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May 2, 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 May 2, 2005 regular meeting of the Louisa County Board of Supervisors to order at 5:00 p.m. Chairman Barnes led the invocation, followed by the Pledge of Allegiance to the flag.

APPROVAL OF BILLS

Mr. Wright questioned if two of the items that were listed on page 8 under the Office of Emergency Services for domestic preparedness equipment in the amount of $33,205 and $15,785 were being paid for by a grant or from the County.

Ernie McLeod, Deputy County Administrator, replied that he believes these two items were purchased through a grant, but he would research it to confirm.

On motion of Mr. Wright, seconded by Mr. Jennings, which carried by a vote of 7-0, a resolution was adopted to approve the bills for the second half of April 2005 for the County of Louisa in the amount of $543,763.96.

CONSTITUTIONAL OFFICERS

Sheriff Fortune provided an update to the Board on the activities that took place in the Sheriffs Department during the month of April. 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

There were no citizens that wished to address the Board.

ADOPTION OF THE AGENDA

Lee Lintecum, County Administrator, said that he would like to add consultation with legal counsel regarding activity that includes the Landfill and the lawsuit in the Green Springs area to closed session.

Chairman Barnes said that he would like to add personnel in reference to the Landfill under closed session.

Dr. Morgan said that he would like to add maintenance of the Courthouse monument as a topic for discussion.

Chairman Barnes said that he would like to add the Community Development Department as a topic for discussion.

        On motion of Mr. Wright, seconded by Dr. Morgan, which carried by a vote of 7-0, the May 2, 2005 agenda was adopted as amended.

PRESENTATION

Monthly VDOT Update Milton Thacker

Milton Thacker, VDOT Resident Engineer, summarized VDOTs current maintenance activities to the Board saying that the overlay of westbound I-64 is slated to begin on May 4, 2005. Mr. Thacker identified VDOTs current construction activities and said that the plant mix operations are being completed on Route 628 (Bibb Store Road), then they would move to Route 601 (Greens Corner Road). Mr. Thacker informed the Board that their request for Industrial Access funding for the Louisa Library Foundation property has been submitted to VDOTs Local Assistance Division. Mr. Thacker identified VDOTs general activities as speed reductions for Route 15 to 45MPH in Louisa County from .43 miles north of Route 250 to .74 miles south of Route 617, Route 639 (Doctors Road and Mallorys Ford Road) to 50MPH from Route 33 to the Orange County line, and Route 767 (School Bus Road) to 45MPH from Route 22 to Route 33, which they are also going to add a pavement message noting the stop sign ahead at the intersection of Route 33. Mr. Thacker said that the request for a “No U Turn” sign at the intersection of Routes 250/15 was not recommended at this time due to the ample width of the intersection, but they are going to continue to monitor this area for future needs.

The Board thanked Mr. Thacker for his presentation. Mr. Wright said that since VDOT put the new pavement down on Bibb Store Road it raised the pavement up about four inches, which causes a drop off by the entrance that leads into the Woodward Funeral Home. Mr. Wright questioned if there was any way that VDOT could taper this section. Dr. Morgan said that they had learned that they were not able use funds from the Rural Rustic Program to pave Rural Addition Roads and questioned if there were any changes within VDOT that would permit these roads to be considered for the Rural Rustic Program.

Mr. Thacker explained that there is a second crew that goes behind the main crew that takes care of the tapering. Mr. Thacker said that he would look into this and get back with him. Mr. Thacker said that if the Board were to recommend a road, the VDOT would look at it to see if it would qualify.

Dr. Morgan said that they had been told previously that those roads were not eligible for the Rural Rustic Program and had to be brought in under the standard paving criteria and asked Mr. Thacker to look into this issue. Dr. Morgan suggested that they request VDOT to add this in the future for them to send to our legislators. Dr. Morgan said that there is a sign on the entrance ramp to I-64 at Zion Crossroads that says, “Emergency parking only”, but he has noticed several tractor-trailers parking there, which causes delays on the acceleration lane. Dr. Morgan asked if this were an issue that needed to be addressed through the State Police or the Sheriffs Department. Mr. Purcell asked Mr. Thacker to provide an update to them on the speed limit changes through the Town of Louisa that is 35MPH in some spots and 25MPH throughout. Chairman Barnes emphasized the importance of having the “No U Turn” sign at the Route 250/15 intersection due to the businesses that are moving into that area since there isnt any access from the lane heading southbound.  

