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March 7, 2005
5:00 P.M.



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 ORDER

Chairman Barnes called the March 7, 2005 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.


APPROVAL OF BILLS

On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, a resolution was adopted approving the bills for the second half of February 2005 for the County of Louisa in the amount of $283,687.55.


CONSTITUTIONAL OFFICERS


Sheriff Fortune provided an update to the Board on the activities that took place in the Sheriffs Department during the month of February. Sheriff Fortune identified the amount of warrants, civil papers, and traffic summons that were served during this time. He went on to state the amount of calls that they received for the month and the types of calls they responded to.

CITIZENS INFORMATION PERIOD


Reverend Charles Sims, Patrick Henry District, informed the Board that he was here this evening to speak with them about land and property issues. In response to the recent uproar from individuals during the public hearing for the subdivision and zoning ordinances, Reverend Sims stated that there is enough room in Louisa County to allow for growth. Reverend Sims said that he is upset about the increase in taxes and assessments. Reverend Sims expressed concerns about discouraging the children in the County from being able to afford their own home some day. Reverend Sims stressed the importance of having managed growth to consider all citizens in the County, especially the children.

Gregory Hosaflook, Patrick Henry District, informed the Board that he wanted to make a couple of comments about the A-2 subdivision ordinance that is coming up. Mr. Hosaflook said that he understood that with the old ordinances that Louisa had on an existing state road required 300 of road frontage in A-2 zoning; however, they had a useful tool that was included that allowed for two lots of 200 of road frontage each and each additional lot would have to be 300. Mr. Hosaflook urged the Board to consider keeping this requirement in the ordinance. Mr. Hosaflook identified the process of creating a subdivision and expressed concerns about the costs that would be associated with developing a subdivision if the proposed ordinance were approved. Mr. Hosaflook suggested that the Board consider allowing 15 lots in a subdivision created in an A-2 zoning that is 50 acres or less and allow twenty lots for subdivisions that are greater than 50 acres.

Jamie Daniel, Cuckoo District, provided petitions to the Board that were signed by sixty-one citizens expressing their disappointment with their recent actions that were taken regarding the subdivision ordinance for A-2 zoning at their February 23, 2005 meeting. Mr. Daniel stated that the Board took away the landowners rights. Mr. Daniel pointed out that the state maintained roads would cost more money to build and the number of lots has been decreased. Mr. Daniel urged the Board to add this item to an upcoming agenda to consider allowing the minimum of twenty lots on state maintained roads or change the ordinance back to how it previously existed. Mr. Daniel stated that there are many citizens in Louisa County that cannot afford the real estate taxes due to living on a fixed income and urged the Board to bring more businesses into the County to provide a broader tax base.

Michael Rodriquez, Cuckoo District, informed the Board that he was here to speak with them about a situation that affects his property. Mr. Rodriquez explained that when he purchased his property, it showed the County of Louisa as the adjoining property owner. He said that the property had a lot of trash in the woods behind his property, which the previous owners of the land and the Cuckoo District Supervisor told him that the woods belonged to the Louisa County Landfill. Mr. Rodriquez said that when he approached the Landfill with this issue, they told him that they would clean the property since it was their land. Mr. Rodriquez said that they were told that the woods behind their parcel would never be removed, but left as a buffer. Mr. Rodriquez said that at the end of 2004, the Landfill property was logged, which has left them with a clear view of the trash. Mr. Rodriquez expressed concern about the effect that this might have on his property value. Mr. Rodriquez said that he has spoken with Lee Lintecum, County Administrator, about this situation and was informed that there wasnt anything that could be done. In closing, Mr. Rodriquez urged the Board to consider putting a buffer on the property due to it being an ethical situation.  

Mr. Harper told Mr. Rodriquez that he has indicated in his letter and in his presentation that he had been “told” and questioned who he was told by. Mr. Harper stated that he might have some recourse that he could take with the individuals that mislead him.

Mr. Rodriquez replied that the previous homeowner, his District Supervisor, and what he believes was the head Supervisor of the Landfill had told him this.

