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September 19, 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
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 September 19, 2005 regular meeting of the Louisa County Board of Supervisors to order at 5:00 p.m. Chairman Barnes led the invocation, followed by the Pledge of Allegiance to the flag.

APPROVAL OF BILLS

On motion of Mr. Wright, seconded by Mr. Jennings, which carried by a vote of 7-0, with Messrs Barnes, Harper, and Gentry abstaining from mileage reimbursement checks pertaining to them and Mr. Jennings abstaining from a check pertaining to his daughter that is listed under Parks and Recreation, a resolution was adopted approving the bills for the first half of September 2005, for the County of Louisa in the amount of $262,030.16.

CONSTITUTIONAL OFFICERS

There were no Constitutional Officers that wished to address the Board.

CITIZENS INFORMATION PERIOD

George Heino, Jackson District, expressed his concerns about the water level and the temperature of the water to the Board pertaining to the proposed third reactor that Dominion is planning for.

Nancy Mottley, Jackson District, expressed her concerns about the water level to the Board pertaining to the proposed third reactor that Dominion is planning for. Ms. Mottley suggested that Dominion consider installing a dry cool reactor instead.

Dave Loxtercamp, Jackson District, expressed his concerns about the well being, health, and economic conditions that the third reactor would make.

Jim Burdge, Jackson District, expressed his concern about the impact the third reactor would have on the water level and temperature of the lake, the wildlife, and the safety of the citizenry.

Dennis Schaible, Jackson District, expressed his concerns about the underlying effects that the third reactor would have on their property values, the health of individuals with the increased temperatures of the water, and the water level.

Bob Richards, Jackson District, expressed his concerns about the impact that the third reactor would have on the health, welfare, and the investments of the citizens that live around the lake. Mr. Richards said that he supports nuclear power, however, after reading a document from the state of Virginia, he learned that there is not enough water in the 342 square mile watershed to support a third reactor with the present technology. Mr. Richards urged the Board to ask Dominion to consider using a newer and more affordable technology.

Carol Ruth, Jackson District, expressed her concerns about the water level to the Board pertaining to the proposed third reactor that Dominion is planning for. Mrs. Ruth stated that she is not against nuclear power, but she would prefer to see an air cooled reactor.

Richard Kunz, Sr., Jackson District, Covenant Cove Property Owners Association President, stated that their association is opposed to the increased water temperatures that the third reactor would bring due to health concerns for the citizens, the fish supply, and the impact that it would have on their property values.

Harry Ruth, Jackson District, Friends of Lake Anna Representative, stated that a document from DEQ has said that there isnt any water in the watershed. Mr. Ruth said that they are concerned about the water temperatures due to health issues that it could present. Mr. Ruth implored the Board to do the same thing that Spotsylvania County has done by passing a resolution addressing these issues and send it to the Coastal Zone Management Act.

Sharon Brill, Spotsylvania County Resident, expressed her concerns to the Board about the water level to the Board pertaining to the proposed third reactor that Dominion is planning for. Ms. Brill suggested that Dominion consider installing a dry cool reactor instead.

Jay Bolon, Cuckoo District, stated that he is opposed to the proposed water-cooled reactor due to the water levels, temperatures, and the impact that it would have on property values.

Harry Jackson, Patrick Henry District, informed the Board that he was here this evening to speak with them about the Trevilian Station Battlefield Foundation (TSBF). Mr. Jackson provided a handout to the Board identifying issues about TSBF. Mr. Jackson stated that the members of the TSBF Board of Directors would be able to hunt on this land at any time, free of charge. Mr. Jackson said that the TSBF has said that they are getting the Department of Game and Inland Fisheries (DGIF) to take over because they have liability insurance and TSBF does not. Mr. Jackson said that due to other information that he has recently learned about, he would like to ask the Board to get a temporary restraining order against the TSBF for a period of sixty to ninety days to prevent them from leasing this land until these issues have been resolved. Mr. Jackson said that if TSBF were to build a park, it would only take 200 acres of their 1,600 acres and would produce about $5,000,000 per year in revenue for the County.

Chris Lloyd, Louisa District, informed the Board that she was here this evening to speak with them about a condition that previously existed for C-1 and C-2 parcels that required a Conditional Use Permit (CUP) if a building was to exceed 20,000 sq. ft. Ms. Lloyd said that in November, the Board pulled this requirement for a CUP. Ms. Lloyd expressed her concerns about residential areas that surround these commercial properties. Ms. Lloyd urged the Board to revisit this issue before it is too late.

