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July 5, 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
Others Present: C. Lee Lintecum, County Administrator; Ernie McLeod, Deputy County Administrator; Patrick Morgan, County Attorney; and Mary Jackson, Deputy Clerk

**Tape Inaudible**


CALL TO ORDER

Chairman Barnes called the July 5, 2005 regular meeting of the Louisa County Board of Supervisors to order at 5:00 p.m. Dr. Morgan led the invocation, followed by the Pledge of Allegiance to the flag.

APPROVAL OF BILLS

Mr. Gentry questioned if the VACo bill was an annual bill.

Lee Lintecum, County administrator, confirmed that this was an annual bill and is based on the population of the County.

On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, with Mr. Wright abstaining from a check pertaining to Lacy Funeral Home where he is employed, Mr. Jennings abstaining from a check pertaining to his daughter that is listed under Parks and Recreation, and Chairman Barnes abstaining from a check pertaining to Galilee Baptist Church where he is a member, a resolution was adopted approving the bills for the second half of June 2005 for the County of Louisa in the amount of $333,155.26.

CONSTITUTIONAL OFFICERS

Sheriff Fortune provided an update to the Board on the activities that took place in the Sheriffs Department during the month of June. Sheriff Fortune identified the amount of warrants, civil papers, and traffic summons that were served during this time. He went on to state the amount of calls that they received for the month and the types of calls they responded to. In closing, Sheriff Fortune said that Lt. Buck Garner would be testifying on July 25, 2005 for a murder case that involved their bloodhound.

Mr. Gentry questioned how many Louisa County sticker violations they had for the month of June.  Sheriff Fortune replied that they had issued thirty tickets for sticker violations.

George Hayfield, Town of Louisa Manager, asked the Board if they would consider waiving the building permit fee for the construction project of the new Town Hall.

Chairman Barnes assured Mr. Hayfield they would add this as a topic to their agenda for consideration.

CITIZENS INFORMATION PERIOD

John Strong, Cuckoo District, expressed his concerns to the Board about the intentions of the Trevilian Station Battlefield Foundation (TSBF) to create a hunting preservation instead of a park as originally planned. Mr. Strong said that he believes this would have a negative impact on both economic development and tourism in the area.  

ADOPTION OF THE AGENDA

Chairman Barnes said he would like to add an update from Stuart Cooke for the Rappahannock Juvenile Detention Board, the ordinance that addresses site plans per Eric Purcells letter, and the TSBF as topics for discussion.

Mr. Purcell said he would like to add the proposed A-2 Subdivision Ordinance amendments that is listed under the Consent Agenda as a topic for discussion.

Mr. Lintecum said he would like to add a resolution for the Boards consideration for a declaration of donation for a step van.

        On motion of Mr. Purcell, seconded by Mr. Jennings, which carried by a vote of 7-0, the July 5, 2005 agenda was adopted as amended.

PRESENTATION

VDOT Update Milton Thacker

Milton Thacker, VDOT Resident Engineer, summarized VDOTs current maintenance activities to the Board saying they have completed the repairs and surfacing projects in the Town of Mineral, mowing of secondary roads, preparing Route 699 (Indian Creek Road) for rural rustic, placed riprap on specific routes, and removed storm debris. Mr. Thacker identified VDOTs current construction activities as having completed the ditching and pipe replacement on Route 750 (Lands End Road) to prepare for paving, overlay operations on I-64, and preparing to install guardrail on Route 799 (Beaver Dam Road) to reopen the road. Mr. Thacker identified VDOTs general activities as working with Bob Gibson, Louisa County Director of Economic Development, on several projects that are under consideration for development, the Enhancement Program for both the Trevilian Station Civil War Battlefield and the Main Street Streetscaping that have both been approved, speed reduction for Route 710 (Johnson Mill Road) from 55MPH to 40MPH, adding speed advisory signs on Route 208 (Courthouse Road) .30 miles north of Route 642 (Old Bickley Town Road) to reflect 45MPH for the curve, and the recommendation of pavement centerline marking for Route 644 (Mount Airy Road) between Route 33 (Jefferson Highway) and Route 605 (Shannon Hill Road) and Route 628 (Fredericksburg Avenue/Bibb Store Road) between Route 22 (East Main Street) to Route 613 Goldmine Road).  