Chairman Barnes told Mr. Rodriquez that they would be in touch with him.

Todd Chisholm, Patrick Henry District, expressed his appreciation to the Board for all of their efforts and hard work after what he experienced last week when he attended the public hearing on February 23, 2005. Mr. Chisholm said that he agrees with the Board that the County needs to have good roads and reiterated that the costs of these roads would be  $75.00 to $100.00 per linear foot. Mr. Chisholm urged the Board to change the amount of lots allowed in A-2 zoning to allow for the minimum of twenty lots to help offset the costs.

Mr. Gentry said that since the public hearing that was held on February 23, 2005 for the subdivision and zoning ordinances, he doesnt believe that there is anyone who hasnt acknowledged that a mistake had been made. Mr. Gentry stated that he personally made a mistake when he voted on the number of lots that would be allowed in A-2 zoning, he was not voting to eliminate subdivisions in A-2 zoning, but voting not to agree with that particular statement. Mr. Gentry said that he does realize the need for subdivision in A-2 zoning, which is required by the state to be mixed use. Mr. Gentry apologized to all of the citizens of Louisa County saying that it was never his intentions to eliminate subdivisions in A-2 zoning.

ADOPTION OF THE AGENDA

Dr. Morgan said that he would like to add the Hanover Mutual Aid Agreement for Emergency Services as a topic to the agenda.

Dr. Morgan said that he would like to add a proposal for them to join in on a grant for a transportation study at Zion Crossroads to the agenda.

Mr. Purcell said that he would like to add a legal discussion to closed session regarding the lawsuit at Zion Crossroads with Green Springs.

Chairman Barnes said that he would like to add personnel under the Board of Supervisors in relation to the County Attorney and the County Administrator to closed session.

        On motion of Mr. Purcell, seconded by Dr. Morgan, which carried by a vote of 7-0, the March 7, 2005 agenda was adopted as amended.


Mr. Lintecum introduced Darren Coffey as the new Director of Planning and Community Development.

PRESENTATION


VDOT Update, Milton Thacker, Resident Engineer


Milton Thacker, VDOT Resident Engineer,
summarized VDOTs current maintenance activities to the Board. Mr. Thacker identified VDOTs current construction activities and said that the replacement bridge project on Route 799 (Beaverdam Road) is scheduled to begin on April 4, 2005, which they would communicate with the Louisa County School Transportation Department, the U. S. Post Office, and Emergency Services to avoid having any conflicts. Mr. Thacker identified VDOTs general activities as Work Zone Safety training for 165 students at the high school, response to Senator Houck regarding the conditions of Depot Road, communicating with the District Traffic Engineer about the reduction of speed in the Spring Creek Development area, requested a no U-Turn sign at the Route 15/250 intersection in Zion Crossroads, verified the names and locations of all of the High Risk Sites, added two intersections for Route 33/22 and Route 22/15 to the High Risk Site list, and received a report on the section of Route 522 (Cross County Road), between Route 33 (Jefferson Road) and Route 657 (Apple Grove Road) that included several recommendations that will be done.

The Board expressed their appreciation to Mr. Thacker for his presentation, with Mr. Gentry commenting on the expedient work that he did for Route 522. Mr. Harper asked Mr. Thacker to name the three highest traveled roads in the County aside from the interstate.

Mr. Thacker replied that the three highest traveled roads would be Route 33 Route 522, and Route 22.

Mr. Harper reiterated to Mr. Thacker that Route 22 still has a one-mile stretch of road that has a 55mph speed limit that is located between Louisa and Mineral. Mr. Harper said that this portion of this road shares the same characteristics as the two ends that have been reduced to 45mph. Mr. Harper urged Mr. Thacker to keep in mind that there are other issues that need to be addressed.


