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MAY 7, 2007
5:00 P.M.



Board Present: Fitzgerald A. Barnes, Willie L. Gentry, Jr., Willie L. Harper, *Richard A. Havasy, Allen B. Jennings, Eric F. Purcell and Jack T. Wright

*Richard A. Havasy arrived at 5:11 p.m. [an error occurred while processing this directive]
Others Present: C. Lee Lintecum, County Administrator; Ernie McLeod, Deputy County Administrator; Patrick Morgan, County Attorney; Darren Coffey, Director of Community Development; Jason Pauley, County Engineer; Kevin Linhares, Director of Facilities Management; Amanda Lloyd, Office Manager and April Jacobs, Deputy Clerk

CALL TO ORDER

Chairman Wright called the May 7, 2007 regular meeting of the Louisa County Board of Supervisors to order at 5:00 p.m.  Mr. Purcell led the invocation, followed by the Pledge of Allegiance.

CITIZENS INFORMATION PERIOD

Ms. Ginger Dillard, Mountain Road District, stated she was here representing the Jefferson Area Board of Aging (JABA).  Ms. Dillard stated JABA likes to come to the Board each year to talk about the program and to give seniors an opportunity to thank the Board for their support of senior citizens in the County.  Ms. Dillard stated Louisa County is one of the most progressive counties when it comes to helping human services.  Ms. Dillard invited the Board to come out and participate in some events held by JABA. Ms. Dillard thanked the Board for everything they do.    

Mr. Gentry thanked Ms. Dillard for everything JABA does for the seniors.  Mr. Wright stated Ms. Dillard has been promoted to a new position and questioned if she would explain to the Board about the position.  Ms. Dillard stated she has been promoted to Regional Supervisor of Case Management Services.  Ms. Dillard stated she would be supervising case managers throughout the entire planning district.


Ms. Dottie Pelletier, Louisa District, stated she was here on behalf of the seniors at the Betty J. Queen Center.  Ms. Pelletier said speakers come in and the Center holds exercise sessions for the seniors. Ms. Pelletier thanked the Board for their support and said it means a lot to the senior citizens.

ADOPTION OF THE AGENDA

Mr. Lintecum stated he would like to add discussion of a resolution regarding Regional Water Supply planning and application for a FY 08 Water Supply Planning Grant to new business.

        On motion of Mr. Purcell, seconded by Mr. Barnes, which carried by a vote of 6-0, the May 7, 2007 agenda was adopted as amended.

NEW BUSINESS

Discussion - Draft ordinance for increased fees for collection of delinquent taxes

Mr. Patrick Morgan, County Attorney, stated the Treasurer, Ms. Gloria Layne, has requested for him to draft an ordinance that will allow her more flexibility in charging fees for the collection of delinquent taxes.  Mr. Morgan said the Clerk of the Court reminded him that as of July 1, the fee that can be charged for Courthouse security could be increased from $5 to $10 per defense.  Mr. Morgan stated this ordinance would increase fees to make sure the Treasurer and the Clerk are able to collect the maximum amount.  Mr. Morgan said if the Board finds the fee schedule acceptable, then it should set the matter for public hearing.

        On motion of Mr. Barnes, seconded by Mr. Gentry, which carried by a vote of 6-0, the Board voted to set a public hearing for increased fees for collection of delinquent taxes.


Mr. Havasy arrived at 5:11 p.m.

Resolution - Concerning wastewater treatment services and protection of the environment

Mr. Bar Delk stated under the Chesapeake Bay Act, there were three classifications for wastewater treatment dischargers.  Mr. Delk said the three classifications are dischargers under 40,000 gallons per day, 40,000 to 500,000 gallons per day and 500,000 and more gallons per day.  Mr. Delk said Louisa County has two plants; the Zion Crossroads plant was permitted for 700,000 gallons per day, but was built for 100,000 gallons per day and the Louisa Regional Plant is designed for 400,000 gallons per day. Mr. Delk stated that both plants needed to be expanded into the significant discharge category.  Mr. Delk stated in order to expand, the Water Authority would have to buy credits or units from the larger plants.  Mr. Delk stated the Water Authority contracted with legal consultants to work with the Department of Environmental Equality (DEQ).  Mr. Delk stated this is a resolution asking DEQ to give the Zion Crossroads Plant the full capacity of 700,000 gallons per day.  Mr. Delk added this resolution asks for the full allocation that the plant should have by law.  Mr. Delk said this would give the flexibility to use for other plants to be transferable within the county.

        On motion of Mr. Purcell, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution concerning wastewater treatment services and protection of the environment.

Resolution - Regarding Regional Water Supply planning and application for a FY 08 Water Supply Planning Grant

Mr. Jason Pauley, County Engineer, said this resolution is required by DEQ that would go along with a grant application package to offset some funds to complete a State Mandated Plan.  Mr. Pauley said the State Mandated Water Supply Plan is required by DEQ to be completed by 2011 for a regional plan with the Towns of Mineral and Louisa.  Mr. Pauley said the grant money would be up to $50,000 and this is a competitive grant.  

Mr. Purcell noted that one requirement is
an assessment of projected water demand in accordance with the requirements of 9 VAC 25-780-100 and questioned how that is done.  Mr. Purcell questioned if that is basically looking at all growth areas and assessing what demands would be in non-growth areas and then looking at how much would be required within the region.  Mr. Pauley said Dewberry, the engineering firm, would handle that.  Mr. Lintecum added the Towns of Louisa and Mineral as well as the Water Authority would be adopting similar resolutions.  

Mr. Wright stated the resolution says
Louisa County is required to complete a water supply plan that fulfills the regulations by deadlines based on population and questioned if the population would be based on the time the resolution is passed.  Mr. Pauley said Louisa County is doing this as a regional plan and qualifies in 2011, which is at the time of the plan.  

        On motion of Mr. Barnes, seconded by Mr. Havasy, which carried by a vote of 7-0, the Board adopted a resolution regarding Regional Water Supply planning and application for a FY 08 Water Supply Planning Grant.

COMMITTEE REPORTS

Mr. Gentry said the Volunteers of Louisa reported through the month of April that there has been 7,789 volunteer hours that have been reported.  Mr. Gentry added 7,789 hours amounts to a value of $139,894 that volunteers have done through the month of April.  Mr. Gentry said there have been more volunteer hours than that, but those hours are based on official records.  

Mr. Gentry stated there was a motion at the last Planning Commission meeting that passed 7-0 that the Planning Commission would like to review the Lake Anna designated growth area in the Comprehensive Plan.  Mr. Gentry said the Planning Commission has some concerns about commercial aspects of that growth element.  Mr. Gentry said the Planning Commission would like to start taking a look at that area to see if the limits of the designated area are correct.  

