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JUNE 6, 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

*Fitzgerald Barnes left at 7:00 p.m.
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 June 6, 2005 regular meeting of the Louisa County Board of Supervisors to order at 5:00 p.m. Mr. Harper led the invocation, followed by the Pledge of Allegiance to the flag.

APPROVAL OF BILLS

Chairman Barnes pointed out that the County spent $90,000 in the month of May on At Risk Youth. Chairman Barnes expressed the importance of notifying the courts of the expenses that have been incurred. Mr. Harper questioned whether any tracking is done on this process to know what they get in return for the monies spent.

Ernie McLeod, Deputy County Administrator, replied that he would check with Paul Oswell, Louisa County Department of Social Services Director, to verify this information and report back to the Board.

Mr. Gentry said that he would like to abstain from a reimbursement check pertaining to him for mileage reimbursement.

On motion of Mr. Wright, seconded by Mr. Jennings, which carried by a vote of 7-0, with Mr. Gentry abstaining from a reimbursement check pertaining to him, a resolution was adopted approving the bills for the second half of May 2005, for the County of Louisa in the amount of $461,368.46.

CONSTITUTIONAL OFFICERS

Sheriff Fortune provided an update to the Board on the activities that took place in the Sheriffs Department during the month of May. Sheriff Fortune identified the amount of warrants, civil papers, and traffic summons that were served during this time. He went on to state the amount of calls that they received for the month and the types of calls they responded to.

CITIZENS INFORMATION PERIOD

William Shifflett, Louisa District, informed the Board that he was here this evening to speak with them about the road that the County took twenty years ago for Trevilians Elementary School. Mr. Shifflett said that he owns 17.5 acres behind the school, which he is unable to do anything with because he has not received any paperwork. Mr. Shifflett said that the School Board has granted permission to a gentleman to use this road and he would like to know why this has happened.  

In response to Mr. Shiffletts concern, Mr. Purcell said that he would work with him regarding this issue and report back to the Board. Chairman Barnes asked Pat Morgan, County Attorney, to work with Mr. Purcell and Mr. Shifflett to get this issue resolved.

Gerald Harlow, Green Springs District, informed the Board that he was here this evening to speak with them about the monument that is located in front of the Courthouse. Mr. Harlow reminded the Board that he had asked them six months ago to agree to pay 20% of the costs to clean the monument and to support a resolution for them to apply for a grant. Mr. Harlow said that they have since been trying to get the money together to have the monument cleaned, but have been told that no one knows who owns the monument. Mr. Harlow said that the monument was given to the citizens of Louisa County on August 17, 1905. Mr. Harlow provided the history of the monument and the past involvement of a previous Louisa County Board of Supervisors. Mr. Harlow said that for five years they have been planning a 100th anniversary celebration of this monument, which they have done everything possible in trying to get the monument taken care of. Mr. Harlow informed the Board that he has contacted the only three firms that the University of Virginia could find to preserve the monuments, which only one provided a bid at $8,185.00. Mr. Harlow said that they would have to add $2,000 to the bid if they want to have the mortar matched exactly. Mr. Harlow said that their celebration is scheduled for August 20, 2005 and that they would like to have the monument restored by this time. In closing, Mr. Harlow urged the Board to spend the funds necessary to restore the monument.

ADOPTION OF THE AGENDA

Mr. Purcell said that he would like to add the Trevilian Station Battlefield Foundation as a topic for discussion to the agenda along with the restoration and ownership of the civil war monument.

Dr. Morgan said that he would like to add the recycling center policies as a topic for discussion to the agenda.

Mr. Gentry said that he would like to propose that the Board consider a resolution recognizing Larry Lewis, Jouett Elementary School Principal, for his thirty-four years of service to the County.  

        On motion of Mr. Wright, seconded by Mr. Purcell, which carried by a vote of 7-0, the June 6, 2005 agenda was adopted as amended.

