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AUGUST 3, 2009
5:00 P.M.

Board Members 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*

* Mr. Byers arrived at 5:04 p.m.
* Mr. Wright left the meeting at 7:35 p.m.
Others Present: Dale Mullen, County Administrator; Ernie McLeod, Deputy County Administrator; Greg Hoffman, County Attorney; Jeremy Camp, Director of Community Development; Kevin Linhares, Director of General Services; Bob Hardy, Director of Information Technology; Robert Dubé, Fire Chief; Jane Shelhorse, Director of Parks and Recreation; Sherry Vena, Director of Human Resources; Amanda Reidelbach, Office Manager, Administration; Alyson Simpson, Deputy Clerk, Administration and Kimberly Smith, Records Clerk, Administration

CALL TO ORDER

Chairman Harper called the August 3, 2009 regular meeting of the Louisa County Board of Supervisors to order at 5:00 p.m.  Mr. Spencer led the invocation, followed by the Pledge of Allegiance.

ADOPTION OF THE AGENDA

Mr. Harper stated he would like to add a resolution requesting approval to hire a full-time HVAC Technician under New Business.  Mr. Harper said he would like to add a resolution supporting EMSALs nomination of Tammy Noakes for Outstanding EMS Telecommunications Officer/Dispatcher to the Consent Agenda.

Mr. Spencer
stated that he would like to add a discussion regarding the definition of overnight parking.  Mr. Harper noted that it would be added under New Business.

Mr. Barnes said he would like to add a discussion on Verizon.  Mr. Harper noted that it would be added under New Business.

Mr. Mullen said he would like to add a resolution to implement electronic call reporting for all emergency medical providers in Louisa County.  Mr. Harper noted that it would be added under New Business.

Mr. Mullen said he would like to add a resolution for a supplemental appropriation to the County Attorneys Office after Closed Session.  Mr. Harper noted that it would be added under Legal.

* Mr. Byers arrived at 5:04 p.m.

Mr. Harper s
aid the Public Hearing for the disposition of property to the Macedonia United Methodist Church would be postponed.

On the motion of Mr. Barnes, seconded by Mr. Spencer, which carried by a vote of 7-0, the August 3, 2009 agenda was adopted as amended.

PRESENTATIONS

Presentation - A Resolution Commending Charlie Wilson on Receiving the Boy Scouts Highest Award of Eagle Scout

Mr. Mullen read the resolution and presented a signed, framed copy to Mr. Charlie Wilson.

Mr. Harper
stated that Mr. Wilsons parents could not go without recognition for their involvement in his accomplishment.  Mr. Harper said that what Mr. Wilson accomplished through his Eagle Scout Award would serve him well throughout life.

Presentation - VDOT Monthly Update

Jamie Glass, Resident Administrator, provided an update of VDOT activities, which included the following:

Maintenance

Maintenance Work Completed:

Maintenance Work Planned:


Construction

Traffic Engineering

Status Changed Since Last Month

Route

LocationRequestAction

208

Between Rt. 640 & I-64Speed Reduction to 35 MPHInstallation Scheduled

622

At Canal BridgeNo ParkingInstallation Scheduled

628

1 MW Rt. 33 to 2 MWSpeed Study Reduce 55 to 45Installation Scheduled

734

Between Rt. 635 & E.S.M.Speed StudyStudy Performed

1046

@ Rt. 33Speed Limit 25Installation Scheduled

   

Status Unchanged Since Last Month

Route

LocationRequestAction

22

From Rt. 767 to Louisa T.LSpeed Study Reduce 45 to 35Request Submitted

22

@ Rt. 780Perform Signal AnalysisRequest Submitted

615

Between Rt. 22 & Rt. 694Install CenterlineRequest Submitted

687

Between Rt. 522 & Rt. 613Deer Crossing SignsRequest Submitted

Permits and Land Development

Louisa CountyJanFebMarAprMayJunJulYTD Total

Site Plan Review Subdivision/Commercial

3128811151168

New Entrance - Commercial

541321016

New Entrance - Private

1069468447

Total Permits Processed

91518101417790

Total Utility Permits Processed

444348330

Inspection of New Subdivision Streets

101635117

Inspection of New Entrances

591010159563

Miles of Streets Accepted Into System

4.8600.4200005.28

Mr. Barnes asked about the Route 649 (Byrd Mill Road) project.  Mr. Barnes said it bothered him every time he saw a different date and was now seeing December 2011.  Mr. Barnes said he hoped that date was for planning purposes and not construction purposes.  Mr. Glass said that date was for “worst case scenario.”  Mr. Barnes asked for the “worst case scenario” note to be included in the reports because they were public documents.

Mr. Barnes said there were some misconceptions that there was untruth in the amount of money reported and that the money was available and the road projects could get done a lot faster.  Mr. Barnes said he would like an article in the next County Messenger showing the Secondary Six-Year Plan and showing how the money has been allocated.  Mr. Barnes said he would like to help clear up some misconception about the road projects.

Presentation - TJPDC Legislative Program

Mr. David Blount said he wanted to take the opportunity to talk to the Board about development of the Regional Legislative Program for 2010.  Mr. Blount said he was looking for comments or input to consider so a copy of the draft Program could be presented to the Board in September and approval could be obtained in October.