State Transportation Planning Grant Program Proposal to VDOT


Dr. Morgan apologized to the Board for getting this information to them so late, but he had just learned about it on March 3, 2005 during the Thomas Jefferson Planning District Commission meeting. Dr. Morgan explained that this proposal was for the northwest section of Fluvanna to basically look at traffic conditions on Route 250, Route 15, I-64, and Route 53. Dr. Morgan stated that when they talk about the Route 250/15 sections, they are going to include the Fluvanna portion of Zion Crossroads as well. Dr. Morgan said that it made sense to him to consider including the Zion Crossroads growth area in this study. Dr. Morgan stated that this is for a VDOT grant that is due by March 11, 2005 and does not require any matching funds by the County. Dr. Morgan said that the intent is to assess what the current and future transportation needs of the area would be.

The Board briefly discussed this grant with Mr. Gentry asking if this was tied into the meeting that was going to be held on March 19, 2005 to address the areas growth initiatives. Mr. Wright said that he believes that it would be easier to do the study now rather than trying to piece meal it together later, which could save on expenses. Mr. Purcell stated that as of right now, the Board does not have any guarantees that Zion Crossroads is going to grow at all due to the lawsuit that is currently going on. Mr. Purcell said that he doesnt believe that the resolution is worded correctly since the Board is trying to encourage growth in the Zion Crossroads area. Mr. Purcell said that he would not support applying for this grant until he has had the opportunity to speak with Mr. Harrison Rue to see that some verbiage is added to this as far as the Planning District assisting the County to attract the kind of economic development in the area.  

Dr. Morgan replied that the two are designed to look at the same issue via different methods. Dr. Morgan said that this item would be discussed at the meeting on the nineteenth. Dr. Morgan said that the Board has to decide whether or not they are interested in participating; looking at Zion Crossroads as a component of that. Dr. Morgan made the motion to add the Louisa County portion of Zion Crossroads as defined by the growth area to the grant that is being proposed by the Thomas Jefferson Planning District for them to apply to VDOT for the grant money.

Mr. Wright seconded the motion.

Chairman Barnes said that if Dr. Morgan and Mr. Wright would agree to modify their motion and second to state that this information would only be for advisory purposes, then he would support this.

On motion of Dr. Morgan, seconded by Mr. Wright, which carried by a vote of 6-1, with Mr. Purcell voting against, a resolution was adopted of support to add the Louisa County portion of Zion Crossroads as defined by the growth area for linking transportation and growth decisions in the major transportation corridors of Fluvanna and Louisa Counties for a grant proposal to the Virginia Department of Transportation by the Thomas Jefferson Planning District.


OLD BUSINESS


Resolution Repeal of Section 42-6 of the Code of Louisa


Pat Morgan, County Attorney, reminded the Board that they had adopted Section 42-6 of the Louisa County Code as an effort to provide access or some kind of fire safety to subdivisions that were built with roads that did not meet state standards. Mr. Morgan said that since the joint public hearing on February 23, 2005, the Board passed an ordinance that requires all roads to be built to state standards as long as they are serving more than two lots. Mr. Morgan explained that this makes Section 42-6 unnecessary. Mr. Morgan said that the Board held a public hearing on whether or not to repeal this in December 2004, which he has now brought this item back to the Board for a formal motion.

On motion of Mr. Purcell, seconded by Mr. Gentry, which carried by a vote of 7-0, a resolution was adopted to repeal Section 42-6 of the Louisa County Code.


Mutual Aid Agreement With Hanover County


Dr. Morgan reminded the Board about the correspondence that they received from Hanover County, which he had asked them to delay any action until they received input from EMSAL. Dr. Morgan said that the information that he received at the last EMSAL meeting indicated that the voting members of EMSAL were interested in having reciprocal consideration given by Hanover; given the fact that Louisa County does not charge at this point for our Emergency Medial Services to respond to Mutual Aid Calls in Hanover County. Dr. Morgan said that EMSAL recommended that the Board pursue this issue and have Mr. Lintecum draft a letter to the Hanover Board of Supervisors and the County Administrator requesting that they exempt Louisa County from the change for billing since Louisa County does not have a billing process in place.

