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|Board Present:||Fitzgerald A. Barnes, Willie L. Gentry, Jr., Willie L. Harper, Allen B. Jennings, David B. Morgan, Eric F. Purcell, and Jack T. Wright|
|Others Present:||C. Lee Lintecum, County Administrator; Ernie McLeod, Deputy County Administrator; Patrick Morgan, County Attorney; and Mary Jackson, Deputy Clerk|
CALL TO ORDERChairman Barnes called the February 21, 2006 regular meeting of the Louisa County Board of Supervisors to order at 5:00 p.m. Mr. Jennings led the invocation, followed by the Pledge of Allegiance to the flag.
Chairman Barnes said that he would like to recognize Richard “Dick” Havasy as the new Green Springs District Representative.
Lee Lintecum, County Administrator, informed the Board that Gloria Layne, Louisa County Treasurer, has included a memorandum requesting a write off from personal property taxes for 1997, 1998, and 1999. Mr. Lintecum said that she would also like to declare delinquency of real estate tax from 2003. Mr. Lintecum said that Mrs. Layne would also like to know how the Board wishes to handle the issuing of County stickers for the volunteer fire and rescue personnel.
The Board briefly discussed this with Mr. Wright pointing out that Mrs. Layne wanted to know whether the Board wanted to have a brief advertisement for the County stickers or if they preferred to have the members names listed in the paper.
On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board agreed to write off the personal property taxes for 1997, 1998, 1999, to declare 2003 real estate tax delinquencies, and to advertise the names of the volunteers that receive free County stickers.
CITIZENS INFORMATION PERIOD
There were no citizens that wished to address the Board.
ADOPTION OF THE AGENDA
Mr. Lintecum said that he would like to add personnel under the County Administrator and legal consultation pertaining to a matter in the Green Springs area as topics for discussion during closed session.
Mr. Gentry said that he would like to add the eighteen lots allowed by right in A-2 zoning as a topic for discussion.
Chairman Barnes said that he would like to add the evaluations for the County Administrator and County Attorney as a topic for discussion during closed session.
Mr. Gentry said that he would like to add the meeting dates and times for the months of July and August as a topic for discussion during committee reports.
On motion of Mr. Jennings, seconded by Mr. Wright, which carried by a vote of 7-0, the February 21, 2006 agenda was adopted as amended.
Resolution of Appreciation for Dr. David B. Morgan, Green Springs District Board of Supervisors Representative
Mr. Lintecum read the resolution that was adopted by the Board at their February 6, 2006 regular meeting for all to hear. Chairman Barnes presented the resolution on a plaque to Dr. Morgan.
Dr. Morgan stated that he has appreciated the opportunity to serve the citizens of Louisa County and work with the members on the Board. Dr. Morgan said that it is enjoyable for him to see that Mr. Havasy was appointed to fill the remainder of his term until an election could be held. Dr. Morgan stated that he hopes to come back from time to time to check on things. Dr. Morgan said that he is positive that the Board will continue to serve the citizens as they have done in the past.
Discussion - REZ09-05, Historic Green Springs, Inc.
Mr. Havasy said that when they dealt with this request on the planning level, they were not looking at some of the aspects that the Board considered. Mr. Havasy said that in thinking about this request, this is a 501(c) 3 organization and he is not aware of whether they are paying taxes on this parcel at this present time. Mr. Havasy said that the second issue that he would like to bring up is going from Industrial to A-1 and as long as the owner of the parcel would never consent to allowing any mining on the property, then this would be a mute point. Mr. Havasy stated that knowing the Historic Green Springs, Inc. if this property were rezoned to A-1, he is positive that it would have easements where it could never be further divided. Mr. Havasy said that if this property were to have new ownership, it would fall out of the 501(c) 3 category and fall into tax paying parcels. Mr. Havasy made the motion to approve the request. Mr. Wright seconded the motion to open for discussion.