Mr. Thacker said that he could work through the Sheriffs Department or with the State Police. Mr. Thacker said that the Chief of Police had requested the speed reductions on behalf of the Town of Louisa, which VDOT reviewed and posted the new signs. Mr. Thacker informed the Board that they are analyzing the traffic signals through the Town of Louisa and are considering making some adjustments to those. Mr. Thacker said that he would pass the information on to their Traffic Engineering staff because he is not sure if they were aware of the banks construction, which could have an impact on their decision.

OLD BUSINESS

Introduction of the Operational Needs Assessment Contract of Robinson, Farmer, Cox Associates

Robert Huff, Robinson, Farmer, Cox Associates Managing Director, stated that he was here this evening to get feedback from the Board to see if there is an established protocol on how they would like to have the end product being brought forward.

The Board discussed this topic in great detail and determined that the existing committee should work together with Robinson, Farmer, Cox Associates to establish the protocol. Chairman Barnes said that he would like to add Sherry Vena, Human Resources Officer, to the committee since she would be working with this. Mr. Wright suggested that the other Board members email any input they may have to the members of the committee.

        On motion of Mr. Wright, seconded by Dr. Morgan, which carried by a vote of 7-0, the Board agreed to let the existing committee that consists of Mr. Gentry and Mr. Harper to work together with Robinson, Farmer, Cox Associates on the Operational Needs Assessment and to add Mrs. Vena to the committee.

Mr. Lintecum said that Mr. Huff has a report for the Board regarding the retirement proposal for the Volunteer Fire and Rescue.

Mr. Huff said that it is his strong opinion at this time that the adoption or acceptance of that specific proposal would be premature and he would not endorse it for the following reasons; there is a significant amount of unfunded liability cost associated with this proposal, which he feels should fall under a competitive procurement aspect; the state currently has legislation on this program that should be investigated; the Board needs to fully understand the monitoring and the qualifications aspect of the proposal; and given the size of the cost associated with this it should be put through the normal budget channels.

The Board briefly discussed this topic with Dr. Morgan pointing out that they have not committed to this in terms of the actual details of the proposal, but they have somewhat committed themselves to the idea of generating this type of benefit to the volunteers. Dr. Morgan asked Mr. Huff what else they should take into consideration other than putting the proposal out for an RFP. Dr. Morgan asked Mr. Huff to put his recommendations in writing to submit to the Board. Mr. Wright said that in reference to Mr. Huffs comments about the state proposal, he understood that the volunteers are the ones that pay all of the expenses under this plan.

Mr. Huff replied that there are specifics as to some of the qualifying criteria under the vesting and having the monitoring put in place with this would be the infrastructure that you would need to have a better understanding of prior to them making any votes to support. Mr. Huff said that he has not had the opportunity to review the states program.

Mr. McLeod said that the states program is comparable to a 401K Plan that is a defined contribution plan, where the members would have to contribute money and the County would match that amount. Mr. McLeod said that they are trying to get the state to put in funding to provide another match. Mr. McLeod said that the funds are invested through VRS, which they do not charge any fees for this program.

Dr. Morgan suggested that the Board read the state proposal once it has been made available and then meet with everyone to go over the details to bring something back to the Board.

NEW BUSINESS

Resolution Proclaiming May 5, 2005 as National Day of Prayer in Louisa County

Mr. Purcell stated for the record that he would support this resolution because he believes that the majority of the citizenry in his district would want him to.

On motion of Mr. Gentry, seconded by Mr. Wright, which carried by a vote of 7-0, a resolution was adopted recognizing Thursday, May 5, 2005 as National Day of Prayer in Louisa County.