NEW BUSINESS


Resolution To Add Neals Nest Street (Route 1073) into the VDOT Secondary System of Highways


Mr. Gentry requested that the plat information be included in the resolution and Dr. Morgan said that he would like to have the number of homes listed that are served by this road.

On motion of Mr. Gentry, seconded by Mr. Jennings, which carried by a vote of 7-0, a resolution was adopted to add Neals Nest Street (New Route 1073) into the VDOT Secondary System of Highways in Louisa County, Virginia.


Resolution Supporting the Buckingham Branch Railroad Company to Apply for a Virginia Department of Rail and Public Transportation Grant


Mr. Lintecum stated that the Buckingham Branch Railroad Company is applying for the Rail Assistance Program to upgrade the rail that they are now leasing that runs through Louisa County. Mr. Lintecum said that part of the process requires the support of the Louisa County Board of Supervisors.

The Board discussed this topic in great detail with Mr. Gentry questioning what the three businesses in the County were being served by Buckingham Branch Railroad and if supporting this resolution would have any impact on secondary road monies. Dr. Morgan reminded the Board that a little over a year ago, they had requested CSX to upgrade some of the crossings in the County. Dr. Morgan said that he understood that these funds could not be used for roads not in the secondary system and recommended that the County Administrator send a letter requesting that funds be made available at some point to upgrade all of the railroad crossings in Louisa County. Chairman Barnes pointed out that the rail system that goes through Louisa County is one part of economic development that they should be taking advantage of as part of economic development.


Mr. Lintecum replied that they serve Virginia Vermiculite, Orange Madison Coop, and Virginia Power. Mr. Lintecum confirmed that this would not have any effect on secondary road monies.

On motion of Mr. Purcell, seconded by Dr. Morgan, 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 Landfill Contract and Tipping Fee Program


Ernie McLeod, Deputy County Administrator, informed the Board that he has submitted a resolution for their consideration for a supplemental appropriation for the C. T. R. contract and other contractors that were augmenting the Counties during that time for $522,836. Mr. McLeod said that the remainder of the resolution reflects the costs associated with the tipping fees for $44,059.

The Board discussed this topic in great detail and determined that they would like to have a system setup to allow the monies to go back to the operation of the Landfill or to the CIP that requires additional improvements to the Landfill. The Board agreed that they want to be able to track the Tipping Fee Program and requested Mr. McLeod to speak with Robert Huff of Robinson, Farmer, Cox Associates, to determine how they could establish a separate fund legally to track this program.  

On the motion of Dr. Morgan, seconded by Mr. Wright, which carried by a vote of 6-1, with Mr. Gentry voting against, a resolution was adopted to appropriate $522,836 to the Landfill Department and $44,059 to the Finance Department for operational budgets for the Landfill and Finance Departments.


Discussion RFP for Grass Cutting Projects


James Smith, Director of Parks and Recreation, said that at the request of the Board, Parks and Recreation advertised invitations to bid on grass cutting for seventeen sites. Mr. Smith said that the bids were opened on February 2, 2005 at 2:00 p.m., of which, the Finance Department prepared an analysis of the total parks grass-cutting budget that has been included in their packet.

The Board discussed this topic in detail with Chairman Barnes explaining that they were trying to look at how they could privatize some of the County operations to become more cost efficient. Dr. Morgan questioned what all of the additional costs were associated with outsourcing. Mr. Harper stated the he found it puzzling that they are not eliminating any positions by contracting the services since there was just less than a $9,000 difference. Mr. Wright requested a final list of the fields that would be covered by this contract. The Board addressed the issue of coordinating the grass cutting with the schools to avoid having problems with the athletic field and the spectator areas. Dr. Morgan said that if they were going to be getting rid of some of the part time staff and outsourcing the jobs, he wanted to ensure that there are provisions in the contract to cover the issue of job satisfaction should they wind up not being satisfied.