Rappahannock Juvenile Detention Board Update Stuart Cooke

Stuart Cooke, Rappahannock Juvenile Detention Board Representative (RJDB), provided an update to the Board on the recent meeting that was held on May 23, 2005. Mr. Cooke highlighted the items that were discussed during the meeting and provided handouts to the Board reflecting the costs associated with the full service kitchen and a monthly population report for FY 2004 2005. Mr. Cooke informed the Board that the Chairman of the RJDB is resigning.

The Board extended their appreciation to Mr. Cooke for his report with Mr. Harper offering to provide contact information from the Central Regional Jail to allow them to compare food and management costs.

Trevilian Station Battlefield Foundation

Chairman Barnes said there is currently a lot of information going back and forth about the TSBF that has been brought to his attention by several constituents. Chairman Barnes said he has always been an avid supporter of tourism, but he envisioned that tourism in Louisa County for the TSBF would allow individuals to see reenactments and a museum. He said he did not see a problem with having multiple uses of the property to allow for tourism as well as hunting or other activities. Chairman Barnes said he understood that the pretense of this project and the Boards support was to continue to increase tourism in the County. Chairman Barnes said that he has received a map of the parcels that are owned by TSBF and that he would like to have a better understanding of the historical significance for each of the parcels that they own. Chairman Barnes expressed the importance of ensuring that there has not been a disservice to the citizens for the funds that have been provided to the TSBF.

The Board discussed this topic in great detail with Mr. Purcell pointing out that he had drafted a letter to the TSBF addressing several concerns. Mr. Purcell said that due to illness, he was unable to attend their last meeting, but provided a list of questions that Mr. Gentry took to the meeting. Mr. Purcell said he wants to ensure that there hasnt been any wrongful use of the funds that have been appropriated by the Board. Dr. Morgan said he understood that the historical context would be preserved and that they are currently in the process of mapping out a plan. Dr. Morgan said he supports tourism and would like to have their strategic plan presented to the Board. Mr. Gentry said he attended the TSBF meeting where their Board did discuss Mr. Purcells letter and assured him they would respond to the questions that have been asked. Mr. Wright stressed the importance of having the information in writing for the Board to review. The Board instructed Mr. Lintecum to communicate with the TSBF and request that they present their Master Plan to the Board of Supervisors to include the historical significance of each of the parcels.

OLD BUSINESS

Discussion Supplementing the Water Authority Through Water and Sewer Fees and Louisa Towns Request Referring to Sewage Treatment

Bar Delk, Louisa County Water Authority Director, stated that during the general meeting of the Water Authority they voted and approved to recommend that part of the connection fees for water and sewer be used as reimbursement towards their operating expenses. Mr. Delk provided a handout to the Board that reflected the water facility fees, the connection fees, and the user rates. Mr. Delk explained they have had to purchase additional vehicles and have been somewhat overwhelmed with the activity that is going on in the Zion Crossroads area.  

The Board discussed this topic with Mr. Wright saying he would like to see an annual review of this. Mr. Wright asked Ernie McLeod, Deputy County Administrator, if he foresees any problems being generated by this during the budget process. Dr. Morgan said he feels that having a self-sustaining Water Authority is a good idea in that area due to the amount of expenses that were forecasted to service the Zion Crossroads area. Mr. Gentry stated the Public Works Committee met with Mr. Delk regarding this issue and did not have any problems with the proposed schedule.

        On motion of Mr. Gentry, seconded by Mr. Wright, which carried by a vote of 7-0, the Board agreed to adopt the recommendations as they have been presented on the fee rate schedule fees.  

In closing, Mr. Delk presented a check to the Board in the amount of $125,200 for connections fees.

Town of Louisa Sewage Treatment Request  

Mr. Delk informed the Board that the Town of Louisa has requested to have a written agreement allowing them to use part of the wastewater treatment plant that is jointly owned by them and the County. Mr. Delk said DEQ is now requiring the capacity to be in place prior their approval. Mr. Delk explained that the Town is moving forward with having Dewberry and Davis do a preliminary engineering report for what it would take to expand the wastewater treatment plant, which they would like the County to also participate.

