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AUGUST 1, 2006
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
Others Present: C. Lee Lintecum, County Administrator; Ernie McLeod, Deputy County Administrator; Patrick Morgan, County Attorney; and Michele Doty, Deputy Clerk

CALL TO ORDER

Chairman Barnes called the August 1, 2006 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.

CONSTITUTIONAL OFFICERS

Mr. Barnes asked the Board to take note of the letter received from the Treasurer regarding the Annual Report of Personal Property and Real Estate Taxes.

CITIZENS INFORMATION PERIOD

There were no citizens that wished to address the Board.

ADOPTION OF THE AGENDA

Mr. Gentry asked to add a speed limit request for a speed limit reduction to 45 mph on Rt. 208 (Court House Rd.), from I-64 to Rt. 640 (E. Jack Jouett Rd.) where a new elementary school is scheduled to be built.

Mr. Lee Lintecum, County Administrator, informed the Board that a resolution was proposed by Mr. Wright regarding the Workforce Investment Act.  Mr. Wright indicated that this resolution is to approve a letter to be sent supporting an action.    

Mr. Lintecum indicated that a resolution needed to be added honoring John Wittenburg for excelling in the sport of wrestling.

Mr. Lintecum asked that a resolution be added to move forward with the feasibility study for the Bunting House.  In brief discussion by the Board it was agreed that this matter could be handled through a letter from the County Administrator.

Mr. Lintecum informed the Board that a resolution was needed to name a county agent for the VDOT Transportation Enhancement Program Grant.  Mr. Lintecum indicated that Trevilian Station Battlefield Foundation is applying for additional money that does not require any Louisa County tax money match, however a resolution is needed from the Board to make Mr. Lintecum the agent.  

On motion of Mr. Purcell, seconded by Mr. Wright, which carried by a vote of 7-0, the August 1, 2006 agenda was adopted as amended.

PRESENTATIONS

Presentation of 2006 Internship Program

Sherry Vena, Human Resource Director, thanked the Board for approving the Internship Program again this year.   Ms. Vena also extended appreciation to Ms. Ava Pippin, the school and the sponsors for their support of the program.  Ms. Vena informed the Board that the program has generated a lot of interest again this year with 25-30 students.  The students did a good job with the interviews and it was challenging for the staff to select only seven.  Sherry asked the four current interns in attendance to introduced themselves:  Joseph Hamilton, sponsored by Michael Schlemmer and the EMS Department; Emily Titus, sponsored by Paul Oswell and the supervisors at Social Services; Brittany Sanders, sponsored by James Smith and Lisa Grubbs in the Parks and Recreation Department, and Asia Foster, sponsored by Darren Coffey and Susie Needham in the Community Development Department.  Sherry acknowledged the interns that were not available to attend the meeting:  Davell Smith with Parks and Recreation, Laura Hopkins with Parks and Recreation and Jessica Poindexter with Tourism.  Sherry showed a video of the internship program which showed what the interns did this year.

Mr. Barnes thanked the interns, the staff for their support and the Board for allocating the funds.  A round of applause was given to the interns for their hard work.

VDOT Monthly Update

Milton Thacker, District Maintenance Engineer, Culpeper District Office, gave a year-end handout to the Board which summarized the accomplishments of the VDOT team.  Mr. Thacker informed the board that they are now fully staffed with the exception of an administration position and are ready to continue serving Louisa.  Many construction projects have been completed and many more are in line to be completed.  Mr. Thacker reminded the Board that he will be leaving the Louisa office and thanked the Board for their support and cooperation stating that he leaves Louisa in good hands.  Mr. Barnes thanked Mr. Thacker for his time in Louisa.  