The Board discussed this topic in great detail with Mr. Wright asking Pat Morgan, County Attorney, if being a 501(c) 3 organization exempted them from paying taxes. Chairman Barnes pointed out that this property has only been taxed as agricultural and not industrial. Mr. Purcell said that he had asked for this topic to be delayed to allow him time to research some information. Mr. Purcell said that he has researched the deeds for this property going back to when W. R. Grace owned the parcel. Mr. Purcell stated that he had concerns for such a large amount of acreage going from industrial to A-1, which he still does. Mr. Purcell said that one of his primary concerns was that the South Anna River flows on both sides of this property and is a large body of water, which they have always had water issues in this area. Mr. Gentry said that if they were to downzone this property, it would show the citizens that they are trying to preserve the agricultural land in the area, which he feels is a positive thing.
Mr. Morgan said that there are 501(c) 3 organizations that are tax exempt, but he would have to research to verify if this property is or not.
On motion of Mr. Havasy, seconded by Mr. Wright, which carried by a vote of 6-1, with Mr. Purcell voting against, a resolution was adopted approving the rezoning request by the Historic Green Springs, Inc. to rezone approximately 289.73 acres, identified as Tax Map Parcels 22-1, 22-3-A, B, C, & D, from Industrial (IND) to Agricultural (A-1).
Discussion - Ventilation of Public Meeting Room
Michelle Perry, Acting Public Works Director, informed the Board that when they had modified the ventilation system last year, they had installed a larger blower unit in the Public Meeting Room, which caused it to become too noisy. Mrs. Perry said that they have increased all of the air supply vents that they possibly could. Mrs. Perry said that Tom Trimmer replaced the larger blower unit with the original unit that was smaller during the week of February 14, 2006. Mrs. Perry said that she feels that there will still be somewhat of a noise issue come spring, but the only way to fully correct the situation is to increase the duct size from the roof unit down to the Public Meeting Room, which is something they would have to go out to bid for since they are unable to do it in house.
The Board discussed this topic with Mr. Wright commenting that the Building and Grounds Committee went through this a little over two years ago. Mr. Wright said that they are currently using the same Engineer that provided the original recommendations to fix the HVAC in the building two years ago. Mr. Wright stated that he has concerns of using the same Engineer that they have been using since he doesnt believe that this would provide a solution to the problem. Mr. Jennings said that typically when a contractor or engineer does this type of work, they issue a warranty. Mr. Jennings suggested that they verify the warranty information prior to spending more funds. Chairman Barnes said that he would like to have the Building and Grounds Committee and staff research the warranty information to see what can be done. Mr. Gentry said that he has concerns because he knows what they spent last year trying to correct the problems, but ever since then the room has been either too hot, cold, or noisy.
Mrs. Perry replied that she would research the warranty information.
Discussion - Affordable Housing
Darren Coffey, Community Development Director, informed the Board that the Planning Commission is recommending forwarding a Home Occupation Class A and B definitions to the Board for their consideration. Mr. Coffey said that they would also like to include the accessory apartments definition. Mr. Coffey stated that if the Board concurs, the Planning Commission would like to hold their public hearing on these definitions in March 2006. Mr. Coffey said that most of the individuals that are on the Affordable Housing Committee focused on home ownership. Mr. Coffey said that one of their primary concerns throughout this process was the fact that they were leaving out a major segment of the population in terms of lower income folks for rental housing. Mr. Coffey said that this is why they talked about the definition for accessory apartments to change the current allowance that restricts it to family members and would allow for rentals to others.
The Board discussed this topic with Mr. Wright commenting that he had read an article this past weekend pertaining to the mortgage situation for affordable housing. Mr. Wright said that the last statistic that he heard on this was that the average person only stayed in a home approximately seven years. Mr. Wright said that several banks around the Country are looking at going to forty or fifty year mortgages to help reduce the overall cost on the monthly payments. Mr. Wright said that this would help individuals with a starter home to build some equity and could be a lesser fee overall than what a rental property would be. Mr. Wright suggested that this committee research this information to verify if any of the local banks are working with this to see if this would be an option. Mr. Gentry said that there was an article in the Daily Progress on Saturday, February 18, 2006 that reflected comment made by Dave Phillips, Charlottesville Area Association of Realtors CEO, saying, “Louisa's relatively affordable housing makes it popular and is the latest haven for affordability that has been discovered.” Mr. Gentry said that as far as the accessory apartments and the home occupation topics, he has been involved with the meetings for the Planning Commission and the Long Range Planning Committee where they really had a lot of anxious individuals wanting this to be done as soon as possible. Mr. Jennings said that the biggest advantage to having the forty-year mortgage is that it would allow certain individuals to better qualify. Chairman Barnes said that in researching this information, he has learned quite a bit about the restrictions that are in place. Chairman Barnes said that there are a lot of older individuals in the County that have an accessory apartment that they have not been able to rent out due to the current restrictions, but if they were to modify the definition, then it would allow these individuals to supplement their income.
