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June 20, 2005
5:00 P.M.



Board Present: Willie L. Gentry, Jr., Willie L. Harper, Allen B. Jennings, David B. Morgan, 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 ORDER

Vice-Chairman Gentry called the June 20, 2005 regular meeting of the Louisa County Board of Supervisors to order at 5:00 p.m. Mr. Jennings led the invocation, followed by the Pledge of Allegiance to the flag.

APPROVAL OF BILLS

Mr. Wright questioned if the $7,983.00 listed under Solid Waste Control for brush recycling was an ongoing expense or a one-time charge. Mr. Wright questioned what period of time the contractual services listed under Parks and Recreation for Lawn Service at $8,350 covered. Mr. Jennings said that he would like to abstain from a check that is listed under Parks and Recreation pertaining to his daughter, Tewanna Mallory. Vice-Chairman Gentry
said that he would like to abstain from a mileage reimbursement check pertaining to him.    

Ernie McLeod, Deputy County Administrator, replied that this was an ongoing expense. Pat McWilliams, Director of Public Works, explained that the tipping fees help offset these costs. Mr. McLeod said that the fee reflected for lawn service should cover a one-month period, but he would verify the information and send an email to the Board confirming.  

On motion of Mr. Wright, seconded by Mr. Purcell, which carried by a vote of 6-0, with Mr. Gentry abstaining from a reimbursement check pertaining to him and Mr. Jennings abstaining from a check pertaining to his daughter that is listed under Parks and Recreation, a resolution was adopted approving the bills for the first half of June 2005, for the County of Louisa in the amount of $160,306.45.

CONSTITUTIONAL OFFICERS

There were no Constitutional Officers wishing to address the Board.

CITIZENS INFORMATION PERIOD

There were no citizens wishing to address the Board.

ADOPTION OF THE AGENDA

Dr. Morgan reminded the Board that during their last meeting they had talked about giving the Building and Grounds Committee until today to report on the Monument and asked if this would be added as a topic to the agenda or if it were going to be discussed under Committee Reports. The Board agreed to address this item under Committee Reports. Vice-Chairman Gentry said that he would like to add the presentation for Larry Lewis as a topic to the agenda.

        On motion of Dr. Morgan, seconded by Mr. Wright, which carried by a vote of 6-0, the June 20, 2005 agenda was adopted as amended.

PRESENTATION

Resolution of Acknowledgement for the Medics Efforts During the Recent School Bus Accident

Mike Schlemmer, Emergency Services Coordinator, introduced Mark Furgurson, Deputy Coordinator of Emergency Services and the career medics Dave Flint, Mike McGirr, Nancy Burrows, Kirsten Contaxis, Scott Williamson, and Allen Bryant to the Board. Mr. Schlemmer stated that Josh Samuels and T. J. Curtin are two other career medics that were unable to attend tonights meeting.

Dr. Morgan stated that the Thomas Jefferson EMS Council has recognized the efforts of some of the members from the Louisa County Rescue Squads for their efforts regarding the management of the accident scene at the mass casualty situation associated with the school bus incident. Dr. Morgan said that everyone acknowledges that this was a tragic event for the entire County, but he feels that the efforts of these individuals mitigated the severity of the accident and helped rendering care to the individuals that needed it. The Board discussed this topic in great detail commending the individuals that responded and thanked them for their support. Mr. Wright said that he feels that it is a well due recognition. Mr. Purcell explained that he rode with one of the rescue squads in his younger days, which changed his whole appreciation for everything that these individuals do. Mr. Harper said that at times it might seem as though the Board and other parties are not paying attention to what this staff does, but he assured them that they are not taken for granted for the work they do. Mr. Jennings said that he received several comments from individuals on how well the emergency crews responded to this call and the special job that they did. Mr. Gentry reiterated that he has heard a lot of comments about how well this were handled. Dr. Morgan read the resolution for all to hear and presented to the Emergency Services Career Staff.  

On motion of Dr. Morgan, seconded by Mr. Jennings, which carried by a vote of 6-0, a resolution of acknowledgement was adopted for the Louisa County Emergency Service Responders on receiving the Thomas Jefferson Emergency Medical Services Call of the Year.  

Mr. Schlemmer introduced Glenda Cosby to the Board as their new office assistant that was hired for the summer intern program.

