January 18, 2005|
Fitzgerald A. Barnes, Willie L. Gentry, Jr., Willie L. Harper, Allen B. Jennings, David B. Morgan, Eric F. Purcell, and Jack T. Wright
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 January 18, 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
Mr. Gentry stated that he wanted to abstain from a check pertaining to him for travel reimbursement.
Mr. Wright stated that he wanted to abstain from a check pertaining to him for travel reimbursement.
On motion of Mr. Wright, seconded by Mr. Jennings, which carried by a vote of 7-0, with Messrs Gentry and Wright abstaining from reimbursement checks pertaining to them, the following resolution was adopted:
A RESOLUTION TO APPROVE THE BILLS FOR THE FIRST HALF OF JANUARY 2005, COUNTY OF LOUISA, LOUISA, VIRGINIA
WHEREAS, the Louisa County Board of Supervisors, by resolution adopted June 7, 2004, did approve the budget for the County of Louisa for the Fiscal Year 2004-05; and
WHEREAS, the Louisa County Board of Supervisors, by resolution adopted, did appropriate funds to be expended during the second half of Fiscal Year 2004-05 on June 21, 2004 in accordance with the approved budget; and
WHEREAS, the checks listed for the first half of January 2005, representing payments of invoices which are within the appropriated amounts.
NOW, THEREFORE BE IT RESOLVED by the Louisa County Board of Supervisors on this 18th day of January 2005, that the bills for the first half of January 2005 for the County of Louisa be and hereby are approved for payment for the County of Louisa in the amount of $404,856.76.
Cris Watkins, Voter Registrar, informed the Board that the voting machines that were recently purchased have been paid for in full. Mrs. Watkins said that they still have around $40,000 left to seek reimbursement for accessibility improvements and other things of that nature and possibly purchase some more voting machines. Mrs. Watkins said that they have to come up with a plan for the money in order for them to spend it. Mrs. Watkins stated that the new machines were used in the recent election and she feels that everything went very well with them.
Mr. Gentry asked Mrs. Watkins if there were any problems at all.
Mrs. Watkins replied that they experienced problems with one machine that was located at the South Anna Precinct. Mrs. Watkins said that this machine went down, but there had to have been some type of human error involved with this. Mrs. Watkins explained that they had sent a technician out to the site to reprogram the machine, so there was a one and a half hour time frame that they voted paper ballots. Mrs. Watkins said that they did not want to point any fingers since these machines were new to everyone. Mrs. Watkins stated that she was not aware of any problems that they had from this precinct due to the machine being down.
Mr. Purcell said that in light of how technology often changes and gets more advanced in time, he questioned if there was any type of plan or contingencies in place at the federal or state level that could be used in the future towards upgrading the voting machines.
Mrs. Watkins replied that if the federal law mandates a change, then the companies are supposed to update the voting machines. Mrs. Watkins said that the machines that they purchased are adaptable to the verifiable paper trail if that were to become a federal mandate. Mrs. Watkins pointed out that they had purchased a four-year warranty on these machines that were paid for by the federal government. Mrs. Watkins said that they do anticipate purchasing a few extra machines to accommodate future growth in the County.
CITIZENS INFORMATION PERIOD
There were no citizens wishing to address the Board.
ADOPTION OF THE AGENDA
Lee Lintecum, County Administrator, informed the Board that item nine on the agenda for the local Emergency Planning Committee should be removed from tonight’s agenda and will be rescheduled for their February 7, 2005 meeting.
Mr. Lintecum said that Mr. Wright and Pat Morgan, County Attorney, would like to add a proposed change to the precinct boundary lines in the Mountain Road Districts as a Consent Agenda item.
Mr. Lintecum said that he would like to add consultation with legal counsel regarding litigation in the Zion Crossroads area to closed session.
Chairman Barnes said that he would like to add consultation with legal counsel for potential litigation with the Louisa County Community Development Department to closed session.
Mr. Gentry said that he would like to add signage for the Trevilian Station Battlefield as a topic for discussion to the agenda.
On motion of Mr. Purcell, seconded by Mr. Jennings, which carried by a vote of 7-0, the January 18, 2005 agenda was adopted as amended.
County Assessments – Jerry Hall
Jerry Hall, Louisa County Assessor, informed the Board that the assessments have been completed and mailed out. Mr. Hall stated that there has been a substantial increase in the County. Mr. Hall explained that according to state law, they have to appraise to the market to the best that they can. Mr. Hall said that the market has been changeable over the last few years and even though there is a substantial increase, Louisa County is still below the market by a good bit. Mr. Hall said that they have begun holding their public hearings. Mr. Hall said that even with the increase that they have had this year, they do not have any more individuals coming in than what they have had in the past.
Mr. Gentry said that he has received several phones calls regarding the assessments from individuals that are irritated, but once he has explained the process to them they seem to back off somewhat.
Dr. Morgan questioned if they were to make any adjustments based on the reviews that they have if this would filter down to other individuals in the same area.
Mr. Hall replied that their assessments are usually specific to the individual property. Mr. Hall said that they could experience one that would have an impact on a subdivision.
Dr. Morgan said that he feels that it is important for individuals to understand that this is a two-step process in determining what the actual tax bill would be. Dr. Morgan said that this is the initial phase that is state mandated and then once the Board has had the chance to look at the overall budget, they could adjust the tax rate to accommodate the increases in assessments.
Mr. Wright said that he has received phone calls from individuals that he has explained the process so they have a better understanding.
Mr. Hall reiterated that this process is state mandated and is driven by the market.
Piedmont Virginia Community College Annual Report – Dr. Friedman
Dr. Frank Friedman, Piedmont Virginia Community College President, thanked the Board for the opportunity to provide an update to them and for their continuing support. Dr. Friedman extended his appreciation to the Board for their appointment of Virginia Bickley as the Louisa County representative to the Piedmont Virginia Community College Board. Dr. Friedman stated that she does a wonderful job representing the Board and the citizens of Louisa County. Dr. Friedman said that for the year that ended June 30, 2004 they had around 6500 students during that year, which 350 of those were residents of Louisa County. He said that they also had a record enrollment on their full time equivalent during this year, which is what they are funded on. Dr. Friedman said that during their fall semester that had twenty-three graduates from Louisa County High School enrolled, which was about 8% of the graduating class of 2004. Dr. Friedman said that they have continued to see a tremendous growth in the dual enrollment program. Dr. Friedman explained that the dual enrollment program is where Piedmont brings courses to the high schools during the day. These are college level courses that the students take that offer credits towards their high school graduation as well giving them a college credit that transfers with them, which is tuition free. Dr. Friedman said that Piedmont has increased the number of courses that they are offering over the Internet. This is something that continues to have increased enrollment due to the convenience that it provides to these individuals that don’t have to commute back and forth and are able to take the courses at times that are convenient with their schedules. Dr. Friedman stated that due to market demands, they have once again expanded their nursing program. He said that they received a federal grant that they used to open up a section of their nursing program that runs strictly on Friday nights and weekends. Dr. Friedman said that similarly in health care, they offer a Surgical Technology Program that is offered from Piedmont to Lynchburg, Roanoke, and Winchester over video conferencing technology. This helps to alleviate the costs for faculty at these other locations since they teach it over compressed video and the students do their clinical work at hospitals while their faculty members supervises. Dr. Friedman stated that they have received a grant to go ahead and put together some programs to serve the wine industry that seems to be growing up in the Central Virginia area. Dr. Friedman said that they are starting to look at programs in enology and viticulture, which they hope to develop in the workforce program with the state grant. Dr. Friedman stated that they transferred five hundred students on towards their bachelor’s degree last year, which 100 of them went to the University of Virginia. He said that they did a survey of their transfers and found that 80% were able to transfer to their first choice college. Dr. Friedman said that Micah Crowsey of Greene County made the All USA Academic First Team for Community Colleges out of five million students from across the nation; he was picked within the top twenty people by the USA Today newspaper. He said that Mr. Crowsey was also chosen as the Outstanding Community College Student in the state of Virginia by the Coca-Cola Foundation and received scholarships from both organizations. Dr. Friedman reminded the Board about the renovations to their main building that he had told them about last year, which the construction bids that were received came in way over their budget, so he is going back to the General Assembly looking for the extra million dollars that they need to make this renovation happen. Dr. Friedman said that they are currently designing a new Science Building that they have received the funding for from the General Assembly. Dr. Friedman stated that this facility would enable them to open new health care programs. Dr. Friedman said that they would like to eventually have facilities to offer an expansion program in construction trades, hospitality programs, and perhaps culinary arts.
