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November 16, 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. Barnes arrived at 5:10 p.m.
* Mr. Wright left the meeting at 8:16 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; Pam Vaughan, Human Resources Generalist; Heather Amrhein; Andy Wade, Director of Economic Development; Carolyn McCray, Tourism Manager; Faye Stewart, Procurement Officer; Amanda Reidelbach, Office Manager, Administration; Alyson Simpson, Deputy Clerk, Administration and Kimberly Smith, Records Clerk, Administration

CALL TO ORDER

Chairman Harper called the November 16, 2009 regular meeting of the Louisa County Board of Supervisors to order at 5:00 p.m.  Mr. Byers led the invocation, followed by the Pledge of Allegiance.

ADOPTION OF THE AGENDA

Mr. Harper added a resolution for a budget transfer and supplemental appropriation for Emergency Services to Old Business.  Mr. Harper added Closed Session topics for consultation with legal counsel, actual or probable litigation and acquisition of real property.

On the motion of Mr. Spencer, seconded by Mr. Havasy, which carried by a vote of 6-0, with Mr. Barnes being absent, the November 16, 2009 agenda was adopted as amended.

PRESENTATIONS

Presentation - Mineral Town Hall Capital Improvement Project

Mayor Edwin Keller said the Town of Mineral had been operating the DMV since 2000 when Mr. Pettit gave it up.  Mr. Keller said it was a “DMV Select” and the Town of Mineral paid the employees and benefits and the employees were not State employees.  Mr. Keller said the State provided training and back-up for the employees.  Mr. Keller said the DMV Select was operated on a percentage basis of the money that was received for transactions throughout the year.

Mr. Keller said in 2006 and 2007, Mineral was the top-producing DMV Select in Virginia.  Mr. Keller said that rank had recently reduced slightly.  Mr. Keller said one of the reasons for that success was there were a lot of people who came from Goochland, Spotsylvania, Charlottesville and other high traffic areas so they would not have to wait in line.

Mr. Keller said the current Mineral Town Office was located on First Street in the Town of Mineral.  Mr. Keller said the building was inadequate, to say the least, and was outgrown many years ago.  Mr. Keller said the Town of Mineral was proposing to build a new building in the Town, which would be a DMV facility and Town Office Building.  Mr. Keller said it would be a multi-functional building because meetings could take place there and the DMV and Town operations would take place there.

Mr. Keller said the piece of property that the Town has a contract on was known as the “Duke property.”  Mr. Keller said the property was located between Second and Third Streets in the Town.  Mr. Keller presented a conceptual layout of the proposed 4,000 square foot building.  Mr. Keller said the building would be one-story and would be handicap accessible.  Mr. Keller said there would be adequate parking.

Mr. Keller said the Board had been kind enough to allocate money to the project years ago and he felt the project was getting closer to starting.  Mr. Keller said he just wanted to update the Board and let them know that the land was under contract and that the project was proceeding.
 Mr. Keller said he was hoping for the project to begin in 2010.  Mr. Keller said there was no cost estimate and nothing had been bid on yet.

Mr. Byers
said he had worked for DMV for 35 years and had been involved in some of the offices.  Mr. Byers said he felt the quality of service rendered at the Mineral DMV was excellent.  Mr. Byers said he felt it was important in a rural area to have offices that could still help citizens without them having to travel to the big cities.  Mr. Byers said he had always received really great service, even though the clerks may not have known who he was.  Mr. Keller said he appreciated that and would pass on the good word.  Mr. Spencer said he thought it was nice that the clerks waited on him, even though they knew who he was.

Mr. Keller thanked the Board for their time and the Board thanked Mr. Keller for coming.


Presentation - Introduction of a New Employee

Mr. Mullen introduced Mr. Andy Wade, Economic Development Director, to the Board.  Mr. Mullen said Mr. Wade would be responsible for planning, directing and supervising the economic development and tourism activities.  Mr. Mullen said Mr. Wade was a graduate of Campbell University where he majored in Business Administration and Financial Planning.  Mr. Mullen said Mr. Wade was selected specifically for his interest and experience in as well as service to the local businesses.  Mr. Mullen said Mr. Wade was Vice President of Virginia Community Bank where he managed a portfolio of over $22 million and a customer base of over 75 commercial accounts.  Mr. Mullen said Mr. Wade understood local business and was already a member of the Chamber of Commerce, Chairman of the Louisa Chapter of Ducks Unlimited and a Director of the Lions Club.  Mr. Mullen said Mr. Wade was a resident of Louisa County where he resided with his wife and two children.