Jamie Glass, Assistant Residency Administrator, highlighted the current VDOT operations.  Mr. Glass indicated that they are still operating under budgetary restrictions.  VDOT is currently performing an area headquarters study and it is a very good possibility that this area could be affected.  Mr. Glass said that this could have an impact on future response times in making calls and in emergency operations.  In regard to construction Mr. Glass indicated paving has been completed on Main Street Louisa and currently they are working on 33E (Jefferson Hwy.).  They will shortly begin paving on Rt. 22 (Davis Hwy.) between the two towns and hope to get that completed before school starts.  Mr. Glass informed the Board that weather permitting they should complete the paving projects by the end of fall.  Mr. Glass indicated that they have received 16 plans for proposed new subdivisions or developments which have been forwarded to the District Planning Department in Culpeper for review.  In regard to traffic and safety issues Mr. Glass told the Board that he resubmitted the request to have the speed limit increased on Route 33 East (Jefferson Hwy.) toward Hanover which was initially denied.  He further noted that a guardrail on Rt. 614 (Elk Creek Rd.) would be removed following a citizens request.  Mr. Bob Gibson requested a speed study on Rt. 780 (Industrial Dr.) and this has been submitted.  Traffic requests by citizens have been done on Rt. 647 (Harts Mill Rd.) and Rt. 714 (Horseshoe Farm Rd.); results indicated that both roads are well beneath the 50 vehicles per day that is required.  A request has been submitted to do a study on the accidents that have been occurring on Rt. 15 (James Madison Hwy.) at the intersection of the I-64 West Bound off-ramp to determine some solutions.  Following a citizens request to remove a passing zone on Rt. 250 near Rt. 626 (Evergreen Rd.), research did not support the change and this was denied.  In response to a citizens request regarding the intersection at Rt. 33 (Jefferson Hwy.) and Rt. 648 (Gardners Rd.) the size of the Stop Ahead sign and the Stop sign were increased.  Mr. Glass indicated that Mr. Wright had questioned the centerline on Rt. 635 (West Chapel Dr.) and this should be painted by this Friday evening.  Mr. Glass thanked Mr. Wright for bringing this to their attention, as Traffic Engineering was unaware of the problem.  Mr. Glass informed the Board that the new reduced speed signs on Rt. 601 (Orchid Rd.) and Rt. 1099 (Oak Ridge Rd.) have been installed.

In discussion with the Board, Mr. Jennings questioned the status of the speed reduction on Rt. 601 (Paynes Mill Rd.) between Rt. 522 (Cross County Rd.) and Rt. 33 (Jefferson Hwy.) that he requested.  Mr. Glass indicated that he thought this study had been completed and the sign crew is in the process of ordering the signs.  Mr. Wright asked that Mr. Glass let the Board know what was approved and Mr. Glass indicated that he would check the files and notify the Board of the outcome.  Mr. Jennings also asked the status of the reduction of speed request on Rt. 655 (Bethany Church Rd.).  Mr. Glass indicated that this request had been denied.  Mr. Gentry congratulated Mr. Thacker on his promotion and thanked him for the time he spent in Louisa.  Mr. Gentry suggested that the Board send a letter to the district office recommending Jamie Glass for the vacancy.  Mr. Purcell asked whom could they write to about the possible closing of the VDOT station and Mr. Glass indicated that they could write to the Commissioner, Mr. Rick Worley.  Mr. Barnes asked Mr. Glass to check on Price Road for rural addition as they now have all the signatures.  Mr. Barnes thanked Mr. Glass for his presentation and indicated that the Board will follow-up on sending a recommendation for him to fill the current administrator vacancy.  

Mr. Lintecum reminded the Board of the resolution for the Shannon Glenn Subdivision roads on Rt. 605 (Shannon Hill Rd.).  

On motion by Mr. Purcell, seconded by Mr. Jennings, which carried a vote of 7-0, the Board passed a resolution to add Shannon Glen Drive and Shannon Glen Court in to the secondary systems of highways in Louisa County, Virginia.

Legislative Program David C. Blount, Legislative Liaison, TJPDC

Mr. Blount indicated that this was his annual visit to talk about putting together the regional legislative program.  The time frame has been changed to have a more focused and earlier program.  Mr. Blount indicated that he is visiting all the Boards in the region to get their initial input and a draft will be prepared in September.  He will then be back in October to seek approval of the program.  Mr. Blount noted that the focus for the legislators this year would be more on priorities.  Mr. Blount asked that the Board forward their ideas and changes to him in the next couple of weeks.

