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|Board Present:||Fitzgerald A. Barnes, Willie L. Gentry, Jr., Willie L. Harper, Richard A. Havasy, Allen B. Jennings, Eric F. Purcell, and Jack T. Wright|
|Others Present:||C. Lee Lintecum, County Administrator; Ernie McLeod, Deputy County Administrator; Patrick Morgan, County Attorney; and Michele Doty, Deputy Clerk|
CALL TO ORDER
Chairman Barnes called the October 2, 2006 regular meeting of the Louisa County Board of Supervisors to order at 5:00 p.m. Mr. Gentry led the invocation, followed by the Pledge of Allegiance.
ADOPTION OF THE AGENDA
Mr. Barnes asked that a discussion on the dental clinic be added to the agenda.
On motion of Mr. Jennings, seconded by Mr. Wright, which carried by a vote of 7-0, the Board voted to adopt the agenda as amended.
VDOT Monthly Update
Jamie S. Glass, Jr., Acting Residency Administrator, introduced Mr. James Mark Wood who is the new Residency Program Manager. Mr. Wood will be in charge of the Residencys Land Use and Development program which encompasses residential and commercial development in Louisa and Fluvanna Counties. Mr. Glass indicated that Mr. Wood will also be overseeing the Residencys various Access Programs. Mr. Wood addressed the Board and stated that he is looking forward to working with each of the members.
Mr. Glass provided the Board with the VDOT update which includes maintenance activities by State Force Crews doing debris removal, boom axe work, secondary patching, dead animal and litter removal and secondary mowing. Mr. Glass noted that the Interstate TAMS (Turnkey Asset Management Services) contract went into affect October 1, 2006 and that AHQs are preparing for the annual Equipment Readiness Inspections in preparation for the winter season. Construction activities include the State Force Construction Crews currently building Rt. 807 the Industrial Access road, the State Force Bridge Crew working on the sidewalk project on Rt. 1002 (Cammack St.) in the Town of Louisa, maintenance crews from the Cuckoo AHQ finishing the sub-base on Rt. 699 (Indian Creek Rd.) with the surface treatment scheduled to start Oct. 10th, and an interstate paving subcontractor is currently replacing substandard guardrail and their paving crew will start paving around the middle of the month. Mr. Glass noted that in the past months, 11 plats/plans for proposed new subdivisions and developments were reviewed and forwarded to the Culpeper District Planning Department for their review and comments. Mr. Glass informed the Board that the following traffic/safety issues have been received: Rt. 804 (Rock Springs Rd.) with a citizen request to have the speed limit reduced to 25 MPH, Rt. 604 (Roundabout Rd.) with a request from Louisa County Schools for “School Bus Stop Ahead” signs and a request has been submitted to Traffic Engineering, Rt. 709 (Blueberry Lane) with a citizen request for the installation of “No Parking” signs and after conferring with the Sheriffs Department a request was submitted to Traffic Engineering, and Rt. 669 (Ellisville Drive) with Traffic Engineering approving a request to install a “School Bus Stop Ahead” sign just north of the Blue Ridge Shores entrance in the south-bound lane. As well, Traffic Engineering has approved the installation of 25 MPH speed limits in Shorewood Subdivision on Rt. 790 (Shorewood Dr.), Rt. 1070 (Pinewood Dr.), Rt. 1071 (Laurelwood Dr.) and Rt. 1072 (Oakwood Dr.)
Mr. Wright thanked Jamie for the work that was put into clearing the sides of the roads which looks better and is much safer. Mr. Wright asked Mr. Glass to check into the speed reduction sign that is located on Rt. 33 (Jefferson Hwy.) on Shifflets curve because there are limbs hanging in front of the sign making it difficult to see. Mr. Wright noted that the 25 mph reduction that is proposed on Rt. 804 (Rock Springs Rd.) will be difficult to enforce and feels that a more appropriate speed would be 45 mph.
