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March 21, 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 21, 2005 regular meeting of the Louisa County Board of Supervisors to order at 5:00 p.m. Dr. Morgan led the invocation, followed by the Pledge of Allegiance to the flag.

APPROVAL OF BILLS

On motion of Mr. Wright, seconded by Mr. Jennings, which carried by a vote of 7-0, with Mr. Gentry abstaining from a check pertaining to him, a resolution was adopted to approve the bills for the first half of March 2005 for the County of Louisa in the amount of $116,101.35.

CONSTITUTIONAL OFFICERS

There were no Constitutional Officers wishing to address the Board.

CITIZENS INFORMATION PERIOD

There were no citizens wishing to address the Board.

ADOPTION OF THE AGENDA

        On motion of Mr. Wright, seconded by Mr. Purcell, which carried by a vote of 7-0, the March 21, 2005 agenda was adopted as presented.

OLD BUSINESS

Amendment to Landfill Permit Joyce Engineering

Becky Ward, Joyce Engineering, referred to the two handouts that were provided to the Board that reflected the layout of the Landfill. Ms. Ward explained that they are proposing to expand the expansion area of the Landfill that would allow them to piggyback onto the existing Landfill. Ms. Ward said that in order for them to expand this, it would require an amendment from the Department of Environmental Quality and a public hearing by the Board of Supervisors. Ms. Ward said that if the Board were to decide to piggyback, they would gain the additional capacity between the existing Landfill and the two new permitted areas. Ms. Ward recommended that the Board go forth with processing the necessary amendment.

The Board discussed this topic in great detail and questioned how much additional space there would be if they were to piggyback, if the area would have to be lined, if there were any other localities that have done this, how much impact this would have on the potential capacity of the new Landfill. The Board requested a cost estimate on the proposed changes.

In response to the questions that were asked by the Board, Ms. Ward replied that she didnt have the exact number of acreage, but the overall area for the current permitted expansion area is around 13 acres and the expansion area is around 10 acres; therefore this would almost double the size. Ms. Ward confirmed that they already have to line the expansion area and that they would have to line the proposed piggyback area and that there has been other localities that have done this. Ms. Ward stated that this would double the capacity of the new Landfill, which would expand its use to forty years. Ms. Ward said that she would provide a cost estimate.

Pat McWilliams, Director of Public Works, stated that they anticipate the cost difference to be around a 30% increase over just building the cells. Mr. McWilliams explained that the pricing would be so much lower because the construction phasing that would be done would allow the whole project to be built in an efficient manner. Mr. McWilliams pointed out to the Board that the property that was purchased a year ago to provide a buffer for the Landfill would also be wrapped into the permit amendment and become part of the Landfill boundaries, which is deeded as a buffer area. Mr. McWilliams explained to the Board that the permit amendment has to be filed soon since it takes four to five years before the amendment would be approved, which would coincide with the final closure of the existing cell.

        On motion of Mr. Gentry, seconded by Mr. Wright, which carried by a vote of 7-0, the Board agreed to support the recommended amendments to the Landfill by filing for the amendment with the Department of Environmental Quality and to hold a public hearing.

NEW BUSINESS

Resolution Declaring the Month of April as Spring Roadway Clean Up in Louisa County

On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, a resolution was adopted declaring April 2005 as Clean Up Louisa County month, where the Louisa County Board of Supervisors appreciates and commends the citizens, business, and churches of Louisa County for their volunteer work, unselfish devotion, and efforts to promote Louisas pride as a clean community.

PRESENTATION

Dental Fluoride for Children Program Lawrence Jackson

Lawrence Jackson, Louisa District, spoke to the Board about the importance of dental care in the County for all children. Mr. Jackson pointed out that at the present time, Louisa County only has three districts that have fluoride in the drinking water, which the remainder have well water. Mr. Jackson said that the elementary schools provide a fluoride slushy that is provided once a week. Mr. Jackson said that he has been in communication at the state level and found that it would require $15.00 to have the Health Department to check the water at the wells, which would allow a dentist to determine how much fluoride would be needed for treatment. Mr. Jackson said that in collaboration with several other individuals they have formed a committee for better dental care. Mr. Jackson stated that their mission is to improve the quality of life for the children and adults of Louisa County through a stronger dental care program. In closing, Mr. Jackson urged the Board to reinstate the fluoride process in Louisa County for the testing of fluoride.