Mr. Coffey replied that he would discuss this information at their next committee meeting.
Resolution - Supporting the Buckingham Branch Railroad Company to Apply for a Virginia Department of Rail and Public Transportation Grant
Mr. Lintecum said that the Buckingham Branch Railroad Company is in the process of filing an application with the Virginia Department of Rail and Public Transportation for funding assistance for the projects that are identified in their packet. Mr. Lintecum said that the total amount for the grant application is $4,350,000. Mr. Lintecum introduced Steve Powell of Buckingham Branch Railroad to the Board should they have any further questions.
The Board discussed this topic briefly with Mr. Wright asking if they would have any responsibilities for this grant or if the Board was showing their support for the grant. Mr. Lintecum confirmed that by them adopting this resolution, they would only be showing their support for the grant application.
On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, a resolution was adopted supporting the Buckingham Branch Railroad Company to apply for a Virginia Department of Rail and Public Transportation Grant.
Resolution - Naming C. Lee Lintecum with the Authority to Execute Documents Pertaining to the VPSA Refunding Bonds
On motion of Mr. Purcell, seconded by Mr. Havasy, which carried by a vote of 7-0, a resolution was adopted naming C. Lee Lintecum with the authority to execute documents pertaining to the Virginia Public School Authority (VPSA) Refunding Bonds issue that will provide a supplemental appropriation to the Louisa County Public Schools Capital funds in the amount of $20,304.83 upon receipt.
Discussion - Preliminary Subdivision Plat Review Baltimore Estates Subdivision and Hidden Farm Estates Subdivision
Mr. Coffey said that the Baltimore Estates Subdivision is for seven lots, but it crosses three former parent tracts. Mr. Coffey said that due to the Boards decision in March of 2005, any state road that crosses more than one parent tract must come before the Board for review. Mr. Coffey said that the Baltimore Estates Subdivision is very simple and he would be happy to address any questions they might have. Mr. Coffey said that the Hidden Farm Estates Subdivision is a seventy-lot subdivision. Mr. Coffey said that this subdivision would be over five parent tracts. Mr. Coffey said that they have asked the applicant to show them how many lots they could put “by right” on the parent tracts to serve with road frontage. Mr. Coffey said that they have to verify if the soil would support this amount of lots. He said that even though the Board amended the ordinance last year, an individual cannot just have the eighteen lots “by right” in A-2 as individuals have been interpreting it. Mr. Coffey said that due to these reasons, he has always instructed the applicants to erase the parent parcel lines to develop it so that is nice and creative and leaves open space to create a neighborhood instead of a subdivision. Mr. Coffey said that the roads in this proposed subdivision do cross multiple parent parcels, but they are going to be state roads. Mr. Coffey said that they have met with VDOT to discuss the entrance and will be talking with James Smith, Director of Parks and Recreation, to discuss the open space to see if the County has any interest or comments. In closing, Mr. Coffey said that he would be more than happy to answer any questions they might have on Hidden Farm Estates.
