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April 18, 2005
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


CALL TO ORDER

Chairman Barnes called the April 18, 2005 regular meeting of the Louisa County Board of Supervisors to order at 5:00 p.m. Mr. Wright led the invocation, followed by the Pledge of Allegiance to the flag.

APPROVAL OF BILLS

On motion of Mr. Wright, seconded by Mr. Purcell, which carried by a vote of 7-0, with Messrs Barnes, Gentry, Jennings, and Wright abstaining from checks pertaining to them, a resolution was adopted approving the bills for the first half of April 2005 for the County of Louisa in the amount of $443,722.76.

CONSTITUTIONAL OFFICERS

Chairman Barnes explained that the Board had requested Nancy Pleasants, Commissioner of Revenue, to attend the meeting to speak with her about the Tax Relief Program to provide a better understanding of how this works. The Board questioned if the last day to process the application would be on Friday April 29, 2005 since the May 1, 2005 deadline falls on a Sunday. Dr. Morgan expressed his concern about the comments he has received from several individuals that have been assisting individuals that they knew might be eligible for the program had looked through the package that included a four page form along with a one page cover letter, which the four-page form is very thorough, but the cover letter might be misconstrued since it does not provide all of the information in terms of the fact that the primary residence plus one acre is excluded from the total amount of personal holdings. Dr. Morgan said that he would like to have a statement added to the cover letter to reflect this and the maximum financial worth amount of $85,000. Mr. Wright pointed out that the various phone numbers for the County that allows citizens to make a local call rather than a long distance call should be included on the cover letter. The Board questioned if the percentage of participants had increased since the overall amount was increased. The Board wants to ensure that everyone who is eligible for this program has the opportunity to participate.

Mrs. Pleasants stated that anyone who is applying for this program would have until Monday May 2, 2005. Mrs. Pleasant stated that the application itself reflects the information of what is excluded from the total amount of personal holdings. Mrs. Pleasants confirmed that she would include the necessary phone numbers on her coversheet for the citizens. Mrs. Pleasants replied that as of todays date, they have received 266 applications, which they received 270 for last year. Mrs. Pleasants assured the Board that they are making every effort they can to assist the citizens with this process.

Dominion Virginia Power

Page Kemp, Dominion-Virginia Power Employee, Louisa District resident, informed the Board that he was here this evening on behalf of all of the employees on the management team of North Anna to present the Board with a check for $1,500.00 to contribute towards the annual picnic for the employees of Louisa County. Mr. Kemp expressed their appreciation to all of the Louisa County employees along with the citizens of the County for all of the support that is given to North Anna.

Chairman Barnes announced that this donation would be used towards the annual employee picnic on May 18, 2005 that would be held from 5:00 p.m. to 7:00 p.m. for the employees and their families.

CITIZENS INFORMATION PERIOD

There were no citizens that wished to address the Board.

Paul Snyder, Chief Building Inspector, introduced Caleb Sulzen as one of the new Building Inspectors that was hired in December 2004.

ADOPTION OF THE AGENDA

Lee Lintecum, County Administrator, said that he would like to add consultation with legal counsel for discussion of litigation in the Zion Crossroads area to closed session.

Mr. Gentry said that he would like to add the E911 Sign Contract to the agenda as a topic for discussion.

        On motion of Mr. Wright, seconded by Dr. Morgan, which carried by a vote of 7-0, the April 18, 2005 agenda was adopted as amended.

