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January 3, 2006
5:00 P.M.



Board Present: Fitzgerald A. Barnes, Willie L. Gentry, Jr., Willie L. Harper, Allen B. Jennings, David B. Morgan, Eric F. Purcell, and Jack T. Wright
Others Present: C. Lee Lintecum, County Administrator; Ernie McLeod, Deputy County Administrator; Patrick Morgan, County Attorney; and Mary Jackson, Deputy Clerk

ORGANIZATIONAL MEETING

CALL TO ORDER

Mr. Lee Lintecum, County Administrator, called the January 3, 2006 annual organizational meeting of the Louisa County Board of Supervisors to order at 5:00 p.m.  Mr. Lintecum, on behalf of County Administration, extended best wishes to the Board and to all that are in attendance for the New Year. Mr. Lintecums first item of business was to elect the Chairman for the Louisa County Board of Supervisors for 2006.  
Mr. Lintecum opened the meeting by asking for nominations.

ELECTION OF CHAIRMAN

Mr. Purcell said that he would like to nominate Fitzgerald Barnes for Chairman.

With no other nominations, Mr. Lintecum requested a motion to close the nominations for Chairman.

        On motion of Mr. Gentry, seconded by Mr. Jennings, which carried by a vote of 7-0, the Board agreed to close the nominations.

        By nomination of Mr. Purcell, which carried by a vote of 7-0, a resolution was adopted appointing Fitzgerald A. Barnes as Chairman of the Louisa County Board of Supervisors for a one-year term beginning on January 3, 2006 through December 31, 2006.

ELECTION OF VICE-CHAIRMAN

Chairman Barnes opened the floor for nominations for the Vice-Chairman of the Louisa County Board of Supervisors for 2006.  

Mr. Jennings said that he would like to nominate Willie Gentry for Vice-Chairman.

On the motion of Mr. Jennings, seconded by Mr. Purcell, which carried by a vote of 7-0, a resolution was adopted appointing Willie L. Gentry, Jr. as Vice-Chairman of the Louisa County Board of Supervisors for a one-year term beginning on January 3, 2006 through December 31, 2006.

ESTABLISHMENT OF MEETING DATES AND TIMES

Mr. Wright stated that he would like to make the motion to keep the meeting dates and times that have already been established by the Boards bylaws, which are the first (1st) and third (3rd) Monday of each month at 5:00 p.m. with the exception of it falling on a legal holiday, then the meeting would be the next day at the same time with public hearings beginning at 7:00 p.m.

On the motion of Mr. Wright, seconded by Mr. Jennings, which carried by a vote of 7-0, a resolution was adopted setting forth the date and time of the Louisa County Board of Supervisors monthly meetings to be held on the first and third Monday of each month at 5:00 p.m. with public hearings beginning at 7:00 p.m., with the exception of a meeting falling on a legal holiday, which the meeting would then be held the next day at the same time.

AMENDMENT AND APPROVAL OF THE BOARDS BYLAWS

Chairman Barnes explained that due to the recent storm, he has suggested that they amend the Bylaws to allow them to postpone a meeting due to inclement weather for safety reasons.

Following a brief discussion, it was the consensus of the Board to review their Bylaws and discuss any proposed changes at their January 17, 2006 meeting.  

CALL TO ORDER

Chairman Barnes called the January 3, 2006 regular Louisa County Board of Supervisors meeting to order at 5:07 p.m. Chairman Barnes led the invocation, followed by the Pledge of Allegiance to the flag.

CONSTITUTIONAL OFFICERS

Nancy Pleasants, Commissioner of Revenue, congratulated Chairman Barnes and Vice-Chairman Gentry on their appointments. Mrs. Pleasants informed the Board that the County Assessor wanted to make a statement to them.

Richard Gasper, County Assessor, informed the Board that the 2006 assessment notices were mailed today.

Mr. Gentry questioned what percentage the increase was.

Mr. Gasper replied that County wide; they had an average increase of 33%.

Mr. Lintecum informed the Board that the Sheriff Fortune has left a copy of his annual report that reflects the activities that took place in his Department for 2005 for their review.

CITIZENS INFORMATION PERIOD

There were no citizens that wished to address the Board.

ADOPTION OF THE AGENDA

Mr. Jennings said that he would like to add a resolution to request a traffic/speed study on Route 601 (Paynes Mill Road) as a topic to the agenda.

Mr. Lintecum informed the Board that item two (2) on the agenda for the Library Update needed to be removed and scheduled for their next meeting.

Mr. Lintecum said that he would like to add personnel under the County Administrator to their closed session as a topic for discussion.  

        On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, the January 3, 2006 agenda was adopted as amended.

Employee Introduction

Darren Coffey, Community Development Director, introduced Kris Nelson as their new Code Enforcement Officer and Scott Stevens as their new Building Inspector/Code Enforcement Officer.

