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JULY 7, 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 Morganm Interim County Attorney; Sharon Pandak, Attorney; Will Cockrell, Senior Planner;Kevin Linhares, Director of Facilities Management; Bob Hardy, Director of Information Technology; Robert Dube, Fire Chief; Jane Shelhorse, Director of Parks and Recreation; Sherry Vena, Director of Human Resources; Amanda Reidelbach, Office Manager, Administration; Zuwana Morgan, Deputy Clerk and Brittany Spaur, Records Clerk


CALL TO ORDER

Chairman Harper called the July 7, 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

Mr. Harry Jackson Patrick Henry District stated three years ago the Trevilians Station Battlefield Foundation came before the Board because they were stopped from signing a 99-year contract with the Department of Game and Inland Fisheries.  Mr. Jackson said at that time Mr. Harlow stated he would not sign a 99-year contract.  Mr. Jackson read item two from the new proposed agreement he had handed out to the Board of Supervisors.  It read as follows The term of this Agreement shall be for a period of fifty (50) years from the date hereof. This Agreement shall be automatically renewed for additional periods of fifty (50) years unless either party gives the other written notice of its intent to terminate at least six (6) months prior to the end of the term. Mr. Jackson said a gentleman from Inland Fishery sent an email asking who was going to be around in 50 years to change the proposal.  Mr. Jackson said the TSBF were not signing a 99-year lease, they were signing a lease into perpetuity.  Mr. Jackson said TSBF already had contracts with the county signed in 1999, which would be violated if they signed this proposed agreement.   Mr. Jackson said the TSBF were doing all they could to get out of their obligation to build a Battlefield Park.  Mr. Jackson said they had no intention to build a Battlefield Park; they were building a game preserve.  Mr. Jackson said the last letter from the County Attorney stopped them until this point.  Mr. Jackson said he was asking the Board to have the County Attorney send another letter saying this was in violation of contracts that currently existed and the people of Louisa County wanted their Battlefield Park.  Mr. Jackson said the park would bring in millions of dollars in tourism.

Mr. Harper asked Mr. Lintecum to follow up with this and get back to the Board.

ADOPTION OF THE AGENDA

Mr. Harper stated he
would like to move the discussion of Louisa and Goochland County borders to the first item on the agenda.  Mr. Byers stated he would like to add a discussion on conservation measures.  Mr. Barnes stated he would like to add the discussion of the letter from Dr. Pettit to the agenda.

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

Discussion Louisa and Goochland Counties border

Mr. William Quarles, Chairman of Goochland County Board of Supervisors said the Goochland Board had looked at the borders that existed between Louisa and Goochland Counties. Mr. Quarles said on July 1, 2008 the Goochland Board passed a resolution to go forward in conjunction with Louisa County to see if the boundaries could be worked out.  Mr. Quarles said the boundaries would help with the census that were coming up and the citizens would be counted properly.  Mr. Quarles said from a political stand point, they needed to make sure the citizens were getting represented by the place in which they were paying taxes.  Mr. Quarles asked that the Board pass a resolution to work with Goochland County to establish borders.

Mr. Gregory Wolfrey, County Administrator
of Goochland County, stated the main thing was to do the boundaries exactly where the property was being taxed.  Mr. Wolfrey said they wanted to displace as few people as possible, because school districts and elections.  Mr. Wolfrey said their GIS Coordinator had identified approximately twelve properties that would be affected, that was the least amount under this proposal.

Mr. Barnes asked what would take place with the citizens that would be
affected. Mr. Wolfrey said there would be have to be several public meetings.  Mr. Wolfrey said they would make sure they did the RFP process and they would have to do Metes and Bounds.

Mr. Wright said 35 years ago the State decided when there were disputes between Counties about property lines, the Commissioners of Revenue got together and decided who would tax who.  Mr. Wright said about ten years ago they change
d that and said if a transaction that took place required a change in a deed, it would have to revert back to the legally correct county.

Mr. Lintecum said the next steps would be to authorize the lawyers to start work on the borders.  Mr. Lintecum said the counties would draw up an agreement and hopefully get it to court before the actual survey to make sure the Judge or Judges would agree with it.  Mr. Lintecum said five of the lots that would go from Louisa to Goochland were in the High Grove Subdivision and the children were already going to Goochland schools.


Mr. Byers
questioned if there would be any students that would have to change schools as a result of this.  Mr. Wolfrey said not to his knowledge.

Mr. Gentry said he wanted to make sure they were not making a final decision.  Mr. Gentry said
he needed to be educated on why the historical boundary could not work.

On motion of Mr. Wright, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board agreed to move forward with an attorney of their choice to work with Goochland County to proceed in establishing county borders.

PRESENTATIONS

Resolution Recognizing Holly Grove Volunteer Rescue Squad for 25 years of service.

On motion of Messrs Barnes, Wright, Spencer, Harper, Gentry, Byers and Havasy, seconded by Messrs Barnes, Wright, Spencer, Harper, Gentry, Byers and Havasy, which carried by a vote of 7-0, the Board adopted a resolution recognizing Holly Grove Volunteer Rescue Squad for 25 years of service.

VDOT Monthly Update J. Mark Woods, Residency Staff Engineer, provided an update of VDOT activities, which included the following:

Maintenance:

        Maintenance Crews have been performing the following activities:
o        Mechanized patching operations are continuing in preparation of the surface treatment schedule in August.
o        Correcting drainage issues utilizing the Gradall are being performed.
o        Cutting Right-of-Way with Boom-axe tractors.