The Board briefly discussed this topic with Mr. Purcell asking Mr. Coffey how long the road was. Mr. Jennings pointed out that both lots one and two reflect that they are less than 1.5 acres and asked if those were going to be modified to meet the requirements. Mr. Jennings asked how many parcels the Hidden Farm Estates Subdivision was going to be developed from. Mr. Jennings asked if several individuals owned these five tracts of land or it they were owned by one individual. Mr. Jennings asked if this person would be able to purchase additional lots to increase the size of this subdivision. Mr. Wright said that the main concern that he has with the Hidden Farm Estates would be the traffic flow due to the current amount of traffic on Route 623 (Chopping Road), which having an additional seventy homes would add to the complications. Mr. Purcell asked if he was accurate in saying that there would be seventy lots at 1.5 acres each. Mr. Purcell asked if the common area was going to total 300 acres. Mr. Harper said that the applicant has maxed what he can do with having the agricultural zoning. Mr. Harper said that if the applicant would have rezoned the property, he could have gotten twenty more lots from the subdivision and with the price that lots are going for, he questioned why the applicant would not have requested this. Mr. Harper said that along Route 623 you will find that the pavement edge and ditch line are synonymous. Mr. Harper pointed out that the applicant had estimated that there would be an additional seven hundred cars per day added to the already over 2,000 cars per day. Mr. Harper said that while this might be fine for the area now, this is something they are going to have to consider at a later date to look at this route. Mr. Harper said that VDOT tends to be reactive rather than proactive, so this is something they have to consider for the roads.
Mr. Coffey said that he is not aware of the exact length of the road. Mr. Coffey confirmed that they would be required to meet the standard lot size for the agricultural zoning. Mr. Coffey said that the proposed subdivision for Hidden Farm Estates would be constructed on five parent tracts. Mr. Coffey said that he does not recall whether one individual or several owned these five parcels. Mr. Coffey said that if the soils were to lie out right, then “by right” an individual would be able to have a subdivision with eighteen lots of 1.5 acres and 21 acre cuts thereafter. Mr. Coffey said that they had the applicant meet with VDOT and their recommendations have been incorporated into the subdivision plat. Mr. Coffey confirmed that there would be seventy lots at 1.5 acres each. Mr. Coffey said that the common area that has been proposed is right around 76 acres, which would be a total of 224 acres for the subdivision. Mr. Coffey said that there wouldnt be any guarantees that he would have been able to achieve the additional twenty lots with the rezoning due to other factors that have to be considered.
On motion of Mr. Gentry, seconded by Mr. Jennings, which carried by a vote of 7-0, the Board agreed to allow the Community Development staff to review and complete the final plat process administratively for the Baltimore Estates Subdivision.
On motion of Mr. Harper, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board agreed to allow the Community Development staff to review and complete the final plat process administratively for the Hidden Farm Estates Subdivision.
Mr. Gentry reminded the Board that one year ago in March, the Board passed the eighteen “by right” lots in A-2 zoning where they had promised the public that they would review this in a years time frame to see if any modifications should be made. Mr. Gentry said that he would like to direct Mr. Coffey to review this topic to see where they stand, how it is going, and what is working and not working. Mr. Wright said that he would like for this review to include the upswing in the building permits since this is the only real gauge to see where it is going. Mr. Jennings said that he would like to have the number of applications for these reviewed as well. Mr. Purcell stated that the Board agreed to review this information in a years period to see if having the eighteen “by right” divisions had caused them any problems. Mr. Purcell said that they need to see the information presented so they can verify if the amount of lots is causing any problems due to the growth the County is experiencing. Mr. Wright said that they would have to review the numbers from seven to eighteen because this would cover the amount of lots from what was previously in place. Mr. Gentry reiterated the need to review this information due to the commitment that the Board made to the citizenry.
Mr. Coffey said that he would research this data and report back to the Board as soon as he can.
Mr. Gentry said that in looking at the months of July and August, he has concerns about the dates of their Board meetings. Mr. Gentry said that they only hold one meeting during both of these months. Mr. Gentry said that the scheduled meeting for July falls on Monday the third with the next day being a holiday; therefore, he would like to suggest moving the meeting. Mr. Gentry said that the meeting scheduled for August falls on Monday the seventh, which happens to be the same time as the NACO Conference; therefore, he would like to schedule this meeting for Tuesday, August 1, 2006.
The Board discussed this topic with Chairman Barnes pointing out that the holiday in July falls on a Tuesday; therefore, the meeting would be changed from July 3, 2006 to July 5, 2006. Chairman Barnes said that the August meeting would be held on Tuesday, August 1, 2006 due to the scheduled NACO conference the following week.
On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board agreed to schedule their regular meeting for the months on July and August on July 5, 2006 and August 1, 2006.