PRESENTATION

Relay for Life Linda Zemke, Chair

Linda Zemke, Relay for Life Chair, stated that the Relay for Life is the key fundraising even for the American Cancer Society. Ms. Zemke explained to the Board that she has had breast cancer twice in the past twenty years and has lost several family members due to cancer. Ms. Zemke said that she believes that by working together through things such as the Relay, it will help to find a cure for cancer. Ms. Zemke said that the Relay for Life provides a venue for a three-pronged attempt on this disease by educating people on how to prevent it, how to cope with the disease when it happens, and helps them focus on finding a cure. Ms. Zemke said that Louisa County raised over $69,000 for the 2005 Relay for Life. Ms. Zemke recognized Chairman Barnes, Willie Gentry, and Eric Purcell for their participation with the 2005 Relay for Life. Ms. Zemke extended her appreciation to all of the residents of Louisa County that participated in the 2005 Relay for Life and for those who made donations. In closing, Ms. Zemke said that due to the amount of funds that were raised in Louisa County that was recognized by the American Cancer Society, she presented a plaque to the Board from the American Cancer Society.

Chairman Barnes extended his appreciation to Ms. Zemke for her presentation. Chairman Barnes stated that he cannot say enough for what the Relay for Life means and what is does, since he is not aware of anyone that hasnt been affected in their life by cancer. Mr. Purcell extended his appreciation to those who were involved with organizing the event. Mr. Wright said that he would like to recognize Lin Kogle who has been the Executive Director of the Volunteers of Louisa for several years due to all of her effort that she put into this and many other projects. Mr. Gentry said that the 2005 Relay for Life was a lot of fun and hard work, but he wanted to point out that the amount of money that was acquired in Louisa County was from individuals making donations and not from corporate sponsors.      

Update from the Virginia Department of Transportation

Milton Thacker, Resident Administrator, summarized VDOTs current maintenance activities to the Board saying that both Walnut Woods Drive and the remainder of Rock Spring Road have been taken into the secondary road system and are making minor repairs to them to carry them through the winter months until spring when they would schedule the constructions activities, placing stone on entrance near Ferncliff, and provided additional patrol of I-64 during the holiday period. Mr. Thacker identified VDOTs general activities saying that he personally reviewed Route 618 (Fredericks Hall Road) near Route 609 (Buckner Road) in advance prior to submitting the traffic study for extensions and/or additional speed limits in that area, added an additional inspection staff member by the name of Jim Goodale to their Land Use and Permit Section, attended a tabletop emergency exercise at the North Anna Power Station, and met with the developer and engineer for the proposed 800 acre industrial park that will be located just east of Louisa on Route 22 to discuss the scope of the traffic study for the development. Mr. Thacker identified VDOTs current construction activities saying that he has provided a report that reflects the cost difference between a Rural Rustic versus one with conventional construction, which showed a 67% savings for Louisa County and resulted in a 33% savings on the total project cost.

Mr. Purcell extended his appreciation to Mr. Thacker for them taking the time to remove the snow and ice on Walnut Woods even though the construction has not been completed.

Resolution - Requesting a Traffic Speed/Safety Study on State Route 601 (Paynes Mill Road) from Route 522 (Cross County Road) to Route 33 (Jefferson Highway)

Mr. Jennings explained that it has been brought to his attention that there is a need for a reduction in speed on Route 601 from Route 658 (Jackson Road) until it reaches Route 33. Mr. Jennings said that the current speed limit is 55 MPH, which creates a dangerous situation for the traffic attempting to leave the church and for the rescue squad that is responding to calls; therefore, he would like to make the motion to request VDOT to perform a traffic speed/safety study to reduce the speed. Mr. Gentry seconded the motion.  

The Board briefly discussed this topic with Mr. Wright saying that he would like to add the rest of Route 601 (Paynes Mill Road) to Route 522 to the study. Mr. Jennings and Mr. Gentry agreed to amend their motion and second to include the remainder of Route 601.  

        On motion of Mr. Jennings, seconded by Mr. Gentry, which carried by a vote of 7-0, a resolution was adopted requesting VDOT to perform a traffic speed/safety study on Route 601 between Route 522 and Route 33.

OLD BUSINESS

Update on Monitoring at Landfill

Ernie McLeod, Deputy County Administrator, reminded the Board that they had asked him to monitor the activities at the Landfill on how many individuals request to pay cash. Mr. McLeod said that he has tracked this information for the past thirteen months, which they had 478 requests for cash and 29 requests for a debit/credit card out of more than 16,744 visits. Mr. McLeod said that this equates to about 3%. Mr. McLeod stated that he would prefer not to accept cash payments at the Landfill, but does allow individuals who want to pay in cash to do so at the County Office Building. Mr. McLeod pointed out that the other chart he included reflects data such as expired stickers, no County stickers, whether a vehicle was borrowed, etc., which resulted in 302 out of 7,700 visits and is equivalent to 3.9% of the business.  