Mr. Blount said he felt the budget would be a focus for the Program.  Mr. Blount said he thought the challenge was being able to show the Legislators that many State programs are carried out at the local level.  Mr. Blount said transportation and education would be other focus areas of the Program.  Mr. Blount said the Legislative Program would also focus on some land use and proffer impacts.

Mr. Blount said there would be an area of the Program with ongoing and specific concerns from the counties.  Mr. Blount noted that he would welcome suggestions from the Board on items that they would
specifically like to see in the Program.

Mr. Harper said it appeared that the Legislators were fit to d
eal with land use issues on a local level.  Mr. Harper said when looking at the state of affairs in Louisa and the state of affairs in Richmond, Richmond may not want to do to the counties what they have done to themselves.  Mr. Blount said it would not make any sense for the State to delve into local land use issues.  Mr. Blount said there were no resources to do that and he agreed with Mr. Harper.

Mr. Barnes said he hoped that the General Assembly would allow for counties to have some of the same taxing authority as towns.  Mr. Barnes said he felt
it was time to let the Dillon Rule” relax some for counties.  Mr. Barnes said he hoped to see that issue brought back up.

Mr. Gentry said he felt like the same items were on the priority list every year, but nothing was ever accomplished.  Mr. Blount said he felt the same way and he would certainly like to see some success in the areas that localities point out.

Mr. Havasy asked Mr. Blount how the rest of the localities represented through his Region of the Thomas Jefferson Planning District Commission reacted to the new Stormwater Regulations through DCR.  Mr. Blount said other localities had reactions similar to that of Louisa.  Mr. Blount said the TJPDC was hoping to submit some comments on behalf of the Region.

Mr. Havasy asked if the input from the localities would have any effect on the Stormwater Regulations or if the Regulations were already a done deal.  Mr. Havasy said these regulations are going to affect anyone who
was thinking about building a house in Louisa.  Mr. Blount said these Stormwater Regulations had been in the works for a while and there had been a number of technical advisory meetings.  Mr. Blount said he felt that what was being presented now was what would be put in place.

Mr. Havasy asked what Mr. Janis and Mr. Houcks opinions were in regards to these new Stormwater Regulations.  Mr. Blount said he had not discussed these Regulations with them.  Mr. Havasy asked that Mr. Blount have comments or input from Mr. Janis and Mr. Houck next time he came to update the Board.

Presentation - 2009 Internship Program

Ms. Pam Vaughan said she would like to thank the Board for their support of the Internship Program, the sponsors for their willingness to challenge the interns and the interns for meeting those challenges. Ms. Vaughan said she would also like to thank Ms. Ava Pippin for her help with recruitment and Ms. Stacey Richardson for her help with the presentation.  Ms. Vaughan said special thanks went out to three of the interns, Christine, Emily and Fletcher, for their creativity and hard work in putting together the video presentation.  Ms. Vaughan thanked Ms. Sherry Vena for encouraging her to manage and coordinate such a positive program.

Ms. Vaughan said the Internship Program was highly visible this year and she believed it was a successful program. Ms. Vaughan stated that she was proud to be able to offer this opportunity to the students.  Ms. Vaughan said becoming an intern for Louisa County was very competitive and noted that the intern recruitment process was designed to be representative of a real world experience.  Ms. Vaughan said the interns always brought a fresh perspective to the daily duties and that made this experience such a rewarding one for everyone involved.

Each intern stood and introduced themselves to the Board and then the video presentation of the Internship Program put together by the interns themselves was presented to the Board.

Mr. Harper said the Board enjoyed having the interns attend a Board meeting to make their presentation.  Mr. Harper said each group of interns put their own “twist” on the Program and the presentation and the Board enjoyed that.  Mr. Harper presented a Louisa County lapel pen to each intern and thanked them for their involvement in the County.

Presentation - 2009 Work2Learn Program

Ms. Jane Shelhorse introduced three of the Work2Learn Program participants who were in attendance at the meeting.  Ms. Shelhorse said Work2Learn was a six-week program and the County had ten participants.  Ms. Shelhorse said the participants came from all different aspects and backgrounds.  Ms. Shelhorse stated that some of the participants worked on park clean-up around the County, the Middle School baseball field, the County Office Building and the Fitness Trail at the Betty Queen Center.

Ms. Shelhorse said the participants had to attend several training
seminars including a team building workshop, two days of OSHA training, CPR certification, work readiness sessions and financial budgeting.

Ms. Shelhorse said she asked the participants what they thought about the program and most of them said they learned how to work on a team, learned how to be positive leaders and learned how to be safe in a work environment.

Mr. Harper said the Board appreciated what the Work2Learn participants had done around the County and presented each participant with a Louisa County lapel pen.

Presentation - Introduction of New Full-Time Firefighter/EMTs

Mr. Mullen discussed the needs assessment of the County and the commitment to have full-time fire and emergency medical providers.