Dr. Morgan said that he believes that it is widely recognized now that the community college system is essential for developing a skilled workforce and that is essential to making sure that you have successful economic development.
Dr. Friedman thanked Dr. Morgan for his comments and said that when they interact with the Governor’s office or the General Assembly this is at the top of their list for issues that they want to talk about to find out what they are doing in workforce preparation and how they are supporting local and economic development.
Chairman Barnes thanked Dr. Friedman for his presentation. Chairman Barnes said that one of the things that he and Mr. Gentry had the opportunity to see in Mecklenburg County two weeks ago was that they were using the community college system down there to train employees of the manufacturing industry and others in a building that they could set up at a moments notice to accommodate those types of vocational skills. Chairman Barnes said that they had training classes for a DNA Lab, welding, and computer technology. Chairman Barnes said that if they were trying to attract an industry to Louisa County, then they would be able to change the classroom to accommodate the training for that particular business that is along the vocational line. Chairman Barnes stated that this is something that they could consider putting together in the future to attract industry and be able to train individuals at a moments notice.
Dr. Friedman responded by saying that they do not have a facility like that now. Dr. Friedman said that when he referred to instruction on studies such as Culinary Arts, this is just the kind of facility that they need to have to accommodate a laboratory or whatever is needed. Dr. Friedman said that they would certainly be interested in speaking with the appropriate individuals in the County to see if they could somehow jointly put together such a facility. Dr. Friedman said that the closest thing to this that they have in their plans is the Visitors Center at the base of the hill from Piedmont that Monticello is going to build a new center across Route 20 on their side of the mountain. Dr. Friedman said that they have been discussing the facility with them for quite sometime that if they were to vacate the facility, then they would like to turn it into a workforce development center. Dr. Friedman said that they have received a fairly positive response from the City and County that jointly own the facility, but they are looking at a three to five year time frame.
Mr. Gentry said that at the High School, they currently have the Career and Technical Education General Advisory Council and questioned if they work with Piedmont.
Dr. Friedman replied that he is not aware if that specific group currently works with them, but he does know that they work with the High School in career and technical education.
Mr. Gentry said that if they are not currently working with them, then he feels that they are missing something. Mr. Gentry said that his daughter took fifteen credits in 1997 through the dual enrollment classes and he feels that it works extremely well. Mr. Gentry asked if they specifically track where the percentage of students that attend Piedmont and come back to Louisa County’s workforce.
Dr. Friedman replied that he could get that information, but he didn’t have it available this evening.
Mr. Harper said that during the presentation Dr. Friedman had mentioned construction trades and questioned if this interacted with K-Tech in any way.
Dr. Friedman replied that he had met with Joe Johnson, Director of K-Tech, and they talked about what opportunities there are in the construction trades that they could fill that are not being met right now.
Mr. Harper said that he mentioned in his presentation economic development, manufacturing, and production. Mr. Harper said that with regards to the different cultures that exist today with work ethics and so forth, if they don’t address those issues, he doesn’t know what they could address in terms of production.
Dr. Friedman replied that they have round table discussions that they call Workplace Essentials that includes about seventy-five employees where they work with existing employees. Dr. Friedman said that they discuss all of the basics for work ethics, dependability, liability, team building, and problem solving, which are all of the qualities that make a good employee.
Town of Louisa New Office Building and Art Center – Charles Rosson
Charles Rosson, Town of Louisa Mayor, informed the Board that he was here this evening to provide an update to them on the changes that are going on in the Town of Louisa. Mr. Rosson said that he feels that it is very important that they all think of themselves as a team whether you live in the County or the Town since it is all part of Louisa County. Mr. Rosson said that the Town Council has always been very big on thinking that the Town is the crown jewel of the County and that it needs to be preserved and accentuated. Mr. Rosson said that the Town is somewhat of the front door to the County because as they continue to recruit businesses, the Town is one of the first places that individuals encounter. Mr. Rosson explained that the Town Council held a very intensive retreat and visioning forum back in 2002, where they had a lot of brainstorming sessions to determine how they could improve the Town and how they could improve relations with the County. Mr. Rosson said that they received input from numerous citizens within the town and from other areas in the County, which they used to create the Louisa Downtown Master Plan. Mr. Rosson said that the Town Council purchased the old historic Louisa High School and twelve acres in the Town to rededicate it to the public. He said that this is really exciting to get this historic building back to public use again. The high school was built in 1907 and is the oldest publicly funded high school in the state of Virginia. Mr. Rosson stated that the whole property would be the Louisa Town Hall Complex that would include a park and a Community Arts Center, which will include an art gallery and a theatre that would seat 225 people. Mr. Rosson stated that the greatest potential of this project lies in the Community Arts Center. Mr. Rosson showed the Board a diagram of what the property would look like once it has been completed. The art gallery would consist of a studio with classrooms, a commercial kitchen, and a large meeting room. Mr. Rosson said that the park is also a big part of the property, which through the generosity of private funds and with the William Cooke Foundation they were able to work with the Little League to obtain a grant to restore the old ball field. Mr. Rosson said that the Sargeant Pettit house is on the property as well and has unique attributes. The home belonged to Virginia Sargeant Reynolds, who was the mother of J. Sargeant Reynolds and has historical significance to the County. Mr. Rosson stated that this house would be leased to the Louisa County Historical Society, which they will develop into a museum for the Town as well as the County. Mr. Rosson said that they anticipate costs of six to eight million dollars to complete this entire project, which they intend on asking the Board for $250,000 in the upcoming budget request. Mr. Rosson said that the Town of Louisa has made a major financial commitment to make this a success along with many others through donations and grants. Mr. Rosson said that they are working to make this project a private/public partnership. Mr. Rosson said that this project would beautify and accentuate the Town of Louisa, as well as the County seat. Mr. Rosson updated the Board on the recent growth that the Town is experiencing with the new 166 home subdivision on the west end of town, new home subdivision on Lyde Avenue (Route 1007), forty-eight new apartments are being constructed in Epworth Manor, and they are averaging about five to ten new homes per year that are being built in the Tanyard Subdivision. Mr. Rosson told the Board that the Town would appreciate any cooperation that they could give to them in terms of making this project a reality. In closing, Mr. Rosson informed the Board that the Louisa Downtown Development Corporation was organized as a non-profit organization to actually run the theatre and the arts center. In closing, Mr. Rosson introduced Mrs. Pam Stone, President of the Louisa Downtown Development Corporation.