Mr. Smith explained that part of the projected costs reflects the $48,380 from the lowest bidder and for them to be able to keep one part time employee. Mr. Smith said that they normally have two full time maintenance staff positions, but with this proposal, they would only have one. Mr. Smith explained that the second full time position has been vacant since August and would not be filled if the Board decides to outsource these services. Mr. Smith confirmed that he would submit the list of fields that would be covered by the contract. Mr. Smith confirmed that there were stipulations in the contract to address non-performance penalties.


        On motion of Mr. Gentry, seconded by Mr. Purcell, which carried by a vote of 4-3, with Messrs Harper, Wright, and Dr. Morgan voting against, the Board approved the outsourcing the grass cutting for seventeen fields as identified in the RFP for the contract amount of $48,380 to Central Virginian Lawn Service.

Discussion Subdivision in A-2


Mr. Morgan provided the Board a proposed amendment to Section 86-73 of the zoning ordinance. Mr. Morgan explained that since the Board rejected the idea of having twenty 1.5 acres lots in A-2 zoning, he has modified the number to nineteen in order for them to maximize their ability to consider what is next. Mr. Morgan said that if an individual were considering constructing multifamily housing within the subdivision, then they would be allowed to have up to twenty-three lots. Mr. Morgan stated that he has included a provision that if someone were to develop nineteen 1.5 acres lots in a subdivision, then they would be able to have additional lots of 21 acres or more if they still had enough remaining property.  Mr. Morgan pointed out that he has included provisions for shared drain fields from multifamily housing that eliminates any responsibilities of the owner of either part of the dwelling and one for individuals that are developing more than one parcel that says that each parcel has to be developed separately and have a separate access to state roads.

The Board discussed this topic in great detail questioning if the Health Department would be responsible for approving the joint responsibilities of two property owners for a shared drain field. Mr. Purcell suggested that they add the verbiage that a shared well and septic drain field, or a separate system of a developers choice has to be approved by the Health Department so it would be recorded with the plat. The Board agreed that they have to define affordable housing by the next public hearing, expressing concerns about the income level of citizens in the County. The Board decided that the immediate income level for affordable housing should be $52,000, with no more than 30% of the income being applied to home costs. Dr. Morgan said that he wants to ensure that when the Board is talking about affordable housing in A-2 zoning that they are talking about duplexes and asked that this definition be included for the public hearing. Dr. Morgan said that he would like to have Mr. Coffey obtain more information on cost analysis and forward the information to the Board prior to their voting at the next public hearing.    

Mr. Morgan replied that if the Health Department allowed a single septic system for a duplex unit, they would have specific ideas of what they wanted and would approve the system.

        On motion of Mr. Purcell, seconded by Dr. Morgan, which carried by a vote of 7-0, the Board agreed to schedule a public hearing to amend Section 86-73 of the zoning ordinance on March 23, 2005 at 7:00 p.m. at the Louisa County Middle School Forum.

CLOSED SESSION


On motion of Mr. Wright, seconded by Mr. Purcell, which carried by a vote of 7-0, the Board voted to enter Closed Session at 6:38 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 discussion of personnel matters under the Board of Supervisors.

2.        In accordance with §2.23711 (a) (1) of the
Code of Virginia, 1950 as amended, for discussion of personnel matters under the Commissioner of Revenue.

3.        In accordance with §2.23711 (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 with the Historic Green Springs.

REGULAR SESSION

On motion of Mr. Jennings, seconded by Mr. Gentry, which carried by a vote of 6-0, since Mr. Purcell was out of the Boardroom, the Board voted to return to Regular Session at 7:01 p.m.


RESOLUTION  CERTIFICATION OF CLOSED SESSION

On motion of Mr. Gentry, seconded by Dr. Morgan, which carried by a vote of 6-0, since Mr. Purcell was out of the Boardroom, the Board voted to adopt a resolution to certify that to the best of each members knowledge that 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 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 March 7, 2005.


