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Minutes of the Board of Supervisors
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5:00 P.M.
CALL TO ORDER Chairman Barnes called the May 16, 2005 regular meeting of the Louisa County Board of Supervisors to order at 5:00 p.m. Mr. Gentry led the invocation, followed by the Pledge of Allegiance to the flag. APPROVAL OF BILLS On motion of Mr. Wright, seconded by Dr. Morgan, which carried by a vote of 7-0, with Dr. Morgan abstaining from a reimbursement check pertaining to him and Mr. Jennings abstaining from a check pertaining to his daughter that is listed under Parks and Recreation, a resolution was adopted approving the bills for the first half of May 2005, for the County of Louisa in the amount of $299,620.05.
CONSTITUTIONAL OFFICERS There were no Constitutional Officers that wished to address the Board. CITIZENS INFORMATION PERIOD Wayne Poore, Green Springs District, informed the Board that he was here this evening to ask them to move the telephone line that was placed on his property three years ago. Mr. Poore said that Pat Morgan, County Attorney, assured him that the line would be removed once they went through litigation. Mr. Wright said that he would like to add security concerns for the Courthouse as a topic for discussion.
On motion of Mr. Gentry, seconded by Mr. Purcell, which carried by a vote of 7-0, the May 16, 2005 agenda was adopted as amended.
PRESENTATIONS
Resolution Appreciation of Amy Turner Fifer Mr. Lintecum read the resolution for all to hear and presented a plaque to Amy Fifer, Community Development Senior Administrative Assistant. On motion of Mr. Purcell, seconded by Mr. Wright, which carried by a vote of 7-0, a resolution of appreciation was adopted recognizing Amy Turner Fifer for her seven years of dedicated service to the citizens of Louisa County. CONTINUANCE OF CITIZENS INFORMATION PERIOD
CONTINUANCE OF PRESENTATIONS
Courthouse Security Concerns
Mr. Wright said that the Building and Grounds Committee met last week with the Sheriffs Department, State Police, Judge Whitlock and her staff, and Pat McWilliams, Director of Public Works to discuss the security issues at the Courthouse. Mr. Wright explained that they talked about putting in a security gate at the General District Court that would provide an x-ray screening device, which would require an additional full time Deputy to monitor. Mr. Wright said since they have not pinned down precise cost of everything, the Building and Grounds Committee is recommending that an additional $75,000 be put into the Reserve Contingency Funds for this coming year for the expense to be taken out. Mr. Wright said that to help pay this fee back, the courts have been collecting fees that go into the General Fund, which would pay for this expense after a period of time. Mr. Wright expressed the importance of having the additional security at the Courthouse due to the nature of the cases that are handled there and the liability exposure that the County faces for the protection of their citizens. The Board discussed this topic in great detail with Mr. Gentry asking if they were able to credit the fines from the Courthouse towards this project. Mr. Harper said that he has trouble supporting this because Judge Whitlock has referenced in her letter that this was due to recent events, which did not take place in a courtroom. Mr. Harper said that he has issues with what is being talked about and whether or not it would create real security or a false sense of security. Chairman Barnes expressed concerns about the citizens that are left without protection while all of their Deputies are in court and asked Major Lowe how many officers were out on the streets patrolling during court hours. Chairman Barnes suggested that they find an alterative solution. Mr. Wright further commented that a lot of the confrontations happen outside on the sidewalk or in the parking lot, which would be watched over by the fulltime deputy. National Park Service Representative - Ed Clark Ed Clark, National Park Service Land & Resource Protection Specialist / Project Manager, informed the Board that part of his duties are to oversee the Green Springs National Historic Landmark District, which has been managed by Park Services for the last twenty-five years. Mr. Clark explained the history of this District and how it was formed. Mr. Clark said that this District is a little more that 14,000 acres, which has three different entities that hold easements within this District. Mr. Clark said that this area is different because the federal government does not own the land outright, but they manage the entire area through managing the preservation easements. Mr. Clark said that they are concerned with the land and the historic dwellings, which as time progresses the dwellings are being modified to accommodate modern technology. In closing, Mr. Clark informed the Board that he is willing to work with them on any issue or concerns that they might have pertaining to this location. Hazardous Mitigation Plan Thomas Jefferson Planning District Commission Bill Wanner, Thomas Jefferson Planning District Commission (TJPDC) Senior Planner, informed the Board that he was here this evening to introduce the Hazardous Mitigation Plan to the Board prior to it coming before them on June 20, 2005 for consideration and adoption. Mr. Wanner explained that this plan is committed to an overriding purpose of reducing or eliminating the loss of life and property due to natural hazards. Mr. Wanner stated that the plans secondary importance is that it meets