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MARCH 5, 2007
5:00 P.M.

Board Present: Fitzgerald A. Barnes, Willie L. Gentry, Jr., Willie L. Harper, Richard A. Havasy, Allen B. Jennings, Eric F. Purcell and Jack T. Wright [an error occurred while processing this directive]
Others Present: C. Lee Lintecum, County Administrator; Ernie McLeod, Deputy County Administrator; Patrick Morgan, County Attorney; Darren Coffey, Director of Community Development; Jason Pauley, County Engineer; Kevin Linhares, Director of Facilities Management; Bob Hardy, Director of Information Technology; Amanda Lloyd, Office Manager and April Jacobs, Deputy Clerk


Chairman Wright called the March 5, 2007, 2007 regular meeting of the Louisa County Board of Supervisors to order at 5:00 p.m.  Mr. Gentry led the invocation, followed by the Pledge of Allegiance.


Pattie Shanks, Mountain Road District, stated she is a parent of two adult children who were educated in Louisa County Public Schools.  Mr. Shanks said twenty-six years ago her husband and herself moved into Louisa County with a commitment to make this County their permanent home and to become actively involved in their childrens education.  Ms. Shanks said through the years, she has remained involved in Louisa County Public Schools and added she is proud that her daughter chose to teach at her hometown elementary school, Jouett Elementary.  Ms. Shanks further added that she volunteers in her daughters classroom every week.  Ms. Shanks said she is extremely proud of the progressive educational opportunities afforded to the students and their achievements, both in and out of the classroom.  

Ms. Shanks stated she is here tonight to speak about the new elementary school.  Ms. Shanks said it is unacceptable to have trailers at each elementary school and more budgeted for this upcoming fiscal year.  Ms Shanks added that she read in the Central Virginian Newspaper that trailers might also be considered for the new elementary school to cut cost.  Ms. Shanks said this cost savings idea is ludicrous.  Ms. Shanks said it is time to move forward with the construction of the new elementary school.  

Ms. Shanks said VMDO, the Architect, and Barton Malow, the Construction Management Firm, served the County well when they renovated the High School.  Ms. Shanks added when the Middle School was built, things didnt go as smoothly without a Construction Management Firm on site.  Ms. Shanks said she sincerely hopes the Boards will set their differences aside and continue with VMDO and Barton Malow.  Ms Shanks ask the Board that they provide the funding to move forward with the construction of the much-needed new elementary school.


On motion of Mr. Purcell, seconded by Mr. Barnes, which carried by a vote of 7-0, the March 5, 2007, 2007 agenda was adopted.


VDOT Monthly Update Jamie Glass, Resident Administrator, provided an update of VDOT activities, which included the following:


Construction: Land Use: Traffic Engineering:

Mr. Glass added if everything looks good with the six-year plan, VDOT would like to request the County to schedule a joint public hearing to review the plan and get it approved.  Mr. Lintecum stated the public hearing could be scheduled for the first regular meeting in April.  The Board agreed to schedule a public hearing.

Mr. Purcell questioned what he needed to do to get the issue resolved for Walnut Woods Road.  Mr. Glass stated VDOTs Contract Administrator is current working with utility companies for cost estimates and she has also been working with County Staff during the process.

Mr. Barnes questioned Mr. Glass on Captain Meade Road (route. 641).  Mr. Glass stated at the last meeting, VDOT started processing the environmental permits that are needed and VDOT is planning to start that project after finishing the industrial access project.  Mr. Barnes questioned if Byrd Mill Road (route 649) was still included in the six-year plan.  Mr. Glass said yes.

Mr. Wright stated he has received a letter from a citizen requesting a sign for Children at Play be installed on Horseshoe Bend (route 805) from a safety standpoint.  Mr. Glass said a resolution from the Board would need to be approved.

On motion of Mr. Gentry, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board approved a resolution to request VDOT to install a Children At Play sign on Horseshoe Bend (route 805).

Presentation TJSWCD - Alyson Sappington, District Manager, thanked the Board for the opportunity to speak.  Ms. Sappington acknowledged Mary Johnson as a Louisa County representative.

Ms. Sappington emphasized that the Thomas Jefferson District is about partnerships and Louisa County had always been a good partner to the organization.  

Ms. Sappington stated soil and water conservation districts are
legal subdivisions of state government responsible for natural resource work within boundaries of one or more localities.  Ms. Sappington said the boundaries cover ninety-eight percent of land in the United States.  