The Board discussed this topic in great detail with Mr. Wright asking what the alternatives were to accepting cash for those individuals that do not have an account with the County. Mr. Wright asked if they have experienced any problems with collections on those accounts that have been billed.

Mr. McLeod replied that most individuals do not pay their fees at the Landfill, but they do allow them to pay by check if they want to; otherwise, they invoice customers. Mr. McLeod identified problems and logistical concerns of accepting cash at the Landfill. Mr. McLeod said that the non-collection rate is about 2.4%.

Upon further discussion by the Board, it was determined to leave the Landfill Policy the same as it is.  

NEW BUSINESS

Resolution - The Appropriation of Cutalong Donations

Mr. McLeod explained to the Board that as a result of the Cutalong project, there were three donations submitted. Mr. McLeod said that one of the checks went to the Louisa County High School for the Athletics Department. He said that he received another check for $25,000 for Parks and Recreation to be used towards the Aquatic Facility and one for $35,000 for Emergency Services to be used towards two EKG Machines for the transporter vehicles. Mr. McLeod said that he is looking for approval from the Board to appropriate these funds and to expend these funds.

The Board discussed this topic in great detail with Mr. Wright asking what they would receive back to reflect what the funds were used for. Mr. Wright said that the funds for the swimming pool is justified, but he would like to have a follow up report on what the funds were specifically used for. Mr. Purcell asked Mr. McLeod to clarify if the Board was approving to accept and appropriate the funds in one motion. Mr. Jennings suggested that they modify the third paragraph on the resolution to reflect approved for rather than approved to.

In response to Mr. Wrights concern, Mr. McLeod said that they could put the funds through and then follow up with the Board since Mike Schlemmer, Emergency Services Coordinator, is estimating the cost of these machines to be around $17,000 to $20,000 each. Mr. McLeod said that if the cost exceeds the $35,000, Mr. Schlemmer would have to supplement the difference from his budget. Mr. McLeod said that depending on the dollar amount of this equipment, they would more than likely have to go out to bid. Mr. McLeod said that their approval would bring the funds in house and allow them to spend it with the one resolution. Mr. McLeod confirmed that he would modify the resolution and follow up with the Board on the cost of the equipment.

On motion of Mr. Wright, seconded by Mr. Jennings, which carried by a vote of 7-0, a resolution was adopted approving a supplemental appropriation of Cutalong donations that includes $25,000 for the Louisa County Aquatic Facility and $35,000 for the Emergency Services Department to purchase two EKG Machines.

COMMITTEE REPORTS

Mr. Gentry informed the Board that in their packet they have the school construction report from the New Elementary School Committee. Mr. Gentry said that the school committee had asked for the Board to take action approving this approach this evening so they can keep on schedule with their opening date. Mr. Harper pointed out that the Superintendent had attended their last committee meeting and acknowledged all of the items identified in the proposal.  

The Board discussed this topic in great detail with Chairman Barnes explaining that the proposed cost is $16,000,000; of which, the County would borrow $14,000,000. Chairman Barnes said that the committee has recommended a two story elementary facility, of which, the County would own the plans for the school. Mr. Gentry said that he would specify that this amount covers the entire process and not just that of the construction. Mr. Purcell extended his appreciation to Mr. Gentry and Mr. Harper for all of their hard work on this committee since they were working with such a complex issue.

        On motion of Mr. Gentry, seconded by Mr. Harper, which carried by a vote of 7-0, the Board agreed to commit to the $16,000,000 for the school construction, site improvements, A&E Fees, Value Engineering, construction management, and furniture and fixtures for the new elementary school, which are contingent upon the school being a two story construction with a gym and all state required facilities, student capacity of 700 students, a detailed report from the Construction Manager reflecting all savings, reviewed and approved plans from the Community Development Department, retaining ownership of the plans and the rights of their use, limited construction of the outdoor athletic facilities, and detailed justification and approval by the Board of Supervisors for any costs exceeding $16,000,000.  

Chairman Barnes asked Mr. Lintecum to send a copy of his correspondence to both Mr. Gentry and Mr. Harper for them to review prior to sending it to the Superintendent. Chairman Barnes asked Mr. Lintecum to include verbiage in this letter to address having projections put together for future school sites. Mr. Wright said that he would like to know if it is a state requirement to have a third more space in a high school than what is required for a middle school, since the projected costs listed for future school construction reflects an increase of $10,000,000, even though they list the same student capacity. Mr. Gentry said that he would like to have a breakdown of the proposed renovations to the Thomas Jefferson Elementary School to justify the $8,800,000 expense.  