Mr. Wade was introduced to the Board and Mr. Harper presented him with a Louisa County lapel pen.

* Mr. Barnes arrived at 5:10 p.m.

Presentation - University of Virginia Credit Union Donation to LCPR

Ms. Shelhorse introduced Ms. Sarah Snead and Ms. Theresa Conley from Virginia Credit Union as well as Mr. Dave Stone with the Forestry Department.  Ms. Shelhorse said the Virginia Credit Union did a promotion for “Go Green E-Statements” to encourage direct deposit and online bank statements.  Ms. Shelhorse said for each new account opened with the Zion Crossroads Branch, a contribution was placed in an account to be donated to Parks and Recreation to be used to plant trees.  Ms. Shelhorse said she worked with Mr. Stone to determine where trees needed to be planted the most and they decided on Buckner-Bumpass Park.  Ms. Shelhorse said Ms. Snead and Ms. Conley were here to present a check to Parks and Recreation.

Mr. Harper said he appreciated the involvement from the private sector.  Ms. Snead said she hoped the Bank could continue a great relationship with the County.

Presentation - New Employees for Emergency Services Department; Recruit School #3

Chief Dubé introduced the four newest members of the Emergency Services Department who recently completed their training and were already serving the community.  Chief Dubé presented a video recollection of the four members throughout their training period.

The four new Firefighter/EMTs introduced were:

-        Mr. Justin Calhoun - Woodford, Virginia; 2 years of experience with Ladysmith Volunteer Fire Department

-        Mr. George Martin - Richmond, Virginia; 9 years experience with Goochland Fire Department

-        Mr. Robert Stout - Beaverdam, Virginia; 4 years experience with Ladysmith Volunteer Fire Department

-        Mr. Preston Wiley - Richmond, Virginia; 5 years experience with Dunlap Volunteer Fire Department and Goochland Fire Department

The Firefighter/EMTs introduced themselves to the Board and Mr. Harper presented each of them with a Louisa County lapel pen.

Mr. Harper said it was great to know that all four
new employees had a background in volunteer service and he asked that they always remember where they started.  Mr. Harper said the County used volunteers and he asked that they continue to work with the volunteers as the County was working toward a unified effort between the career staff and volunteers.

Mr. Havasy said that fire and rescue
was his committee.  Mr. Havasy said he never realized what fire and rescue staff really did until he got this job.  Mr. Havasy said there had been nasty weather all week before with rain and wind and trees across the roads.  Mr. Havasy said everyone thought VDOT took care of trees in the road, but he said he was here to tell everyone that fire and rescue staff was the people who took care of that.  Mr. Havasy said they were out in the nasty weather working, making sure that everyone else could get to work or shopping.  Mr. Havasy said he wanted to give the “unsung heroes” a public round of applause for the great job they do.

Mr. Spencer said he was a retired State Trooper and he knew the difference between having a fire truck or ambulance respond to a scene and not having one respond.  Mr. Spencer said he was thankful to have paid career staff on board.

Presentation - Senator R. Edward Houck

Senator Houck discussed how it was “the best of times and the worst of times” for the State.  Senator Houck discussed State financial burdens and shortfalls, the upcoming General Assembly session and the biannual budget.  Senator Houck talked about stimulus funds and the overall economy.

Mr. Havasy
thanked Senator Houck for attending the meeting.  Mr. Havasy said he thought it was great for the local governments to be able to meet with and speak to their State representatives.  Mr. Havasy asked Senator Houck what his opinion of Virginias economy was and what would happen if the Cap and Trade Bill was passed.

Senator Houck said the State would come out of this recession.  Senator Houck said he had experienced other recessions since he had been in politics, but this one was different.  Senator Houck said he thought if it had not been for stimulus money, the economy would be in a
n even worse condition.

Senator Houck said the Cap and Trade Bill was not a direct State issue and was actually a Federal issue.  Senator Houck said he did not see how that Bill would be helpful to Virginia at all.  Senator Houck said that was his understanding, but there were lots of pieces to that Bill.

Mr. Barnes
asked that the General Assembly look strongly this year at supporting VACo with allowing counties the same taxing authority as towns and cities.  Mr. Barnes said VACo had been strongly campaigning for that taxing power for counties.  Mr. Barnes said it would help counties to have some flexibility in these hard economic times.