Resolution To Add Cimarron Court into the Secondary System of Highways in Louisa County, Virginia

On motion of Mr. Harper, seconded by Dr. Morgan, which carried by a vote of 7-0, a resolution was adopted to add Cimarron Court (New Route 1155) into the Secondary System of Highways in Louisa County, Virginia.

Discussion Section 14-40 Dogs Not to be Off Owners Premises During April, May, and June Except When Under Control; Enforcement

Chairman Barnes said that he had added this item to the agenda since he has been receiving phone calls pertaining to the leash laws and he wants to ensure that the citizens are aware of the leash laws that exist during April, May, and June. Mr. Wright said that the problem with this law is ensuring that it is enforced and emphasized the importance of the leash law.  

Discussion Water Supply Sources

Chairman Barnes said that he and Mr. Lintecum had met with the Chairmen from Albemarle County, Fluvanna County, the Mayor of the City of Charlottesville, and the Rivanna Water Authority on Thursday, April 28, 2005, where they discussed future water needs and how their partnership could work between the localities. Chairman Barnes said that they discussed various options and costs associated with it. Chairman Barnes said that he believes that it would be beneficial to have Skip Nolte of Dewberry and Davis give a presentation on available water sources to find more of a permanent source. Dr. Morgan agreed that they have to look at all of the available resources that they have in terms of water and questioned if they would receive costs estimates along with the proposal.

        On motion of Mr. Gentry, seconded by Dr. Morgan, which carried by a vote of 7-0, the Board authorized Mr. Lintecum to speak with Mr. Nolte of Dewberry and Davis to arrange a presentation to the Board on alternative water sources and the costs associated with them.  

Discussion - Courthouse Monument

Dr. Morgan reminded the Board that during their December 20, 2004 meeting they had discussed the monument in front of the Courthouse as part of a grant proposal. Dr. Morgan said that the monument has been determined to belong to the County and due to the Centennial celebration that is planned for August 2005 he would like to have the Building and Grounds Committee take a look at the cost estimates that have been received for restoration and repair of the monument and bring their recommendation back to the Board.

The Board discussed this topic in detail with Mr. Gentry questioning if there was any documentation saying that the County owned it. Mr. Purcell questioned where the authority of the Judge stopped in relation to the Courthouse grounds.  

Pat McWilliams, Director of Public Works, stated that the Judge is able to specify the time and place that court is to be held.

The Board decided to have the Building and Grounds Committee investigate ownership of the statue, review the cost estimates, and include the Judge in this process.

Community Development

Mr. Jennings said that it was brought to his attention that several individuals have expressed concerns about the Community Development Department, primarily with the plan review and the permitting process.

Chairman Barnes explained that Darren Coffey, Director of Community Development, had just started with the County and is working to improve the efficiency in this department. Chairman Barnes said that they have requested additional positions for that department, but they are waiting on the staffing audit to get a handle on these positions. Chairman Barnes directed Mr. Lintecum to work with Mr. Coffey regarding the timeline of how long an application process takes and determine the reasoning for their delays.

COMMITTEE REPORTS

Dr. Morgan said that he wanted to report to the Board about the radio policy that pertains to the Communications Committee. Dr. Morgan said that EMSAL briefly discussed the policy and would make a final decision at their May 2005 meeting. Dr. Morgan said that the Fire Association would review this in May. Dr. Morgan said that they anticipate having a Communications Committee meeting in June and bring the information to the Board at their second meeting in June in hope of having this policy established by the beginning of July.

Mr. Wright said that Mr. McWilliams had made Mr. Jennings and him aware of a problem in the General District Court pertaining to the security equipment. Mr. Wright said that Virginia Power was going to donate two machines to the County that are about fifteen years old, which they were going to try to take both of the machines and consolidate them to have one working machine. Mr. Wright said that it would cost around $6,000 for them to make the renovations to these machines, which a new one costs a little over $25,000. Mr. Wright said that Mr. McWilliams had created a proposal where they could rent an x-ray machine for one month that would carry them through until the new budget is adopted and whether the Board would consider this because there are not funds that have been allocated. Mr. Wright said that the Court has requested this, which puts them on a mandate. Mr. Jennings pointed out that they currently have one in the Circuit Court and have the need for one in the General District Court. Mr. Wright questioned if they would be able to sell the machine that is currently in place to use those proceeds towards that cost of the new machine.