ADOPTION OF THE AGENDA

Chairman Barnes said that he would like to add litigation in the Zion Crossroads area to closed session as a topic for discussion. Chairman Barnes said that Mr. Wright requested that they add property acquisition in the Town of Louisa as a topic for discussion in closed session.

Mr. Jennings said that he would like to add the Early Site Permit for North Anna to the agenda as a topic for discussion.

Chairman Barnes said that he would like to add a new business not yet announced as a topic for discussion in closed session.

On motion of Mr. Purcell, seconded by Mr. Gentry, which carried by a vote of 7-0, the September 19, 2005 agenda was adopted as amended.

PRESENTATION

JAUNT - Annual Report - Donna Shaunesey

Donna Shaunesey, JAUNT Executive Director, extended her appreciation to the Board for the financial help that they provided to them this year and for the appointment of David Walker to their Board. Ms. Shaunesey announced that JAUNT carried their five millionth passenger this year and that they have finally moved into their new facility. Ms. Shaunesey provided JAUNTs annual report to the Board highlighting some of the challenges they are facing with the increased fuel prices. Ms. Shaunesey stated that the inter-county service has increased 21%. Ms. Shaunesey said that they transport ten individuals to dialysis each week. Ms. Shaunesey commented on the drivers that they have, saying that they have won several awards for perfect attendance and safe driving. She said that the Welfare to Work Program unfortunately came to an end this year on June 20, 2005, which they are trying to find ways to still support this program.

The Board extended their appreciation to Ms. Shaunesey for all of their hard work and services that they provide. Chairman Barnes asked how much of an increase they have seen in their operational costs due to the increase in fuel prices.

Ms. Shaunesey replied that if things continue the way they are right now with the fuel prices, then they would be $65,000 over budget throughout the entire area.  

2005 Thomas Jefferson Planning District Legislative Program David Blount

David Blount, Thomas Jefferson Planning District Legislative Program Representative, informed the Board that this is the time of year that he spends talking to all of the localities about the development of the Regional Legislative Program and to solicit their input into that. Mr. Blount explained that the program is comprised of two parts with the first one being action items, which include items such as education, transportation, Comprehensive Services Act, land use, and the second one being the area of continued concerns. Mr. Blount stated that there has been more talk at the state level with regard to transportation, planning, and land use planning. Mr. Blount pointed out that educational funding is a main stay in the program and that this is a re-bench marking year for the Standards of Quality, which could result in additional funding of $1,000,000. Mr. Blount said that this year he is considering a new statement along the lines of revenue raising authority due to what is coming out from the Gubernatorial campaigns limiting real property assessments, as well as the ongoing telecommunications tax. Mr. Blount said that he would include what they currently have as far as opposing unfunded mandates, cost shifting, and endorsing equal taxing powers to counties. Mr. Blount said that he has been communication with Superintendent Ailer about the federal prisoner cost recovery. Mr. Blount said that just as in the past, his goal would be to get a draft program to them for their review by the first part of October 2005 and come back to them in November to get their approval of the program. Mr. Blount said that he would be including the one page local legislative position paper as he has done in the past that identifies the high priority regional items as well as the issues that they have a particular concern about.

The Board discussed this topic in great detail with Mr. Wright expressing concern about the power to eminent domain for economic development, which he feels is against the best interest of the property owners and is totally unfair. Mr. Wright said that he believes that the state of Virginia has the option to exempt themselves from the court order. Mr. Wright expresses an additional concern about the impact localities would face if the General Assembly were to establish the 5% limit on real estate assessments. Dr. Morgan said that he would like to continue to have the request that the Rural Rustic Road program be allowed for the Rural Addition Program be kept in the countys requests. Dr. Morgan said that this year, the Board had to add quite a bit of funding for the senior citizens in Louisa County for various programs, which he would like to have these individually identified as areas for the state to provide additional funding in the report. Dr. Morgan said that he would like to have them review and consider regulating the charges for the “at Risk” youth due to the continuous increases in the costs.