Mr. Mullen said there were thirteen new full-time, cross-trained Firefighter/EMTs hired for Louisa County Emergency Services.  Mr. Mullen said all thirteen individuals went through DMV and criminal background checks, a written exam, a physical abilities test, a panel interview and a final interview with the County Administrator before entering into service with the County.  Mr. Mullen said all thirteen individuals passed a drug screening, a pre-employment physical and have committed to remain tobacco-free both on and off duty.
 Mr. Mullen said thirteen out of the sixteen positions were filled and that was done because there would be smaller groups to train.

Mr. Mullen introduced the thirteen new full-time Firefighter/EMTs as follows:  Larry Andes, Jr., Jonathon Apperson, Michael Barrett, Eric Groome, Robert Hughes, Thomas Jacobs, Jeffery Johnson, Trevor Jones, Michael Keatts, Tim Luck, Tim Morden, Mark Stanton and Jason Stinnett.

Mr. Harper noted that this was the initial group who would help develop a great relationship between the volunteer and paid career firefighter and emergency services personnel.  Mr. Harper said as the first group, they would set the pace and set the standard for the paid career programs.  Mr. Harper said the Board was very pleased with the fact that all of the new Firefighters/EMTs had volunteer backgrounds and he asked that they not forget where they started.  Mr. Harper presented each new employee with a Louisa County lapel pen.

Mr. Gentry said he was sure that the paychecks were not reflective, but he felt that the emergency services staff were some of the most important people in the County.

Mr. Havasy said fire and rescue was his committee and
the volunteers and paid career staff were near and dear to his heart.

OLD BUSINESS

Discussion - Analysis of Community Development Department Fee Structure

Mr. Camp presented a PowerPoint presentation to the Board analyzing Louisa Countys fees against the fees of other surrounding counties.  Mr. Camp discussed proffer amounts, rezoning application fees, Conditional Use Permit fees, site plan fees, subdivision fees, residential building permit fees, commercial building permit fees, rezoning application timelines, Conditional Use Permit application timelines, subdivision application timelines, site plan application timelines and building permit timelines.

Mr. Havasy asked that the next time Mr. Camp did this presentation, he list the population of each locality, the number of applications they go through per year and the staff size of their department.  Mr. Havasy said he felt that information would be very beneficial in making a valuable comparison.

Mr. Camp said, in conclusion, that Louisa County ranked the lowest overall in the fees that were charged for services.

Mr. Havasy asked Mr. Camp if he felt cash proffers stopped/slowed growth, increased growth or had no effect on growth.  Mr. Camp said cash proffers absolutely had an effect on the price of a home and to the homeowner.  Mr. Camp said he felt cash proffers became a disincentive when they reach the higher levels.  Mr. Camp said if the market was good, he did not think that a reasonable cash proffer rate would deter growth.

Mr. Harper asked what the purpose of a cash proffer was.  Mr. Camp said the purpose of a cash proffer was to mitigate the impacts of a development and to be used towards capital improvement projects.  Mr. Harper asked if cash proffers were to be used to keep the rest of the population from underwriting the costs of the development.  Mr. Camp answered yes.

Mr. Gentry said he had heard in the past that some localities tried to use cash proffers to deter or stop growth, but it did not work because the demand was still there.

Mr. Havasy said the cash proffer comparison was the only chart that he had a problem with Louisa being the lowest.  Mr. Havasy said he wondered what Louisa was doing wrong and he knew the cash proffer was based on the CIP.  Mr. Havasy asked if it was mostly the construction of the new high school that drove Fluvanna Countys cash proffer higher.  Mr. McLeod said that was definitely a factor.

Mr. Gentry asked if the cash proffer could be adjusted each year.  Mr. Camp said it could be adjusted each year, but did not have to be.

Resolution - Approving the Community Development Departments Bonding Estimate Policy

On the motion of Mr. Barnes, seconded by Mr. Spencer, which carried by a vote of 6-1, with Mr. Havasy voting against, the Board adopted a resolution to approve changes to the Bonding Policy as recommended by the Department of Community Development.

Update - Report on Biosolid Activities and Reimbursement Limitations

Mr. Camp said there was a question from the Board as to whether or not Code Enforcement staff was certified to monitor biosolids and if the County was receiving the maximum reimbursement through DEQ. Mr. Camp said, in regards to the certification question, he had been informed by DEQ that there was not a certification program offered for county biosolids monitors, but Louisa County Code Enforcement staff had received the required training to perform the role of biosolids monitoring through a series of training and workshops that have been attended since 2006.

Mr. Camp said the County was currently being reimbursed 141% of the County biosolids monitors salary as well as reimbursement for cell phone usage, mileage, training and other expenses as they occurred.  Mr. Camp said he felt this was the maximum amount of funds that could be collected.

Mr. Camp said Louisa County staff was committed to monitoring and enforcing biosolids regulations according to local and State regulations.  Mr. Camp said he wanted to make sure the biosolids program was monitored in accordance with DEQ and in a way preferred by the Board.  Mr. Camp said he had arranged for DEQ to attend a future Board meeting to discuss regulations in greater detail and examine the procedures currently in place to determine if any changes need to be made to the way Louisa County currently handled the biosolids program.