Mrs. Stone informed the Board that she wanted to introduce their organization of Directors of the LDDC. Mrs. Stone said that the LDDC was formed in April 2004, where they began laying the groundwork to set up everything that they need to have in place to accomplish this project. Mrs. Stone stated that they are facing a huge challenge of raising around $1,000,000 from the private sector through grants and other entities. Mrs. Stone introduced the Board of Directors as Bill Murphy, Peggy Sadler, Ginna Cullen, Martha McIntire, Mary Jane Clarke, who is the Vice-President of the LDDC, Ted Richardson, George Hayfield, who is the Town Manager and the Secretary of the LDDC, Shelby Milholland, who is serving as Treasurer, John Schick, Roland Carey, and Shirley Stewart, who is their grants writer and not on the Board.
Roland Carey said that on behalf of the LDDC Board of Directors, he would like to make a few comments. Mr. Carey stated that he served twenty-four years as an Army Officer and one of the things that he was taught early on was that you must have a “can do” spirit about what you do. Mr. Carey said that as a resident of Louisa County, he has had the opportunity to work with lots of people in the County. Mr. Carey said that there have been a lot of tasks taken on in this County that were difficult, but were successful. Mr. Carey pointed out that over the years the school system has continued to grow and has improved its instruction, which the state recently recognized. Mr. Carey said that the public facilities in the County have improved along with the Government facility. Mr. Carey expressed the importance of this project to not only the Town of Louisa, but to the County and the surrounding communities as well. Mr. Carey stated that he firmly believes that this project would bring value to Louisa County and the surrounding localities. Mr. Carey said that the members of the LDDC Board represent a wealth of energy and experiences that represent government, education, business, and the military. Mr. Carey stated that the mission of their Board is to work with various entities, which include the Louisa Town Council and other segments of the community, to develop a plan for historic preservation and development of arts and culture, as well as public education. Mr. Carey said that the Board of Supervisors has an extremely important job of managing the very scarce resources of the public. Mr. Carey said that they recognize that the Board of Supervisors brings a talent of leadership and an ability to influence people positively in such a manner that they give their whole heartedly support. Mr. Carey stated that they were going to ask the Board of Supervisors for their leadership and support in the financial arena to support this key project.
Dr. Morgan said that he is impressed with the scope and quality of this project. Dr. Morgan commended the visions of the individuals that have this concept. Dr. Morgan said that he believes that this is going to provide recreational opportunities to a broad cross section of the citizens of the County.
Mr. Gentry said that it is very exciting to hear about this project. Mr. Gentry said that this is something that the County has needed for a long time and he hopes that they are able to help.
Mr. Purcell said that he is happy with the work the Town of Louisa has done. Mr. Purcell said that he believes that the combination of a public/private partnership is the best way to approach to this and he hopes that the Board would support this.
Chairman Barnes thanked everyone for their presentations and asked what kind of timeline they were looking at for completion of this project.
Mr. Rosson said that the bids were put out and they hope to have made an award by the middle of April. Mr. Rosson said that the overall process should take around six-months to complete.
Resolution – Appropriating Federal and Local Funding to the Louisa County School Board
Mr. Purcell pointed out that the School Board’s amended total was $37,676,385 and with this supplemental appropriation of $951,453, it would bring the total budget amount to $38,627,838. Mr. Purcell said that the supplemental appropriation column is broken down into salaries, benefits, contractual, internal, other charges, materials and supplies, payments to joint operations, capital outlay, and debt service. Mr. Purcell asked for further clarification on the categories of fringe benefits, contractual, and other charges.
Halsey Green, School Finance Director, replied that the fringe benefits category covers items such as hospitalization, VRS, FICA tax, and workers compensation, which cover what your costs are in addition to payroll. Mr. Green said that contractual services are outlined by the state where you are contracting for a service from an individual such as a consultant or something like a postage machine. Mr. Green said that the other charges are somewhat of a catchall that the state throws everything from travel, books and supplies, utility bills, and other items of this nature that it takes to run the school. Mr. Green said that materials and supplies covers items for educational materials, books, writing instruments, text books, and other operating supplies that are primarily used in the classroom.
Dr. Morgan questioned if they had the data available for the cost per student for FY04 vs. FY05 with this additional money.
Mr. Green replied that he doesn’t have the information with him this evening, but he had looked it up for another employee and found that the cost for FY05 was around $8,500 per student. Mr. Green said that he believes that FY04 the cost was around $7,900.
Dr. Morgan questioned if when they see those numbers published if they include the supplemental appropriations and cafeteria funding.
Mr. Green replied that the published numbers that they see are earlier in the year where the Superintendent has a report, but this is prior to these numbers. Mr. Green said that when they report to the state, these numbers are included.
Mr. Harper pointed out that the resolution from the school reflects that these funds are from federal and state funds that have been appropriates to the Louisa County School Board, where the resolution from the County reflects that the School Board would be receiving 951,453 from local and Federal Government. Mr. Harper said that he understood this to be from state and federal money. Mr. Harper stated that he doesn’t believe that they have received all of the answers to the questions that were asked at the last meeting.
Mr. Green replied that he has not seen the resolution from the county. Mr. Green said that the listing the state was an error on their behalf and they should have said local. Ernie McLeod explained that the local funding should be from the insurance payment that is listed there for $10,000.
Chairman Barnes questioned what would have happened if the schools had not received this money.
Mr. Green replied that they would not have had the money to spend. Mr. Green said that they wouldn’t have been able to hire the extra teachers under Title One, nor would they have been able to get the calculators and the reading first grant.
Mr. Harper stated that they didn’t have the money and he feels as though they hired staff recklessly not knowing if they were going to receive the funds.
Mr. Green said that they have been using the funds that they know they had and would have had to lay these individuals off if they don’t receive the supplemental appropriation.
Mr. Purcell said that he is not prepared to make a motion one way or another adding that whatever the Board decides to do, this has been a learning experience for him. Mr. Purcell said that this should have been included with their budget.
Mr. Gentry said that he would like to make the motion to approve the resolution.
Mr. Wright seconded the motion.
Chairman Barnes explained that this is somewhat confusing for the Board when they received an original request for $1.9 million, then they received additional money from the state after the budget request and now there is an additional $951,453, which is almost 4 million in new revenue. Chairman Barnes said that constituents have implied that the Board has given them almost $900,000 and often question them.
Mr. Gentry said that because he has made the motion to approve this does not mean that he is not going to question the $40 million budget in the upcoming budget. Mr. Gentry said that if the Board does not approve these funds to go to the school then the monies would be lost.
Mr. Harper questioned when they start considering next years budget if they would be starting from the original amount or the final $40 million.
Mr. Wright stated that his support for this is based on the fact that this is a designated fund that cannot be used at their discretion.
