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Minutes of other Meetings |
Minutes of the Board of Supervisors
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5:00 P.M. 
CALL TO ORDER Chairman Barnes called the July 5, 2005 regular meeting of the Louisa County Board of Supervisors to order at 5:00 p.m. Dr. Morgan led the invocation, followed by the Pledge of Allegiance to the flag. APPROVAL OF BILLS On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, with Mr. Wright abstaining from a check pertaining to Lacy Funeral Home where he is employed, Mr. Jennings abstaining from a check pertaining to his daughter that is listed under Parks and Recreation, and Chairman Barnes abstaining from a check pertaining to Galilee Baptist Church where he is a member, a resolution was adopted approving the bills for the second half of June 2005 for the County of Louisa in the amount of $333,155.26.
CONSTITUTIONAL OFFICERS Sheriff Fortune provided an update to the Board on the activities that took place in the Sheriffs Department during the month of June. 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. In closing, Sheriff Fortune said that Lt. Buck Garner would be testifying on July 25, 2005 for a murder case that involved their bloodhound. CITIZENS INFORMATION PERIOD John Strong, Cuckoo District, expressed his concerns to the Board about the intentions of the Trevilian Station Battlefield Foundation (TSBF) to create a hunting preservation instead of a park as originally planned. Mr. Strong said that he believes this would have a negative impact on both economic development and tourism in the area. On motion of Mr. Purcell, seconded by Mr. Jennings, which carried by a vote of 7-0, the July 5, 2005 agenda was adopted as amended.
PRESENTATION
VDOT Update Milton Thacker Milton Thacker, VDOT Resident Engineer, summarized VDOTs current maintenance activities to the Board saying they have completed the repairs and surfacing projects in the Town of Mineral, mowing of secondary roads, preparing Route 699 (Indian Creek Road) for rural rustic, placed riprap on specific routes, and removed storm debris. Mr. Thacker identified VDOTs current construction activities as having completed the ditching and pipe replacement on Route 750 (Lands End Road) to prepare for paving, overlay operations on I-64, and preparing to install guardrail on Route 799 (Beaver Dam Road) to reopen the road. Mr. Thacker identified VDOTs general activities as working with Bob Gibson, Louisa County Director of Economic Development, on several projects that are under consideration for development, the Enhancement Program for both the Trevilian Station Civil War Battlefield and the Main Street Streetscaping that have both been approved, speed reduction for Route 710 (Johnson Mill Road) from 55MPH to 40MPH, adding speed advisory signs on Route 208 (Courthouse Road) .30 miles north of Route 642 (Old Bickley Town Road) to reflect 45MPH for the curve, and the recommendation of pavement centerline marking for Route 644 (Mount Airy Road) between Route 33 (Jefferson Highway) and Route 605 (Shannon Hill Road) and Route 628 (Fredericksburg Avenue/Bibb Store Road) between Route 22 (East Main Street) to Route 613 Goldmine Road). Rappahannock Juvenile Detention Board Update Stuart Cooke Stuart Cooke, Rappahannock Juvenile Detention Board Representative (RJDB), provided an update to the Board on the recent meeting that was held on May 23, 2005. Mr. Cooke highlighted the items that were discussed during the meeting and provided handouts to the Board reflecting the costs associated with the full service kitchen and a monthly population report for FY 2004 2005. Mr. Cooke informed the Board that the Chairman of the RJDB is resigning. Trevilian Station Battlefield Foundation Chairman Barnes said there is currently a lot of information going back and forth about the TSBF that has been brought to his attention by several constituents. Chairman Barnes said he has always been an avid supporter of tourism, but he envisioned that tourism in Louisa County for the TSBF would allow individuals to see reenactments and a museum. He said he did not see a problem with having multiple uses of the property to allow for tourism as well as hunting or other activities. Chairman Barnes said he understood that the pretense of this project and the Boards support was to continue to increase tourism in the County. Chairman Barnes said that he has received a map of the parcels that are owned by TSBF and that he would like to have a better understanding of the historical significance for each of the parcels that they own. Chairman Barnes expressed the importance of ensuring that there has not been a disservice to the citizens for the funds that have been provided to the TSBF. OLD BUSINESS
Discussion Supplementing the Water Authority Through Water and Sewer Fees and Louisa Towns Request Referring to Sewage Treatment Bar Delk, Louisa County Water Authority Director, stated that during the general meeting of the Water Authority they voted and approved to recommend that part of the connection fees for water and sewer be used as reimbursement towards their operating expenses. Mr. Delk provided a handout to the Board that reflected the water facility fees, the connection fees, and the user rates. Mr. Delk explained they have had to purchase additional vehicles and have been somewhat overwhelmed with the activity that is going on in the Zion Crossroads area. On motion of Mr. Purcell, seconded by Dr. Morgan, which carried by a vote of 7 0, a resolution was adopted to support an engineering study by Dewberry and Davis Engineering for the expansion of the Regional Sewage Treatment Plant to increase the capacity of the plant to 600,000 gallons per day at a cost of $22,980, which would be split equally between the Town of Louisa and the County.
