JANUARY 4, 2010
5:00 P.M.
| Board Members Present: |
Tommy J. Barlow, Fitzgerald A. Barnes, Daniel W. Byers, Willie L. Gentry, Jr., Willie L. Harper, Richard A. Havasy, and Philip T. Spencer, Jr.
| | Others Present: |
Dale Mullen, County Administrator; Ernie McLeod, Deputy County Administrator; Greg Hoffman, County Attorney; Heather Amrhein, Paralegal; 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; Andy Wade, Director of Economic Development; Amanda Reidelbach, Office Manager, Administration; Alyson Simpson, Deputy Clerk, Administration and Kimberly Smith, Records Clerk, Administration
|
ORGANIZATIONAL MEETING
CALL TO ORDER
Mr. Mullen said it was his duty to call to order the organizational meeting of the Louisa County Board of Supervisors and to open the floor for nominations for the position of Chairman.
ELECTION OF CHAIRMAN
Mr. Barnes said he would like to nominate Mr. Willie Gentry as Chairman.
There were no further nominations for Chairman.
Mr. Mullen requested a roll call vote.
| PRESENT | VOTE |
| Willie L. Harper | Yes |
| Richad A. Havasy | Yes |
| Philip T. Spencer, Jr. | Yes |
| Tommy J. Barlow | Yes |
| Fitzgerald A. Barnes | Yes |
| Daniel W. Byers | Yes |
| Willie L. Gentry, Jr. | Yes |
On the motion of Mr. Barnes, the Board voted unanimously to appoint Mr. Willie Gentry as Chairman for a one-year term.
ELECTION OF VICE CHAIRMAN
Mr. Mullen turned over the meeting to Chairman Gentry.
Mr. Gentry opened the floor for nominations for Vice-Chairman.
Mr. Barnes said he would like to nominate Mr. Richard Havasy as Vice-Chairman.
There were no further nominations for Vice-Chairman.
Mr. Gentry requested a roll call vote.
| PRESENT | VOTE |
| Richad A. Havasy | Yes |
| Philip T. Spencer, Jr. | Yes |
| Tommy J. Barlow | Yes |
| Fitzgerald A. Barnes | Yes |
| Daniel W. Byers | Yes |
| Willie L. Gentry, Jr. | Yes |
| Willie L. Harper | Yes |
On the motion of Mr. Barnes, the Board voted unanimously to appoint Mr. Richard Havasy as Vice-Chairman for a one-year term.
CALL TO ORDER
Chairman Gentry called the January 4, 2010 regular meeting of the Louisa County Board of Supervisors to order at 5:00 p.m. Mr. Barnes led the invocation, followed by the Pledge of Allegiance.
WELCOME AND OPENING COMMENTS
Mr. Gentry welcomed Mr. Tommy Barlow to the Board of Supervisors. Mr. Gentry said he was looking forward to many great things from Mr. Barlow. Mr. Gentry said Mr. Barlow spent many years on the Louisa County Planning Commission and the Board was now looking forward to serving with Mr. Barlow.
Mr. Barnes recognized Mr. Harper and said that he had done an excellent job as Chairman of the Board the last two years. Mr. Barnes said Mr. Harper did an excellent job running the meetings and representing Louisa County.
Mr. Harper said he was certainly unable to do anything that the Board did not allow him to do. Mr. Harper said he wanted to recognize the support and the guidance from the rest of the Board members as well as from Administration. Mr. Harper said he appreciated everything.
Mr. Havasy said he agreed with Mr. Barnes. Mr. Havasy said one of the nice things about working with Mr. Harper as Chairman was the fact that he kept all the Board members informed. Mr. Havasy said the Board was on task and the meetings went excellently and were not too long.
Mr. Gentry said Mr. Harper had conducted excellent Board meetings over the last two years and had left “big shoes” for him to fill. Mr. Gentry said he would try to keep the meetings about the same.
Mr. Byers said he would like to personally thank Mr. Harper. Mr. Byers said Mr. Harper was very generous in extending a helping hand and was always willing to respond in an objective manner even though their beliefs were not always eye-to-eye. Mr. Byers said he truly appreciated that. Mr. Byers said he had not worked with another person who was as skilled at running a meeting as Mr. Harper was.
