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APRIL 25, 2007
5:00 P.M.



Board Present: *Willie L. Gentry, Jr., Willie L. Harper, Richard A. Havasy, Allen B. Jennings and Jack T. Wright

* Willie L. Gentry, Jr. left at 5:14 p.m.
Board Absent: Fitzgerald A. Barnes and Eric F. Purcell
School Board Present: Robin L. Horne
Others Present: C. Lee Lintecum, County Administrator; Patrick Morgan, County Attorney; Amanda Lloyd, Office Manager, David Melton, Division Superintendent; Pat Lacy, School’s Attorney

CALL TO ORDER

Chairman Wright called the April 25, 2007 meeting of the Louisa County Board of Supervisors to order at 5:02 p.m.  

        On motion of Mr. Harper, seconded by Mr. Havasy, with Messrs Barnes and Purcell being absent, which carried by a vote of 5-0, the Board voted to go into open session.  

Mr. Wright stated while in the course of budget preparation, the Board of Supervisors has a need to know the legal and financial responsibilities it will be called upon to bear based on whether the School Board has determined to terminate or continue its contracts with its Architect and Construction Management firm.  Mr. Wright said the wisdom of the contracts or any provision in them is not a topic of discussion tonight.

Mr. Wright stated it is anticipated that the legal avenues the School Board chooses to pursue in this matter, if any, will have a substantial impact on the 07-08 budget.  Mr. Wright said for that reason, the Board of Supervisors needs to know, without violating any confidentiality, what legal liabilities it and the School Board may face in the next year, based on these contracts.  Mr. Wright added, therefore, it has been requested that this meeting be held in closed session in accordance with section 2.2-3711 A 7 of the Code of Virginia.

Mr. Wright said the Board of Supervisors needs some indication on the school standpoint by May 7, 2007 for the public hearing.  

Mr. Havasy said regardless of the decision the School Board makes, the Board of Supervisors arent going to have any part of the decision.  Mr. Havasy added, therefore, it is not pertinent for the Board of Supervisors to know what is going to be done or why because the Board is going to see the numbers in the budget and questioned the need to go into closed session.

Mr. Wright said the Board wanted opinions for legal options and legal counsel is discussed in closed session.  Mr. Wright added there will be no action for the Board to take.  Mr. Wright added the decision will be made by the School Board.

Mr. Havasy questioned why the Board needs to be part of this meeting if they arent
part of the final decision.  

Mr. Pat Lacy, the Schools Attorney, stated he was there to share the legal consequences taken with legal actions and the Board is not being asked to take any action.  Mr. Lacy said they may be asking the Board for guidance because the School Board, being fiscally dependent upon the Board of Supervisors, is not in a position to be taking action.  Mr. Havasy said if guidance is being asked for then it should be public.  Mr. Lacy said they arent going to be asking for guidance, but this is information the Board should hear from him.

Mr. Wright stated any questions the Board may have about the contract can be directed to Mr. Morgan.  Mr. Harper questioned if closed session would be to discuss potential litigation.  Mr. Morgan said yes.  

CLOSED SESSION

On motion of Mr. Jennings, seconded by Mr. Wright, which carried by a vote of 4-1, with Mr. Gentry voting against, the Board voted to enter Closed Session at 5:13 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.

Mr. Gentry left the meeting at 5:14 p.m.

REGULAR SESSION

On motion of Mr. Harper, seconded by Mr. Havasy, which carried by a vote of 4-0, the Board voted to return to Regular Session at 6:08 p.m.

RESOLUTION - CERTIFICATION OF CLOSED SESSION

On motion of Mr. Havasy, seconded by Mr. Jennings, which carried by a vote of 4-0, the Board voted to adopt the following resolution:

WHEREAS, the Louisa County Board of Supervisors has convened a Closed Meeting this the 25th day of April 2007, 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 25th day of April 2007, 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. Harper, seconded by Mr. Havasy, which carried by a vote of 4-0, the Board voted to adjourn the April 25, 2007 meeting at 6:09 p.m.



BY ORDER OF


________________________________
JACKSON T. WRIGHT, CHAIRMAN
LOUISA COUNTY BOARD OF SUPERVISORS
LOUISA COUNTY, LOUISA, VIRGINIA