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JANUARY 20, 2009
5:00 P.M.



Board Members Present: Fitzgerald A. Barnes, Dan W. Byers, Willie L. Gentry, Jr., Willie L. Harper, Richard A. Havasy, P.T. Spencer, Jr. and Jack T. Wright



Others Present: Dale Mullen, Interim County Administrator/County Attorney; Ernie McLeod, Deputy County Administrator; Jeremy Camp, Director of Community Development; Kevin Linhares, Director of Facilities Management; Bob Hardy, Director of Information Technology; Robert Dubé, Fire Chief; Jane Shelhorse, Director of Parks and Recreation; Sherry Vena, Director of Human Resources; April Lowe, Acting Office Manager, Administration; Zuwana Morgan, Deputy Clerk; and Brittany Shupe, Records Clerk

CALL TO ORDER

Chairman Harper called the January 20, 2009 regular meeting of the Louisa County Board of Supervisors to order at 6:00 p.m.  Mr. Wright led the invocation, followed by the Pledge of Allegiance.

ADOPTION OF THE AGENDA

Mr. Harper said he would like to add an additional Citizen Information Period after the Adoption of the Agenda.  Mr. Harper said he would like to add a resolution for Walnut Woods Drive.  Mr. Harper said he would like to add a resolution for the Mutual Aid Agreement for Emergency Communications.  Mr. Harper said he would like to add a resolution for the Memorandum of Understanding with Dominion Power.  Mr. Harper said he would like to add two items to the Closed Session Mr. Harper said he would like to remove the presentation by Aqua America.

        On motion of Mr. Barnes, seconded by Mr. Spencer, which carried by a vote of 7-0, the January 20, 2009 agenda was adopted as amended.

CITIZENS INFORMATION PERIOD

Delbert Feaster Mineral District stated he was before the Board to discuss career staffing and funding of the training building.  Mr. Feaster said in 1999 Louisa County sent a team to see him at the Mineral Fire Department to find out the five, ten and fifteen year goals.  

Mr.
Feaster said he told them in five years they would have to look at hiring daytime help.  Mr. Feaster said in April 2005, Louisa Company One and Company Two asked for daytime help.  Mr. Feaster said they went to the Association and were told they needed to do more recruiting in their areas.  Mr. Feaster said they handed out flyers and sent fund drive letters.  Mr. Feaster said the Association turned them down so they turned to their Board of Supervisors.  Mr. Feaster said they were told by the Supervisors that the request needed to come from the Association.  Mr. Feaster said when they went back the Association and told them the Board wanted the request to come from them  and the Association  told them they wanted to do more for the volunteers before they would go and ask for help.  Mr. Feaster said the Association worked on a retirement plan for two years.  Mr. Feaster said they went before the Board with the retirement plan but it didnt pass however, they received $10,000 for a radio ad.  Mr. Feaster said the radio ad recruited one volunteer for the West End.

Mr. Feaster said Companies One and Two went back to the Association and asked what could be done and at that point they decided a Fire Chief needed to be hired. Mr. Feaster said they brought that before the Board of Supervisors and they hired a Fire Chief.  Mr. Feaster said the Fire Chief started a working group who went to every Fire and Rescue station in the county and asked what they thought was needed. Mr. Feaster said the group consisted of three from EMSAL, two from the Fire Association, and two county staff.  Mr. Feaster said he attended all the meetings except one.  Mr. Feaster said at all the meeting they said they needed help in the daytime.  Mr. Feaster said  it was the decided the best place to staff the individuals was Station Seven to cover the West, Stations One or Two for the middle and Station Five for the East.  Mr. Feaster said it was taken to the Association and was approved 6-1.  Mr. Feaster said the plan would be brought before the Board this evening for approval.  

Mr. Feaster said he also wanted to discuss the training building.  Mr. Feaster said the volunteers had three years worth of payments toward the training building. Mr. Feaster said he had been a fire instructor since 1980, and he had been teaching in Louisa County for 10 years.  Mr. Feaster said the volunteers were going through the two burns to get qualified and would never go to the burn building again.  Mr. Feaster said the first reason was because they dont get many opportunities and next was by the time 10 or 12 students were taken to get qualified you dont have the time to retrain the old ones.  Mr. Feaster said he would appreciate the Board looking into supporting the Burn Building.  