On motion of Mr. Gentry, seconded by Mr. Wright, which carried by a vote of 6-1, with Mr. Harper voting against, the following resolution was adopted:
Discussion – 911 House Address Signage – Paul Snyder / Mike Schlemmer
A RESOLUTION APPROPRIATING FEDERAL AND LOCAL FUNDING TO THE LOUISA COUNTY SCHOOL BOARD
WHEREAS, the Louisa County School Board will be receiving $951,453 in funding from Local and Federal Government which had previously not been budgeted, and;
WHEREAS, the additional federal funds that have been approved, authorization to spend carryover federal funds, Perkins and Reading First Grants, and insurance recoveries.
NOW, THEREFORE BE IT RESOLVED, by the Louisa County Board of Supervisors on this 18th day of January 2005, that a supplemental appropriation is hereby granted in the amount of $951,453.00 for the fiscal year 2004-2005 to the Louisa County School Board.
Paul Snyder, chief Building Inspector, said that he was here this evening at the Board’s request to provide further information regarding 911 address signage. Mr. Snyder explained that for any new construction site that achieves a certificate of occupancy, during the construction phase there is someone from the Community Development staff goes out and takes a GIS reading and sends it off to EMSAG, which coordinates are then given back with an address number. Mr. Snyder said that this number is then presented to the Emergency Services Department and they provide the address sign for them to distribute after the certificate of occupancy has been issued. Mr. Snyder said that the reason he is here tonight is to discuss providing a better way to locate properties, especially in adverse conditions or during the nighttime. Mr. Snyder stated that his opinion is that the County doesn’t need to get into the business of being a sign company. Mr. Snyder said that it is very important that all properties have the proper type of signage for identification. Mr. Snyder said that the building code states during new construction and in the property maintenance phase of construction proper address signage is required. Mr. Snyder said that they have very restricted codes for property signage. Mr. Snyder said that any landowner wishing to purchase one address sign should be able to do so through the County or from a vendor of their choice. Mr. Snyder said that he believes the County should determine criteria of where and how the sign should be placed so it would be easily and readily seen by emergency personnel.
Dr. Morgan said that he had bought this issue to the Board’s attention at the request of EMSAL. Dr. Morgan stated that they have experienced difficulties on identifying some properties based on the signs that the County currently has, even when they are properly displayed. Dr. Morgan said that the recommendation to consider having County staff install the signs was generated by the fact that Fluvanna County does it and he wanted to have staff’s comments. Dr. Morgan said that he is leery of instituting a County wide policy at this time because there are always some sort of implications that have not been considered that could be generated by having a policy of this sort, but he thinks that putting this out on the basis that they require it for new construction would be reasonable and then they could readdress it in six months. Dr. Morgan said that he would like to see that the new reflective signs are made available at cost to any residents that would like to have them in their yards. Dr. Morgan said that he would envision that over the next couple of years that they would develop a policy to make it mandatory countrywide.
Mr. Wright said that he would support what both Dr. Morgan and Mr. Snyder are saying, but he feels that one of the problems when they first put this out in 1996 or 1997, it was put out more as information and did not stress the importance of them doing it correctly. Mr. Wright said that he doesn’t know how they are going to enforce this on the existing parcels, but he feels they need to remain consistent on what they are going to do.
Mr. Snyder said that he agrees with the existing homes. He said the biggest step they need to take in education and notification to the public that address signage is for emergency service personnel. Mr. Snyder said that if the Board desires, they could incorporate in to their departments practice that properly displayed address signage be up in order to achieve their certificate of occupancy.
Dr. Morgan said that he would present this information at the next EMSAL meeting and work with Mr. Morgan to draft a policy for the Board to review.
Discussion – By Laws of the Board of Supervisors
On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board agreed to adopt the bylaws as they are currently written for the 2005 calendar year.
Appointments of Board Members to Committees and Agencies
Chairman Barnes provided an updated list of committees to the Board members that reflect the appointments that they will hold for 2005. Chairman Barnes identified the changes he made to the Board appointments as Mr. Gentry taking Mr. Wrights place on the Planning Commission as the Board Liaison, Mr. Wright is going to be appointed to the Social Services and the CPMT, Mr. Purcell is going to be appointed to the Library Advisory Board. Chairman Barnes said that they have created a new committee this year for Economic Development that both he and Mr. Gentry would be serving on.
Dr. Morgan reminded Chairman Barnes that he had appointed him to the Clean Community Commission and asked that this be added to the list.
Chairman Barnes asked Mr. Lintecum to follow through with Dr. Morgan’s request.
LOUISA COUNTY BOARD OF SUPERVISORS
|I. BOARD INTERAGENCY APPOINTMENTS TO COMMITTEES:|
|A.|| Agricultural/Forestal Advisory Commission ||Dr. David Morgan|
|B.|| Industrial Development Authority || Fitzgerald A. Barnes|
|C. ||Louisa County Planning Commission Liaison ||Willie L. Gentry, Jr.|
|D. ||Thomas Jefferson Planning District Comm. ||Dr. David Morgan/Eric Purcell|
|E. ||Water Authority || Allen B. Jennings|
|F.|| Water & Sewer Rates Committee || Willie L. Harper|
|G. ||Social Services Board || Jackson T. Wright|
|H. ||Commission on Aging ||Jackson T. Wright|
|I. ||Transportation Safety Commission Liaison ||Willie L. Gentry, Jr.|
|J. ||Parks & Rec. Advisory Committee Liaison ||Fitzgerald A. Barnes|
|K.|| Rescue Squad (EMSAL) Liaisons ||Dr. David Morgan|
|L.|| CPMT ||Jackson T. Wright|
|M. ||Lake Anna Advisory Commission ||Allen B. Jennings|
| || ||C. Lee Lintecum, Ex-Officio|
|N.|| Towns (Louisa & Mineral) || Eric Purcell/Willie Harper|
|O.|| VA Power Spent Fuel ||Dr. David Morgan|
|P. ||Library Advisory Board ||Eric F. Purcell|
|Q. ||Rappahannock Juvenile Detention Board ||Allen B. Jennings|
|R. ||Fire Association & Communications Equip. ||Willie L. Harper|
|S. ||County Medical Insurance Comm. Liaison ||Fitzgerald Barnes/Jack Wright|
|T. ||Sheriff’s Department Interface || Willie L. Harper|
|U.|| School Construction & Planning Liaisons ||Fitzgerald A. Barnes|
| || ||Allen B. Jennings|
|V. ||Volunteers of Louisa Liaison || Willie L. Gentry, Jr.|
|W.|| Trevilians Battlefield Foundation Liaison || Jackson T. Wright|
|X. ||Linkages ||Willie L. Gentry|
| || ||Allen B. Jennings|
|Y. ||Clean Community Commission || Dr. David Morgan|
II. BOARD INTERNAL COMMITTEES:
|A.|| Management & Budget || Fitzgerald A. Barnes|
| || ||Willie L. Gentry, Jr.|
|B. || Public Works || Fitzgerald A. Barnes|
| || ||Willie L. Gentry, Jr.|
|(Countywide infrastructure. Water, sewer, landfill, refuse transfer sites) |
|C. ||Buildings & Grounds || Jackson T. Wright|
| || ||Allen B. Jennings|
|(County office building, courts building, other county owned/controlled properties excluding landfill related operations)|
|D. ||Technology Committee || Fitzgerald A. Barnes|
| || ||Dr. David Morgan|
|E. ||Personnel (Entire Board on select appointments)|| Fitzgerald A. Barnes|
| || ||Willie L. Gentry, Jr.|
|F. ||Parliamentarian ||Patrick Morgan|
|G. ||Economic Development ||Fitzgerald A. Barnes|
| || ||Willie L. Gentry, Jr.|
|*First name listed represents the Chairman of that Committee|
Discussion – Drafted Minute Preparation and Publication
Dr. Morgan said that he has no problems with getting his comments back by close of business Monday as long as he receives the minutes to review by close of business
Mr. Lintecum replied that the minutes would be sent out.