        Primary Mowing Contractor is finishing up the second mowing on the primary system.

        Secondary Mowing Contractor has nearly completed the first of two cuts scheduled for the secondary system this year. Litter and weed-eating crews are following behind the    mowers and will working a couple of weeks after the mowers have finished.

        Residency Bridge Crew has recently completed work on the bridge on Rt. 640 (E. Jack Jouett Rd.) at Rock Creek, between Rt. 208 and Rt. 626 (Evergreen Rd.). The    road is now open to traffic.

Land Use:

        There were 8 sets of plans/plats submitted in the past month to the Residency for review by Residency and District Planning Staff.

Traffic Engineering:

        Route 792 (Carter Rd.), a speed reduction of 25 MPH has been approved and the installation of the sign has been scheduled.

Mr. Havasy said he wanted to thank VDOT for keep up with the gravel roads after the heavy rains.

Mr. Wright asked if the cuts of the secondary mowing were monitored.   Mr. Wood said yes
, they go out and tweak them to try to do less damage.

Mr. Wright said he wished they would just cut the grass.  Mr. Wright said in his district they either dont know how, dont put the blade close enough or the blades are to
o dull to cut.  Mr. Wright said when its done the grass was still six to eight inches high.  Mr. Wright they are not cutting the corners back with the weed eaters.  Mr. Woods said they come back to do the weed eating.  Mr. Woods said last year they did the weed eating first and then realized they didnt have to do as much so now they mow and then weed eat.

Mr. Wright said in his opinion the job was rushed.

Mr. Harper said when they do the roads they also get the trash up and that was good.

Mr. Spencer said he wanted to thank VDOT.  Mr. Spencer said he was getting ready to drag the weed eater out and Jose came with the trac
tor and did a beautiful job.

Mr. Lintecum said Mr. Gentry attended a meeting on the Governors transportation plan.  Mr. Gentry said
he didnt hear too much about the gasoline tax.  Mr. Gentry said the packet was pretty much self explanatory.  Mr. Gentry said a town hall style meeting was what had taken place.

Mr. Harper said when they talk about where Virginia ranks in terms of the Nation as for the amount of taxes we charge, there are some things we should be proud of.

OLD BUSINESS

Discussion Request Letter from Dr. Pettit

Mr. Lintecum said the School Board felt the 50 percent would cause problems and were asking the Board to reconsider.

Mr. Barnes disclosed
that his wife was an employee of Louisa County Public Schools.

Mr. Barnes said he understands the Boards concerns with the uncertainties that are out there and their conservativeness
, but he would like to see the Board revisit this and withhold ten percent of the appropriation.  Mr. Barnes said he could not make the motion because he was on the losing side.

Mr. Gentry said he also voted to give 100 percent.  Mr. Gentry said he wished this was talked about more during the budget process.  Mr. Gentry said he didnt like approving the budget and then attaching strings to it and
he felt like that was what the Board did.  Mr. Gentry said there could have been a wide open conversation with the School Board at that point asking them if they could live with this.

Mr. Byers asked Dr. Pettit what was the total amount of their approved budget.  Dr Pettit said their total approved budget was $47,986,000.  Mr. Byers ask
ed did that include Federal and State funds.  Dr. Pettit said yes.

Mr. Byers asked how much
State funds were.  Mr. Halsey Green said about $20 million.  Mr. Byers asked how much Federal was.  Mr. Green said he thought $3 million.

Mr. Byers asked in the past, had monies been appropriated on a quarterly or semi-annual basis.   Dr. Pettit said since Mr. Green had been with the Schools it had only happened semi-annually once.

Mr. Byers asked what percent of the budget would be under contractual arrangements.  Dr. Pettit said for personnel it would be 82 percent of the budget and there were other small contracts.

Mr. Havasy asked Mr. Green when he was on the semi-annual budget
, what problems did he encounter and was there a reason for going back to 100 percent.   Mr. Green said when they did the semi-annual there was more flexibility.  Mr. Green said when salaries of accrued teachers were in the second half of the year he appropriated all the other expenditures on the first half of the budget.  Mr. Green said because of what has happened with fuel prices he wasnt comfortable doing that now.  Mr. Green said if he played that game he probably wouldnt have the funds to pay the bills once they came through.

Mr. Havasy asked Mr. Green was it true that he told some of his departments what their budgets were but to hold back five or ten percent to make sure it was authorized.  Mr. Green said the only time he has done that was this year with the 50 percent appropriation.  Mr. Green said other years he had not
, but he didnt know if the Superintendent at the time did.

Mr. Havasy said his question was being evaded.  Mr. Havasy said he wanted to know if it was a general rule for most of the Department Heads at the Schools to hold back five or ten percent of their budget.   Mr. Green said no.

Mr. Havasy asked what about Principals.  Mr. Green said other than this year he had never told them to.

Dr. Pettit said traditionally they have not spent 100 percent of their budget by March.  Dr. Pettit said when the Schools get toward the end of the year they would stop spending once they looked at enrollment.  Dr. Pettit said the bulk of what the Principals had were in their instructional supplies and
they spend most of that at the end of the year.