Mr. Wright questioned if there is a clearly defined line of what constitutes the Lake Anna growth area.  Mr. Gentry stated yes, but when the whole area is looked at, there are parts they may not be opened to as much growth as others.  

Mr. Purcell questioned when the Comprehensive Plan was passed.  Mr. Coffey stated the Comprehensive Plan was reviewed last year, but we didnt take a particular look at any one area.  Mr. Coffey added the area that was looked at the least intensive was the Lake Anna growth area. Mr. Coffey said there is a lot of low-density residential in that area and feedback received from rezoning applications was that more commercial is needed.


Mr. Purcell stated he wants to get an idea about what is going to be done in regards to the Comprehensive Plan.  Mr. Purcell said he doesnt think the Comprehensive Plan should be amended a lot.  Mr. Purcell added he thinks the Comprehensive Plan should be a more rigid document.  Mr. Purcell stated he would like to have a standard for which this type of this is done in going forward.  Mr. Purcell questioned Mr. Coffey what he envisions as the standard in going forward.  Mr. Coffey said it is a Board policy decision.  Mr. Coffey stated there are communities that review the Comprehensive Plan every five years and there are communities that routinely examine it every year.  Mr. Coffey said it is about comfort level of the Board.  

Mr. Purcell questioned what the procedure would be assuming the Board gives the Planning Commission their blessing to review the Plan.  Mr. Coffey stated he would propose the Plan be looked at in a series of work sessions and have an open house before a public hearing is set.  Mr. Coffey added a joint work session could also be done with the Board.  Mr. Coffey said he would envision it being done by the end of the year.  

Mr. Purcell questioned if the same process could occur or would it have to be the standard if there was a line between commercial and agricultural and the people in agricultural wanted their property to be in the commercial growth area.  Mr. Coffey stated a Board member could be petitioned to initiate one or bring it up, but it takes the action of the Board to amend the Comprehensive Plan.  

Mr. Havasy questioned if Mr. Coffey is projecting minor or major changes to the Plan.  Mr. Coffey stated from his perspective they would be minor changes.  Mr. Coffey added the bounds of the growth area were discussed, but he thinks the contents of the area werent looked at well.  

Mr. Harper said many people change their positions or thoughts depending on particular needs or circumstances.  Mr. Harper said it is hard for landowners to make plans if the Comprehensive Plan is being changed every year.  Mr. Harper added the Comprehensive Plan isnt a very good document if it has to be changed every year.    

Mr. Wright questioned if it would be feasible for the Planning Commission to review the process and decided under what circumstances the Plan should be looked at before the Board considers changing the Plan.  Mr. Purcell stated he thinks it makes more sense to review the process by which this would be undertaken so he would support Mr. Wrights thought.  

Mr. Gentry suggested the Planning Commission discuss the Comprehensive Plan and look at it from the perspective that the Board doesnt want to see too many changes and for them to come back to the Board with additional comments.


        On motion of Mr. Purcell, seconded by Mr. Jennings, which carried by a vote of 7-0, the Board voted for the Planning Commission to review the policies and procedures that would be followed to amend the Comprehensive Plan.  

Mr. Barnes stated the County Picnic was a success.  Mr. Barnes said he would take blame for more food being needed because he didnt estimate in the number of people that would have more than one plate.  Mr. Barnes stated it was questioned about leaving food and said when an event is catered, they charge for the number of plates that are served and extra food isnt left over.  

Mr. Barnes stated Mr. Havasy and himself along with staff members met with some people regarding sign regulations.  Mr. Barnes said as commercial activity is increasing, the County is getting more businesses that are concerned with our sign regulations.  Mr. Barnes said the County quickly needs a sign ordinance.  

Mr. Purcell thanked the Tourism Department, Mr. Linhares and staff for the Heritage Festival that was held this past weekend.  Mr. Purcell stated they did a great job and he thinks it was good for the County.  

Mr. Wright stated Bill Martin with the Volunteers of Louisa and himself have been working with the Piedmont Workforce Council and the Virginia Employment Commission for a setup of a one-stop employment center in Louisa.  Mr. Wright stated they are going to meet with the Volunteers of Louisa in June to finalize plans.  

Mr. Wright stated he had questioned why cars were parked in fire lanes at the Schools.  Mr. Wright said he was told there is no ordinance within the County that enforces no parking within the fire lanes.  Mr. Wright stated the County needs an ordinance for existing and growth areas that have fire lanes.  Mr. Morgan stated he thinks there is a State Law that enforces it but he will check into that and let the Board know.  Mr. Lintecum said each July a State Traffic Code is adopted as a local ordinance.  

BOARD APPOINTMENTS

Mr. Havasy stated he would like to appoint Carolyn Brookman to the Commission on Aging.  Mr. Barnes stated he would like to reappoint Scott Wheeler to the Board of Road Viewers.  Mr. Wright questioned where the Affordable Housing Committee currently stands.  Mr. Coffey stated the Committee has met twice and has another meeting scheduled for this month.  Mr. Coffey said the Committee decided that the terms are concurrent with the elected officials who appoint them and they meet the third Thursday of each month, as needed.  Mr. Coffey added the Committee is going to aim to have at least quarterly meetings.

        On motion of Mr. Purcell, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board appointed Ms. Brookman to the Commission on Aging and Mr. Wheeler to the Board of Road Viewers.  

COUNTY ADMINISTRATORS REPORT

Mr. Lintecum stated Louisa County applied for Revenue Sharing Funds from VDOT to help with the Rural Addition Program and a letter has been received stating the County now has the opportunity to submit a revised application by May 25, 2007.  Mr. Gentry said the problem was that money was being dedicated to larger projects and would never get down to us and questioned if that has changed.  Mr. Lintecum stated he didnt think so.  

Mr. Lintecum stated Mr. Coffey has requested that the Board consider referring the sign regulations to the Planning Commission to review our existing regulations with consideration toward amending the Zoning Ordinance in order to have more current and effective regulations.  

        
On motion of Mr. Gentry, seconded by Mr. Purcell, which carried by a vote of 7-0, the Board voted for the Planning Commission to review existing sign regulations with consideration toward amending the Zoning Ordinance in order to have more current and effective regulations.  

Mr. Lintecum stated he has received notification that Louisa County was awarded a Certificate of Achievement for Excellence in Financial Reporting for its FY 06 Comprehensive Annual Financial Report (CAFR).  Mr. Barnes stated he would like to commend the Finance Department and staff for a job well done.