The Board discussed this topic in great detail with Mr. Gentry asking how much the County would need to contribute towards the preliminary study. Mr. Harper questioned what was the purpose of the study. Dr. Morgan questioned how the revenue would be determined if the Town of Louisa was receiving an additional 100,000 gallons per day. Mr. Purcell said he would like to have the capacity increased enough to compensate for both residential and commercial. Mr. Harper questioned if the 600,000 gallons per day would be the maximum amount this site would allow. Mr. Harper asked if the sewage Treatment Capacity Lease Agreement would continue under two-year increments.  

Mr. Delk replied that the cost associated with this study is $22,980.00, which the Town of Louisa is asking the County to pay half. Mr. Delk explained this is a preliminary engineering report that will identify what changes need to be made for them to go from 400,000 gallons per day to 600,000 gallons per day. Mr. Delk said the original agreement was to divide the costs 50/50. Mr. Delk said the Town would pay for that additional usage at a prorated charge. Mr. Delk said he does not believe that the 600,000 gallons per day would be the maximum amount for this site, but this would have to be determined by DEQ and would require a higher level of treatment. Mr. Delk confirmed that the agreement would continue to be under a two-year increment.

Charles Rosson, Town of Louisa Mayor, explained to the Board that the Town wants to have the engineering report completed to ensure that there is going to be enough capacity to compensate for future growth and for the proposed subdivisions. Mayor Rosson said that this also has an impact on economic development.  

On motion of Mr. Purcell, seconded by Dr. Morgan, which carried by a vote of 7  0, a resolution was adopted to support an engineering study by Dewberry and Davis Engineering for the expansion of the Regional Sewage Treatment Plant to increase the capacity of the plant to 600,000 gallons per day at a cost of $22,980, which would be split equally between the Town of Louisa and the County.

Louisa Town Hall Project

        On motion of Mr. Purcell, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board agreed to waive the Building Permit Fee for the Town of Louisa for the Town Hall project.

Site Plan Reviews

Mr. Purcell explained that after a recent decision that was made by the Planning Commission to deny a site plan, he began thinking about how business is conducted in the County. Mr. Purcell said he does not feel that it is appropriate that an applicant does not have a right to appeal to their elected representatives in the event that a site plan is denied. Mr. Purcell said he would like to have the County Attorney, Pat Morgan, draft a “Right to Appeal” process for site plans that would allow applicants thirty days to appeal and move forward with holding the public hearing.

The Board discussed this topic in detail with Mr. Wright expressing caution about arbitrarily modifying ordinances. Mr. Wright said the Board of Supervisors are the ones that appoint the Planning Commission members, which are required to become Certified Planners with special training that the Board members themselves do not have. Mr. Wright said he would like to have further input from the Planning Commission members and from the Community Development Department prior to making any decisions. Mr. Gentry said he has heard the pros and cons of them heading in this direction; therefore, he would like to move forward with holding a public hearing or whatever is necessary for them to address this issue. Chairman Barnes said he wants to have an appellate level that would allow individuals to have a “due process”.

Mr. Morgan explained to the Board that after he read Mr. Purcells letter, he began researching surrounding localities and would like to create a report to present to them at their next scheduled meeting on August 1, 2005.

The Board agreed to table this topic for discussion until their next regular scheduled meeting.

NEW BUSINESS

Discussion Sliding Scale Option for Land Use Protection

Mr. McLeod explained to the Board that he researched the information, which had been presented by Martha Moore of the Farm Bureau at their last meeting and found that out of the four counties that were mentioned, only Loudoun County, Virginia offers this through two different options. Mr. McLeod described the two options that are offered by Loudoun County with the first one being that in the event of a commitment to hold the property in its qualifying use for more than ten years, but not exceeding twenty years, ninety-nine percent of the use value taxes otherwise assessed may be deferred for the term of the commitment. Mr. McLeod said the second option would be for a commitment to hold the property in its qualifying use for more than five years, but not exceeding ten years; fifty percent of the use value taxes otherwise assessed may be deferred for the term of the commitment. Mr. McLeod said that an official from Loudoun County estimates that 20% of landowners who qualify for these tax deferrals participate in the program. He said that 80% of those who participate in the sliding scale option do so at the 99% tax relief level and the remaining 20% participate at the 50% tax relief level. Mr. McLeod stated that if Louisa County experienced the same level and type of participation as Loudoun County, the tax revenue lost would be approximately $83,045.08.