Ms. Sappington said the Thomas Jefferson District includes the Counties of Louisa,
Albemarle, Fluvanna, and Nelson, and the City of Charlottesville.  Ms. Sappington said the organization has ten elected directors and two appointed directors.  Ms. Sappington added the directors for Louisa County are Mary Johnson and James Kean.  Ms. Sappington said the district also includes a staff of seven people and one is based in Louisa County.  Ms. Sappington stated funding sources for the organization include state, localities, and grant funding.  

Ms. Sappington said a brief overview of what the organization does is they offer urban programs to support localities for their erosion and sediment control programs and stormwater management programs.  

Ms. Sappington stated the organization is most well known for their agricultural programs.  Ms. Sappington said last fiscal year $80,838 was distributed in Louisa and this current year, the organization has already allocated $207,528 for agricultural conservation assistance.  

Ms. Sappington said the organization also does a lot of educational programming for youth and adults.  Ms. Sappington stated the group hosts workshops, as well as a national environmental competition that consists of Louisa County High School students.  

Ms. Sappington stated the organization also has an easement program, which differs from standard easement programs.  Ms. Sappington said this program concentrates primarily on protecting water resources.  Ms. Sappington added the organization accepts very small tracts or parcels and considers themselves to be the “easement holder of the last resorts.”  Ms. Sappington further added the organization requires a stewardship contribution to help fund the easement program.  Ms. Sappington noted the long term monitoring and enforcement costs are all funded through a foundation that holds these contributions to be able to pay for long term monitoring of the easements.  

Ms. Sappington stated one of the programs of Louisa County is the
watershed dams-project for flood control in the County.  Ms. Sappington said two of the dams are water supplies for the County and the other eight are maintained and operated by the Soil and Water Conservation District.  

Ms. Sappington said recently, Louisa County has been proactive in initiatives to protect water quality by adopting a stormwater management ordinance in 2001 and shoreline management standards in 2005.  Ms. Sappington said both of these are works in progress and the organization provides technical assistance to County Staff in administering these programs.  

Ms. Sappington stated ways Louisa County can continue to look for opportunities for water protection in the future.

1. Consider impacts of development above and below the flood control dams.
2. Consider adjusting Water Resource Areas to correspond with the most recent Comprehensive Plan.
3. Understand the importance of tree protection and consider ways to promote protection of trees in critical areas.

Ms. Sappington said trees are a very cheap way to protect water quality.  Ms. Sappington stated trees cool, capture, absorb and filter water.  Ms. Sappington added trees along riparian areas are the most important to maintain, which are called the riparian forest buffers.  Ms. Sappington stated forest coverage in Louisa County is seventy-two percent of the Countys acreage.  

Ms. Sappington said there is always the question of stream health and water quality in jeopardy.  Ms. Sappington said there are signs that water quality is decreasing.  Ms. Sappington referenced a study completed by Stream Watch and said their data has shown that stream water quality actually starts to decrease at very low densities.  

Ms. Sappington said Louisa County does have opportunities to

encourage tree protection.  Ms. Sappington said the County could consider seeing buffers as a type of proffer that developers could offer in rezonings or as a gesture to show environmental commitment and gain public support for a project by agreeing to maintain buffers.  Ms. Sappington said if on-site tree protection is not an option, developers could pay into the easement fund to help fund other tree protection areas in the County.  Ms. Sappington said the County could encourage the use of permanent tree protection as a Stormwater Management tool and Dominion Power could be asked to require trees on their land along the Lake Anna shoreline.

Ms. Sappington stated the
TJSWCD easement program concentrates on protecting water resources in:

Ms. Sappington said the administration of the program is done by a separate 501C (3) organization so that the funds that go into this program are kept separate from the operational budget and are earmarked for long-term maintenance.  Ms. Sappington added the foundation has its own Board of Directors and the two current representatives for Louisa County are Randy Holladay and Mark Monson.  

Ms. Sappington stated a riparian buffer easement would not imply that the public has access to the land; it still allows the landowner to have complete ownership.  Ms. Sappington said the owner would just be giving up the right to cut the trees on the property.  

Ms. Sappington said a large easement that Louisa County has is the Wal-Mart Distribution Center.  Ms. Sappington added that Wal-Mart agreed to keep wetland areas buffered with trees.  