Louisa Town Hall Project On motion of Mr. Purcell, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board agreed to waive the Building Permit Fee for the Town of Louisa for the Town Hall project. NEW BUSINESS
Discussion Sliding Scale Option for Land Use Protection Mr. McLeod explained to the Board that he researched the information, which had been presented by Martha Moore of the Farm Bureau at their last meeting and found that out of the four counties that were mentioned, only Loudoun County, Virginia offers this through two different options. Mr. McLeod described the two options that are offered by Loudoun County with the first one being that in the event of a commitment to hold the property in its qualifying use for more than ten years, but not exceeding twenty years, ninety-nine percent of the use value taxes otherwise assessed may be deferred for the term of the commitment. Mr. McLeod said the second option would be for a commitment to hold the property in its qualifying use for more than five years, but not exceeding ten years; fifty percent of the use value taxes otherwise assessed may be deferred for the term of the commitment. Mr. McLeod said that an official from Loudoun County estimates that 20% of landowners who qualify for these tax deferrals participate in the program. He said that 80% of those who participate in the sliding scale option do so at the 99% tax relief level and the remaining 20% participate at the 50% tax relief level. Mr. McLeod stated that if Louisa County experienced the same level and type of participation as Loudoun County, the tax revenue lost would be approximately $83,045.08. Discussion Current Decal Requirement for Entrance Into Landfill Mr. McLeod identified the criteria that have to be met for entrance into the Landfill. Mr. McLeod said that once the Board implemented the tipping fees and the ordinance that did not allow any out of county waste, policies had to be implemented for individuals to access the Landfill. Mr. McLeod said they have been advising individuals that have expired County decals that they could use the Landfill at that time, but they would need to obtain a valid decal for future use. Mr. McLeod said that he spoke with Mr. Morgan to verify the legality of not allowing residents without a current decal in the Landfill, which he responded that he did not foresee any problems with implementing this requirement. He said the Public Works Committee met to discuss this issue and asked that it be forwarded to the Board for a final decision. Resolution - Amendment to the Louisa County Cafeteria Plan Mr. McLeod explained to the Board that he has included a resolution for the Cafeteria Plan for their consideration to make the necessary changes that is required by the IRS. Mr. McLeod said they have modified the definition of a qualified dependant. On the motion of Mr. Purcell, seconded by Mr. Gentry, which carried by a vote of 7-0, a resolution was adopted to amend the Louisa County Cafeteria Plan to modify the definition of a qualified dependant.
A-2 Subdivision Ordinance Amendments Mr. Coffey explained to the Board that the purpose of this public hearing is for the amendments to the Louisa County Subdivision Ordinance, Chapter 66 and the Zoning Ordinance, Chapter 86 to further clarify, correct, and update the ordinances and bring them into compliance with the State Code of Virginia. Mr. Coffey said that this would include amending the Countys preliminary and final plat administrative processes, clarifying and adding definitions, and adding the Lake Anna Airport into the Airport Zoning section. Resolution - Donation of Vehicle Mr. Lintecum explained to the Board that the Goshen Baptist Association, a 501(3) C Corporation has expressed an interest in utilizing this surplus vehicle for their food program that helps feed people in need. Mr. Lintecum said in the event this vehicle is no longer needed by Goshen the vehicle would be returned to the County. On motion of Mr. Gentry, seconded by Mr. Wright, which carried by a vote of 7-0, a resolution was adopted to donate a 1985 Chevrolet Step Van that is considered surplus to the Goshen Baptist Association until such time that they no longer have use for the same at which time it shall be transferred back to the County.
COMMITTEE REPORTS Mr. Gentry reported to the Board that the Public Works Committee has been working since May on the architect proposal for the aquatic facility. Mr. Gentry said that the Board received a copy of the proposed contract via email and a revised page that was included in their handouts for this meeting. On motion of Mr. Gentry, seconded by Mr. Jennings, which carried by a vote of 6-0-1, with Mr. Wright abstaining, a resolution was adopted to award the contract for the A&E Design of the Aquatic Facility to Gillum Architects in the amount not to exceed $120,000.
Mr. Gentry questioned what the status was on the Board of Zoning Appeals since contact had been made with the Judge. Mr. Harper said he has been attempting to contact a possible appointee and hopes to have a recommendation by their next meeting. Mr. Gentry said he had an individual that was interested in being appointed along with Mr. Wright. Mr. Harper suggested that everyone bring their recommendations to the next meeting to forward to the Judge. The Board did not appoint anyone to a committee or commission during this meeting. Mr. Lintecum presented his report highlighting the following items: Mr. Lintecum informed the Board that VACo is going to be offering a certification program for Board of Supervisor members. Mr. Lintecum said that the registration information would be forthcoming in a future issue of County Connections. Mr. Lintecum informed the Board he has included an update on the list of items to be completed by him at their direction.