Draft TJPD Legislative Program
David C. Blount, Legislative Liaison, indicated that he was here to receive feedback from the Board on the draft of the 2007 TJPD which included the legislative priorities that are being emphasized this year. Those priorities address the following issues:
|1.||Transportation - to establish stable and consistent state revenues for Virginias transportation infrastructure without heavy reliance on the general fund or debt.|
|2.||Local and State Revenues to protect state general fund revenues for core government services and to preserve local revenues so that local government leaders can take appropriate measures to generate sufficient revenues to sustain and improve services.|
|3.||Comprehensive Services Act support full funding of the state pool for the Comprehensive Services Act (CSA), with allocations based on realistic anticipated levels of need, and a cap on local expenditures for serving a child through CSA.|
|4.||Public Education Funding the state should fund its share of the realistic costs of meeting the Standards of Quality (SOQ) and enhance teacher salaries to help recruit and retain high-quality instructional personnel.|
|5.||Land Use and Growth Management oppose any preemption or circumvention of existing local authority to regulate land use and encourage the state to provide local governments with additional tools to manage growth.|
As in the past, the legislative program draft still contains sections that highlight ongoing local government positions. New language in these sections under “Areas of Continuing Concern” is underlined, while language proposed for deletion is stricken.
Mr. Blount stated that a meeting with regional Board Chairmen and Chief Administrative Officers was well represented by the Louisa County Chairman and Administrator. Following a lot of discussion a recommendation by the group that an enabling authority or impact fees be the focus of the legislative program this year. A summary of the priority items is being prepared in response to this meeting and will be presented to the legislatures at the annual legislative lunch in October.
During discussion with the Board, Mr. Wright pointed out that Dr. Morgan still appears on their letterhead and this should be changed appropriately to Mr. Havasy. Mr. Barnes indicated that when he attended the meeting he found that all localities have a lot in common and have the same problems and issues.
On motion of Mr. Gentry, seconded by Mr. Wright, which carried by a vote of 7-0, the Board voted to approve the draft TJPD legislative program.
Ms. Sandy Miller, District Administrator, Department of Health, and Mr. Lawrence Jackson, Citizens in Action, addressed the Board to report back on the status of the appropriations made by the Board in support of a start-up of a dental fluoride supplement program for Louisa County. Ms. Miller indicated that the program has had a delayed start-up, but feels very encouraged after meeting with Mr. Jackson that they can produce a very successful program. There is a new dental preventive for infants and children up to pre-K that are in the WIC program and the program Mr. Jackson will be providing will pick up from there and go through 6th grade. Ms. Miller feels that with the two programs in place they can make a very positive start to improve the dental health of the children in the community. Ms. Miller stated her appreciation for the Boards support and encouragement. Mr. Wright stated that he is delighted to see these two organizations working together and supports this effort. Mr. Jackson thanked the Board for their efforts in getting this passed through and noted that he looks forward to coming back to the Board in the future and giving a very positive report on this program as they move forward.
On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board voted to support and appropriate the funds for the dental program to the Citizens for Better Dental Care.
Discussion/Decision Rezoning request - REZ11-06; Lawrence B. Nuckols, Applicant; Charles Edward Shelton, et al., Owners; Grayson S. Johnson, Agent
Darren Coffey, Director of Community Development, stated that at the September 5th Board Meeting the Board asked the applicant for clarification regarding several items, one of which was proffers. Mr. Coffey indicated that since the County cannot legally accept proffers once the public hearing has begun for a rezoning application, staff recommends that the Board not accept the first two proffers submitted regarding the subdivision road that would have guaranteed the street remain private. The state maintained road will also guarantee access to all parcels with frontage on the road. Mr. Coffey indicated that he feels the best we can hope for is what we are already requiring, which is the road be built to state specifications. Mr. Coffey stated that the applicant also clarified that the rezoning to A-2 excludes the ten acres of the property identified as reserved for family division. The staff has no issue with the rezoning as requested. The main issue in regard to division rights is whether the Board would see the future family divisions as divisions in addition to or should those future potential divisions count toward the total the Board is considering. The Board may accept the third proffer restricting any future divisions on tax map number 96-15-4, this parcel is not part of this application but it is under the same ownership and therefore the proffer can be made and accepted.