NEW BUSINESS

Resolution - Budget Supplement For At Risk Kids

Paul Oswell, Community Policy and Management Team (CPMT) Chairman, informed the Board that he was here this evening to request a supplemental allocation of Comprehensive Services Act (CSA) funds for at risk youth and families for the amount of $328,542, which equates to 55.99% state funding and 44% local funding. This helps support mandated children that are placed in the care of others either through foster care or other services. Mr. Oswell explained that the CSA Act created two special teams, which are the Family Assessment and Planning Team (FAPT) and the CPMT. Both of these teams consist of representatives from various child-serving agencies. Mr. Oswell identified the number of children that are currently in foster care in Louisa County and said that the numbers continue to increase. Mr. Oswell identified some of the programs that they continue to work on increasing such as Title 4E and Medicaid Access. Mr. Oswell said that the children that come into the system through the CSA program is typically placed in foster care and the children that come to them through the court system are typically placed in residential treatment facilities, which tend to cost more.    

The Board discussed this topic in great detail with Mr. Harper asking what the amount was of local funding out of the $328,542. Mr. Harper questioned who decides when a child goes into Child Protective Services (CPS) and when they are able to come out of the program. Vice-Chairman Gentry told Mr. Oswell that he continues to hear what the courts are doing and asked what the Board could do about it. Vice-Chairman Gentry said that some of these services run from $180 to $400 per day and asked Mr. Oswell to explain how this is determined. Dr. Morgan asked Mr. Oswell to send him the number of children involved in the program for Louisa County based on our population as compared to other counties in the state of Virginia, the cost that they are paying per child versus other counties, and whether the same rate of increase is being seen across the Commonwealth. Dr. Morgan said that Mr. Oswell referred to the market dictating the cost and questioned if the care for these children was provided within the County or wherever a bed happened to be available. Dr. Morgan questioned if there was any discussion or regulating the cost of these facilities when the state reduced the number of beds. Mr. Wright said that during their recent Social Services Board meeting, he suggested that they invite the Judge to meet with their group to get some feedback from her on options that they might be able to consider. Mr. Wright stressed the importance of getting the Judge to understand what impact the total cost has on Louisa County. Mr. Purcell said that he believes that they need to make peoples lives in Louisa County better by getting in some economic benefits that could help all of the citizens.

In response to the Boards question Mr. Oswell replied that the local funding would be $144,583. Mr. Oswell said that if a child came in through CPS, they have 48 hours to report to a Judge and inform them of why they took a child into care. Mr. Oswell explained that a Judge makes their decision based on the evidence and information that they have before them. Mr. Oswell said that they have been working closely with the courts to try to minimize the number of kids that are coming into care. Mr. Oswell explained that the state of Virginia has severely cut the number of public beds; therefore, they have to often call around to find an available spot to place a child. Mr. Oswell pointed out that Louisa County has the fifteenth highest match rate in the state of Virginia out of the 131 localities that are identified as having a CSA match rate. Mr. Oswell said that the children are placed wherever there is a bed available since there is only one location in Louisa County that offers these services. Mr. Oswell said that the costs of these facilities tend to be market driven. Mr. Oswell said that their service unit has a post dispositional service unit program that will begin in July, which might reduce some of the court referrals.  

On the motion of Mr. Wright, seconded by Mr. Jennings, which carried by a vote of 6-0, a resolution was adopted for a supplemental appropriation for CSA mandated services in the amount of $328,542 for At Risk Youth.

Resolution - Recognizing Larry Lewis for His Thirty-Four Years of Service to Louisa County

Vice-Chairman Gentry said that at the last Board meeting, they passed a resolution recognizing Mr. Lewiss service to the County.  Lee Lintecum, County Administrator, read the resolution for all to hear. Mr. Jennings presented the resolution on a plaque to Mr. Lewis and congratulated him.

Resolution - Budget Supplement Parks & Recreations Self-Supporting

Mr. McLeod explained that this supplemental appropriation is for Parks and Recreations self-supporting programs that occur after school.

On motion of Mr. Wright, seconded by Mr. Purcell, which carried by a vote of 6-0, a resolution was adopted to provide a supplemental appropriation to Parks & Recreations Self-Supporting Programs in the amount of $136,043.

Resolution - To Appropriate the Fiscal Year 2005 2006 Annual Budget

Mr. McLeod explained to the Board that this resolution is to appropriate the FY06 Annual Budget in the amount of $61,425,130 for the General Fund and $5,039,284 for the Capital Improvement Fund. Mr. McLeod pointed out that the amount for the General Fund was decreased by $9,140 by the schools Cafeteria Fund. Mr. McLeod stated that this budget is by department and the schools are by category.

The Board discussed this topic in detail with Mr. Wright asking for clarification if they would be using the same process to pay the monies out as they have in the past.

Mr. McLeod confirmed that the monies would be handled in the same manner and identified how this occurs.

