. Stone said he proposed that an ordinance be put in place that said how far citizens could build from pine stands and plantations.  Mr. Stone said he would be happy to work with the Planning Commission on the ordinance.  Mr. Stone said citizens expected to be rescued and their home to be saved

Mr. Harper said the Board appreciated all he does and thanked for him being proactive.  Mr. Wright agreed

Mr. Havasy said he recommended sending the forestry ordinance information to the Planning Commission for study and future recommendation to the Board.


OLD BUSINESS

Resolution Authorizing a supplemental appropriation to the Sheriffs Department

Mr. McLeod said a copy of the resolution was in the Boards packet.  Mr. McLeod said it was determined at the last budget meeting that he come back to the Board with the total in overtime and overruns. Mr. McLeod said the total was $293,000.

Mr. Byers said he thought Major Lowe said $54,000 would carry them through the rest of the year. Mr. McLeod said they were already over on some of their line items for overtime and the total given would be the difference.

Mr. Harper said he thought they would be able move within the budget so they would not go over.  Mr. Harper asked if the total budget was over.  Mr. McLeod said the total budget was not over.

Mr. McLeod said he had not been able to discuss this with Major Lowe because of other issues and the timing.  Mr. McLeod said he does know from where they are now, $293,000 plus what was left in the budget should carry them through the rest of this fiscal year.

Mr. Byers asked was it $54,000 plus $293,000 or was the $54,000 included.  Mr. McLeod said the $54,000 was included.

Mr. Byers asked if anything else needed to be done to take care of the overtime if the Board approved $293,000.  Mr. McLeod said he believed Major Lowe said he would try to lessen the overtime going forward.  Mr. Byers asked if $293,000 took into account the lessening of overtime.  Mr. McLeod said yes.

Mr. McLeod said in overtime and gas alone, the Sheriff was already over $87,798 in overtime and $22,657 in gas.  Mr. McLeod said those figures were for the end of March.

Mr. McLeod said the Sheriffs Department has 21.7 percent of the budget left at the end of March and most departments need 25 percent to make it through the last quarter.

Mr. Byers asked if $293,000 was what the Sheriff and Major Lowe said they needed to carry them through the rest of the year.  Mr. McLeod said for their overtime and overruns, yes.

Mr. Spencer said the Board met with the Major and approved their overtime for next years budget, which was $263,000 and at that time Major Lowe said that $54,700 would get them through the rest of the year.  Mr. Spencer said he was looking for a resolution for $54,700.  Mr. McLeod said $54,000 did not include the overruns.

Mr. Spencer asked where $54,000 came from.  Mr. McLeod said that would be just for overtime going forward from April to the end of the fiscal year.  Mr. McLeod said it didnt include overruns.

Mr. Wright said he thought the Board should delay the appropriation until more information was given by Major Lowe.

On motion of Mr. Wright, seconded by Mr. Byers, which carried by a vote of 7-0, the Board voted to postpone the approval of the supplemental appropriation until details are given from Major Lowe.

NEW BUSINESS

Resolution - Authorizing a supplemental appropriation to CSA/At Risk Youth

Mr. Paul Oswell stated as Chairman of the CPMT, he was requesting an additional allocation of $677,160 for the remainder of FY 08.   Mr. Oswell said the amount equates based on the match of $298,000 in local funds and $379,000 in state funds.  Mr. Oswell said at the end of the fiscal year this could be a higher or lower figure.  Mr. Oswell said it would be determined by what happens with the children currently being served and if other children came into care.

Mr. Oswell said the information given in the Board Packet states the percent of unduplicated children served was 18 percent, but that has changed to 22 percent.  Mr. Oswell s
aid CSA received three children Wednesday night on a emergency removal.

Mr. Harper asked what was going on with the Program.  Mr. Harper questioned if it was an unending, open ended ordeal and was there anyone taking a look at the Program.

Mr. Oswell said if the Board has seen all the material at the General Assembly this year with the changes in the match rate, the Board knows the costs has been shifted from Richmond to the localities.  Mr. Oswell said he does not see the amounts going down and the match rates would not benefit Louisa County and the bulk of the communities that are serving these at risk children.

Mr. Oswell said these were children that are mandated to be served by the State and they would like to serve them in the most unrestricted environment that they could.  Mr. Oswell said some children come with issues that can not be placed in regular foster homes, which would be the most cost efficient.