PRESENTATION

Resolution - Recognizing Steve Allen Bennett for His Twenty-Five Years of Service to Louisa County

Lee Lintecum, County Administrator, read the resolution for all to hear. Chairman Barnes presented the resolution to Steve Bennett on a plaque.

On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, a resolution was adopted recognizing Steve Allen Bennett for his twenty-five years of service to Louisa County.

Presentation of Volunteer Recognition Plaques

Mr. Wright and Mr. Gentry presented resolution plaques to Marilyn Root for her John O. Von Hemert Award and Gail Chiles for her Youth Volunteer Spirit Plaque. Mr. Wright read the resolution for all to hear. The Board extended their appreciation to these individuals for all of their hard work and dedication.

Larry Lewis Jouett Elementary School Principal

Mr. Gentry said that Mr. Lewis has decided to retire after thirty-four years of service with his current position of Principal at Jouett Elementary School, which he has done an amazing job. Mr. Gentry said he would like to have the Board recognize Mr. Lewis with a resolution.

On motion of Mr. Gentry, seconded by Mr. Wright, which carried by a vote of 7-0, a resolution was adopted recognizing Mr. Larry E. Lewis for his thirty-four years of service to the County of Louisa.

VDOT Updates - Milton Thacker, Resident Engineer

Milton Thacker, VDOT Resident Engineer, informed the Board that Jamie Glass has been promoted within VDOT from the Transportation Operations Manager to the Assistant Resident Engineer and introduced Mr. Glass. Mr. Thacker summarized VDOTs current maintenance activities to the Board as resurfacing and patching Route 759 (Rollins Lane), addressed Mr. Wrights concerns with the exception of one item, verified that the Stop Ahead sign was placed on Route 618 (Belsches Road) as it intersects with Route 601 (Bumpass Road), and the maintenance crews have moved mowing operations to secondary roads. Mr. Thacker identified VDOTs current construction activities and said that the bridge on Route 799 (Beaver Dam Road) is continuing to progress well, crews began operations on Route 750 (Land End Road) and anticipate paving this road this summer, the paving crews are scheduled to return in early June, and the overlay operation on Interstate 64 that had been delayed will proceed soon. Mr. Thacker said that he and Mr. Glass are in the process of scheduling a meeting with the District Traffic Engineer to review a process to manage locally the increased number of requests for speed reductions throughout the residency.

The Board thanked Mr. Thacker for his presentation with Mr. Wright expressing his disappointment about Mr. Phillip Shucet resigning from VDOT. Mr. Gentry extended his appreciation for the reflectors that were added to Route 522.

NEW BUSINESS

Budget Overview

Mr. McLeod identified the Operational Budget as being $61,434,270, which is $82,818 less than what they had at the public hearing due to changes that were made with Social Services and the Health Department. Mr. McLeod pointed out that this does include the reserve additional costs for the security at the Courthouse. Mr. McLeod identified the Capital Budget as being $5,039,284, which is $15,000 less that what they had at the public hearing due to changes that were made for the Sheriffs Department and an update to the cost of the Administration Building after receiving estimates.

The Board discussed this topic in great detail with Mr. Wright questioning what impact it would have if they were to reduce the real estate tax rate to $0.65 rather than the $0.66 that has been proposed. Dr. Morgan said that he understood from a previous meeting that they would be receiving around $6,000 per household for water and sewer connection fees in the Zion Crossroads area, which he understands is somewhat up in the air at this time. Dr. Morgan said that he would like to have some of this money channeled back into the budget to help cover the costs of the infrastructure in the Zion Crossroads area. Dr. Morgan said that having this additional revenue should allow them to reduce the real estate tax to $0.65. Mr. Purcell said the he believes that it would be fiscally irresponsible if the Board were to cut the real estate tax any further due to issues they are facing. Chairman Barnes said that he feels that the $0.04 real estate tax decrease is sufficient due to the challenges that the Board is currently facing with lawsuits and other issues.

In response to the Boards question, Mr. McLeod said that when he looked at the budget cuts that he has made for the Operational Budget totals around $135,000, so the balance he would have to look at cutting out of the Capital Budget. Mr. McLeod said that reducing the real estate tax could have an impact of $400,000 on the revenue.  