OLD BUSINESS

Discussion Electoral Board Possible Bail Out for the Department of Justice Pat Morgan

Mr. Morgan referred to his memo, which addressed the information the Board had requested regarding the Bail Out Program.  Essentially what the program requires is that any county in any covered jurisdiction get a preclearance from the Federal Court in the District of Columbia or through the Justice Department for any change in voting practices before putting the change into practice.  Mr. Morgan informed the Board that he had included a copy of a typical submission and a copy of Pulaski Countys submission to get through the Bail Out for their reference.   Mr. Morgan indicated that the drawback of the preclearance process is that any change in procedure, no matter how minute, needs to get a preclearance.

In discussion with the
Board, Mr. Purcell acknowledged that this process is cumbersome and this could alleviate some things, but questioned how eliminating this process would work with solidifying our redistricting procedures and ensuring fairness to the minority community.  Mr. Morgan indicated that he didnt feel that the process the Board would put into affect would be any different at all.  Mr. Morgan noted that submissions could become much more detailed depending on the amount of information that would be required.  Mr. Morgan said that one of the problems they have in filing submissions is that under the law they do not keep track of racial statistics for voter registration.  Mr. Purcell questioned why the Justice Department still has it on the books if we cant commend on these statistics.  Mr. Gentry asked if there were any reasons to not Bail Out.  Mr. Morgan responded that if we had ever failed to make some kind of submission and would not get through the Bail Out process.  Mr. Morgan noted that in the past seven years there has been no protest or refusal of the Justice Department to approve any change that Louisa County has made.  He further indicated that other than the time required to make the submission and the expense of getting a DC Bar attorney involved there really is no reason to not do a Bail Out.  Mr. Wright indicated that he is concerned that there has not been much publicity on this issue.  Mr. Morgan indicated that there is a requirement that once the Board decides whether or not to even consider the effort there would have to be ads in the newspaper that said that we were contemplating filing for this action.  Mr. Wright further indicated that there needs to be better communication on conveying these issues to the citizens due to the variety of different papers that the public subscribes to.  Mr. Barnes acknowledged the research that Mr. Morgan has done on this issue, but he has a problem in the fact that Congress reviewed the Voting Rights Act and they chose not to change it and therefore he sees no reason for us to change it.  Mr. Barnes further indicated that these checks and balances are needed to make sure all people are afforded the opportunity to vote and feel that they have fair change.  Mr. Harper indicated that he feels through the years they have done a good job and that going forward the people in charge will continue to do good work.  Mr. Harper asked that in fairness to the people who asked for it, the motion be put on the floor.  Mr. Barnes asked for a roll call.

PRESENTVOTE
Fitzgerald A. Barnes No
Willie L. Gentry, Jr. Yes
Eric F. Purcell No
Jack T. Wright No
Allen B. Jennings No
Richad A. Havasy Yes
Willie L. Harper Yes

On motion by Mr. Harper, seconded by Mr. Havasy, the motion to proceed with the Bail Out effort failed by a vote of 4-3, with Messrs Gentry, Havasy and Harper voting for approval.

NEW BUSINESS

Resolution Honoring Logan Brothers for Excelling in Tennis

On motion by Mr. Purcell, seconded by Mr. Jennings, which carried by a vote of 7-0, a resolution was adopted honoring the Logan brothers for their excellence in tennis.

Mr. Barnes presented the resolution to Carlton and Quentin Logan indicating that he had watched these young boys practice and congratulated the boys and the parents on this accomplishment.  

Resolution Honoring John Wittenburg for Excelling in the sport of Wrestling

        On motion of Mr. Jennings, seconded by Mr. Wright, which carried by vote of 7-0, a resolution was adopted honoring Mr. Wittenburg for excelling in the sport of wrestling.