In response to the Boards concerns, Mr. Blount said that he would include a strong statement pertaining to real estate tax assessments. Mr. Blount said that in his opinion, he feels that the state would clamp down on the co-provisions that are currently in the plan for eminent domain. Mr. Blount pointed out that the position includes a statement endorsing the cap on local expenditures for these placements. Mr. Blount said that this topic has not received the attention that it needs, but there is a group that is working on addressing this issue.        

OLD BUSINESS

North Anna Early Site Permit

Mr. Jennings said that over the past several weeks he has received numerous phone calls and emails pertaining to the early site permit process for the North Anna Power Station. Mr. Jennings said that the major concern has been about units three and four and the effects they would have on the temperature of the lake, the water levels, and the residents, particularly on the warm side of the lake. Mr. Jennings said that he would like to have a representative from Dominion address the concerns that the citizens spoke about this evening. Mr. Jennings stated that he has created a resolution that he would like to have the Board consider and if approved, forwarded on to the appropriate body.

Emmett Toms, Dominion External Affairs Manager, explained to the Board that they have held several information sessions trying to educate the citizens. Mr. Toms said that he would like to have Dr. Judd White address the concerns that were expressed this evening.

Dr. Judd White, Dominion Environmental Policy Manager, explained that the early site permit process is the first stage of a federal process that the Nuclear Regulatory Commission (NRC) is conducting to determine if this site is potentially suitable to proceed to the next phase. Dr. White said that the next phase would be to go to a construction-operating license (COL). Dr. White said that if the NRC issues the permit, then the COL phase would occur later with all environmental issues being addressed. Dr. White stated that they would still have to obtain state permits that deal with water availability and water temperatures. Dr. White said that any potential mitigation would occur during the second phase and address all of these concerns head on. Dr. White stated that Dominion takes pride in their good stewardship activities and keeping the communication open with the public.

The Board discussed this topic in great detail with Dr. Morgan saying that they are all concerned about the recharge rates and the watershed at North Anna. Dr. Morgan said that he understands that the limits for the normal operating level would be lowered by 2, which is what is being recommended, but the actual minimum level that the plant could operate at would remain the same at twenty cubic feet per second for the discharge rate and asked if plant operations would cease if they were to go below this level. Mr. Gentry questioned why the fourth unit was being designed as an air-cooled unit. Mr. Gentry asked how much the quantity of water for unit three had to do with this based on the information that they have heard from the citizenry this evening. Mr. Harper said that they have addressed the water levels and asked about the temperatures at the lake. Mr. Jennings asked what Virginia Power would be doing through this process to ensure the residents that the temperatures would not exceed a certain amount. Chairman Barnes asked if the September 23, 2005 date was their actual deadline. Mr. Purcell expressed his appreciation to the citizens for taking the time to address their concerns and bringing them to the Boards attention. Mr. Purcell stated that DEQ is extremely thorough with their process and doesnt feel that they would approve anything that would endanger the wildlife or citizens; therefore, he does not see any merit with the proposed resolution. Mr. Wright emphasized that this is a federal and state situation and not a local County issue; therefore, he would not support the resolution. Mr. Gentry said that he understands all of the concerns that have been mentioned this evening about the process and he feels that something should come from the Board to DEQ and to Dominion and get actual documentation to that effect.  

In response to the Boards questions, Dr. White said that that the lake level currently is 250 above sea level. Dr. White said that this is what the normal conditions would be, even with the third unit, unless there happens to be a drought. Dr. White said that the current release from the dam is regulated at 40 cfs, which they decrease it to 20 cfs when they are experiencing drought conditions. Dr. White said that the fourth unit being air-cooled was a business decision and is further down the line.
Tony Banks, Dominion Representative, said that they decided to make the fourth unit air-cooled because they examined the history of the original design for the plant and decided that with the newer technology for nuclear plants, the size of the unit that is being designed equals the size of units three and four that were there during the early eighties. Mr. Banks said that their decisions have been based on water quantity and availability. Mr. Banks said that part of their decision was based on what technology would be available twenty to thirty years from now. Mr. Toms said that if they decide to proceed with constructing a new unit, they have to go through a state process to address the impacts of temperatures in the lake. Mr. Toms said that the temperatures at the lake would always be 14 degrees higher from one side to the next, so if you were to have 90 degrees on the cold side, then the water temperature would be 104 degrees on the warm side. Mr. Toms said that when they go through this state process, they would have to address these concerns to lessen the impact and look at the all of the options to see what is available. Mr. Toms said that the September 23, 2005 deadline is for DEQ for one of their many authorizations.        