A. Resolution - Set the Tax Levy for Fiscal Year 2005 2006 Real Estate

On the motion of Mr. Purcell, seconded by Mr. Jennings, which carried by a vote of 4-3, with Messrs Harper, Wright, and Dr. Morgan voting against, a resolution was adopted setting the tax levy for Fiscal Year 2005 2006 for real estate at $0.66 per every $100.00 of assessed value under Section 58.1-3200, Code of Virginia, which includes mobile homes.

B. Resolution - Set the Tax Levy for Fiscal Year 2005 2006 for Personal Property, Merchants Capital, and Machinery & Tools

On the motion of Mr. Purcell, seconded by Mr. Gentry, which carried by a vote of 7-0, a resolution was adopted setting the tax levy for Fiscal Year 2005 2006 per every $100 of assessed value under Section 58.1-3500, Code of Virginia, tangible personal property at $1.90; Section 58.1-3507, Code of Virginia, Machinery and Tools at $1.90; Section 58.1-3509, Code of Virginia, at $0.65; and Section 58.1-3500, Code of Virginia, aircraft at $0.48.

C. Decision and Approval of Fiscal Year 2005 2006 Operating and Capital Budget for the County and the School Board Budget by Category

The Board discussed the budget further with Dr. Morgan expressing the need to begin planning for paid fire and rescue personnel. Dr. Morgan said that he believes they need to consider EMS billing as many surrounding localities are shifting in this direction and he would like to have this further investigated. Mr. Gentry identified what he felt were positive highlights in the budget of keeping teachers and deputies salaries competitive with surrounding localities, supporting the new elementary school, continuation of infrastructure needs in the Zion Crossroads area, support of JABA for the elderly, support for the library, tax relief for the elderly, support of the services offered through Parks and Recreation, and their attempt to reduce the real estate tax rate. Mr. Gentry said that he is disappointed with the School Board Budget due to the amount of additional positions that were requested even though the states incentive only required eight new positions for them to be in compliance, the increased salary for the Superintendent, and for the amount of effort he sees them putting forth in the lack of being conservative with the budget. Chairman Barnes reiterated the positive attributes of the proposed budget and identified some of the expenditures that the Board faces due to unfunded mandates. Chairman Barnes expressed the need to have a better health benefit package for all of the employees.

On motion of Mr. Purcell, seconded by Mr. Jennings, which carried by a vote of 7-0, a resolution was adopted approving the Fiscal Year 2005 2006 Operating and Capital Budgets for the County and the School Board Budget by category as it was presented for the Operating Budget at $61,425,130 and the Capital Budget $5,039,284 for a total amount of $66,464,414.

Resolution - Awarding Water Authority Contract - Bar Delk

Bar Delk, Louisa County Water Authority Director, informed the Board that on May 17, 2005 the Water Authority had accepted bids for the section of water and sewer lines that connects part of Spring Creek over to the Glass property on the other side of I-64. Mr. Delk outlined the details of the work that would be completed and said that the lines would go under I-64. Mr. Delk said that the bids ranged from $888,555 to $1,073,000.

The Board discussed this topic in great detail with Mr. Gentry asking if this amount was strictly just for the boring under I-64 or if it included the lines as well. Mr. Wright said that he would like to know what is required for insurance since this is such a hazardous job. Dr. Morgan said that when they initially had estimates of what the bids would be for the overall boring, as well as putting in the lines into Route 15/250 intersection, he thought the amount was less than what this amount is reflecting for a portion of the work. Dr. Morgan asked Mr. Delk what he thought the remainder of the costs would be to get the infrastructure to Route 15/250.

In response to the Boards questions, Mr. Delk replied that the lower amount covered the lines as well as the boring. Mr. Delk said that the contractors are required to carry specific policies on their own, which they would secure a bond for being on the property. Mr. Delk said that when they reviewed this several years ago, they had no idea that they were going to run into wetlands, which this amount reflects for the conservation easement. Mr. Delk said that he would estimate an additional $800,000 to run the lines to this point.