Resolution – Requesting Captain Meade Road (Route 641) as a Rural Rustic Road
Chairman Barnes said that he had asked the VDOT Resident Engineer to look at Captain Meade Road (Route 641) for consideration to the Rural Rustic Road Program, where they determined that it qualified.
On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, the following resolution was adopted:
Trevilian Station Battlefield Signage
A RESOLUTION TO REQUEST CAPTAIN MEADE ROAD (ROUTE 641) AS A RURAL RUSTIC ROAD
WHEREAS, during the 2002 session of the General Assembly, legislation was passed to revise §33.1-70.1 of the code of Virginia, to allow for the improvement and hard surfacing of certain unpaved roads deemed to qualify for and be designated a Rural Rustic Road; and
WHEREAS, such roads must be located in a low-density development area and have a minimum of 50 vehicles per day (vpd), and have no more than 500 vpd; and
WHEREAS, this Board is unaware of pending development that will significantly affect the existing traffic on the road; and
WHEREAS, the citizens that utilize this road have been aware of this road being paved with minimal improvements and
WHEREAS, this Board believes Captain Meade Road (Route 641) should be designated a Rural Rustic Road, owing to its qualifying characteristics; and
WHEREAS, the road aforesaid is in this Board’s six-year plan for improvements to its secondary system of state highways:
NOW, THEREFORE BE IT RESOLVED, on this the 18th day of January 2005 that the Board hereby designates and requests VDOT’s Resident Engineer to concur in the aforesaid road as a Rural Rustic Road.
BE IT FURTHER RESOLVED, that the Board of Supervisors requests that this road be hard surfaced and, to the fullest extent prudent, be improved within the existing right of way and ditch-lines to preserve as much as possible the adjacent trees, vegetation, side slops, and rural rustic character along the road in their current state.
BE IT FURTHER RESOLVED, that a certified copy of this resolution is forwarded to the Resident Engineer for the Virginia Department of Transportation.
Mr. Gentry said that they had received a letter from Gerald Harlow regarding the T.S.B. signage on Interstate 64. Mr. Gentry said that he would like to have this issue revisited to see if there is anything that could be done to speed up the process. Mr. Gentry said that he agrees with Mr. Harlow that they need the signs; especially in preparation of the 2007 celebration to help bring tourists into the County.
Dr. Morgan said that he agrees that a letter should be sent to revisit this issue. Dr. Morgan said that with what he has read in terms of communication between VDOT and Trevilian Station, he doesn’t see any reason why they couldn’t go forward. Dr. Morgan told Mr. Lintecum that if he needed any of the emails, he would ask Mr. Harlow to forward them.
Mr. Wright said that he believes that the Board should support this. Mr. Wright said that this fits within the VDOT program in the state.
Mr. Lintecum said that the Board has included the Dry Cask Committee report that is part of the C.U.P.
Dr. Morgan stated that there aren’t any deficiencies with the current program. Dr. Morgan said that they will be getting a C.U.P. for renewal of the current pad as well as a request for a C.U.P. for the new pad that is coming through the system that the Planning Commission would review first prior to it coming to the Board.
Chairman Barnes said that there would be a Public Hearing held at the Louisa County Middle School tomorrow night at 6:00 p.m.
Mr. Wright said that the Building and Grounds Committee has been working with Pat McWilliams, Director of Public Works, on a situation that they have that could easily have an impact on this building. Mr. Wright explained that they had put a bid out for a three-year contract for propane gas, which no one could predict at that time what would happen to the price of gas. Mr. Wright said that they have run into a situation where the current supplier, whose contract runs through June 30, 2005, has been delivering gas to the County for several months at a cost less than what they pay for the gas. Mr. Wright said that they are concerned about this and have suggested that the County pay the price that they pay for it, but not to exceed 94 cents. Mr. Wright said that they are still going through the expense of delivery and the storage of it so they are not making any money.
Mr. Jennings reiterated that they have been working on this gas situation, due to the prices increasing. Mr. Jennings said that they had a resolution created to support this rate change.
Mr. Harper pointed out that the resolution does not specify what the rate adjustment is, only that the Board would be approving it. Mr. Harper asked if the duration of the agreement would be at cost that would be confirmed by a document received from this supplier.
Mr. McWilliams responded that the resolution that they have received should refer them to an addendum page to the contract which states “addendum to the contract 02-03 PW; due to an unforeseen step rise in liquefied petroleum gas the following addendum should become part of the contract 02-03 PW pertaining to gas delivered from October 1, 2004 until the expiration of June 30, 2005.” Mr. McWilliams quoted ”that the fixed price per delivered gallon unless Economy Propane, Inc. must pay an excess of 84 cents per gallon to purchase the product; in this case, the price per delivered gallon shall be equal to the purchase price and under no circumstances may exceed 94 cents per gallon.”
Mr. Harper questioned how they were going to receive confirmation on the price that he is paying.
Mr. McWilliams replied that they would require verification from his supplier reflecting what he paid for it.
Mr. Harper asked if this would trend downwards as well and if they were going strictly to his cost basis.
Mr. McWilliams replied that what they would be going to is an adjustment up to 94 cents, but is strictly dependant upon what his cost is.
Dr. Morgan said that he believes the point of this is that Economy Propane would not be making any profit with this modification since the County will be paying the same rate that they are buying the gas for. Dr. Morgan disclosed that Economy Propane delivers gas to his home.
On motion of Mr. Jennings, seconded by Mr. Wright, which carried by a vote of 7-0, the following resolution was adopted:
Mr. Gentry said that he would like to make a comment about the Volunteers of Louisa. Mr. Gentry said that he would like to remind everyone that they meet the first Wednesday of each month at 5:00 p.m. and everyone is welcome to attend. Mr. Gentry highlighted a few of their achievements for 2004 as having an increase of thirty-nine new volunteers and provided 2,065 hours of service to the community, which based on the value put to those volunteer hours, it is a contribution to the County of $241,000.
A RESOLUTION APPROVING A NEW RATE FOR PROPANE GAS SERVICE
WHEREAS, a current 3 year contract (no. 02-03-PW) provides for a fixed price for Liquefied Petroleum Gas Service at $0.84 per gallon; and
WHEREAS, an unforeseen steep rise has occurred in LP Gas prices, resulting in Economy Propane supplying gas to Louisa County at a loss; and
NOW, THEREFORE BE IT RESOLVED, on this 18th day of January 2005 that the Louisa County Board of Supervisors does hereby adopt and approve a price adjustment addendum to contract number 02-03-PW.
Mr. Wright said that for the Commission on Aging, Mrs. Anna Seay has been a member for many years and a very valuable member of this board. Mr. Wright said that Mrs. Seay had recently spoke with him and explained that she wanted to continue as a member, but due to her moving she wasn’t sure if she could remain a member. Mr. Wright said that he had told her that there was a possibility she could remain in an “at large” position. Mr. Wright said that he would like to ask the Board to create another “at large” position for Mrs. Seay and then if the other position were to become vacant they just wouldn’t fill it.