Mr. Green said in March or April he does cut off expenditures because it takes so much time for those bills to come in to close the fiscal year.  Mr. Green said there would be very little left in the Schools budget at that time.

Mr. Spencer said he
was out of town at his sons wedding and apologized that he was not at the meeting for the vote.  Mr. Spencer said he spoke with Mr. Seay and he had given him the heads up that the School Board would be coming back to the Board of Supervisors asking for $200,000 to split the $400,000 difference in the fuel.  Dr. Pettit said the School Board discussed that, but thought that would be a discussion of the Board of Supervisors and School Board Committee.  Dr. Pettit said she wasnt sure if they would send her back in front of the Board of Supervisors or if the Committee would come up with something.

Mr. Spencer asked were there chances of more State and Federal cuts and was the County expected to fill in.  Dr. Pettit said she was not aware of that.  Dr. Pettit said by the end of March if the enrollment was not what they expect
ed their State funding would be affected.

Mr. Spencer said he campaigned for Mr. Seay and he was his School Board member and he would be totally remi
ss to step in his way.  Mr. Spencer said if this does come up for revote he would be bound to hold to the 50 percent of the Countys money.  Mr. Spencer said it was his responsibility to support his School Board member.

Mr. Wright said in 1998 they agreed to go on a split basis and it stayed that way until about three years ago and it worked.  Mr. Wright said that he didnt see the School Board come then and say they couldnt live with it.  Mr. Wright said the instruction
s were to go with 50 percent with the understanding if there were circumstances where 100 percent was needed then that would be considered.

Mr. Wright said the money was not just being held in the Bank.  Mr. Wright said if the taxes didnt come in to the county the money would not be there anyway.  Mr. Wright said he stands by his vote of 50 percent with the caveat of special circumstances.

Mr. Barnes said the School Board was confused if the 50 percent was of the total budget.  Mr. Barnes said if they were going to withhold 50 percent he asked that it be of the local funding and leave the State and Federal alone because that would be determined by the student population.  Mr. Barnes said he couldnt make a motion because he was on the losing side.

Mr. Harper asked Mr. Lintecum how was that
interpreted.  Mr. Lintecum said it was interpreted as total.

Mr. Harper said if 82 percent was personnel then that was evenly distributed throughout the year and it only left 18 percent.

Mr. Byers asked if the Board withheld 50 percent of County funds what would that be.  Dr. Pettit said about $12 million.  Mr. Byers asked what percent would that be of total.  Dr. Pettit said about 25 percent of the total.


Mr. Byers said he would like to make a motion to withhold 50 percent of the County funds from the Schools and the remainder of the appropriation would be allocated.  Mr. Spencer seconded the motion.

Mr. Barnes said he
was against the appropriation the Board was doing because he thought it should be made clear in the budget process.  Mr. Barnes said his support was for the 100 percent appropriation; however, he would support this for the School Division and the purpose of moving forward.

Mr. Spencer said he wasnt
here for the last vote, but the School Board was elected by the same people who elected him.  Mr. Spencer said his School Board member was the on who asked that the Schools be given 50 percent of County funds.  Mr. Spencer said the day that he thinks he was smart enough to run the County and the Schools was the day he needed to leave.

Mr. Gentry said he was not going to support the motion.  Mr. Gentry said he thought this was
too late in the process to make this decision and felt the Board should have stuck with the original 100 percent

Mr. Harper requested a roll call vote.

PRESENTVOTE
Willie L. Gentry, Jr. No
Willie L. Harper Yes
Richad A. Havasy Yes
P.T. Spencer Yes
Jack T. Wright No
Fitzgerald A. Barnes Yes
Dan W. Byers Yes


With votes reflecting 5-2, the motion passed to withhold 50 percent of County funds from the Schools and the remainder of the appropriation would be allocated.

It was a consensus of the Board to move up the resolution authorizing a contract for sanitary sewer and waterline extension with Scotts Backhoe Services, Inc. to the next item on the agenda.

Resolution - Authorizing a contract for sanitary sewer and waterline extension with Scotts Backhoe Services, Inc.

Mr. Delk stated there was a request from Mr. Stewart Glass to extend his sewer line to his current buildings.  Mr. Delk said currently the sewer lines stopped across the street and the water line went up to the intersection.

Mr. Delk said Mr. Glass has agreed to pay for the bid and 100 percent of the sewer extension.  Mr. Delk said that was the same thing Virginia Community Bank did on the other side of the road.

Mr. Delk said the water line extension would move the County further up to where the connection would be made for the Fluvanna project.  Mr. Delk said it would also come with right-a-ways off the Glass property for the water and sewer lines.

Mr. Delk said Mr. Glass agreed to pay half of the engineering cost.  Mr. Delk said the total job would cost $106,957.73 and the low bid was with Scotts Backhoe.  Mr. Delk said $79,557 of the total would be paid for by Mr. Glass.  Mr. Delk said the Countys portion for water and mobilizing would be $27,382.73.  Mr. Delk said Mr. Glass would be paying $153,045 for sewer and water connections.

Mr. Gentry asked what section was this.  Mr. Delk said it would be extended to Route 250 towards the prison.  Mr. Delk said the sewer line only came up and went under Route 15 to the south side, it did not extend west on
Route 250.   Mr. Delk said the sewer line would only serve Mr. Glass property and that was why he told him he would have to pay for the sewer line.