PUBLIC HEARINGS


Annual Report Dominion Virginia Power North Anna State of the Station


Jerry Bischof, Nuclear Station Safety and Licensing Director, gave an overview of the report given to the Board members prior to the meeting on the State of the Station.  The topics included:

Operating Performance
Hydroelectric Operations
Industry Recognition
Regulatory Issues
Emergency Preparedness
Industrial Safety
Business Impact
Electricity Competition in Virginia
Keeping the Nuclear Option Open
Security
Low-Level Radioactive Waste
Yucca Mountain Designation for Commercial Used Nuclear Fuel
Independent Spent Fuel Storage Installation
Employee Involvement in the Community


Chairman Barnes opened the public hearing at 7:22 p.m.

During the public hearing, the following individuals spoke in opposition or in favor of nuclear power expressing their concerns and comments about the potential dangers that are associated with nuclear power to the community and to individuals, storage of spent fuel, the proposed two new units that Dominion has applied for, clean energy alternatives, Louisa County becoming a nuclear waste dump, the costs associated with nuclear power, the use of tax payers dollars, potential dangers to drinking water and Lake Anna, and North Annas contributions that they make to the community; Jerry Rosenthal, Patrick Henry District; Bill Murphey, Mineral District; Jim Adams, Mineral District; Kelly Taylor, Mineral District; Elena Day, Albemarle County Resident; Abhaya Thiele, Buckingham County Resident; Rebeca Faris, Keswick, Virginia Resident; Michael Stuart, Green Springs District; Delbert Horn, Goochland County Resident; Lisa Shell, Richmond, Virginia Resident; and Page Kemp, Louisa District.

Chairman Barnes closed the public hearing at 8:14 p.m. and brought it back to the Board for further discussion.

The Board commended North Anna for their rating with OSHA and for all of their efforts that they put into the community. The Board thanked the citizens for taking their time to come out and speak about this topic.

The Board took a five-minute recess.  

Taylors Creek Agricultural and Forestal District


Mr. Morgan summarized the request to be for the removal of two parcels from the Taylors Creek Agricultural and Forestal District for tax map parcels 92-(15)-8 and 92(5)-9 with the applicants being Ethan Call and Thomas Browning. Mr. Morgan informed the Board that approval of this request would remove these parcels from the Ag/Forestal District fourteen months early. Mr. Morgan said that under the Code of Virginia, Section 15.2-4314 the property owner might request for his parcel to be removed at any time during the term of the process for good and reasonable cause. Mr. Morgan said that when a request is made, the law requires the Board of Supervisors to forward the request to the Planning Commission and the Agricultural and Forestal District Advisory Committee and then hold a public hearing on the matter before the property could be removed from the district. Mr. Morgan said that Mr. Calls property does not receive the benefit of land use taxation due to its size. Mr. Morgan said that the Planning Commission held a public hearing on January 13, 2005 and voted to forward a recommendation of denial since they feared that this might set a precedent for such requests and the requests were not based on hardship. Mr. Morgan stated that previous owner of the Browning property had never disclosed that the parcel was located in an Ag/Forestal District, although the buyer did purchase the land with the intentions of developing it.

The Board questioned whether these two parcels fell under the hardship clause and whether or not either one of the applicants had submitted a plan for a subdivision.

Mr. Morgan replied that the state statute says that it is required to be a good and reasonable cause. Mr. Morgan said that a subdivision plan was submitted for the Browning parcel.

Chairman Barnes opened the public hearing at 8:40 p.m.

During the public hearing, the following individuals spoke in opposition or in favor of the removal requests expressing their concerns and comments about preserving rural character of the County in agricultural areas, the impact the subdivisions could have on their neighborhood and the water supply, the additional traffic that would be generated by the subdivisions, setting a precedent in the County for developers, and that one of the applicants was actually a Board member at the time the Ag/Forestal District was created, which voted in favor of supporting the District; Cynthia Dean, Jackson District; Wayne Dean, Jackson District; Tiffany Varney, Jackson District; Nick Levay, Jackson District; Barbara Babin, Jackson District; Tara Dean, Jackson District; Lynn Ramsey, Jackson District; Stanley Gonyo, Jackson District; Doug Wood, Jackson District; Cindy Kuster, Jackson District; Leslie Newman, Mountain Road District; Claire Newman, Mountain Road District.