Mr. Feaster said he had been a volunteer since 1970, at three different fire stations.  Mr. Feaster thanked Board for their time.

OLD BUSINESS

Update - Trevilians Elementary School right-of-way.

Mr. Mullen said the Board had the following documents in front of them; a letter dated August 30, 2005, from the former County Attorney Mr. Patrick J. Morgan to Mr. Shiflett, a deed of easement dated September 1, 2005, between the Louisa County School  Board, William Henry Shiflett, Jr. and Donald Glen Shiflett.  Mr. Mullen said there were also two letters one dated July 6, 2007, and the other one dated June 29, 2007, giving permission to use the same nonexclusive right of way. Mr. Mullen said not a lot had changed since Patrick Morgans letter to Mr. Shiflett.    Mr. Mullen said the only thing that had changed was Mr. William Shiflett and Mr. Donald Shiflett had both been granted a nonexclusive easement and their neighbor had also issued a license by letter to use the property.

Mr. Mullen said the bottom line was it is School Board property.  Mr. Mullen said the School Board gave a right-of-away by deed to Mr. Shifflett and a right-of-way by letter to Mr. West.  Mr. Mullen said he would be sending out a letter by the end of the week regarding the status of the property.  Mr. Mullen said he didnt see where the Board of Supervisors had any lawful basis to force the School Board to either kick Mr. West or Mr. Shiflett off their right-of-way.

Mr. Gentry said he thought Mr. Mullen was right as far what the Board of Supervisors responsibility versus the School Boards responsibility.  Mr. Gentry said in his experience working for VDOT, if the access point or easement needed to be moved by the property owner, the property owner had to give the person using the easement as good an easement as they had previously.  Mr. Gentry suggested the School Board should have given Mr. Shifflett as good of access and all the right he had previously.  

Mr. Mullen said Mr. Shiflett had already consulted his own legal counsel.  Mr. Mullen said he has told Mr. Shifflett that he couldnt give him legal advice.

Mr. Mullen said the property was conveyed by deed in 1976, and it was his understanding the original right-of-way and easement ran through what is now Trevilians Elementary School.  

Mr. Mullen said Mr. Gentry stated part of Mr. Shiflett argument, that he was entitled to more than he has received.  Mr. Mullen said he agreed with Mr. Morgans letter from 2005, and that there was nothing that indicated to him that the Board of Supervisors have any legal obligation or responsibility in this matter.

Mr. Spencer said it didnt make any sense that the Shifletts had to maintain a road and the other gentleman got to use it.  Mr. Spencer asked was Mr. Mullen saying the county couldnt get involved because it was School Board issue.

Mr. Mullen said he believed the School Board had taken what actions were legally theirs to take and for the Board to go any further would be to over step their authority.

Mr. Spencer asked if the Shifletts end up suing the School Board would it effect the Board of Supervisors.  Mr. Mullen said the topic of potential lawsuit did come up but he didnt see anything that cause
d him concern on behalf of his client the Board of Supervisors.

Resolution - Walnut Woods Drive

Mr. Mullen said the cul-de-sac was too far into the property line after some of the utilities were placed.  Mr. Mullen said what needed be done was Mr. Harper and the Interim County Administrator needed to execute certain documents conveying properly the property so the work could be done.  

Mr. Mullen said it was his recommendation that the Board approve the conveyance by resolution.

Mr. Spencer said he had been involved with this for 10 to 15 years and it was finally a go.  Mr. Spencer said he would appreciate the other Board members support.  Mr. Spencer asked had the utilities been moved.  Mr. Mullen said the utilities would be moved once the weather permits.

On motion of Mr. Spencer, seconded by Mr. Barnes, which was carried by a vote of 7-0, the Board adopted a resolution approving and accepting conveyance of property by deed of correction and line vacation for Route 820 Walnut Woods Drive.

Resolution - Mutual Aid Agreement for Emergency Communication

On motion of Mr. Barnes, seconded by Mr. Spencer, which was carried by a vote of 7-0, the Board adopted a resolution to enter into a mutual aid agreement for emergency communications.

Resolution - Memorandum of Understanding with Dominion Power for James  River Project

Mr. Mullen said the MOU allows the county to move forward with the permitting, with the understanding that the county would be doing withdrawals from the Bremo Power Plant.  

