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DECEMBER 4, 2006
5:00 P.M.



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; Amanda Lloyd, Office Manager and Michele Doty, Deputy Clerk

CALL TO ORDER

Chairman Barnes called the December 4, 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. Purcell indicated that he would like to add discussion of the Planning Department to closed session.

On motion of Mr. Wright, seconded by Mr. Purcell, which carried by a vote of 7-0, the December 4, 2006 agenda was adopted as amended.

PRESENTATIONS

VDOT Monthly Update - Jamie Glass, Assistant Resident Administrator, provided an update of VDOT activities.  Mr. Glass indicated that routine maintenance operations this past month consisted mostly of minor patching (mostly on secondaries), installing entrance pipes, brush cutting on right of ways with boom axe, machining dirt roads and preparing for the upcoming North Anna Radiological Monitoring Exercise.  Mr. Glass stated that the Rt. 1002, Cammack Street sidewalk project in the Town of Louisa is still continuing and State Force Construction Crews are still working on Rt. 807, the Industrial Access project, weather permitting.  Mr. Glass noted that in last the two weeks, there have been 4 plans and/or plats for new subdivisions and developments submitted for VDOT review and comments. Mr. Glass informed the Board that “School Bus Stop Ahead” signs were installed on Rt. 604, Roundabout Road. Mr. Gentry wished Mr. Glass luck on his second interview for the Resident Administrator position.  Mr. Gentry stated that he would like for the Board to request adding Zion Crossroad on Interstate 64 due to the growth in that area.

        
On motion of Mr. Gentry, seconded by Mr. Jennings, which carried by a vote of 7-0, the Board agreed to request VDOT add Zion Crossroads signs on Interstate 64.

Mr. Gentry expressed his concern of having two public hearings for the six year plan.  Mr. Gentry further stated that as long as there is proper communication between the Board and VDOT there should not be any issues.  Mr. Gentry stated that he feels if the Board presents their requests to VDOT and have one joint public hearing it should be sufficient.  The remaining Board members concurred that only one public hearing is needed.

Mr. Harper asked Mr. Glass if they could do a speed study on the 45 mph zone on Rt. 33, just beyond Louisa, due to the new drive for Skydive America and other issues that may arise in the future.  Mr. Glass indicated that he will check into when was last done and do another request if it has been more than a couple of years.  Mr. Barnes questioned the status of Capt. Meade Rd. and Mr. Glass indicated that this is on the list.

Mr. Barnes asked if there is anyway to get a zip code for Zion Crossroads, Virginia through the postal service due to the growth in that area.  Mr. Lintecum indicated that he will check into this with the postal service.  

Mr. Purcell indicated that there is some fairly significant opposition to closing area headquarters and encouraged each Board member to write their representatives to encourage keeping the Louisa office open.  Mr. Barnes confirmed with Mr. Lintecum that a letter from the Board in opposition to these closing had been done.

NEW BUSINESS

Exemption from real estate property taxes for the Fluvanna/Louisa Housing Foundation Mr. Howard Evergreen, Director informed the Board that they have finished their first house under the program which was for a county employee.  They are hoping to do another house as soon as they find another parcel.  Mr. Evergreen indicated that they currently pay property taxes for these parcels of property and would like to request an exemption to not pay taxes on these parcels while they are under development and construction.  Mr. Evergreen noted that Habitat for Humanity presently has this exemption and if granted this will help keep program costs down for the Fluvanna/Louisa Housing Foundation.

Mr. Purcell asked how this will affect the tax exemption for the person donating the property.  Mr. Evergreen indicated that this would have no affect as it will still be considered a donation to the Foundation. Mr. Evergreen noted that currently this exemption would only amount to $300-$400. Mr. Wright asked if there were any legal issues to be concerned about and Mr. Pat Morgan, County Attorney indicated that there were none.

On motion of Mr. Purcell, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board approved a tax exemption from real property taxes for the Fluvanna/Louisa Housing Foundation for undeveloped land owned in Louisa County.