The Board discussed this topic in detail with Mr. Gentry asking for further clarification of what Mr. Jackson wants the Board to do.

Mr. Jackson said that where he is from he would approach the Board of Free Holders that would listen to his plea as a citizen concerned for better health and would steer him in the direction of how to find monies to facilitate this program.

Mr. Purcell informed that Board that he would meet with Mr. Jackson to discuss this topic further to get a plan of action and then present the information.

Special Olympics Fundraiser (Buffalo Soldiers) Lawrence Jackson

Mr. Jackson, Buffalo Soldiers Representative, spoke with the Board about the history of the Buffalo Soldiers. Mr. Jackson said that the Buffalo Soldiers of Central Virginia decided to take up a worthy cause and selected the Special Olympics of Virginia along with the dental program. Mr. Jackson identified a list of organizations that have participated with the Special Olympics of Virginia in the past and said that they have already signed on for the future as well. Mr. Jackson informed everyone that on June 24, 2005 from 7:00 p.m. until 11:00 p.m. they would conduct a “fish fry” with varieties of music at Small Country Campground Pavilion. Mr. Jackson said that on June 25, 2005 they would hold a car, pickup, SUV, and motorcycle show at Small Country Campground. In closing, Mr. Jackson said that they are asking for the Boards support and identified what the Buffalo Soldiers had planned for the next three years that would be conducted in three phases. Mr. Jackson stated that the Buffalo Soldiers would be making contributions to both the dental program and the special need of the Olympic Athletes.

The Board discussed this in detail and commended Mr. Jackson on his coming forward with these requests. The Board suggested that this be tied into the 2007 Virginia Commemoration for tourism. The Board requested Mr. Purcell to get the numbers on the projected costs of this program.

COMMITTEE REPORTS

Chairman Barnes stated that he, Dr. Morgan, and Mr. Gentry had attended the Fluvanna/Louisa Zion Crossroads Growth meeting, which there were about seventy-five people in attendance. Chairman Barnes said that the Thomas Jefferson Planning District mediated the meeting, which he feels has positive steps that they would be moving forward with. Dr. Morgan commented further that the purpose of this meeting was to go over what could be done in the Zion Crossroads area. Dr. Morgan said that he believes that this is just an outgrowth of that collaborative effort and that both counties need to look at what is going on in this area. Dr. Morgan said that a committee is going to be created with both Fluvanna County and Louisa County citizens to look at this issue. Mr. Gentry said that during this meeting there were a lot of topics addressed that the Board has been discussing for quite some time and he feels that it was very productive.

Chairman Barnes stated that he, Dr. Morgan, Mr. Wright, and Mr. Gentry had attended the Zion Crossroads Fire Department annual dinner, which was very well done.

Mr. Wright informed everyone that Lin Kogle, Director of the Volunteers of Louisa, would be undergoing hip replacement surgery and asked for everyone to keep her in their prayers.

BOARD APPOINTMENTS

Mr. Harper said that he would like to appoint Albert Gutekenst to the Clean Community Commission as the Mineral District Representative.

        On motion of Mr. Purcell, seconded by Dr. Morgan, which carried by a vote of 7-0, the Board appointed Albert Gutekenst to the Clean Community Commission.

COUNTY ADMINISTRATOR REPORT

Mr. Lintecum presented his report highlighting the following items:

Mr. Lintecum informed the Board that several of them had inquired with him about the Watershed Improvement Districts, which some of them had thought that this was relatively new, but found that this legislation has been in existence since 1956. Mr. Lintecum said that there have been some individuals that have misconstrued what the purpose of the Watershed Improvement District is. Mr. Lintecum explained that he and Pat Morgan, County Attorney, reviewed the information and have drafted a memo that explains what a Watershed Improvement District could do, what it is limited to, and how it could be organized if there were any groups that seemed fit to do this.