Mr. Wright
thanked Senator Houck for everything he had done for Louisa.  Mr. Wright said he had lived through the Great Depression and it was no doubt that President Roosevelt was a great President, but he did not bring the Nation out of the Great Depression nor would one person bring the Nation out of this recession.  Mr. Wright said World War II brought the Nation out of the Great Depression and that was not the way the United States wanted to come out of this.  Mr. Wright said everyone put themselves in this position and it would take everyone working together to get out of it.
Mr. Spencer thanked Senator Houck.  Mr. Spencer said he appreciated the candid words from Senator Houck in telling the Board exactly how things were going.

Mr. Gentry
thanked Senator Houck for coming.  Mr. Gentry said he got to listen to three legislators at the Thomas Jefferson Planning District meeting and they were asked the same question about counties having taxing authority.  Mr. Gentry said if there were State revenue shortfalls that the County had to make up the difference for, then the County should have more rights and authority to do that.  Mr. Gentry said the Dillon Rule was on many peoples minds and counties were very serious about that.

Mr. Byers
said he appreciated the fact that Senator Houck was willing to meet with several of the Countys committees and groups discussing problems with Dominion and Lake Anna.  Mr. Byers said it was important to have legislators who were willing to sit down and call together people from State government to meet with the local people.

Mr. Harper
thanked Senator Houck for his courage to meet with the Board and express some of the economys issues.  Mr. Harper asked that Senator Houck and his colleagues would be mindful of the fact that counties have much smaller revenue streams than the State when they start with cost shifts.  Mr. Harper said if the State was unable to meet the revenue demand, then the County would most likely be unable to do that as well.  Mr. Harper said the County had one main source of revenue and that was real estate taxes.  Mr. Harper said the Dillon Rule was certainly limiting for the County, but there were also those who would say the County did not need any more taxes.

OLD BUSINESS

Resolution - Releasing Lake Anna Volunteer Rescue FY 2010 CIP Funds to EMSAL

Mr. Harper asked if the request for the $8,000 had been shifted to equipment.  Mr. Mullen said yes.  Mr. Mullen said the County may require additional information in further years, but this request was not any less than what was required from the other organizations who sought the same money.

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

Mr. Spencer
said he had been reading the EMSAL Contract and reviewing the numbers of calls and it seemed to him that it was a one-way street.  Mr. Spencer said the County was coughing up money and doing what the Contract required, but the County was not receiving the same thing in advance.  Mr. Spencer said he understood there was a study going on and he did not want anyone to get the idea all of a sudden the County was going to say “no,”  Mr. Spencer said this was forewarning that the County could not continue this same path.  Mr. Spencer said the job of the Board was the health, safety and welfare and that Emergency Services was a huge part of that.

On the motion of Mr. Havasy, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution to release Lake Anna Volunteer Rescue Squads FY 2010 Capital Improvement Plan funds to EMSAL.

Resolution - Authorizing a Budget Transfer and Supplemental Appropriation for the Office of Emergency Services

Mr. Spencer said he had compared the calls that were being run by the various fire and rescue departments to the 3,000 calls being run by the career staff.  Mr. Spencer said it was decent of Chief McGhee to inform the County that Trevilians could no longer run rescue calls.  Mr. Spencer said there was enough money left out of this quarter to support paying for people to be at the Trevilians Volunteer Fire and Rescue.  Mr. Spencer said there were over 490 houses at Blue Ridge Shores and they had to have service provided to them.  Mr. Spencer said he would appreciate support of this.

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

Mr. Byers
said over the last year, the County had employed 15 to 19 career positions.  Mr. Byers said the County was able to provide protection and services and it seemed to him that the County was moving really quickly with resources.  Mr. Byers said he thought the County should get more experience as more employees were hired.  Mr. Byers said this was just the beginning because hiring career staff would bring along equipment and uniforms and other expenses.  Mr. Byers asked where this would really stop.  Mr. Byers said a lot of emphasis and a lot of money was spent on Emergency Services over the past year and a half.

Mr. Harper
said he agreed.  Mr. Harper said he thought this was going to require a deep study, not just by the State, but also by the Board.  Mr. Harper asked how the County would go about funding in the future.  Mr. Harper said it would have to be based on productivity and certain standards would have to be met.  Mr. Harper said the County could not continue to pay for non-response.  Mr. Harper said he would support this request simply because it was for part-time people.  Mr. Harper said he would not have supported this if it was for full-time.

Mr. Barnes
said he told everyone that, as a school official, if he was going to err, it was going to be on the side of safety.  Mr. Barnes said if he was going to make an error, it was going to be on the side of making sure the childrens best interest was at heart.  Mr. Barnes said, in this case, if he was going to make a mistake, it was going to be done trying to save someones life.