Chairman Barnes recommended to Mr. Jennings that he meet with the citizens and address their concerns in a letter to Virginia Power. Mr. Jennings agreed.

Discussion - Trevilian Station Battlefield Foundation (TSBF) Master Plan

Gerald Harlow, Trevilian Station Battlefield Foundation Vice-President, said that they would like to respectfully request that whenever an issue comes before them that they contact them to address their concerns. Mr. Harlow stated that the TSBF has worked miracles in securing grants for the purchase of battlefield land within Louisa County. Mr. Harlow said thanks to the Board of Supervisors, they were able to secure two grants, each totaling $100,000, for land procurement. He said that the TSBF has received grants total $2.7 million. Mr. Harlow explained that the TSBF is a 501(c)(3) non-profit organization that was incorporated in the state of Virginia, which was formed as an indirect result of a park referendum in 1995. Mr. Harlow said that in April of this year, the TSBF received an award for being the “Outstanding Preservation Group” of the year. Mr. Harlow provided numerous handouts to the Board identifying their Master Plan and included copies of correspondence. Mr. Harlow answered the questions that had been previously posed by Mr. Purcell and addressed the concerns of the Board that Mr. Harry Jackson has brought to their attention. Mr. Harlow said that their first choice was the Department of Historic Resources and the Department of Conservation and Recreation, since they are the state park people. Mr. Harlow stated that a state park is out of the picture, so their next best option was to work with DGIF to lease and manage the land. Mr. Harlow pointed out that if DGIF were to manage this land, then they would no longer be liable for any incidents that might occur. He said that DGIF would manage the recreational aspects on the land. Mr. Harlow summarized the history of their attempts to make the battlefield a state park, which they were not successful. Mr. Harlow stated that their organization is $825,000 in debt due to the fact that they wanted to purchase land for the citizens in Louisa County. Mr. Harlow said that the Civil War Preservation Trust owns lots of land that is considered parks, but these do not include monuments or paved roads, the land would be just as it was during the battle. Mr. Harlow said that they are currently in the process of developing their Auto Tour for the battlefield. Mr. Harlow said that leasing part of this land would be their biggest source of income. Mr. Harlow said that the busiest times for tourism at a battlefield is during the same time period that the actual battle occurred. Mr. Harlow said that they have received $2, 770,000 in funding from grants. He said that they are a preservation group and their number one goal is to preserve the Trevilian Station Battlefield for future generations. Mr. Harlow provided a handout to the Board that reflected the historical aspect of each parcel that was requested by the Board. He said that they were recently unable to purchase a parcel that was battlefield land due to the lack of funds. Mr. Harlow said that they follow by the plan that they put together in 2000, which is identified on the sheet from the Department of Conservation and Recreation. This plan reflects that it would take $3,000,000 to construct a museum. Mr. Harlow urged the Board to consider allowing the TSBF to utilize the Ogg Building as a Visitors Center where they can welcome individuals and display artifacts from the Civil War. Mr. Harlow stated that they would need $350,000 for inventory. Mr. Harlow said that they have applied for a grant to remove the recycling center off of the battlefield premises, since it is an insult to the soldiers that died there. Mr. Harlow said that they would like to work with the County to obtain the CSX Building, which they would like to have moved to their land to provide a second museum. In closing, Mr. Harlow said that in order for them to succeed with their overall plans, they are going to need the Boards help.