The Board discussed this topic in great detail and decided to table this topic until a later date to allow Mr. McLeod to gather more data and input.

Discussion Current Decal Requirement for Entrance Into Landfill

Mr. McLeod identified the criteria that have to be met for entrance into the Landfill. Mr. McLeod said that once the Board implemented the tipping fees and the ordinance that did not allow any out of county waste, policies had to be implemented for individuals to access the Landfill. Mr. McLeod said they have been advising individuals that have expired County decals that they could use the Landfill at that time, but they would need to obtain a valid decal for future use. Mr. McLeod said that he spoke with Mr. Morgan to verify the legality of not allowing residents without a current decal in the Landfill, which he responded that he did not foresee any problems with implementing this requirement. He said the Public Works Committee met to discuss this issue and asked that it be forwarded to the Board for a final decision.

The Board discussed this topic in great detail with Mr. Gentry saying that he felt that the Landfill was set up for the residents of Louisa County and should not require a valid decal for entrance, only verification that an individual is a resident of the County. The Board questioned if this is something that should be enforced by the employees or by the Sheriffs Department. The Board determined that they would continue to follow the policy and procedures as they have been implemented and have the employees at the scale house maintain a log that reflects why individuals have been rejected for the Board to review in six months.  

        On motion of Mr. Wright, seconded by Dr. Morgan, which carried by a vote of 6-1, with Mr. Gentry voting against, the Board agreed to continue with the policy and procedures that currently have been implemented and review it again in six months.    

Resolution - Amendment to the Louisa County Cafeteria Plan

Mr. McLeod explained to the Board that he has included a resolution for the Cafeteria Plan for their consideration to make the necessary changes that is required by the IRS. Mr. McLeod said they have modified the definition of a qualified dependant.

On the motion of Mr. Purcell, seconded by Mr. Gentry, which carried by a vote of 7-0, a resolution was adopted to amend the Louisa County Cafeteria Plan to modify the definition of a qualified dependant.

A-2 Subdivision Ordinance Amendments

Mr. Coffey explained to the Board that the purpose of this public hearing is for the amendments to the Louisa County Subdivision Ordinance, Chapter 66 and the Zoning Ordinance, Chapter 86 to further clarify, correct, and update the ordinances and bring them into compliance with the State Code of Virginia. Mr. Coffey said that this would include amending the Countys preliminary and final plat administrative processes, clarifying and adding definitions, and adding the Lake Anna Airport into the Airport Zoning section.

Chairman Barnes requested that Mr. Coffey email the changes to the Board on what is being proposed.

Resolution - Donation of Vehicle

Mr. Lintecum explained to the Board that the Goshen Baptist Association, a 501(3) C Corporation has expressed an interest in utilizing this surplus vehicle for their food program that helps feed people in need. Mr. Lintecum said in the event this vehicle is no longer needed by Goshen the vehicle would be returned to the County.

On motion of Mr. Gentry, seconded by Mr. Wright, which carried by a vote of 7-0, a resolution was adopted to donate a 1985 Chevrolet Step Van that is considered surplus to the Goshen Baptist Association until such time that they no longer have use for the same at which time it shall be transferred back to the County.

COMMITTEE REPORTS

Mr. Gentry reported to the Board that the Public Works Committee has been working since May on the architect proposal for the aquatic facility. Mr. Gentry said that the Board received a copy of the proposed contract via email and a revised page that was included in their handouts for this meeting.

Mr. Wright stated he would be abstaining from voting on this item because he is not in favor of the aquatic facility and not for any reasons against the contractor.