Mr. Spencer
said he had the documentation and the County was paying almost $1 million to EMSAL and they were running only 29% of the calls.  Mr. Spencer said the career staff was running 3,400 calls for just about the same amount of money.  Mr. Spencer said the Board received information about a man who was laid out at the Wal-Mart Distribution Center and the County could not get anyone to respond.  Mr. Spencer said there were two career people there.

Mr. Spencer
said there was $500,000 worth of radios and pagers amongst the volunteer departments in the County.  Mr. Spencer said it was a shame to him that no one was available to answer a call at 2:00 a.m.  Mr. Spencer said the Boards job was the health, safety and welfare of the citizens.

Mr. Harper
said, to be fair, he wanted to note that three other surrounding counties could also not get anyone to respond to help in that situation either.

        On the motion of Mr. Spencer, seconded by Mr. Barnes, which carried by a vote of 6-1, with Mr. Byers voting against, the Board adopted a resolution authorizing a budget transfer and supplemental appropriation for the Office of Emergency Services.

Discussion - Division of the General District and Juvenile/Domestic Relations Courts

Mr. Mullen said Judge Susan Whitlock was present at the meeting.  Mr. Mullen said he provided his information to the Board in the form of memorandums and letters.  Mr. Mullen said this dated back a while.  Mr. Mullen said Judge Whitlock had worked with staff to reduce the original cost of the project from $18,000 down to about $9,900 which saved the County almost $8,500.  Mr. Mullen said Judge Whitlock did the saving of the money on her own whim.

Mr. Mullen said he spoke to Mr. Karl Hade, Executive Secretary of the Supreme Court of Virginia, and he made it very clear that any additional cost for personnel would be absorbed by the Supreme Court of Virginia and not by the locality.  Mr. Mullen said the money for the project was already budgeted and the savings was even better.

Mr. Byers said the Supreme Court of Virginia had decided to cover any additional expenditure for personnel.  Mr. Byers asked if that also included personnel who provided security for the Court.  Judge Whitlock said there would be no additional cost for security because there would be no changes made that would affect the person who currently served as security.  Judge Whitlock said the Court itself would be operated the same.  Judge Whitlock said there would be no additional bailiffs needed or anything.

Mr. Byers said another item that had been discussed was transporting people from the jails to the courts.  Mr. Byers said there was a lot of money and resources spent doing that.  Mr. Byers asked if there was anything Judge Whitlock could be to help better utilize technology, such as interviewing on location.  Mr. Byers said he did not completely understand the process, but he thought it would be beneficial to use resources that were available.  Mr. Byers said he understood there were a lot of transports, which used a lot of time and resources.  Mr. Byers said it was also a safety factor every time a prisoner was placed in a vehicle to be transported.

Judge Whitlock said there was a video available at the Court now, which came through the “Best Practices” program.  Judge Whitlock said Central Virginia Regional Jail had not had that technology up and running and that had been a problem in the past.  Judge Whitlock said she was unsure if the Jail had that video system operating now, but it had been a problem in the past.

Mr. Barnes said the Board was unaware of that.  Mr. Harper said he was aware that the Central Virginia Regional Jail had that system in operation.  Mr. Harper said he was also aware that the Circuit Court was approached about the video system and half of the judges there said they would not use it.

Judge Whitlock said she could not control the other judges or courts.  Judge Whitlock said the Juvenile Court was using the system, but when the system was allowed to be used was controlled by statute.  Judge Whitlock said it could be used to advise someone of a first appearance or for a bond hearing.  Judge Whitlock said a continuance could be done if someone knew that the case was going to be continued.  Judge Whitlock said the transportation orders were sent out in advance and it could be that prisoners are already in the vans heading to the court before anyone knew the case was going to be continued.

Mr. Spencer thanked Judge Whitlock for attending the meeting and for helping review the project and cut the cost in half.  Judge Whitlock said Mr. Linhares should also be thanked.  Judge Whitlock said she called Mr. Linhares on Friday and he was immediately able to work with her to get the price down.

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

Mr. Harper said this would involve some cost, and for that reason, he was not going to support it.  Mr. Harper said the Board had just heard from Senator Houck that it was not a pretty picture in Richmond and there could be more cost shifts.

Mr. Havasy commented that there had to be some way to give Mr. Linhares a raise.  Mr. Havasy said he had saved the County more money.

        On the motion of Mr. Barnes, seconded by Mr. Spencer, which carried by a vote of 6-1, with Mr. Harper voting against, the Board approved the division of the General District and Juvenile/Domestic Relations Courts and the project cost associated with that division.