Mr. Barnes presented the resolution to Mr. Wittenburg, extending the Boards congratulations to Mr. Wittenburg as well as his family and coach.

Transportation Enhancement Program Grant

Mr. Lintecum informed the Board that the procedures for the Transportation Enhancement Program have changed.  We are still the principal agent but they have added a change requiring the Board adopt a resolution naming someone as the agent.  The local share will be placed through the Trevilian Station Battlefield Foundation, no local county money will be involved.  The grant is for $370,000 to acquire more property.  

Mr. Purcell asked if they will be using this money to pay down the debt or using it to purchase new property outright thereby increasing the debt.  Mr. Lintecum and
Ernie McLeod, Deputy Country Administrator, both confirmed that the funds will be used to purchase new property and that the debt that is already existing is not included.  Mr. McLeod further noted that this is a grant from the Federal Government for purchasing property.  Mr. Purcell asked for clarification that the County is going to be the agent in asking for this grant.  Mr. Lintecum confirmed that if the grant is received the Board would do an appropriation to Trevilian.  

On motion by Mr. Wright, seconded by Mr. Havasy, which carried a vote of 7-0, it was approved to appoint Mr. Lee Lintecum as the county agent for the Transportation Enhancement Program.

Workforce Investment

Mr. Wright informed the Board that the federal government is considering cutting back the funding to all localities on the Workforce Investment Act program.  Mr. Wright went on to say that this is a vital program to Louisa and this does not involve any county money; it is merely asking our senators and representative in Congress to support a move not to cut back on the Workforce Investment Act funds.

In discussion by the Board, Mr. Harper voiced his concern that he has never seen anything that supports this program and questioned if we were really accomplishing anything.  Mr. Wright, who serves as Chairman of the Workforce Investment Council, indicates that meetings are held on a regular basis although there is not a lot of publicity.  Mr. Wright indicated that there are 10 counties and the City of Charlottesville involved as well as very active programs at PVCC, Sergeant Reynolds and Germanna Community College.  Mr. Wright has asked the program to attempt to get more publicity on what they are doing.  

On motion of Mr. Wright, seconded by Havasy, which carried a vote of 6-1, with Mr. Harper voting against, it was agreed to ask our senators and representatives in Congress to support a move not to cut back on the Workforce Investment Act Funds.

Subdivision Review

Timber Hollow (revised) Platinum Land and Finance c/o John Rayl, Applicant Route 757

Linda Buckler, Deputy Zoning Administrator, indicated that this was a request by Platinum Land and Finance for review of the Timber Hollow Subdivision containing 36 lots, which will be comprised of two parent parcels in an A-2 district. This submittal is a revision of a subdivision review held by the Board on July 5, 2006.  The developer has deleted from the original proposal access to a third parent parcel and sixteen lots.  The current proposal includes approximately 14.75 acres of common area, which includes approximately two acres along Route 656, and a divided entrance design.  The designated common area along the Route 656 frontage is shown with a minimum 125-foot buffer. After staff review it appears that the proposal is in general compliance with the Agricultural (A-2) zoning regulations, however final plat approval would be contingent upon the proposal meeting all minimum lot size, frontage and width requirements of the A-2 district.  The main issue with this subdivision is concern regarding only one means of ingress/egress serving 36 lots versus two separate roads in close proximity serving 18 parcels each. Staff requests the Board advise how they would like staff to proceed and if they would like review to be done administratively.