Mr. Barnes said it was a no brainer, Mr. Glass had agreed to pay most of the bill and he could support this.

Mr. Wright said he was concerned about
the difference in the first two bidders.  Mr. Wright said if there was a 10 percent differential in the bidders he would be concerned if the lower bidder could do the job.  Mr. Wright said the first bid was for $107,000 and the second was for $130,000 and that was more than 10 percent.  Mr. Wright asked who the Bonding Company was and were they a licensed company in Virginia.

Mr. Delk said he did not have the information with him but the bid was with a Bond Company.  Mr. Delk said from past experience the bids came in with one or two on the low side, most in the middle and one or two that are really high.   Mr. Delk said there was an engineering estimate of $163,000 on this job.  Mr. Delk said the contract was local, they had been in business around 20 years and they have
run background checks on him.  Mr. Delk said the job wasnt complicated and he had no problems with the contractor.

Mr. Wright said if Mr. Delk was comfortable with it and he could assure it was a standard bonding company he didnt have problem with it.

On motion of Mr. Havasy, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution authorizing a contract for sanitary sewer and waterline extension with Scotts Backhoe Services, Inc.

Update Old Louisa County Library building

Mr. Lintecum said Reading Windows were interested in continuing the use of the facility.

Mr. Lintecum said he did receive a call from American Legion and they would be putting a proposal together.  Mr. Lintecum said he emphasize
d that those who are using it now, it would be nice if they could continue to use it.

Mr. Spencer said he was member of American Legion Post 116.  Mr. Spencer said the County has been paying a small fortune each month in utilities.  Mr. Spencer said American Legion Post 116 wants to lease the building, pay utilities and they would work with anyone who wanted to use the building.  Mr. Spencer said this would take the burden off the County.

Mr. Havasy asked would the American Legion pay for the utilities or were they going to spread them around to the other organizations that would be using the building.  Mr. Spencer said no, they would pay the utilities.

Mr. Spencer said the American Legion would not need the building 24 hours 7 days a week and they would work with the other organizations and he did not think there would be any problems.

Mr. Wright asked how would they handle the parking situation.  Mr. Spencer said they were talking about coming in on the right side and doing a parking area in the back at their expense
, not the Countys.

Mr. Byers asked if they would be leasing or buying.  Mr. Spencer said leasing.

Mr. Gentry said he thought this was a win, win situation to have the American Legion get the lease that would include all the other organizations that were using the facility now.

PUBLIC HEARINGS

Public Hearing - CUP05-08; Joseph F. and Carol C. Dubrino, Applicants/Owners; request the issuance of a conditional use permit for the establishment and operation of a commercial kennel.

Mr. Cockrell said the applicants requested a deferral for this hearing.  Mr. Cockrell said the applicant wanted more time to put together more information, in response to the Planning Commissions comments.

Mr. Harper said the Board
s options were to continue with the public hearing, do the public hearing and postpone the decision or do the public hearing and continue it to a later date.  Mr. Harper asked Ms. Pandak which of those options was the Board required to give additional notice for.

Ms. Pandak said if the Board did not hold the public hearing tonight they would have to give additional notice of a new public hearing.  Ms. Pandak said if the Board held the public hearing open tonight the Board could give the new date, if they closed the public hearing and didnt have a date they would need additional notice.

Mr. Harper asked Mr. Cockrell what was the request from the applicant understanding that any cost for an additional public hearing would be theirs.

Mr. Cockrell said they want to defer to give themselves time to comply with the Planning Commission
s request.

Mr. Harper asked the applicant to tell the Board w
hat they wanted done.

Ms. Carol Dubrino said they were due for a USDA inspection in the next three weeks
, which would resolve most of the outstanding issues.  Ms. Dubrino said they were trying to respond to each allegation said about them.  Ms. Dubrino said everyone has a right to their opinion, but this was based on facts and the law.  Ms. Dubrino said they were trying to comply with the law in every way.

Mr. Harper asked which options
she wanted the Board to proceed with.  Ms. Dubrino said she wanted to postpone the hearing until they got their USDA license.

Mr. Harper said if the public hearing was postpone
d she would have to pay the fees for the re-advertisement and the notifications to go out.  Ms. Dubrino said what ever the fees are she would be glad to do it.  Ms. Dubrino said she has already invested a lot of money.

Mr. Harper said only the Hambletons had signed up to speak.  Mr. Harper asked the Hambletons if they understood and if they had any objections.  Mr. Harper said the Board would like to give the applicants the opportunity to address the concerns if they could.

Ms. Hambleton said she would not raise a stink about it.  Ms. Hambleton said this CUP was unanimously denied at the Planning Commission to proceed.  Ms. Hambleton said the applicant admitted at the last meeting to having 70 dogs and she wanted to know if they had already broken the law.

Mr. Harper said the Board would leave that up to the Code Enforcers and Mr. Lintecum. Mr. Harper said the Hambletons could bring their concerns to Mr. Lintecum and find out if any codes had been broken.

On motion of Mr. Spencer, seconded by Mr. Barnes which carried by a vote of 7-0, the Board voted to continue the public hearing for CUP05-08 to the August 18, 2008 Board meeting, at the applicants expense.

Public Hearing - CUP06-08; Rebekah E. Asay, Applicant; Basil and Rebekah Asay, Owners; request the issuance of a conditional use permit for the establishment and operation of a family day home.