NEW BUSINESS

Resolution - To Award the Contract to McCain Printing for the Louisa County Messenger

On the motion of Mr. Gentry, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution to award a contract to McCain Printing for the printing and distribution of “The Louisa County Messenger.”

Discussion - Establishing a Financial Policy for Louisa County

Mr. McLeod said most of the financial policy the County had was unwritten and had been discussed over a period of time.  Mr. McLeod said some of the classes at VACo said that the County should have a financial policy that could actually be reviewed.
Mr. McLeod said most of the time the County sends out the budget letters that say that the budgets had to be balanced.  Mr. McLeod said that could be taken a step further where all approved and appropriated budgets would also have to be balanced.

Mr. McLeod said a multi-year financial review had been done in the past.
 Mr. McLeod said that was something the County should continue to do.  Mr. McLeod said the financial review would examine known operational issues and revenue issues as well as potential capital projects and could forecast where the County would be going with tax rates.
Mr. McLeod said the County wanted to make sure that department budgets were not being overrun.  Mr. McLeod said it should be up to department heads to see that their appropriate department budgets were not going over.  Mr. McLeod said if there was a department budget issue, the department head should discuss it with the Finance Director and the County Administrator.  Mr. McLeod said if there was not a problem with the overall budget, the County Administrator should have the ability to make a change within a budget without any kind of supplemental funds.  Mr. McLeod provided an example and said that this was not a current practice, but that it was something the County could consider.

Mr. McLeod said the Finance Director could review all of the
revenue and provide projections to the Board.  Mr. McLeod said the County needed to make sure, on a yearly basis, that there would be positive funds in the General Fund balance.  Mr. McLeod said the Board needed to have the ability to cut operational costs when necessary.

Mr. McLeod said the Board would receive a Finance monthly summary report, journal entries and notification of any time of potential overruns.
 Mr. McLeod said the County Administrator has had the ability to approve up to $20,000 in purchase orders, budget supplements and contracts for the last few years.  Mr. McLeod said the approval of contracts less than $20,000 by the County Administrator had been a practice, but he thought the Board should really make that an approval.  Mr. McLeod said if the County was going to approve contracts, the Board needed to be involved in them.

Mr. McLeod said operational budgets ended June 30
th of each year and re-appropriations currently took place at the first meeting in September.  Mr. McLeod said he told the Board he was going to look at other methods to be able to do that earlier.

Mr. McLeod said the General Fund balance was divided up when GASB 54 was implemented.  Mr. McLeod said there was a potential for non-spendable funds
if the County created Trust Funds.  Mr. McLeod said there were committed funds that only the Board could pull out for the committed use in which the money was put in.  Mr. McLeod said that was where the North Anna Stabilization Fund was.  Mr. McLeod said there were funds assigned as the Landfill closure and development as well as Zion Crossroads debt.  Mr. McLeod said there were also unassigned funds.

Mr. McLeod said it ha
d been the policy in the past for Community Development to be balanced and self supporting.  Mr. McLeod said that would be reviewed annually and Finance would create a comparison of the revenue received to the expenditures.

Mr. McLeod said the CIP was changing slightly this year.  Mr. McLeod said it had always been a
five-year plan and was updated annually.  Mr. McLeod said his recommendation was to add an additional five years to the CIP plan to give the Board any kind of additional look at major projects that could be in the future, such as a new school.  Mr. McLeod said the more information that was available in the process, the better.

Mr. McLeod said the Capital Reserve would be the unassigned for “pay-as-you-go” projects.  Mr. McLeod said anytime there were projects that had lapsed from their appropriation and they were not re-appropriated, they would go back to that fund.

Mr. McLeod said he would recommend identifying costs for capital projects as well as any potential funding throughout the budget process.  Mr. McLeod said he would like to provide that information to the Board so it could be determined how much money would actually be out
-of-pocket.  Mr. McLeod said something that was recently discussed was that all appropriate projects would require Board approval prior to starting the project.

Mr. McLeod said he felt the County had high accounting standards and the records were maintained
according to the Generally Accepted Accounting Principles (GAAP).  Mr. McLeod said the current monthly goal was to close by the 7th of each month and the end of the year goal was to close by the end of August.  Mr. McLeod said the end of the year goal was under review to see if that could be done sooner.

Mr. McLeod said the County had an independent public accounting firm that would issue a public financial opinion of the County.  Mr. McLeod said that statement was
released at the last meeting of each year and it would inform the Board and staff of any upcoming standards or pronouncements.