The Board discussed this topic in detail and questioned if this would have any impact on them with the Chesapeake Bay Act, if at least 2/3 of the citizenry would have to vote to enact a Watershed Improvement District, and if there were anything that would prohibit their ability to tax. The Board pointed out that this would give that District an opportunity to tax as well as use eminent domain.

In response to the Board, Mr. Lintecum replied that he believes that the Chesapeake Bay Act falls under a different statute, but he would research it. Mr. Lintecum said that he believes that there is a legislative change that could be signed by the Governor that would make this a simple majority, but from what he understands they left in the requirement that owners of 2/3 of the land would have to be in agreement. Mr. Lintecum explained that the Watershed Improvement District is strictly for erosion and sediment control, which would create a special taxing district for that purpose only.

Mr. Lintecum informed the Board that connection fees were now being collected from the Spring Creek Residential Development. Mr. Lintecum said that the Board has to address what they want done with these fees.

The Board discussed this topic in great detail and determined that they would like to have further information to review what the connection fees would be, what the estimated revenue income would be for a period of five to ten years, if the funds would be used for the Zion Crossroads development, and if they were to put these fees into a capital fund.

CONSENT AGENDA

On motion of Mr. Wright, seconded by Mr. Purcell, which carried by a vote of 7-0, the Board agreed to adopt the Consent Agenda for the three scheduled public hearings that will be held on April 18, 2005.

CORRESPONDENCE

Mr. Gentry referenced the letter that was received from Mrs. Claudia Chisholm concerning the Boards participation with historical items of significance in the County. Mr. Gentry said that he is unable to think of anything that has been brought before the Board that they havent favorably moved forward with. Mr. Gentry said that he believes that a response should be sent to Mrs. Chisholm to reflect that the Board has historically supported historical items in the County. Mr. Wright pointed out that the letter states something about the statue at the Courthouse, where the Board did not approve the full expense. Mr. Wright said that the Board was not asked to approve the full expense, but to approve a maximum amount of $2,000 on the basis that it would not cost more than $10,000, which the Board agreed to pay 20% as requested. Chairman Barnes said that he would like to let Mrs. Chisholm know how much the Board has contributed over the years for Trevilian Station Battlefield Foundation.

Dr. Morgan questioned if the letter that was received from Mr. John Davies of the Commonwealth Transportation Board predated VDOTs decision. Dr. Morgan asked if there was any action required on the Boards behalf to address this.

Mr. Lintecum replied that this letter postdated VDOTs decision. Mr. Lintecum said that this did not require any action from the Board at this time because once it has been denied; the process has to start over again.

APPROVAL OF MINUTES

On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board adopted the minutes of February 23, 2005 as presented.

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

CLOSED SESSION

Chairman Barnes said that the Board has to discuss personnel matters under the Board of Supervisors during closed session.

On motion of Dr. Morgan, seconded by Mr. Wright, which carried by a vote of 7-0, the Board voted to enter Closed Session at 5:48 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.

REGULAR SESSION

On motion of Mr. Wright, seconded by Dr. Morgan, which carried by a vote of 7-0, the Board voted to return to Regular Session at 7:00 p.m.

RESOLUTION  CERTIFICATION OF CLOSED SESSION

On motion of Mr. Gentry, seconded by Mr. Jennings, 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 March 2005, pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and

WHEREAS, § 2.2-3712 of the Code of Virginia requires a certification by the Louisa County Board of Supervisors that such closed meeting was conducted in conformity with the Virginia Law.

NOW, THEREFORE BE IT RESOLVED on this the 21st day of March 2005, that the Louisa County Board of Supervisors does hereby certify that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting was heard, discussed or considered by the Louisa County Board of Supervisors.