Mr. Spencer said he was the one that prompted this.  Mr. Spencer said he had a representative from DEQ contact him to let him know that Ms. Cindy Draves had contacted a DEQ coordinator for local county biosolids monitors.  Mr. Spencer said he was glad that staff was finally figuring out what they had to do to get Ms. Draves set.

Mr. Harper asked if the Board still needed DEQ to come and make a presentation.  Mr. Spencer said he felt it would be a good idea because there would be someone available first-hand to answer questions.

Mr. Spencer said he sent out information to the Board from the DEQ representative regarding the different types of biosolids.  Mr. Spencer said there was also information addressing what DEQ was getting ready to do about the odor situation.

Discussion - New DCR Stormwater Regulations

Mr. Barnes motioned to approve the resolution.  Mr. Wright seconded the motion.

Mr. Gentry said he heard that most of these Stormwater Regulations were put into the Code this year and he asked if that was true.  Mr. Camp said DCR had some changes in 2005, but these specific changes to the Regulations had not been placed into effect yet.  Mr. Camp said now was the time for the local jurisdictions to try and make a difference.

Mr. Mullen said he understood that Fluvanna Board of Supervisors was considering a very similar resolution for approval.  Mr. Mullen said the Thomas Jefferson Partnership for Economic Development (TJPED) asked for the County to compile comments and sent it to them.  Mr. Mullen said the TJPED was waiting for approved resolutions from the County so that they could adopt their own position, which was a position similar to Louisas.

Mr. Havasy commended Mr. Camp on his well-documented, well-researched and well-written explanation of the changes.

On the motion of Mr. Barnes, seconded by Mr. Wright, which carried by a vote of 7-0, the Board adopted a resolution regarding the proposed changes to the Virginia Stormwater Management Program (VSMP) regulations by the Virginia Department of Conservation and Recreation (DCR).

NEW BUSINESS

Resolution - Proceeding with Sheriffs Office Vehicle Replacement CIP Project

Mr. Byers said the resolution read in the first phrase that this project entailed purchasing new vehicles to replace and/or supplement vehicles, but the last phrase of the resolution said this was a vehicle replacement project.  Mr. Byers said the resolution seemed to be inconsistent.  Mr. Byers asked if the Sheriffs Office was adding new vehicles or if they were replacing vehicles.  

Mr. Harper said it appeared some of the vehicles would be held onto in reserve.  Mr. Harper said one vehicle would not be turned in for every new vehicle purchased.


Mr. Wright said the unwanted vehicles would be turned over to the General Services Department.

Mr. Harper said he talked to Major Donnie Lowe about an explanation for the SUV.  Mr. Harper said he thought the Board had asked for justification at some point.  Mr. Harper said the justification offered to him from Major Lowe regarding the purchase of the SUV was that the vehicle would go to Court Services to be used to move items around such as impounded trailers.

Mr. Byers said if one person was going to be asked for justification, then everyone should be asked for justification.  Mr. Byers said if there was a reason to have the vehicle, then he felt the Board had been reasonable enough in the past to allow for it.  Mr. Byers said the Board should adhere to the standard for the County.

Mr. Barnes asked if the $247,000 was budgeted for the Sheriffs Department.  Mr. McLeod answered yes.  Mr. Barnes said the Sheriff was a Constitutional Officer and he knew what was necessary for the Sheriffs Department.  Mr. Barnes said he did not want to get into choosing every car that the Sheriffs Department would drive and pointed out that this request was within budget.

Mr. Barnes motioned for approval of the resolution. Mr. Havasy seconded the motion.

Mr. Byers said he felt Mr. Barnes had made a good point.  Mr. Byers said throughout the Commonwealth, vehicle usage was being examined.  Mr. Byers said the general public is the one who pays the bills and he felt it was the Boards responsibility to make sure there was a reasonable application of policy.

Mr. Barnes said he thought the question was whether or not the Sherriffs Department could purchase the vehicles and he did not know that there was a question about mileage or who drove the vehicles.  Mr. Harper said this was for the purchase of seven police cruisers and one SUV.  Mr. Harper said the mileage was just an example given as to why the whole aspect of vehicles should be examined.

Mr. Gentry said he had some concerns regarding an SUV versus just a pick-up truck.

Mr. Harper requested a roll call vote on Mr. Barnes' motion.

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

On the motion of Mr. Barnes, seconded by Mr. Havasy, which carried by a vote of 3-4, with Messrs Harper, Spencer, Byers and Gentry voting against, the motion failed to adopt a resolution proceeding with the Sheriff's Office vehicle replacement CIP project.

Mr. Harper and Mr. Spencer both expressed that they voted against moving forward with the replacement vehicles until they received more information.

Mr. Gentry motioned to approve purchasing the seven police cruisers only and not the SUV.  Mr. Spencer seconded the motion.

On the motion of Mr. Gentry, seconded by Mr. Spencer, which carried by a vote of 7-0, the Board voted to move forward with the purchasing of the seven police cruisers only and not the SUV.

Mr. Harper asked Mr. Mullen to see that Major Lowe provide more rationale to the Board for the purchase of the SUV.