COMMITTEE REPORTS

Mr. Wright indicated that the Special Budget Committee met with the School Board and had an open discussion on what each wanted to get from the special budget session.  Mr. Wright stated that they were invited to sit in on the School Boards budget work session to get a better idea of the School Board process.  Mr. Jennings indicated that communication is key and they are trying to get this started in a good manner.  Mr. Wright stated that they stressed to the School Board the need for total documentation and justification so the Board knows what is trying to be achieved and what results they are expecting.

BOARD APPOINTMENT

Mr. Jennings indicated that he would like to appoint Mr. Walter Barrett to the Affordable Housing Committee.

Mr. Wright stated that Mr. Young had not received an acknowledge letter of his appointment.  Mr. Wright further stated that the Board members need to receive a copy of the acknowledgement letters that are sent.  Mr. Lintecum indicated that he will check into the status of the letter for Mr. Young.

On motion of Mr. Jennings, seconded by Mr. Wright, which carried by a vote of 7-0, the Board appointed Mr. Walter Barrett to the Affordable Housing Committee.

COUNTY ADMINISTRATOR REPORT

Mr. Lintecum noted that due to New Year holidays the first meeting in January needs to be changed and asked if January 3rd would be acceptable to the Board.  Mr. Lintecum further noted that no public hearings have been scheduled for this meeting.

On motion of Mr. Gentry, seconded by Mr. Purcell, which carried by a vote of 7-0, the Board agreed to hold the first meeting of January 2007 on January 3, 2007.

Mr. Lintecum asked the Board whether the Zoning Workshop should be scheduled for December 19th or December 20th.  It was agreed by the Board to hold the workshop on December 19th at 6:00 p.m. in the Louisa County office building.  Mr. Wright confirmed that this will be a workshop with no public input.  Mr. Lintecum stated that there will be no public hearing at this meeting, however a separate meeting would be held on the changes following the workshop.

CONSENT ITEMS

Approve - Interlocal Agreement to implement the Workforce Investment Act

On motion of Mr. Wright, seconded by Mr. Havasy, which carried by a vote of 7-0, the Board approved the Interlocal Agreement to implement the Workforce Investment Act.

Resolution Supplemental appropriation for the Sheriffs Department for vehicle replacement

On motion of Mr. Wright, seconded by Mr. Havasy, which carried by a vote of 7-0, the Board approved the supplemental appropriation for the Sheriffs Department for vehicle replacement.

Schedule Public Hearing - REZ17-06; Rosa L. Winston, et als, (Louisa County Circuit Court Chancery Case), Applicants; Rosa L. Winston, et als (John H., Mary S. and Eppie Waller, Heirs), Owners; Harold H. Purcell and James L. Lillie, III, Esquires (Special Commissioners), Agents.  (January 16, 2007)

On motion of Mr. Wright, seconded by Mr. Havasy, which carried by vote of 7-0, a public hearing is scheduled for January 16, 2007 for REZ17-06; Rosa L. Winston, et als, (Louisa County Circuit Court Chancery Case), Applicants; Rosa L. Winston, et als (John H., Mary S. and Eppie Waller, Heirs), Owners; Harold H. Purcell and James L. Lillie, III, Esquires (Special Commissioners), Agents; request rezoning of approximately 42.32 acres from Agricultural (A-1) to Agricultural (A-2).  

Schedule Public Hearing - REZ18-06; Woodview Properties, LLC, c/o Ivan Cowger, III, Applicant; Gloria Clarke and Otelia G. Mallory Family Trust, Owners; requests rezoning of approximately 54.25 acres from Agricultural (A-2) to Residential General (R-2).  (January 16, 2007)

On motion of Mr. Wright, seconded by Mr. Havasy, which carried by vote of 7-0, a public hearing is scheduled for January 16, 2007 for REZ18-06; Woodview Properties, LLC, c/o Ivan Cowger, III, Applicant; Gloria Clarke and Otelia G. Mallory Family Trust, Owners; requests rezoning of approximately 54.25 acres from Agricultural (A-2) to Residential General (R-2).  