Mr. McWilliams said that they are currently trying to find a buyer for the equipment that they currently have, but he doesnt expect to receive anything more than a couple of thousand dollars. Mr. McWilliams said that Virginia Power has turned over the two units to them, which they appreciate their generosity, but they have to keep in mind that the most damaging thing to this equipment is for it not to be used and these units have been sitting for at least a year unused.

The Board discussed this topic in great detail with Chairman Barnes questioning if the Sheriffs Department would have to have an additional staff member to monitor the system at the Courthouse. Mr. Harper said that he does not see a need for this equipment at this time and would not support it. The Board discussed the units that are available and compared the x-ray unit to having a wand unit. Dr. Morgan questioned when the next funds would be made available through the Homeland Security Grant and if they would be able to use these funds towards this type of unit.

Sheriff Fortune confirmed that once they add this machine at the Courthouse, then they would have to have an additional staff member to support it. Mr. McWilliams said that they have looked into Homeland Security funding, which they found that court security would not be one of the things that they fund in the upcoming budget year.

The Board agreed to have Mr. Wright and Mr. Jennings review the information pertaining to the security system for the General District Court with Judge Whitlock and the Sheriffs Department and verify the costs associated with this to report back to the Board.

Dr. Morgan informed the Board that EMSAL would be holding a get together on May 14, 2005 from 10:00 a.m. until 2:00 p.m. in the parking lot by Dominos Pizza, which they are all invited to.

Mr. Wright informed the Board that Mr. Lintecum, Mr. McLeod, and he had met regarding the health insurance.  Mr. Wright said that they have to set up an open enrollment period, which has to start soon. Mr. Wright said that he understood that the school system was going to handle their insurance differently than how the County was going to and asked Mr. McLeod to explain the options to the Board.

Mr. McLeod provided handouts to the Board that reflected the current premium rate, a second option that increased the employee only contribution by $20.00 for the Key Care 500, and a third option that increases all Key Care 500 plan options by $20.00 each. Mr. McLeod pointed out that the school system is selecting the third option for their employees. Mr. McLeod said that he calculated option two in the proposed budget.

The Board discussed this topic in great detail and emphasized the importance of all County employees, including the school system, having the same health plan. Mr. Gentry said that he believes that the options should be the same for the schools and the County; therefore, he would not support this.  

        On motion of Mr. Wright, seconded by Dr. Morgan, which carried by a vote of 5-2, with Messrs Gentry and Purcell voting against, the Board agreed to follow the second option for the health care coverage for the County employees and to advise the schools of the option they have selected.  

BOARD APPOINTMENTS

Mr. Gentry said that he would like to reappoint Parker Northup to the Transportation Safety Commission.

        On motion of Mr. Gentry, seconded by Mr. Wright, which carried by a vote of 7-0, the Board reappointed Parker Northup to the Transportation Safety Commission.

Dr. Morgan said that he has received a lot of positive feedback about having the openings for committees and commissions listed in the County Messenger. Dr. Morgan said that he would like to have more a definitive description of what each committee and commission are to better inform the public. Chairman Barnes said that he would like to ensure that recyclable paper is used for the County Messenger.

COUNTY ADMINISTRATOR REPORT

Mr. Lintecum presented his report highlighting the following items:

Mr. Lintecum informed the Board that he has included a list of upcoming events for the month of May, which does not include the picnic for EMSAL that was mentioned by Dr. Morgan or the Industrial Development Authority that would be held on May 19, 2005 from 5:00 p.m. until 8:00 p.m. at the Airpark.