CONSENT AGENDA Mr. Coffey informed the Board that the rezoning request for Mr. Griffith has been withdrawn by the applicant; therefore removing this item from the proposed Consent Agenda. On motion of Mr. Gentry, seconded by Dr. Morgan, which carried by a vote of 7-0, the Board agreed to adopt the Consent Agenda for the two scheduled public hearings that will be held on August 1, 2005.
CORRESPONDENCE Mr. Lintecum informed the Board that a resolution from Rockingham County has been included in their packet regarding the Governors race as it pertains to real property tax. 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 6:36 p.m. for the purpose of discussing the following: 1. In accordance with §2.23711 (a) (1) of the Code of Virginia, 1950 as amended, for the purpose of discussing personnel matters under the County Administrator. On motion of Mr. Gentry, seconded by Mr. Wright, which carried by a vote of 7-0, the Board voted to return to Regular Session at 7:02 p.m. RESOLUTION - CERTIFICATION OF CLOSED SESSION On motion of Mr. Wright, seconded by Mr. Purcell, 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 5th day of July 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 5th day of July 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
REZ02-05 Wendell Smith
Darren Coffey, Director of Community Development, summarized the request to be for the rezoning of approximately 16.2 acres from Industrial (IND) to Residential General (R-2) in order to construct a single-family dwelling and to possibly later divide the parcel for family members. The property is located on the west side of Route 700 (Haley Drive), approximately 0.25 mile north of the intersection of Route 652 (Kentucky Springs Road) and is in the Cuckoo Magisterial and Voting Districts. He said that the Comprehensive Plan designates this area of Louisa County as Village Residential bordering Low Density Residential just outside of the North Anna Power Station boundary in the Lake Anna Designated Growth Area. The Planning Commission held a public hearing on May 12, 2005 and voted 6-1 to forward a recommendation of approval to the Board. Mr. Coffey said based on the recommendations by the Planning Commission, the applicant did discuss with staff the proposed voluntary proffers and has submitted a written voluntary proffer that, if the rezoning is approved, he would limit the number of divisions on the subject property to no more than three. Mr. Wright questioned why the application specifies that the applicant wanted to construct a single-family dwelling and has now offered a proffer that there wouldnt be more than three divisions on the property. In response to the Boards questions, Mr. Coffey replied that if the property were sold, this would be a condition of that property. Mr. Morgan said that an individual could build a dwelling on a parcel that is zoned Industrial by having a Conditional Use Permit, but the applicant would not be able to divide the parcel to leave property for his children with the current zoning. Mr. Coffey said that the R2 zoning was recommended to the applicant based on what the Comprehensive Plan reflects. Mr. Morgan said that they could leave the portion of the parcel zoned Industrial if that were what the applicant wanted. On motion of Mr. Gentry, seconded by Mr. Wright, which carried by a vote of 6-1, with Mr. Jennings voting against, a resolution was adopted approving the rezoning request of approximately 16.2 acres from Industrial (IND) to Residential General (R-2) for Wendell Smith for tax map parcel 30-54 in the Cuckoo Magisterial and Voting Districts.
Amendment to the Louisa County Code 74-1 to Adopt by Reference All Motor Vehicle Law Provisions Under the Code of Virginia that Became Effective July 1, 2005 as County Ordinances Mr. Morgan explained to the Board that the resolution before them allows the County Deputies to enforce the motor vehicle laws as a violation of the County rather than the state; therefore, the funds would go towards the locality. On motion of Mr. Purcell, seconded by Mr. Gentry, which carried by a vote of 7-0, a resolution was adopted to amend the Louisa County Code 74-1 to adopt by reference all motor vehicle law provisions under the Code of Virginia that becomes effective on July 1, 2005 APPROVAL OF MINUTES LEGAL CORRESPONDENCE
Mr. Morgan informed the Board he had received a response from the Department of Game and Inland Fisheries pertaining to the Trevilians Battlefield that he has enclosed for their review. Mr. Morgan informed the Board he had enclosed a copy of the second draft of the Mutual Aid Agreement from Hanover County for their review. Mr. Morgan said this would have to be added as an agenda item to one of their meetings as it requires the Boards approval. CLOSED SESSION
On motion of Mr. Purcell, seconded by Dr. Morgan, which carried by a vote of 7-0, the Board voted to enter Closed Session at 7:27 p.m. for the purpose of discussing the following: 1. In accordance with §2.23711 (a) (1) of the Code of Virginia, 1950 as amended, for the purpose of discussing personnel matters under the Board of Supervisors. On motion of Mr. Wright, seconded by Dr. Morgan, which carried by a vote of 7-0, the Board voted to return to Regular Session at 7:57 p.m. RESOLUTION - CERTIFICATION OF CLOSED SESSION On motion of Dr. Morgan, seconded by Mr. Harper, 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 5th day of July 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 5th day of July 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. ADJOURNMENT On motion of Mr. Wright, seconded by Dr. Morgan, which carried by a vote of 7-0, the Board voted to adjourn the July 5, 2005 regular meeting at 7:58 p.m.
BY ORDER OF |