Ethan Call, Mountain Road District, explained the history of this property to the Board saying that the previous owner was experiencing a hardship and was in the process of having the property removed from the Ag/Forestal District when she decided to sell. Mr. Call urged the Board to approve the removal of the property as the previous owner had requested.

Thomas Browning, Goochland County Resident, explained his situation to the Board regarding the property that he purchased from Mr. Wolfe. Mr. Browning stated that he was never told that the parcel was part of an Ag/Forestal District and urged the Board to approve its removal.

Chairman Barnes closed the public hearing at 9:10 p.m. and brought it back to the Board for further discussion.

The Board discussed this topic at great length with Dr. Morgan asking what the requirement would be if the Board were to approve this tonight due to the recent change with the subdivision ordinance. The Board questioned whether the information for Ag/Forestal Districts was tracked through the Commissioner of Revenues office and if the County is responsible to disclose this information. The Board asked how the credit is applied to parcels that receive land use taxation. The Board expressed concern about the vague definition of “good and reasonable cause” and setting a precedent for future requests in the County.

Mr. Morgan replied that if the Board did not approve the requests this evening, then the parcels would fall under the subdivision ordinance that would be in place in the fourteen months. Mr. Morgan said that the Commissioners office said that they do not note properties in the land books as being in an Ag/Forestal District, but they record if the parcel is receiving a credit for land use taxation.

        On motion of Mr. Jennings, seconded by Dr. Morgan, which carried by a vote of 6-1, with Mr. Purcell voting against, the Board denied the applicants request to remove their parcels for the Taylors Creek Agricultural and Forestal District.

REZ16-04 42 Acres from Agricultural (A-2) to Residential General (R-2) - William J. Blount, Applicant


Mr. Morgan summarized the request to be for the rezoning request of approximately 42 acres from Agricultural (A-2) to Residential General (R-2) for William Blount. This property is located on the east side of Elinor Road south of Cuckoos Nest Drive and Cuckoos Nest Subdivision and is identified as tax map parcel 62-1, which is part of the Cuckoo Magisterial and Voting District. Mr. Morgan said that the applicant intends on developing an approximate 40-lot subdivision. Mr. Morgan said that staff recommended approval of the request along with the Planning Commission that voted 7-0 to forward a recommendation for approval to the Board during their public hearing that was held on January 13, 2005.

Chairman Barnes opened the public hearing at 9:34 p.m. With no one wishing to address the Board, Chairman Barnes closed the public hearing at 9:35 p.m. and brought it back to the Board for further discussion.

On motion of Mr. Gentry, seconded by Mr. Jennings, which carried by a vote of 7-0, a resolution was adopted approving the rezoning request of approximately 42 acres from Agricultural (A-2) to Residential General (R-2) for tax map parcel 62-1, for William Blount, the applicant and William Estate, owner.


REZ17-04 14.757 Acres from Agricultural (A-2) to Light Commercial (C-1) Kathy Sayers, Applicant


Mr. Morgan summarized the request to be for the rezoning request of approximately 14.757 acres from Agricultural (A-2) to General Commercial (C-1). Mr. Morgan said that that applicant is Kathy Sayers and the owner is Kenny Haddock. This property is located on the south side of Route 208, approximately ¼ of a mile north of Route 652 (Kentucky Springs Road) and is identified as tax map parcel 29-40, lot 3, which is located in the Mineral Magisterial and Voting District. Mr. Morgan said that the applicant intends on opening a business for a Bed and Breakfast. Mr. Morgan said that staff recommended approval of this rezoning along with the Planning Commission that voted 7-0 to forward the recommendation of approval to the Board during their public hearing that was held on January 13, 2005.

Chairman Barnes opened the public hearing at 9:38 p.m. With no one wishing to address the Board, Chairman Barnes closed the public hearing at 9:39 p.m. and brought it back to the Board for further discussion.