BOARD APPOINTMENTS

Mr. Harper said that he would like to reappoint Barbara Perkins to the Parks and Recreation Advisory Committee.

Mr. Purcell said that he would like to appoint Jeff Garnett to the Industrial Development Authority.

        On motion of Mr. Purcell, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board reappointed Barbara Perkins to the Parks and Recreation Advisory Committee and appointed Jeff Garnett to the Industrial Development Authority.

COUNTY ADMINISTRATOR REPORT

        Mr. Lintecum presented his report highlighting the following items:

Mr. Lintecum informed the Board that he has provided them a copy of the letter that was received from
Jack Davis, North Anna Site Vice-President, regarding to the spent fuel storage. Mr. Lintecum reminded the Board that they had requested North Anna to put a berm surrounding this area. Mr. Lintecum said that the letter states that they believe that it would adversely affect their security.

The Board briefly discussed this topic with Mr. Wright asking if having a lesser berm would alleviate some of the concerns that the Board has and still address their concerns. Mr. Gentry said that the Board and the Planning Commission had said that they wanted to have the berm 360º. Mr. Gentry said that Dominion is unable to elaborate further on their reasoning due to security reasons.

Mr. Lintecum said that he would send a follow up letter to Dominion requesting further clarification for the Board.

Chairman Barnes pointed out that in the recent VACo Newsletter, Louisa County was listed as a locality without any economic distress, which was good news to be off of that list.      

CONSENT AGENDA

On motion of Mr. Gentry, seconded by Mr. Wright, which carried by a vote of 7-0, a resolution was adopted approving the supplemental appropriation to the Sheriffs Department K-9 Unit in the amount of $1,500.

CORRESPONDENCE

The Board did not discuss any correspondence during this meeting.

LEGAL CORRESPONDENCE

Mr. Harper pointed out that Pat Morgan, County Attorney, has enclosed a message he received about the Virginia Bar opposing a second court being created. Mr. Harper said that he believes that another court is even being considered beyond this. He said that he would like to help endorse supporting their position because he doesnt feel that we need more courts.

Mr. Morgan said that it is the position of the local government attorneys that sent him the email that said they were not in favor of the additional court. Mr. Morgan said that it seems that the plaintiffs proposed this and got it through the Virginia Bar Association. Mr. Morgan said that he wanted to make the Board aware of this and he will look into sending a response.

The Board briefly discussed this topic with Mr. Gentry asking if they should send a response to their legislatures reflecting their position.

Mr. Morgan explained to the Board that the Countys current collection process is not that difficult that it would require a separate court to handle the process. Mr. Morgan said that his recommendation would be to oppose it.

Chairman Barnes asked Mr. Lintecum to send a letter to Senator Houck and Delegate Janis reflecting their position of opposition. Mr. Wright suggested that he copy David Blount on the letter as well. Mr. Gentry suggested that Mr. Lintecum speak with Gloria Layne, Louisa County Treasurer and Nancy Pleasants, Commissioner of Revenue, to update them on what is going on and what the Boards position is.    

APPROVAL OF BILLS

On motion of Mr. Wright, seconded by Mr. Purcell, which carried by a vote of 7-0, with Mr. Jennings abstaining from a check pertaining to his daughter listed under Parks and Recreation, a resolution was adopted approving the bills for the second half of December 2005, for the County of Louisa in the amount of $413,474.36.

APPROVAL OF MINUTES

        On motion of Mr. Gentry, seconded by Mr. Purcell, which carried by a vote of 7-0, the Board adopted the minutes of December 19, 2005 as presented.

CLOSED SESSION

        On motion of Mr. Gentry, seconded by Mr. Wright, which carried by a vote of 7-0, the Board voted to enter Closed Session at 5:57 p.m. for the purpose of discussing the following:

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

REGULAR SESSION

        On motion of Mr. Purcell, seconded by Mr. Wright, which carried by a vote of 7-0, the Board voted to return to Regular Session at 6:58 p.m.

RESOLUTION  CERTIFICATION OF CLOSED SESSION

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

WHEREAS, the Louisa County Board of Supervisors has convened a Closed Meeting this the 3rd day of January 2006, pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and

WHEREAS, § 2.2-3712 of the Code of Virginia requires a certification by the Louisa County Board of Supervisors that such closed meeting was conducted in conformity with the Virginia Law.

NOW, THEREFORE BE IT RESOLVED on this the 3rd day of January 2006, that the Louisa County Board of Supervisors does hereby certify that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting was heard, discussed or considered by the Louisa County Board of Supervisors.

PUBLIC HEARINGS

REZ07-05, X-Roads, LLC.