On the motion of Mr. Wright, seconded by Mr. Purcell, which carried by a vote of 6-0, a resolution was adopted to appropriate the FY 2005-06 Annual Budget that was approved and adopted by the Board of Supervisors on June 6, 2005 for a total amount of $66,464,414, which is $61,425,130 for the General Fund that includes the schools budget by category and $5,039,284 for Capital Improvement Projects.

Resolution - Budget Supplement For Trevilian Station Battlefield Foundation

Mr. McLeod explained that this resolution is to appropriate supplemental funds to the Trevilian Station Battlefield Foundation (TSBF). Mr. McLeod said that VDOT cuts a check to the County for 80% of the costs and the County supplies matching funds of 20%, which has not been appropriated. Mr. McLeod identified the three funds that need to be appropriated and their amounts.

The Board briefly discussed this topic with Mr. Purcell reminding them of the letter that he sent to Kathy Stiles, Trevilian Station Battlefield Foundation President, expressing concerns about what they were doing with the monies they had been receiving from federal, state, and local levels. Mr. Purcell said that he hopes to meet with the foundation to clear up these matters; therefore he would not support this appropriation until he has the matter resolved for their purpose and intent.

On motion of Mr. Wright, seconded by Dr. Morgan, which carried by a vote of 4-2, with Messrs Jennings and Purcell voting against, a resolution was adopted to provide a supplemental appropriation to Trevilian Station Battlefield Foundation for Federal Funds that the County has received for Battlefield Preservation at $13,333, National Park Service at $672,703 and for the Auto Tour at $11,743.22.

COMMITTEE REPORTS

Mr. Wright informed the Board that the Building and Grounds Committee has continuously been working on the issues that pertain to cleaning the Civil War Monument that is located at the Courthouse. Mr. Wright said that there are still issues that need to be resolved, but he feels very strongly that the County has an obligation to clean this monument. Mr. Wright explained that there is an upcoming ceremony that is scheduled to take place in August 2005 for its 100-year commemoration; therefore time is limited to have these services performed. Mr. Wright said that the general consensus is that the County does own the monument. Mr. Wright said that if the Board approves this, he feels that it would be expeditious to ask the TSBF (Actual payment would go to Camp 1434 of the Sons of Confederate Veterans) to award a contract to the lowest bidder that they received a quote from that is located in Northern Virginia since they are not bound to the same constraints that the County is and the time is essential. Mr. Wright said that the monument was dedicated to the citizens of Louisa County and has been there since 1905. Mr. Wright said that the company that provided a quote to the TSBF cleans many statutes, which requires a specialized service working with all of the materials.

The Board discussed this topic in great detail with Mr. Purcell asking Mr. Wright to clarify if he is making the motion to accept Pat Morgans, County Attorney, interpretation that the County owns the monument and have TSBF accept the current bid to complete the project and then the County would reimburse them. Dr. Morgan said that he would like to see the mortar fixed for the additional $2,000 that was provided on the same quote. Dr. Morgan said that based on the research that has been done by the Building and Grounds Committee, he is satisfied that the monument belongs to the County and would support having these services done prior to the August celebration. Mr. Purcell asked Mr. Morgan how often in his research he came across a locality assuming ownership of property when lack of evidence supports any ownership. Vice-Chairman Gentry asked Mr. Morgan if it is legitimate to have another organization issue a purchase order and have the County reimburse them for the expenses.  

Mr. Wright confirmed that he wanted to have TSBF accept the bid that they received and have the County reimburse them for the expenses incurred. Mr. Morgan said that he did not find any cases of this nature throughout his research. Mr. Morgan said that he only found one case that set forth a standard of how something does become part of the real property. Mr. Morgan said that the County has done some projects like this in the past as part of their procurement process.

Mr. Jennings stated that he had several concerns pertaining to the monument. Mr. Jennings said that it is apparent that this monument is the Countys property as it was dedicated in 1905. Mr. Jennings expressed concerns about the cost of cleaning the monument saying the he felt is was extremely high. Mr. Jennings said that he researched sculpture cleaning and examined the monument itself, which he provided pictures of to the Board for their review. Mr. Jennings said that he does not feel that it would be a difficult job to clean this monument since he was able to clean a small portion of it while he was there and recommended that they have the Public Works Department clean the monument or send it out for bid themselves to see three different bids.

The Board discussed this topic further with Vice-Chairman Gentry saying that statues of this nature come back with a wax protective coating once it has been cleaned and asked if this was something that they would be able to do. Mr. Wright said that he understood that it has been estimated that the current value to replace this monument would be around $500,000.

Mr. Jennings confirmed that they would be able to apply this protective coating. Mr. Jennings said that he agrees that the mortar should be replaced.