Mr. Mullen said he would need the resolution to approve his signature on the MOU.

Mr. Byers asked was the countys use of the property protected if Dominion Power decided they didnt want to use it.  Mr. Mullen said yes, that could be done.  

Mr. Mullen said the county had 365 days to firm up the rest of the documents.  Mr. Mullen said the resolution just assures Dominion that the county was committed to the process and vice versa.

        On motion of Mr. Spencer, seconded by Mr. Barnes, which was carried by a vote of 7-0, the Board adopted a resolution to enter into a memorandum of understanding between Dominion Virginia power, the County of Fluvanna, Virginia and the County of Louisa, Virginia.

NEW BUSINESS

Resolution Requesting approval to hire employees to fill various vacant county positions

Mr. Mullen said given the conversation at the budget meeting last Thursday and the current economic situation some Department Heads had volunteered to withdraw their proposed resolutions.  Mr. Mullen said Ms. Shelhorse said she could do more with less and she was going to go back and rework her resolution.  

Mr. Mullen said he would like to hold some extensive conversation about the direction the Board of Supervisors chooses for EMS. Mr. Mullen said he would like to hold all the resolutions until next meeting so that EMS could be discussed.

Mr. Mullen said a lot of time had been spent discussing what the numbers were, where they came from and what did the numbers mean in terms of staffing.  Mr. Mullen said Chief Dubes needs assessment was based on two fundamental expectations.  Mr. Mullen said the first expectation was there were currently 21 approved fulltime positions in Fire and EMS, of which 13 are currently filled. Mr. Mullen stated 15 EMS positions had been approved to be filled but only 13 were filled at this time.  Mr. Mullen said the second expectation was that 14 hour, 5 days per week full-time emergency fire protection needed to be provided to Louisa County and this was set by the Fire Association.  Mr. Mullen explained to the Board if they decided to adopt the recommendation it carried with it a high financial consequence.  Mr. Mullen said from his conversations with finance and staff it was his understanding, FY 09 would be covered with money that was saved by not filling the remaining 21 positions.  Mr. Mullen said after FY 10 it would cost over $500,000 for salary and benefits.

Mr. Harper asked how many positions did the $500,000 cover.  Chief Dube said nine.

Chief Dube said in FY 06 there were 10 funded EMS positions and 5 more positions were added the next year, which were not approved to be hired until July 2008.  Chief Dube said in September of 2007, the Fire Association came and asked for six paid Firefighters and a Chief and that was where the 21 positions yielded.  

Chief Dube said the first thing he was told by his former boss was to come up with a needs assessment and to work with the volunteers so there could be a consensus of the needs.  Chief Dube said a work group was formed and they went to a meeting at every company.  Chief Dube said the process took six months and they were able to come to a consensus.  Chief Dube said he was told that no open positions would be filled until the need assessment was done.

Chief Dube stated the consensus in the needs assessment was to have coverage from 5:00 a.m. to 7:00 p.m. which would be 70 hour work week, so the
re need to be more positions than were already approved.  Chief Dube stated within the needs assessment a recommendation was made to add three more positions immediately which change the number from 21 to 24.  Chief Dube said for the following budget year the recommendation was to add 6 more positions and the additional positions would come into play July 2009, which when a total of 6 more positions are added to the 24 approved positions, making 30 positions total for Fire and EMS.  

Chief Dube said if everything was approved the recommendation from the Fire Association and EMSAL would be to put staffing at Louisa/Engine One, Zion Crossroad/Engine Seven and Locust Creek/Engine Five.

Chief Dube said they want everyone to be cross trained Fire and EMS and that was industry standard.  

Chief Dube said for FY 09 no funds would be required, however to get to 30 the other positions would cost approximately $535,739 which included pay and benefits.  Chief Dube said he understood as a tax payer it was a lot of money.  

Mr. Wright asked was $60,000 per person a reasonable figure.  Chief Dube said that was pay, benefits, uniforms, personal protective gear, physicals and all the things they would need to be on the street.  Chief Dube said the protective gear alone was $1,800.

Mr. Mullen said he believed the benefits figure to be 33% to 35% over salary.

Chief Dube said EMS does have funding for Part-time positions that they use now and he would use going forward to fill in when someone was off.

