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JUNE 2, 2008
6:00 P.M.



Board Present: Fitzgerald A. Barnes, Dan W. Byers, Willie L. Gentry, Jr., Willie L. Harper, Richard A. Havasy, P.T. Spencer, Jr. and Jack T. Wright

Others Present: C. Lee Lintecum, County Administrator; Ernie McLeod, Deputy County Administrator; Sharon Pandak, Attorney; Alan Smith, Attorney; Darren Coffey, Director of Community Development; Will Cockrell, Senior Planner; Jason Pauley, County Engineer; Kevin Linhares, Director of Facilities Management; Scott Raetigg, Nework Analyst; Robert Dube, Fire Chief; Jane Shelhorse, Director of Parks and Recreation; Sherry Vena, Director of Human Resources; Amanda Reidelbach, Office Manager, Administration; Zuwana Morgan, Deputy Clerk and Brittany Spaur, Records Clerk

CALL TO ORDER

Chairman Harper called the June 2, 2008 regular meeting of the Louisa County Board of Supervisors to order at 6:00 p.m.  Mr. Harper led the invocation, followed by the Pledge of Allegiance.

CONSTITUTIONAL OFFICERS

Tom Garrett, Louisa County Commonwealths Attorney said he had been looking for ways that his office could contribute to the county.  Mr. Garrett said he would like to propose to the Board that they consider enacting an addition to the Code of Louisa County that would mirror section 74-1.  Mr. Garrett said section 74-1 allows traffic violations under Virginia Code 46.2 that are primarily speeding offenses to have the fines returned directly to the County of Louisa.  

Mr. Garrett said the proposal would be to consider adopting a section to mirror section 74-1, which would take State Code 18.2 266-271 and adopt by reference those into the County Code.

Mr. Garrett said the benefits of this would allow latitude to the Sheriffs Office and State Police and how they charge for driving under the influence offenses.  Mr. Garrett said when the offenses involved jail time, he suggested that the deputies and troopers be allowed the latitude of how to charge them and charge them under State Code.  Mr. Garrett said if you send someone to jail under County Code the county picks up the bill.  Mr. Garrett said then you lose more money then you would generate.    Mr. Garrett stated with 10 DUIs a week with an almost guaranteed minimum fine of $250 each, would be $2,500 per week that was sent out of the county.  

Mr. Garrett said this was not a scheme that he came up with, it was being done now in larger counties.  Mr. Garret said the county could bring in about $35,000 to $40,000 a year.  

Mr. Gentry asked had this just been a well kept secret or was there something that kept counties from wanting to do it.  Mr. Garrett said he doesnt know why it hadnt been looked into before now.

Mr. Byers asked did he expect any opposition from the State Police.  Mr. Garrett said his office had a great relationship with the State Police and he didnt think it would be a problem unless they had a directive from higher up to tell them not to.

Mr. Harper asked Mr. Lintecum to follow up with the Commonwealth Attorneys Office.

Mr. Garrett said if the Board had a County Attorney that had experience prosecuting cases that wanted to prosecute the DUIs under County Code that would be fine with him.  Mr. Garrett said he enjoyed prosecuting DUIs.

Sheriff Ashland Fortune said the only thing that would change would be that deputies would have to put the appropriate state code on their paperwork.

CITIZENS INFORMATION PERIOD

Donnie Shiflett stated he was speaking on behalf of himself and his father.  Mr. Shiflett said he and his father owned land behind Trevilians Elementary School in the Green Springs District.  Mr. Shifflett said it had been eight years since an individual bought land adjoining their property and they have been having problems with an easement.  Mr. Shiflett said the individual had their own easement but had not opened it and had been using the easement that went across the School Boards property that he and his father had been maintaining for 25 years.  Mr. Shiflett said the individual has been damaging the easement.  Mr. Shiflett said he would like to see this stopped.

Mr. Gentry said this issue would be discussed at the School Board meeting on June 3, 2008
.
Mr. Spencer said it was suppose to have been taken care of years ago and it was another thing that was suppose to be taken care of by the County Attorney.


Perry Ward Greens Springs District stated he had a friend who put a sign in his yard.  Mr. Ward said a couple of weeks ago the county made his friend take the sign down because they said it was too big and if he didnt take it down he would be fined.  Mr. Ward said then the county sold him a permit and allowed him to put the sign back.  Mr. Ward said he would like to know which Supervisor brought his property.

Mr. Harper said he would have Mr. Lintecum get in touch with Mr. Ward.

Mr. Bill Martin Jackson District stated he wanted to invite the Board and the public to the grand opening of the Louisa Employment Center at the Sage Building on Saturday June 7, 2008 from 10 a.m. to 2 p.m.  Mr. Martin said the Virginia Employment Commission was there interviewing for a firm in Louisa looking for eighty to ninety employees.  