PUBLIC HEARINGS

CUP5-96 Virginia Electric and Power Company

Mr. Morgan summarized the request for the Board as being for the renewal of Conditional Use Permit 5-96 for the operation of the North Anna Power Station spent nuclear fuel storage facility (Pad #1) and the construction of Pad #2 at the facility site. Mr. Morgan identified the applicant as being the Virginia Electric and Power Company. The property is located on the North Anna Power Station site at the northern end of State Route 700 (Haley Drive), approximately 1.0 mile north of the intersection of Route 652 (Kentucky Springs Road), which is located in the Cuckoo Magisterial and Voting District. Mr. Morgan said that this is a generation facility consisting of two nuclear reactors and two electrical generators and associated facilities and equipment. Mr. Morgan said that the request is consistent with the 2001 Comprehensive Plan. Mr. Morgan said that staff recommended approval of the request with twelve recommended conditions. Mr. Morgan said that the Planning Commission held a public hearing for this request on February 10, 2005 at which there were six people that spoke against the requested Conditional Use Permit and one person who spoke in favor of the request. Mr. Morgan said that the Planning Commission voted 7-0 to forward a recommendation of approval to the Board with an additional three conditions.

The Board discussed this topic in great detail questioning what the reasoning was behind the recommended five-year review rather than the seven that was originally stipulated, whether the berm issue was raised by the Planning Commission or if it were based on a regulation, and what the required height of the berm was. Mr. Wright pointed out that a representative of Virginia Power had objected to the berm due to safety issues.  

Mr. Gentry said that the Planning Commissions reason for recommending five years rather than the seven was because they were thinking in terms of turn over in Board of Supervisor members and Planning Commission members. Mr. Morgan replied that this was something that was strictly done by the Planning Commission. Mr. Morgan said that he did not recall a height being specified. Mr. Morgan stated that he had sent an email to the Board that he received from a representative of Virginia Power requesting that they issue just one Conditional Use Permit rather than having two.

Jerry Bischof, Nuclear Station Safety and Licensing Director, summarized the history of the Conditional Use Permit that was originally approved in 1996 and their intent for the newly requested Conditional Use Permit. Mr. Bischof said that the original application included a site plan for up to three site pads, therefore that does not need to be amended for the second storage pad. Mr. Bischof said that the NUHOMS system provides several benefits because the concrete modules use less space than the vertical metal storage containers and because the welded canister holding the used fuel can be transported from the North Anna site without any interim handling. The welded canister can be removed from the concrete module into a container approved for the offsite transport. Mr. Bischof stated that security at the station and the dry storage facility remains strong and effective in protecting the facility and ensuring the safety of their employees and the surrounding community. Mr. Bischof stated that the NRC has a comprehensive regulatory system for the safety of dry storage facilities and an equally comprehensive system for the security of dry storage facilities. Mr. Bischof addressed the three additional conditions that the Planning Commission recommended and pointed out that these stipulations were not necessary due to other requirements that are already in place.

Chairman Barnes opened the public hearing at 7:19 p.m.

Faye Rosenthal, Patrick Henry District, urged the Board to leave the recommended conditions in, especially for them to review this in five years rather than seven due to rapid changes.

Bill Murphey, Mineral District, informed the Board that he is in favor of them granting permission to Dominion Power to continue to store spent fuel and for construction of the second pad, but he did not see the need for some of the conditions.

Marione Cobb, Louisa District, informed the Board that she is opposed to the request and said that Dominion Power needs to follow through with their promises for public safety.

Seamus Allman, Louisa District, informed the Board that he is opposed to the request due to issues that are ongoing with Yucca Mountain that could cause the spent fuel to be stored permanently at North Anna and for health and safety reasons.

Paxxus Calta, Louisa District, informed the Board that he is opposed to the request and urged the Board to leave the recommended conditions should they approve the request.

Joy Lloyd, Louisa District, stated that Dominion Virginia Power has been a good neighbor to Louisa County. Ms. Lloyd said that they have a great safety record and urged the Board to approve the request.

Jim Adams expressed concern about the dangers of Louisa County becoming a permanent repository for 930 metric tons of nuclear waste. Mr. Adams urged the Board to approve the CUP with the five-year review condition.