PRESENTATION

CDBG Home and ADDI Affordable Housing Howard Evergreen & Billie Campbell

Billie Campbell, Thomas Jefferson Planning District Commission Assistant Director, explained to the Board that they are currently working on their Annual Action Report to review development and describe how they utilize the funds that comes to their community. Ms. Campbell said that the City of Charlottesville receives Community Development Block Grant funds. Ms. Campbell said that they also have a regional Home Consortium Group that came together twelve years ago, which brings an additional amount of funds. Ms. Campbell said that by July 1, 2005 the region expects to receive $1,009,430 as a direct result of regional cooperation of the consortium. Ms. Campbell pointed out how the funds would be spent and what was allocated for each locality. Ms. Campbell identified how the Fluvanna/Louisa Housing Foundation intended on utilizing these funds by assisting six first time homebuyers for $30,000.00 and to replace a total of five substandard mobile homes for $97,900.00. Ms. Campbell stated that the Thomas Jefferson Planning District Commission held their public hearing on this plan on April 7, 2005 at which time they received several modifications to the plan that have now been included. Ms. Campbell stated that they have sent a form to Mr. Lintecum requesting the designation of an administrator to handle the Fluvanna/Louisa Housing Foundation, which has typically been Howard Evergreen.

The Board discussed this topic in great detail with Mr. Harper asking for clarification on how they intend on assisting first time homebuyers with the $30,000 that is listed, when page twenty-six, under “project use” reflects that the Louisa assistance to first time home buyers is $2,000. Mr. Harper pointed out that throughout the report it references that they work with developers and requested further clarification on how they are working with developers. The Board commended Howard Evergreen on his work with the Housing Foundation with Dr. Morgan saying that the projects that have been accomplished over the past couple of years with respect to transitional housing and the first time home buyers is exemplary and something that Louisa County should be proud of.  

Howard Evergreen, Fluvanna/Louisa Housing Foundation Administrator, replied that the $30,000 is used towards assisting individuals with down payments and averages around $5,000 per person. Mr. Evergreen explained that they are trying to purchase a tract of land to develop affordable housing, which they are working with developers on.

Ms. Campbell stated that in addition to the funds that they receive each year, there are some funds that are returned to the foundations as a form of income, which could be used to support projects; therefore, the $2,000 would be in addition to the $30,000.

OLD BUSINESS

Rodriguez Claim Patrick Morgan

Pat Morgan, County Attorney, said that in accordance with §15.2-1245 of the Code of Virginia, he examined the claim that Mr. Michael Rodriguez recently filed. Mr. Morgan informed the Board that he found that there is a 16-acre parcel that separates Mr. Rodriguezs property from the Louisa County Landfill parcel. Mr. Morgan said that the property was clear-cut by the owner of the 16-acre parcel legally. Mr. Morgan said that he was unable to find any legal liability to the County of Louisa that would bind them to the claim; therefore, he would recommend that the claim be denied.

NEW BUSINESS

Discussion Awarding of the Staff Evaluation Contract

Mr. Gentry reminded the Board that he and Mr. Harper had made the recommendation to them to award a contract to Robinson Farmer Cox Associates (RFCA), which they requested them to submit a summation of their comments in writing for them to review. Mr. Wright said that he agrees with their recommendation based on RFCAs expertise, cost, and their familiarity with Virginia, especially with Louisa County.

On motion of Mr. Wright, seconded by Mr. Purcell, which carried by a vote of 7-0, a resolution was adopted awarding the Operational Needs Assessment and Implementation Plan Contract to Robinson, Farmer, Cox Associates for an amount not to exceed $39,700.00.

Resolution Road Access Funds at Library Tract Bob Gibson

Mr. Lintecum explained to the Board that this is to request VDOT to fund up to $300,000 for an entrance road to the Library Tract. Mr. Lintecum said that he has been told that they have up to five years to provide such an investment to justify the expenditure on the road.

The Board discussed this in detail with Dr. Morgan saying that he believes that this is something that they need to do and that the monies would be returned to them. Dr. Morgan questioned what the estimated cost was for this project. Mr. Gentry said that under the fifth “whereas” and the “now, therefore be it resolved” he would like to reflect the Industrial Access Funds rather than the Industrial, Airport and Rail Access Funds and that he would like to have the amount of $300,000 reflected in the resolution.

Mr. Lintecum replied that he would estimate the overall cost to be around $250,00 to $300,000.

On motion of Mr. Purcell, seconded by Mr. Gentry, which carried by a vote of 7-0, a resolution was adopted supporting a bonded industrial access road that the Louisa County Board of Supervisors is requesting that the Commonwealth Transportation Board provide financing in the amount of $300,000 from the Industrial Access Funds to provide an adequate road to the Library Tract.