Mr. Martin said he was frustrated trying to find the Lowes in Zions Crossroads.  Mr. Martin said he entered Lowes into the computer and there was nothing about Zions Crossroads.  Mr. Martin said he then looked at a map and found Lowes in Gordonsville.  Mr. Martin said he just wanted to thank the Board for putting the Louisa Lowes in Gordonsville.  Mr. Martin said the Louisa Tourism Center was also in Gordonsville.  Mr. Martin said if he wanted to go on a tour in Louisa he had to go to Gordonsville.

Mr. Martin said the opening of the pool was exciting.   Mr. Martin said his two grandchildren were the first in and the last out of the pool.  Mr. Martin said the pool was outstanding even for the folks out in “Holy” Grove.   Mr. Martin said he did not agree with the CV with the thumbs down.  

Mr. Martin said he was anticipating a big jump into the pool
.  Mr. Martin he had been in the county since 1996 and there was a Supervisor elected around that time that said he would be the first in the pool.  Mr. Martin said he was shocked the politician said he was going to do something and did not do it.  Mr. Martin said he understood Mr. Barnes had important business to do that evening but there was still time for him to jump in.  

Mr. Barnes said he wanted to be the first to jump into the pool however that night Louisa High School had senior awards and he was presenting a scholarship.   Mr. Barnes said he would be jumping in at some point.


ADOPTION OF THE AGENDA

Mr. Harper stated he would like to add a resolution recognizing Darren Coffey for his service to Louisa County.  Mr. Harper stated he would like to add a resolution for a grant for the Sheriffs Department that would authorize a purchase from Proline. Mr. Barnes stated he would like to add permission for the Water Authority to transfer funds at Zions Crossroads. Mr. Byers stated he would like to add direction to School Board committee. Mr. Harper stated he would like to add to close session personnel reporting to Board of Supervisors.

        On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, the June 2, 2008 agenda was adopted as amended.

PRESENTATIONS

VDOT Monthly Update
- Jamie Glass, Resident Administrator, provided an update of VDOT activities, which included the following:

Maintenance:

·        Maintenance Crews have been performing the following activities:

o        Installing entrance pipes.
o        Patching operations in preparation of the surface treatment schedule in August.
o        Correcting drainage issues
.
o        Cutting Right-of-Way with Boom-axe tractors.

·        Paving Contractor completed patching operations on Route 208, just south of the Town of Louisa.

·         Secondary Mowing Contractor is scheduled to start mowing the secondary system this week within the Residency.

·        Residency Bridge Crew is currently working on the bridge on Rt. 640 at the creek, between Rt. 208 and Rt. 626 (Evergreen Rd.). They are replacing the   deck and doing superstructure and substructure work.

Land Use:

·        There were 9 sets of plans/plats submitted in the past month to the Residency for review by Residency and District Planning Staff.

Traffic Engineering:

·         Rt. 623 (Chopping Rd.), “School Bus Stop Ahead” signs were installed per a request from the Transportation Director for Louisa County Schools.

·         Rt.  804 (Rock Spring Rd.), the speed limit was posted at 25 mph.

·         Rt. 631 (Windy Knight Rd.), per a Board of Supervisors request, a speed study was performed and based on the results of that study, Traffic      Engineering recommended reducing the speed limit to 45 MPH. The study is now awaiting final approval in Richmond.

·         Rt. 15 just north of Rt. 798 (Liberty Trail) “No Parking” signs were installed at the pull-off in the south bound lane.

·         Interstate 64, WBL, guide signs indicating Zion Crossroads were approved and are scheduled for installation.

·         Rt. 635 (Willowbrook Rd.) Between Rt. 33 and Rt. 661 (Crewsville Rd.), the centerline was painted. Initially it was reported to the Board that the lines    would be painted after the road was surface treated. The reason that they were painted prior to the road being surface treatment was that the truck that    sprays the lines was recently repaired and they needed a test an area to try it out. Since this section was several miles long, Traffic Engineering decided to    use this section to test the paint truck for proper operation. The road will be center-lined again after it has been surface treated later this summer.

Mr. Spencer said he received a call that VDOT would not have a survey crew until August to survey the road in Walnut Woods subdivision.  Mr. Glass said VDOT was working on trying to pull a crew from another district.

Mr. Barnes asked what was the status of Route 649 (Byrd Mill Road).  Mr. Glass said they had to revise the drawings because of elevation issues.  Mr. Glass said they are in the final phase.  Mr. Glass said he would like to see it done by late this fall.

Mr. Byers asked how many secondary roads had 45 mph versus 55 mph.  Mr. Glass said he didnt have the information on hand but he could get it.