Mr. Lintecum stated the health insurance renewal for this year has been finalized and County employees will realize a decrease of approximately 11.2%.

CONSENT AGENDA ITEMS

Resolution - Authorizing a supplemental appropriation for vehicle sale

        On motion of Mr. Havasy, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution authorizing a supplemental appropriation for vehicle sale.

Resolution - To take two (2) streets in the Cuckoos Nest Subdivision into the Secondary System of Highways in Louisa County, Virginia

On motion of Mr. Havasy, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution to take two (2) streets in the Cuckoos Nest Subdivision into the Secondary System of Highways in Louisa County, Virginia.

Resolution - To take one (1) street in the Middlemas Subdivision into the Secondary System of Highways in Louisa County, Virginia

On motion of Mr. Havasy, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution to take one (1) street in the Middlemas Subdivision into the Secondary System of Highways in Louisa County, Virginia.

Resolution - Awarding the contract for liquefied propane gas service

        On motion of Mr. Havasy, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution awarding the contract for liquefied propane gas service.

Resolution - Proclaiming May 23, 2007 as Emergency Medical Services for Children Day in Louisa County

        On motion of Mr. Havasy, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution proclaiming May 23, 2007 as Emergency Medical Services for Children Day in Louisa County.

Resolution - Recognizing Sergeant Donald Jones for his five years of service on the Transportation Safety Commission

        On motion of Mr. Havasy, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution recognizing Sergeant Donald Jones for his five years of service on the Transportation Safety Commission.

Resolution - Proclaiming May 20-26, 2007 as Emergency Medical Services week in Louisa County

Mr. Lintecum read the resolution.

        WHEREAS, May 20 through May 26, 2007 has been declared as National Emergency Medical Services Week; and

        WHEREAS, pre-hospital care for the sick and injured in Louisa County is given by rescue squad and fire department Emergency Medical Services providers; and

        WHEREAS, services provided by volunteer and career members enhances the lives of all citizens of Louisa County with minimum cost and assistance cannot be provided without this valuable resource.

        NOW, THEREFORE BE IT RESOLVED, by the Louisa County Board of Supervisors on this 7th day of May 2007, does hereby proclaims May 20-26, 2007 as National Emergency Medical Services Week and supports the efforts of the following EMS agencies:

Louisa Volunteer Rescue Squad, Mineral Volunteer Rescue Squad, Lake Anna Volunteer Rescue Squad, Holly Grove Volunteer Rescue Squad, Trevilians Volunteer Fire Department, Zion Crossroads Volunteer Fire Department, Bumpass Volunteer Fire Department, Holly Grove Volunteer Fire Department, Locust Creek Volunteer Fire Department and Louisa County Emergency Services

On motion of Mr. Havasy, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted a resolution proclaiming May 20-26, 2007 as Emergency Medical Services week in Louisa County.

Mr. Wright stated he would like staff to write a specific letter of appreciation on behalf of the Board to each of the units.  

CORRESPONDENCE

Mr. Lintecum said the State is re-evaluating the Virginia Employment Commission.  Mr. Lintecum said he hopes they will keep the facility in Charlottesville opened, but they will be holding a series of public meetings to discuss that.  Mr. Wright stated he thinks they are looking at that because the unemployment rate has dropped in Virginia.  

Mr. Havasy stated the State was supposed to have a program with money returned on all vehicles picked up and the Board failed to enact that part in the ordinance for inoperative cars.  Mr. Havasy said the Clean Community Commission is asking the Board to request the State of Virginia to pay the revenue recovery fee for the towed inoperative vehicles.  Mr. Wright questioned if it was $50.  Mr. Havasy stated yes, which can be split.  Mr. Harper questioned if it has to be part of the ordinance.  Mr. Morgan said no.  Mr. Coffey stated the one aspect the Community Development Department is continuing to look into is there is something in the State Regulations that say you have to take possession of the vehicle and the Department is trying to get clarification from the State as to what that means.  Mr. Coffey said the Department has been researching the program and will report back to the Board once those answers have been found.  

Mr. Havasy said the Clean Community Commission advocates the Litter Control position to be devoted solely to recycling and litter control with no code enforcement responsibilities.  Mr. Havasy said he thinks that decision is up to Mr. Coffey.  

Mr. Harper stated a letter was been submitted recognizing some of the medics.  Mr. Harper thanked the Emergency Department.  Mr. Havasy thanked the Department for their great work and services provided.


APPROVAL OF BILLS

        On motion of Mr. Jennings, seconded by Mr. Barnes, with Messrs Wright and Gentry abstaining from bills pertaining to themselves, which carried by a vote of 7-0, the Board adopted a resolution approving the bills for the second half of April 2007 for the County of Louisa in the amount of $864,131.48.

APPROVAL OF MINUTES

        On motion of Mr. Barnes, seconded by Mr. Jennings, with Messrs Purcell and Havasy abstaining due to being absent, which carried by a vote of 5-0-2, the Board adopted the minutes of the April 11, 2007 budget workshop.

        On motion of Mr. Purcell, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted the minutes of the April 16, 2007 meeting.

        On motion of Mr. Havasy, seconded by Mr. Jennings, with Messrs Barnes and Purcell abstaining due to being absent, which carried by a vote of 7-0, the Board adopted the minutes of the April 25, 2007 called meeting.

CLOSED SESSION

On motion of Mr. Purcell, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board voted to enter Closed Session at 6:03 p.m. for the purpose of discussing the following:  

1.        In accordance with §2.2-3711 (a) (5) of the Code of Virginia, 1950 as amended, for the purpose of discussing business not yet announced.

2.        In accordance with §2.23711 (a) (7) of the Code of Virginia, 1950 as amended, for the purpose of consultation with legal counsel.

REGULAR SESSION

On motion of Mr. Barnes, seconded by Mr. Gentry, 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. Barnes, seconded by Mr. Gentry, 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 7th day of May 2007, 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 7th day of May 2007, 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

Assessment Increase: Total assessed value of real property, excluding additional assessments due to new construction or improvements to property, exceeds last years total assessed value of real estate by an average of 8.5%.

Mr. McLeod stated the total assessed value of real property exceeds last years total assessed value by an average of 8.5 percent.

Mr. Wright stated he was told by Mr. Gasper that 8.5 percent was the median and questioned the difference of the median and the average.  Mr. McLeod stated he would have to go with what the Assessor said.  