During discussion by the Board Mr. Purcell stated that the main issue is not the road issue, but the main issue is the number of lots and the parent parcel, which should not be an acceptable use in A-2 based on what has been passed.  He indicated that he would have no problem approving this as a rezoning because he does not feel that it is a bad design but he doesnt think that this is something that we can just approve in A-2 as a by right subdivision.  Mr. Gentry indicated that in this particular case we would be reducing two roads down to one and therefore this needs to be sent back to Community Development to be resolved.  Mr. Jennings agreed that this is an issue of rezoning and this is not the intention of what the Board wants.  Mr. Wright informed the Board that he had heard discussion in regard to the additional hazards that are created in having multiple cul-de-sacs in small areas.  Mr. Havasy stated that for the sake of consistency we cant pick and chose what we pass.  Mr. Harper asked if this subdivision could be done with two roads and Ms. Buckler indicated both parent parcels have frontage on Rt. 656 but this could affect the number of lots in order to meet minimal lot sizes and lot widths.  Mr. Harper also voiced his concern about the one point of ingress/egress always being an issue with no solution.  
Mr. Barnes indicated that he agrees with Mr. Gentry in that the proposed road is a better design but understands the concerns voiced by other members of the Board.  Mr. Gentry indicated that he had met with the developer and engineer and they could add a second road, but the layout seemed a reasonable approach as proposed.  

On motion by Mr. Gentry, seconded by Mr. Harper, which carried by a vote of 5-2 against with Mr. Gentry and Mr. Harper voting for approval, the Board agreed to deny final plat review and approval of the Timber Hollow Subdivision by the Community Development Department.

Equestrian Landing Sun, LLC c/o Gary Griffith, Applicant Route 601/701

Linda Buckler, Deputy Zoning Administrator, indicated that this was a request by Sun, LLC for Equestrian Landing Subdivision.  There are 23 lots proposed on two parent parcels with two of the proposed lots having access from Rt. 601 leaving only 21 lots that would be served by the new internal subdivision street.  Both parent parcels have frontage on two state roads that go from Rt. 701 (Eastham Rd.) to Rt. 601 (Greenes Corner Rd).  The entrance is proposed off of Rt. 701 (Eastham Rd.) with two of the lots accessing off Rt. 601 (Greenes Corner Rd.)  Staff requests that the Board advise if they desire that this preliminary subdivision plat receive further review by the Board, or if staff may complete the final subdivision plat process administratively.

Mr. Purcell wanted to make clarification for the record that when the Board says no, that they are not saying no to the project, they are saying that it cant be approved administratively.  This just means that the Planning Department cant approve it administratively with the Boards blessing.  Mr. Jennings stated that the applicant always has the right make revisions, to go back and make necessary adjustments and our Planning Department will work with the applicant.  

On motion by Mr. Jennings, seconded by Mr. Purcell, which carried by a vote of 7-0, the Board agreed to deny final plat review and approval of the Equestrian Landing Subdivision by the Community Development Department.

Pendleton Estates Andy Kestner, Applicant Route 618

Linda Buckler, Deputy Zoning Administrator, indicated that this was a request by CHE, LLC for a 15-lot subdivision.  This subdivision is comprised of three parent parcels to be served by a new internal road.  This proposal includes approximately 1.5 acres of common area and a 30-foot landscaped buffer along the existing state road frontage.  It appears to be in compliance with the agricultural zoning regulations.  Staff requests that the Board advise if they desire this preliminary subdivision plat receive further review by the Board, or if staff may complete the final subdivision plat process administratively.

        On motion by Mr. Gentry, seconded by Mr. Purcell, which carried by a vote of 6-1 with Mr. Havasy voting against, the Board agreed to approve final plant review and approval of the Pendleton Estates Subdivision by the Community Development Department.

Dickens Creek Farm, LLC, Applicant Route 710 (Two Adjoining Subdivisions)

Linda Buckler, Deputy Zoning Administrator, indicated that this was a request by Dickens Creek Farm, LLC for two separate subdivisions.  The first is for nineteen new lots, one being over 21 acres in size.  There will be an upgrade of an existing private lane that already serves six lots to serve the new nineteen-lot subdivision.  There is a four-acre common area proposed.  The second one adjoining it is eighteen new lots and again it is served by an existing private lane that serves six additional lots in front.  These two parcels actually own the fifty-foot fee simple access strips that make up the private lane that serves the lots in front of them.  The private lane will be upgraded to VDOT standards and subdivide the parent parcels.  These are two separate subdivisions that are not connected.  Community Development felt this should come before the Board due to the road already serving the six lots in front of each subdivision.