Ms. Sappington said the conveyance of an easement to TJSWCD can sometimes be used as an alternative to help developers meet state, local, or federal water-related regulations.  Ms. Sappington added promoting forested buffer easements along streams leading into the lake or along the lakeshore could protect Lake Anna.  Ms. Sappington further noted the Green Springs Monitoring Project has targeted the South Anna River for protecting water quality and easements would ensure this protection in the future.

Mr. Purcell stated Ms. Sappington mentioned that it would be beneficial to the County to expand its water resources in areas where the Comprehensive plan has designated as growth areas and questioned how the County would balance out the need to expand water sources with growth areas and protect streams at the same time.  Mr. Purcell said if a large water source is going to be made, the water would have to be dammed up and diverted and questioned if the organization sees that as a negative for the streams or a positive because the water supply has been increased for the area.  Ms. Sappington said it has both negatives and positives and thats why the permitting process takes so long.  Ms. Sappington said there are significant environmental impacts and that is a very difficult process to go through, but it does raise the issue of why it is so crucial to protect the existing water supply.  

Mr. Gentry questioned if the impaired waters are beyond how the County can help them or what the County could do to fix these.  Ms. Sappington said increasing buffers in those areas would help.  Ms Sappington added these are all impaired waters because they are not meeting a particular standard, some may have un-maintained septic systems or farmland, but for each of these stretches of impaired waters, the state will facilitate a process of coming up with a plan to address each one.


Update Financial reporting requirements for fire and rescue volunteer agencies

Mr. McLeod said at the last Board meeting, the Board of Supervisors discussed volunteer agencies completing different types of financial audits for their operating and capital funds.  Mr. McLeod said the Board approved the agencies completing what is called an “agreed upon procedure” with the County paying the bill for the procedure.  Mr. McLeod stated he would suggest creating a memorandum to each agency informing them of the Boards decision. Mr. McLeod added each agency should hire an auditor to complete this procedure at the end of each fiscal year.  Mr. McLeod noted the bill for this procedure should be sent to the County Finance office for payment.

Mr. Wright questioned if anything has been heard from EMSAL regarding this new procedure.  Mr. McLeod stated he has spoken with Garland Nuckols, president of EMSAL, and Mr. Nuckols said he doesnt see a problem with this request.  Mr. Wright stated he suggests that EMSAL and the Fire Association be required to complete this at the same time.  Mr. McLeod said all agencies would get a letter explaining what the Boards request would be.  

Mr. Wright questioned if Mr. McLeod needed a decision from the Board as to what option the Board wants the agencies to use.  Mr. McLeod said the Board voted to use what is considered to be an agreed upon procedure, which is the most efficient and effective service of the options.  


Discussion and consideration Contract award for engineering services for the James River Water Project

Mr. Lintecum stated the staff of Louisa and Fluvanna Counties recommends the Timmons Group.  Mr. Lintecum said five proposals were received from some very qualified firms and the list was narrowed to two firms.  Mr. Lintecum added after site visits and further interviews, Timmons was the firm chosen for recommendation because it was the most acceptable to both jurisdictions.  Mr. Lintecum added The Timmons Group had good imagination in this process to try and help the Counties get this project going as soon as possible and to spend the least amount of money as possible.  Mr. Lintecum stated this would give the Counties adequate time to build the customer basis needed to finance this project.  Mr. Lintecum added there are a lot of questions that still need to be answered prior to getting into the actual design, such as, what type of organization will run this, how will it be financed, and what the route will be.  Mr. Lintecum introduced Joe Hines, Program Manager of the Timmons Group.

Mr. Hines said this has been a long process and Timmons is glad they were selected for this project.  Mr. Hines said the Timmons Group thinks this will be a very nice project for both counties.  Mr. Hines stated he is here to answer any questions on what is going to be done with this project.  

Mr. Gentry said the cost of $85,000 in total fees for Task 3 (Refine and Finalize Organizational Structure Recommendations, Develop Financial Projections and Discuss Project with Funding Agencies) and Task 4 (Public Relations Coordination and Communication Program to include BOS presentations, Public Involvement, Press Releases and Community Research & Interviews) seems high.  Mr. Hines stated there is a lot of work that goes into that aspect.  Mr. Hines said Timmons doesnt look at that as a high cost as much as a high value item as far as this proposal is concerned.  Mr. Hines added Timmons has some financial consultants, public relations consultants and an attorney on the Board.  Mr. Hines noted this amount is bringing everything together and this is the best task for making things happen within the context of the project.  