On motion of Mr. Wright, seconded by Dr. Morgan, which carried by a vote of 7-0, the Board agreed to add another “at large” position to the Commission on Aging and appoint Anna Seay to this position.
COUNTY ADMINISTRATOR REPORT
Mr. Lintecum presented his report highlighting the following items:
Mr. Lintecum informed the Board that he has included a listing of the Shoreline Management Committee along with a copy of the Dominion Virginia Power Shoreline Management guidelines.
Mr. Gentry said that he would like to have Mr. Lintecum and the Director of Community Development on the committee to have staff assistance.
Dr. Morgan said that he would like to see a timeline with all of the action items that the Board has previously discussed.
Mr. Lintecum said that he would provide the Board with an update on their action items.
Dr. Morgan told Mr. Lintecum that he would email the list of items that he had and urged the other Board members to send an email for items that they would like to see a timeline on.
Mr. Lintecum informed the Board that the Nuclear Regulatory Commissions public hearing would be held tomorrow January 19, 2005 at the Louisa County Middle School at 7:00 p.m. Mr. Lintecum said that they would be there at 6:00 p.m. to have an informal session to answer the questions and talk with various people.
Mr. Lintecum informed the Board that the work session that they established would be held in the extension Meeting Room at the Louisa County Office Building on January 24, 2005 at 5:30 p.m. Mr. Lintecum said that the Planning Commission would be attending this meeting and would like to address the subdivision roads with the Board.
Mr. Wright said that he had mentioned to the Planning Commission that he would like to address an issue with the Health Department on what they consider as a subdivision. Mr. Wright said that the way our ordinance is set up, if you were to have two houses or two lots out of the same piece of property and made one cut off from the same piece of property, then this would make it a subdivision. Mr. Wright said that he had found out last year that when the County sends it to the Health Department as a subdivision, then they put it into another category, which gives it twice the timeframe that they require to take a look at it. Mr. Wright said that the Health Department generally requires a Soil Engineer to do the testing for a subdivision.
Mr. Lintecum said that he has included a copy of the elementary school capacity study for the review.
Mr. Gentry said that his comment on the report was generated by the Elementary School Committee in asking them to try to tie down some of the needs, which is part of what they will be considering during their next meeting on January 28, 2005.
On motion of Mr. Gentry, seconded by Mr. Jennings, which carried by a vote of 7-0, the Board voted to enter Closed Session at 6:37 p.m. for the purpose of discussing the following:
1. In accordance with §2.2?3711 (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.
2. In accordance with §2.2?3711 (a) (7) of the Code of Virginia, 1950 as amended, for the purpose of consultation with legal counsel for discussion of potential litigation with the Louisa County Community Development Department.
On motion of Mr. Gentry, seconded by Mr. Jennings, which carried by a vote of 7-0, the Board voted to return to Regular Session at 7:08 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:
Water Supply Wells
WHEREAS, the Louisa County Board of Supervisors has convened a Closed Meeting this the 18th day of January 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 18th day of January 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.
Mr. Purcell said that he would like to make the motion to forward the draft statement pertaining to three new water supply wells to the Planning Commission.
Mr. Gentry seconded the motion.
Dr. Morgan said that this is basically a request to the Planning Commission to re-evaluate the conditions of the C.U.P. that were instituted at the time that the Water Authority was developed at Zion Crossroads with respect to Spring Creek. Dr. Morgan said that he doesn’t have a problem with them reviewing it, but he feels that the timing is inappropriate; therefore he will be voting against it on that basis.
Mr. Purcell said that he believes that having the Planning Commission review this draft could be essential in achieving all of the goals that the Board has set forth for the Zion Crossroads Area.
On motion of Mr. Purcell, seconded by Mr. Gentry, which carried by a vote of 6-1, with Dr. Morgan voting against, agreed to forward the draft statement that they received in closed session pertaining to three new water supply wells to the Planning Commission.
Chairman Barnes said that he had to leave the Board meeting to take care of other matters and turned the gavel over to Vice-Chairman Gentry.
REZ15-04 H. H. Harrison, Applicant/Power of Attorney, J. R. Harrison, Owner
Vice-Chairman Gentry announced the first public hearing as being for the rezoning request for the Harrison’s and requested Mr. Morgan to give his presentation.
Mr. Morgan summarized this request as being for the rezoning of approximately 47.15 acres from Residential Limited (R-1) to Agricultural (A-2). Mr. Morgan said that the applicant is H. H. Harrison and the owner is J. R. Harrison. The property is located on the west side of Route 622 (Moody Town Road), approximately 2.1 miles north of Route 652 (Kentucky Springs Road). He said the parcel is located in Jackson Magisterial District and the Jackson Voting District. Mr. Morgan said that the 2001 Comprehensive Plan designates this area of Louisa County as Low Density Residential with the Lake Anna Designated Growth Area. Mr. Morgan said that this request for rezoning is to allow the applicant to utilize the property for agricultural purposes. Currently this area of the County is primarily developed in a residential manner. There is a seven lot agricultural subdivision that adjoins a portion of the subject parcel along the rear property line; however the other surrounding property is zoned residential and there does not appear to be any other agricultural zoning in the area. Mr. Morgan said that the current zoning does not preclude the applicant from using the property for agricultural zoning, but if you look at section 86-82.1 it does say that agricultural is permitted except that farm animal and fowl may not be raised or kept on lots or areas which are closer than 300’ to any adjacent occupied dwelling. Mr. Morgan said that staff recommended denial of the request based on the request being inconsistent with the current zoning area, the current development pattern in the area of residential, and how the 2001 Comprehensive Plan designates this area as low density residential. Mr. Morgan said that the Planning Commission held a public hearing on December 9, 2004, at which there was no one present to speak for or against the application, other than the applicant. Mr. Morgan said the Planning Commission voted 6-1 to forward a recommendation of approval to the Board with two suggested proffers, which the proffers were not received by the Planning Department.
Mr. Wright said that he would like to express a couple of his concerns. Mr. Wright explained that he went and looked at the property and noticed a lot of heavy equipment there and asked if it were the applicants’ intent to have this equipment there. Mr. Wright questioned if the Board were to approve this, what would prevent it from becoming a riding stable, boarding stable, or a teaching center for riding. Mr. Wright said that he would be concerned about the potential future use of this property if it were even sold.
Dr. Morgan said that one of the concerns seems to be the heavy equipment that is currently being stored there and asked if this were permitted in residential zoning. Dr. Morgan said that the storage of heavy equipment would be a concern if the property were rezoned.
Mr. Morgan replied that he had not received the information about the storage of the equipment on the property until this morning. Mr. Morgan said that he is of the opinion that this would not be allowed in either district. Mr. Morgan said that if this is the intent to store heavy equipment, then the Planning Department would have to act accordingly.
Dr. Morgan said that the impression that he has is that by rezoning it A-2 the issue of most concern by the Planning Commission was the intensive agriculture and the possible use of a mobile home. Dr. Morgan asked if there were any other concerns addressed by the Planning Commission.
Mr. Morgan replied that those were the only two issues he recalls the Planning Commission addressing.