Mr. Oswell said CSA has reduced their reliance on residential treatment.  Mr. Oswell said there has been a 29 percent decrease in residential facility services and 31 percent decrease in children served in residential treatment facilities.

Mr. Harper asked if Mr. Oswell saw any formation of alliances with other counties to say to the General Assembly that they have to do something different to fix this.  Mr. Oswell said yes and CSA has been working with Region Ten to form some specialized foster homes.  Mr. Oswell said he heard that VaCO may introduce a bill that would eliminate CSA.

Mr. Byers asked who made the decision of where the child was placed.  Mr. Oswell said the FAPT (Family Assessment Planning Team) team makes a recommendation to the CPMT (Community Policy Management Team).

Mr. Byers questioned if there was someone on the team that did an assessment to make sure the best placement was being made for the dollars spent.   Mr. Oswell said to some level, yes.

Mr. Byers asked what responsibility the teams had to the locality.  Mr. Oswell said to provide the least restrictive placement for the child.

Mr. Oswell said the members of CPMT were in the code.  Mr. Oswell said to be honest, some people may feel that its easier to spend other peoples money. Mr. Oswell said he has a good feel how the monies are spent; however, the team consist of people from the State, people from the Schools and mental health people.

Mr. Havasy said he was having a hard time with a $1 million budget that was missed by $700,000.  Mr. Havasy said it sounds like there are people on the team that dont have a problem sending a child to Florida and spending $12,000 to $15,000 permonth.  Mr. Havasy said there needed to be some answers.

Mr. Havasy asked Mr. Oswell if CSA always got the money from the State. Mr. Oswell said the children are mandated and the State cant say no.  Mr. Havasy said but the State can cut the budget and say the money was not available.  Mr. Havasy asked did CSA always get the match rate back.  Mr. Oswell said that was his understanding.  Mr. Havasy said he was looking for a yes or a no answer.  Mr. Oswell said the County pays 100 percent and then gets reimbursed at their match rate.  Mr. Havasy questioned if the County always got the match rate back.  Mr. Oswell said he believes the County does.

Mr. Harper asked Mr. McLeod to check on whether the County gets the match rate back.

Mr. Oswell said there were some issues on the timing of the reimbursement, but CSA would seek monthly reimbursement, opposed to quarterly to improve cash flow to the County.

Mr. Havasy said he understood the children are mandated.  Mr. Havasy said the Board just wants to know if CSA was doing the very best they could with the Countys money to eliminate some of the debt services.  Mr. Havasy said he would like the Board to instruct the County Administrator to look into a consultant to find out what could be done with these extremes circumstances.  Mr. Havasy said the situation looks open ended and it doesnt look like the County has a choice.

Mr. Harper said if VaCO was working on it, that would be the place to start.  Mr. Harper said if the County hired a consultant independently, they wouldnt carry any more weight than the Board.

Mr. Wright said since he was on CPMT he knows the only time they send the children to another State was if there arent facilities available in Virginia.  Mr. Wright said CSA met with three members of the General Assembly.  Mr. Wright said they asked why there were all these state facilities and all but one was vacant.   Mr. Wright said they asked why werent those facilities being used for the children.  Mr. Wright said the General Assembly members said they would look into it.  Mr. Wright said they also asked the members if they could justify the costs for the in state treatment facilities.  Mr. Wright said the members said a study had just been done.  Mr. Wright said the federal, state and local have the same source of income and thats the taxpayer.

Mr. Gentry asked who made the determination of who was a special education student. Ms. Oswell said the Schools.

Mr. Oswell said he would encourage the Board to talk to Dean Lynch with VaCO, who was very much in tune with CSA.

Mr. Spencer said he served on the CPMT and they could say they are not going to accept FAPTs recommendation.  Mr. Spencer said there were only four community based treatments out of all the children in CSA.  Mr. Spencer said when he was on CPMT, the way they brought the budget down was requiring the Social Workers to do home-based counseling.  Mr. Spencer said he had absolutely no intentions of voting for the supplemental appropriation.

Mr. Spencer stated he would like to make a motion to deny the request for a supplemental appropriation of $677,160 for contractual services related to CSA.  Mr. Gentry seconded the motion for discussion

Mr. Barnes said the CPMT had the authority to not to take the recommendation of FAPT.  Mr. Barnes said the only way to get the numbers down would be for the community-based interventions to go up. Mr. Barnes said majority of these were children that they want out the system because of behavior.  Mr. Barnes said when you look at the economic piece of this, these are the children receiving free lunch, children with low economic standing and children with behavior problems.  Mr. Barnes said this was more of a social categorization then anything else.