Mr. Purcell stated his constituency is telling him that they are hurting because of this assessment and he is concerned about this.  Mr. Purcell stated he thinks this assessment is wrong and inaccurate because property is selling for under assessed value.  Mr. Purcell said he asked the assessor to take into account the decisions that were made by the Board reducing the by-rights in Agricultural (A-2) zone because that devalued the property substantially and he didnt do so.  Mr. Purcell said the Countys assessment is not accurate and because of that, it will effect his decision on rates later on.  

Mr. Gentry questioned Mr. Purcell what he thinks we should do.  Mr. Purcell said based on what he sees on a day-to-day basis, property is selling for less this year than last year.  Mr. Purcell said he doesnt see how it can be argued that property values have increased.  Mr. Purcell added that has to be taken into consideration.  Mr. Purcell stated he thinks the assessment should be less than last year.

Mr. Jennings said property values have lessened due to the economy and he thinks the Board should consider lowering the rates.    

Mr. Wright stated Mr. Gasper stated the assessment by law is driven from January 1 of each year.  Mr. Wright stated he doesnt think the Board can currently do anything regarding the assessment.  Mr. Purcell questioned assuming assessments will go down next year how can we budget monies for the coming fiscal year that we may not have.  Mr. Wright stated money for taxes is due December 5 and that is based on current year budgets.  Mr. McLeod stated this assessment will be paid December 5, 2007, which is the next fiscal year on what the budget this year is based on.

The County of Louisa proposes to increase property tax levies. The proposed tax rate is lower; however the tax due may increase because of the general reassessment.

Mr. McLeod said the lowered rate is necessary to offset the increased assessment.  Mr. McLeod said the tax rate would levy the same amount of real estate tax as last year and the difference would be known as the “lowered tax rate.”  Mr. McLeod stated the lowered tax rate is 62 cents per $100 of assessed value.

Mr. McLeod said the effective rate increase is proposed to adopt 63 cents as the tax rate and the difference between the lowered tax rate and the proposed rate would be known as the “effective tax rate increase.”  Mr. McLeod stated the effective tax rate increase is one penny or an increase of 1.05 percent.

Mr. McLeod said the proposed total budget increase is based on the proposed real property tax rate and changes in other revenues.  Mr. McLeod added the total budget would exceed last years budget by 10.82 percent.  

Mr. Purcell stated he wanted to clarify that the total budget will exceed last years budget by 10.82 percent and the assessed value increased 8.5 percent, so there would be no increase if the budget could be at 62 cents.  Mr. McLeod said there would be no increase if the rate went to 62 cents.

Mr. Barnes questioned where the money would come from if the tax rate was cut even further.  Mr. McLeod stated the Board would have to cut the operational budget or the money would have to come from General Funds.  Mr. Barnes said if the tax rates was cut thee cents, $1.8 million would have to come from the General Funds, which would lower the fund balance.  

Mr. Harper questioned if money was already being taken out of the General Funds.  Mr. McLeod stated $1.7 million is being taken out for the capital budget, not the operational budget.  

Mr. Barnes questioned if other localities that borrow from their General Funds have to borrow money to pay for bills.  Mr. McLeod stated some localities have had to borrow money to pay for their operational budget and Louisa doesnt have to do that for this budget.  Mr. McLeod said, however, if the County keeps taking money from the General Funds and the tax rates keep being cut then the County will have that problem as well.  

Mr. Mike Seaton, Cuckoo District, stated he is the president of the Louisa County Historical Society.  Mr. Seaton stated the budget recommended for the Society is important to all citizens of the County for the new museum project.  Mr. Seaton said the Society would meet with a design firm.  Mr. Seaton said the Society is fortunate and delighted to speak with a man from Louisa County about the design of the museum.  Mr. Seaton stated he wanted to let the Board know how important the appropriated budget is to the Society.  

Ms. Pam Stone, Louisa District, thanked the Board for the financial support that the County Government has been providing to the Louisa Arts Center.  Ms. Stone stated the Town of Louisa began the restoration and adaptation of the original 100-year old Louisa High School into what is now the Louisa Town Hall.  Ms. Stone said as the Town Hall construction proceeded, the Downtown Development Corporation began its capital campaign and has raised roughly three-fourths of the funding needed to complete the project, which will include a 212 seat theater as well as green rooms, a loading dock and two classrooms upstairs for art workshops.  Ms. Stone said 2,000 square foot of new construction would create an art gallery and a catering kitchen.  Ms. Stone added this new space would also serve as the main entrance to the building.  

Ms. Stone thanked the general support of local businesses, individuals, alumni of the School, State and County Government and local and area foundations for raising or pledging $1.5 million in support of the project.  Ms. Stone said the continuing financial support from the County is essential in assuring the Arts Center becomes an integral part of our Countys quality of life.  Ms. Stone stated the Arts Center would also add an important facet to the economic vitality of our Community.  Ms. Stone said the Arts Center would be a place of education, entertainment, community gatherings, public forums, celebrations and a place to experience and express the joy and wonder of many forms of art.  Ms. Stone stated the gallery opening would be on August 25, 2007.  Ms. Stone thanked the Board for their support of this project.  

Mr. Havasy stated there is huge potential for tourism in this County.  Mr. Havasy stated the County should consider doing everything possible to increase the tourism dollar in the County.  

Mr. William Anthony, Jackson District, stated taxes are difficult to pay on property when real estate values are higher than the homeowners incomes.  Mr. Anthony said resident of Louisa are beginning to question the wisdom and fairness of the process for determining property taxes.  Mr. Anthony said the County needs an independent examination of the assessment process because residents and taxpayers deserve and explanation.  

Mr. Anthony said it seems arrogant that regulations become more outrageous every year and tax bills are rising as fast as assessments.  Mr. Anthony stated that local government is by the people, for the people.  Mr. Anthony said he is a firm believer that each and every dollar is important to each and every taxpayer.  Mr. Anthony added he also believes those dollars are better used and create more economic benefits when the use are controlled by the owners.  

Mr. Anthony suggested the Board to take control of expenditures and allow tax cuts and still maintain a balanced budget.  Mr. Anthony stated property owners in a safe guard in place to protect them from having to pay huge, ludicrous tax bills.  Mr. Anthony said the supervisors should give the residents of Louisa County the most honest and ethical representation possible.  Mr. Anthony added supervisors may not control assessments, but they do control tax rates.  Mr. Anthony said if the supervisors follow the wisdom of their constituency and property owners to work towards their welfare without raising taxes, many improvements would be achieved.  Mr. Anthony said the tax rates should be modified or lowered to a point where the ludicrous assessments will not create a tax value.  