On motion of Dr. Morgan, seconded by Mr. Gentry, which carried by a vote of 7-0, a resolution was adopted to approve the awarding of the Water Authority Contract to Godsey & Son, Inc. at a cost of $888,555.00 for the Zion Crossroads Water System and Sanitary Sewer System Improvements.

Resolution - Awarding LP Gas Contract - Pat McWilliams

Pat McWilliams, Director of Public Works, informed the Board that he has included a resolution for their consideration to award a two-year contract for propane gas. Mr. McWilliams said that the current contract expires June 30, 2005.

The Board discussed this topic in great detail with Chairman Barnes asking if the School Board and the County bid this contract together.

In response to the Boards questions, Mr. McWilliams replied that the motor fuel bid is a single bid by the School Board that covers both entities, but the County entertains the propane heating gas since the schools run on natural gas.

On motion of Mr. Gentry, seconded by Mr. Purcell, which carried by a vote of 7-0, a resolution was adopted awarding a two-year contract to Blossman Gas, Inc. for liquefied petroleum gas service at a fixed price of $1.193 per gallon from July 1, 2005 through June 30, 2007.

Resolution - Virginia Public School Authority Refunding

Mr. Lintecum informed the Board that this request is similar to the one they received last year that they used to purchase the property with. Mr. Lintecum said that the schools would be receiving $20,304.83. Mr. Lintecum pointed out that he has included a letter from Halsey Green, School Finance Director, which reflects what their intentions are for these funds.

On motion of Mr. Wright, seconded by Mr. Purcell, which carried by a vote of 7-0, a resolution was adopted to appropriate the VPSA Bonds to the Louisa County School Capital Projects Fund in the amount of $20,304.83.

Resolution - Appropriation to the Sheriffs Office for the Local Law Enforcement Block Grant

On the motion of Mr. Jennings, seconded by Mr. Gentry, which carried by a vote of 7-0, a resolution was adopted for the appropriation to the Sheriffs Office for the Local Law Enforcement Block Grant in the amount of $769.00.

Trevilian Station Battlefield Foundation

Mr. Purcell referred to the letter that he sent to the Trevilian Station Battlefield Foundation on May 18, 2005. Mr. Purcell explained that he sent this letter due to the articles that have been printed in the paper and the question came up about how the monies that the County had appropriated for the purchasing of property were being used and the intent of the foundation. Mr. Purcell said that after speaking with several individuals from the foundation, he has been invited to attend their next meeting along with the rest of the Board, which will be held on June 16, 2005 at 7:30 p.m.

Courthouse Civil War Monument

Mr. Purcell said that he wanted to discuss this topic for a couple of reasons with one being the rights and obligations of the Board taking care of the civil war monument. Mr. Purcell said that he spoke with Nelson Smith regarding this issue, which he explained the history of the monument to him. Mr. Purcell said that he has thought about this issue a lot and would like to have approval from the Judge because he has always been told that he has purview over the Courthouse grounds. Mr. Purcell said that he does not have a problem assuming ownership of the monuments to take care of them and administering the proper maintenance, however, he wants them to be owned solely by the County in order for the County to take care of them.

The Board discussed this topic in great detail with Mr. Wright expressing his concerns about this topic being addressed at this time since the Building and Grounds Committee still has not finished researching all of the material. Mr. Wright asked Mr. McWilliams if he had heard back from any of the individuals that he requested information from. Dr. Morgan said that he believes that they should delay allocating any funds until they have proven ownership. Mr. Gentry asked Mr. McWilliams what the likelihood would be that they would have any further information on this by next month. Mr. Purcell said that he would like to bring this to some sort of resolution, but he doesnt want to interfere with the work of the Building and Grounds Committee.  

Mr. McWilliams replied that he has spoke with several individuals pertaining to this matter, which they are having problems finding any documentation that reflects ownership. Mr. McWilliams said that the County records from this time frame are extremely sketchy and it has been difficult to find anything about the monument.