Mr. Spencer said Mr. Harper had done a fantastic job and added that the Board as a whole had done a great job serving the County. Mr. Spencer said he wanted everyone to know that Mr. Barlow had many years of experience as Chairman of the Louisa County Planning Commission and there was no doubt that he could carry his own.
ADOPTION OF THE AGENDA
Mr. Gentry added a resolution setting the date and time of the Louisa County Board of Supervisors monthly meetings for 2010 to New Business. Mr. Gentry added a discussion on amendments to the Board of Supervisors Bylaws to New Business. Mr. Gentry added a resolution requesting approval to hire a Maintenance Technician II in the General Services Department to New Business. Mr. Gentry added a resolution to change the official title of the Family and Youth Services Coordinator to the Family Services Administrator.
Mr. Barnes said there was a piece of correspondence that he would like to discuss during Closed Session. Mr. Hoffman said Closed Session would be for consultation with legal counsel for actual or probable litigation.
On the motion of Mr. Barnes, seconded by Mr. Spencer, which carried by a vote of 7-0, the January 4, 2010 agenda was adopted as amended.
PRESENTATIONS
Presentation - A Resolution Commending Randy Fisher on Receiving the Boy Scouts Highest Award of Eagle Scout
Mr. Mullen read the resolution and Mr. Havasy presented a signed, framed copy to Mr. Randy Fisher.
Mr. Havasy said he was in Boy Scouts from age 11 to age 18. Mr. Havasy told Mr. Fisher that he was a member of a unique fraternity in order to achieve this award. Mr. Havasy said this achievement would follow Mr. Fisher for the rest of his life, even on resumes and job applications. Mr. Havasy said people would know that Mr. Fisher was special because very few people completed the Eagle Scout award.
Mr. Barnes said he didnt think many people realized how prestigious it was to receive the Eagle Scout award. Mr. Barnes said that a lot of famous men, including presidents, were Eagle Scouts. Mr. Barnes congratulated Mr. Fisher.
Mr. Spencer congratulated Mr. Fisher. Mr. Spencer said it was wonderful that this Board had been able to recognize a few Eagle Scouts in the County. Mr. Spencer told Mr. Fisher that he had a lot to be proud of by accomplishing this. Mr. Spencer thanked Mr. Fishers parents for being supportive.
Mr. Gentry said he was fortunate enough to be a Boy Scout Counselor for over eight years. Mr. Gentry said he knew how much work it took to make this possible. Mr. Gentry said he knew this did not come easy because there were so many badges and projects and he congratulated Mr. Fisher.
Presentation - RFC Associates; FY 2008-2009 Audit Report
Mr. Robert Huff, Robinson Farmer Cox Associates, said he would like to present the audit report for the year ending June 30, 2009. Mr. Huff said the audit had been conducted in accordance with the Law and the requirements of the Auditor of Public Accounts. Mr. Huff said the report was filed in a timely manner.
Mr. Huff said the audit report itself included opinions from three different auditors that examined three specific areas. Mr. Huff said the first area was the overall financial statement, the second area was internal control and the third area was compliance with Federal Laws regarding Federal programs. Mr. Huff said he was pleased to report that in all cases, the opinions contained in the audit report were “unqualified,” which was the best report that could be received.
Mr. Huff said he would also like to mention that the County had a Comprehensive Annual Financial Report (CAFR), which was prepared in accordance with the GASB accounting standards and that was something the County could be very proud of.
Mr. Huff presented a “snapshot” of Louisa Countys net assets to the Board. Mr. Huff said the figure was prepared on an accrual basis, which meant it took into account capital assets and all other current assets. Mr. Huff said the total assets for the year ending June 30, 2009 was $77,402,092. Mr. Huff said the fund balances and the net assets both had improvements on the positive side.
Mr. Huff said the Countys collections were maintaining a high average as they had in the past. Mr. Huff said he thought that was in good part the work of the Treasurers Office. Mr. Huff said the list of the nine largest taxpayers in Louisa County showed that from 1998 to now, the percentage of assessed values that was related to Dominions percentage of total had declined, which gave the County a better balance in the overall tax base.