The Board briefly discussed this topic and extended their appreciation to Mr. Harlow for responding to their concerns. Mr. Wright commented that he would like to have time to review all of the information prior to making any further comments. Mr. Purcell said that he has reviewed all of the minutes pertaining to the TSBF dating back to 2002. Mr. Purcell said that on October 4, 2002, there was a public hearing held to create an Ag/Forestal District for this property, which was denied with a 5-2 vote. Mr. Purcell said that one of the things that was said during that meeting by Mr. P. T. Spencer was “when the Board was first approached about the ISTEA monies, the Board was approached with the idea that the land would be purchased, there would be a company coming to Louisa to develop this land just as the Manassas Battlefield Park was developed and that would be a tourist center”, which is why he supported it. Mr. Purcell pointed out that during this hearing, Mr. Harlow had made comments himself saying that an Ag/Forestal District would be the best thing for them to do to preserve the battlefield in its state and asked Mr. Harlow to clarify the history of what their thoughts were at this time. Mr. Purcell said that for the record, he understands that there has been a lot said today and in past days. Mr. Purcell said that after reading the history of minutes from prior meetings, he believes that he has found the root of the problem. Mr. Purcell said that the Transportation Enhancement Program states that it would provide more open space protection in an area under development and would enhance the scenic value of Route 613 (Poindexter Road/Oakland Road) and Route 33 (South Spotswood Trail) as green space. Mr. Purcell said that the demonstrated need reflects that the Commonwealth of Virginia has seen unprecedented growth in the last few years and will continue into the future; under such pressure the need for green space continues to be a high priority. Mr. Purcell said that listed under project usefulness and or benefit it states, “As Virginia continues to experience unprecedented growth, particularly in the Culpeper District area, the need to preserve green space becomes increasingly important.” Mr. Purcell said that this project, if funded, would put over 300 acres of green space under the protection of a conservation easement, ensuring that it would always remain a green space. Mr. Purcell stated that the bottom line is that there is not going to be a battlefield park the way it was originally envisioned and discussed. Mr. Purcell said that the Board has to consider that the preservation of land was at the Countys expense, which he feels is the heart of the issue. Dr. Morgan suggested that they invite the TSBF back to attend a future meeting to allow the Board time to review the documents that were submitted this evening. Chairman Barnes said that as an elected representative, they are bound to get answers for the constituency.    

Mr. Harlow replied that when you form an Ag/Forestal District, anyone is able to join, which means that they are pledging that they would not be developing their land for a period of five to ten years. Mr. Harlow said that this was an excellent way that cost them no money for individuals to join in since the TSBF was paying the application fee. Mr. Harlow said that the Civil War Preservation Trust suggested this and it encouraged preservation of the battlefield. He said that similar approaches have been used for the Cross Keys battlefield in Rockingham County.  

Staffing Audit

Robert Huff, Robinson, Farmer, Cox Associates Managing Director, stated that he was here this evening to summarize their results of the staffing audit. Mr. Huff said that they have recommended an additional 5.5 positions that should be considered and potentially implemented by the administrative side. Mr. Huff said that in going through this process there were possibilities they also believed being encumbered upon them and through the budget process to gain a little more statistical and relevant measurements of some of the Department Heads. Mr. Huff said that they found that this would probably be the first process of many reviews that you are going to have in the future of a similar type nature because of the demands for services by the locality. In closing, Mr. Huff stated that in general they found that Louisa County gets very good value from its departments and its workers, which they distinguish themselves quite well.

The Board briefly discussed this topic with Mr. Gentry stated that the committee viewed the outcome of this audit very seriously. Mr. Gentry said he was a bit concerned that there are some items that may not have been taken into account as far as the future growth in the County, which could result in additional positions other than what has been recommended. Mr. Gentry said that the study was to look at the existing conditions and make comments from that perspective.  

NEW BUSINESS

Discussion - Shoreline Management Committee Report and Recommendations

Darren Coffey, Community Development Director, identified the members that participated in the Shoreline Management Committee to the Board and said that everything that the committee did was premised on three goals to protect the water quality, ensure public safety, and to preserve the quality of life. Mr. Coffey gave an overview of the committees recommendations as:

Mr. Coffey said that their intent was to encourage the publics health, safety, and welfare with equitable and enforceable conditions for development along the Lake Anna shoreline. He said that unless it is specifically stated otherwise, the provisions set forth in these guidelines do not apply to structures built, or otherwise approved by Louisa County or Dominion, prior to the adoption of these standards. Mr. Coffey said that these standards are mandatory unless the Planning Commission grants a special exception. Mr. Coffey said that they had reviewed Dominions guidelines very thoroughly. Mr. Coffey said that they determined that if Dominion could give the County about a four-month notification should they want to make any changes, this would give them time to review, then they would enumerate this in the specific section of the Zoning Ordinance. Mr. Coffey said that the use and design standards consisted of three main categories for water quality, safe navigation, and neighbor policies. Water quality addressed two main issues for upland erosion and shoreline stabilization, which are intended to go above and beyond what the current E&S Ordinance recommends. Mr. Coffey said that the Soil and Water Conservation District recommended that the preferred method of erosion and sediment control is a riparian buffer, which means that you would have a 100 wide natural forested buffer. Mr. Coffey said that based on this information, the committee has recommended that they either have that type of buffer or for a slope that is 0-15% you would be required to have an 18” high berm that is 4.5 wide and anything greater than 15% would have the same berm plus a 25 buffer that is undisturbed and vegetated by environmentally friendly innovative organic methods. Mr. Coffey said that they recommended water access entrances and fairways into private harbors to be at least 50 in width for safe navigation. The length of a structure on the water should not protrude more than 1/3 of the distance across a cove to a maximum of 150 in Agricultural/Residential areas and 200 for Commercial areas. Mr. Coffey said that they are also recommending that all lake structures have a 2” minimum diameter white reflector affixed along the sides of a structure at intervals of 6, any structures greater than 50 in length would require dark sky lighting and would require all lake structures be in compliance by November 1, 2007. Mr. Coffey identified their recommendations for structures on the water covering the dimensions and the amount of waterfront that is required. Mr. Coffey said that any structure that would exceed these recommended standards would require a special exception. In conclusion, Mr. Coffey said if the Board should decide to pursue the use of these design standards, then they need further direction on whether to hold a public hearing and for the educational campaign suggestion.

The Board discussed this topic with Mr. Wright asking whether dark sky lighting could legally be used on navigable waters and who would be responsible from the County staff to enforce this. The Board extended their appreciation to the committee for all of their hard work and dedication.

In response to the Boards questions, Mr. Coffey said that he would envision that the enforcement would be a function of the Code Enforcement Officer that would be by complaint basis. Mr. Coffey said that they had researched the lighting and the standards came from other lake communities and a website for dark sky lighting standards. Mr. Coffey said that this lighting is not expensive, which they researched to ensure that it would not be cost prohibitive.

        On motion of Mr. Gentry, seconded by Mr. Jennings, which carried by a vote of 7-0, the Board agreed to forward this to the Planning Commission for them to begin the process by holding a public hearing.

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 public hearings that are scheduled for October 17, 2005 and the following two resolutions.

Homeland Security Grant and Citizens Corps Program Supplemental Appropriation

On the motion of Mr. Gentry, seconded by Dr. Morgan, which carried by a vote of 7-0, a resolution was adopted approving a supplemental appropriation for a total amount of $5,000, which includes $3,800 from the 2004 Homeland Security Grant and $1,200 from the FY05 Citizen Corps Program.

Replacement Vehicles Supplemental Appropriation

On motion of Mr. Gentry, seconded by Dr. Morgan, which carried by a vote of 7-0, a resolution was adopted approving a supplemental appropriation to the CIP for replacement vehicles in the amount of $800.

APPROVAL OF MINUTES

        On motion of Mr. Wright, seconded by Mr. Jennings, which carried by a vote of 7-0, the Board adopted the minutes of April 13, 2005 and September 6, 2005 as amended.

CLOSED SESSION

On motion of Mr. Gentry, seconded by Mr. Harper, which carried by a vote of 7-0, the Board voted to enter Closed Session at 7:58 p.m. for the purpose of discussing the following:

  1. In accordance with §2.23711 (a) (3) of the Code of Virginia, 1950 as amended, for the purpose of discussing the potential acquisition of property in the Town of Louisa.
  2. In accordance with § 2.2-3711(a) (5) of the Code of Virginia, 1950 as amended, for discussion or consideration of a prospective industry in the Louisa area where no previous announcements have been made.
  3. In accordance with §2.23711 (a) (7) of the Code of Virginia, 1950 as amended, for the purpose of consultation with legal counsel for discussion of litigation in the Zion Crossroads area.

REGULAR SESSION

On motion of Mr. Harper, seconded by Mr. Purcell, which carried by a vote of 7-0, the Board voted to return to Regular Session at 8:34 p.m.

RESOLUTION -  CERTIFICATION OF CLOSED SESSION

On motion of Mr. Harper, 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 19th day of September 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 19th day of September 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.