Mr. Wright indicated that with clarification of the fact that the 10 acre lot is not owned by Mr. Nuckols and with the agreement to not re-subdivide the 15 acre lot he is satisfied with the application. Mr. Havasy questioned that one reference to this property states approximately 59 acres and in the resolution it indicates 69 acres. Mr. Coffey indicated that this should be 59 since the 10 acre lot is not included. Mr. Havasy voiced his concern that we are still left with the potential 23-24 lots.
On motion of Mr. Wright, seconded by Mr. Jennings, which carried by a vote of 6-1, with Mr. Havasy voting against, the Board voted to approve the rezoning request.
Subdivision Review Dickens Creek Farm, LLC Parcel 98(27)-D
Mr. Coffey indicated that at the meeting of the Board of Supervisors that was held on September 5, 2006, the Board voted to table the final decision in order to allow the applicant additional time to investigate the possibility of abandoning the existing right-of-way. Mr. Coffey indicated that the applicant was not in attendance and staff has not received any update. Mr. Wright indicated that he has not heard anything and if the applicant is not interested enough to give a response then the application should be denied.
On motion of Mr. Wright, seconded by Mr. Havasy, which carried by a vote of 7-0, the Board voted to deny forwarding parcel 98(27)-D of the Dickens Creek Subdivision application to Community Development for review.
Consideration Support Agreement between the County of Louisa and the Louisa Downtown Development Corporation
Mr. McLeod referenced a request by the Louisa Downtown Development Corporation that is a guarantee that the Board would put funding in the budget. Mr. McLeod indicated that the amount was originally $250,000 over three years and we have given them the first payment with a balance of $165,000. Last year LDDC upped their request to $400,000 minus the $85,000 for a balance of $315,000 and since then we have given them $105,000. They are now asking for two more payments of $105,000 payable in FY08 and FY09. Mr. Wright asked when the additional $150,000 was approved and Mr. McLeod indicated that this was approved during last years budget process. Mr. Purcell questioned the premise behind this moral agreement and Mr. Barnes indicated that this helps the non-profit organizations get additional funding by showing the Countys support. Mr. Gentry emphasized that they wanted these funds to be utilized for the Art Center and not the Town Hall portion of the project and would like the language to be changed appropriately. Mr. Barnes clarified that this was specifically done so that the funding was in support of the Art Center only. Mr. Lintecum indicated that this has been discussed and made clear to the LDDC and we can ask that this agreement be changed. Mr. Barnes asked Mr. Lintecum to have this changed.
On motion by Mr. Gentry, seconded by Mr. Purcell, which carried by a vote of 6-0-1, with Mr. Wright abstaining, the Board voted to accept the agreement with the requested changes to reflect that the funds are to be utilized for the Art Center.
Appeal of Planning Commission Decision Shoreline Special Exception Permit Request Harold and Terry Westervelt, Applicant/Owner
Mr. Coffey indicated that the applicant was unable to attend this request for a shoreline special exception to allow a lake structure to extend more that 1/3 of the distance across the cove and an exception to the 50 ft. fairway requirement. The applicant is appealing the Planning Commissions decision to the Board of Supervisors per the shoreline ordinance that was adopted last year. The property is located on the south side of Rt. 622 directly west of Rt. 1260. This is in the Jackson Magisterial and Voting District. The Lake Anna Shoreline ordinance states that structures shall not protrude more than 1/3 of the distance across a cove with a maximum of 150 ft. The structure is proposed to exceed this limit and requires special exception from the Planning Commission. The travel way must be a minimum of 50 ft. At this location the cove is approximately 86 ft. wide or 1/3 of the cove would be 28 ft. The structure would extend 8 ft. beyond the 1/3 mark and the structure would allow 45 ft. to the shoreline across the cove. Dominion Virginia Power approved the original plan and if the Board of Supervisors approves the special exception then the applicant must also be in approval from Virginia Power with the updated proposal. The Development Review Committee met on July 26th to review this request and it was the consensus of the committee that the 1/3 rule should apply to the construction of the structure and voted to forward a recommendation of denial to the Planning Commission. Members indicated to the applicant that if the request was not as intensive they may have been more inclined to recommend approval and suggested to the owner and the contractor that they revise the request by redesigning the structure and moving it closer to the shoreline prior to the Planning Commission meeting. The Planning Commission met on August 10th to review the request for a special exception and after reviewing the revised plans there was consensus of the Commission that the 1/3 rule still apply and the Commission unanimously denied the request. This special exception would allow for a lake structure that extends 8 ft. beyond the 1/3 mark of an 81 ft. wide cove in order for the boathouse to reach navigable waters and also includes a 5 ft. exception from the 50 ft. fairway requirement. The Planning Commission disagreed with staffs analysis and was concerned with setting a precedent for weaker applications.