Mr. Huff said he was required to report on those responsible for governance that there were no unresolved difficulties in performing the audit. Mr. Huff said all corrections and adjustments proposed were made and placed in the statement. Mr. Huff said there was no disagreement with management in terms of accounting standards and management signed all the required representation on the accuracy and validity of the records.
Mr. Huff said the management letter covered three areas: payroll processing, unclaimed property and positive pay. Mr. Huff said he thought they were good recommendations and were easily implementable. Mr. Huff said they were also well received with County personnel.
Mr. Huff said Louisa Countys statistics compared extremely well with any other locality of the same size. Mr. Huff said the numbers reflected good fiscal and prudent management of resources.
Mr. Barnes asked Mr. Huff if he thought it was good practice for the County to continue to try and diversify the tax base. Mr. Huff said it was absolutely vital to have a well balanced tax base.
Mr. Byers asked if the audit level that Louisa County sought was a comparable level that was normally done throughout the Commonwealth. Mr. Huff said yes.
Mr. Byers asked if the collection rate in Louisa was within the standard of what was taking place throughout the rest of the Commonwealth. Mr. Huff said yes. Mr. Huff said in terms of tax collections, Louisa County was above average.
OLD BUSINESS
Update - Affordable Housing Committee
Mr. Camp said the current process was that the Affordable Housing Committee would meet as needed. Mr. Camp said the Committee recently met to consider a rezoning application for Crossroads Village. Mr. Camp said the Committees recommendation was forwarded to the Planning Commission, which resulted in some changes to the proffers to provide better terms for the affordable housing that was proffered with the development.
Mr. Gentry said his observation was that there was very little done by the Committee in 2008 and 2009. Mr. Gentry asked if that was because not much was happening or because the Committee was not active enough. Mr. Camp said it was because there was not much going on in terms of new development. Mr. Camp said the Committee was also set up on a “meet as needed” basis.
Mr. Gentry asked what the economy was doing to the affordable housing issue all together. Mr. Gentry said it appeared to him that it was a moving target. Mr. Camp said affordable housing was always going to be an issue for the community. Mr. Camp said trying to get affordable housing for the community now is even more important than before because of the housing crisis. Mr. Camp said affordable housing had become less of a priority right now because of the drop in housing prices.
Mr. Barlow asked what the purpose of the Affordable Housing Committee was. Mr. Barlow said applications were reviewed on an “as needed” basis. Mr. Barlow said it appeared to him that there would be a continual need to try and establish what exactly affordable housing was.
Mr. Barnes said he agreed with Mr. Barlow. Mr. Barnes said he had been unable to attend one of the Committee meetings. Mr. Barnes said the Board had been around and around with the definition of affordable housing. Mr. Barnes said he though the definition needed to be identified and then the problems needed to be addressed.
Mr. Barnes said the down payment assistance program that the Board had participated in was not well known. Mr. Barnes said he did recently hear from two people who had been awarded money from it, but most of the people he talked to had never even heard of the program. Mr. Barnes said this was a concern that the Board previously had because information regarding the program was not getting out to the public.
Mr. Barnes said affordable housing needed to be redefined and some of the target areas needed to be addressed to handle the issues.
Mr. Spencer said he felt like this was déjà vu because this topic had been discussed about three times within the last year. Mr. Spencer said he was concerned that no one was aware of the down payment assistance program. Mr. Spencer said now would be a great time to let people know about the program because of the tough economic times. Mr. Spencer said he would like the County Administrator to send Mr. Howard Evergreen a letter requesting an explanation of how he was going to let people know about the down payment assistance program.
Mr. Camp said he would be happy to work with the Affordable Housing Committee as well as with Mr. Evergreen to develop some recommendations.
Mr. Gentry said he felt it was very important for something to be formulated to advertise this program better.
Mr. Havasy said it would probably be a great idea to develop a list of people to mail an information packet to, such as new teachers. Mr. Havasy said people needed to be aware of a program like this. Mr. Havasy said this had been discussed several times within the last year and it was disheartening because people could not take advantage of a program they did not know existed.
Mr. Harper asked how affordable housing would be defined and he did not mean with dollar amounts. Mr. Harper said for some people, affordable housing was rental housing. Mr. Harper said everyone seemed so concerned with down payment assistance to help people buy a house, but pointed out that rental property was more viable for some people than purchasing a house was. Mr. Harper said education in that regard would be great as well.