On motion of Mr. Harper, seconded by Mr. Purcell, which carried by a vote of 7-0, a resolution was adopted approving the rezoning request of approximately 14.757 acres from Agricultural (A-2) to Light Commercial (C-1) for tax map parcel 29-40, lot 3 for Kathy Sayers.


COMMITTEE REPORTS


Mr. Harper informed the Board that the Regional Jail Board received their budget last week. Mr. Harper said that currently there is a study authorized by the General Assembly to look into the state claiming some of the federal monies that are collected.
Mr. Harper recommended that the Board consider setting funds aside in the upcoming budget to plan for the future.

Mr. Gentry informed the Board that the Volunteers of Louisa continue to be very active. Mr. Gentry reminded everyone that they are still looking for someone for the Volunteer Spirit Award. He said that anyone in the County can nominate a volunteer person. Mr. Gentry said that the application has to be turned in by March 31, 2005 because they are having their annual recognition reception on April 17, 2005.

Dr. Morgan said that he was going to take a look at the Hazardous Mitigation Plan to see how it is moving along.

Mr. Lintecum informed the Board that the Public Works Committee has a report that Pat McWilliams, Director of Public Works, would be making a report to them at the next meeting about a modification to the Louisa County Landfill License.

BOARD APPOINTMENTS


Mr. Wright pointed out that Natalie Dymaceks term expired on March 5, 2005 for the Jefferson Area Board on Aging Advisory Commission. Mr. Wright said that he would like to re-appoint her to this position if she would accept another term. Mr. Wright requested the administrative office to contact Ms. Dymacek to verify that she is willing to serve another term.

        On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board re-appointed Natalie Dymacek to the J.A.B.A. Advisory Commission.

COUNTY ADMINISTRATOR REPORT

Mr. Lintecum presented his report highlighting the following items:


Mr. Lintecum informed the Board that Bar Delk, Louisa County Water Authority Director, was going to talk with them about sewage.

Mr. Delk provided an update to the Board on the Regional Wastewater Treatment Plant. Mr. Delk identified the current users of the water system and expressed concerns about the future developments that have been proposed. Mr. Delk stated that DEQ has expressed concerns about the treatment plant. Mr. Delk said that the plant is operating at about 80% capacity and without further I&I reduction will be out of capacity during the summer of 2008 at the present growth rate. Mr. Delk urged the Board to start planning for the next expansion to this system.

The Board discussed this topic in great detail questioning if potential customers could absorb any of the expansions costs. The Board discussed the potential impacts they could experience with DEQ.  

Mr. Lintecum asked the Board to confirm if they would be able to meet on March 17, 2005 for the School Meeting.

Mr. Gentry questioned what was going to be done for the Mr. Rodriquez situation.

Mr. Lintecum said that he has met with Mr. Rodriquez several times. Mr. Lintecum said that this is not a good situation and that he understands his concerns. Mr. Lintecum said that the dilemma is that they dont have any information to go by because Mr. Rodriquez didnt have any names and none of the staff is still working with the County.

The Board said that they were concerned about this issue and wanted to look into it further.

CONSENT AGENDA


On motion of Mr. Harper, seconded by Dr. Morgan, which carried by a vote of 7-0, a resolution was adopted appointing Darren K. Coffey to the position of Zoning Administrator and Subdivision Agent for Louisa County in accordance with Section 66-5 and Section 86-7 of the Louisa County Code.


CORRESPONDENCE


Mr. Lintecum commented about the letter that said “no” to Albemarle County for their restriction of truck traffic on Route 231.

LEGAL CORRESPONDENCE


The Board did not discuss any legal correspondence at this time.

APPROVAL OF MINUTES

        On motion of Mr. Wright, seconded by Mr. Jennings, which carried by a vote of 7-0, the Board adopted the minutes of February 22, 2005 as presented.


RECESS

On motion of Mr. Wright, seconded by Mr. Purcell, which carried by a vote of 7-0, the Board voted to recess the March 7, 2005 regular meeting at 9:59 p.m. until Wednesday March 16, 2005 for the Budget Work Session that will be held in the E. O. C. at the Louisa County Office Building at 6:00 p.m.




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