Mr. Lintecum informed the Board that Nancy Hughes and her students on school bus 51 have cleaned Kennon Road again and gathered sixteen bags of trash, a speaker, and a tire. Mr. Lintecum said that the VFW of Mineral treats the kids to lunch when they participate in the clean up. Mr. Lintecum said that the school allows Ms. Hughes to use the bus to pick up the kids and their next scheduled clean up will be in July.  

CONSENT AGENDA

On motion of Mr. Wright, seconded by Mr. Jennings, 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 June 6, 2005.

CORRESPONDENCE

Mr. Lintecum informed the Board that he has included a letter that was received from Floyd Aylor, Central Virginia Regional Jail Superintendent, pertaining to the costs for the jail. Mr. Lintecum reminded the Board that Mr. Harper has advised them several times that they would eventually have to contribute funds for the jail.  

LEGAL CORRESPONDENCE

Pat Morgan, County Attorney, did not have any legal correspondence to address with the Board.

CLOSED SESSION

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 6:10 p.m. for the purpose of discussing the following:

1.        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 possible litigation in the vicinity of the Landfill.

2.        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 Green Springs area.

3.        In accordance with §2.23711 (a) (1) of the
Code of Virginia, 1950 as amended, for the purpose of discussion personnel matters in reference to the Landfill.

REGULAR SESSION

On motion of Mr. Jennings, seconded by Mr. Wright, 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 2nd day of May 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 2nd day of May 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

CUP01-05 Bruce and Katherine Stiles

Mr. Coffey summarized the request for the Conditional Use Permit (CUP) as being for the establishment and operation of a private park and recreational use as a matter of right pursuant to Section 86-64 and a music or entertainment festival with proffered conditions pursuant to Section 86-64 (15). The owners are Bruce and Katherine Stiles. Mr. Coffey said that the property is located on the east and west sides of Route 646 (Yanceyville Road), approximately .6 miles south of Route 604 (Roundabout Road), which is in the Louisa Magisterial District and the Mineral Voting District. Mr. Coffey said that the total acreage of the parcels is 144.171 acres that is zoned Agricultural (A-1) and is designated as Agricultural in the 2001 Comprehensive Plan. Mr. Coffey identified the issues and concerns that were addressed in the staffs report. Mr. Coffey identified the concerns that staff had with three of the proffered conditions that required a site plan review prior to any activity permitted by the issuance of the CUP as well as prior to the issuance of any building permit, the completion of the entrance permit and improvements that are required by VDOT prior to any activity permitted by the issuance of the CUP, and that construction plans must be submitted prior to the issuance of the building permit. Mr. Coffey said that the Planning Commission held a public hearing on March 10, 2005 at which there were six people who spoke in opposition to the request. Mrs. Stiles expressed concerns that she had requested and anticipated a deferral by the Planning Commission. Mr. Coffey said that after a significant discussion by the Planning Commission, they voted 6-0 to forward the recommendation of denial to the Board of Supervisors based on the driveway layout for emergency vehicles and inadequate parking to handle the number of vehicles that would be involved with having 400 visitors/guests to the site. Mr. Coffey said that since the public hearing, he met with the applicants where they submitted amended proffers addressing the concerns expressed earlier. Mr. Coffey identified the twelve proffers that the Stiles submitted as Exhibit B.

William Shewmake, Attorney at Law / applicants representative, explained that they have been working with Mr. Coffey and Mr. Morgan regarding this request, which he found that the County was taking the position of placing their CUP on hold until after the litigation with the Circuit Court that related to the Board of Zoning Appeals (BZA) interpretation. Mr. Shewmake emphasized that the applicants have always wanted to work with the County to discuss the proposal and make this a better case and address their concerns. Mr. Shewmake said that when Mr. Coffey came to the site he expressed concerns about the road issue wanting to move it away from his neighbor Ms. McGehee, having a VDOT entrance, the noise level, and expansion of the parking area. Mr. Shewmake said that the Stiles are very civic minded and participate in many organizations, which they often allow these groups to use their facility for events. He said that they have located the activities on their parcel to the heart of the property to avoid having any impact with the noise level. Mr. Shewmake said that they planned on constructing a separate entrance to prevent having an impact with the traffic for Ms. McGehee. Mr. Shewmake said that the BZA felt that this would be a great asset to the community, but they felt that it needed to go through the CUP process. In summary, Mr. Shewmake said the he feels that the impact on the community is negligible, it preserves the bucolic nature of the area, and would have a less intense impact than some uses that are a matter of right in Agricultural areas. Mr. Shewmake gave the Board a letter of support from one of the neighbors of the Stiles that was unable to attend the meeting this evening.          