Mr. Todd Palmquist, Charlottesville, stated he is the director of the Piedmont Workforce Network.  Mr. Palmquist said they provide workforce services for job seekers, workers and businesses in a ten county area.  Mr. Palmquist said since their inception in 2000, they have been operating strictly on federal funds and the funds that have come through the WIA program.  Mr. Palmquist added they have been doing well, but want to expand the program so they have submitted to jurisdictions for local funding.  Mr. Palmquist said the network wants to offer services that cannot be done under the workforce dollars.  Mr. Palmquist said they are opening a one-stop career center at the Sage Building in conjunction with the Volunteers of Louisa on July 1.  Mr. Palmquist stated the network also has an Incumbent Worker Training Program where they are working with a division of business assistants to provide funding to local businesses to assist in being able to train existing staff.  Mr. Palmquist stated they dont expect huge local funding, but they will greatly appreciate anything.  

Mr. James (Dan) Penn, Cuckoo District, stated he is retired and gets an annuity and on average his annuity increase three percent each year.  Mr. Penn said real estate tax has dipped further into his pocket than anything else.  Mr. Penn said his property value is continually going up a lot more than the three percent annuity.  Mr. Penn said he couldnt convert his property value in to anything he can use in place of money.  Mr. Penn said there is not that much disposable income and taxes are staring to hurt.  Mr. Penn said he doesnt know what other sources of revenue the County has that they might be able to tweak, but perhaps the Board can look at clever ways to manage the budget so citizens dont have to pay this much money in taxes.  Mr. Penn said the County is growing and a lot of County effort is going to be needed to manage and control the growth.  

Mr. Harry Carter, Patrick Henry District, stated a lot of people are having an unnecessary burden because of the tax assessments.  Mr. Carter said if tax rates were cut, we would have to borrow $1.8 million from the General Funds and the County is wasting more than that on the new elementary school plan.  Mr. Carter said the County is throwing money away.  Mr. Carter said he doesnt mind the budget if it is needed, but he doesnt think money should be wasted.  Mr. Carter added every dollar should count.  

Mr. Purcell stated he represents people and they are hurting because of the effect of the tax rates combined with an unreasonable assessment.  Mr. Purcell said because the assessment cannot be changed, the County is getting money from assessments that they arent entitled to because the assessment is unfairly high.  Mr. Purcell said he fails to see where the finance staff cannot find another million dollars to decrease the tax rate another penny or two.  

Mr. Havasy stated the focus of the budget is on the school system, but he personally feels with a $75 million budget, he thinks three cents can be taken out to lower the tax rate in the County.  Mr. Havasy said there are a lot of older citizens in the County and he thinks a lot of them are being affected by taxes.  Mr. Havasy said he has seen his taxes go up within the past couple of years and it is astounding that taxes can go up that quick when a whole lot hasnt changed within the County.  Mr. Havasy said he understands why people ask where the tax money is going.  Mr. Havasy stated he is for substantially reducing the tax rates this year.

Mr. Barnes said no one enjoys taxing people and taxes have never been a happy thing.  Mr. Barnes said the Board needs to be careful of recognizing the needs of the County and making sure those needs are provided for.  Mr. Barnes said if the Board wants to cut the tax rates three cents, it is certainly upon the Board to make decisions, but it is up to the Board to find $1.5 million in cuts.  Mr. Barnes said the Board is considerate of the elderly and disabled and those who cannot pay.  Mr. Barnes said the Board has increased the amount of money for the tax relief program each year so the elderly and fixed income citizens can take advantage of it.  Mr. Barnes said the County has to be responsible enough to know things that need to be taken care of because the public expects services and wants to know where every penny is going.  Mr. Barnes added people need to recognize that this County has to run.

Mr. Harper stated he has heard about the taxes hurting the seniors and the retired, but the taxes are hurting the working class as well.  Mr. Harper said what we are doing tonight is reacting and we should have been proactive in September and October and we didnt give direction to where we wanted to go.  Mr. Harper said it is a little late this year in getting into discussion that should have been talked about in the fall.  

Mr. Jennings said the Board needs to be responsible of the taxpayers dollars.  Mr. Jennings said one option is to not use any more money than is needed.  Mr. Jennings said we could emphasize cost reduction if lower rates are considered.  

Mr. Gentry said he appreciates concerns of the citizens, but in all reality, the Board is thinking in the same ways.  Mr. Gentry said he is concerned with the Schools budget and he doesnt think the Board has talked about it in enough detail.  Mr. Gentry said he doesnt want to damage the childrens education, but he thinks some tweaking can be done.  Mr. Gentry said the new museum project is being developed for to recognize Louisa County and it is designed to be a major stopping place for tourism.  Mr. Gentry said the Board of Supervisors want to make sure they are spending money wisely.  Mr. Gentry added the Board doesnt want to over tax people and are doing our best to be as fair as possible to all taxpayers.

Mr. Wright stated the Community Development Department is self-supporting because we have a fee structure that takes care of those that use that part of the operations.  Mr. Wright said he looks at staffing in that Department as an investment within the County to serve development and returns come with investments. Mr. Wright stated a workshop is scheduled on Wednesday May 9 to discuss the budget further and no action will be taken until May 21 at the regular Board meeting.

Review and consideration of the 2007-08 Louisa County Operational Budget.

Mr. McLeod referenced the following spreadsheet explaining the 2008 Operational Budget.

Actual
6/30/2006
Budget
2006-2007
Department
Request
County Admin
Recommended
Increase/
Decrease
Percent Increase/
Decrease
County/Agencies 19,378,557 20,866,583 24,289,853 23,821,838 2,955,255 14.16%
School Operating 38,600,999 43,850,229 46,881,550 46,772,152 2,921,923 6.66%
Dept of Social Services 2,911,839 2,805,518 3,020,082 3,020,082 214,564 7.65%
Landfill Enterprise967,203 1,411,962 1,499,674 1,499,694 87,732 6.21%
Total Operating 61,858,598 68,934,292 75,691,159 75,113,766 6,179,474 8.96%
County/Agency Budget
Gen Gov admin 2,978,779 2,892,371 3,059,331 3,008,442 116,0714.01%
Judicial admin 1,418,898 1,497,278 1,725,310 1,695,338 198,060 13.23%
Public safety 6,062,010 6,466,042 7,023,311 6,760,408 294,366 4.55%
Facilities Manage 2,031,706 2,178,700 2,611,349 2,509,921 331,221 15.20%
Health and welfare 2,246,784 2,537,735 2,759,915 2,702,732 164,997 6.50%
Education 28,056 33,208 33,677 33,677 469 1.41%
Parks, rec & cultural 1,151,481 1,248,366 1,637,939 1,455,839 207,473 16.62%
Community Development 1,374,277 1,616,204 1,810,619 1,798,841 182,637 11.30%
Non-departmental - 514,899 733,600 841,600 326,701 63.45%
Debt Services 2,086,566 1,881,780 2,894,802 3,015,040 1,133,260 60.22%
Total 19,378,557 20,866,583 24,289,853 23,821,838 2,955,255 14.16%
Notes:
Judicial administration - Increase is attributed to misclassification between departments; FTE in Clerk's office
Public safety - increase is attributed to funds for regional jail
Facilities Management - funds for animal pound & operational increases in Facilities; Landfill contract, ground water monitoring & professional services
Health and welfare - CSA; JAUNT; JABA, etc
Parks, recreation, and cultural - Louisa Arts Center; Mineral DMV; Historical Society
Community development - New FTEs to be paid by increase in fees; Tourism budget
Non-departmental - worker's comp, unemployment comp, continuing education, contingency, & salary increase
Debt Services - borrow 8m for elementary school; 4m for wastewater projects