Mr. Gentry said that if there were going to be a celebration taking place in August 2005 for this monument, then he would like to see the Board move forward with having the work done. Mr. Gentry made the motion to authorize the maintenance of the statue. Mr. Purcell said that he would second this motion if it were proven that the County owns the monument to insure they are spending the money wisely. Dr. Morgan seconded the motion. Mr. Wright asked Pat Morgan, County Attorney if the County can just claim that they own this statue.

In response to Mr. Wrights question, Mr. Morgan said that they could go through the state archives to see if there had been anything recorded for the monument.

Dr. Morgan said that he would find it difficult to perceive that there would be a group that would come forward and claim ownership as a means to pay for maintenance in the future and he doesnt believe that this is a liability issue in the County. Chairman Barnes said that the only way he could support this is if the County owns it since they would be using tax dollars to take care of it. Mr. Jennings said that he would like to give the committee more time to work on this and report back to the Board at their next meeting. Mr. Gentry tabled his motion until the next meeting along with Dr. Morgan for his second to the motion.

Recycling Centers  

Dr. Morgan said that he has received several complaints from constituents about traveling to the recycling centers and the refuse containers are full when they get there. Dr. Morgan said that he believes that this is one of the most visible services that the County provides. He said that he has discussed this with Mr. McWilliams who assured him that the contractors are notified when the containers are 70% full and they have twenty-four hours to turn this around. Dr. Morgan said that he would like to have them look at other possibilities to improve the availability of these containers due to the distance that individuals travel to dump their trash. He said that he would like to decrease the amount of time that the recycling centers are closed due to full containers. Dr. Morgan asked for Mr. Gentrys agreement to look into this issue some more to find out how often it happens and to possibly bring some recommendations back to the Board to decrease that frequency.

Mr. McWilliams explained to the Board that these sites were designed to handle 2,500 customers, which the average site is now handling 3,200 customers. Mr. McWilliams said that the original contract was negotiated when they had fewer users. Mr. McWilliams said that the County would need to have 11.5 sites to be within the design limitations of the sites with a single compactor at each one, which they currently have nine.

The Board discussed this topic with Mr. Wright asking if it would be more efficient to contact the contractor when the refuse containers are at 50% capacity rather than 70%. Mr. Gentry questioned if this was an ongoing problem at all of the sites.

In response to the Boards questions, Mr. McWilliams explained that the contractor keeps a log when they are called and the sites have to notify him upon reopening. Mr. McWilliams pointed out that the contractor typically responds within three hours if weather is permitting. Mr. McWilliams said that there is money in the budget to build an additional site. Mr. McWilliams said that this primarily happens at the Hollygrove site, Wares Crossroads during the summer on weekends, and intermittently at the Green Springs site and the Trevilians site.

Resolution - Set Meeting Dates for the Months of July and August

On the motion of Mr. Wright, seconded by Dr. Morgan, which carried by a vote of 7-0, a resolution was adopted to establish the meeting dates in July and August 2005 to only hold one regular Board of Supervisors meeting during these two months on July 5, 2005 and August 1, 2005; therefore canceling the second regular Board of Supervisors meeting during these two months.

COMMITTEE REPORTS

Mr. Gentry said that he would like to comment on the Relay for Life Cancer Society activities that took place this past weekend. Mr. Gentry said that there were a total of thirty-one teams that participated with over 400 members on those teams. Mr. Gentry said that they generated over $62,000 in funds, which exceeded their goal. Mr. Purcell extended his appreciation to Mr. Gentry for the outstanding job that he did with organizing this event. Dr. Morgan said that he actually deals with this process on a daily basis and it is not just the survivors and the caregivers that factor into this process. Dr. Morgan said that he believes that the community support is essential in helping these individuals out. Mr. Wright said that this was only the second year that they held this event in Louisa County, which they doubled the amount of funds that were generated.