During discussion by the Board, Mr. Jennings stated that we established these rules due to problems in the past and he feels we should abide by the rules that were set and we should not start out with an exception.
On motion of Mr. Jennings, seconded by Mr. Wright, which carried by a vote of 7-0, the Board voted to deny the special exception permit request appeal.
Mr. Purcell noted that this is the first time in a long while that we have had an applicant appeal a decision from the Development Review Committee, through the Planning Committee and up to the Board. Not taking away this right to appeal was something the Board felt strongly about and although we concurred with the Development Review Committee and Planning Commission it is important that this process remain as it is.
Mr. Lintecum indicated that we have advertised for the Superintendent position for the pool and have started to receive applications. Jason Pauley, County Engineer; and Kevin Linhares, Director of Facilities Management are working on the timeline and they will have a full meeting once this schedule is complete. Mr. Havasy asked if anyone has researched what the maintenance fees and projected costs will be per year. Mr. Barnes indicated that James Smith, Director of Parks and Recreation has this information.
Mr. Jennings indicated that Rappahannock Juvenile Detention Center is doing fine and has very little capital because it is relatively new. They are operating on 6M budget and the only problem they have run into is that they are overcrowded and they are currently looking at ways to expand the facility.
Mr. Wright asked that Mr. George W. Young be appointed to the Affordable Housing Committee. Mr. Gentry questioned the Board of Zoning Appeals roster which is showing Joe Leslie as being from the Mineral District and this should be the Cuckoo District.
On motion of Mr. Wright, seconded by Mr. Havasy, which carried by a vote of 7-0, the Board appointed Mr. George W. Young to the Affordable Housing Committee.
COUNTY ADMINISTRATORS REPORT
Mr. Lintecum noted that on October 25th there will be a primary road public meeting to receive input and he will add this to the next agenda so the Board can decide to maintain existing priorities or to change them.
CONSENT AGENDA ITEMS
Resolution To take two (2) streets in the Reedy Creek Subdivision into the secondary system of highways in Louisa County, Virginia
On motion by Mr. Wright, seconded by Mr. Gentry, with Messrs Barnes and Purcell abstaining, which carried by a vote of 5-0-2, the Board adopted a resolution to take two (2) streets in the Reedy Creek Subdivision into the secondary system of highways in Louisa County, Virginia
Resolution- Supplementary appropriation to the Louisa County Water Authority for the Zion Crossroads I-64 Bore ($5,245)
On motion by Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board adopted a resolution for supplementary appropriation to the Louisa County Water Authority for the Zion Crossroads I-64 Bore ($5,245)
Resolution- Supplementary appropriation to the Louisa County Water Authority for the Zion Crossroads South of I-64 ($21,054).
On motion by Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board adopted a resolution for supplementary appropriation to the Louisa County Water Authority for the Zion Crossroads South of I-64 ($21,054)
Report of Animal Control Officer - Approve payment for destroyed livestock
On motion by Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board approved payment for destroyed livestock.