The property is located on the west side of Route 635 (Willow Brook Road), north of the intersection with Route 661 (Crewsville Road).  Jackson voting district.
Zoned A-2 with the adjacent properties

There was no one present, besides the applicant, to discuss this request at the Neighborhood Meeting held on May 14, 2008.

The Development Review Committee met on May 28, 2008 to review this application. The Committee had no comments on this request and voted 2-0 to forward a recommendation of approval to the Planning Commission.

The Planning Commission met on June 12, 2008 to review this application. The applicant stated that she had already completed the necessary upgrades to her entrance, as required by VDOT.  Ms. Asay said she also has approval from Social Services and the Health Department.  The Committee had no comments on this request and voted 6-0 to forward a recommendation of approval to the Board of Supervisors.

This request may create additional traffic to this site.  The applicant states that children are dropped off early and picked up at approximately 6:00 p.m., with no more than two cars usually on-site at one time for pickup.

The Board of Supervisors may wish to consider the possible impact on surrounding properties, generated by this use.  If the use is determined to be appropriate, the following conditions are suggested, along with any others deemed appropriate:

1.        Copy of the approval and/or certification from the Department of Social Services for the establishment of a Day Care Center, must be verified within three (3) months from the date of the approval of the conditional use permit by the Board of Supervisors.

2.        Verification of the approval from the Health Department, prior to the issuance of a building permit.

3.        Verification of entrance approval from the Virginia Department of Transportation.

4.        Submittal of a basic site plan for review and approval, prior to the issuance of the building permit.  At a minimum, the site plan must include the location of existing and proposed structures, utilities and other improvements on site.  In addition, driveway, parking and turn around locations, along with required setback lines and entrance improvements/details must be included.

5.        The Board of Supervisors or their designated representative reserves the right to inspect the site at any reasonable time without prior notice.

6.        Violation of any condition of this permit shall be grounds for revocation of the Conditional Use Permit.

7.        This Conditional Use Permit is not transferable to a new applicant or property owner.

Mr. Havasy asked what VDOT required.  Mr. Cockrell said VDOT required them pave and put in a 24-foot wide driveway, because it would be considered commercial use.

Mr. Havasy asked did they have to pave the whole drive way or just the entrance.  Mr. Cockrell said just the entrance.

Mr. Gentry said VDOT made a requirement that should not have been made.  Mr. Gentry said if they considered that a commercial entrance it would have to be 30
-foot wide.  Mr. Spencer said this thing with VDOT and these entrances was getting old.

Mr. Wright said it doesnt make sense that
they were required to pay for that.  Mr. Wright said it wasnt the Boards decision.  Mr. Wright said more neighborhoods needed home child care.

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.

Mr. Spencer said the Board needed to start doing what was right, instead of what someone else wanted.  Mr. Spencer said it would probably take half of the applicants income for a year to pay to pave that entrance.

Mr. Byers said the applicant gathered some comparison data and gave it to VDOT so they would understand what she was asking for and how it was different from what others were being required to do.  Mr. Byers said it was after the fact but it should have planted a seed for VDOT to be careful.

Mr. Gentry said when it comes to entrances VDOT does have the call.  Mr. Gentry said and somehow this went wrong.  Mr. Gentry said it wasnt the Boards job to tell VDOT what to do but it wasnt done right.

Mr. Havasy said the Board was the governing body, they legislate
d and passed the zoning ordinances.  Mr. Havasy said the Board needed to be careful with county staff, the Board needed to treat them with dignity and respect and not blame any miscarriage of justice on them that the Board had created. Mr. Havasy said the Board was the ones who passed laws. Mr. Havasy said if the Board sees things that needed to be corrected they needed to be diligent and correct it.

On motion of Mr. Byers, seconded by Mr. Wright which carried a vote of 7-0, the Board approved CUP06-08, the request for the issuance of a conditional use permit for the establishment and operation of a family day home.

Resolution Authorizing a supplemental appropriation to the Clerks Office for technology funding

Mr. McLeod said he was asked to look into excess fees that the Circuit Court Clerk asked about.  Mr. McLeod said ? of the fees would come back to the county and ? would go to the state.  Mr. McLeod said in FY 07 the total that the state and county received was 52 percent of the Departments operating cost.  Mr. McLeod said he didnt think in FY 08 they would meet the budget.

Mr. McLeod said historically those funds have gone into the Charges for Services section of the countys revenue.  Mr. McLeod said if the budget was $120,000 in
FY 07 and $158,000 was actually earned on that, that differential of $38,000 was not credited to the Clerks Office, it was just additional revenue that the Board had received.

Mr. McLeod said
the cut of $6,246 was 18 percent of the line item where the COTT Systems budget was.  Mr. McLeod said it falls into the Technology fund.  Mr. McLeod said for FY 07 the funds that were generated by the technology fee and the Clerk was awarded a portion of those fees and to get those fees she had to have actual contracts for the Comp Board to approve.  Mr. McLeod said some of those contracts that were approved by the Comp Board are being spent.  Mr. McLeod said that was why that one general ledger line item was over.

Mr. McLeod said there were two
requests: what the Board wanted to do with the cuts to the Clerks budget and if the Board would approve the resolution for the technology fund.

Mr. Harper asked if the technology fund was money that would be reimbursed once the Board put the money in the budget.  Mr. McLeod said that was correct.