Dr. Morgan said that he would like to make a comment about EMSAL. Dr. Morgan said that the Thomas Jefferson EMS Council has awarded Louisa County an honor for its response of the school bus incident. Dr. Morgan said that he would like the Board to review a copy of this and recognize the individuals that were involved with this.

Mr. Lintecum informed the Board that he would be introducing the medics to them at their next meeting.

Dr. Morgan said that he would like to report on the Communications Committee. Dr. Morgan said that the radio policy has been reviewed by EMSAL. Dr. Morgan said that it was not reviewed at the last Fire Association meeting, so it is going to be delayed in terms of getting back to the Communications Committee, which has to be discussed by them once the other two bodies have given their approval.

BOARD APPOINTMENTS

        The Board did not appoint anyone to a committee or commission during this meeting.

COUNTY ADMINISTRATOR REPORT

Mr. Lintecum presented his report highlighting the following items:

Mr. Lintecum informed the Board that Anthony Carter, Code Enforcement Officer has tendered his resignation to take a position with Virginia Land and Lakes.

Mr. Lintecum informed the Board that he has included a letter in their package from the Town of Louisa regarding the resolution they adopted regarding a need to possibly negotiate some capacity from the County to the City and asked who they would like to have the information forwarded to.

The Board determined that this should be forwarded to the Public Works Department.

Mr. Lintecum informed the Board that he has included a letter from an attorney regarding the Regional Jail pertaining to some easements on property that they have determined zoned by the member jurisdiction of the Regional Jail. Mr. Lintecum said that it was his understanding that they did not have a problem with granting the sewer line easement, but they did not feel that they had the authority to do so. Mr. Harper confirmed that they had the proposal reviewed and compared to any possible future chances that it would be done with another part added since there is only room for one more. Mr. Harper said that this is to accommodate some people on the property so it can get some gravity flow rather then being pumped in. Mr. Harper said that they have to hold a public hearing on this since this is owned by multiple jurisdictions.

        On motion of Mr. Harper, seconded by Mr. Wright, which carried by a vote of 7-0, the Board agreed to schedule a public hearing for the easement rights to install an additional sewer line for the property adjacent to the Regional Jail.

        On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board appointed Mr. C. Lee Lintecum, as the proxy for the JAUNT stockholders meeting that will be held on July 13, 2005 at 9:45 a.m.

Mr. Gentry expressed the need to fix the airflow system in the Public Meeting Room. Chairman Barnes suggested that they consider holding their meetings at the School Board meeting room in the future.

CONSENT AGENDA

On motion of Mr. Harper, seconded by Mr. Wright, which carried by a vote of 7-0, the Board agreed to adopt the Consent Agenda for the one scheduled public hearing that will be held on July 5, 2005.

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. Purcell, seconded by Mr. Jennings, which carried by a vote of 7-0, the Board voted to enter Closed Session at 6:38 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 potential litigation in the Mineral Voting District.

*Chairman Barnes left the meeting at 7:00 p.m. due to illness.

REGULAR SESSION

On motion of Mr. Jennings, seconded by Mr. Purcell, which carried by a vote of 6-0, the Board voted to return to Regular Session at 7:02 p.m.

RESOLUTION  CERTIFICATION OF CLOSED SESSION

On motion of Mr. Purcell, seconded by Dr. Morgan, which carried by a vote of 6-0, the Board voted to adopt the following resolution:

WHEREAS, the Louisa County Board of Supervisors has convened a Closed Meeting this the 6th day of June 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 6th day of June 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 in Certain Subdivisions; to Add Noahs Landing Subdivision

Mr. Lintecum informed the Board that he had received a letter from Mr. John Romano, Noahs Landing Property Owners Association President, who has requested that Noahs Landing be added to the Louisa County Code Section 14.41, Dogs Running at Large in Certain Subdivisions.

Vice-Chairman Gentry opened the public hearing at 7:04 p.m. With no one wishing to address the Board, Vice-Chairman Gentry closed the public hearing at 7:05 p.m. and brought it back to the Board for further discussion.