During Board discussion Mr. Harper voiced concern regarding revisiting the 21 residue on lots and feels that we would lose a lot of credibility if we make changes.  Mr. Purcell indicated that due to the amount of road this number of lots would be needed and therefore this should be a rezoning.  Mr. Wright commented that this project has some redeeming features and would get two current dirt roads paved as part of this process, however he felt this should be delayed to give time for the Board to discuss with the Holly Grove Fire and Rescue and visit the site.

On motion by Mr. Wright, seconded by Mr. Havasy, which carried by a vote of 7-0 the Board agreed to table a decision on final plant review and approval by the Community Development Department until the September 5, 2006 meeting.  

Discussion Application of Biosolids on A-2 zoned Properties

Mr. Barnes announced that he had received concerns brought by farmers about A-2 developments being placed across from the street from A-1 properties.  Farmers are questioning if the people moving into these new subdivisions can cause any legal problems for them.  Mr. Barnes asked if there is anything we can do to support these farmers.  Mr. Morgan indicated that the ordinance that has been passed concerning the coordination of the spreading of the Biosolids is about all that can be done.  The state has the power to grant someone the license to have biosolids spread and the County cannot take that license away.  Mr. Morgan indicated that he did not feel that the courts would proceed with any action unless it could be proven to be a health hazard.  Mr. Wright informed the Board that in Pennsylvania when a subdivision is developed in a farming area every new homeowners must sign a waiver that they will not bring suit against that farmer because of activities that are approved for that type of farmer.  Mr. Barnes indicated that this is what he would like to have researched to protect the farmers and asked Mr. Morgan to research this option and bring his findings back to the Board.

Discussion Amendment to HOME Consortium Cooperative Agreement

Mr. Lintecum informed that Board that it is now a requirement that we add the towns as units of government in this cooperative agreement.

On motion by Mr. Jennings, seconded by Mr. Purcell, with Mr. Harper abstaining, which carried by a vote of 6-0-1, the Board approved the signing of the Amendment to the HOME Consortium Cooperative Agreement.  

Resolution Honoring the Honorable V. Earl Dickenson

On motion of Mr. Barnes, Mr. Gentry, Mr. Harper, Mr. Havasy, Mr. Jennings, Mr. Purcell and Mr. Wright, seconded by Mr. Barnes, Mr. Gentry, Mr. Harper, Mr. Havasy, Mr. Jennings, Mr. Purcell and Mr. Wright, which carried by vote of 7-0, a resolution was adopted honoring the Honorable Vivian Earl Dickinson.

Discussion Revised Charter and Bylaws of the Central Shenandoah Criminal Justice Training Academy

Mr. Harper indicated that this is the training academy that the Sheriffs Department uses to get their people trained and they have basically done a major rewrite of all the by-laws and operating procedures.  He further indicated that there is no urgency on action but wanted to give it to the Board in case there were any questions or concerns.  Mr. Barnes suggested that Mr. Morgan review this and bring back recommendations to the Board.

CONSENT ITEMS

Resolution Proclaiming August 26, 2006 as Womens Equality Day

On motion of Mr. Wright, seconded by Mr. Purcell, which carried by vote of 7-0, a resolution was adopted proclaiming August 26, 2006 as Womens Equality Day.

Resolution Authorizing a Supplement Appropriation for the Sheriffs Department for Vehicle Replacement

On motion of Mr. Wright, seconded by Mr. Purcell, which carried by vote of 7-0, a resolution was adopted to authorize a supplement appropriation for the Sheriffs Department for vehicle replacement.

Resolution Appropriation to the Sheriffs Department for Funds Donated for the K-9 Dog Program

On motion of Mr. Wright, seconded by Mr. Purcell, which carried by vote of 7-0, a resolution was adopted to appropriate to the Sheriffs Department for funds donated for the K-9 Dog Program.