Resolution Recognizing National County Government Week and the Appreciation of Louisa County Employees

On motion of Mr. Gentry, seconded by Mr. Purcell, which carried by a vote of 7-0, a resolution was adopted recognizing National County Government Week and the appreciation of the Louisa County Employees by having a picnic for the employees and their family on May 18, 2005 from 5:00 p.m. to 7:00 p.m. behind the Sheriffs Department.

Resolution Recognizing National Volunteer Week

On the motion of Mr. Wright, seconded by Mr. Jennings, which carried by a vote of 7-0, a resolution was adopted recognizing April as Volunteer Month.

E911 Sign Contract

Mr. Gentry said that he understands that it has been taking seven to nine weeks to get a sign. Mr. Gentry said that it appears to him that they are not getting speedy work from their current contractor. Dr. Morgan said that he agrees with Mr. Gentry. Dr. Morgan said that the E911 Sign Ordinance that Mr. Morgan has drafted would be submitted to the Board for review, which includes a requirement that the individuals that are building must have this sign before they can receive a Certificate of Occupancy. The Board asked Mr. Lintecum to look at the current contract to verify if there are any specifications for turn around time and to confirm the expiration date of the current contract.

COMMITTEE REPORTS

Mr. Gentry reported that the Volunteers of Louisa held their seventh annual gala on April 17, 2005, which they had around 150 individuals in attendance. Mr. Gentry said that they gave out a lot of rewards to the Volunteers, but the three biggest winners were for the Youth Volunteer Spirit Award that went to Gail Chiles, an adult Volunteer Spirit Award that went to Celia Suthard, and the John von Hemert award that went to Marilyn Root. Mr. Gentry said that he would like to have these three individuals recognized by the Board at the next Board meeting. Mr. Gentry said that the Volunteers of Louisa still continue to perform 1000 hours of work a month and contribute a lot to the County. Mr. Wright said that he believes that the event went rather well even though some of the participants were unable to make it due to volunteer work they were doing at the time. Mr. Wright stated that it is great to see more youth getting involved with the volunteers.

Mr. Gentry informed the Board that he would like them to consider adding a developer to the Shoreline Management Committee.

Mr. Gentry said that the Louisa County Planning Commission held an exceptional meeting on Thursday April 14, 2005. Mr. Gentry said that he would like to have Darren Coffey, Community Development Director, summarize what the Development review Committee (DRC) and the Long Range Planning Committee (LRPC) are for so he can then follow up with a discussion that took place at the Planning Commission meeting.

Mr. Coffey said that the DRC would be a subcommittee that is appointed by the Planning Commission specifically to look at Conditional Use Permits, rezoning, and any other development proposals that would go before the Planning Commission and would consist of a Board member, four Planning Commissioners, and two citizens with one being a professional consultant in the area and the other being a developer. This would be another public forum that the applicant and any concerned citizens could get together to present their views to the committee, which they would take into consideration when making their recommendations to the Planning Commission. Mr. Coffey said that the LRPC would be another subcommittee of the Planning Commission that would consist of two Board members, three Planning Commission members, and two citizens with one being a professional planning consultant in the area and the other being a landowner that has agricultural expertise. Mr. Coffey said that this committee would look at any policies and procedures that the Planning Commission has been asked to review and bring their recommendations back to the Planning Commission. This committee would look at zoning and subdivision ordinance amendments, developing, mending, reviewing the Comprehensive Plan, and reviewing any other policies and procedures as requested. Mr. Coffey identified the members of both committees for the Board.