Schedule Public Hearing REZ14-05; Mack R. and Julie B. Houston, Applicants/Owners request rezoning of approximately 99.00 acres from Agricultural (A-2) to Residential Limited (R-1). The property is located on the northeast side of Route 618 (Belsches Road), between Route 601 (Bumpass Road) and Route 701 (Borden Road). The property is further identified as tax map parcel 76-14, in the Jackson Magisterial District and Jackson Voting District. The 2006 Comprehensive Plan designates this area of Louisa County as Agricultural. (November 6, 2006)
On motion by Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board approved to schedule the public hearing for REZ14-05; Mack R. and Julie B. Houston, Applicants/Owners for November 6, 2006
Schedule Public Hearing REZ12-06; B. T. Goodman Builders, Inc., Applicant; Kosmo Corporation c/o Pamela Smook Oliver, Owner; Cameron B. Wood, Agent requests rezoning of approximately 88.79 acres from Agricultural (A-1) to Agricultural (A-2). The property is located on the west side of Route 601 (Wickham Road), 1.9 miles north of Route 33 (Jefferson Highway). The property is further identified as tax map parcel 84-51, in the Jackson Magisterial District and Jackson Voting District. The 2006 Comprehensive Plan designates this area of Louisa County as Agricultural. (November 6, 2006)
On motion by Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board approved to schedule the public hearing for REZ12-06; B. T. Goodman Builders, Inc., Applicant; Kosmo Corporation c/o Pamela Smook Oliver, Owner; Cameron B. Wood, Agent for November 6, 2006
Mr. Lintecum pointed out that a memo had been received from Mr. Butch Davies regarding shrinking VDOT maintenance crews.
APPROVAL OF BILLS
On motion of Mr. Wright, seconded by Mr. Havasy, which carried by a vote of 7-0, a resolution was adopted approving the bills for the second half of the month of September 2006 for the County of Louisa in the amount of $381,606.05. Mr. Barnes indicated that the CSA bill is creeping back up and we need to watch this.
APPROVAL OF MINUTES
On motion of Mr. Wright, seconded by Mr. Jennings, which carried by a vote of 7-0, the Board adopted the September 18, 2006 minutes.
On motion of Mr. Purcell, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board voted to enter Closed Session at 5:47 p.m. for the purpose of discussing the following:
1. In accordance with §2.23711 (a) (7) of the Code of Virginia, 1950 as amended, for the purpose of consultation with legal counsel for discussion of litigation at Zion Crossroads.
On motion of Mr. Jennings, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board voted to return to Regular Session at 7:00 p.m.
RESOLUTION - CERTIFICATION OF CLOSED SESSION
On motion of Mr. Purcell, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board voted to adopt the following resolution:
WHEREAS, the Louisa County Board of Supervisors has convened a Closed Meeting this the 2nd day of October 2006, 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 2nd day of October 2006, 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 Consultation with Legal Counsel, in accordance with §2.23711(a)(7) of the Code of Virginia, 1950 as amended, for the purpose of consulting with counsel.
REZ01-06; BBCR, LLC, Applicants/Owners, John Carroll, Mr. Coffey indicated that the agent requests rezoning of approximately 33 acres from Agricultural (A-2) to Residential General (R-2) and General Commercial (C-2). The property is located on the southwest side of Route 652 (Kentucky Springs Road), north of Route 685 (Centerville Road). The property is further identified as tax map parcels 30-16 and 30-17, in the Cuckoo Magisterial District and Cuckoo Voting District. The 2001 Comprehensive Plan designates this area of Louisa County within the Lake Anna Designated Growth Area for Low Density Residential. There was no one present at the Neighborhood Meeting held June 14, 2006 regarding this request other than the applicant. At the June 28, 2006 Development Review Committee meeting, the Committee expressed concerns that the applicant had not contacted the neighboring property owners to solicit comments regarding the proposed development. The Development Review Committee voted to continue this request until the July meeting for additional information to be submitted by the applicant, including results from neighbor contact and any proposed proffers. The Development Review Committee met again on July 26, 2006 to review the requested rezoning application. The applicant advised that they had met with the neighbor across the road and the President of the Pine Harbour Property Owners Association regarding the request. The neighbor across the road had no objections and the only concern expressed by the POA was the reference to “light industrial” uses. The applicant explained that instead of listing uses that would be excluded on-site, they chose to make a list of uses that would be allowed. The Committee agreed that the applicant had worked on the items that were requested of them at the June DRC meeting and voted to forward a recommendation of approval to the Planning Commission with the applicant clarifying the wording in the proposed proffers to remove “light industrial/ manufacturing and processing” and to include “construction trades with inside repair” and to have these revisions available at the Planning Commission meeting. The Planning Commission held a public hearing on August 10, 2006 and voted (7-0) to forward a recommendation of approval to the Board of Supervisors with the acceptance of the three proffers, as submitted, with the applicant proffering the May 2006 conceptual plan also. It appears that the request meets the spirit and intent of the zoning ordinance, and is partially consistent with the 2001 Comprehensive Plan designation of this area of Louisa County as Low Density Residential. The residential portion of the rezoning would also be in conformance with the surrounding land uses and zoning. The Board may wish to consider the possible benefits of a mixed-use project as opposed to just residential.