Mr. Harper said the Affordable Housing Committee decided on its own to meet “as needed” in the beginning. Mr. Harper said that may need to be reviewed as well.
Mr. Gentry said he attended an affordable housing seminar and one of the things that was discussed was the fact that rental property was one of the only affordable housing methods in some cases. Mr. Gentry said that issue had been mentioned a while ago.
Mr. Gentry said the County had a very positive program with the down payment assistance. Mr. Gentry said the program needed to be exposed so people knew it was available. Mr. Gentry asked Mr. Camp and Mr. Mullen to work on that.
Mr. Barlow said it seemed like the function of the Committee had been side-tracked. Mr. Barlow said instead of reviewing upcoming projects, the Committee may need to study what affordable housing was and develop a new definition. Mr. Barlow said the Committee could also work to promote the program that already existed.
Mr. Byers said there may be another locality that was similar to Louisa that had developed mobile home or modular home parks. Mr. Byers said that could be an opportunity, too. Mr. Byers said affordable housing was not going to be a $250,000 home. Mr. Byers said affordable housing needed to be something that someone could afford and be able to maintain. Mr. Byers said he would like to see the Affordable Housing Committee look into what was being done in other regions of Virginia.
Mr. Barnes said he had heard the idea that North Carolina had mobile home subdivisions with hard surface roads and common play areas. Mr. Barnes said the County had not done a great job researching the idea. Mr. Barnes said modular homes or mobile homes were the only form of affordable housing for some people.
Mr. Gentry said this issue had been talked about before and it was apparent from the report provided by Mr. Camp that the Committee had become less and less active.
Resolution - Amendment to the Louisa County Employee Handbook
Mr. Mullen said this amendment was specific to one employee who lived 4.6 miles outside the western border of Louisa County. Mr. Mullen said it also included clarification language to the Employee Handbook.
Mr. Spencer said if this amendment was done, he wanted language included that said that the employee could not stop at the grocery store or anywhere else on their way to and from work. Mr. Spencer said he also felt this should be applicable to the Sheriffs Department. Mr. Spencer said if this was going to be done for one person, then it should be done for all.
Mr. Byers asked if this would be done on a case-by-case basis. Mr. Mullen said this amendment would not set precedence to allow or not allow this for any other employee. Mr. Mullen said everything would be handled on a case-by-case basis. Mr. Byers asked if this would be strictly to and from home and work for the employee. Mr. Mullen said yes.
Mr. Byers asked if this could be implemented so that it had the same impact on everyone. Mr. Byers said he understood that the Sheriffs Department had a 10-mile radius or distance. Mr. Byers asked if the Board could enact a standard that had to be adhered to by all groups, including Constitutional Officers.
Mr. Gentry asked if the other vehicles were considered “County-owned” vehicles because that was what this policy was based around.
Mr. Mullen said his authority to tell the Constitutional Officers what that could and could not do with their personnel and equipment was questionable to him. Mr. Mullen said that would require further study on his part. Mr. Mullen said he did not know exactly what his authority was to decide what the Constitutional Officers could do with their vehicles. Mr. Mullen said he could find out and report back to the Board.
Mr. Gentry asked if Constitutional Officers and their employees were under the County Employee Handbook. Mr. Mullen said no. Mr. Gentry said that answered his question. Mr. Mullen said the Constitutional Officers and their employees would not be applicable to this amendment because the Employee Handbook was not applicable to them.
Mr. Harper said he did not know what the limit was, but the Sheriff did not allow some of the deputies to take their vehicles home. Mr. Harper said some of them parked their vehicles because they could not take them beyond a certain distance. Mr. Harper said the Sheriffs employees were adhering to some type of policy.
Mr. Harper said the proposed amendment was on a case-by-case basis, but it was at the County Administrators discretion. Mr. Mullen said that was correct. Mr. Harper said it would be on a case-by-case basis, but it would not be something the Board would see.
Mr. Harper said he heard that Spotsylvania County had become a bureaucratic nightmare. Mr. Harper said the Board members even said that they did not have a say in anything. Mr. Harper said those Board members felt that all the decisions had been moved “upstairs” and everything was so bureaucratic. Mr. Harper said those Board members felt like they couldnt help anyone if they needed relief.