Mr. Gentry said that the Planning Commission had also addressed going to a public address system like the Board of Supervisors has to allow citizens to speak in the beginning of their meetings. Mr. Gentry said that the Planning Commission voted 6-1 to go through this process to try these two committees for a six-month trial period. Mr. Purcell asked Mr. Coffey to clarify if the DRC and LRPC would strictly be advisory committees that would make recommendations to the Planning Commission on existing policies that have been set forth by the Board of Supervisors. Mr. Purcell asked if these committees would serve in an architectural review capacity or to just ensure that the proposed projects are in compliance with the laws that are already established. Mr. Purcell questioned if the applicant would have the right to appeal to the Planning Commission if he didnt like something that the committee has recommended. Mr. Purcell asked if the addition of these committees would create any time delays for an applicant going through the process.

Mr. Coffey replied that they would be making recommendations as requested by the Planning Commission, but they would not by their own volition initiate something unless it was requested. Mr. Coffey said that these committees would ensure that the proposed projects are in compliance with the laws that have already been established. Mr. Coffey explained that there really is not an appeal process, but more of an advisory process. Mr. Coffey said that if one of the committees were to recommend denial of an application, it would strictly be a recommendation for the Planning Commission to consider. Mr. Coffey said that when he discussed the application process with staff, they determined that there might be a need to bump up their application deadline by five days rather than the ten days that is currently in place. Mr. Coffey assured the Board that this would not create any delays for an applicant.

Mr. Purcell reported to the Board that he recently attended the Library Committee meeting where they discussed quite a bit. Mr. Purcell said that the meeting went extremely well.

Chairman Barnes reported to the Board that he recently attended the IDA meeting where they discussed the Library Tract. Chairman Barnes recommended that they have the County Administrator send a letter to be IDA requesting land donation for a swimming pool.

The Board briefly discussed this topic with Mr. Harper reiterating that he does not support the proposed location of the swimming pool; therefore, he would not support it. Dr. Morgan questioned if the committee that was established to look into this issue has investigated alternative sites.

        On motion of Mr. Gentry, seconded by Mr. Jennings, which carried by a vote of 5-2, with Messrs Harper and Wright voting against, the Board directed Mr. Lintecum to draft and send a letter to the Industrial Development Authority requesting land donation for an aquatic facility adjacent to the Betty J. Queen Center.

BOARD APPOINTMENTS

Chairman Barnes said that he noticed that the Water and Sewer Rate Commission has agreed to be reappointed. Chairman Barnes said that the Board of Roadviewers could be reappointed along with Doris McCray for the J. Sargeant Reynolds Community College Board.

Ernie McLeod, Deputy County Administrator, informed the Board that Joe Leslie has indicated that he would like to be appointed to the Board of Zoning Appeals.

Chairman Barnes said that Mr. Harper had already provided a recommendation to the Board for this appointment. Chairman Barnes said that he would like to have a letter sent to Joe Leslie thanking him for offering to serve on this committee and to let him know that the Board would keep him in mind for future appointments.

Mr. Jennings said that he would like to reappoint Marilyn Root to the Commission on Aging.

        On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board reappointed the members of the Water and Sewer Rate Commission, the Board of Roadviewers, Doris McCray for the J. Sargeant Reynolds Community College Board, and Marilyn Root to the Commission on Aging.

COUNTY ADMINISTRATOR REPORT

Mr. Lintecum presented his report highlighting the following items:

Mr. Lintecum informed the Board that he has included a summary report from the Community Development Department for the month of March. Mr. Lintecum said that Mr. Coffey would be submitting a monthly report for the Boards review at the second meeting of each month.

The Board discussed this in detail with Dr. Morgan saying that he would like to have more background information provided on the planning inquiries. Mr. Gentry questioned if the public was being mislead with the “Community Development Department” name for planning and building. Chairman Barnes suggested placing an article in the next County Messenger identifying the change and what the department now consists of to notify the citizens.

CONSENT AGENDA

On motion of Mr. Purcell, seconded by Mr. Gentry, which carried by a vote of 7-0, a resolution was adopted for a supplemental appropriation to the CIP for replacement vehicles in the amount of $2,200.00.

CORRESPONDENCE

Mr. Lintecum informed the Board that he has enclosed a letter from VDOT regarding revenue sharing funds and Mr. Murphy has finalized their financial request.

