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Minutes of other Meetings |
Minutes of the Board of Supervisors
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5:00 P.M.
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. 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. 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. 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. 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. 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 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. 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 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. 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. 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. 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. 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. 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. 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. 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 |