        On the motion of Mr. Jennings, seconded by Dr. Morgan, which carried by a vote of 6-0, 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 Noahs Landing Subdivision.

REZ01- 05 / William B. and Sharon MacDonald

Darren Coffey, Community Development Director, summarized the request as being for the rezoning of approximately 2.716 acres from General Commercial (C-2) to Residential General (R-2). He said that the property is located at the intersection of Route 601 (Bumpass Road) and Route 701 (Borden Road) and is in the Jackson Magisterial and Voting District. Mr. Coffey said that this area of strip zoning appears to be the result of the adoption of zoning in 1969 and the assignment of zoning to parcels throughout the County at that time. Mr. Coffey said that the 2001 Comprehensive Plan designates this area of Louisa County as Agricultural. He said that the proposed use of the property is for residential purposes. Mr. Coffey stated that this request for rezoning is not in general accord with the 2001 Comprehensive Plan, however it is a down zoning request. The Planning Commission held a public hearing on April 14, 2005 at which there was no one present to speak for or against the application other than the applicant. Mr. Speer expressed concerns about changing the zoning to Residential General (R-2) in this area based on the surrounding zoning. The Planning Commission voted 5-1 to forward a recommendation of approval to the Board.

The Board briefly discussed this topic with Mr. Wright asking why this was not considered to be in accord with the Comprehensive Plan since there are Agricultural areas that include Residential. Dr. Morgan said that they usually include staff recommendation in the write up, which he does not see in the documents and asked Mr. Coffey what staffs recommendation was for this situation.

Mr. Coffey replied that the Comprehensive Plan is silent in this area, but when it is silent, it is presumed on his part that it refers as Agricultural. Mr. Coffey said that R-1 and R-2 Zoning have a higher intensity than Agricultural. Mr. Coffey stated that it is his policy to not pit Planning Staffs recommendation against the Planning Commissions recommendation. Mr. Coffey said that if he had any issues with the request, then he would note it in his report under concerns.

William McDonald, Applicant, informed the Board that he is making this request due to residential use being prohibited in commercial zoning.

Vice-Chairman Gentry opened the public hearing at 7:12 p.m. With no one wishing to address the Board, Vice-Chairman Gentry closed the public hearing at 7:13 p.m. and brought it back to the Board for further discussion.

Dr. Morgan asked the applicant if he had any other intentions for the property other than to preserve the existing structure that is located there.

Mr. McDonald replied that he didnt have any other intentions.

On motion of Mr. Jennings, seconded by Mr. Wright, which carried by a vote of 6-0, a resolution was adopted approving the rezoning request of approximately 2.716 acres from General Commercial (C-2) to Residential General (R-2) for William B. and Sharon MacDonald for tax map parcels 63-44 and 45.

CUP05-05 / Quarles Petroleum, Inc., Applicants / Wayne L. Poore, Owner

Mr. Coffey summarized the request as being for a Conditional Use Permit (CUP) for the establishment and operation of an unattended automated fuel-dispensing facility. Mr. Coffey said that the property is located in the southeast corner of Route 795 (Zion Park Road) and Route 796 (Crossroads Center), which is located in the Green Springs Magisterial District and the Patrick Henry Voting District. The Comprehensive Plan designates this area of Louisa County within the Zion Crossroads Designated Growth Area for Mixed Use. Mr. Coffey said that the Planning Commission held a public hearing on April 14, 2005 at which they voted 6-0 to forward a recommendation of approval to the Board of Supervisors with ten amended conditions. Mr. Coffey said that the Planning Commission added the verbiage “without a gate” to condition number three and added condition number ten to state that all lighting must be dark-sky lighting.

The Board briefly discussed this topic with Mr. Wright expressing his concerns about the verbiage that was added to condition number three, saying that he feels that it is misleading.

Mr. Coffey explained that the front part of where you access the property is open, but the fencing would be placed on three sides of the parcel that would specifically delineate the use of the business.