Mr. Byers said he would think that if this change was implemented, it would be desirable for the Board to know any time an exception like this was granted. Mr. Byers said the Board had to be responsive to people when they asked questions. Mr. Byers said it would be important for the Board to know. Mr. Mullen provided his assurance that he would let the Board know.
Mr. Gentry referenced the resolution and said he did not believe that the employees name should be included in the resolution. Mr. Gentry said he felt a policy in the Handbook was being addressed and, therefore, specific names did not need to be used.
Mr. Gentry said the resolution should also say, “if an employees residence is located within 10 miles outside of the Louisa County border” instead of “if an employees residence is located 10 miles outside of the Louisa County border.” Mr. Gentry said he assumed it would be up to 10 miles.
Mr. Barlow said he felt the current policy was a good policy. Mr. Barlow said he felt County vehicles should be used within the County and that would be it.
Mr. Havasy motioned to approve the amended resolution. Mr. Havasy said it was indicated that the exception could be granted by the County Administrator and he would also like language included in the resolution that would require that the information be passed along to the Board when an exception to the policy was granted, not necessarily for approval, but at least for notification. Mr. Spencer seconded the motion.
Mr. Barnes said he agreed that the language should be changed to be within 10 miles as Mr. Gentry had already mentioned.
Mr. Harper said several questions had been raised and he would rather have all the answers and handle it all together instead of “piece-mealing.” Mr. Harper said this change was “person specific” even though it could be doctored to seem like it would be across the board. Mr. Harper said there were questions the Board did not have an answer to as far as other policies. Mr. Harper said he would prefer to address everything at the same time.
Mr. Barnes asked if this would affect anything if the Board held off on making a decision right now. Mr. Mullen said no. Mr. Barnes said there were probably some neighboring counties that had policies dealing with vehicle usage and he would like some research to be done on that.
Mr. Havasy said he would like all the requested changes to be made to the resolution: make the resolution generic and not include the name of the employee, include the “within 10 miles” language and include language to require notification to the Board. Mr. Havasy said the revised resolution could then be brought back to the Board for final approval. Mr. Havasy withdrew his motion.
Mr. Spencer said he would also like the language included in the resolution that the employee could not stop anywhere between work and home. Mr. Spencer withdrew his second.
Mr. Gentry asked Mr. Mullen to make the mentioned changes and bring the final resolution back for consideration at the next Board meeting.
Mr. Byers asked if Mr. Mullen could look into the possibility of making this policy County-wide.
NEW BUSINESS
Resolution - Setting the Date and Time of the Louisa County Board of Supervisors Monthly Meetings for 2010
Mr. Gentry said this was actually a change to the Bylaws, but the meeting times needed to be discussed. Mr. Gentry said one of the things that had been discussed over the years was the time for the Citizens Information Period. Mr. Gentry said it was held at 6:30 p.m. this past year and he didnt see much change in participation from 5:00 p.m. to 6:30 p.m.
Mr. Spencer said that he had also not seen a difference in participation during Citizens Information Period due to the time change. Mr. Spencer said he did know that there were several Board members who still worked and he would, therefore, like to change the meeting time back to 6:00 p.m.
Mr. Byers said that 6:00 p.m. would be a more accommodating meeting time for the Board and added that he supported the change.
Mr. Gentry asked if the meeting started at 6:00 p.m., was the Citizens Information Period still going to start at 6:30 p.m.
Mr. Barlow said 6:00 p.m. suited him as the meeting time and said that Citizens Information Period could be adjusted proportionately so there was the same amount of time between the start of the meeting and the start of Citizens Information Period.
Mr. Gentry said if the Board started the meeting at 6:00 p.m., it would be time for Citizens Information Period by the time the Board completed the regular routine.
Mr. Gentry said the only other concern he had was that the resolution stated that the Board “shall” have two meetings a month on the first and third Mondays. Mr. Gentry said the Board had always left their options open for the months of July and August and had not always had two meetings in those months in the past. Mr. Gentry said the wording needed to be changed so the Board could still have that option.