Mr. McLeod said he would like to have the Board discuss and approve the financial policy at the December 7, 2009 meeting.  Mr. McLeod
said he would be glad to answer any questions or address any concerns.

Mr. Harper
said he agreed with Mr. McLeod that this document should be taken under advisement.  Mr. Harper asked that the Board route any questions to Mr. Mullen or Mr. McLeod so that most of the questions could be answered before the December 7, 2009 Board meeting.

Resolution - To Proceed with Replacement of Fleet Vehicles CIP Project

On the motion of Mr. Spencer, seconded by Mr. Barnes, which carried by a vote of 6-1, with Mr. Gentry voting against, the Board adopted a resolution to proceed with the replacement of fleet vehicles CIP project.

Resolution - Amending the Louisa County Employee Handbook

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

Mr. Byers asked if the changes being made would impact the amount of money the County had to pay for overtime.  Ms. Vaughan said that had already been changed.  Ms. Vaughan said the hourly rate from their expected hours had already been adjusted.  Ms. Vaughan said the amount of maximum accruals had not been changed.

Mr. Mullen said this would not change the hourly rate or the overtime at all.  Mr. Byers asked if this would require that the Board incur more overtime expense.  Ms. Vaughan said no.

On the motion of Mr. Barnes, seconded by Mr. Spencer, which carried by a vote of 7-0, the Board adopted a resolution amending the Louisa County Employee Handbook.

Comment/Clarification - To Proceed with Replacement of Fleet Vehicles CIP Project

Mr. Byers asked if the 2500 Series truck was the type of vehicle that the Board talked about before that needed to have sufficient justification.  Mr. Harper said probably not.  Mr. Mullen said he thought the answer was no.  Mr. Byers asked if these were absolutely needed for the job.  Mr. Mullen said yes.

COMMITTEE REPORTS

Mr. Spencer said he and Mr. Gentry attended a JAUNT Meeting the week before and the budget was discussed.  Mr. Spencer said JAUNT may be going 3% over, if that.  Mr. Spencer said the big question was whether or not the County was going to fund another route in Louisa County.  Mr. Spencer said he told JAUNT that it depended upon the Board decision and that he and Mr. Gentry could not make that decision alone.

Mr. Barnes asked for an update from the Broadband Committee at the next Board meeting.  Mr. Harper asked if an update could be provided in writing sooner than the next meeting.  Mr. Mullen said he would try to gather the information and have it in the next Board packet.

Mr. Byers asked if the companies and people who inquired about Broadband with the County had been contacted yet or not.  Mr. Byers said if it had not been done, it should be done soon.

Mr. Harper said the Central Virginia Regional Jail budget would be reviewed soon.  Mr. Harper said it would probably not be pleasant because of the shifting of costs again.

Mr. Harper said the Board wanted to have a pre-budget meeting.  Mr. Harper asked Mr. Mullen to work with the Board to set a time and date for the pre-budget meeting.  Mr. Harper said he felt the Board received a pretty good summary of the budget early on.

BOARD APPOINTMENTS

Mr. Barnes said he would like to appoint Ms. Modest Spry to the Parks and Recreation Advisory Committee effective January 1, 2010.  Mr. Barnes said he received a resignation letter from Mr. Bill Small for the Clean Community Commission.  Mr. Barnes said he would like to re-appoint Ms. Lisa Price to the Planning Commission.

On the motion of Mr. Barnes, seconded by Mr. Spencer, which carried by a vote of 7-0, the Board appointed Ms. Modest Spry to the Parks and Recreation Advisory Committee and re-appointed Ms. Lisa Price to the Planning Commission.

COUNTY ADMINISTRATOR'S REPORT

Mr. Mullen reminded the Board of several upcoming events.
Mr. Mullen said he needed a vote on a resolution as a formality to move forward with signing documents to get the necessary funding from USDA Rural Development to expand the Regional Wastewater Treatment Plant.

On the motion of Mr. Gentry, seconded by Mr. Spencer, which carried by a vote of 7-0, the Board adopted a resolution authorizing the County Administrator to execute financial forms pertaining to USDA Rural Development funding.

Mr. Byers asked if the County could find out how many active fire and rescue volunteers there were through the study that was being performed by the State.  Chief Dubé said the term was “operational” and that referred to people who were actually running the calls.  Mr. Byers said the County was going to be looking at how many resources each volunteer department had, how much money was being paid and how many calls they were running. Chief Dubé said the numbers could come from Revenue Recovery for the EMS departments.  Chief Dubé said the County would have to rely on the information provided by each volunteer fire department for the firefighter volunteers.  Chief Dubé said the State would probably be able to access that information easier.  Chief Dubé said it would make sure that information was included in the study being performed by the State.