Mr. Byers asked what typically drives the request of a speed study.  Mr. Glass said the condition of the roadway, roadsides, and number of pedestrians on the road, etc.  Mr. Glass said several things are considered.  

Mr. Lintecum said
$42,037 was left over from the Rock Spring Road project, and VDOT would like to move that over to the Walnut Woods Road project.

On motion of Mr. Spencer, seconded by Mr. Gentry, which carried by a vote of 6-0-1, with Mr. Byers abstaining, the Board approved to move the remaining balance of $47, 037 from the Rock Spring Road project to the Walnut Woods Road project.

Revenue Sharing Program

Mr. Lintecum said the Revenue Sharing Programs date had changed to August 1, 2008.  Mr. Lintecum said the improvements at the schools entrance would be submitted.

Rural addition project funds

Mr. Lintecum said Spring Hill Road would be added to the list of rural addition for upgrades

Resolution Recognizing Darren Coffey for his service to Louisa County

Mr. Harper read the resolution to Mr. Coffey.

Mr. Wright said he hated to see Mr. Coffey go and he would be missed.

Mr. Gentry said he had the privilege of working with Mr. Coffey as the liaison for the Planning Commission.  Mr. Gentry said a lot was accomplished because of Mr. Coffeys drive, intelligence and his communication skills.

Mr. Havasy said Mr. Coffey was the best Planning Director the county had every seen.   Mr. Havasy said he was very disappointed that for once Fluvanna had out done Louisa.

Mr. Barnes said he was sad that Mr. Coffey was leaving.  Mr. Barnes said he didnt always agree with everything Mr. Coffey did but he always respected him because he always had an answer and it was a logical answer.  Mr. Barnes said Mr. Coffey took the county where it needed to go at the time.  Mr. Barnes said he wished Mr. Coffey the best.

On motion of Mr. Spencer, seconded by Mr. Havasy, which carried by a vote of 7-0, the Board adopted a resolution recognizing Darren Coffey for his service to Louisa County.

OLD BUSINESS

Discussion Permission for Water Authority to move funds at Zions Crossroads

Mr. Barnes said when the Louisa County Board of Supervisors were trying to jump start Zion Crossroads there were businesses that wanted to come but they needed help getting started.  Mr. Barnes said the Board at that time helped by giving them a water hook up.  Mr. Barnes said that was done with the Best Western and Damons.  

Mr. Barnes said the pipe needed for the hookup was only an inch and a half oppose the two inches that was expected.   Mr. Barnes said that left about $37,000 from the initial hookup.  Mr. Barnes said he would like to ask the Board if the $37,000 could be given to the new IHOP in construction.  

Mr. Havasy asked was it the same owner.  Mr. Barnes said yes, it was the same owner on all three parcels.

Mr. Havasy said Mr. Barnes was asking that this Board honor an agreement that a former Board had.  

Mr. Byers asked if this was discussed with the Water Authority.  Mr. Barnes said the owner had discussed this with the Water Authority.  Mr. Barnes said the owner had indicated that Mr. Delk did not have a problem as long as the Board authorized it.  Mr. Barnes said this was not new money just money that was left over.  Mr. Barnes said everything had not been officially turned over to the Water Authority so the Board needed to authorize the transfer of funds.

Mr. Spencer said he thought in January of last year the Board told the County Attorney to give everything over to the Water Authority.  Mr. Spencer said it was a shame when the Board told county employees
to do something it didnt get done.

On motion of Mr. Barnes, seconded by Mr. Spencer, which carried by a vote of 7-0, the Board approved giving permission to the Water Authority to transfer the funds of $37,000 to IHOP in construction at Zion Crossroads.

NEW BUSINESS

Resolution - Supplemental appropriation for County Attorneys Office

On motion of Mr. Barnes, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board adopted a resolution for a Supplemental appropriation for County Attorneys Office.

Discussion EMS coverage

Chief Dube said he has been working with Captain Nuckols from EMSAL and Captain Wilson from Louisa Rescue.  Chief Dube said their primary focus was 911 responses.  Chief Dube said in his two months here it had been evident that adjustments needed to be done to the current coverage.

Chief Dube said he wanted to implement 18 hour overlapping shifts, using his current staff.  Chief Dube said that would give the county career staff medic coverage from 6:00 p.m. to 6:00 a.m. with one crew and 6:00 a.m. to 6:00 p.m. during the week with two crews.  Chief Dube said from Sunday midnight to Friday midnight he would have a career medic crew available.  Chief Dube said the peak days were Friday, Saturday, Sunday and Monday.  Chief Dube said he would put a part time crew on Friday and Monday and the volunteers would try to increase their staff for Saturday and Sunday.  