Schedule Public Hearing - Amend Section 86-464 Districts described to add Taylors Creek (#2) Agricultural and Forestal District.  (January 16, 2007)

On motion of Mr. Wright, seconded by Mr. Havasy, which carried by vote of 7-0, a public hearing is scheduled for January 16, 2007 to amend Section 86-464 Districts described to add Taylors Creek (#2) Agricultural and Forestal District.  

Schedule Public Hearing - Review and consideration of the 2006-07 Louisa County Capital Improvements Program, based on the 2006 Comprehensive Plan and in accordance with Section 15.2-2239 of the State Code of Virginia.  (January 16, 2007)

On motion of Mr. Wright, seconded by Mr. Havasy, which carried by vote of 7-0, a public hearing is scheduled for January 16, 2007 for review and consideration of the 2006-07 Louisa County Capital Improvements Program, based on the 2006 Comprehensive Plan and in accordance with Section 15.2-2239 of the State Code of Virginia.  (January 16, 2007)

Schedule Public Hearing - Review and consideration of a cash proffer policy in the amount of $4,362.00, based on the approved 2006-07 Louisa County Capital Improvements Program and in accordance with Section 15.2-2298 of the State Code of Virginia.

On motion of Mr. Wright, seconded by Mr. Havasy, which carried by vote of 7-0, a public hearing is scheduled for January 16, 2007 for review and consideration of a cash proffer policy in the amount of $4,362.00, based on the approved 2006-07 Louisa County Capital Improvements Program and in accordance with Section 15.2-2298 of the State Code of Virginia.  

CORRESPONDENCE

Mr. Harper asked if discussion was needed regarding the letter from Mr. Ricky Bywater.  Mr. Lintecum indicated that he would pass the letter on to the schools asking for their comments and then report back to the Board.  

APPROVAL OF BILLS

On motion of Mr. Wright, seconded by Mr. Havasy, with Mr. Harper abstaining on bills pertaining to him, which carried by a vote of 7-0, a resolution was adopted approving the bills for the second half of November 2006 for the County of Louisa in the amount of $455,701.53.

APPROVAL OF MINUTES

        On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board adopted the minutes of the November 6, 2006 meeting.

        On motion of Mr. Wright, seconded by Mr. Jennings, which carried by a vote of 7-0, the Board adopted the minutes of the November 8, 2006 meeting.

        On motion of Mr. Gentry, seconded by Mr. Purcell, which carried by a vote of 7-0, the Board adopted the minutes of the November 20, 2006 meeting.

CITIZEN INFORMATION PERIOD

Dr. Alice Morgan Brown, Jackson District, stated that she came before the Board due to the berm being required on their property.  Dr. Brown stated that this property was previously owned by her husbands family.  Dr. Brown noted that they submitted a plan and signed a document agreement in lieu of the erosion and sediment plan.  They are now being told they must build a berm to get a final permit and feels this should have been a part of the permit policy and procedure before they were allowed to build the house.  Dr. Brown stated that was not on the architectural plan, never mentioned during the construction of the house and only told after the fact when applying for the occupancy permit. Dr. Brown noted that as a lay person it is difficult to understand the language. Dr. Brown stated that they checked with their lawyer, the surveyor and the certified land disturber, who were all unaware of this policy. Dr. Brown provided a picture of their land to the Board which shows the land is flat and she questioned what purpose the berm would serve.  Dr. Brown stated that they thought these were guidelines not requirements; they now need help and need to know what is expected. Dr. Brown stated that their bank loan is pending this final permit.

Mr. Barnes noted that another Board member has been contacted by another  property owner about a similar problem. Mr. Barnes questioned if the Supervisors and
Mr. Darren Coffey, Director of Community Development, could mediate this situation as there could be other things done other than the berm. Mr. Wright questioned why it was so long in the process before this requirement was brought up. Mr. Purcell recommended that Mr. Jennings, Mr. Coffey and the application discuss this issue during the meeting break to come up with a resolution. Mr. Gentry stated that the berm requirement in the Shoreline Management is to ensure the quality of the water and keep run off from getting into the water.  Mr. Gentry further stated that there can be flexibility in the requirement.  Mr. Coffey indicated this permit was pulled in April and as part of the permit, the applicant signed the Lake Anna Shoreline Agreement in Lieu. Mr. Coffey noted that at that time this procedure was not as well defined as it is now. Mr. Coffey stated that there are other alternatives that can be done if an engineer signs off on it and thinks this can be worked out with the applicant to at least get a temporary occupancy permit at this time. Mr. Coffey noted that the Shoreline Annual Review will be done in the near future and presented to the Board which will help iron out the issues that have arisen over the past year. Mr. Wright questioned what a financial institutions reaction would be to a temporary occupancy permit. Mr. Coffey indicated that this has been done prior and that applicant was able to go to closing. Mr. Wright noted that each institution will handle this differently.