CONTINUANCE OF NEW BUSINESS

Discussion - Regarding Proffers of Water & Sewer

Mr. Wright said that he had something that he wanted to bring to the Boards attention for them to discuss and consider. Mr. Wright said that the Board has discussed for a number of years about what the Countys situation was as far as them being willing to accept central water and sewer systems from subdivisions. Mr. Wright said that The Central Virginian had an article that said that County would be taking over one in a subdivision, which they havent even discussed. Mr. Wright said that one of the proffers for the proposed subdivision on Route 652 (Kentucky Springs Road) that would consist of 891 homes is to have the County take over the system. Mr. Wright said that when this comes up, they are going to get bombarded if they are not careful with every fifty home subdivision wanting to come in with central water and sewer to turn over to the County to manage. Mr. Wright said that they are not anywhere close to being ready for anything of that magnitude. Mr. Wright said that they have to be very selective when they do this. Mr. Wright stated that this is one of the proffers with this subdivision, where they plan on running additional water lines on the opposite side of Kentucky Springs Road that would support a commercial section there that they could connect to for additional commercial/industrial development. Mr. Wright said that he brought this to the Boards attention for them to consider and establish parameters in the near future. Mr. Wright said that they were constructing this wastewater plant to be at 50% additional capacity for the County to use. Mr. Wright said that they would need to know at what point they take over on the treatment plant.  

The Board briefly discussed this topic with Chairman Barnes asking
Bar Delk, Water Authority Director, to meet with the Water and Sewer Rate Commission to address this topic.

Mr. Delk said that he previously talked with the developer of this proposed subdivision, where they had asked for some suggestions and guidelines. Mr. Delk stated that a wastewater treatment plant is more of a liability and not an asset because you have to renew the permit every five years with DEQ. Mr. Delk suggested to the Board that when they are considering projects of this nature that they include the option for them to take over a treatment plant if they decide to do so in the future, but without them being obligated to. Mr. Delk advised the Board to consider how much additional service area they could have, along with how much additional capacity they would proffer. Mr. Delk pointed out that you might need to have additional land proffered to allow for future expansion. Mr. Delk recommended to the Board that if they decide to take over a treatment plant, then make sure that there isnt any debt involved. Mr. Delk said that the Water and Sewer Rate Committee was only formed to review the rates. Mr. Delk suggested that they have Public Works and the Water Authority discuss this.  

Chairman Barnes asked Mr. Delk to research surrounding localities to verify what their policies might be in this situation.

COMMITTEE REPORTS

Dr. Morgan reported to the Board that the Communications Committee had met and approved the Radio Policy, so this will be coming before them soon.

Mr. Gentry reported to the Board that the Staffing Audit Committee has reviewed the input from the department heads and he feels that they should discuss it to move forward with the recommendations. Mr. Gentry said that he agrees with the recommendations from the audit, but he has a concern with the Community Development Department where they are proposing a trained planner. Mr. Gentry said that the auditor had said that the trained planner would also handle some code enforcement issues and some inspection work, which he feels that they might have to consider hiring another inspector in addition to the one that was recommended.

The Board discussed this topic in great detail with Mr. Wright saying that if the Board established the correct fees a year ago, then the positions for the Community Development Department would be self-sustaining. Mr. Wright said that Lee Lintecum, County Administrator is responsible administratively; therefore, he would like to have him report back to the Board with his order of prioritization. Mr. Harper said that he doesnt have problems with surveying the department heads because this allows them to better understand what they expect their other staff to do. Mr. Harper said that for every person they place in a specific position, he would like to have feedback to verify what results they would see by hiring an individual to fill a position. Mr. Harper stated that if they do not have measurable results, then he doesnt know how they would ever know if they made the right decision. Mr. Gentry said that he feels that there is a need for them to pursue the additional planner with an additional field person. Chairman Barnes said that he agrees that an Assistant Planning Director is needed.  

Mr. Lintecum replied that in order to justify the recommended positions, they would have to establish measurable results.

Mr. Gentry said that he would like to make the motion for them to hire the following positions.

Upon further discussion by the Board, Mr. Wright said that he doesnt agree with them taking this out of the County Administrators hands. Mr. Wright said that they need his evaluation and recommendations; therefore, he would not support this motion on that basis. Mr. Harper said that there are three positions that he would want to see what the return to the County would be; therefore, with the absence of that information, he would be voting against. Dr. Morgan said that he believes that the staffing audit justifies these positions well. Dr. Morgan said that he would support the recommendations. Dr. Morgan said that the additional medic, if they were to go to a nighttime schedule, might have to be reconsidered in the future. Mr. Gentry pointed out that he realizes that there are additional requests from the Department Heads, which he is not ignoring. He said that the future needs are spelled out very well with those requests, but for now, he is solely addressing the recommendations from the staffing audit that he feels has been justified. Chairman Barnes said that the Board requested this staffing audit and spent $40,000 of taxpayers money to have the audit performed. Chairman Barnes said that he believes that the audit defines the positions that are needed. Chairman Barnes pointed out that many of the recommended positions are self-sustaining.