Chairman Barnes opened the public hearing at 7:30 p.m.

Barbara Duff, Mineral District, informed the Board that she was here this evening on behalf of her mother Frances McGehee who lives next door to the Stiles. Ms. Duff said that she is against the proposed request due to the noise, the peace and tranquility of the area, the impact that it would have on their property value, and the closure of the existing entrance to prevent people from using it.

Catherine Hiter, Mineral District, informed the Board that she is opposed to this request due to the impact that it would have on traffic in the area and the noise level.

Bruce Martin, Mineral District, informed the Board the he is speaking for himself and Juanita Rigsby and said that they are both opposed to the proposed request due to the impact that it would have on the peace and tranquility in an Agricultural area and the safety and welfare of the community. Mr. Martin urged the Board to reject this application.

Cosby Woolfolk, Mineral District, informed the Board that he is opposed to this request and urged the Board to follow the recommendation of the Planning Commission and deny the request. Mr. Woolfolk said that he does not feel that this type of business would be appropriate in an Agricultural area.

Marian Windel, Mineral District, Sofia House Executive Director, informed the Board that she is opposed to the request due to the impact that it would have with the traffic on the roads and the potential of individuals drinking and driving.

Thomas Whitlock, Patrick Henry District, informed the Board that he is in favor of the request. Mr. Whitlock said that the Stiles have provided a place in Louisa County for individuals to stay and spend their money within the County.

Gypsy Richardson, Mineral District, informed the Board that she is in favor of this request. Ms. Richardson said that the Stiles have held tasteful events without a lot of noise and she feels that this would be an asset to the community.

Mary Thodos, Louisa District, informed the Board that she is in favor of this request. Mrs. Thodos said that she does not envision them having problems with the additional traffic since most individuals leave periodically and not all at once.

George Nolting, Green Springs District, informed the Board that he was in favor of this request and doesnt feel that this would have any impact on the community. In closing, Mr. Nolting urged the Board to approve this request.

Sheri Southall, Mineral District, informed the Board that she is in favor of this request and said that the Stiles have taken many steps to ensure the safety and welfare of the community. Mrs. Southall urged the Board to approve this request.  

Gerald Harlow, Green Springs District, informed the Board that he is in favor of this request and feels that the Stiles have bent over backwards trying to do what has been requested of them. Mr. Harlow urged the Board to approve the request since the CUP could be revoked if the conditions are not met.

Danny Harris, Mineral District, informed the Board that he is opposed to this request due to the traffic that it would generate on the roads and for the safety of the community.

Beth Ann Boone, Patrick Henry District, said that she met the Stiles about three years ago and has watched the chain of events that have occurred since their first request. Ms. Boone said that this business would be similar to Small Country Campground and urged the Board to approve this request.

Marvin Wharton, Louisa District, informed the Board that he is in favor of the request and feels that it would have a positive economic impact on the County. Mr. Wharton urged the Board to approve this request.

Reginald Bunsen, Mineral District, said that he has attended several events that the Stiles have held and has never witnessed anything out of line during these events. Mr. Bunsen said that the Stiles are some of the best people that you could possibly meet.

Roy Hopkins, Patrick Henry District,
informed the Board that he is opposed to the request due to the impact that it would have on the traffic, noise, and the safety and welfare of the citizens. Mr. Hopkins urged the Board to deny this request.

Yvette Williamson, Cuckoo District, informed the Board that she is in favor of this request and feels that the County is in need of a place of this nature. Ms. Williamson urged the Board to approve this request.