Mr. McLeod referenced the following chart of the top ten operational changes.
 

Operational ChangesDollarsPennies of TaxExplanation

School Transfer

1,670,2572.8311 new FTEs; expands teachers salary scale

Debt Services

1,133,2601.92Debt payments for new school and WTPs

Reserves

390,5400.66Contingency; salary increases, cash match

Facilities Management

353,2890.60Animal Pound; operational increases

Sheriff Jail

228,5650.39Regional Jail Contribution

Sheriff Courts

193,8810.33Offsets Sheriffs reduction

Community Development

152,3990.263 new FTEs

Housing

147,0000.25Housing Trust Fund

CSA

100,0000.17Increase in At Risk Youth program

Transportation

88,3000.15Major increase in gas for Ambulance

Total Increases

4,457,4917.56 

Mr. Purcell said Mr. McLeod stated the three new employees in the Community Development Department would be paid by the increased fees and questioned why there is a .25 pennies of tax in that Department.  Mr. McLeod stated those funds are put into the General Funds to compare that revenue to expenditures to see if they are self-sufficient.  Mr. McLeod stated that is not part of the real estate tax rates; he is showing the Board the incremental changes in the operational budget out of the 63 cents.  Mr. McLeod said because the budget has gone up one penny, the incremental changes are 7.56 pennies.

Review and consideration of the 2007-08 Louisa County Capital Improvements Program (CIP).

Mr. McLeod referenced the following spreadsheet explaining the summary of the 2008 Capital Improvement Plan.  

 Actual
06/30/06
Budget
2006-2007
Department RequestCounty Admin. Recommend$ Increase/ Decrease% Increase/ Decrease

Capital Improvement

4,828,35013,769,01033,376,84416,534,8442,765,83420.09%


Mr. McLeod stated the Board has already tentatively approved vehicle replacements for the Sheriffs Department and the modular units for the Schools.  

Mr. Gentry stated the biggest difference in the Capital Improvement Plan (CIP) is for the new elementary school and if it werent for that, the CIP wouldnt be much different from last year.
 
Mr. Wright stated one of the things on the Capital Improvement is an investment for returns.  Mr. Wright stated the Board has worked diligently on the Zion Crossroads area for infrastructure with the water and sewer for development.  Mr. Wright said this is an excellent investment because improving the ratio of industrial and commercial growth is a way to take the burden off of residential real estate taxes.
 

REZ03-07; Virginia Lakes, LLC, Applicant; c/o Stephen Mattson, Agent; Betty R. Wickham and Milton G. Wickham, Owners; requests conditional rezoning of approximately 279.73 acres from Agricultural (A-2) to Residential Limited (R-1).  The property is located on the south side of Route 610 (Holly Grove Drive), west of the Louisa and Hanover County Line.  The property is further identified as tax map parcels 99-20, 99-21, 99-22, 99-23, 99-36 in the Jackson Magisterial District and Mountain Road Voting District.  The 2006 Comprehensive Plan designates this area of Louisa County as Agricultural/Very Low Density Residential.

The 2006 Comprehensive Plan designates this area of Louisa County as Agricultural/Very Low Density Residential.  The nearest growth area is the Gum Spring Designated Growth Area approximately four (4) miles southwest of the subject property.

Development around this property is that of large agricultural parcels with mostly smaller parcels containing single-family residential structures along the state road frontage.  

The applicant has submitted an Impact Statement and a set of proposed proffers as a part of the application package.  The Impact Statement provides background history on the development company and subject property.  

There are a total of twelve proffers that have been submitted by the applicant.  

The area consists of predominantly agriculturally zoned parcels.  One of the concerns with this request is whether or not this is spot zoning.  Spot zoning is defined as the reclassifying of one or more tracts of land and the sole purpose is to serve the private interests of one or more land owners instead of furthering the welfare of the entire community as part of an overall zoning plan.

There must be valid reasons for any zoning amendment, which is substantially related to the public welfare and necessity.  It is not sufficient that an applicant merely show that there is no neighborhood objection to the requested amendment.

             (a)        Is the change contrary to the established land-use pattern? Yes, the surrounding properties are mostly large agricultural parcels, with some smaller single-family residential parcels along the state road frontage.  

             (b)        Is the change in conformance with the comprehensive plan? No, the 2006 Comprehensive Plan designates this area of Louisa County as Agricultural/Very Low Density Residential; and is approximately four (4) miles northeast of the Gum Spring Designated Growth Area.

             (c)        Would the change create an isolated district unrelated to similar districts (i.e., is this spot zoning?) Yes, the nearest residential zoning (R-2) appears to be approximately four (4) miles to the southwest along Route 663 (Owens Creek Road).  

Other than Staff and the applicant, there were six (6) people present for the Neighborhood Meeting held on March 14, 2007.  The only two concerns/questions presented were related to the proposed buffer mentioned by the applicant and whether the project would be phased.

The applicant responded by detailing the type of buffer proposed as a four-foot high vegetative berm.  The project would not be specifically phased; however, construction and lot sales would take place over a period of several years.  

The Development Review Committee met on March 28, 2007 to review the request for rezoning.  It appeared to be the consensus of the Committee that the concept for the subdivision was well planned but it was proposed for the wrong location in the County by not being in a designated growth area.

On a motion made by Mr. Winston, seconded by Mr. Besley, which carried by a vote of 7-0, the Development Review Committee voted to forward a recommendation of denial to the Louisa County Planning Commission.