Mary Johnson, Belle Surveys, explained that the delineation fence would only run along three sides of the parcel, which would leave the front portion open for access. Mrs. Johnson said that Quarles is a family owned corporation that operates over sixty depots within Virginia, North Carolina, and Maryland. Mrs. Johnson said that this is not a station that is opened to the general public, but to businesses that hold an account with Quarles. In closing, Mrs. Johnson urged the Board to approve the request.

Vice-Chairman Gentry opened the public hearing at 7:24 p.m. With no one wishing to address the Board, Vice-Chairman Gentry closed the public hearing at 7:25 p.m. and brought it back to the Board for further discussion.

The Board discussed this topic in further detail with Mr. Purcell stating that he feels that this is a good plan to him and a good location. Mr. Gentry said that the Planning Commission discussed all aspects of the business and did not feel as though there would be any issues with the request. Dr. Morgan said that he believes that this will help redirect some of the commercial traffic away from the community service areas in the Zion Crossroads area. Dr. Morgan said that he agrees with Mr. Wright that the comment about the fence is misleading and he would like to modify it to reflect that there wouldnt be any fence on the portion of the property fronting on Zion Park Road.  

On motion of Dr. Morgan, seconded by Mr. Wright, which carried by a vote of 6-0, a resolution was adopted approving the request for a Conditional Use Permit for the establishment and operation of an unattended automated fuel-dispensing facility for Quarles Petroleum, Inc with a total of ten conditions that would include the modification to the verbiage on condition number three.

Hazard Mitigation Plan for The Thomas Jefferson Planning District

Bill Wanner, Thomas Jefferson Planning District Commission (TJPDC) Senior Planner, introduced Nicole Gilkeson. Mr. Wanner said that based on their previous discussion, he hopes that the memo that he wrote addresses all of the issues that were raised. Mr. Wanner addressed Mr. Wrights concerns on whether this has to be adopted by the County and what financial benefits it could possibly have if the plan were adopted. Ms. Gilkeson explained that the Disaster Mitigation Act of 2000 made changes that required localities to have an adopted mitigation plan in place in order for them to receive certain types of mitigation funding. Nicole said that without a plan, the County would not be able to receive funding allotted to the state for mitigation actions. Mr. Wanner pointed out that during this process they found one of the highlights to be that there is a Virginia Dry Hydrant Grant Program that the Emergency Services Department could take advantage of. Ms. Gilkeson identified the changes that were made to the plan as requested by the Board during their May 16, 2005 meeting.

Vice-Chairman Gentry said that in reviewing this, it was determined that it was just a plan. He said that this included some things that they were already doing, some that they were thinking about doing, and some that they probably never would do.

Vice-Chairman Gentry opened the public hearing at 7:31 p.m. With no one wishing to address the Board, Vice-Chairman Gentry closed the public hearing at 7:32 p.m. and brought it back to the Board for further discussion.

The Board discussed this topic in great detail with Mr. Purcell asking if this would place any penalties on Louisa County if they fail to meet any of the obligations of the plan that would be relative to one of Louisa Countys wealthier surrounding localities. Mr. Wright asked Mr. Lintecum if he foresees any difficulties tracking the implementation of this internally.  Dr. Morgan said that if this were something that does get approved, he would like to have the Emergency Planning Committee review it frequently to report back to the Board.

In response to the Boards questions, Mr. Wanner responded that Louisa would only adopt the portion that pertains to Louisa County and would not bind them to anything. Mr. Lintecum said that portions of this are already involved with various departments in the County.

        On motion of Mr. Wright, seconded by Dr. Morgan, which carried by a vote of 6-0, the Board adopted the Hazardous Mitigation Plan as it was presented for Louisa County.  

APPROVAL OF MINUTES

        On motion of Mr. Purcell, seconded by Mr. Jennings, which carried by a vote of 6-0, the Board adopted the minutes of May 16, 2005 as amended.

ADJOURNMENT

On motion of Mr. Wright, seconded by Mr. Purcell, which carried by a vote of 6-0, the Board voted to adjourn the June 6, 2005 regular meeting at 7:38 p.m.


BY ORDER OF


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