Resolution - Proceeding with Emergency Services Department GPS CIP Project

Mr. Spencer motioned for approval. Mr. Gentry seconded the motion.

Mr. Byers said he was unsure of the total cost because he saw several different figures.  Mr. Byers asked what would happen to the leftover money if the project ended up being less than $60,000.

Chief Dubé said the project was priced below $60,000 once the two purchase orders were added together.

Mr. McLeod said if there were funds left over after the purchase under the appropriated amount, the leftovers would come back to the Board next year for re-appropriation.

Mr. Harper asked what would happe
n if an addition came up later that would have to be added.  Mr. McLeod said it would have to come back before the Board for approval.

On the motion of Mr. Spencer, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board adopted a resolution proceeding with the replacement of the GPS system for the Radio System Repeaters CIP project.

Resolution - To Renew the Maintenance Contract on the Motorola Public Safety Radio/Tower System

On the motion of Mr. Spencer, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution to renew the Maintenance Contract on the Motorola Public Safety Radio/Tower System.

Resolution - Requesting Approval to Hire a Full-Time HVAC Technician II in the General Services Department

On the motion of Mr. Spencer, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution requesting approval to hire a full-time HVAC Technician II in the General Services Department.

Discussion - Overnight Parking Definition

Mr. Spencer said the Governor had recently ordered the closing of several rest areas in Virginia.  Mr. Spencer said he talked to Wal-Mart at Zion Crossroads and they will put signs up in their parking lot prohibiting overnight parking at the Countys request.  Mr. Spencer said Wal-Mart did not want signs prohibiting overnight parking.  Mr. Spencer said his question was whether or not the County Code section had to be amended to define overnight parking.

Mr. Spencer said if someone got off the Interstate in Zion Crossroads, there was a chance they would eat at IHOP and fill up in gas and it was a known fact that every Wal-Mart had a RV parking section.  Mr. Spencer said he was asking that the overnight parking definition be taken back to the Planning Commission.

Mr. Gentry said it seemed reasonable to him.  Mr. Barnes said he thought what Mr. Spencer said made sense.

On the motion of Mr. Spencer, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board voted to have the Planning Commission review the overnight parking definition for consideration.

CITIZENS INFORMATION PERIOD - 6:30 P.M.

Mr. Garland Nuckols, EMSAL Representative, presented each Board member with an EMSAL t-shirt.  Mr. Nuckols said there were more volunteers coming in now then there had been for a while.

The Board thanked Mr. Nuckols for the work that
all the volunteers do for the County.

Mr. Michael Bryant, Plum Tree Road, Jackson District, thanked the Board for the recent work that was done on Plum Tree Road.  Mr. Bryant said the road was a Rural Rustic Project and was now tarred and chipped and he thanked Mr. Gentry, Mr. Jennings, and Mr. Byers for all their help.  Mr. Bryant also thanked VDOT for all their hard work.

NEW BUSINESS (Continued)

Discussion - Verizon

Mr. Barnes said he was really disappointed with the Verizon representative not showing up again.  Mr. Barnes said he would not be happy until the representative came before the Board to address the issues.  Mr. Barnes said the County needed to get better service from Verizon.  Mr. Barnes said there was no excuse and he was going to keep calling Verizon until he received answers.  Mr. Barnes said the people who live in the country pay their phone bills just like everyone else.

Mr. Spencer said he spoke with Mr. Tam Murray about the tower on the Ogg Farm.  Mr. Spencer said Mr. Murray still did not know if Verizon was going to co-locate on that tower or not.  Mr. Spencer said there were empty towers built all over the County and a plan had to be made to bring the carriers to them.

Mr. Havasy said Mr. Murray did say that Verizon was going to start paying rent on September 1, 2009.  Mr. Havasy said he was sure that if Verizon started paying rent on the tower, they would soon co-locate there to provide service.

Mr. Byers asked if there was any way to get leverage against companies like Verizon who get service in the best areas and leave the rest of the County without service.  Mr. Hoffman said, in the court of public opinion, there were certainly no legal or equitable rights and Verizon, like other corporations, would target the most profitable areas.

Mr. Byers asked if a higher fee could be assessed to companies like Verizon in case the County had to underwrite placing service in the other areas themselves.  Mr. Hoffman said he thought whatever fees were determined by the Board was what would be charged.  Mr. Hoffman said he did not think there were any limitations, but the Board would have to make sure the fees did not become too burdensome because then carriers would not provide service in the County.

Mr. Spencer said Mr. Murray was applying for stimulus money for three towers and the application was 120 pages.

Mr. Harper said he understood Mr. Byers concern for leverage against these companies.  Mr. Harper said the Board gave that up when they chose to go with an advisory company to decide where the towers would be placed.  Mr. Harper said if there was no competition, then there was no incentive.

Resolution - To Implement Electronic Call Reporting for all Emergency Medical Providers in Louisa County

Mr. Mullen said he was asked about two months ago to ascertain what the problems were concerning connectivity.  Mr. Mullen said the question was why the CAD system would not interface with the Toughbooks to equal revenue recovery automation in a way that also resulted in electronic call reporting.