Rob Woolfolk, Cuckoo District, informed the Board that he is opposed to this request due to the additional traffic that would be generated and the hours of operation. Mr. Woolfolk said that he thinks that this is a great proposal, but feels that it is a bad location.

Ruel Hardy, Chesterfield County resident, said that the Stiles have invited their church to hold functions there whenever they wanted to, which some of the younger groups have taken advantage of along with their local Boy Scout Troop. Mr. Hardy urged the Board to approve this request.

Larry Cain, Richmond, Virginia resident, said that he has been with the Boy Scouts of America for over ten years and it is his charge to ensure that the boys have safe recreational areas to do their merit badge receiving, which they are able to do when they go to the Stiles property. Mr. Cain said that he would hate to see them not be able to bring the boys to their property. Mr. Cain urged the Board to approve this request.

Grayson Johnson, Attorney at Law, said that he was here this evening representing Ms. Emma McGehee. Mr. Johnson pointed out that this application has been considered several times and has been denied so far. Mr. Johnson said that he would like to see the Board modify the proffer for creating the new entrance and have it state that the old driveway would have to be closed.

Chairman Barnes closed the public hearing at 8:34 p.m. and gave the applicant a moment to respond to what has been said this evening before he brings it back to the Board for further discussion.

Mr. Shewmake explained that they had sent a letter outlining their intended changes to address Ms. McGehees concerns. Mr. Shewmake pointed out that parks and recreational activities are one of the uses identified in the code for Agricultural zoning. Mr. Shewmake identified the benefits to the community that this business would bring. In closing, Mr. Shewmake urged the Board to approve the request.

The Board thanked the citizens for taking their time to speak this evening and for how well they conducted themselves. The Board discussed this request extensively with each member voicing their comments. Mr. Purcell said that property rights are a big deal to him and would weigh heavily on his decision. Mr. Wright said that he hasnt seen a great deal of changes from the original request and only saw two or three individuals that live within a few miles of this property supporting the request. Mr. Wright said that the proposal is a good type of operation, but is in the wrong location. Mr. Wright pointed out that there are two sets of property rights. Mr. Gentry said that he would have liked to see more of the Stiles neighbors supporting the request. Dr. Morgan said that he is a strong proponent of preservation of Agricultural lands. Dr. Morgan said that he feels that there are five issues that are a problem that is the traffic, noise, the access road, the number of events, and the geometry of the parcels. Dr. Morgan said that the Stiles really are civic minded and benevolent people and he hopes that they continue to enjoy their property. Mr. Jennings said that he agrees that the Stiles are good people, but he feels that there could be some safety concerns with this business due to the location. Chairman Barnes explained that an applicant could apply to the Board with their request a year after it has been denied. Chairman Barnes said that he was hoping that the hours of operation would have been reduced to limit it to weekend functions because he does not agree with a seven day a week operation. Chairman Barnes stated that the Stiles property is absolutely gorgeous, but he does not think that this is an appropriate location. Mr. Harper commended the Stiles on the work they have done on their property and for allowing the use of their property for civic organizations. Mr. Harper said that he doesnt believe that the proposal that has been presented is suited; therefore, he would motion for denial.

        On motion of Mr. Harper, seconded by Mr. Jennings, which carried by a vote of 6-1, with Mr. Purcell voting against, the Board denied the applicants request for a Conditional Use Permit for the establishment and operation of a private park and recreation use as a matter of right pursuant to Section 86-64 and a music or entertainment festival with proffered conditions pursuant to Section 86-64 (15).            

APPROVAL OF MINUTES

        On motion of Mr. Wright, seconded by Mr. Purcell, which carried by a vote of 6-0, as Mr. Gentry had stepped out of the meeting room, the Board adopted the minutes of April 18, 2005 as presented.

ADJOURNMENT

On motion of Mr. Purcell, seconded by Dr. Morgan, which carried by a vote of 6-0, as Mr. Gentry had stepped out of the meeting room, the Board voted to adjourn the May 2, 2005 regular meeting at 9:02 p.m.


BY ORDER OF

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