Upon further discussion by the Board, Dr. Morgan said that he believes that the restoration and maintenance of an irreplaceable work of art should not be left to individuals that do not know how to restore such items. Mr. Purcell questioned why the Judge would not say that the County owns the monument based on the correspondence that he sent to him addressing this issue. Mr. Purcell stated that before they assume ownership of an item on the Courthouse grounds, he would like to have the permission of the Judge; therefore, he would not support this without this permission. Mr. Harper called a point of order.

Mr. Wright made the motion to allow up to $11,000 to cover the cost of this and request that TSBF proceed with their contractor from Northern Virginia for the cost of $8,800 along with the cost of the additional work that they said might be necessary, but would not exceed $11,000.

Dr. Morgan seconded the motion.

Vice-Chairman Gentry requested a roll call to verify those individuals that are in favor of the motion and those that are not in favor.

PRESENTVOTE
David B. Morgan, M.D.Yes
Eric F. PurcellNo
Jack T. WrightYes
Willie L. Gentry, Jr.Yes
Willie L. HarperYes
Allen B. JenningsNo

        On motion of Mr. Wright, seconded by Dr. Morgan, which carried by a vote of 4-2, with Messrs Jennings and Purcell voting against, the Board agreed to have TSBF proceed with the contractor they received a bid from that is located in Northern Virginia to restore the monument and the mortar at a cost that would not exceed $11,000.  

BOARD APPOINTMENTS

The Board did not appoint anyone to a committee or commission 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 letter from the Central Virginia Regional Jail, which they authorized a public hearing at their last meeting to be held for a sewer easement. Mr. Lintecum said that effective July 1, 2005 there is a change that would no longer require a public hearing; therefore, he would just add this as an agenda item to address this issue.

Mr. Lintecum informed the Board that he has enclosed a letter from Ricky Bywaters, Fire Association President, requesting more time to meet with Mr. Schlemmer to come up with their recommendations on paid fire personnel.

Dr. Morgan said that Mr. Lintecum had been providing the Board with timelines on various issues and he would like to have an updated list by the next meeting reflecting various issues such as the technology survey and the Demolition Ordinance.

Mr. Lintecum informed the Board that under separate cover he had enclosed a draft copy of the Countys Procurement Ordinance, which he would like to add to the agenda for their July 5, 2005 meeting to either schedule for public hearing or for discussion.

Mr. Wright questioned if they would be able to discuss this topic during their July 5, 2005 meeting and add it to the Consent Agenda to schedule it for public hearing at their first meeting in August. Mr. Lintecum confirmed that they would be able to do both at the same meeting. Mr. Harper said that he believes that holding the public hearing ahead of time could be beneficial since it would allow them to receive input prior to making a decision.

Mr. Lintecum informed the Board that he has enclosed a copy of the report from Darren Coffey, Community Development Director, outlining the month of May.

CONSENT AGENDA

On motion of Dr. Morgan, seconded by Mr. Wright, which carried by a vote of 6-0, the Board agreed to adopt the Consent Agenda for the two-scheduled public hearings that will be held on July 5, 2005.

On motion of Dr. Morgan, seconded by Mr. Wright, which carried by a vote of 6-0, a resolution was adopted for a supplemental appropriation to the CIP for replacement vehicles in the amount of $2,000.

CORRESPONDENCE

Mr. Lintecum informed the Board that the current subdivision ordinance meets the requirements of the state, which means that they are still eligible for the Rural Addition Program with VDOT.

The Board briefly discussed this topic with Mr. Gentry saying that they had requested several projects with the Rural Addition and Revenue Sharing and asked Mr. Lintecum if they had received a response back from VDOT regarding their requests.
Dr. Morgan said that along those same lines, when Milton Thacker was here last time, they requested a letter to be sent to their legislatures requesting that some consideration be made to allowing for Rural Rustic Roads to be designated within the Rural Addition Program and asked if this letter had been sent.

Mr. Lintecum replied that he had received a response back from VDOT saying that they were reviewing them and evidently the General Assembly put more money into that budget and said that they would respond to them in the future about their request. Mr. Lintecum replied that this letter had not been sent yet.

LEGAL CORRESPONDENCE

Pat Morgan, County Attorney, did not discuss any correspondence with the Board.

APPROVAL OF MINUTES

        On motion of Mr. Purcell, seconded by Mr. Wright, which carried by a vote of 6-0, the Board adopted the minutes of June 6, 2005 as presented.

ADJOURNMENT

On motion of Mr. Wright, seconded by Dr. Morgan, which carried by a vote of 6-0, the Board voted to adjourn the June 20, 2005 regular meeting at 6:26 p.m.



BY ORDER OF

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