Mr. Barnes asked how does Revenue Recovery help hold the line and what was the projected revenue.  Chief Dube said the Board approved the use of the Revenue Recovery funds for transport units, then equipment and then staffing.  Mr. Barnes asked had any of it been incorporated.  Chief Dube said no.

Mr. Harper asked what was the Boards purpose.  Chief Dube said the Boards direction on Revenue Recovery funds was that it would first go to replacing units around to different agencies then equipment and then staffing.  Chief Dube said that was what Board directed.  
 
Mr. Spencer asked would they be Medics.  Chief Dube said hopefully there would be a Medic on each engine.
 
Mr. Spencer said the county would be getting an Medic and Fireman at base pay. Chief Dube agreed.

Mr. Byers said it was critical to have coverage but he was concerned about putting 12 to 15 people to work this year.  Mr. Byers said not only does the budget concern him but he spoke to some of the volunteers and they said they needed to have  contractual agreements  with the county in place before the career personnel was put in the
fire station.  Mr. Byers said maybe this could take place in phases, instead of implementing all of these at once.  

Chief Dube said he had given the Fire Association a draft copy of the contract and EMSAL had a contract in place with paid staff.  

Mr. Havasy said he was on both EMSAL and Fire Association committee.  Mr. Havasy said volunteers do their job out the goodness of their hearts and when the volunteers come to the understanding that they cant provide the service they vowed to provide because of a need, he suggested the Board pay close attention and respond to the request.

Mr. Havasy said the four main things the Board was responsible for were Fire, Rescue, Sheriffs Department and Schools.  Mr. Havasy said the citizens have been promised adequate care in those areas. Mr. Havasy asked the Board to listen to what they were saying because the Board was responsible

Mr. Wright asked did the volunteers vote on the need assessment also.

Chief Dube said they went to all the meetings and got ideas from the members and the Chiefs took the ideas and compiled them, then the Chiefs took the document back to their membership for a vote, then the Chiefs came back with those votes and voted yes or no.  Chief Dube said the vote was 6-1.

Mr. Wright asked when paid staff used the vehicles of the volunteers how much information were they given.  Chief Dube said he established a policy for his staff on drivers record request and he set parameters that qualified and allowed people to drive and use the equipment.

Mr. Spencer said the question about the license was brought up in 1997, and 1998, and it has been a problem for years.  Mr. Spencer said he would not have a problem supporting this request.

Mr. Gentry said the taxpayers expect 24 hour coverage in the county and he was ready to support Chief Dubes recommendation.

Mr. Harper asked how was the need measured?  Chief Dube said in the document was a performance measure.  Chief Dube said the National Fire Association Protection recommends having six Firefighters on the scene of a structure fire 80% of the time.

Mr. Harper said the request in the resolution was for two full-time Medic/Firefighter positions for the Department of Emergency Services.

Mr. Mullen said  he had those resolutions prepared before last Thursday meeting.  Mr. Mullen said that resolution should be disregarded.

Chief Dube said he would ask the Board to immediately fund the 24 total positions and to leave the number in for FY 10 to get to 30 total.

Mr. Mullen said to clarify by funding they mean advertise and hire.

Mr. Barnes made a motion to advertise and hire for the Medic/Firefighter positions in Emergency Services for a total of 24 positions total.  Mr. Spencer seconded the motion.

Chief Dube said Mr. Barnes motion would staff two of the three engine companies.

Mr. Byers said there were 13 EMS, 4 support staff how many more did they want to add.

Chief Dube said the 21 positions did not include the four administrative staff.  

Mr. Byers said at this time there were 13 people on the streets. Chief Dube said yes.  Mr. Byers said they were asking for 8 more people.  Chief Dube said he was asking for 11 more people to get to 24.

Mr. Harper asked who were the 4 that were not on the streets.  Chief Dube said Mr. Schlemmer, Mr. Bryant, Mr. Green and himself.
 
Mr. Barnes withdrew his motion because he wanted to make sure everyone in the county was treated the same.

Mr. Spencer asked was Chief Dube asking to fill 9 new position and the 2 that had already been approved.  Chief Dube said yes.

Mr. Gentry made a motion to
support the needs assessment presented by Chief Dube and to start filling positions.  Mr. Barnes seconded the motion.

Mr. Havasy asked how much would the extra $535,739 cost tax payer per year Mr. McLeod said a little less than a penny.