On motion of Mr. Gentry, seconded by Mr. Jennings, which carried by a vote of 6-0-1, with Mr. Wright abstaining, a resolution was adopted to award the contract for the A&E Design of the Aquatic Facility to Gillum Architects in the amount not to exceed $120,000.


Mr. Wright reported to the Board that the Louisa County/Goochland Boundary Committee held a meeting last week and are working together on how they should proceed.

Dr. Morgan said he had sent an email to the Board with the content of the recent EMSAL meeting. Dr. Morgan said the other issue of importance is the retirement issue that he plans on discussing further with Mr. Lintecum before bringing it back to the Board.

BOARD APPOINTMENTS

Mr. Gentry questioned what the status was on the Board of Zoning Appeals since contact had been made with the Judge. Mr. Harper said he has been attempting to contact a possible appointee and hopes to have a recommendation by their next meeting. Mr. Gentry said he had an individual that was interested in being appointed along with Mr. Wright. Mr. Harper suggested that everyone bring their recommendations to the next meeting to forward to the Judge.

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 VACo is going to be offering a certification program for Board of Supervisor members. Mr. Lintecum said that the registration information would be forthcoming in a future issue of County Connections.

Mr. Lintecum informed the Board he has included a report from Mr. Coffey for the Community Development Department outlining the timeframe that it takes to process a building permit application as previously requested.

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

CONSENT AGENDA

Mr. Coffey informed the Board that the rezoning request for Mr. Griffith has been withdrawn by the applicant; therefore removing this item from the proposed Consent Agenda.

On motion of Mr. Gentry, seconded by Dr. Morgan, which carried by a vote of 7-0, the Board agreed to adopt the Consent Agenda for the two scheduled public hearings that will be held on August 1, 2005.

CORRESPONDENCE

Mr. Lintecum informed the Board that a resolution from Rockingham County has been included in their packet regarding the Governors race as it pertains to real property tax.

Mr. Lintecum informed the Board he has included a letter from Marilyn Root, Louisa Commission on Aging, regarding the renting of the Betty J. Queen Center.  Mr. Lintecum said that he and James Smith, Director of Parks and Recreation, are addressing this issue.

Chairman Barnes asked Mr. McLeod to forward the information to the Board on the amount of revenue that is generated by renting the Betty J. Queen Center.

CLOSED SESSION

On motion of Mr. Purcell, seconded by Mr. Jennings, which carried by a vote of 7-0, the Board voted to enter Closed Session at 6:36 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 matters under the County Administrator.

2.        In accordance with §2.23711 (a) (1) of the
Code of Virginia, 1950 as amended, for the purpose of discussing personnel matters under the Board of Supervisors.

REGULAR SESSION

On motion of Mr. Gentry, seconded by Mr. Wright, which carried by a vote of 7-0, the Board voted to return to Regular Session at 7:02 p.m.

RESOLUTION - CERTIFICATION OF CLOSED SESSION

On motion of Mr. Wright, 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 5th day of July 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 5th day of July 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.

PUBLIC HEARINGS

REZ02-05 Wendell Smith

Darren Coffey, Director of Community Development, summarized the request to be for the rezoning of approximately 16.2 acres from Industrial (IND) to Residential General (R-2) in order to construct a single-family dwelling and to possibly later divide the parcel for family members. The property is located on the west side of Route 700 (Haley Drive), approximately 0.25 mile north of the intersection of Route 652 (Kentucky Springs Road) and is in the Cuckoo Magisterial and Voting Districts. He said that the Comprehensive Plan designates this area of Louisa County as Village Residential bordering Low Density Residential just outside of the North Anna Power Station boundary in the Lake Anna Designated Growth Area. The Planning Commission held a public hearing on May 12, 2005 and voted 6-1 to forward a recommendation of approval to the Board. Mr. Coffey said based on the recommendations by the Planning Commission, the applicant did discuss with staff the proposed voluntary proffers and has submitted a written voluntary proffer that, if the rezoning is approved, he would limit the number of divisions on the subject property to no more than three.