The Planning Commission held a public hearing on April 12, 2007 at which three (3) people spoke.  Two people expressed their concerns with the project, including traffic issues and impact on water resources.  One individual indicated that they were not for or against the application but wanted to make sure that people were aware of the Cavalier Rifle and Pistol Club, which has existed in the area for approximately 42 years.

The Commission members discussed the project and potential impacts.  They appeared to agree that the proposed project and proffers set the bar for other developments; however, it was in the wrong location and considered spot zoning.

A motion was made by Mr. Barlow to forward a recommendation of denial to the Board of Supervisors on the requested rezoning.  This was seconded by Mr. Scharf and passed by a vote of 7-0.

Mr. Purcell stated he noticed in the staff analysis that Mr. Coffey mentioned that the subject property was located immediately East of the Inez Agricultural/Forestal District and North of the Sheltons Mill Agricultural/Forestal District, but does not adjoin either of these districts and questioned why it is a concern if it doesnt adjoin.  Mr. Coffey stated it isnt a restriction or concern, but we try to flag any of those types of land uses or items in our analysis.  
 
Mr. Wright stated there is a written easement through the property that has been granted by the Wickhams to the owners of the property to the West and Southwest of it.  Mr. Wright stated he received a call from a member of the rifle club stating they also have an easement across this property, but he hasnt received anything in writing on that.  

Mr. Anthony Carter, Applicant for Virginia Lakes, LLC, stated Mr. Mattson could not attend tonights meeting and has written a letter requesting the Board to accept public comment but to defer action until the May 21, 2007 meeting.  

Mr. Carter stated Virginia Lakes, LLC has currently been in the County approximately ten years.  Mr. Carter said Virginia Lakes, LLC has developed The Village at Lake Anna, The Waters at Lake Anna and Longview Shores.      

Mr. Carter stated this particular tract was originally put under contract with the Wickhams in June 2006 of approximately 280 acres consisting of five parcels.  Mr. Carter said at that time, under the by-rights, they had to potential to do eighteen parcels per lot.  Mr. Carter added the total number with the size of the parcels would have been 71 lots by-right.  Mr. Carter stated Virginia Lakes chose not to go that route because they didnt like the layout with 20-acre tracts around the one and a half acre parcels and they felt that one and a half acre parcels were too small.  

Mr. Carter stated they decided that Residential Limited (R-1) was the only route to go.  Mr. Carter stated the Board adopted the Transitional Residential (TR) district in January 2007 and we tried to incorporate some of the open space and berm requirements of the TR district in with the R-1.  Mr. Carter said the major difference in TR that affects this property is it would require a donation of seventy-five percent of open space.  Mr. Carter said out of 280 acres, 210 of those acres would be under an open space or common space easement.  Mr. Carter added that would give each property owner a 20,000 square foot buildable lot.  Mr. Carter stated it is not feasible to go to TR at this time.  Mr. Carter stated the project currently has twenty-five percent open space and the large majority concentration of local housing is along the state route road and along the Eastern boundary of the property.  Mr. Carter said a thirty-acre parcel is being donated to open space to provide a buffer to individuals of the single-family houses.  Mr. Carter added a four-foot earth berm in addition to a four-foot vegetative berm is being implemented.  Mr. Carter said they have also incorporated traffic circles in the plan to control speed issues within the development.  

Mr. Carter stated there are twelve proffers that have been submitted that are summarized below:

1. $4,362.00 per lot to be paid at the time a building permit is issued x 86 lots = $375,132.00.
2. $1,000.00 per lot to be paid upfront within 30 days of Board of Supervisors approval, specifically designated for CIP improvements (school construction).
3. $15,000 to Holly Grove Volunteer Fire Department.
4. $15,000 to Holly Grove Volunteer Rescue Squad.
5. $20,000 for CIP improvements (Recycling Center Mountain Road District).
6. $10,000 to Louisa County High School Athletics for improving baseball and softball facilities.
7. $15,000 to the Housing Foundation to help offset land costs for affordable housing.
8. A maximum of 86 lots.
9. Average lot size of 2.5 acres, with a minimum lot size of 2.0 acres.
10. Minimum square footage of all homes 2800 square feet.
11. Minimum of 25% open space (not including right-of-ways).
12. Four (4) foot high planted privacy berm along Route 610 (Holly Grove Drive) road frontage.

Mr. Carter stated staff has pointed out that this development is considered spot zoning because the change is contrary to the established land-use pattern.  Mr. Carter said he does not think the change is contrary to the established land-use pattern because they are implementing 14,000 linear feet of road and asking for 86 lots.  Mr. Carter added there is some conformity within the development in the area.  Mr. Carter said this development is small parcels surrounded by larger parcels.  

Mr. Carter stated the Comprehensive Plan defines agricultural as very low density residential that generally refers to single-family detached houses at a density of less than one dwelling unit per acre.  Mr. Carter stated the design builds on that and gives one dwelling unit per two and a half to five acres.  

Mr. Graven Craig, Louisa District, stated he has been retained to represent John J. Purcell.  Mr. Craig stated Mr. Purcell owns two large tracts located directly behind the Wickham property and is accessed by a prescriptive easement that runs across the Wickham property.  Mr. Craig said Mr. Purcell has confirmed that as long as Virginia Lakes, LLC and the Wickhams will honor and proffer that they will continue to honor the current prescriptive right-of-way, he will have no objection to the rezoning application and he is in support of this development.  

Mr. Harry Carter, Patrick Henry District, stated he is surprised that this subdivision will provide between two and two and a half acres of land.  Mr. H. Carter said he thinks this development is a good plan.  

Mr. Carter stated he could add a proffer in writing to give an access easement to Mr. John Purcell along the existing parameters of the old County road.  Mr. Wright questioned if a proffer could be submitted or changed after the public hearing started.  Mr. Morgan stated amendments can be made but not as a new proffer, but easements can be worked out individually.  

Mr. Gentry stated he doesnt think a proffer is needed because it is required by law to make sure that they get the easement there.  Mr. Morgan said the law would cover that easement without a proffer.    

Mr. Purcell stated he thinks the decision should be delayed in the interest of the applicant, who has requested it.  Mr. Purcell said he recognizes that this project isnt within the Comprehensive Plan, but this a beautiful, rural development.  Mr. Purcell said the decision for the rezoning will depend on how strictly the Board wants to interpret the Comprehensive Plan.  Mr. Purcell stated the Board should understand about what the applicant said about the seventy-five percent of open space provision being prohibited of them doing a development like this.  Mr. Purcell said he thinks it is unfortunate that a good development like this, that would be a benefit to the County, requires this level of discussion and an outcome that, as of tonight, will be uncertain.  