Mr. Byers said he would support some additional staffing but not at this level.  Mr. Byers said it made more
sense to have a phase in process.

Mr. Barnes said he would have a hard time sleeping at night knowing he had an opportunity to make sure when someone dial 911 they would get a response.

Mr. Harper said he would not support the motion and it was an odd situation for him because he has always supported
Companies One and Two.  Mr. Harper said he didnt expect it to get to this number and he could support phasing it in.

Mr. Harper requested a roll call vote
on Mr. Gentrys motion.

PRESENTVOTE
Fitzgerald A. Barnes Yes
Dan W. Byers No
Willie L. Gentry, Jr. Yes
Willie L. Harper No
Richad A. Havasy Yes
P.T. Spencer, Jr. Yes
Jack T. Wright No

With the votes reflecting 4-3 the motion passed to support the needs assessment presented by Chief Dube and to start filling positions.

Discussion Proposed Economic Stimulus Package

Mr. Mullen said there were about seven projects  to send to the countys delegation so that the county may meet any guideline for the shovel ready program under President Barack Obama economic stimulus program.  Mr. Mullen said the details were hazy, implementation was mysterious and the route to get the funds was unknown.

Mr. Mullen said that the James River Water Line had been identified as a project, Route 208 expansion,  closure for the pool, fitness trail, Central Virginia Regional Jail expansion, Zion Crossroads exit ramps and broadband service countywide.

Mr. Mullen said the submission to our delegation would be no later than the first of February.

Mr. Byers asked would the process of being considered be something like the grant process.  Mr. Mullen said some think it will and others didnt know.

Mr. Byers asked was there a timeline.  Mr. Mullen said the only timeline he was aware of for shovel  ready was able to turn dirt between 120 to 180 days.

Mr. Harper said if there was anything the Board wanted to add to list to please let Mr. Mullen know.

COMMITTEE REPORTS

Mr. Gentry read a statement from a letter from the Volunteers of Louisa.

Mr. Wright said Piedmont Workfor
ce Council would meet with the Volunteers the first week in February to try to come up with a plan to some how expand the Louisa Employment Center.  Mr. Wright said in the first 10 months of operation  more than 200 people went there to seeking jobs.  Mr. Wright said it was only open one morning and one afternoon in the week and they were trying to find funding to expand the hours.  Mr. Wright said the Board approved 4,000 to rent more space in the Sage Building to allow for the Employment Center.  

BOARD APPOINTMENTS

Mr. Harper asked the members to continue to serve on the committee he appointed them to last year.

Mr. Gentry said there were five committees he was on that werent listed;  VACO Region 7 Transportation Committee, Cutalong CDA Board, Louisa Emergency Planning Committee and the Liaison for the Linkages Board.

Mr. Harper said they were Board appointments not Chair appointment but they could be listed all together.

Mr. Havasy said there needed to be a correction.  Mr. Havasy said last year Mr. Barnes resigned from the Thomas Jefferson Planning District and it was given to him.  

COUNTY ADMINISTRATORS REPORT

Mr. Mullen said he needed some direction from the Board.  Mr. Mullen said with the No Wake Buoy application the county just makes recommendations and the final decision was from elsewhere.  Mr. Mullen asked if the Board wanted to hear about the applications, if not he would forward staff recommendations.

Mr. Gentry said the public was quite involved in the application process and knowing that it was coming through the County Administrator the Board did take action whether to support it or not.  
 
Mr. Mullen said if the Board wanted make the recommendation that was appropriate also, he just wanted to know what was expected.

Mr. Gentry said the Board took a position but they still depended on the County Administrator.  

Mr. Barnes said he didnt want to see every application.

Mr. Gentry said he was the one who brought it before the Board for their support because he has quite a few citizens in his district that have property at the lake.

Mr. Wright said what brought the change about was that it would go back to LACA before the Board could ever see it.  Mr. Wright said if the members on LACA didnt want it, they would sit on it and the Board would never see it.

Mr. Harper said for Mr. Mullen to take the applications and contact the Supervisor whose district it was in and see if they want consideration of it.

CONSENT AGENDA ITEMS

Resolution- Proclaiming the Big Read during February and March 2009

        On motion of Mr. Barnes, seconded by Mr. Wright , which carried by a vote of 7-0, the Board adopted a resolution proclaiming the Big Read during February and March 2009.