Mr. Barnes motioned to change the meeting start time to 6:00 p.m. and the Citizens Information Period could be adjusted accordingly. Mr. Barnes said the meetings would still be on the first and third Mondays of each month, unless that day was a holiday.
Mr. Gentry asked about the months of July and August. Mr. Barnes said the Board had traditionally met once a month in those two months.
Mr. Havasy seconded the motion.
On the motion of Mr. Barnes, seconded by Mr. Havasy, which carried by a vote of 7-0, the Board voted to move the meeting start time to 6:00 p.m., adjust Citizens Information Period accordingly and leave the meeting option open for the months of July and August.
Discussion - Amending the Louisa County Board of Supervisors Bylaws
Mr. Gentry asked if there were other changes that needed to be discussed to the Bylaws.
There were no concerns or comments. The Board took no action.
Resolution - Requesting Approval to Hire a Maintenance Technician II in the General Services Department
Mr. Spencer asked if this was filling a vacancy. Mr. Mullen said yes.
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 Maintenance Mechanic II in the General Services Department.
Resolution - To Change the Official Title of the Family and Youth Services Coordinator to the Family Services Administrator
Mr. Mullen said Louisa County was one of the first to approach CSA in this way. Mr. Mullen said this position was based on a recommendation from the CSA study performed by Mr. Jack Gallagher. Mr. Mullen said this was also backed by a study done by the Virginia Department of Social Services, which recommended that the County have an employee to act in a comprehensive leadership role to help control CSA costs and monitor the programs. Mr. Mullen said the person selected for the job was Mr. Ed Kube.
Mr. Mullen said the current job title, Family and Youth Services Coordinator (FYSC), was a title that he created. Mr. Mullen said as time had passed, it was determined that people were getting the FYSC position confused with the CSA Coordinator. Mr. Mullen said it was suggested by Mr. Kube and the Virginia Department of Social Services that the title of the position be changed to the Family Services Administrator.
Mr. Mullen said the change was budget neutral and would clarify the role and prevent further misunderstanding.
Mr. Byers asked if this changed the scope of the position in any way. Mr. Mullen said no. Mr. Byers asked if this title change would help Mr. Kube advance any quicker. Mr. Mullen said no.
On the motion of Mr. Barnes, seconded by Mr. Havasy, which carried by a vote of 7-0, the Board adopted a resolution to change the official title of the Family and Youth Services Coordinator to the Family Services Administrator.
BOARD APPOINTMENTS
Mr. Barlow said he had an interested candidate to fill the alternate vacancy on the Board of Building Appeals. Mr. Barlow said his name was Michael Brookings. Mr. Barlow said Mr. Mark Monson was resigning from the Clean Community Commission and Ms. Dawn Lipscomb had agreed to replace him. Mr. Barlow said he would like to appoint her. Mr. Barlow said he would like to re-appoint Ms. Shelly Blevins-Stanley to the Library Advisory Board. Mr. Barlow said he would like to re-appoint Ms. Diane Montgomery to the Parks and Recreation Advisory Committee. Mr. Barlow said he would like to appoint Mr. Gordon Brooks to the Planning Commission.
Mr. Spencer said he had requested some information regarding the IDA and making their terms concurrent with the Board member. Mr. Spencer said he had a situation with Mr. Jeff Garnett because the IDA records show that his term had expired already. Mr. Spencer said he would like to appoint Mr. Garnett in an interim basis until the issue was resolved.
Mr. Barlow said he would like to appoint Mr. Donnie Thomas to the Transportation Safety Commission in place of Mr. Lloyd Hicks, who no longer wished to serve.
Mr. Harper said he would like to re-appoint Ms. Lynda Martin to the Affordable Housing Committee. Mr. Harper said he would like to re-appoint Ms. Marilyn Gutekenst to the Clean Community Commission. Mr. Harper said he would like to re-appoint Mr. Brooks Besley to the Planning Commission. Mr. Harper said he would like to re-appoint Ms. Rebecca Disosway to the Social Services Advisory Board.
Mr. Byers said there was a letter in the Board packet from the Louisa County Water Authority regarding the replacement for Mr. Frank Drumheller. Mr. Byers said he was not sure if the Board wanted to act on that or not. Mr. Byers said he was the liaison with the Louisa County Water Authority and he had no objection regarding Mr. Allan Marshall because Mr. Marshall had experience in the operation of water systems. Mr. Byers said he encouraged the Water Authority and he would encourage the Board to look at spreading the appointments throughout the County. Mr. Byers said their needed to be representation from across the County.