reporting requirements for both Federal Emergency Management Agency and the Virginia Department of Emergency Management. He said that an adopted plan is a prerequisite for receiving certain pre and post disaster funds for the County. Mr. Wanner explained the primary issue as identifying the risks in Central Virginia that they are most likely to have and how to address those. Mr. Wanner said that they are proposing that this plan be considered at the June 20, 2005 Board of Supervisors meeting. Mr. Wanner said that this plan has already been considered and approved for the Boards review by the Planning Commission at their May 12, 2005 meeting. Discussion Additional Tax Credit for Agricultural Land; Director of Governmental Affairs; VA Farm Bureau Federation - Martha Moore Chairman Barnes informed the Board that he had asked Charles Rosson to bring someone before the Board to talk about tax credit for agricultural land in hope of preserving the agricultural land in the County. Martha Moore, Virginia Farm Bureau Director of Governmental Relations, gave a presentation to the Board on moving in the right direction to preserve agriculture in Louisa County. Ms. Moore summarized that in 2002 there were 87,275 acres of farms in Louisa County with the average size being 184 acres. Ms. Moore said that the average market value of agriculture products sold per farm was $21,335, the average farm production expenses per farm was $26,911, and the average net cash income of operation per farm was $2,609. Ms. Moore described the types of forestry in Louisa County as being hardwoods, oak/pine mix, and pine. Ms. Moore identified the challenges that landowners face in maintaining farm and forestland. As a solution, Ms. Moore suggested that the Board consider providing more incentives for landowners to keep their property in agricultural or forestry by providing sliding scale on property tax assessments, adopt a Purchase of Development Rights Ordinance, and incorporate a goal of preserving farm and forestland into the Comprehensive Plan.
The Board discussed this topic in great detail with Mr. Purcell questioning how a land trust worked and how the value of the land would be assessed. Dr. Morgan said that he believes that farmers are experiencing a lot of pressure from development along with other market forces and anything that could be done to help them out would make sense. Dr. Morgan said that since 2002, individuals that put easements on their property that have been found to be beneficial in terms of reducing the property value by an appraiser that could actually take 50% of that as a tax credit, which a lot of farmers do not have the income to be able to take those credits and they could sell them for resale; he questioned if this process would be effected by having a sliding scale. Mr. Harper asked Ms. Moore to clarify how they define a farmer. Mr. Gentry questioned how this blends in with the Comprehensive Plan and the Community Development Department, which Chairman Barnes explained that individuals that apply for land use would be incorporated into the sliding scale. Chairman Barnes said that he would have more of an interest in a sliding scale rather than the development rights issue. Chairman Barnes directed Ernie McLeod, Deputy County Administrator, to work with Mr. Rosson and Ms. Moore to determine the numbers for a sliding scale to consider for next years budget and report back to the Board within sixty days. In response to the Boards questions, Ms. Moore explained that under the state code of Virginia, there are provisions in place that a land trust would have to meet before it would be allowed to accept such easements. Ms. Moore replied that the sliding scale would not have an effect on the tax credit for easements because these are two separate issues. Ms. Moore said that a farmer is defined by land use assessment standards that are made up with regulations that identify the activity of the land rather than the person. Ms. Moore said that there would be an application process between the individual landowner like it is now, but with land use assessment. OLD BUSINESS
Discussion Water Alternatives Skip Notte, Dewberry and Davis Representative, informed the Board that he was here this evening to present water supply alternatives that they have come up with for water service to the western end of Louisa County. Mr. Notte said that in addition to speaking with Fluvanna County and looking at the James River as a long-range water resource, they have considered the idea of potentially drilling more wells and two routing options from surface water sources from Bowlers Mill Lake and the Northeast Creek Reservoir. Mr. Notte said that they are looking at what it would take to run water service from these two sources, treat it, and run it to the Zion Crossroads area. Mr. Notte presented two options to the Board to look at utilizing the existing plant at the Northeast Creek Reservoir and the existing infrastructure that currently runs from Northeast Creek to the Town of Louisa, down Route 208 by Ferncliff and up Route 250; with the other option being the construction of a new water treatment plant at Bowlers Mill Lake and run it along Route 15 to the Zion Crossroads service area. Mr. Notte provided the projected costs for the two options that he presented to the Board. NEW BUSINESS
Resolution Recognizing Emergency Services Week of May 15 21, 2005
On the motion of Mr. Gentry, seconded by Mr. Harper, which carried by a vote of 7-0, a resolution was adopted proclaiming May 15 21, 2005 as Emergency Medical Services Week in Louisa County.