Mr. Byers asked if the bills that were presented wouldnt get paid if the motion made by Mr. Spencer passed.  Mr. McLeod said if the Board told him to pull them, he would have to; however, by law, he was required to pay them.

Mr. Spencer said the motion was not to not pay the bills, the motion was not to give the supplemental appropriation until someone came to the Board and showed that they are doing community based counseling to bring the children back home.


Mr. Spencer stated he would like to withdraw his previous motion.

On motion of Mr. Spencer, seconded by Mr. Havasy, with Mr. Wright voting against, which carried by a vote of 6-1, the Board approved to only pay the existing bills for contractual services related to CSA, and before an additional supplemental appropriation was considered, Mr. Oswell needed to report back to the Board and convince them that the proper effort was being made to bring the numbers down by using home-based counseling.

PUBLIC HEARINGS

Public Hearing Abandonment of the state owned and maintained right-of-way along State Route 749, from the southern end of the road for approximately 614 linear feet north towards State Route 33, in the Green Springs Voting District.

Mr. Lintecum said the request came before the Board in May of last year.  Mr. Lintecum said in the Board Packet was a diagram of the abandoned cul-de-sac and the replacement.  Mr. Lintecum said the Board Packet also included a letter from VDOT stating they did not have a problem with the abandonment.

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

On motion Mr. Havasy, seconded by Mr. Barnes, which carried by vote of 7-0, the Board voted to abandon the state owned and maintained right-of-way along State Route 749, from the southern end of the road for approximately 614 linear feet north towards State Route 33, in the Green Springs Voting District.

NEW BUSINESS

Resolution Authorizing a supplemental appropriation to the County Attorneys Office.

Mr. McLeod said at this point time there was not resolution needed.  Mr. McLeod said there was a cost savings because there was not a full-time employee in that Department.

Discussion Potential impact of Unit 3

Mr. Lintecum said he brought up the Boards concerns at the NRC public hearing.  Mr. Lintecum said Boards concerns have been noted by the NRC.

Mr. Byers said at the NRC meeting, there were a number people who spoke and made comments.  Mr. Byers said the Schools had developed an impact statement that he believed has been submitted in the past.

Mr. Byers said he was interested in working with Dominion Power to get an independent study that would assess the impact.  Mr. Byers said the study would be looked at objectively and would say if there would be an increase.  Mr. Byers said if there was going to an additional impact on the County, the Board should be prepared.

Mr. Harper said the Board had mentioned getting a third party.  Mr. Harper asked Mr. Lintecum if anything had been done towards that.  Mr. Lintecum said he was waiting for direction from the Board.

Mr. Barnes said his main concern was to make sure Dominion understood that he was in support of the project.

Mr. Wright said this has been discussed for the last five years.  Mr. Wright said he had attended every NRC public hearing and they give the same message.  Mr. Wright said the traffic problem was from the housing development, not the potential of unit three.

Mr. Wright said all the impact was not going to be on Louisa County.  Mr. Wright said all the people dealing with unit three couldnt live in Louisa if they wanted to, because there wasnt enough housing.  Mr. Wright said the day that unit three was done it would bring $10 to $15 million per year to Louisa County.

Mr. Havasy said he was all for the project and Dominion has been one of the best commercial industrial industries a county could ask for.

Mr. Spencer said he was behind Dominion one million percent.  Mr. Spencer said asking Dominion to pay for the impact on the Schools is like telling someone that would opening a bowling ally, that the County expects them to pay.

Mr. Gentry said he was in support of the unit; however, there wasnt anything wrong with addressing the impact and just getting additional data.  Mr. Gentry said the County may need water out of the lake.Mr. Gentry said he sees nothing wrong with stating concerns of the potential impact.

Mr. Byers said the comments made by each of the Board Members, including himself showed they are in support of Dominion and the unit three.  Mr. Byers said if there was going to be an impact, there should be an independent assessment.

Mr. Harper asked Mr. Lintecum for suggestion and suggested using in house staff.  Mr. Harper asked Mr. Lintecum to take that into consideration and come back to Board at the second meeting in May and tell them what he came up with.

Schedule Public Hearing REZ17-07; Douglas E. Darling, Applicant; request conditional rezoning of approximately 1,072.3302 acres from Agricultural (A-2) to Rural Estate (RE).