Mr. Coffey summarized the request to be for the rezoning of approximately 14.45 acres from a non-designated parcel to Industrial (IND) for the purpose of creating an industrial business park. Mr. Coffey said that the property is located at the intersection of Route 689 (Edgecomb Road) and Route 615 (Zion Road) and is in the Green Springs Magisterial and Voting Districts. Mr. Coffey said that the subject property is designated in the 2001 Comprehensive Plan as Mixed Use within the Zion Crossroads Designated Growth Area. He said that two individuals attended the neighborhood meeting that was held on September 14, 2005 and raised the following issues:

·        The type of business/industry planned for the site.
·        Access onto Route 615 and adequate site distance.
·        Provision of utility connections (water and sewer) to the residential lots across Route 615 due to wells going dry in the past.
·        Preservation of the existing structure (old tavern) located on the property, which might be classified as a historic structure.

Mr. Coffey said that the Development Review Committee met to review this request and it was the consensus that there were issues that needed to be addressed further that included buffers, utilities, proposed uses, and transportation improvements. Mr. Coffey said that the committee agreed that by taking action on the application and listing specific reasons behind the action the committee would help get answers to those concerns prior to the Planning Commission meeting. Mr. Coffey said that there was a motion and a second to deny the application based on inadequate information, which passed by a 7-0 vote. Mr. Coffey said that on October 13, 2005, the Planning Commission held their public hearing at which there was no one present to speak for or against the application; however, they felt that there were still unanswered questions. Mr. Coffey said that the Planning Commission deferred action until their November meeting to provide the applicant more time to address all of the issues such as the historic structure on the site and entrance requirements from VDOT. Mr. Coffey said that at the November 10, 2005 meeting, the Planning Commission voted 7-0 to forward a recommendation of approval to the Board. Mr. Coffey stated that based on the comments received to date, it appears that most of the concerns outlined in the analysis have been addressed in the proffers. Mr. Coffey said that the land use in this area is currently a mixture of residential, commercial, and industrial that is located both in Louisa and Fluvanna Countys. Mr. Coffey said that the primary issue remaining for consideration is whether the applicant has adequately mitigated the adverse impacts of the project; particularly regarding traffic, buffers, allowable uses, and historic preservation. Mr. Coffey said that he has handed out a list of proffers that he received prior to this public hearing from the applicant that reflects and further identifies the following five proffers: entrance dedication, buffers and setbacks, covenants, allowed uses, and a study period for the structure to confirm if it is in fact historical, which includes a $20,000 contribution from the applicant in the event that someone wants to relocate the structure.

The Board briefly discussed this topic with Mr. Gentry asking if they knew how many feet off of Route 689 or 615 the structure was located. Mr. Wright said that he is happy to see the modification made to the first proffer for the entrance since the first submittal did not restrict Route 689 to less than three axles and the change in the time frame for someone to review the historical significance of the structure. Mr. Wright questioned why proffer number 4, y. restricts retail stores to be less than 4,000 sq. ft. since this is not a very big store.  

Mr. Coffey replied that he believes that the applicants engineer has measured this, but he doesnt know if they know the figures off the top of their head. Mr. Coffey said that he estimates that the house is probably between 150 to 200 off of the road. Mr. Coffey said that the applicant established the restrictions on the dimensions of a retail store.

Carolyn Satira, Applicant and Manager of X Roads, LLC, explained to the Board that the X Roads LLC is the contract purchaser of adjoining property that is owned by her parents. Mrs. Satira provided a history of the property saying that her parents own the adjacent property, which is partially in Fluvanna County and Louisa County. Mrs. Satira said that they are proposing a road that would cut across the Louisa and Fluvanna border to create two distinct parcels with one being in Fluvanna County and the other in Louisa County so they can be separately taxed. Mrs. Satira pointed out that this property has been getting taxed in Fluvanna County. Mrs. Satira extended her appreciation to Dr. Morgan and Mr. Coffey for all of their help. Mrs. Satira stated that they have been trying to respond to all of the concerns that have been raised to them. Mrs. Satira identified the proposed proffers and the reasons as to why they were proffered.

Upon further discussion by the Board, Mr. Gentry asked the applicant how far the structure was located off of the road.

Kelly Strickland, Applicants Engineer, said that the house is roughly 250 off of Route 689 and 100 off of Route 615. After researching further documentation, Mr. Coffey stated that the structure is located 130 from the centerline of the existing road Route 615 and 235 from Route 689.

Chairman Barnes opened the hearing to the public at 7:14 p.m.

Gerald Harlow, Green Springs District, informed the Board that the public hearing for the Planning Commission was not attended at all because no one knew exactly what was going on. Mr. Harlow said that when the decision was made by the Planning Commission, there was no public hearing allowed. Mr. Harlow stated that an entrance should not be allowed on Route 615 under any circumstances. Mr. Harlow spoke about the significance of historical sites and said that this structure should be protected. He suggested that this structure be preserved and allow it to be used as the Louisa County Tourism Center. Mr. Harlow stated that the Board has a responsibility to protect Louisa Countys historical treasures regarding of what some people might say. In closing, Mr. Harlow urged the Board to delay their decision until an agreement can be reached to save this historical tavern.