Mr. Wright questioned why the application specifies that the applicant wanted to construct a single-family dwelling and has now offered a proffer that there wouldnt be more than three divisions on the property.

Mr. Coffey replied the applicant wants to build his home and possibly divide the property for his children at a later date.

Chairman Barnes opened the public hearing at 7:09 p.m.

Doug Whitlock, Mineral District, informed the Board he initially had concerns of how the property would be divided if rezoned, but with the proffer that has been made, he does not have any objections.

Chairman Barnes closed the public hearing at 7:11 p.m. and brought it back to the Board for further discussion.

The Board discussed this topic in great detail with Mr. Jennings asking if the proffer would follow with the property when it is sold if the rezoning were granted. Mr. Jennings pointed out that you can construct a residence on a parcel that is zoned Industrial and questioned why there was a need to rezone. Mr. Harper questioned why the applicant was seeking R2 zoning instead of A2. Dr. Morgan questioned if it would be feasible to allow the portion of this parcel that is across Haley Drive (Route 700) to remain zoned Industrial to leave the option open to the applicant should they want to sell that portion.

In response to the Boards questions, Mr. Coffey replied that if the property were sold, this would be a condition of that property. Mr. Morgan said that an individual could build a dwelling on a parcel that is zoned Industrial by having a Conditional Use Permit, but the applicant would not be able to divide the parcel to leave property for his children with the current zoning. Mr. Coffey said that the R2 zoning was recommended to the applicant based on what the Comprehensive Plan reflects. Mr. Morgan said that they could leave the portion of the parcel zoned Industrial if that were what the applicant wanted.

On motion of Mr. Gentry, seconded by Mr. Wright, which carried by a vote of 6-1, with Mr. Jennings voting against, a resolution was adopted approving the rezoning request of approximately 16.2 acres from Industrial (IND) to Residential General (R-2) for Wendell Smith for tax map parcel 30-54 in the Cuckoo Magisterial and Voting Districts.

Amendment to the Louisa County Code 74-1 to Adopt by Reference All Motor Vehicle Law Provisions Under the Code of Virginia that Became Effective July 1, 2005 as County Ordinances

Mr. Morgan explained to the Board that the resolution before them allows the County Deputies to enforce the motor vehicle laws as a violation of the County rather than the state; therefore, the funds would go towards the locality.

Chairman Barnes opened the public hearing at 7:24 p.m. With no one wishing to address the Board, Chairman Barnes closed the public hearing at 7:25 p.m. and brought it back to the Board for further discussion.

On motion of Mr. Purcell, seconded by Mr. Gentry, which carried by a vote of 7-0, a resolution was adopted to amend the Louisa County Code 74-1 to adopt by reference all motor vehicle law provisions under the Code of Virginia that becomes effective on July 1, 2005

APPROVAL OF MINUTES

        On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 6-0-1, with Chairman Barnes abstaining, the Board adopted the minutes of June 20, 2005 as presented.

LEGAL CORRESPONDENCE

Mr. Morgan informed the Board he had received a response from the Department of Game and Inland Fisheries pertaining to the Trevilians Battlefield that he has enclosed for their review.

Mr. Morgan informed the Board he had enclosed a copy of the second draft of the Mutual Aid Agreement from Hanover County for their review. Mr. Morgan said this would have to be added as an agenda item to one of their meetings as it requires the Boards approval.

CLOSED SESSION

On motion of Mr. Purcell, seconded by Dr. Morgan, which carried by a vote of 7-0, the Board voted to enter Closed Session at 7:27 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 matters under the Board of Supervisors.

REGULAR SESSION

On motion of Mr. Wright, seconded by Dr. Morgan, which carried by a vote of 7-0, the Board voted to return to Regular Session at 7:57 p.m.

RESOLUTION - CERTIFICATION OF CLOSED SESSION

On motion of Dr. Morgan, seconded by Mr. Harper, 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 5th day of July 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 5th day of July 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.

ADJOURNMENT

On motion of Mr. Wright, seconded by Dr. Morgan, which carried by a vote of 7-0, the Board voted to adjourn the July 5, 2005 regular meeting at 7:58 p.m.


BY ORDER OF

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