Jerry Rosenthal, Patrick Henry District, said that he agrees that it would make sense for them to consolidate the CUP to one. Mr. Rosenthal urged the Board to approve the CUP with the five-year review condition and suggested that they add another condition that would require Dominion Power to report back to them about the berm.

Delbert Horn, Goochland Resident, informed the Board that he is in favor of the request and suggested that they consider reprocessing nuclear fuel, which would alleviate storing, spent fuel.

Michael Stuart, Beaverdam Resident, informed the Board that he is in favor of the request and commented about exaggerated claims on nuclear power.

Rebecca Faris, Keswick Resident, expressed the importance of the Board completely understanding what they are dealing with. Ms. Faris expressed her concerns about the dangers of nuclear power.

Abhaya Thiel, Charlottesville Resident, urged the Board to approve the recommendations that were made by the Planning Commission. Ms. Thiel questioned if the Board had the authority to review the security at the spent fuel facility if there were a terrorist attack.

Elena Day, Albemarle County Resident, urged the Board to approve the recommendations that were made by the Planning Commission. Ms. Day asked the Board to consider what they are working with.  

Chairman Barnes closed the public hearing at 8:00 p.m. and brought it back to the Board for further discussion.

The Board discussed this topic in great detail providing the history of the original request saying that the Mox Fuel issue has already been addressed by condition number two and pointed out that there hasnt been a storage system approved by the NRC that would allow them to store Mox Fuel. Chairman Barnes stated that the Board had two actions to make this evening to consolidate the application to have only one CUP and then to approve the CUP.

        On motion of Mr. Gentry, seconded by Mr. Wright, which carried by a vote of 7-0, the Board agreed to consolidate the application to have only one Conditional Use Permit.

The Board discussed this topic further with Mr. Gentry pointing out that he had attended the Planning Commission meeting when these items were discussed and that he had talked with representatives from Dominion Power regarding the conditions, which he was told that they did not have any problems with the Mox Fuel issue or for the study of the berm, but they preferred to have a seven year renewal process rather than the five years that were recommended. Mr. Wright suggested a time frame of twelve months be added for report of the study on the berm. Mr. Gentry said that he would like to make the motion to approve the Conditional Use Permit as recommended by the Planning Commission with adding the twelve-month time frame for the berm study and to have the renewal of the CUP at seven years rather than the five that was recommended.

Dr. Morgan seconded the motion. Dr. Morgan suggested that they add a sentence that states that Dominion Power would comply with all applicable state or federal requirements and notify Louisa County in writing within thirty days of receipt of the official notification of such changes. Dr. Morgan said that he would like to have a letter sent to the NRC addressing the berm and any other potential security improvements that could be made to get a direct reply from them.

The Board briefly discussed this suggested change with Mr. Purcell stating that Dominion has been a good corporate citizen, which he feels that they will continue to be one and meet the requirements. Mr. Gentry asked Mr. Morgan if Dr. Morgans comment were within reason to add.

Mr. Morgan replied that if this were not listed in the CUP, then it would not be a requirement for them to follow.

Mr. Gentry agreed to amend his motion to include the verbiage that the North Anna Power Station would have to follow any new state or federal laws and notify the County in writing within thirty days of receipt of the official notification of such changes.

Dr. Morgan amended his second to include this verbiage.

On motion of Mr. Gentry, seconded by Dr. Morgan, which carried by a vote of 7-0, a resolution was adopted to approve the requested issuance of a Conditional Use Permit for the operation of the North Anna Power Station Spent Nuclear Fuel Storage Facility (Pad 1) and construction of Pad #2 at this facility with eighteen conditions.

Chairman Barnes said that he would like to have a copy of the post 9/11 recommendations that was referred to during this meeting.

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 21, 2005 regular meeting at 8:17 p.m. until Wednesday March 23, 2005 for the public hearing to amend Section 86-73 that will be held at 7:00 p.m. at the Louisa County Middle School Forum.


BY ORDER OF


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