With no questions from the Board, Mr. Barnes opened the public hearing and asked the applicant if they wished to speak. Mr. Carroll indicated that he lives close to this area and he is hoping for something along the lines of a Ukrops and noted that there is going to be a lot more mixed use coming into this area. With no citizens wishing to speak Mr. Barnes closed the public hearing and brought discussion back to the Board.
During Board discussion, Mr. Gentry indicated that he likes the concept of mixed use in this area.
On motion of Mr. Gentry, seconded by Mr. Wright, which carried by a vote of 7-0, the Board voted to approve the rezoning of approximately 33 acres from Agricultural (A-2) to Residential General (R-2) and General Commercial (C-2).
REZ13-06; Mills Rogers, Applicant; Carolyn Payne Turpin, Owner; Penny G. Koch, Agent, Mr. Coffey noted that this is a request for rezoning of approximately 3.181 acres from Agricultural (A-2), Residential General (R-2) and Light Commercial (C-1) to General Commercial (C-2). The property is located on the north side of Route 860 (Klockner Road), just west of the intersection with Route 15 (James Madison Highway). The property is further identified as tax map parcel 2-14, in the Green Springs Magisterial District and Green Springs Voting District. The 2001 Comprehensive Plan designates this area of Louisa County as Community Service bordering mixed use within the Gordonsville Designated Growth Area. One person was in attendance at the Neighborhood Meeting held on July 12, 2006 and they stated that they did not have any problems with the request. The Development Review Committee met on July 26, 2006 to review the requested rezoning application. There was discussion with the agent regarding the items the Committee would like to see addressed before the Planning Commission meeting, and voted to forward a recommendation of approval to the Planning Commission. The items to be addressed by the applicant include the buffer, traffic (access) and the use of the site.
The Planning Commission held a public hearing on August 10, 2006 at which there was one person who spoke for the rezoning request stating that it was a good use of the property and would not create a burden on schools, roads, water or sewer services. The Planning Commission voted, 7-0, to forward a recommendation of approval on the requested rezoning with acceptance of the proffers as submitted by the applicant, with the addition of a proffer regarding dark sky lighting.
With no questions from the Board, Mr. Barnes opened the public hearing and asked the applicant if they wished to speak. Ms. Penny Koch spoke on behalf of Mills Rogers and gave a summary of the request and indicated that she was there to answer any questions. With no citizens wishing to speak Mr. Barnes closed the public hearing and brought discussion back to the Board. Mr. Havasy indicated that the applicant has been very cooperative and that this is a good fit.
On motion of Mr. Havasy, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board voted to approve the rezoning of approximately 3.181 acres from Agricultural (A-2), Residential General (R-2) and Light Commercial (C-1) to General Commercial (C-2).
On motion of Mr. Wright, seconded by Mr. Havasy, which carried by a vote of 7-0, the Board voted to adjourn the October 2, 2006 regular meeting at 7:30 p.m.
BY ORDER OF
FITZGERALD A. BARNES, CHAIRMAN
LOUISA COUNTY BOARD OF SUPERVISORS
LOUISA COUNTY, LOUISA, VIRGINIA