Mr. Gentry said Mr. Spencers term expired on JAUNT and he requested to re-appoint him.
Mr. Gentry asked if the Board of Building Appeals was something the Board decided or something the Board recommended. Ms. Reidelbach said it was a recommendation.
On the motion of Mr. Barnes, seconded by Mr. Havasy, which carried by a vote of 7-0, the Board recommended appointing Mr. Michael Brookings to the Board of Building Appeals.
On the motion of Mr. Barnes, seconded by Mr. Barlow, which carried by a vote of 7-0, the Board appointed Ms. Dawn Lipscomb to the Clean Community Commission, re-appointed Ms. Shelly Blevins-Stanley to the Library Advisory Board, re-appointed Ms. Diane Montgomery to the Parks and Recreation Advisory Committee, appointed Mr. Gordon Brooks to the Planning Commission, re-appointed Mr. Jeff Garnett to the IDA on an interim basis, appointed Mr. Donnie Thomas to the Transportation Safety Commission, re-appointed Ms. Lynda Martin to the Affordable Housing Committee, re-appointed Ms. Marilyn Gutekenst to the Clean Community Commission, re-appointed Mr. Brooks Besley to the Planning Commission, re-appointed Ms. Rebecca Disosway to the Social Services Advisory Board, appointed Mr. Allan Marshall to the Louisa County Water Authority and re-appointed Mr. Spencer to the JAUNT Board.
COUNTY ADMINISTRATORS REPORT
Mr. Mullen said Administration had begun automatically sending some of the appointments and reminders to the Board for the Blackberries. Mr. Mullen said the reminders would still be included in his report, but they would also come electronically.
Mr. Mullen said he provided the Board with some correspondence regarding the Cutalong CDA and Mr. Yanceys proposal for a Group Home. Mr. Mullen added that Social Services as a group was attempting to move away from the congregate care setting and were dis-incentivizing financially for people who run those. Mr. Mullen said Mr. Kube would be following up with Mr. Yancey.
CONSENT AGENDA ITEMS
Resolution - Authorizing a Supplemental Appropriation for Vehicle Repairs to the General Fund - Transportation Department
On the motion of Mr. Barnes, seconded by Mr. Spencer, which carried by a vote of 7-0, the Board adopted a resolution authorizing a supplemental appropriation for vehicle repairs to the General Fund - Transportation Department.
CORRESPONDENCE
Mr. Havasy said he was pleased to see that Albemarle County was soliciting help from Louisa County in regard to the Revenue Recovery Program.
Mr. Barnes asked if the County had received any correspondence back from Senator Houck or Delegate Janis regarding the cigarette or meals tax. Mr. Mullen said no, but he would follow up with Senator Houck.
Mr. Havasy asked if the County had heard back from any of the representatives regarding the soil and water regulations/Chesapeake Bay Act. Mr. Gentry asked Mr. Mullen to follow-up on that as well.
APPROVAL OF BILLS
On the motion of Mr. Barnes, seconded by Mr. Spencer, which carried by a vote of 7-0, the Board adopted a resolution approving the bills for the second half of December 2009 for the County of Louisa in the amount of $518,421.54.
APPROVAL OF MINUTES
On the motion of Mr. Barnes, seconded by Mr. Havasy, which carried by a vote of 6-0-1, with Mr. Barlow abstaining, the Board adopted the minutes of the December 21, 2009 meeting.
CLOSED SESSION
On the motion of Mr. Byers, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board voted to enter Closed Session at 6:09 p.m. for the purpose of discussing the following:
- 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. Spencer, seconded by Mr. Barlow, which carried by a vote of 7-0, the Board voted to return to Regular Session at 6:31 p.m.
RESOLUTION - CERTIFICATION OF CLOSED SESSION
On the motion of Mr. Harper, seconded by Mr. Barlow, which carried by a vote of 7-0, the Board voted to adopt the following resolution:
| PRESENT | VOTE |
| Philip T. Spencer, Jr. | Yes |
| Tommy J. Barlow | Yes |
| Fitzgerald A. Barnes | Yes |
| Daniel 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 4th day of January 2010, 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 4th day of January 2010, 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.