Edward Gaines, Jr., Green Springs District, informed the Board that he was here this evening wanting to know if this proposed industrial park would have open septic tanks and whether it would have private wells or public water.

Nancy Pugh, Green Springs District, informed the Board that she is opposed to this request for two reasons. Ms. Pugh said that Zion Crossroads already has five industrial parks, Louisa has two, and Fluvanna has three. Ms. Pugh pointed out that this location does not have any utilities in the immediate area. Ms. Pugh said that she is also opposed to this due to the historical significance of the structure. Ms. Pugh explained to the Board that the large shopping center in this same vicinity experienced a large discharge of human waste in April of 2002, where the owner was issued a consent order by DEQ for 8-12” of human sludge for 200 yards. Ms. Pugh said that he was responsible for cleaning the creek in this area where they hauled 12,500 gallons of sludge to a plant in Charlottesville, Virginia. In closing, Ms. Pugh pointed out that the infrastructure is not in this area to support an industrial park.

Barbara Spencer, Green Springs District, informed the Board that she has several concerns about the proposed request due to the increased traffic and the impact that it would have on their home values. Ms. Spencer stated that there are a lot of children that live on this road, which could create safety issues with the increased traffic and the trucks. Ms. Spencer said that she would like to have a copy of the proposed proffers that identifies that list of allowed uses. Ms. Spencer questioned whether anyone has performed a study showing what kind of impact it would have on the current residents that live in this area with their wells and septic.

Cindy Addington, Green Springs District, informed the Board that she shares the same concerns that others have voiced this evening due to the impact that it could have on their health and safety.

Ed Crebbs, Green Springs District, Trevilian Station Battlefield Foundation Representative, informed the Board that he was here this evening to speak about the old Hackney Stand, Halls Tavern property. Mr. Crebbs said that this stand is a historical property of extreme tourist and historical value. Mr. Crebbs said that Louisa County has embarked on a course of economic development, which is in large part, if not totally, centered on tourism. Mr. Crebbs said that the proffer that has been made to allow two years to study the historical significance of this structure, is laudable on the surface, they believe is just an attempt to stall the critiques of the rezoning. Mr. Crebbs said that the only option the proffer is offering is a study period, but nothing further. In closing, Mr. Crebbs said that the Board owes it to their professed plans of economic development to assure the protection of this historic tavern and home for future generations to visit, study, and enjoy.

Rae Ely, Historic Green Springs Representative, informed the Board that she was here this evening to address the history of the tavern. Ms. Ely said that the WPA, which is government records that were gathered during Roosevelts era, dates the tavern to around 1750. Ms. Ely said that in 1813, Mr. Hackney applied in Fluvanna County for the first tavern license; therefore they know that this was a tavern during this time. Ms. Ely explained that a tavern was a staging area, which is where travelers in stagecoaches would stop and water their horses and stay overnight if they desired. Ms. Ely stated that a study should be done on this structure along with an archeology study. Ms. Ely pointed out that the proffers only shift the burden of the responsibility of the preservation of this tavern to unknown third parties. Ms. Ely stated that they Board has something valuable and urged them not to pass it off to a third party. She asked for the Board not to say, Ms. Ely, why dont you go and raise the money because she already has money-raising projects that she is involved with right now, which they are aware of. Ms. Ely asked the Board to consider helping with funding to move this structure. In closing, Ms. Ely urged the Board to table their decision until these studies have been performed.            
Chairman Barnes closed the public hearing at 7:37 p.m. and brought it back to the Board for further discussion.

In response to the concerns that were raised, Mr. Strickland said that they have met with a representative from VDOT and looked at a fabulous amount of sight distance in both directions on Route 615 regarding the entrance. Mr. Strickland said that the proffers include a dedication of right-of-way to allow for turns lanes so traffic is able to turn without impeding the through traffic on Route 615. Mr. Strickland said that it makes sense to have a development with two entrances with any type of a development in a growth area where you are creating business as a mixed use. Mr. Strickland said that they have proffered to only allow vehicles with less than three axles to turn in and out of the entrance on Route 615. Mr. Strickland said that the current plan is to have well and septic systems with the possibility to extend the water and sewer from the Glass property up Route 615. Mr. Strickland stated that the allowed uses would require less water and sewer uses than what a typical residence would since most of these types of facilities just have a bathroom with a sink and a toilet. Mr. Strickland explained to the Board that leaving the structure on the site makes it difficult to develop the property due to its location. He pointed out that the applicant has provided a two year period to allow the research to be done on the historical significance of the structure and has offered to give $20,000 to relocate the structure.