Mr. Mullen said the County needed to get electronic call reporting underway.  Mr. Mullen said the Revenue Recovery Committee was invited to attend a meeting on July 7, 2009 to develop a plan to move forward.  Mr. Mullen said only one of the twelve volunteers invited actually attended the meeting along with Mr. Havasy, Mr. Bob Hardy, Mr. Chris Lee, Chief Dubé, Mr. Michael Schlemmer and Ms. April Lowe.  Mr. Mullen said the group recommended to move the system back to one database.

Mr. Mullen said the current problem was trying to work with electronic call reporting into seven different databases, which was not going to work.  Mr. Mullen said a single database needed to be used because that was the way the software was designed and that was the way the software would work.  Mr. Mullen said according to State mandates, the system needed to work by the end of this year.  Mr. Mullen said he was asking the Board to give him clear direction through this resolution.  Mr. Mullen said the single database was not very popular with everyone, but it was absolutely necessary from a technical point of view.

Mr. Harper asked why each department wanted a separate database.  Mr. Mullen said it was his perception that each volunteer department believed that there was a loss of autonomy by moving to a single database.  Mr. Mullen said it would appear that it was only one agency when it is actually seven different agencies.

Chief Dubé said the original Revenue Recovery Committee recommended the software that was purchased.  Chief Dubé said after the training on the software was done, the question arose as to why there would not be seven different databases.  Chief Dubé said the software company said the seven different databases could be done, but said they were not sure about the CAD system interface.  Chief Dubé said the CAD interface was not communicating with the seven different databases.

Chief Dubé said, for clarification, the State was going to Electronic Call Reporting by the end of this year, but there was not yet a mandate.

Chief Dubé said the question from EMSAL was why the software could not do what the software company said it could do.  Chief Dubé said it was his understanding that the software was designed for one database originally and the County would be moving back to what the software was originally intended for.

Mr. Hardy said, based on the input from EMSAL, having seven separate databases was not only for autonomy but also for HIPAA requirements.  Mr. Hardy said other people were not supposed to see data for patients that they were not directly involved in the care of.  Mr. Hardy said the original design was to have one database with a “viewer” for each agency.  Mr. Hardy said the software company stated that once a “viewer” was given access, it could not be restricted as to what calls that “viewer” could and could not
see.  Mr. Hardy said as far as he knew, EMSALs reason for requesting separate databases was the HIPAA requirement.

Mr. Hardy said his solution to that was having paper copies printed and those copies were coming in through Ms. April Lowe, Revenue Recovery Administrator, and Mr. Keith Greene,
Emergency Services Supervisor.  Mr. Hardy said no one could see the information unless a Chief would come in to see their data and then that could be done.  Mr. Hardy said that was allowed through HIPAA and so was quality control through Mr. Greene for Emergency Services purposes and through Ms. Lowe for processing for DAB.

Mr. Hardy said DAB did respond to the request to have seven different databases, made their software work with seven different databases, and did have CAD interface for seven different databases.  Mr. Hardy said that would work if all the agencies ran their own ambulances with their own crews and their own laptops inside which would be programmed to go into their own database.

Mr. Hardy said the problem was when paid staf
f used volunteer ambulances which had laptops in them programmed to direct the calls to that volunteer companys log.  Mr. Hardy said the only way he felt this would work from a logistics standpoint was to change to one single database.  Mr. Hardy said seven agencies would still be reported to the State.

Mr. Harper asked if there was a HIPAA issue.  Mr. Hardy said he did not feel there was a HIPAA issue.  
Chief Dubé said the State OEMS Regulatory Manager, Michael Burke at the last EMSAL meeting and he stated this was absolutely not a HIPAA problem.

Mr. Byers asked if this was strictly a software issue.  Mr. Hardy answered yes.

Mr.
Garland Nuckols said the database was not the only problem because the software itself had problems.  Mr. Nuckols said there were problems with the software that the company itself did not fix.  Mr. Nuckols said he understood that it cost the County a lot of money to get the software into place, but to accept something that the company would not fix was not right.

Mr. Mullen said this proposed resolution was just mandating him to make any and all necessary and reasonable changes, including but not limited to placing all rescue
squads into one database and creating electronic reports as one agency for a defined trial period of 120 days to accomplish submission of electronic reports.  Mr. Mullen said at the end of that trial period, he would report back to the Board.  Mr. Mullen said he would absolutely work with EMSAL.

Mr. Nuckols added that the State had software that they would give the County for free if this trial did not work.  Mr. Nuckols said the County may even be able to get the funding back that they paid to the software company.

Mr. Gentry said he would like to have a reference of the future meeting with EMSAL added in the resolution and he would like Mr. Mullen to participate.  Mr. Mullen agreed.

Mr. Harper said the reality was this had been going on for a long time and the County had not really gotten anywhere.  Mr. Harper said after the 120-day trial period, a strong decision would have to be made.

        On the motion of Mr. Barnes, seconded by Mr. Wright, which carried by a vote of 7-0, the Board adopted a resolution to implement Electronic Call Reporting for all Emergency Medical Providers in Louisa County.