CORRESPONDENCE

Mr. Havasy said he had a discussion with the Game Commission and they were being approached by Keswick Hunt Club.  Mr. Havasy said they were asking to do away with all trapping of foxes in the county.  Mr. Havasy said the hunt club feels there were insufficient foxes in county, however the Game Commission said that was not true.  Mr. Havasy said there would be a voted at the end of February to decide and they would appreciate a letter from the governing body of Louisa stating its preferences.

Mr. Havasy said he had spoke with several farmers and they believe there would be a rabies problem if the foxes were not controlled.  Mr. Havasy said he would ask the Board to write a letter stating that they agree not to shoo
t the foxes but they didnt agree with the doing away with trapping.

On motion of Mr. Havasy, seconded by Mr. Spencer, which was carried by a vote of 7-0, the Board voted to write a letter to the Gaming Commission with their view against eliminating the trapping of foxes

APPROVAL OF BILLS

Mr. Byers said there were a number of areas that were fast approaching overspending their appropriations.  Mr. Byers said in conversations last year the Board had discussed not exceeding the approved appropriations.  Mr. Byers said if the Board kept approving the bills, they would find themselves in the same situation as last year.

Mr. Harper said it was his understanding that the resolution was for monies that had been appropriated or have had supplemental appropriations.  Mr. Harper said the Board was not authorizing any funds over the appropriated amount.  Mr. Harper said if there were amounts over the Board expected to be informed.  

Mr. McLeod said labor was not included.  Mr. Harper said the Board understood they did not get payroll but they expected to be informed because that was what took the county over its budget before.  

        On motion of Mr. Spencer, seconded by Mr. Barnes, which carried by a vote of 7-0, with Messers Wright and Gentry abstaining from bills pertaining to themselves,  the Board adopted a resolution approving the bills for the first half of January 2009 for the County of Louisa in the amount of $762,434.09.

Mr. Harper said it was his understanding from the Board that they did not want any expenditures over the appropriated amounts in the budget without someone coming before the Board ahead of time and getting the approval to go over.

Mr. Spencer said that decision was made last Spring.  Mr. Spencer said the Board had to do a supplemental appropriation for overtime and they should have known about it before it had gotten to $500,000.

Mr. McLeod said they spoke about the Sheriff Department.  Mr. McLeod said part of the Boards discussion with the Auditor was in close session and he was not part of that discussion.  

Mr. Harper said the discussion was you do not pay over the appropriated amount before coming to the Board for approval or disapproval.

Mr. Byers said looking at CSA they would without a doubt be over.  Mr. Barnes said that one the Board could not control.  Mr. Wright said CSA was court ordered.

Mr. Byers said it may be court ordered but there were things that could be done to reduce cost.

Mr. Harper said he thought a budget was a budget and you couldnt spend money not appropriated.

APPROVAL OF MINUTES

        On motion of Mr. Spencer, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted the minutes of the January 5, 2009 meeting.

LEGAL

CLOSED SESSION

On motion of Mr. Barnes, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board voted to enter Closed Session at 6:40 p.m. for the purpose of discussing the following:

1.        In accordance with §2.23711 (A) (1) VA Code Ann., for the purpose of discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body; and evaluation of performance of departments where such evaluation will necessarily involve discussion of the performance of specific individuals.

2.        In accordance with §2.2-3711 (A) (29) VA Code Ann., for the purpose of Discussion of the award of a public contract involving the expenditure of public funds, including interviews of bidders or offers, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body.

* Mr. Barnes left meeting at 7:05 p.m.

REGULAR SESSION

On motion of Mr. Wright, seconded by Mr. Spencer, which carried by a vote of 6-0, with Mr. Barnes being absent, the Board voted to return to Regular Session at 7:06 p.m.