Mrs. Satira commented to the Board that she has received an offer from someone wanting to move the structure for free with the stipulation that they are allowed to keep it, which she didnt feel would be the right thing to do without working with the County.

The Board further discussed this topic with Mr. Gentry saying that the area on Route 615 across from this parcel is residential and that they are proposing a 25 buffer. Mr. Gentry asked whether they could propose a 100 buffer that would allow the structure to remain on the parcel since it would be within the buffer itself. Mr. Gentry said that with the 33 that they are giving to VDOT, which would leave 100 to the structure that, could be buffered while leaving the structure in place. Mr. Gentry said that he believes they need more of a buffer on Route 615.    

Mrs. Satira replied that the structure is 130 off of Route 615 and even further off of Route 689, then by the time that you factor in the utility easements, it would take out the property from Route 689 through to the easement. Mr. Strickland said that the structure is 30 deep. Mrs. Satira said that a buffer already exists on Route 615 in the area that they proffered. Mr. Strickland said that by having a buffer that is 100, the developmental area in Louisa County would be cut in half. Mrs. Satira stated that they did proffer out the obnoxious uses any uses that would be regulated by capital laws. Mrs. Satira said that they were very concerned about allowing businesses in there with environmental issues.

Chairman Barnes asked Mr. Coffey to address the questions that were asked this evening. Mr. Coffey confirmed that the water and sewer for the proposed industrial development is well and septic; however, the applicant has expressed interest in the possibility of connecting to a public infrastructure in the future. Mr. Coffey said that there would not be a lagoon. Mr. Coffey said that his department would be more than happy to provide a copy to anyone who would like to receive the list of allowed uses. Mr. Coffey said that the certified mailings went out to adjacent property owners and were received in early October. Mr. Coffey explained that this mailing reflected the scheduled dates of the Neighborhood Meeting, the Development Review Committee Meeting, and the Planning Commission. Mr. Coffey said that an article was also advertised in the Central Virginian.

Upon further discussion by the Board, Mr. Gentry asked Mr. Coffey if a 25 buffer is what is typically used with industrial parks.

Mr. Coffey replied that they discussed the buffer quite a bit. He said that he normally recommends having a 100 buffer, but the applicants felt that due to the configuration of the parcel, it would be very restrictive. Mr. Coffey said that the applicants also felt that because of the existing mature vegetation in the area right now, this provided a sufficient buffer. He said that the Planning Commission did get them to amend the verbiage to state that it would be supplemented with additional plantings of medium screening that would provide a minimum of 30 of screening when it is planted.

Upon further discussion by the Board, Mr. Wright stated that he has lived in Louisa County for almost thirteen years and have heard numerous comments this evening on how valuable this was and how necessary this is for the County. Mr. Wright said that when this came up, this is the first time that he has ever heard of this particular site. Mr. Wright said that he is not aware of anyone wanting to restore this structure due to its historical significance. Mr. Purcell said that he has several concerns about this project, which most of them stem from the adjacent property owners. Mr. Purcell said that these individuals are the ones that should be their primary concern. Mr. Purcell stated that the individuals arguing that this “historic” tavern should be preserved have not produced enough evidence to his satisfaction to warrant such action. Mr. Purcell stated that he believes that the entire County is historical, even the courthouse at the top of the street where people actually went to trial to preserve the rights of individuals that allows them to do these types of things with their property. Mr. Purcell said that he believes that the historic figures that have been glorified this evening would be appalled at a government that took peoples individual rights and put them in their hands and told them that they couldnt do something with their own land. Mr. Purcell said that the applicants are the people that own this property and pay taxes on it. He said that they have been told that they have a duty to keep this property and historic preservation, but he believes that these individuals own this parcel and this is how they see it as the highest and best use of their property; therefore, this argument holds not weight for him what so ever. Mr. Gentry said that his primary concern was the individuals that live across the street, which is why he was proposing that the buffer be increased for their protection while at the same time trying to resolve the issue with the location of the structure. Chairman Barnes said that he is familiar with this area due to the work that the Board has been doing in the Zion Crossroads area. Chairman Barnes said that he does share the same concerns as the citizens that live in the neighborhood. Mr. Wright said that if these individuals were to follow the edge of their property, they would find that they have some of the most valuable property in Louisa County because of the commercial designation. Chairman Barnes said that this neighborhood is going to change. Chairman Barnes said that the applicant could have just destroyed the structure without saying anything at all. Chairman Barnes said that he believes that the applicant has made a good faith effort in preserving the structure. Dr. Morgan extended his appreciation to all of those individuals that spoke this evening addressing some of the same concerns that he has. Dr. Morgan said that the applicant has offered several concessions that might not be exactly what some of the residents in that area would like to see as an ideal. Dr. Morgan said that he had three primary concerns when he reviewed this request: the types of businesses that could be placed in this area since he felt that it would be more appropriate for light industry, the additional traffic that would be generated on Route 615 because he did not want to have the tractor trailers on this road, and his third concern was the historic structure because he agrees that any effort that could be made, should be made to try to preserve history. Dr. Morgan said that as it stands at this point, he believes that the application is satisfactory to him; therefore, he would like to make the motion to approve it. Mr. Wright seconded the motion.                          