Chief Dube said there have been lengthy incidences of response times, which cause the need for more coverage.  Chief Dube said EMS has had to call for mutual aid on a number of occasions.  

Chief Dube said it would be in the best interest of the county to go to 24 hours seven days a week career staff coverage.  Chief Dube said the personnel was already approved in the budget and he just needed the Boards approval to move ahead with the hiring process.  Chief Dube said he and EMSAL were working together to see how it would be implemented.  Chief Dube said there was a time lag between getting them hired and getting them on the streets.  Chief Dube said having a constant 24/7 coverage for the career staff would allow the volunteers to get additional training, which requires for them to ride along with the career staff.  Chief Dube said training together has proven to help with the integration of career and volunteer personnel.  Chief Dube said having constant career staff would allow the county to rotate coverage.  

Chief Dube said they decided on a structure that would not be just a burn building but would allow for multiple training opportunities.  Chief Dube stated they were in the process of getting a grant.  Chief Dube said he was notified that the Fire Services Board wanted him to come do a presentation in August.  Chief Dube said the $245,000 that the Board approved was already more then 50 percent of the cost of the project.  

Chief Dube said he, EMSAL and the Fire Association were establishing a staffing working group, which would consist of representatives from all sides.  Chief Dube said they would determine how much personnel would be needed and where they would need to go.

Chief Dube said he wanted to look at ways to increase the volunteer membership. Chief Dube said he was going to reorganize the staff he has now and by doing that he could more efficiently service the county.

Chief Dube asked the Board to approve the implementation of 18-hour shifts for 24/5 coverage and work towards getting the personnel hired to work towards the 24/7 coverage.

Captain Nuckols said in Chief Dubes short time here he had enjoyed working with him.  Captain Nuckols said they have gotten more done in the last couple of weeks then in the last five years.  Captain Nuckols said he wanted to thank the Board and as a whole EMSAL voted in support of this.  Captain Nuckols said he hoped the Board would support this.

Mr. Harper said of all the things Chief Dube touched on, the most important was working together and that was what it would take to make it happen.

Captain Nuckols said his daughter asked him what had changed because he was first not in favor of the 24/7 and he said he told her it came to communicating and working together.  

Mr. Gentry said the county had 24/7 coverage now but they would just be increasing the career medics.  Chief Dube said that was correct.

Mr. Byers asked was there a way to track the peak call volume.  Chief Dube said the peak call volumes were on Friday, Saturday, Sunday and Monday from 8:00 a.m. to 11:00 p. m. at night. Chief Dube said with the current CAD system he could not always get good information.  Chief Dube said the new CAD system would be going on
line at the end of the summer and would allow them get the needed information.

Mr. Barnes said Chief Dube impressed him with his willingness to work together and that was what it was going to take.

Mr. Spencer said in March of last year the EMS Coordinator was suppose to get the money for the fire building and the ball was dropped and the county was out $400,000 plus.  Mr. Spencer said he was absolutely amazed that Chief Dube was only here two months and was able get all this done.   Mr. Spencer said it was good to have someone on county staff that was willing to do their job.  Mr. Spencer said for Captain Nuckols to come after all that had happened, spoke volumes for Chief Dube.


On motion of Mr. Spencer, seconded by Mr. Havasy, which carried by a vote of 7-0, the Board approved the implementation of 18 hour shifts for 24 hour five days a week coverage and to initiate the hiring of five additional personnel.  

Resolution - authorizing a purchase from Proline

On motion of Mr. Wright, seconded by Mr. Spencer, which carried by a vote of 7-0, the Board adopted a resolution to authorize a purchase from Proline.

COMMITTEE REPORTS

Mr. Wright said on June 19, 2008 subject to approval the Workforce Council would be changing their fiscal and administrative agents from the Thomas Jefferson Planning District Commission to the Thomas Jefferson Economic Development.   Mr. Wright said the agent would be changed because TJED was a more fitting group and they were more involved with the business community.  Mr. Wright said if the contract was successful on June 19, 2008 then that would take effect July 1, 2008.

Mr. Gentry said he went to a JABA recognition cookout on May 23, 2008.  Mr. Gentry said JABA presented the Board of Supervisors with a certificate in recognition of the Boards service to them. Mr. Gentry presented the certificate to Mr. Harper.  Mr. Gentry said the volunteer hours given to JABA were worth $75,000.

Mr. Gentry said Saturday, June 14, 2008 was Relay for Life and the opening ceremony started at 9:00 a.m.


COUNTY ADMINISTRATORS REPORT

Mr. Lintecum stated the
Board of Supervisors summary of projects June 2008 was included in the packet.