Schedule Public Hearing REZ09-06; Stephen Pick and Pamela Pick, Applicants Owners

On motion of Mr. Wright, seconded by Mr. Purcell, which carried by vote of 7-0, a public hearing is scheduled for September 5, 2007 for REZ09-06; Stephen Pick and Pamela Pick, Applicants/Owners; request to rezone of approximately 15.768 acres from Agricultural (A-2) to Light Commercial (C-1).

Schedule Public Hearing CUP06-06; David Wilson, Applicant; Glenn Swenson, Owner; Graven Craig, Agent

On motion of Mr. Wright, seconded by Mr. Purcell, which carried by vote of 7-0, a public hearing is scheduled for September 5, 2007 for CUP06-06; David Wilson, Applicant; Glenn Swenson, Owner; Graven Craig Agent; request to issue a conditional use permit for the establishment and operation of a public garage facility for the sale of motorcycles.

Schedule Public Hearing REZ11-06; Lawrence B. Nuckols, Applicant; Charles Edward Shelton, et al., Owners; Grayson S. Johnson, Agent

On motion of Mr. Wright, seconded by Mr. Purcell, which carried by vote of 7-0, a public hearing is scheduled for September 5, 2007 for REZ11-06; Lawrence B. Nuckols, Applicant; Charles Edward Shelton, et al., Owners; Grayson S. Johnson, Agent; request to rezone approximately 69.8 acres from Agricultural (A-1) to Agricultural (A-2).

Resolution Requesting Traffic Speed/Safety Study on Rt. 208 from Interstate 64 to Rt. 640 reduced to 45 MPH

On motion of Mr. Wright, seconded by Mr. Purcell, which carried by vote of 7-0, a resolution was adopted requesting a traffic speed/safety study on Rt. 208 from Interstate 64 to Rt. 640.

COMMITTEE REPORT

Mr. Gentry referenced a letter from the Public Works Committee regarding the Longevity House.  The letter, which was from the president, asked to let the Board know of the Mineral Historical Foundation Boards interest in preservation and longevity and their willingness to pursue preservation possibilities upon authorization from the Board of Supervisors.  Mr. Gentry indicated he would recommend turning this over to Mr. Lintecum to negotiate with the historical group when they decide what they want to do and the Board agreed.  Mr. Barnes and Mr. Gentry indicated that there needs to be a push for a resolution and asked for a 60-day turn around.

Mr. Gentry indicated that the opening of the bids for the pool project will be this Thursday.  Mr. Gentry indicated that he had met with IDA to transfer land for the pool site and they are at the point now where he needs the Boards authority to go out to bid for utilities that will handle the pool site as well as the IDAs commitment to the Loudin property for utilities.  In exchange for 20 acres of property, IDA would like for us to fulfill their commitment on utilities.  Mr. Gentry noted that for 20 acres it will basically cost us almost $5600.  Mr. Harper voiced his concern that we continue to acquire property that was planned for industrial property.  Mr. Barnes noted that we will not be able to get land any cheaper than where this currently is.

On motion by Mr. Gentry, seconded by Mr. Purcell, which carried by a vote of 6-1, with Mr. Wright voting against, the Board agreed to move forward with the transaction with IDA and gave approval to go forward with contracting of the utility work for the pool project.

BOARD APPOINTMENTS

Mr. Gentry recommended that Brenda Martin be appointed as an at-large member to the Transportation Safety Commission with the possibility of becoming a full-time member in January.

Mr. Barnes recommended that Pat Morgan be reappointed to the Thomas Jefferson Area Community Criminal Justice Board.

On motion of Mr. Gentry, seconded by Mr. Purcell, which carried by a vote of 7-0, the Board appointed Ms. Martin as an at-large member to the Transportation Safety Commission and reappointed Mr. Morgan to the Thomas Jefferson Area Community Criminal Justice Board.