Dr. Morgan questioned what portion of Route 22 is being abandoned by VDOT. Mr. Lintecum replied that this portion is next to the South Anna River and would be offered to the original owner.

Mr. Gentry said that he hasnt seen anything under correspondence pertaining to the letter that the Board requested about a month ago for Mrs. Chisholm. Mr. Gentry said that he had read in The Central Virginian that VDOT would be holding their public hearing to finalize the Six-Year Plan, which the Board has not taken any action on. Mr. Gentry said that he would like to see documentation of what took place when the Code Enforcement Officer responds to calls. Mr. Gentry said that he would like to receive copies of the minutes from committees and commissions of Louisa County.

LEGAL CORRESPONDENCE

The Board did not discuss any legal correspondence at this time.

CLOSED SESSION

On motion of Mr. Purcell, seconded by Mr. Wright, which carried by a vote of 7-0, the Board voted to enter Closed Session at 6:14 p.m. for the purpose of discussing the following:

1.        In accordance with §2.23711 (a) (7) of the Code of Virginia, 1950 as amended, for the purpose of consultation with legal counsel for discussion of litigation in the Zion Crossroads area.

REGULAR SESSION

On motion of Mr. Jennings, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board voted to return to Regular Session at 7:00 p.m.

RESOLUTION  CERTIFICATION OF CLOSED SESSION

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

WHEREAS, the Louisa County Board of Supervisors has convened a Closed Meeting this the 18th day of April 2005, 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 18th day of April 2005, 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

Amendment to the Louisa County Code Section 14.41, Dogs Running at Large to Add Hickory Creek Acres Subdivision

Mr. Morgan said that in the past the Board has had the policy of adding certain designated subdivisions as covered with the year around leash law. Mr. Morgan said that this request typically comes from the property owners association with a resolution or a petition by the majority of property owners asking that their subdivision be included. Mr. Morgan explained to the Board that the Hickory Creek Acres Subdivision has submitted a petition that is signed by the majority of the property owners.

Chairman Barnes opened the public hearing at 7:03 p.m.

Linda Guinn, Louisa District, informed the Board that she was here this evening to answer any questions that they might have regarding this request.

Mark Wright, Spotsylvania County Resident and Louisa County Landowner, expressed his appreciation to the Board for considering this amendment. Mr. Wright said that he has experienced problems with hunting dogs on his property and is concerned for the health, safety, and well being of his family and neighbors.

Chairman Barnes closed the public hearing at 7:06 p.m. and brought it back to the Board for further discussion.

Mr. Jennings questioned how many homes were in this subdivision.

Ms. Guinn replied that there are seventeen lots in the subdivision that has sixteen owners with six completed homes and three others under construction.

        On the motion of Mr. Purcell, seconded by Mr. Wright, which carried by a vote of 7-0, the following resolution was adopted to amend the Louisa County Code, Section 14.41, Dogs Running at Large in Certain Subdivisions; Penalty for Violation to add Hickory Creek Acres Subdivision.

CUP02-05 Melvin K. and Betty S. Nottingham

Mr. Morgan summarized the request as being for the issuance of a Conditional Use Permit (CUP) for a Home Occupation Class B for the operation of a trucking business pursuant to Section 86-75. Mr. Morgan explained that the applicants would be dispatching trucks from their home and doing some repair work on the trucks, but the equipment and trucks would be stored off site at the Mineral Fire Department. Mr. Morgan identified the applicants as Melvin K. and Betty S. Nottingham. The property is located on the southwesterly side of US Route 33 (Jefferson Highway), east of Route 767 (School Bus Road) in the Mineral Magisterial and Voting District and is identified as tax map parcel 58-10. Mr. Morgan said that the parcel is 4 acres and is currently zoned Agricultural (A-2). He said that the purpose of the applicant applying for this CUP is to bring a non-conforming activity into conformance with the zoning regulations. Mr. Morgan said that staff recommended approval of the request with fifteen conditions. Mr. Morgan identified the differences between staffs recommendations and the Planning Commissions recommendations for condition numbers one, six, and thirteen.