On motion of Dr. Morgan, seconded by Mr. Wright, which carried by a vote of 6-1, with Mr. Gentry voting against, a resolution was adopted approving the applicants request to rezone approximately 14.45 acres from a Non-Designated Parcel to Industrial (IND) for the purpose of creating an Industrial Business Park on tax map parcels 5-10-3 and 2 to include the proffers as submitted.

CUP06-05, David and Margaret Perley

Mr. Coffey summarized the request as being for the issuance of a Conditional Use Permit (CUP) for the establishment and operation of a neighborhood retail store. Mr. Coffey said that the property is located on the east side of Route 650 (Pottiesville Road), south of the intersection with Route 652 (Kentucky Springs Road) and is in the Jackson Magisterial and Voting Districts. He said that the 2001 Comprehensive Plan designates this area of Louisa County as Agricultural. Mr. Coffey said that there were five people present for the Neighborhood Meeting that was held on September 21, 2005, at which they spoke in favor of the request. Mr. Coffey said that the Development Review Committee met in November 2005, and agreed that this was a good location for the business and recommended approval of the application to the Planning Commission. Mr. Coffey said that the Planning Commission held their public hearing on November 10, 2005, and voted 7-0 to forward a recommendation of approval to the Board with seven conditions. In closing, Mr. Coffey said that this request appears to be a positive extension of the current agricultural activities on-site based on the activities being an extension of the current agricultural “wayside stand” operation.  

Margaret Perley, Applicant, informed the Board that she was here this evening to answer any questions that they might have. Mrs. Perley explained to the Board that she is trying to create a neighborhood retail store that would consist of a garden center, nursery, and a gift shop. Mrs. Perley said that they have been operating this as a wayside store and would like to move it indoors to allow them to operate a full twelve months.

Chairman Barnes opened the hearing to the public at 8:03 p.m. With no one wishing to speak, Chairman Barnes closed the public hearing at 8:04 p.m. and brought it back to the Board for further discussion.

Mr. Wright stated that he feels that this is ideal for the situation.

On motion of Mr. Jennings, seconded by Mr. Gentry, which carried by a vote of 7-0, a resolution was adopted approving the requested conditional use permit for the establishment and operation of a neighborhood retail store with seven (7) conditions.

REZ08-05, James W. Hawk

Mr. Coffey summarized the request to be for the rezoning of approximately 1.9 acres from Agricultural A-2 to Residential General R-2 for potential subdivision of the subject property. Mr. Coffey said that this property is located on Route 622 (Moody Town Road) at the northwesterly end of Dike #3 and is in the Jackson Magisterial and Voting Districts. Mr. Coffey said that this property is listed in the 2001 Comprehensive Plan as low density residential within the Lake Anna Designated Growth Area. He said that one individual attended the Neighborhood Meeting that was held on October 12, 2005, where there were no official comments for or against the application as submitted. Mr. Coffey said that the Development Review Committee had met on October 26, 2005 and recommended approval of the application to the Planning Commission unanimously. Mr. Coffey said that the Planning Commission held their public hearing on November 10, 2005 and voted 7-0 to forward a recommendation of approval to the Board. In closing, Mr. Coffey said that the land use in the area is mainly that of single family residential uses on Residential General R-2 zoned parcels.

The Board briefly discussed this topic with Mr. Wright asking what the change in designation would do for them since it is already allowed to have residence with its current zoning.

In response to Mr. Wrights question, Mr. Coffey explained that this would allow the applicant to subdivide the parcel.

Jim Lillie, Applicants Agent, informed the Board that he was here this evening to answer any questions they might have.

Chairman Barnes opened the hearing to the public at 8:08 p.m. With no one wishing to address the Board, Chairman Barnes closed the public hearing at 8:09 p.m. and brought it back to the Board for further discussion.    

On motion of Mr. Jennings, seconded by Mr. Wright, which carried by a vote of 7-0, a resolution was adopted approving the applicants request to rezone approximately 1.90237 acres from Agricultural (A-2) to Residential General (R-2) for tax map parcel 47-(10)-B.

ADJOURNMENT

On motion of Mr. Gentry, seconded by Mr. Purcell, which carried by a vote of 7-0, the Board voted to adjourn the January 3, 2006 regular meeting at 8:10 p.m.


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