DISCUSSION

Watershed Based Plan for Acid Mine Drainage Remediation

Mr. Purcell questioned what, if any, expense the County would incur and noted that this looks like a good program. Mr. Harper noted that the program is between several agencies and private individuals. Mr. Harper stated that there will be no monetary obligation to the County, rather this will be an endorsement of the program by the County. Mr. Jennings noted that he could also bring this issue before the Lake Anna Advisory Committee for their endorsement.

On motion of Mr. Gentry, seconded by Mr. Purcell, which carried by a vote of 7-0, the Board endorsed the Watershed Based Plan for Acid Mine Drainage Remediation.

CLOSED SESSION

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 5:40 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.

2.        In accordance with §2.23711 (a) (1) of the Code of Virginia, 1950 as amended, for the purpose of discussing personnel reporting directly to the Administrator.

REGULAR SESSION

On motion of Mr. Wright, seconded by Mr. Jennings, which carried by a vote of 7-0, the Board voted to return to Regular Session at 6:58 p.m.

RESOLUTION - CERTIFICATION OF CLOSED SESSION

On motion of Mr. Gentry, 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 4th day of December 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 4th day of December 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.

PUBLIC HEARINGS

REZ16-06; Eloise N. Rogers, Applicant/Owner; Mary Johnson, Bell Surveys, Inc., Agent; requests rezoning of approximately 29.263 acres from Agricultural (A-2) and Residential General (R-2) to General Commercial (C-2).  The property is located in the northeast corner of the intersection of Route 208 (New Bridge Road) and Route 670 (Oak Grove Drive). The property is further identified as tax map parcel 17-25, in the Mineral Magisterial and Voting Districts.

Mr. Coffey stated the Comprehensive Plan designates this area of Louisa County as regional service bordering mixed use within the Lake Anna designated growth area.  Mr. Coffey noted that one person was in attendance at the Neighborhood Meeting held on September 13, 2006. This individual expressed an interest in knowing the types of commercial uses that the developer had in mind for the property and expressed concerns with unattractive commercial activity similar to the type that currently exists in the area.  The agent advised that an attractive site was a concern for the developer as well and that buffering with a landscape plan would be part of the project.  As far as specific uses, the agent indicated that it is hard to attract potential commercial users until the actual zoning is in place; however, the developer is targeting uses that the Lake Anna area has verbally indicated in the past that they would like to see in this area.

The Development Review Committee met on September 27, 2006.  Several Committee members agreed that they did not have an issue not having a definitive conceptual plan and that they should make their recommendation based on the information presented to them.  The Committee voted 5-0 to forward a recommendation of approval to the Planning Commission.  The Planning Commission held a public hearing on October 12, 2006 at which there was one person present that spoke during the public hearing.  This citizen indicated that they were speaking on behalf of several other property owners and supported the rezoning request with the proffers that were presented.  The Planning Commission voted 6-0 to forward a recommendation of approval to the Board of Supervisors with the proffers as presented by the applicants agent.  Mr. Coffey provided a copy of the proffers to the Board members for their reference.  Mr. Coffey stated that the application appears to be compatibility with the area land use, zoning patterns and consistent with the Comprehensive Plan designation of this area.