Mr. Byers asked was that 100 percent.  Mr. McLeod said it was 100 percent of the funds they approved.

Mr. Harper said $63,000 was what they approved.  Mr. McLeod said the county had available $84,589 and they are only giving back $63,690.89 of those funds, they were retaining the rest.

On motion of Mr. Spencer, seconded by Mr. Wright, which carried by a vote of 7-0, the Board adopted a resolution authorizing a supplemental appropriation to the Clerks Office for technology funding.

Mr. McLeod explained to the Board that they had to decide whether they would give the Clerks Office back the $6,246 that was cut from the Aid to Localities.

Mr. Havasy said he had
seen too often in county governments, when a good project came up that was slightly marginal it was approved because it was good project.  Mr. Havasy said he sees the Board going that way.  Mr. Havasy said the Board got caught in a recent court hearing because they were not consistent.  Mr. Havasy said he would like to advise the Board to get a game plan and decide on how consistent they were going to be this year.

Mr. Barnes said he agreed with Mr. Havasy.  Mr. Barnes said the Constitutional Officers that
were affected by these cuts needed to come before the Board.  Mr. Barnes said if they felt strongly enough about these cuts they needed to come and defend the additional appropriation.  Mr. Barnes said it was not fair for county staff to have to defend their request.  Mr. Barnes said before he voted he would like the Officers to come before the Board.

Mr. Gentry said he agreed with Mr. Barnes.  Mr. Gentry if the Board was not going to cover cuts from the state the Officers really needed to come and make their case.

Mr. Harper said in the memo from Mr. McLeod it stated the cost are mandated and he felt those concerns should go to Richmond not the Board.  Mr. Harper said there was no way the county could make up all the funds the state cuts.

Mr. Wright said if the Board rolls over and plays dead they would continue to do the same things because there was no protest.

It was consensus of the Board that the Clerk
s Office needed to take the cuts to Richmond.

NEW BUSINESS

Update Environmental Health fee increases

Ms. Sandy Miller said there was an anticipated impact on the current increases of fees that would affect their budget.  Ms. Miller said the changes in the Environmental Health fees were initiated at the executive level.

Ms. Miller said this Health District tries to live within their means.  Ms. Miller said the fees would bring in a little extra revenue but the state would offset it by reducing the funds they give.


Ms. Miller said the Health District of Louisa appreciated what the Board had done for them, thus far.  Ms. Miller said if there were concerns of the Board that could address directly to please let them know.

Ms. Miller said they came to
the Board to do a carryover of funds from last year for a technology upgrade.  Ms. Miller said because of that they were able to scan all their environmental health permits.

Ms. Miller said the increased fees would probably help with salaries.  Ms. Miller said last year they had a 100 percent turnover rate and they still had one vacancy.

Ms. Miller encouraged the Board to give her their concerns.

Mr. Wright asked what services did the Health Department provide for well or septic.  Mr. Wright said the citizens had to wait five or six months before getting an inspection from the Health Department.

Ms. Miller said there was an AOSE (Authorized Onsite Engineer) that may be hired to perform some of the services they do.  Ms. Miller said they are required by code to do their services in a certain period of time from when the application was submitted.

Mr. W
right asked what was that period of time.  Ms. Miller said two weeks.  Mr. Wright asked if the Health Department was complying.  Ms. Miller said it had been very difficult with the turnover rate.

Mr. Gentry asked what would the citizens be told about the fee increase.  Ms. Miller said the cost to provide the services had never really been taken care of by the people who use the services.  Ms. Miller said if you meet the poverty guidelines their permit fees would be free.

Mr. Spencer read the following from page 44 of the Board Packet: application fees will not be charged for applications to repair a failing sewage disposal system or to replace a private well. In addition, fees will be waived for applicants whose family income falls below the Federal Poverty Guidelines (proof of income is required).  Mr. Spencer said he has known Ms. Miller for years and he appreciated everything she was doing.

Mr. Gentry said he wanted to make sure the citizens knew that the driving force behind those fees was not the county.

Update Louisa County Aquatic Facility

Ms. Jane Shelhorse said the Aquatic Facility was doing pretty well.  Ms. Shelhorse said 5,400 people have already come to the facility.  Ms. Shelhorse said they are trying keep there expenses down and the revenue was doing pretty well.

Mr. Byers said he appreciated the information given from Parks and Recreation.

Mr. Gentry said he appreciated the hard work Parks and Recreation had put into the project.

Mr. Barnes said when you are grab
bed by senior citizens asking for more water aerobics that said a lot about what was being done at the facility.

Mr. Spencer said he had not been a strong
proponent of the pool because of the expenses, but now that he sees the amount of money being made they have proven they could do their job and he wanted thank her.

Mr. Havasy said this
is what you get when you give a big job to great people.

Discussion Conservation Measures

Mr. Byers asked what measures were being taken to conserve energy.  Mr. Byers said the County Administration needed to look at ways to conserve energy.  Mr. Byers said there needed to be an eye towards conservation measures.  Mr. Byers said we needed to look at ways to lessen our demands on resources, such as fuel.

Mr. Barnes said Mr. Lintecum had been working on this.  Mr. Barnes said some counties were going to a four day work week.  Mr. Barnes said there were even some local governments that were going to a four day work week, to try to conserve gas.  Mr. Barnes said Mr. Lintecum was coming up with a plan to present to the Board.