Mr. Gentry said he hoped the Board would see the regional water supply plan before it went to the Planning Commission.  

Mr. Havasy asked what had transpired since the public hearing with the James River Water Project.  Mr. Lintecum said he was preparing to get back with the engineers to take the next step.  Mr. Lintecum said the Board was going to have to negotiate with Fluvanna County.

Mr. Gentry said he wanted the cul de sac at the Betty Queen center added to the list.

PUBLIC HEARINGS

Public Hearing - Amendments to sections of the Louisa County Code, (Chapter 70. Taxation) as they pertain to real estate assessment and Equalization and Board of Equalization for Louisa County.

Ms. Pandak said in 2004 section 70-101 was changed by the Board of Supervisors to have annual reassessment of taxes.  Ms. Pandak said sections 102, 103, 104, 117, 118, 119, 120, 121 and 122 needed to also to be amended by the Board of Supervisors.  

Mr. Harper opened the public hearing.  With no one wishing to speak, Mr. Harper closed the public hearing and brought it back to the Board for discussion.

On motion of Mr. Barnes seconded by Mr. Wright, which carried by a vote of 7-0, the Board amended to sections of the Louisa County Code, (Chapter 70. Taxation) as they pertain to real estate assessment and equalization and Board of Equalization for Louisa County.

Public Hearing - REZ03-08; Crystal A. Norbeck and/or Assigns, formerly Crystal Strong Gilbreth, Applicants/Owners; request rezoning of approximately 7.8944 acres from Residential General (R-2) to Agricultural (A-2).

This request is for the rezoning of approximately 7.9 acres from Residential General (R-2) to Agricultural (A-2).

The property is located in the southwest corner of the intersection of Route 601 (Bumpass Road) and Route 701 (Borden Road), behind the properties directly on the corner.  Jackson voting District.

The application states that the purpose of the request is to ensure the continuation of a small farm located on the property.  The existing Residential R-2 zoning requires a 300-foot setback for agricultural structures from adjoining properties.  This setback may limit future agricultural activity.

In October 2007, the applicant recorded a 21-lot residential subdivision, Borden Meadows, adjacent to the subject property.  This subdivision was allowed “by-right”, under the Residential R-2 and Agricultural A-2 regulations on those properties and is not associated with this request.  Besides the farm use, the applicant stated there are no other intentions for the subject property.  This rezoning request would support that statement.  

The existing Residential (R-2) zoning would allow for additional residential lots.  Since the property is not defined as a parent parcel, the property would not have additional division rights under the Agricultural A-2 zoning classification.

The Comprehensive Plan designates this area of the County as Agricultural/Very Low Density Residential, which would be consistent with the proposed Agricultural A-2 zoning.

There are several agricultural uses in this area of the County, along with low-density residential properties.  The farm precedes the adoption of the 1969 zoning ordinance and is consistent with the general character of the area.
        

Given the farm is intended to stay in operation, there are no additional impacts on traffic, storm water, utilities, schools or public safety.  The farm would continue as before, but without the restriction of the setbacks on agricultural accessory structures.

There were four people, other than the applicant, at the Neighborhood Meeting held on April 9, 2008.  There were several concerns about growth in the area, along with the impacts of those developments.  There was discussion about the Borden Meadows subdivision, adjacent to this site, but there were no comments directly related to this rezoning request.

The Development Review Committee met on April 23, 2008 to review this application.  There were no stated concerns with the request.  After discussion with Staff, the Committee voted 5-0 to forward a recommendation of approval to the Planning Commission.

The Planning Commission held a public hearing on May 8, 2008 at which there was no one present to speak for or against the application other than the applicant.  There were no concerns expressed by the Commission regarding the rezoning request.  A motion was made to forward a recommendation of approval to the Board of Supervisors, which passed 6-0.

The Board may wish to consider the proposed zoning and its relation to the existing uses of the property and those surrounding the site.  

Mr. Byers asked with the rezoning would the property be eligible to be subdivided for a family.  Mr. Cockrell said he believed you could do a family subdivision under A-2.  

Mr. Byers asked would a family subdivision be eligible under current zoning.  
Mr. Cockrell said according to the ordinance, subdivision was allowed in R-1 and R-2 when not located in a subdivision.

Mr. Byers asked Ms. Norbeck if this parcel and the other 21 lots were part of the same parent track.  Ms. Norbeck said she thought they were acquired in multiple partitions dating back to early 1900s.  

Mr. Byers said the initial subdivision concerned the citizens who lived in the area and they wondered if this would be an opportunity to subdivide this more.  Ms.
Norbeck said the goal was to ensure the continuance of a mini farm estate.  Ms. Norbeck said she had spent considerable effort to renovate the farmhouse.  Ms. Norbeck said it was difficult to have livestock with the 300 foot set back required in R-2.  