Resolution To Name a County Agent for The Homeland Security Grant
On the motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, a resolution was adopted naming Mr. C. Lee Lintecum as the County Agent for the Homeland Security Grant.
Resolution Declaring June 4 & 5 as Relay for Life in Louisa County
On the motion of Mr. Gentry, seconded by Mr. Wright, which carried by a vote of 7-0, a resolution was adopted declaring June 4 & 5, 2005 as Relay for Life Days in Louisa County.
Resolution Recognizing May 16 - 20 as Business Appreciation Week
On the motion of Mr. Harper, seconded by Mr. Gentry, which carried by a vote of 7-0, a resolution was adopted recognizing May 16 20, 2005 as Business Appreciation Week.
Resolution Honoring Volunteers in Louisa County
On the motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, a resolution was adopted honoring three volunteers in Louisa County for their outstanding services, which were Marilyn Root who was awarded the John O. von Hemert Award, Celia Suthard who was awarded the Adult Volunteer Spirit Plaque, and Gail Chiles who was awarded the Youth Volunteer Spirit Plaque. Mr. Gentry said that he would like to have these individuals attend a Board meeting to receive their recognition.
Discussion Preliminary Subdivision Plat Review Sugar Plum Hill Subdivision Darren Coffey, Director of Community Development, said that according to resolution RES05.033 that was adopted by the Board on March 23, 2005 amending Section 86-73 (10) of the Louisa County zoning ordinance, the last paragraph states, “that no road constructed under the provisions of this section may be extended to serve as an access road for a second parent parcel unless such extension is approved by the Board of Supervisors”. Mr. Coffey said that this proposed subdivision has been analyzed by staff and meets with all of the provisions of both the County Subdivision and Zoning Ordinances. Discussion Agreement to Order Sheriffs FY06 Vehicles in May 2005
On motion of Mr. Harper, seconded by Mr. Gentry, which carried by a vote of 7-0, a resolution was adopted approving and appropriating funds in the amount of $202,000.00 from the FY-06 CIP for the Sheriffs Department to purchase vehicles.
Discussion Contract with Timmons to Bring the GIS In-House Mr. Coffey said that they have brought this request before the Board to ask their permission to initiate a contract with Timmons to bring the GIS system in-house. Mr. Coffey said that they would like to begin this process in this budget year so they can start saving money and get it up and running in five to six months. Mr. Coffey said that the funds are currently in their budget for this project and enough to finish the process out. COMMITTEE REPORTS Mr. Gentry said that he was delighted to attend an event that occurred at the Betty J. Queen Center on Tuesday, May 10, 2005 where JABA made a presentation of appreciation for the Louisa County Board of Supervisors.
Mr. Jennings said that he would like to reappoint Barbara Hollins to the Commission on Aging.