RESOLUTION - CERTIFICATION OF CLOSED SESSION

On motion of Mr. Gentry, seconded by Mr. Havasy, which carried by a vote of 6-0, with Mr. Barnes being absent, the Board voted to adopt the following resolution:

.
PRESENTVOTE
Dan W. Byers Yes
Willie L. Gentry, Jr. Yes
Willie L. Harper Yes
Richad A. Havasy Yes
P.T. Spencer, Jr. Yes
Jack T. Wright Yes
Fitzgerald A. Barnes Absent

WHEREAS, the Louisa County Board of Supervisors has convened a Closed Meeting this 20th day of January 2009, 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 20th day of January 2009, 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

Public Hearing Amendments to the Louisa County Subdivision Ordinance (Chapter 66) and Louisa County Zoning Ordinance (Chapter 86) to clarify the definition of a religious assembly, add a definition for day care and amend various sections of the ordinances as they relate to these uses and other day care related uses.

Mr. Jeremy Camp said the proposed ordinance amendments related to section 66-2 in the subdivision ordinance and sections 86-2, 86-62,86-61.3, 86-73 and 86-64.3 in the zoning ordinance.

Mr. Camp said the Board of Supervisors asked the Planning Commission to review the zoning regulations of day care centers in the agricultural zoning districts.  The Community Development Department brought this topic to the Board, after receiving requests from two separate churches to establish these services.  Both parcels are zoned agricultural, where the current regulations do not allow for day care centers, neither by-right nor with the issuance of a conditional use permit.  In addition, the definition of “religious assembly” specifically excludes schools and day care facilities as incidental uses to a church.

Staff reviewed this topic and it is our opinion that a day care facility could be an appropriate accessory use to a church or other religious assembly.  The Planning Commission held two work sessions on this discussion.  There was consensus in those meetings to have day care centers allowed in the agricultural districts, under a conditional use permit.  There were other changes in addition to the Boards initial discussion.  The Commission proposed a new definition that would address smaller day care centers, with fewer than ten children.  This “Day Care” use would be allowed by-right in the agricultural zoning districts.  The Commission also agreed to allow “Family Day Care” by-right in the A-1 and A-2 Districts, as opposed to requiring a CUP.

A public hearing was held by the Planning Commission Meeting on November 13, 2008 on the proposed amendments to the subdivision and zoning ordinances.  The Planning Commission approved a motion to recommend the draft zoning ordinance amendments to the Board of Supervisors.  The proposed ordinance amendments are attached for the Boards consideration.

Mr. Byers asked would the amendment force churches to pave their parking lots or run offs if they want a Daycare. Mr. Camp said it shouldnt require any additional review if it was already existing.  Mr. Camp said if changes to the site were proposal they may have a site plan review.

Mr. Spencer asked would churches with schools be allowed a daycare.  Mr. Camp said yes.

Mr. Spencer asked would they be required to have a CUP.  Mr. Camp said yes if there were ten or more children.

Mr. Wright said before the church could have a daycare or school they have to go through some strict regulations by the State.  Mr. Camp said the State does regulate daycares.

Mr. Byers asked what was the rational
e for the ten person limit.   Mr. Camp said he wasnt with the county through the whole process but they looked at the State requirements and tried to match up with them the best they could and ten was already in the definition.

Mr. Spencer asked was this going to benefit the churches or citizens.  Mr. Camp said yes it would definitely benefit churches and the citizens because daycare is a needed service in the community.

Mr. Harper opened the public hearing.  With no one wishing to speak, Mr. Harper closed the public hearing and brought it back to the Board for discussion.

        On motion of Mr. Byers, seconded by Mr. Gentry, with carried by a vote of 6-0, with Mr. Barnes being absent, the Board adopted a resolution to amend the Louisa County zoning ordinance to clarify the definition of a religious assembly, add a definition for day care, and amend various sections of the ordinances as they relate to these uses and other day care related uses.

Public Hearing - CUP07-08;  Robert and Vicky Beckley, Applicants/Owners request the issuance of a conditional use permit for the establishment and operation of a “specialty shop” for the purpose of selling flooring materials and supplies.  

Mr. Camp said the proposal the request is for the issuance of a conditional use permit to allow the establishment and operation of a specialty shop.

The property is located on the east side of Route 644, at the intersection of Route 33. The property is 5.78 acres and is in the Mineral voting district.

The applicants request is for a specialty shop for the display and sale of flooring (carpet, vinyl, etc.) and related supplies.  A specialty shop is defined in the Zoning Ordinance as follows: Specialty Shop A small-scale (less than 2,500 square foot) retail use which offers for sale items of art or crafts, or which offers for sale items related to a specific theme, e.g. kitchen wares, pet care, etc.