Mr. Gentry said the Board needed to move fast.  Mr. Gentry said the School Board
was discussing this at their last meeting.

Mr. Wright said
he had mentioned previously, the county needed to look at the size cars the different positions were using.  Mr. Wright said every position needed to be assigned a car for their particular need.

Mr. Wright said up until three years the County was involved in the negotiation of bids for fuel.  Mr. Wright said having staff involved in those bid
s would give them a better appreciation of what fuel was costing the county.  Mr. Wright said he would like to see the Board be involved through the staff.

Mr. Harper said that could be added to the list for the Board of Supervisors and School Board Committee to discuss.

Mr. Harper asked Mr. Lintecum if he
had a projected date to have the report ready.
Mr. Lintecum said by
the second meeting in August.

Mr. Barnes said the Board also needed to set
an example, when they ask things of the employees.

Mr. Lintecum asked if he could give the Board the report of the parking lot bid.

Discussion - Parking Lot Bid

Mr. Lintecum said it went out for bid, an addendum was sent out a couple days before the bid was to be received and opened.  Mr. Lintecum said the addendum was the geo-technological report.  Mr. Lintecum said the report stated there needed to be monies available for rock clauses.   Mr. Lintecum said when that happened there was some confusion amongst some of the contractors as to what that meant.  Mr. Lintecum said some adjusted for it and others didnt.  Mr. Lintecum said when the bids were opened the person who had the low bidder turned out not to be the low bidder.  Mr. Lintecum said Mr. Patrick Morgan, Interim County Attorney, checked and the county did not do anything technically wrong, however there was confusion.  Mr. Lintecum said the county does not like confusion in the public bidding ceremony.

Mr. Lintecum stated the bid was $100,000 over what the county had budgeted.  Mr. Lintecum said at this time
the parking lot was being redesigned.  Mr. Lintecum stated his recommendation was that the parking lot be rebidded once the redesign was done, which would give everyone a fair shot.

Mr. Gentry said he was going to recommend to the Board to rebid the project.

Mr. Spencer said
he wanted to make sure someone spoke with the gentleman that sent the Board an email about this.

Mr. Lintecum said the gentleman was at the meeting and he told him
he was going to recommend rebidding the project and he didnt have problem with that.

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 7:46 p.m. for the purpose of discussing the following:

1.        In accordance with 2.23711 (A) (7) VA Code Ann., for the purpose of consultation with legal counsel on probable litigation.

2.        In accordance with 2.23711 (A) (7) VA Code Ann., for the purpose of consultation with legal counsel on probable litigation.

3.        In accordance with 2.23711 (A) (7) VA Code Ann., for the purpose of consultation with legal counsel on actual litigation of the Board of Supervisors Vs. the Board of Equalization.

4.        In accordance with 2.23711 (A) (1) VA Code Ann., for the purpose of   discussing personnel reporting directly to the Board of Supervisors.

5.        In accordance with 2.23711 (A) (1) VA Code Ann., for the purpose of   discussing personnel reporting directly to the Board of Supervisors.

REGULAR SESSION

On motion of Mr. Wright, seconded by Mr. Spencer, which carried by a vote of 7-0, the Board voted to return to Regular Session at 9:33 p.m.

RESOLUTION - CERTIFICATION OF CLOSED SESSION

On motion of Mr. Spencer, seconded by Mr. Gentry, 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 7th day of July 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 7th day of July 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.

On motion of Mr. Spencer, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board voted to enter into a contract with Sharon Pandaks legal firm, for legal advice until the County has a County Attorney and during the transitional time.

On motion of Mr. Spencer, seconded by Mr. Havasy, which carried by a vote of 7-0, the Board set the date of September 2, 2008 to make the decision on Patriots Crossing at the regular Board meeting.

Mr. Harper said on July 21, 2008 the Board would meet at 2:00 p.m. for closed session for the purpose of discussing personnel reporting directly to the Board of Supervisors.

COMMITTEE REPORTS

Mr. Harper said he would like ask permission of the Board for the County Administrator and the Chairman to meet with the County Administrator and Chairman of Fluvanna County to bring
back a proposal for the structuring of the management entity for the Fluvanna/Louisa James River Water Project.

On motion of Mr. Barnes, seconded by Mr. Havasy, which carried by a vote of 7-0, the Board approved the meeting of the County Administrators and Chairmen from Louisa and Fluvanna Counties to discuss a proposal for the structuring of the management entity for the Fluvanna/Louisa James River Water Project.

Mr. Barnes said the Wal-Mart in Zions Crossroads would the first in Virginia to have that Towne Center prototype.  Mr. Barnes said they hope to go to bid in the next week or two.  Mr. Barnes said construction should start in September.  Mr. Barnes said the building was also being built to be energy efficient.

Mr. Harper asked when
IHOP was going to open.  Mr. Barnes said the projected date was August 31, 2008.

Mr. Barnes said the
projected date was June 2009 for Wal-Mart to open.

Mr. Havasy said
the developers with Wal-Mart had bent over backwards to do what the county wanted and it had been a pleasure working with them.

Mr. Gentry said he attended the School Board meeting and they talked about
having a conservation plan, splitting the cost of the gas increase and the opposition of the 100 percent.