On motion of Mr. Jennings, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board reappointed Barbara Hollins 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 enclosed the written response from Hanover County regarding charges thats related to EMS calls. Mr. Lintecum said that he spoke with Mike Schlemmer, Louisa County Emergency Services Coordinator, regarding this subject and found that Spotsylvania County, Virginia is also considering charging fees for these services. Mr. Gentry said that he would like to have a report put together by Mr. Schlemmer and Mr. Lintecum advising the Board on what needs to be done to handle all of the calls in Louisa County. CONSENT AGENDA
On motion of Mr. Purcell, seconded by Mr. Gentry, which carried by a vote of 7-0, a resolution was adopted to add Elnor Road (Route 1059) from Route 1055, Cuckoo Drive for a total of 0.74 miles in a southerly direction to the end of the cul-de-sac into the Secondary System of Highways in Louisa County, Virginia.
CORRESPONDENCE The Board did not discuss any correspondence. LEGAL CORRESPONDENCE Pat Morgan, County Attorney, did not discuss any correspondence with the Board.
CLOSED SESSION
On motion of Mr. Jennings, seconded by Mr. Wright, which carried by a vote of 7-0, the Board voted to enter Closed Session at 6:26 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 Green Springs area. On motion of Mr. Gentry, seconded by Mr. Jennings, 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 16th day of May 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 16th day of May 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
Fiscal Year 2005 2006 County Budget
Mr. McLeod stated that the proposed budget overall has an increase of 11.3%, which include the CIP and the Operational. Mr. McLeod said that 58% of the Operational Budget is allocated for the schools. Mr. McLeod said that out of the overall increase to the budget, 74% of it is because of the operational increases. Mr. McLeod summarized the revenue overview for FY05 as a tax rate of $0.70 per every $100, which would give you $3.88 million for real estate and public services would be at $587,000. Mr. McLeod said that with real estate at $0.66 per every $100 would give you $2,893,000 for real estate and public service would be down $587,000, which is reduction of $1,832,000 or 4 pennies. Mr. McLeod highlighted the revenue changes, saying that the sales ratio has increased 2.5% since the budget was first recommended to the Board, which provided an increase of $382,000. Mr. McLeod identified the FY06 Capital Improvement Projects (CIP) and the projected costs associated with the projects. Mr. McLeod further identified the major future CIP projects and their projected amounts as the radio system, Landfill projects, new elementary school, Zion Crossroads, Economic Development, Zion Crossroads Industrial Park, and the Gum Spring Industrial Park. Mr. McLeod identified the increases to the Operational Budget that compares to the amount of funds received by the increase by the real estate assessments. Mr. McLeod said that the cost of the Landfill operation is worth more than 2 pennies of the real estate taxes. He identified the necessary cuts to the operational budget that would compensate for the fourth penny. Mr. McLeod identified potential future problems for the operational budget. In closing, Mr. McLeod identified the percent changes to the school system operating budget saying that the overall increase to their budget is a 3.66% increase.
The Board discussed this topic in great detail and asked what amount the health insurance increase translated to in an actual dollar amount, what the $400,000 that is designated for the Library tract would be used towards, and whether or not the water and sewer connection fees in the Zion Crossroads area had been factored into the budget. In response to the Boards questions, Mr. Lintecum replied that the amount for the Library tract would be used towards the necessary infrastructure. Mr. McLeod replied that the increase for the health insurance premiums would be equivalent to $542,880 for the total cost, but the schools would be higher. Mr. McLeod confirmed that the budget does not include the water and sewer connection fees. Real Property Tax Increase - Reassessment Mr. McLeod summarized that the County is proposing to increase property tax levies, which the proposed tax rate would be lower, but the tax due would increase due to the general reassessment. Mr. McLeod said that the average increase for assessments in Louisa County is 35%. Mr. McLeod said that the lowered rate is necessary to help offset the increase in assessments. Mr. McLeod said that the effective tax rate is the difference between the $0.66 per $100 that is being proposed and the lowered tax rate of $0.60 per $100, which is the effective tax rate increase of 9.43%. In closing, Mr. McLeod said that based on the proposed real property tax rate and changes in other revenues, the total budget for the County of Louisa would exceed last years budget by 11.3%. On motion of Mr. Wright, seconded by Mr. Purcell, which carried by a vote of 7-0, the Board voted to adjourn the May 16, 2005 regular meeting at 8:04 p.m.
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