Mr. Jennings said that he would like to report on the Building and Grounds Committee. Mr. Jennings informed the Board that the work on the sound system, security, and the loose bricks at the Courthouse has been completed.
Chairman Barnes said that he would like to report on the Elementary School Design Committee. Chairman Barnes said that the committee recently discussed several designs of the school and what the school would need. Chairman Barnes said that one thing he understood from the Board was that they wanted to address fairness at each school to ensure that each one has the same offerings for all of the children. Chairman Barnes said that one of the topics they discussed was the lack of computer labs, which they want to be certain that they have adequate computer labs. Chairman Barnes said that the Board had talked about having a two-story building, which would mean that they would have to have a computer lab on the first floor and the second floor. Chairman Barnes said that the architect handed him a sheet that was for a 79,000 sq. ft. building, which the Board had asked for a 90,000 sq. ft. building. Chairman Barnes said that he was informed that the 79,000 sq. ft. building would be approachable for $16,000,000. Chairman Barnes said that the design that most of the committee liked is known as a pod, which allows you to add on in the future. Chairman Barnes said that this type of system costs more initially, but less for future additions. Chairman Barnes said that he will be attending another meeting soon, so he would like to know if they prefer to stay with a square design rather than the pod system and if they want to stick by the square design for 90,000 sq. ft. or the $16,000,000 and the 79,000 sq. ft.
The Board discussed this topic with Mr. Wright asking how many students the 79,000 sq. ft. building would hold. Chairman Barnes replied that the 79,000 sq. ft. building would accommodate 720 students.
Upon further discussion by the Board, Mr. Gentry questioned if this wasnt a situation of “read my lips,” that the Board wants a school to accommodate at least 700 students within the $16,000,000 budget that has been discussed. Mr. Wright said that one of the concerns that he has when they talk about adding on, is that when he first moved to Louisa County thirteen years ago, he was told that Jouett and Trevilians was built to be added on to and had enough land to take them into the foreseeable future, but then the schools came back and said that they could not add on to these structures. Mr. Wright pointed out that when the Board first discussed the land they procured for the elementary school, they were told that it would hold the elementary school and a middle school, but now he is being told that they never mentioned the middle school. Chairman Barnes said that the committee had discussed adding an additional school on the land, but the architect had mentioned a high school and not a middle school. Chairman Barnes stated that at their next meeting, he would inform them that the Board wants to stay within the $16,000,000, accommodate 720 students, and have a two-story structure.
Chairman Barnes informed the Board that the IDA had recently met where they discussed having the first right of refusal for the dirt from the aquatic facility. Chairman Barnes said that there had been several discussions pertaining to the dirt through others that led to miscommunications. Chairman Barnes said that the IDA does have use for the dirt on their site if the Board agrees to allow them to have it. Chairman Barnes said that he would like to allow the IDA to use the dirt that they need for the hangar they are trying to construct.
The Board discussed this topic briefly with Mr. Gentry saying that at the pre-bid conference for the facility, there were a couple of contractors that had inquired about the dirt, which he told them that if they needed some of it, they could use it to help some of the costs. Mr. Gentry said that he feels that the problem came when the property on the west side of the aquatic facility might be sold; therefore, they were wondering if they might have needed some of the dirt to possibly make a trade for land to expand the parking in the general area. Mr. Gentry said that if the IDA needs the material, there is plenty there. Mr. Wright said that he believes that this should be subject to the Countys needs since periodically, they need additional dirt at the Landfill; otherwise, he does not have any issue with the IDA using the dirt. Mr. Gentry said that they are not going to need any dirt for the site, but he didnt want the contractor thinking that they would have to add additional costs to bring the material in, but the truth of the matter is that the land next door might be developed and would need some of this material. It was the consensus of the Board to allow the IDA to use some of the dirt for their hangar project.
Mr. Havasy said that he would like to appoint James Scharf to the Planning Commission as the Green Springs District Representative.
Chairman Barnes appointed Mr. Havasy to fill the vacancies on the various commissions, committees, and Board that Dr. Morgan filled with the exception of the Technology Committee since he is going to dissolve this committee.