BOARD APPOINTMENTS

Mr. Byers said he had received a draft letter from the Transportation Safety Commission requesting that a member be replaced because of lack of attendance according to the Commissions Bylaws.  Mr. Byers said he hoped to have a name of the new person to appoint by the September meeting.

COUNTY ADMINISTRATOR'S REPORT

Mr. Hoffman reviewed the Historic Green Springs, Inc. versus Department of Environmental Quality court case.  Mr. Hoffman said the law suit was filed in January 2009 and the first hearing took place on July 17, 2009 and the court dismissed the action in its entirety.  Mr. Hoffman discussed some of the comments from the hearing.  Mr. Hoffman said the Court granted leave to amend the petition.  Mr. Hoffman said the petition was amended and he would be moving forward with defending the case.

Mr. M
ullen said the William A. Cooke Foundation brought to his attention the existence of an agreement dealing with the development of the Piedmont Crossroads Visitors Center.  Mr. Mullen said there were 11 contributors and he was not confident that he was fully aware of all the agreements that were made.  Mr. Mullen said he would like to Boards approval to approach all the private contributors and seek direction from them on what to do with the remaining $41,987.85.

On the motion of Mr. Gentry, seconded by Mr. Wright, which carried by a vote of 7-0, the Board voted to allow Mr. Mullen to contact the private contributors and seek direction from them on what to do with the remaining $41,987.85 originally donated to the development of the Piedmont Crossroads Visitors Center.

Mr. Mullen said he had received a letter from Congressman Eric Cantor asking him to nominate a veteran for the Congressional Veteran Commendation.  Mr. Mullen invited the Board to share their thoughts on a nomination with him or submit their own.

Mr. Barnes
said he had been receiving phone calls about Broadband and the stimulus money for Broadband projects.  Mr. Barnes said he was not sure that everyone understood the complexity of the stimulus money application.  Mr. Barnes said he would like to see that misconception cleared up because the County was not just sitting back ignoring the money.

Mr. Barnes asked what normally happened when the Health Department sent the County a warning about a drinking water violation.  Mr. Harper said only the people on the affected water system have to be notified.


Mr. Mullen said he was contacted by Virginia Broadband
and they intended to apply for ARRA stimulus money.  Mr. Mullen said the representative from Virginia Broadband was seeking a letter or resolution supporting the idea to apply for the stimulus funds and stating that the County would patronize or use the service.  Mr. Mullen said he wrote a letter to Virginia Broadband requesting that they attend the August 3, 2009 Board meeting and they said they were unable to do that because of time prior to the Board endorsing the idea.  Mr. Mullen said the County had to have details about something before they could say they would support it.  Mr. Mullen said he would write a letter saying that the County was committed to providing infrastructure and Broadband, but beyond that point, the County did not have the details.

Mr. Mullen said he was asked to investigate an animal adoption that took place on June 19, 2009 to make sure all proper procedures and laws were followed.  Mr. Mullen said the answer was
that all Louisa County Animal Shelter employees complied with existing law regarding that particular adoption.  Mr. Mullen said the action of the adopter saved the life of an animal that would have been euthanized.  Mr. Mullen said there was a similar situation in Hanover County where an animal may have been euthanized prematurely and Channel 12 tried to tie the two stories together.

PUBLIC HEARINGS

Mr. Harper stated that the second scheduled Public Hearing would be postponed.  Mr. Harper offered an opportunity for anyone present for this hearing to speak.

Mr. Harry Carter and Ms. Delmayne Carter said they were attending the meeting on behalf of the Macedonia United Methodist Church.  Ms. Carter said the Church had been in contact with Mr. Barnes discussing a land swap.  Ms. Carter said she was thankful for the opportunity to obtain some land.

Ms. Carter said the Church had been working diligently to obtain a parsonage for the pastor and thats what this land was going to be used for.  Ms. Carter said someone had now offered the Church a house for sale in the Reedy Creek subdivision and, if approved, the house would be purchased for their pastor.


Ms. Carter said she contacted Mr. Barnes and asked that the Public Hearing be postponed until a decision can be made as to whether or not the house will be purchased.  Ms. Carter asked that
this option be available if the purchase of the house was not approved.  Ms. Carter again thanked the Board for their consideration.

Mr. Carter said he was grateful to the Board members for stepping up and making this option available for the Church.

Public Hearing - On a proposed resolution entitled “A Resolution Authorizing Conveyance of Louisa County Property to the Central Virginia Regional Jail Authority once it is Created”

Mr. Hoffman said the Central Virginia Regional Jail Authority has been created and a contract has been executed between all the parties.  Mr. Hoffman said conveying Louisa Countys interest in the property would be the final step.

Mr. Harper reported that all four of the other jurisdictions had conveyed their property.

Mr. Byers asked what would happen if the Authority dissolved at any point.  Mr. Hoffman said the property would come back to the jurisdictions the same way it was donated.

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

On the motion of Mr. Barnes, seconded by Mr. Wright, which carried by a vote of 7-0, the Board adopted a resolution authorizing conveyance of Louisa County property to the Central Virginia Regional Jail Authority once it is created.