Mr. Spencer asked Ms. Norbeck if her house was on HGTV.  Ms. Norbeck said no that was her sisters house.

Mr. Harper opened the public hearing.  With no one wishing to speak, Mr. Harper closed the public hearing and brought it back to the Board for discussion.

Mr. Barnes said anytime someone wants to give up R-2 to bring it back to A-2 the Board should entertain it because it did not happen often.  Mr. Barnes said they would be giving up a more valuable piece of property.


On motion of Mr. Byers, seconded by Mr. Spencer, which carried by a vote of 7-0, the Board approved the request for the rezoning of approximately 7.8944 acres from Residential General (R-2) to Agricultural (A-2).

Public Hearing - CUP04-08; Colleen Smith and J. L. Legacy, LLC, Applicants; Albert L. and Colleen Smith, Owners; request the issuance of a conditional use permit for the establishment and operation of a commercial kennel.

Issuance of a conditional use permit for the establishment and operation of a commercial kennel.

The property is located on the east side of Route 701 (Eastham Road), approximately 280 feet south of Noahs Landing Drive.  Jackson voting district.

The applicants request is for a commercial kennel of approximately 6 animals.  The kennels for these animals are within the building.  The applicant also keeps dogs for personal use, which are kept outdoors.  These animals are not part of the request.

Possible impacts may include noise from the animals, though the applicant intends on keeping these animals indoors. This request may create additional traffic to this site, though the applicant states that appointments will be coordinated and by referral only.

There was one person present, besides the applicant, to discuss this request at the Neighborhood Meeting held on April 9, 2008.  There were concerns about noise generated by the animals on the subject property.  

The Planning Commission held a public hearing on May 8, 2008 at which there was no one present to speak for or against the request other than the applicant.  The Planning Commission did not have any stated concerns and a motion was made to send a recommendation of approval, with the following conditions, to the Board of Supervisors, which passed 6-0.

The Board may wish to consider the possible impact on surrounding properties, generated by this commercial kennel. If the use is determined to be appropriate, the following conditions are suggested, along with any others deemed appropriate:

1.        Kennel is limited to six (6) animals, not including puppies less than four (4) months old.

2.        The commercial kennel use is limited to the interior of the main building, except for taking the animals out       for their general health or care.  The outdoor kennels shall only be for private use.

3.        Submission and approval of a site plan in accordance with the Louisa County Site plan regulations prior to       issuance of any building permits (Administrative Review) or submittal within six weeks of CUP approval if       no building permits are required.      

4.        Any outdoor sign shall not exceed six (6) square feet and must be issued a sign permit in accordance with the       Louisa County Sign Regulations.

5.        This conditional use permit is not transferable to a new applicant or property owner.

6.        Violation of any of the above conditions shall be grounds for revocation of this Conditional Use Permit.

7.        The Board of Supervisors or their designated representative reserves the right to inspect the premises at any       time without prior notice.

Mr. Havasy asked what was the main function of the kennel.  Mr. Cockrell said it was for housing and grooming.  

Mr. Byers asked was there already a CUP for the kennels in back of the home.  Mr. Cockrell said no those were for her personal dogs.


Mr. Harper opened the public hearing.  With no one wishing to speak, Mr. Harper closed the public hearing and brought it back to the Board for discussion.

Mr. Barnes said he was going to abstain.  Mr. Barnes said you should not have to use the word commercial in an agricultural district.  Mr. Barnes said there has to be another way to facilitate this without calling it commercial in an agricultural district.  

Mr. Wright said he thought the Board approved a CUP for this location four years ago.  Ms. Smith said he had to be referring to a neighbor because they were not in the county at that time.

On motion of Mr. Byers, seconded by Mr. Wright, which carried by a vote of 6-0-1, with Mr. Barnes abstaining, the Board approved the request of the issuance of a

conditional use permit for the establishment and operation of a commercial
kennel.


Public Hearing Amendments to the Louisa County Code (Chapter 66. Subdivisions and Chapter 86 Zoning) as they pertain to the Resort Development (RD) Zoning District for Louisa County.

In 2006, the County completed efforts to revise the definitions section of its Zoning and Subdivision ordinances.  This amendment provided definitions for all listed uses and expanded the number of uses allowed in the County.  The update also strengthened and clarified our zoning districts, by replacing vague language with clearly defined uses.  This gave the County an ordinance that is stronger legally and easier to understand, from both a staff and citizen perspective.

While updating the ordinance, staff worked with the Planning Commission to fit all existing uses into these new definitions.  Unfortunately, some of the uses previously allowed in the Resort Development District were accidentally left out.  There are other uses that the previous ordinance failed to address but that may be reasonable or desirable for the County under this zoning district.  