CITIZENS INFORMATION PERIOD - 6:30 P.M.
Mr. Dale Garner, Cuckoo District, said he owned his property for 15 years and he was having a tremendous hunting problem on his property. Mr. Garner said it was a dog hunting problem and it wasnt just a problem with the hunters retrieving their dogs. Mr. Garner said he had the Game Warden at his house on Christmas Eve for three hours. Mr. Garner said the Game Warden happened to be there because of several complaints and guns started going off and illegal deer were brought out of the woods. Mr. Garner said Mr. Anderson told him he did not know that the problem had become so bad in the area and he knew the people who were breaking the law.
Mr. Garner said it was not always the same people on his land. Mr. Garner said there was constantly different hunting clubs. Mr. Garner said the illegal hunting and land abuse was constant. Mr. Garner said landowners were afraid to say anything because they knew the local people who were breaking the law. Mr. Garner said he was trying to get something together for the Game Commission to start writing more tickets.
Mr. Garner said only 10% of the population hunted. Mr. Garner said if the non-hunters combined together, they could make it difficult for the hunters to hunt. Mr. Garner said when he confronted people in his woods, the hunters would tell him that their dad and granddad hunted on the property and they were going to continue to hunt there. Mr. Garner said he was the one who had to write a check for the taxes every year, though. Mr. Garner said his wife would not even let him buy another 18 acres because she said other people would just hunt on that and abuse that land, too.
Mr. Gentry said it seemed like this was an enforcement issue and asked why the Game Commission was not taking care of the problem. Mr. Garner asked how many deputies there were in Louisa County compared to the one Game Warden. Mr. Garner said there were a lot of deputies and only one Game Warden.
Mr. Spencer told Mr. Garner that if he provided the Sheriffs Office with the names of the people trespassing on his property, the Sheriffs Office would have to serve “No Trespassing” notices to the people. Mr. Spencer said that would make it a Class 1 Misdemeanor. Mr. Garner said that was easy to say, but most of the people who hunted on his property were different each time. Mr. Garner said those hunters would not give their names to him and cuss him out. Mr. Garner said he cant even take his grandson on his own property to hunt.
Mr. Spencer asked Mr. Garner if he had “No Trespassing” signs posted. Mr. Garner said yes. Mr. Garner said he put the signs twelve feet in the air and the hunters still tore them down. Mr. Garner said he had his 70-year-old mother out in the woods carrying the signs around while he posted them up. Mr. Garner said he cut his property because it was so thick and loaded with deer, but it wasnt anymore.
Mr. Garner said the Game Warden did his job. Mr. Garner said the hunters were served and he commended him for it. Mr. Garner said he was trying to put something together to present to the Game Warden.
Mr. Gentry asked Mr. Garner what he was seeking from the Board. Mr. Garner said he would like the Board to ask the Sheriffs Department for help answering calls. Mr. Garner said if the only Game Warden was in Green Springs, there was nothing he could do in Cuckoo. Mr. Garner said Dispatch could contact the Game Warden, but it could be over an hour before he could respond to a call.
Mr. Garner said he would like to see the deputies and the Game Warden work together to help with some of the problems.
Mr. Gentry asked Mr. Mullen to contact the Sheriffs Office and then follow-up with Mr. Garner on his concerns.
Mr. Garner said he had a grandson who had epilepsy and he had an attack on Christmas Eve. Mr. Garner said the Rescue Squad from Mineral did an excellent job reviving him and getting his grandson to UVA Hospital. Mr. Garner said the EMS personnel went beyond the call of duty.
Mr. Gentry asked Mr. Mullen to pass that along to Chief Dubé.
ADJOURNMENT
On the motion of Mr. Barnes, seconded by Mr. Byers, which carried by a vote of 7-0, the Board voted to adjourn the January 4, 2010 meeting at 6:41 p.m.
BY ORDER OF
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WILLIE L. GENTRY, CHAIRMAN
LOUISA COUNTY BOARD OF SUPERVISORS
LOUISA COUNTY, LOUISA, VIRGINIA
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