The Board discussed this request with Mr. Wright asking if condition number thirteen would take care of when the Mineral location would be available for storage of the equipment. Chairman Barnes stated that he would like to confirm if the applicant is comfortable with the hours of operation that has been designated.

Mr. Morgan confirmed that it would take care of that requirement. Mr. Morgan said that the Planning Commission recommended normal hours of operation to compensate for the occasional incident; however, the Board could increase the hours if they desire.  

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

Jim Lillie, Attorney at Law, Applicants Representative, said that one of the reasons for the change in adding the word normal in the hours of operation was to take into consideration of emergency maintenance repairs on the trucks. Mr. Lillie said that the entrance permit for VDOT is going to be a 100 taper that would come down the driveway, which will require some reworking of the driveway, installation of a new pipe, and partial pavement. Mr. Lillie asked the Board to consider allowing ninety days for all of the conditions to be completed with the exception of the entrance permit that should be completed by the time allowed on the VDOT permit. Mr. Lillie reiterated that the trucks and other equipment would be stored off-site according to zoning regulations, however the lease with the Mineral Fire Department has a weeks period of time during the Blue Grass Festival that Mr. Nottingham would have to find other means of storage. Mr. Lillie said that he doesnt know how this could be addressed, but he would like to have this listed under a condition to cover this topic.

Chairman Barnes closed the public hearing at 7:20 p.m. and brought it back to the Board for further discussion.

The Board discussed this further with Mr. Gentry asking for clarification of the dimensions of the driveway. Mr. Wright expressed his concerns about the “normal operating hours” and would like to have something recognizing that there might be times outside of the specified hours that they have to work on the trucks; therefore, he would like to have something put in writing to protect the applicant. Mr. Wright said that he would like to ensure that the applicant understands that the two employees must be living on the premises to work. Mr. Jennings said that he agrees that the time period should be extended to ninety days rather than sixty days. Mr. Jennings said that he would like to extend the operating hours and to add the word “may” under condition number fifteen. Dr. Morgan pointed out that the applicant has been running this business from his home already and considering that none of his neighbors spoke during the hearing to make any complaints, then he feels that the Nottinghams have been a good neighbor and would continue to do so. Mr. Gentry stated that the Planning Commission did a thorough job taking all aspects into consideration and he feels that their recommendations should be considered strongly. Mr. Gentry said that he would like to modify condition number ten to reflect the time limit of VDOTs permit.

In response to the Boards questions, Mr. Lillie said that the existing driveway is 54 wide where it meets Route 33 and they would be modifying it to have a 100 taper coming to the driveway. Mr. Lillie said that he doesnt believe that it will take ninety days for the applicant to get their permit.          

Mr. Coffey assured the Board that he would include a memo in the applicants file clarifying the intent of the business and what is allowed under normal operating hours.

Mr. Harper said that he would like to make the motion to approve the Conditional Use Permit that would include a footnote for condition number thirteen saying that the completion of the entrance would be determined by the length of time as designated by VDOTs permit and ninety days for the remaining conditions.

Mr. Jennings seconded the motion.

On motion of Mr. Harper, seconded by Mr. Jennings, which carried by a vote of 7-0, a resolution was adopted approving the issuance of a Conditional Use Permit for a Home Occupation Class B for the operation of a trucking business pursuant to Section 85-75 for Melvin K. and Betty S. Nottingham with fifteen conditions and a footnote to condition number thirteen saying that the completion of the entrance would be determined by the length of time as designated by VDOTs permit.

APPROVAL OF MINUTES

        On motion of Mr. Wright, seconded by Mr. Jennings, which carried by a vote of 7-0, the Board adopted the minutes of April 4, 2005 as presented.

RECESS

On motion of Mr. Jennings, seconded by Mr. Purcell, which carried by a vote of 7-0, the Board voted to recess the April 18, 2005 regular meeting at 7:35 p.m. until Wednesday April 27, 2005 for the joint budget meeting with the School Board that will be held at the School Board Administration Office at 5:30 p.m.


BY ORDER OF


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