On motion Mr. Havasy, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board voted to schedule public hearing REZ17-07; Douglas E. Darling, Applicant; request conditional rezoning of approximately 1,072.3302 acres from Agricultural (A-2) to Rural Estate (RE) for May 19, 2008.

COMMITTEE REPORTS

Mr. Havasy said he would like to applaud Nancy Lear and Bill Small of the Clean Community Commission for the wonderful job they have done as volunteers and for setting up the trash pickup.

Mr. Harper said from Chopping Road to the Town of Louisa some youth were out there and did a great job. Mr. Harper said across from the Schools looks horrible.  Mr. Harper asked if Mr. Havasy wanted to challenge the School Board to meet him out there.  Mr. Havasy said absolutely.

COUNTY ADMINISTRATORS REPORT

Mr. Lintecum stated the review of potential Departmental/Agencies Overruns was included in the Board Packet.

Mr. Lintecum stated the public informational meetings on the James River Water Project would be held Wednesday, April 23 and Thursday, April 24 from 4:00 p.m. to 7:00 p.m. at the Betty Queen Intergenerational Center.

Mr. Lintecum stated EMS Revenue Recovery Informational Meetings would be held on the following dates:
Louisa County Middle Monday, April 28th 7 PM
Trevilians Elementary Monday, May 12th 7 PM
Jouett Elementary Monday, July 7th 7 PM
Louisa County Middle Monday, July 21st 7 PM
Trevilians Elementary Monday, August 4th 7 PM
Holly Grove Rescue To Be Announced

Mr. Lintecum said Community Development summary of activities for March 2008 were included in the Board Packet

Mr. Lintecum said Louisa County Land Disturbing Activities for March 2008 were included in the Board Packet

Mr. Lintecum said a memo from Major Lowe about the Sheriffs Department being awarded an ATV was included in the Board Packet.

Mr. Byers said he attended the Revenue Recovery meeting at Jouett Elementary and he thought the presentation and feedback from those who attended were very good.
Mr. Byers encouraged the Board Members if they came in contact with any of the volunteers, to encouraged them to go to the meetings because they could be an asset  in explaining the program to the citizens.  Mr. Byers applauded the staff that has been working with the Program.  Mr. Havasy agreed.

CONSENT AGENDA ITEMS

Resolution To approve a supplemental appropriation for Four for Life funding

On motion of Mr. Barnes, seconded by Mr. Spencer, which carried by a vote of 7-0, the Board adopted a resolution to approve a supplemental appropriation for Four for Life funding.

APPROVAL OF BILLS

On motion of Mr. Spencer, seconded by Mr. Wright, which carried by a vote of 7-0,  with Messrs Wright, Barnes, Gentry and Byers abstaining from bills pertaining to themselves, the Board adopted a resolution approving the bills for the first half of April 2008 for the County of Louisa in the amount of $773,472.49.

APPROVAL OF MINUTES

On motion of Mr. Wright, seconded by Mr. Havasy, which carried by a vote of 7-0, the Board adopted the minutes of the March 26, 2008 meeting.

Mr. Spencer stated he had a correction for the April 2, 2008 minutes.  Mr. Spencer said on page 12, “judges” should be changed to “prisoners.”

On motion of Mr. Gentry, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted the minutes of the April 2, 2008 meeting.

On motion of Mr. Gentry, seconded by Mr. Wright, which carried by a vote of 7-0, the Board adopted the minutes of the April 7, 2008 meeting.

CLOSED SESSION

On motion of Mr. Spencer, seconded by Mr. Wright, which carried by a vote of 7-0, the Board voted to enter Closed Session at 7:30 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 reporting directly to the Board of Supervisors.

Mr. Wright left at 7:35 p.m.

REGULAR SESSION

On motion of Mr. Barnes, seconded by Mr. Havasy, which carried by a vote of 6-0, the Board voted to return to Regular Session at 8:38 p.m.

RESOLUTION - CERTIFICATION OF CLOSED SESSION

On motion of Mr. Gentry, seconded by Mr. Barnes, 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 21st day of April 2008, pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and

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

NOW, THEREFORE BE IT RESOLVED on this 21st day of April 2008, that the Louisa County Board of Supervisors does hereby certify that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting was heard, discussed or considered by the Louisa County Board of Supervisors.

ADJOURNMENT

On motion of Mr. Barnes, seconded by Mr. Gentry, which carried by a vote of 6-0, the Board voted to adjourn the April 21, 2008 meeting at 8:38 p.m.


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