        On motion of Mr. Gentry, seconded by Mr. Jennings, which carried by a vote of 5-2, with Messrs Harper and Wright voting against, the Board approved hiring the positions identified above as recommended by the staffing audit.

Chairman Barnes expressed the need for the Board to consider pro-ration of taxes in the County. Chairman Barnes said that they have lost around a half million dollars in tax revenue because they dont pro-rate. Chairman Barnes said that if the Board decided to have pro-ration, then the Commissioner of Revenue would have to have additional staff, which the tax revenue would help to pay for those positions.

The Board discussed this topic briefly with Mr. Wright pointing out that the pro-ration should not be a problem since the Commissioners Office has to input the data into their system. Mr. Purcell asked if the Commissioners Office had up to date computer software technology where they could change the database for how they process this. Mr. Purcell said that there is a chance that this could be done if they had the right kind of program without having to hire additional staff. Mr. Purcell asked if this would require a public hearing. Chairman Barnes asked when the pro-ration would go into effect if they held a public hearing.

Bob Hardy, Information Technology Director, replied that he would verify what the Commissioners Office is utilizing and research its capabilities. Mr. Lintecum said that they use the Bright System, which has some very good components and other components require improvements. Pat Morgan, County Attorney, said that he believes that a public hearing is necessary, but he would verify this. Ernie McLeod, Deputy County Administrator, said that the pro-ration would go into effect on January 1, 2006.  

BOARD APPOINTMENTS

Dr. Morgan said that he would like to appoint William Craig to the Clean Community Commission as the replacement for Betty Jo Ferguson.

Mr. Wright said that he had recently spoke with Edna Jones about the Commission on Aging, where she said that she would be willing to continue to serve.

        On motion of Dr. Morgan, seconded by Mr. Harper, which carried by a vote of 7-0, the Board appointed William Craig to the Clean Community Commission and re-appointed Edna Jones to the Commission on Aging.

COUNTY ADMINISTRATOR REPORT

Mr. Lintecum presented his report highlighting the following items:

Mr. Lintecum informed the Board that he has enclosed a copy of the map that the Board requested from Mr. McLeod reflecting the parcels that are in land use.

The Board briefly discussed this topic with Chairman Barnes asking how someone on a fixed income could benefit from tax-relief and what the Board could do to help this.

In response to the Boards questions, Mr. McLeod said that they have two options to address tax relief. The first option would be the tax-relief for the elderly, where the County currently offers for the net worth that one acre of land is deferred for their house, the state ordinance specifies that a locality could increase this to a total of ten acres. The second option would be to do some sort of sliding scale to help those individuals that are currently in land use.

Chairman Barnes requested Mr. McLeod to research the information to provide the overall numbers to the Board on how many individuals qualify and the dollar amount and bring it back to them on October 29, 2005 for the Board Retreat.    

Mr. Lintecum informed the Board that Mr. Hardy is addressing the issue that they have been experiencing with opening attachments in their email. Mr. Lintecum said that Mr. Hardy would be meeting with each of them on an individual basis to see what improvements are needed.

Mr. Lintecum informed the Board that he has enclosed a memorandum that reflects the IRS increase in mileage benefits.

Mr. Lintecum informed the Board that he has enclosed a copy of Mr. Coffeys report to the Board reflecting the activities of the Community Development Department.

Dr. Morgan said that he would like to add the Technology Assessment from Virginia Tech and the E911 Sign Ordinance added to an upcoming agenda.

CORRESPONDENCE

The Board did not discuss any correspondence.

LEGAL CORRESPONDENCE

Mr. Morgan did not discuss any legal correspondence with the Board.

ADJOURNMENT

On motion of Mr. Wright, seconded by Mr. Jennings, which carried by a vote of 7-0, the Board voted to adjourn the September 19, 2005 regular meeting at 9:10 p.m.


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

Board of Supervisors
Meeting Minutes