Attached are proposed changes to the Resort Development (RD) District, which would correct these errors.  Staff also included changes that appear to be reasonable for this district and that would strengthen the regulations overall.

The Commission held a work session on this topic on April 24.  In their May public hearing, the Commission unanimously recommended approval of the attached amendments.

Mr. Wright pointed out some grammatical errors for Mr. Cockrell to correct.  

Mr. Barnes asked why wouldnt the county allow multi-family dwelling by-right, a site plan would still have to be submitted.  Mr. Cockrell said the site plan would not list what was allowed and not allowed.

Mr. Barnes said he was okay with everything else but he would fight to keep multi-family dwelling by right.  Mr. Cockrell said multi family was discussed in the Planning Commission and it was said that it could be appropriate in some areas and other areas not as appropriate.

Mr. Spencer asked what was section 86-19.  Mr. Cockrell said section 86-19 was the minimum lot frontage.  Mr. Spencer asked would there be a minimum lot frontage if this amendment were approved.  Mr. Cockrell said when there are multi-family developments it would depend on how the lots were configured.

Mr. Spencer said the statement read “may be subject to approval of the Planning Commission” and he said it should have said “are”.  Mr. Cockrell said the Planning Commission did not typically review subdivision submittals.  

Mr. Spencer said the way it was written the Planning Commission did.  Mr. Cockrell said the way that it was written and the way that it was practiced did not match that was the reason for the amendment.  


Mr. Spencer asked if the amendment was scratching out presenting water and sewer lines how can the county say the minimum lot area should be 25,000 feet for lots served by either central water or sewer systems.  Mr. Cockrell said the reason they were scratched out was because they are under the site plan regulations.
 

Mr. Spencer said the amendment was cutting the Planning Commission and the Board of Supervisors out.  Mr. Cockrell said the amendment was consistant with how the county process went.  Mr. Cockrell said it was staff that processed bonds not the Planning Commission.  


Mr. Spencer said he just didnt like that everything was being taken away from the Planning Commission and the Board of Supervisors.  

Mr. Cockrell said everything on section 86-178 that was scratched out were final site plan regulation and were written in two places, so it was taken out there.  

Mr. Wright said in section 86-177 (b) the Planning Commission was still there.  Mr. Wright said that showed the Planning Commission and Boards involvement.

Mr. Harper opened the public hearing.  With no one wishing to speak, Mr. Harper closed the public hearing and brought it back to the Board for discussion.

Mr. Barnes said he supports the framework the planning staff had done.  Mr. Barnes said he would like the multi-family of a RD development be given by-right.

Mr. Gentry said he sat with the Planning Commission and they took their time and went through each item.

Mr. Coffey said most of the amendments if not all would be to Chapter 86 not Chapter 66.


Mr. Coffey said the current RD does allow multi-family by-right.  Mr. Coffey said the Planning Commission felt it would be better to have a larger amount of control over that.  Mr. Coffey said a CUP would be processed and approved at the same time.
 

Mr. Byers asked did this lessen any responsibility the Planning Commission or the Board would have in making a determination.   Mr. Coffey said it did not eliminate the reality of the opportunity; it streamlines the process to make it conform to current practices.

Mr. Spencer asked if the lot size was cut.  Mr. Cockrell said the lot size was not changed, another scenario was added.

Mr. Wright said he would rather see the multiple dwelling stay in the required because it was a new concept for Louisa County.

On motion of Mr. Havasy, seconded by Mr. Wright, which carried by a vote of 6 -1, with Mr. Spencer voting against, the Board approved the amendment to the Louisa County Code (Chapter 66.  Subdivisions and Chapter 86 Zoning) as they pertain to the Resort Development (RD) Zoning District for Louisa County.


Public Hearing Amendments to the Louisa County Zoning Ordinance (Chapter 86) regarding the minimum lot width requirement at the building setback line as it relates to the following sections:

- Section 86-62.6 Frontage; minimum lot width (A-1)

- Section 86-65.6 Frontage; minimum lot width (A-2)

Please find attached proposed amendments to the Louisa County Zoning Ordinance regarding clarification of the minimum lot width requirement at the building setback line as it relates to the following sections:

-        Section 86-62.6 Frontage; minimum lot width (A-1)

-        Section 86-65.6 Frontage; minimum lot width (A-2)

This information was discussed at the March 27, 2008 Planning Commission work session, at which time Staff was advised to advertise for the public hearing on these items.  The Commission held their public hearing in May, where they unanimously recommended approval for the attached amendments.