Mr. Havasy stated this is a beautiful subdivision, but he has concerns with spot zoning and rejections from the previous meetings.  

Mr. Barnes stated he will respect the right of Mr. Wright, since he is the supervisor of the district, on whether he wants to delay the decision or not.  Mr. Barnes said he thinks it is the property owners right to be able to sell the property.  Mr. Barnes said this is one of the best projects, as far as development and proffers.  Mr. Barnes stated he thinks seventy-five percent of open space is too much.  Mr. Barnes said the Community would benefit from the project.

Mr. Harper stated he thinks the decision should be delayed in respect to the applicant.  Mr. Harper said we said TR would suit this better than residential but his biggest concern with TR is large parcels of land being left as reserves or easements because someone will come back with the right approach and they will be developers.  Mr. Harper said this is an excellent layout, but the only question is should this development be allowed in this particular area.  Mr. Harper added he thinks there are a lot of positives going for this development.


Mr. Jennings stated he agreed that this is a nice subdivision and the layout is good.  Mr. Jennings said several rezonings have been denied because of spot zoning and inconsistency to the land use.  Mr. Jennings stated his only question is if the Board needs to be consistent with this same type of application.  

Mr. Gentry stated a lot of good things have been said about this project, but the problem he sees is this is outside of the growth area.  Mr. Gentry added the Board spent a lot of time identifying growth areas and reserving rural characters away from the growth areas.  Mr. Gentry said this development is going to be hard to support as R-1, but it isnt quite TR.  Mr. Gentry added he doesnt know if the Board would want to consider exceptions to for this development to be TR.  Mr. Gentry said the Board needs to recognize that growth areas are put in certain areas for a reason.  Mr. Gentry said this development is outside of the growth areas.  Mr. Gentry said the Board has to keep in mind the intentions of the Comprehensive Plan.  Mr. Gentry said he thinks that giving courtesy to delay the decision seems like the right thing to do.  

Mr. Wright stated seventy-five percent of open space for TR was discussed in detail and approved on January 22.  Mr. Wright said this rezoning will be not in conformance with the Comprehensive Plan and he doesnt think the Plan should be frequently amended.  Mr. Wright stated the applicant would not have another chance to make a presentation if the decision is delayed.
 

        
On motion of Mr. Gentry, seconded by Mr. Jennings, which carried by a vote of 7-0, the Board voted to defer action of the conditional rezoning of approximately 279.73 acres from Agricultural (A-2) to Residential Limited (R-1) until the May 21, 2007 meeting.  

CUP02-07;
Kent and Allison Wilfong, Applicants/Owners, request the issuance of a conditional use permit for the establishment and operation of a commercial vehicle repair business and a Home Occupation - Class B for a hair salon.  The property is located on Route 208 (Courthouse Road), approximately 0.15 mile from Route 688 (Holland Creek Road).  The property is further identified as tax map parcel 67-40B, in the Louisa Magisterial District and Patrick Henry Voting District.  The 2006 Comprehensive Plan designates this area of Louisa County as Mixed Use within the Ferncliff Designated Growth Area.

Based on the information provided to the applicants at the Development Review Committee Meeting, the applicants have met with the Virginia Department of Transportation regarding ingress/egress requirements.  The applicants have indicated to Staff that VDOT would require road widening with a deceleration lane for the commercial vehicle repair business.  Due to the large costs associated with these improvements, the applicants have withdrawn the request for the commercial vehicle repair conditional use permit.

The request for a Home Occupation Class B Hair Salon is still being pursued.

There was no one present at the March 14, 2007 Neighborhood Meeting to discuss this application other than the applicants.

The Development Review Committee met on March 28, 2007 to review the proposed conditional use permit request.  It was the consensus of the Committee that there were safety concerns regarding ingress/egress to the property from Route 208 especially for the commercial vehicle repair CUP request.  There was much discussion regarding the access issue, as well as, additional clearing on-site (maintaining existing buffers from adjoining properties and limiting future clearing) and the proposed hours of operation for the separate uses.

A motion was made by Mr. Besley, which was seconded by Mr. Moore and carried by a vote of 7-0 to forward a recommendation of approval to the Planning Commission with the following amendments to the proposed conditions and clarification/information to be submitted prior to the Planning Commission meeting.

The Planning Commission held a public hearing on April 12, 2007.  

        On motion by Ms. Price, which was seconded by Mr. Besley and carried by a vote of 7-0, the Planning Commission voted to forward a recommendation of approval to the Board of Supervisors on the request for conditional use permit for a Home Occupation Class B (Hair Salon) with the ten conditions as listed below.

The subject property is zoned agricultural and the 2006 Comprehensive Plan designates this area of the County for mixed use in the Ferncliff Growth Area.  The proposed uses could be integrated with minimal adverse impacts on the subject neighborhood provided the following conditions listed below, and any others that the Board may deem appropriate:
1. Hours of operation are as follows:
        Monday Friday, 9:00 a.m. to 8:00 p.m.
        Saturday, 9:00 a.m. to Noon
        Closed on Sunday
2. Any lighting shall be of the dark sky variety.
3. Appropriate Development and Building Permits must be issued for the new construction and change of use.
4. Entrance permit from the Virginia Department of Transportation shall be obtained.
5. The permit is not transferable to another applicant or owner.
6. Site Plan submittal with administrative review and approval.
7. The Board of Supervisors or their designated representative reserves the right to inspect the premises at any time without prior notice.
8. Violation of any of the conditions shall be grounds for revocation of this Conditional Use Permit.
9. Retail sales of salon related products shall be limited to patrons/customers only and not the general public.
10. This use shall be limited by the definition of a Home Occupation Class B as outlined in Section 86-2 of the Louisa County Zoning Ordinance.

On motion of Mr. Barnes, seconded by Mr. Havasy, which carried by a vote of 6-0-1, with Mr. Purcell abstaining, the Board voted to approve the request the issuance of a conditional use permit for the establishment and operation of a Home Occupation - Class B for a hair salon.

ADJOURNMENT

On motion of Mr. Barnes, seconded by Mr. Havasy, which carried by a vote of 7-0, the Board voted to recess the May 7, 2007 meeting at 9:02 p.m. until May 9, 2007 at 6:00 p.m.



BY ORDER OF


________________________________
JACKSON T. WRIGHT, CHAIRMAN
LOUISA COUNTY BOARD OF SUPERVISORS
LOUISA COUNTY, LOUISA, VIRGINIA