On motion of Mr. Havasy, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board appointed James Scharf to the Planning Commission as the Green Springs District Representative.
COUNTY ADMINISTRATOR REPORT
Mr. Lintecum presented his report highlighting the following items:
Mr. Lintecum informed the Board that he has enclosed a copy of Mr. Coffeys report to the Board reflecting the activities of the Community Development Department.
Mr. Lintecum informed the Board that the health insurance rates are going to remain flat this year.
Mr. Gentry said that during the recent School Board meeting, they announced that there might be a decrease to the health insurance. Mr. Lintecum confirmed that there might be a decrease, but it would at least be flat.
Mr. Lintecum informed the Board that he received a request from the applicants attorney asking that they remove REZ14-05 from the consent agenda for public hearing.
Mr. Gentry said that there were six proposed public hearings on this consent agenda. Mr. Gentry said that they had divided the dates for these hearings with the Board because there were two of the hearings that were going to take quite a bit of time and the other four were simple. Mr. Gentry said that since they are removing the one hearing, he would like to suggest that they schedule these hearings for the same date rather than holding them during two different meetings. Mr. Gentry said that he would like to hold these hearings on March 20, 2006.
On motion of Mr. Gentry, seconded by Mr. Purcell, which carried by a vote of 7-0, the Board agreed to adopt the Consent Agenda for the five scheduled public hearings that will be held on March 20, 2006.
Brenda Martin, Executive Manager, informed the Board that they had sent out the letter to Senator Houck and Delegate Janis for JABA based upon what they had discussed during their last regular meeting. Mrs. Martin said that Mr. Gordon of JABA had sent a letter thanking the Board for their support because he feels that this letter will help them.
Mr. Morgan did not discuss any legal correspondence with the Board.
APPROVAL OF BILLS
On motion of Mr. Wright, seconded by Mr. Purcell, which carried by a vote of 7-0, with Mr. Gentry abstaining from a reimbursement check pertaining to him and Mr. Jennings abstaining from a check pertaining to his daughter that is listed under Parks and Recreation, a resolution was adopted approving the bills for the first half of February 2006 for the County of Louisa in the amount of $223,358.22.
APPROVAL OF MINUTES
On motion of Mr. Gentry, seconded by Mr. Jennings, which carried by a vote of 7-0, the Board adopted the minutes of February 6, 2006 as presented.
On motion of Mr. Purcell, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board voted to enter Closed Session at 6:09 p.m. for the purpose of discussing the following:
1. In accordance with §2.23711 (a) (1) of the Code of Virginia, 1950 as amended, for the purpose of discussing personnel under the County Administrator.
2. In accordance with §2.23711 (a) (1) of the Code of Virginia, 1950 as amended, for the purpose of discussing the County Administrator and County Attorneys evaluations.
3. In accordance with §2.23711 (a) (7) of the Code of Virginia, 1950 as amended, for the purpose of consultation with legal counsel pertaining to litigation in the Green Springs area.
On motion of Mr. Harper, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board voted to return to Regular Session at 7:32 p.m.
RESOLUTION - CERTIFICATION OF CLOSED SESSION
On motion of Mr. Gentry, seconded by Mr. Purcell, which carried by a vote of 7-0, the Board voted to adopt the following resolution:
WHEREAS, the Louisa County Board of Supervisors has convened a Closed Meeting this the 21st day of February 2006, pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and
WHEREAS, § 2.2-3712 of the Code of Virginia requires a certification by the Louisa County Board of Supervisors that such closed meeting was conducted in conformity with the Virginia Law.
NOW, THEREFORE BE IT RESOLVED on this the 21st day of February 2006, that the Louisa County Board of Supervisors does hereby certify that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting was heard, discussed or considered by the Louisa County Board of Supervisors.
On motion of Mr. Wright, seconded by Mr. Purcell, which carried by a vote of 7-0, the Board voted to adjourn the February 21, 2006 regular meeting at 7:33 p.m.
BY ORDER OF
FITZGERALD A. BARNES, CHAIRMAN
LOUISA COUNTY BOARD OF SUPERVISORS
LOUISA COUNTY, LOUISA, VIRGINIA