Mr. Wright said he and Mr. Barlow spent some time looking at actual lots.  Mr. Wright said because of the way it was worded you could put a house 100 to 200 feet off the road and it met all the setback requirements.   Mr. Wright said the wording and the way it would be computed you may have to set the house 2,000 feet back just meet the other requirements.  Mr. Wright said there was a man that was going to have to put his house 2,500 feet back just because of the width.

Mr. Harper opened the public hearing.  With no one wishing to speak, Mr. Harper closed the public hearing and brought it back to the Board for discussion.

On motion of Mr. Wright, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board Amended the Louisa County Zoning Ordinance (Chapter 86) regarding the minimum lot width requirement at the building setback line as it relates to the following sections: - Section 86-62.6 Frontage; minimum lot width (A-1) and - Section 86-65.6 Frontage; minimum lot width (A-2).

COMMITTEE REPORTS

Direction for the School Board Committee

Mr. Harper said an email was sent out that concerns be communicated to Mr. Byers and Mr. Gentry.  

Mr. Gentry said they needed items the Board wanted to be the discussed with the Schools.  

Mr. Barnes said he would like to see both Boards come up with a staffing formula that help take some of the guessing out of the budget process.

Mr. Harper said not to wait until the Board meeting to give to committee members items to be discussed.


CONSENT AGENDA ITEMS

Resolution - to approve a supplemental appropriation for funds raised for tourism special events

        On motion of Mr. Barnes, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board adopted a resolution to approve a supplemental appropriation for funds raised for tourism special events.

CORRESPONDENCE

Mr. Gentry said he would like a thank you letter sent to Thomas Jefferson Soil and Conservation for all they do for the county.

APPROVAL OF BILLS

Mr. Byers asked were there sufficient appropriations to cover the bills.  Mr. McLeod said yes there was.

On motion of Mr. Barnes, seconded by Mr. Wright, which carried by a vote of 6-0, with Mr. Havasy being absent, the Board adopted a resolution approving the bills for the second half of May 2008 for the County of Louisa in the amount of $ 576,368.14.

*Mr. Havasy was not present.

Mr. Barnes said he wasnt sure if he made a public disclosure that his wife was a teacher at the High School when the Board passed the School budget.

Mr. Lintecum said there would be an appropriation and Mr. Barnes could do it at that time.

CLOSED SESSION

On motion of Mr. Barnes, seconded by Mr. Wright, which carried by a vote of 7-0, the Board voted to enter Closed Session at 7:50 p.m. for the purpose of discussing the following:  

1.      In accordance with §2.23711 (A) (1) VA Code Ann., for the purpose of discussing personnel/employees reporting directly to the Board of Supervisors.

2.       In accordance with §2.23711 (A) (1) VA Code Ann., for the purpose of assignment performance of members of Board of Supervisors.

3.       In accordance with §2.2-3711 (A) (5) VA Code Ann., for the purpose of discussing a prospective business or industry (or the expansion of an existing business or industry) where no previous announcement has been made of the business or industrys interest in locating (or expanding) facilities in the community.

4.       In accordance with §2.23711 (A) (7) VA Code Ann., for the purpose of consultation with legal counsel on actual or probable litigation (specific legal matters requiring the provision of legal advice by counsel).

REGULAR SESSION

On motion of Mr. Spencer, seconded by Mr. Wright, which carried by a vote of 7-0, the Board voted to return to Regular Session at 9:53 p.m.

RESOLUTION - CERTIFICATION OF CLOSED SESSION

On motion of Mr. Spencer, 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 2nd day of June 2008, 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 2nd day of June 2008, 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.

Mr. Spencer stated he would like to make a motion for the Board to authorize Ms. Pandak to proceed with an appeal of the Board of Equalizations rulings on the Purcell properties.  Mr. Wright seconded the motion.  Mr. Harper requested a roll call.

PRESENTVOTE
Fitzgerald A. Barnes No
Jack T. Wright Yes
P.T. Spencer, Jr. Yes
Willie L. Harper Yes
Willie L. Gentry, Jr. No
Dan W. Byers Yes
Richad A. Havasy Yes

With the votes reflecting 5-2, the motion passed to approve authorizing Ms. Pandak to proceed with an appeal of the Board of Equalizations rulings on the Purcell properties.

Mr. Harper said by appealing the Board would be buying more time because the window of opportunity was very tight. Mr. Harper said the appeal would keep options available to the Board.

ADJOURNMENT

On motion of Mr. Spencer, seconded by Mr. Wright, which carried by a vote of 7-0, the Board voted to adjourn the June 2, 2008 meeting at 9:58 p.m.



BY ORDER OF


________________________________
WILLIE L. HARPER, CHAIRMAN
LOUISA COUNTY BOARD OF SUPERVISORS
LOUISA COUNTY, LOUISA, VIRGINIA