Vice-Chairman Gentry opened the hearing to the applicant at 7:15 p.m.
J. R. Harrison said that the reason the heavy equipment is down there was to help in cleaning up the parcel after the timber harvest. Mr. Harrison said that he would be employing another individual in order to get the property cleaned up as expeditiously as they can. Mr. Harrison said that he has no intention of running a turkey or chicken farm. He said that all he wants is for it to have a regular farm with horses. Mr. Harrison said that he has children that would be taking over the property in the future. Mr. Harrison said that when he bought the property it was rezoned as agricultural and then when Mr. Cooke’s property was rezoned they changed his as well. Mr. Harrison said that they later changed Mr. Cooke’s zoning back to agricultural. Mr. Harrison said that developers wanting to buy his property have approached him, but he does not have an interest in that. Mr. Harrison said that there are several other parcels in this area that have different zoning classification other than residential.
Dr. Morgan asked Mr. Harrison if he was informed of the conditions that the Planning Commission recommended.
Mr. Harrison replied that he had been informed.
Dr. Morgan asked Mr. Harrison why he chose not to place those conditions on his application.
Mr. Harrison replied that he didn’t have any intentions of having a trailer park or an intensive agricultural farm.
Vice-Chairman Gentry opened the hearing to the public at 7:24 p.m.
Bill Martin, Jackson District, said that he was here this evening to speak against this rezoning request. Mr. Martin said that the other parcel in that area that was zoned commercial was originally zoned when the lake was created; however, it was just recently rezoned from C-1 to R-1. Mr. Martin said that four years ago he had spoke with the applicant and was told that he had some heavy equipment in Northern Virginia that he planned on moving down here. Mr. Martin emphasized that this is a residential area and urged the Board to leave it zoned as residential.
Dennis Campbell, Jackson District, said that he lives about a mile away from Moody Town Road. Mr. Campbell said that this property is in terrible condition and looks like a commercial junkyard with all of the vehicles that are sitting on the property. Mr. Campbell said that his biggest fear is that if this is allowed in residential zoning, what would the property be like if it was zoned agricultural.
Don Tyrrell, Jackson District, said that he is against this request for the same reasons that he has been voiced this evening. Mr. Tyrrell said that the logging started in the first part of December and finished within three weeks. Mr. Tyrrell said that the loggers have moved off the property. Mr. Tyrrell said that the property has gone from having three vehicles sitting on it to fourteen, most of which has no County tags and or no license plates. Mr. Tyrrell said that he bought his property thirty years ago because it was a residential area. Mr. Tyrrell urged the Board to keep the zoning to a low residential district.
Doug Hewitt, Jackson District, said that he had bought his property about twenty-four years ago for the purpose of having a second home, which he now lives in full time. Mr. Hewitt said that they bought this property because it was zoned as a low residential district. Mr. Hewitt expressed his concerns on what this could do to their property values and urged the Board to leave it zoned as R-1.
Mark DeBord, Jackson District, said that his property backs up to the eastern side of the parcel they are speaking about tonight. Mr. DeBord stated that he is against the rezoning request. Mr. DeBord said that he understands that if this property were rezoned; then there wouldn’t be any restrictions on what the property could be used for in the future. Mr. DeBord expressed concerns about agricultural run-off going into the lake if the property were rezoned.
Vice-Chairman Gentry closed the public hearing at 7:33 p.m. and brought it back to the applicant for additional comments.
Mr. Harrison said that he understands why the neighbors are upset since he has logged the property and took away their privacy. Mr. Harrison stated that he has his own responsibilities. Mr. Harrison said that his daughter has owned this property for twenty-two years. Mr. Harrison said that when he came to Louisa County, he was doing a little pioneering on his own. Mr. Harrison said that they have done nothing on the property other than to pay taxes on it ever since it was purchased for his daughter. Mr. Harrison explained that his daughter is handicapped and cannot see pictures of what the property looks like. He said that both his daughter and her husband want to own animals on their property. Mr. Harrison said that he understands that these individuals are upset because this has destroyed what they consider to be a paradise at his daughter’s expense. Mr. Harrison said that his daughter wants to be able to touch the animals that she owns. Mr. Harrison said that most of the equipment that is currently sitting on the property does not operate on the road, but for those that do; they have legal decals and tags. He stated that you do not have to have new equipment to work on the property. Mr. Harrison stated that all of the equipment on the property belongs to him. Mr. Harrison said that everyone else in this district has received the type of zoning that they have requested. Mr. Harrison said that he has waited twenty-two years to begin development on this property and has now heard how he is infringing on others rights. Mr. Harrison said that he should have the same rights as the rest of the individuals to enjoy his property as well.
Mr. Jennings said that with all respect to the applicant, he believes that they need to keep in mind that this property is located between Twin Lakes and Tyler Point, which is located in a very important and significant part of the County. Mr. Jennings said that the property is very close to the lake. Mr. Jennings pointed out that the 2001 Comprehensive Plan designates this area for residential living. Mr. Jennings stated that R-1 zoning does have agricultural accessibility, which falls under code 86-82. Mr. Jennings said that he went by to visit this property and saw what everyone has expressed this evening. Mr. Jennings said that this property is not very appealing at this time and is not compatible or conducive to this type of environment. Mr. Jennings said that changing this parcel to agricultural would only intensify the possibility of it being a farm area. Mr. Jennings said that he would not like to see bio-solids brought into the lake area. Mr. Jennings expressed concerns about the possibility of putting a mobile home on this property. Mr. Jennings said that he is not in favor of rezoning this property and made the motion to deny the request.
Mr. Wright said that he would second the motion. Mr. Wright said that he appreciates Mr. Harrison’s position. Mr. Wright said that this is not a question of anyone’s integrity.
Dr. Morgan said that he is a little bit ambivalent about this. Dr. Morgan said that he believes that agriculture is something that they want to promote in the area. Dr. Morgan said that he agrees that there are some conflicts about what currently exists in the area. Dr. Morgan said that he understands the concerns of the neighbors, but he would have felt more comfortable agreeing with the transition to agricultural if the recommended proffers would have been included, otherwise it leaves the door wide open with regard to the extent of agriculture. Dr. Morgan said that it is unfortunate that there are some agricultural activities that could be performed with the exception of equestrian activities. Dr. Morgan told the applicant that if he were able to convince his neighbors about what he would like to do with his parcel and was willing to proffer away everything else in A-2 zoning, then he would consider this favorably. Dr. Morgan said that given the fact that the recommended proffers from the Planning Commission were not added to the application, he would have a hard time supporting this.
Mr. Harper said that he doesn’t have any intentions of supporting this. Mr. Harper said that he has an example of what having A-2 zoning could do on a 2.6-acre lot. Mr. Harper said that this property has six horses on it with the fencing only being 50’ from another person’s home.
Mr. Purcell said that he agrees with everything that has been said, but it upsets him to have to vote this way. Mr. Purcell said that this individual does have rights for his property.
Vice-Chairman Gentry said that he happened to be at the Planning Commission hearing and he feels that Mr. Harrison was well listened to. Vice-Chairman Gentry said that the Planning Commission did have a tough time coming up with what they wanted and much like Dr. Morgan; he is concerned as to why the proffers were not offered by the applicant. Vice-Chairman Gentry said that he feels that with what Mr. Harrison intends on doing with the animals, he would still be able to do so with the current zoning.