CONSENT AGENDA ITEMS

Resolution - To Take One (1) Street in the Byrd Point Subdivision into the Secondary System of Highways in Louisa County, Virginia

On the motion of Mr. Gentry, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution to take one (1) street in the Byrd Point Subdivision into the Secondary System of Highways in Louisa County, Virginia.

Resolution - Approving a Purchase Order to Pay Monthly Invoices to Diversified Ambulance Billing

On the motion of Mr. Gentry, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution approving a purchase order to pay monthly invoices to Diversified Ambulance Billing.

Resolution - Supporting Emergency Medical Services Association of Louisas Nomination of Tammy Noakes for Outstanding EMS Telecommunications Officer/Dispatcher

        On the motion of Mr. Gentry, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution supporting Emergency Medical Services Association of Louisas nomination of Tammy Noakes for Outstanding EMS Telecommunications Officer/Dispatcher.

APPROVAL OF BILLS

Mr.
Gentry motioned for approval. Mr. Barnes seconded the motion.

Mr. Byers said he noticed that there
were a number of cases where there were cell phones and pagers.  Mr. Byers asked if there was something being considered to combine those devices and become more economical.  Mr. Mullen said he hoped to bring a proposal to the Board to move everyone to Blackberries and to have a Blackberry server.  Mr. Mullen said it would require some capital funding upfront, but it would help to eliminate the double billing.

On the motion of Mr. Gentry, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution approving the bills for the second half of July 2009 (FY 2009) for the County of Louisa in the amount of $179,789.25.

On the motion of Mr. Gentry, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution approving the bills for the second half of July 2009 (FY 2010) for the County of Louisa in the amount of $792,803.14.

APPROVAL OF MINUTES

On the motion of Mr. Barnes, seconded by Mr. Gentry, which carried by a vote of 6-0-1, with Mr. Wright abstaining, the Board adopted the minutes of the July 20, 2009 meeting.

CLOSED SESSION

Mr. Barnes motioned to reconsider the Community Development Bonding Policy.  Mr. Barnes said Mr. Havasy misunderstood the resolution and now wanted to vote in favor of it.  Mr. Mullen said Mr. Barnes was the motioner the first time and he can be the one to motion for reconsideration.  Mr. Spencer seconded the motion.

        On the motion of Mr. Barnes, seconded by Mr. Spencer, which carried by a vote of 7-0, the Board voted to reconsider the Community Development Bonding Policy.

Mr. Barnes motioned to approve the resolution.  Mr. Wright seconded the motion.

Mr. Harper requested a roll call vote on Mr. Barnes' motion.

PRESENTVOTE
Richad A. Havasy Yes
P.T. Spencer, Jr. Yes
Jack T. Wright Yes
Fitzgerald A. Barnes Yes
Dan W. Byers Yes
Willie L. Gentry, Jr. Yes
Willie L. Harper Yes

On the motion of Mr. Barnes, seconded by Mr. Wright, which carried by a vote of 7-0, the Board adopted a resolution to approve changes to the Bonding Policy as recommended by the Department of Community Development.

On the motion of Mr. Barnes, seconded by Mr. Wright, which carried by a vote of 7-0, the Board voted to enter Closed Session at 7:24 p.m. for the purpose of discussing the following:

  1. In accordance with §2.23711 (A) (1) VA Code Ann., for the purpose of discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body; and evaluation of performance of departments where such evaluation will necessarily involve discussion of the performance of specific individuals.
  2. In accordance with §2.23711 (A) (7) VA Code Ann., for the purpose of consultation with legal counsel on actual or probable litigation (specific legal matters requiring the provision of legal advice by counsel).
* Mr. Wright left the meeting at 7:35 p.m.

REGULAR SESSION

On the motion of Mr. Barnes, seconded by Mr. Spencer, which carried by a vote of 6-0, with Mr. Wright being absent, the Board voted to return to Regular Session at 8:43 p.m.

RESOLUTION - CERTIFICATION OF CLOSED SESSION

On the motion of Mr. Gentry, seconded by Mr. Barnes, which carried by a vote of 6-0, with Mr. Wright being absent, the Board voted to adopt the following resolution:

PRESENTVOTE
P.T. Spencer, Jr. Yes
Jack T. Wright Absent
Fitzgerald A. Barnes Yes
Dan W. Byers Yes
Willie L. Gentry, Jr. Yes
Willie L. Harper Yes
Richad A. Havasy Yes

WHEREAS, the Louisa County Board of Supervisors has convened a Closed Meeting this 3rd day of August 2009, 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 3rd day of August 2009, 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.

Resolution - For a Supplemental Appropriation to the County Attorney's Office

        On the motion of Mr. Byers, seconded by Mr. Havasy, which carried by a vote of 5-1, with Mr. Wright being absent and Mr. Gentry voting against, the Board approved a resolution for a supplemental appropriation to the County Attorney's Office.

ADJOURNMENT

On the motion of Mr. Barnes, seconded by Mr. Spencer, which carried by a vote of 6-0, with Mr. Wright being absent, the Board voted to adjourn the August 3, 2009 meeting at 8:45 p.m.



BY ORDER OF


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