Mr. Gentry
thanked Chief Dubé for the actions he had taken throughout his department to receive such good notes about the response times and the professionalism of the firefighter/EMTs.

CONSENT AGENDA ITEMS

Resolution - Accepting Local Law Enforcement Mini Block Grant and a Supplemental Appropriation to the Sheriff's Office

        On the motion of Mr. Gentry, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution accepting the Local Law Enforcement Mini Block Grant and a supplemental appropriation to the Sheriff's Office.

Resolution - Authorizing a Supplemental Appropriation of Emergency Preparedness Funds from the Virginia Department of Emergency Management

        On the motion of Mr. Gentry, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution authorizing a supplemental appropriation of Emergency Preparedness Funds from the Virginia Department of Emergency Management.

Resolution - To Authorize the Purchase of a Dispatch Station from Positron Public Safety using PSAP FY 2010 Funding

        On the motion of Mr. Gentry, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution to authorize the purchase of a Dispatch Station from Positron Public Safety using PSAP FY 2010 funding.

Resolution - Authorizing Supplemental Appropriations for Vehicle Repairs & Replacement for the Sheriffs Office

        On the motion of Mr. Gentry, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution authorizing supplemental appropriations for vehicle repairs & replacement for the Sheriffs Office.

Resolution - For a Supplemental Appropriation to the County Administrators Department for Employee Recognition

        On the motion of Mr. Gentry, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution for a supplemental appropriation to the County Administrators Department for employee recognition.

Resolution - Authorizing a Supplemental Appropriation for the Sheriffs Department for the DMV Ark Angel Highway, Alcohol, Speed and Seatbelt Enforcement Grant

        On the motion of Mr. Gentry, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution authorizing a supplemental appropriation for the Sheriffs Department for the DMV Ark Angel Highway, Alcohol, Speed and Seatbelt Enforcement Grant.

Resolution - For a Supplemental Appropriation to the Animal Shelter

        On the motion of Mr. Gentry, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution for a supplemental appropriation to the Animal Shelter.

Resolution - Endorsing the Virginia Juvenile Crime Control Commission Act (VJCCA) Grant Renewal and Maintenance of Effort and an Appropriation of that Funding

        On the motion of Mr. Gentry, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution endorsing the Virginia Juvenile Crime Control Commission Act (VJCCCA) Grant renewal and maintenance of effort and an appropriation of that funding.

Resolution - For a Supplemental Appropriation to the Parks and Recreation Department for Work 2 Learn Program Expenses

        On the motion of Mr. Gentry, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution for a supplemental appropriation to the Parks and Recreation Department for Work 2 Learn program expenses.

Resolution - For a Supplemental Appropriation to Parks and Recreation for Funds Donated

        On the motion of Mr. Gentry, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution for a supplemental appropriation to Parks and Recreation for funds donated.

Resolution - Commending Randy Fisher on Receiving the Boy Scouts Highest Award of Eagle Scout

On the motion of Mr. Gentry, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution commending Randy Fisher on receiving the Boy Scouts highest award of Eagle Scout.

CORRESPONDENCE

Mr. Gentry said the Board members received a letter of concern from a citizen in regards to a situation at the Martin Marietta plant.  Mr. Gentry said many deliveries were being made by the railroad company in the early morning hours and it was creating a tremendous amount of noise.  Mr. Gentry said he would like the Board to agree to send a letter to Martin Marietta, Buckingham Rail and Dominion to see if they could do anything about re-scheduling the operations at the Martin Marietta Plant to give the citizens some relief.

Mr. Barnes said he read the citizen letter and he understood the concern.  Mr. Barnes said he would like to see if the County Administrator could try and mediate the situation before the Board sent a letter out.

Mr. Gentry said he had met on the site with the parties involved and when he asked them to follow up on something, he received very little attention and a lot of excuses.  Mr. Gentry said Mr. Mullen and Mr. Hoffman had both discussed the matter and he did not see any other option except to make a formal request from the Board.

Mr. Harper said the request would be to give consideration to the fact that a citizen had made a complaint and try and offer some relief.  Mr. Gentry said the key thing was trying to reschedule the trips that the railroad company makes to the plant and 1:00 a.m. and 2:00 a.m.  Mr. Gentry said the engine of the train made a lot of noise and the trips were early in the morning.
 Mr. Gentry said he would like the letter to express the concern of the timing of the deliveries and see if there could be any way to reschedule them.