Mr. Havasy asked how much control the Planning Department will have on the landscaping in regard to the Architectural Review Board.  Mr. Coffey indicated that this is ultimately left up to the Architectural Review Board (ARB) so if this proffer is accepted it will be legally enforceable.  Mr. Coffey stated that due to applicant and history he feels comfortable with the wording of this proffer and the ARB will handle this appropriately.  Mr. Havasy agrees in regard to the applicants reputation but still questions wording.  Mr. Coffey indicated although this will be under the ARB, if board members were to change it would then be a proffer amendment and would go back through the public process.  Mr. Wright questioned if a group home could legally be proffered out in commercial zoning.  Following discussion with members of the Board it was agreed that this could be addressed at a later time.

Mr. Barnes opened the public hearing and asked the applicants if they wished to speak.  
Ms. Mary Johnson, Bells Surveys, provided the Board with a visual map of the surrounding area of the property being requested to be rezoned.  Ms. Johnson indicated their goal is to actively seek the commercial uses the Lake Anna Community has indicated they would like to see in this area.  Ms. Johnson noted that in order to attract upscale commercial activity, rezoning is essential before serious negotiations take place.  Ms. Johnson referenced the proffers that were provided with this request and the architectural review board that has been developed for this project to ensure commercial activity will serve the needs of the community.  Mr. Wright noted that he believes this prime property would not attract any undesirable type of commercial activity.  Ms. Johnson agreed noting the existing commercial development will be a tough act to follow.

Bob Harvey, Mineral District, stated that he wants to ensure the entrance at Oak Grove Drive will be protected and preserved in a way that gives credit to the  residences already established on Oak Grove Drive.  Mr. Harvey indicated that he hopes the commercial development that goes in will be compatible with the quality of these homes and that the ARB will allow opportunities for members of the homeowners associations to be members of the review board.  Mr. Harvey noted that this would help integrate those areas with the commercial development.  Mr. Harvey pointed out that in evaluating the differences between C-1 and C-2, he questions whether it  is necessary to have a C-2 development in this area where a C-1 zoning may be more appropriate.

Ms. Johnson apologized to Mr. Harvey for not attending their homeowner association board meeting.  Ms. Johnson agreed that it is a good idea to solicit input from the neighbors.  Ms. Johnson indicated that in regard to the C-2 zoning, the Comprehensive Plan allows for regional services which would be more consistent with a C-2 zoning versus C-1 zoning which would be more restrictive.

With no other citizens wishing to address the Board, Mr. Barnes closed the public hearing and brought discussion back to the Board.  Mr. Purcell noted that an ARB can be altered as the covenants are altered and the owners of this property have vested interest in making sure this is a nice development.  Mr. Purcell stated that the larger issue is the question of speculative rezoning; it is not uncommon for an applicant to want to rezone to the highest and best use possible in order to attract upscale activities and sees no problem with it.  Mr. Harper indicated that as other members have stated, he believes the applicants will do what they have promised and also appreciates the homeowners concerns in wanting to see that the entrance stays attractive.  Mr. Harper stated that he is confident the applicant will proceed in that manner, that homeowners will be consulted, that there will be a meeting of the minds in what is best and he supports this rezoning.

On motion of Mr. Harper, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board approved the rezoning request.

Amend the Louisa County Code, Section 14.41, dogs running at large in certain subdivisions; penalty for violation, to add Hidden Hills Subdivision, Green Springs District, Louisa County, Virginia.

Mr. Lintecum indicated that the Hidden Hills Subdivision Property Owners Association has requested they be added to this ordinance.  Mr. Barnes opened the public hearing.  With no citizens wishing to address the Board, Mr. Barnes closed the public hearing and brought discussion back to the Board.  Mr. Havasy noted that this issue can be a problem in many areas and if the subdivision finds it necessary then he supports the request.  

On motion of Mr. Havasy, seconded by Mr. Wright, which carried by a vote of 7-0, the Board amended the Louisa County Code, Section 14.41, dogs running at large in certain subdivisions; penalty for violation, to add Hidden Hills Subdivision, Green Springs District, Louisa County, Virginia.

ADJOURNMENT

On motion of Mr. Gentry, seconded by Mr. Purcell, which carried by a vote of 7-0, the Board voted to adjourn the regular meeting at 7:30 p.m.



BY ORDER OF


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