There is an existing conditional use permit on the subject property for a public garage.  This use utilizes the garage structure located to the rear of the property (from Route 33).  Approved in November of 1999, there were ten (10) conditions imposed by the Board of Supervisors.

There was no one present, besides the applicant, to discuss this request at the Neighborhood Meeting held on November 12, 2008.  

The Development Review Committee met on November 25, 2008 to discuss the requested conditional use permit. After review, the DRC voted to forward a recommendation of approval to the Planning Commission.  However, the DRC requested Staff to notify the DRC and the Planning Commission if information from VDOT will be not available by the Planning Commission meeting on December 11th.

The Louisa County Planning Commission held a public hearing on December 11, 2008, at which only the applicant/owner was present to speak regarding the application.  After a brief general discussion regarding outside storage and the site plan review process, the Planning Commission voted to forward a recommendation of approval to the Board of Supervisors with the seven (7) conditions out lined below. If the use is determined to be appropriate, the following conditions are suggested, along with any others deemed appropriate:

1.        Submission of a site plan shall be made to the Department of Community Development for review.  At a minimum, the site plan shall be drawn to scale,      and in combination with the site plan     application, the following information shall be provided prior to approval:

   - Location of existing and proposed structures
   - Location of existing and proposed utilities
   - Location and design specifications for all existing and required site improvements, such as, but not limited to, entrances, travel lanes, driveway, parking      spaces, turn-around locations, setback lines, accessibility features and signage.
   - Approval, if necessary, by the Health Department, Virginia Department of Highways (VDOT), and Louisa County Emergency Services.

Mr. Harper asked when did EMS start getting involved.  Mr. Camp said it was something he  implemented when he came to the county.  Mr. Camp said it was common practice for him in the past to get input from EMS and Chief Dube was on board with assisting.

2.        Submission of a sign permit shall be made to the Department of Community Development for review and approval. This sign permit shall show all signs      on the property to ensure that the signage requirements of the Louisa County Zoning Ordinance are met.

3.        Outdoor sales, outdoor storage and/or outdoor display of products shall be restricted from the property, excluding the five (5) unlicensed vehicles               authorized for storage within the immediate proximity of the existing public garage (CUP #09-99).

4.        The hours of operation for the business shall not begin before 7:00 a.m. or after 7:00 p.m.

5.        The Board of Supervisors or their designated representative reserves the right to inspect the site at any reasonable time without prior notice.

6.        The property shall come into compliance with these conditions within three (3) months of approval of this CUP application.

7.        Violation of any condition of this permit shall be grounds for revocation of the Conditional Use Permit.

Mr. Harper said the conditions usually address whether or not the CUP would transfer to the next owner.

Mr. Camp said it had always been his understanding legally the CUP would go with land.  Mr. Camp said there could be time limitation put on a CUP if the Board wanted.

Mr. Wright said that number four needed to be made clear.  Mr. Wright said he thought it should say from 7:00 a.m. to 7:00 p.m.  Mr. Camp said he had used the language from the original CUP.


Mr. Harper opened the public hearing.  With no one wishing to speak, Mr. Harper closed the public hearing and brought it back to the Board for discussion.

Mr. Havasy said that operation hours were for the operating of the business but they could do paper, taxes and etc after 7:00 p.m.

On motion of Mr. Harper, seconded by Mr. Byers, which carried by a vote of 6-0,with Mr. Barnes being absent,the Board adopted a resolutionto decide on the issuance of a conditional use permit for the establishment and operation of a specialty shop.

Mr. Harper said he Board would be surprised at the things that went before the General Assembly and get approved.  Mr. Harper said the machinery tool tax does not apply to pollution control devices.  Mr. Harper said he didnt know if any of the plants had any of those devices however if they did, it could have an impact.

Mr. Harper said they were continuously shifting cost to the localities.


ADJOURNMENT

On motion of Mr. Wright, seconded by Mr. Spencer, which carried by a vote of 6-0, with Mr. Barnes being absent, the Board voted to adjourn the January 20, 2009 meeting at 7:25 p.m.



BY ORDER OF


________________________________
WILLIE L. HARPER, CHAIRMAN
LOUISA COUNTY BOARD OF SUPERVISORS
LOUISA COUNTY, LOUISA, VIRGINIA