On motion of Mr. Jennings, seconded by Mr. Wright, which carried by a vote of 6-0, the Board denied the applicants rezoning request.
Trevilian Station Battlefield Foundation Tax Exempt Request
Vice-Chairman Gentry announced the second public hearing as being for the tax-exempt request for the Trevilian Station Battlefield Foundation and requested Mr. Morgan to give his presentation.
Mr. Morgan said that this request is for Trevilian Station Battlefield Foundation to seek tax-exempt status for certain real property in the recent past. Mr. Morgan said that under Section 58.1-3651 of the Code of Virginia, the County has the authority to look at certain properties that are used for non-profit organizations. Mr. Morgan pointed out that they have added the subject properties to the existing resolution that they have already received tax-exemption for. Mr. Morgan identified the tax-map parcels for this request and informed the Board that these parcels were legally advertised. Mr. Morgan said that staff has recommended approval of this request.
Vice-Chairman Gentry said that the amount of acreage on this particular project is getting to be pretty high and asked if there were any limitations.
Mr. Morgan replied that as long as they devote the land to the preservation of the battlefield, then there wouldn’t be any limitations.
Kathy Stiles, Trevilian Station Battlefield Foundation Representative, informed the Board that they are a 501(3) c organization, which has always been a practice of the County to make these organizations tax-exempt from real estate taxes. Mrs. Stiles said that she hopes that any future land that they may procure would be brought before the Board for the same request.
Vice-Chairman Gentry opened the hearing to the public at 7:48 p.m.
Harry Jackson, Patrick Henry District, stated that he believes that this request should be granted as the others have. Mr. Jackson said that for those who are worried about the money, this would return much more to the County in revenue than what the taxes would have been. Mr. Jackson said that every bit of money that they could save on taxes is money that could be spent somewhere else.
Dean Agee, Louisa District, said that a noted historian, Gordon Ray, stated that Hollywood could not have conjured up a better script with the characters of Sheridan, Hampton, Custer, and Butler, all of which appeared on soil in Louisa County in the battle of Trevilians, which is part of the heritage of the development of this country. Mr. Agee said that they have an opportunity in Louisa to preserve a place that a lot of people are beginning to come to now, if you would notice the markers on Route 669, Route 613, and on Route 33. Mr. Agee said that he hopes that the Board agrees with Trevilian Station to preserve this area and asked the Board for their support.
Gerald Harlow, Green Springs District, assured the Board that this is not something that they take for granted. Mr. Harlow said that they appreciate their vote on this if they decide to grant their request. Mr. Harlow said that every dollar that they are able to save on taxes is reinvested into the Battlefield. Mr. Harlow said that a lot of localities surrounding Louisa County are looking at buying development rights to try to stem some of the development because of the costs associated to a locality with development. Mr. Harlow said that the total property they recently purchased is for 939 acres and the tax amount for these parcels amounts to less than $2,000. Mr. Harlow said that if one house were build on this 939 acres that had two children attending the schools at the cost of $7,500 a piece to the County, the $2,000 in taxes would not even cover the cost of the children going to the school. Mr. Harlow stated that they are doing something that is a great benefit to the County. Mr. Harlow said that he has added the money up that they have brought into the County through grants and for every dollar that the County has invested, there would be a return of $14.00 once they have paid off their loan. In closing, Mr. Harlow stressed the importance of the benefits that this will bring to the County.
Vice-Chairman Gentry closed the public hearing at 7:53 p.m. and brought it back to the Board for further discussion.
Mr. Wright said that he would like to make the motion to approve the request.
Dr. Morgan seconded the motion.
Mr. Wright said that there are a lot of people working to try to make this a state park. Mr. Wright said that Senator Ed Houck has acknowledged this to them and the Trevilian Station Battlefield Foundation that he supports this effort. Mr. Wright said that Delegate Bill Janis attempted in the last session of the General Assembly to get money for this to become a state park. Mr. Wright said that he has publicly stated before that this has to be the centerpiece for Tourism in Louisa County. Mr. Wright said that with the new hotel announced in the Zion Crossroads area, this would give them the first opportunity to have a tourism office.
Dr. Morgan said that he foresees the Board promoting tourism as one of its major initiatives over the next couple of years based on the fact that they will have a hotel for individuals to stay at. Dr. Morgan said that you hear about all of these wonderful events that occur, he feels that the Trevilian Station Battlefield Foundation is going to be the crown jewel of tourism in Louisa County. Dr. Morgan said that in the January issue of Virginia Business, they had an article on tourism and said that it is the fifth largest private industry in the state of Virginia and he feels that anything that they can do to help promote this is worthwhile.
On motion of Mr. Wright, seconded by Dr. Morgan, which carried by a vote of 5-1, with Mr. Purcell voting against, the following resolution was adopted:
A RESOLUTION TO EXEMPT CERTAIN PROPERTY FROM REAL PROPERTY TAX
WHEREAS, §58.1-3651 of the Code of Virginia grants County Governments the authority to exempt property owned by nonprofit organizations when such property is used for religious, charitable, patriotic, historic, benevolent, cultural, or public park and playground purposes; and
WHEREAS, the Trevilian Station Battlefield Foundation has petitioned the Board of Supervisors to exempt the real property it now owns to preserve a Civil War battle site, from taxation; and
NOW, THEREFORE BE IT RESOLVED, on this 18th day of January 2005 that the Louisa County Board of Supervisors hereby approves Chapter 70 of the County Code to be amended as follows:
Article VII. Exemptions from property tax for nonprofit organizations
Sec. 70-225 Trevilian Station Battlefield Foundation, Inc.
The following real properties, identified by tax map parcel number, shall be exempt from real estate taxation for any taxes due on or after the purchase date, so long as the property is used only for purposes identified in §58.1-3651:
| || Map || Lot || Acres|
1)|| 24|| 119 || 76.600
2)|| 24|| 122 || 8.424
3)|| 23|| 140|| 63.550
4)|| 23|| 141|| 28.450
5)|| 23|| 146|| 22.000
6)|| 23|| 56 || 56.339
7)|| 24 || 16 || 355.800
8)|| 23|| 136 || 214.000
9)|| 23|| 135 || 24.380
10) ||24|| 1 || 100.000
11) ||24|| 2 || 87.500
12)|| 24|| 3 || 101.030
13)|| 24|| 4 || 56.100|
On motion of Mr. Wright, seconded by Dr. Morgan, which carried by a vote of 6-0, the Board agreed to adopt the Consent Agenda to schedule a public hearing on February 7, 2005 to modify the ordinance to adjust the precinct boundary lines in the Mountain Road Voting District.
APPROVAL OF MINUTES
On motion of Mr. Wright, seconded by Mr. Purcell, which carried by a vote of 6-0, the Board adopted the minutes of January 3, 2005 as presented.
On motion of Mr. Purcell, seconded by Mr. Jennings, which carried by a vote of 6-0, the Board voted to recess the January 18, 2005 regular meeting at 7:58 p.m. until Monday January 24, 2005 at 5:30 p.m. for their work session that will be held in the Extension Meeting Room of the Louisa County Office Building.
BY ORDER OF
FITZGERALD A. BARNES,
LOUISA COUNTY BOARD OF
LOUISA COUNTY, LOUISA,