BOARD APPOINTMENTS

Mr. Byers stated he would like to appoint Pam Matthews to the Library Advisory Board.  Mr. Harper stated he would like to appoint Mr. Gentry to the JABA Board of Directors.  Mr. Harper stated he would like to appoint Mr. Barnes to the Thomas Jefferson Area Community Criminal Justice Board.  Mr. Harper stated he would like to appoint Mr. Byers to the Commission on Aging.  Mr. Havasy stated he would like to appoint Kathy Craig to the JABA Advisory Council.

On motion of Mr. Spencer, seconded by Mr. Byers, which carried by a vote of 7-0, the Board appointed Ms. Matthews to the Library Advisory Board, Mr. Gentry to the JABA Board of Directors, Mr. Barnes to the Thomas Jefferson Area Community Criminal Justice Board, Mr. Byers to the Commission on Aging and Ms. Craig to the JABA Advisory Council.

Mr. Harper asked Mr. Lintecum if he had anything to add on the Virginia Sesquicentennial of the American Civil War Commission and the committee the Board had been asked to get started to work with the statewide committee.  Mr. Harper asked Mr. Lintecum to think about how the Board would structure that committee.

Mr. Lintecum said he and Mr. Havasy had discussed using a couple members from the TSBF, Tourism Director and Mr. Gentry since he work
ed closely with the Louisa Historical Society.

Mr. Harper asked that something be put together and presented at the next meeting.

COUNTY ADMINISTRATORS REPORT

Mr. Lintecum stated
Joanna McDonald has provided the Board with a memo regarding a grant application for the Sheriffs Department that does not require a match.

Mr. Lintecum stated there was a request to waive fees for a habitat house.  Mr. Lintecum said Mr. Evergreen was looking at it to have about $2,000 waived.

Mr. Byers asked what
did the 19 tons consist of.  Mr. McLeod said he believed it was a combination of a mobile home, trash in the home and trash in the yard.  Mr. Havasy said there was talk about junk cars but they had been taken care of.

Mr. Havasy said he thought it was over estimated.  Mr. McLeod said they wanted someone to go look at
it to give a qualification.  Mr. McLeod said the mobile home was supposedly full of stuff.

Mr. Byers asked had there been any other request asking for the same thing.  Mr. McLeod said no.  Mr. McLeod said this would be the first one to the Board, all the others have been a very minimal amount.

Mr. Gentry said about three years ago there were a lot of houses that were falling in and the county was going to try to give the owner a break in the fees because they were safety hazards and it never took place.  Mr. McLeod said there were two he knew of.

On motion of Mr. Gentry, seconded by Mr. Barnes, which carried by a vote 5-2, with Messrs Byers and Harper voting against, the Board approved the waiving of tipping fees for the Habitat Humanity home for $2,000 at the landfill.

CONSENT AGENDA ITEMS

Resolution - Authorizing a supplemental appropriation for insurance proceeds

On motion of Mr. Barnes, seconded by Mr. Spencer, which carried by a vote of 7-0, the Board adopted a resolution authorizing a supplemental appropriation for insurance proceeds.

APPROVAL OF BILLS

Mr. Byers asked if the County paid a percentage or the total amount for tuition reimbursement.  Mr. McLeod said he believed the county paid tuition and half of the books.  Mr. McLeod said the course had to be approved ahead of time.

Mr. Lintecum added that the employee has to successfully complete the course.

Mr. Byers asked was $3,700 a normal amount.  Mr. Lintecum said it was a little higher than normal.

Mr. Byers asked if there was process to make sure it was job related.  Mr. Lintecum said yes
, it takes his approval.

On motion of Mr. Wright, seconded by Mr. Spencer, which carried by a vote of 7-0, with Messrs Wright and Barnes abstaining from bills pertaining to themselves, the Board adopted a resolution approving the bills for the second half of June 2008 for the County of Louisa in the amount of $680,543.89.

APPROVAL OF MINUTES

Mr. Spencer said he did not have a problem with what Mr. Darren Coffey came up and said, however unless it was going to be a precedent to put word for word for everyone that comes to the citizen information period, he thought there may be problem.

Mr. Gentry said the county needed to be consistent.

Mr. Havasy said the difference was Mr. Coffey
submitted his statement.  Mr. Havasy said the people that submit their statements have been in the minutes verbatim.

Mr. Spencer asked if Mr. Harry Ruths statement was verbatim.  Mr. Havasy said yes.

Ms. Zuwana Morgan said everything that Mr. Ruth said that was in the given statement was put in the minutes.

Mr. Harper asked was the Board in agreement
that statements submitted to the Deputy Clerk would be verbatim.

Mr. Byers said consistency was most important.

Mr. Barnes said anyone can give a statement and not say anything in that statement.  Mr. Barnes said if they read verbatim from the statement that would be one thing.

Mr. Harper said Mr. Coffey wasnt able to finish.  Mr. Harper said as long as the citizen was working from that document it goes in the minutes.

Mr. Spencer asked if the Board was going to do that for everyone that came in.  Mr. Harper said if its in writing and they speak from that document.

On motion of Mr. Wright, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted the minutes of the June 16, 2008 meeting.

RECESS

On motion of Mr. Spencer, seconded by Mr. Wright, which carried by a vote of 7-0, the Board voted to recess the July 7, 2008 meeting at 9:50 p.m. until July 21, 2008 at 2:00 p.m.



BY ORDER OF


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