Mr. Wright said when the Public Hearing took place for the Martin Marietta Plant, there was a contractor who said if he needed a load of cement at 1:30 a.m., he expected the plant to be in operation and bring a load of cement out.  Mr. Wright said one person felt one way and one person felt another way and it would be difficult to balance the two.

Mr. Byers said there were things the Board looked at when approving CUPs such as lighting, etc.  Mr. Byers said it seemed appropriate to him that if the operation was annoying or would cause major concern, the Board should express an interest on behalf of the citizens.

Mr. Harper asked Mr. Mullen if he was familiar enough with what the Board was requesting of the letter.  Mr. Mullen said he had been to the site a time or two.  Mr. Gentry said he not only wanted the letter to be from the County Administrator, but he also wanted it to be a supportive letter from the Board of Supervisors.

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

Mr.
Wright asked if this was just to make a request.  Mr. Harper said yes.

Mr. Barnes said he understood the severity of the issue, but he still preferred that the issue be worked out the “old-fashioned way.”  Mr. Gentry said there had been attempts to do that already.

On the motion of Mr. Gentry, seconded by Mr. Spencer, which carried by a vote of 5-2, with Mr. Barnes and Mr. Wright voting against, the Board voted to send a letter to Martin Marietta, Buckingham Rail and Dominion expressing the concern from a citizen and asking for the delivery schedule to be examined to see if some relief could be provided to the citizens.

APPROVAL OF BILLS

On the motion of Mr. Spencer, seconded by Mr. Barnes, which carried by a vote of 7-0, with Mr. Gentry abstaining from his reimbursements only, the Board adopted a resolution approving the bills for the first half of November 2009 for the County of Louisa in the amount of $409,069.54.

APPROVAL OF MINUTES

On the motion of Mr. Wright, seconded by Mr. Spencer, which carried by a vote of 7-0, with Mr. Barnes abstaining from the portion in which he was absent, the Board adopted the minutes of the November 2, 2009 meeting.

CLOSED SESSION #1

On the motion of Mr. Barnes, seconded by Mr. Spencer, which carried by a vote of 7-0, the Board voted to enter Closed Session at 6:25 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.

REGULAR SESSION

On the motion of Mr. Barnes, seconded by Mr. Spencer, which carried by a vote of 6-0, with Mr. Byers being absent during the time of the vote, the Board voted to return to Regular Session at 6:31 p.m.

CITIZENS INFORMATION PERIOD - 6:30 P.M.

Ms. Martha McIntire, Green Springs District, said she would like to publicly thank Mr. Havasy again for the work he was involved in for the bridge on Hamilton Road (Route 695).  Ms. McIntire said she spoke with Senator Houck and she was able to tell him how much she appreciated it as well.

RESOLUTION - CERTIFICATION OF CLOSED SESSION

On the motion of Mr. Barnes, seconded by Mr. Spencer, which carried by a vote of 7-0, the Board voted to adopt the following resolution:

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

WHEREAS, the Louisa County Board of Supervisors has convened a Closed Meeting this 16th day of November 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 16th day of November 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.

RECESS

The Board recessed for dinner at 6:35 p.m.

CALL TO ORDER

Mr. Harper called the meeting back to order at 8:15 p.m.

* Mr. Wright left the meeting at 8:16 p.m.

CLOSED SESSION #2

On the motion of Mr. Barnes, seconded by Mr. Spencer, which carried by a vote of 5-0, with Mr. Gentry absent at the time of vote and Mr. Wright absent, the Board voted to enter Closed Session at 8:16 p.m. for the purpose of discussing the following:

  1. In accordance with §2.23711 (A) (3) VA Code Ann., for the purpose of discussing the acquisition of real property for a public purpose where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body.
  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).

REGULAR SESSION

On the motion of Mr. Barnes, seconded by Mr. Byers, which carried by a vote of 5-0, with Mr. Havasy absent at the time of vote and Mr. Wright absent, the Board voted to return to Regular Session at 9:20 p.m.

OTHER

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 send a resolution to Senator Houck and Delegate Janis regarding allowing counties to have the same taxing authority as cities and towns for meals and cigarette taxes.

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

WHEREAS, the Louisa County Board of Supervisors has convened a Closed Meeting this 16th day of November 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 16th day of November 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.

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 November 16, 2009 meeting at 9:21 p.m.



BY ORDER OF


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