Mr. Barnes said this is a plan that the two Counties have talked about for years and this is a project that the Central Virginian will benefit from and the Counties need to move forward with this.

Mr. Havasy agreed with Mr. Barnes.

Mr. Wright commented he would like to see this project move as rapidly as possible.  Mr. Wright said this project is vital to Louisa and Fluvanna for future development.  

On motion of Mr. Barnes, seconded by Mr. Purcell, which carried by a vote of 7-0, the Board agreed to award contract for engineering services for the James River Water Project to the Timmons Group, contingent upon approval by Fluvanna County.

Mr. Gentry questioned if the cost of this project was being divided half and half between Louisa and Fluvanna Counties.  Mr. Lintecum stated yes.  

Mr. Hines introduced Frederick Pribble, Funding and Public Relations Team Leader with Draper Aden Associates, and James Christian, Engineering and Technical Team Leader with the Timmons Group.    

Mr. Hines stated the Timmons Group is looking to put in a water supply grant application and the Group is requesting that the Board pass a resolution for support of this application.  Mr. Hines stated the grant would be $100,000 for Fluvanna and $100,000 for Louisa.  Mr. Hines added Timmons feels like this is an application that should be put in to help defer some of the costs.  

On motion of Mr. Barnes, seconded by Mr. Havasy, which carried by a vote of 7-0, the Board adopted a resolution in support of a grant for $100,000 for Louisa County for this project.  

Mr. Hines thanked the Board for their support.


Mr. Havasy stated he would like to make a correction to the Dry Cask Storage Committee Meeting minutes because he attended the meeting and the minutes didnt reflect that.


Mr. Lintecum said the Planning Commission has written a letter to the Board of Supervisors, regarding “Transportation Plan and State Legislation” and is seeking approval and guidance by the Board to formally initiate work on a transportation plan.

Mr. Lintecum said the Planning Commission has written a letter to the Board of Supervisors regarding “Proposed Amendments to the Industrial (IND) Zoning District” and is seeking approval and guidance by the Board to formally initiate work on proposed amendments to the IND district.

Mr. Purcell stated he understands by reading the correspondence from the State, that they are still working out transportation issues.  Mr. Purcell said the current situation is that the State is going to continue to be in the secondary roads system business, but there are going to be new State standards for state roads.  Mr. Lintecum said the State is grouping Louisa County with the Richmond area, which is a growth area.  Mr. Lintecum said the Board is going to have to make sure the Comprehensive Plan meets the requirements of identifying the urban growth areas, if this bill becomes law.

Mr. Purcell questioned Mr. Coffey about what the first letter is requesting.  Mr. Coffey said he had envisioned the most effective mechanism would be to add a transportation chapter in the Comprehensive Plan.  Mr. Coffey stated that is what he has seen in other jurisdictions and he has some ideas to put forward.  Mr. Coffey said the final form would be up to the Board, but the Board wouldnt be bound to it any more than anything else in the Comprehensive Plan.

On motion of Mr. Havasy, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board approved the Planning Commissions request to formally initiate work on a transportation plan.

On motion of Mr. Gentry, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board approved the Planning Commissions request to formally initiate work on proposed amendments to the Industrial (IND) Zoning District.

Mr. Lintecum stated the Board would have its first budget workshop on Wednesday March 14, 2007 at 6:00 p.m. in the EOC.


Resolution To take two (2) streets in the Bien Venue Subdivision into the
secondary system of highways in Louisa County, Virginia

On motion of Mr. Purcell, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution to take two (2) streets in the Bien Venue Subdivision into the secondary system of highways in Louisa County, Virginia.


On motion of Mr. Gentry, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution approving the bills for the second half of February 2007 for the County of Louisa in the amount of $563,962.14.


On motion of Mr. Barnes, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board adopted the minutes of the February 13, 2007 meeting.

On motion of Mr. Barnes, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board adopted the minutes of the February 20, 2007 meeting.


On motion of Mr. Barnes, seconded by Mr. Purcell, which carried by a vote of 7-0, the Board voted to recess the March 5, 2007 meeting at 5:57 p.m. until March 14, 2007 at 6:00 p.m.