COUNTY ADMINISTRATOR REPORT

Mr. Lintecum noted that a response was received regarding the concerns that were forwarded to Virginia Dominion Power.  Public meetings will be held at the Louisa Middle School at 7:00 p.m. August 15th and 16th with the Nuclear Regulatory Commission and Department of Environmental Quality.  Mr. Gentry asked that the correspondence forwarded to Virginia Power and Virginia Powers response be submitted as written statements for the meetings on the 15th and 16th.  Mr. Barnes indicated that his concern with doing that is these statements are not our concerns, but those of our citizens.  Mr. Purcell stated that he supports these being submitted as long as Dominions response is also included.  Mr. Wright agreed as long as there is a supporting statement from the County that we support Dominion Power in the project they are doing.  The Board asked Mr. Lintecum to submit the questions and letters from the citizens, the response from Virginia Dominion Power and a letter from the Board of supporting Virginia Dominion Power in their position.  

On motion by Mr. Gentry, seconded by Mr. Purcell, which carried a vote of 7-0, the Board agreed to have the County Administrator to submit the questions and letters from the citizens, the response from Virginia Dominion Power and a letter from the Board supporting Virginia Dominion Power in their position.  

CORRESPONDENCE

The Board did not discuss any correspondence during this meeting.

APPROVAL OF BILLS

During Board discussion Mr. Harper requested that any bill due by Wildblue be pulled and not paid due to lack of service.  Mr. Havasy noted that he has great service with Wildblue.

On motion of Mr. Wright, seconded by Mr. Purcell, which carried by a vote of 6-1, with Mr. Harper against and Messrs Wright, Gentry, Havasy and Jennings abstaining from reimbursement checks pertaining to them, a resolution was adopted approving the bills for the month of July 2006 for the County of Louisa in the amount of $1,117.898.27.

CLOSED SESSION

On motion of Mr. Wright, seconded by Mr. Jennings, which carried by a vote of 7-0, the Board voted to enter Closed Session at 6:25 p.m. for the purpose of discussing the following:

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.

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. Purcell, 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 1st day of August 2006, 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 1st day of August 2006, 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

REZ05-06; Gerald W. Harlow and Cathy P. Harlow

Ms. Buckler indicated that this is a request for rezoning of approximately 16.94 acres from Agricultural (A-1) to Agricultural (A-2).  The applicant and owners are Gerald and Cathy Harlow, tax map parcels 5165 and 5166 in the Green Springs Magisterial and Green Springs Voting District.  The 2001 Comprehensive Plan designates this area of Louisa as agricultural.  The nearest growth area is Zion Crossroads which touches the southern boundary of the subject property.  The applicant has stated that he plans on preserving these parcels as agricultural uses.  The adjoining parcels as well as the surrounding area is primarily a mixture of agricultural A-1 and A-2 zoned parcels and there is some resort development zoning which is the Spring Creek Development approximately 2/10 of a mile to the east.  Development around the property is that mostly of large agricultural parcels with some smaller single family residential uses.  The A-2 zoning is intended for agricultural use and the rezoning would conform to surrounding properties.  The neighborhood meeting was held on May 10 and there were no persons present to discuss this application.  The development review committee met on May 24 and after discussion with the applicant voted to forward a favorable recommendation to the Planning Commission who held their public hearing on June 8th at which two people spoke during the public hearing, one being in favor of the rezoning request and the second individual expressing concerns with properties being rezoned from A-1 to A-2.  The Planning Commission did vote for a favorable recommendation to the Board of Supervisors on the requested zoning as the application appears to conform to the 2001 Comprehensive Plan designation of the area as agricultural and the rezoning would be in conformance with the surrounding uses and zoning.

In discussion by the Board Mr. Wright asked if there was a written proffer to the affect of the indication to preserving this parcel as agricultural.  Ms. Buckler replied that no proffer had been received.  

Mr. Barnes opened the public hearing for citizen comments and asked the applicants if they wished to speak.   Mr. Harlow addressed the Board indicating that this is part of five family properties that were incorrectly zoned in 1996 when the family had to choose how they wanted the property zoned.  Records in the planning department indicate that it was requested that these properties be zoned as A-1 and they were incorrectly zoned as A-2.  In response to Mr. Wrights question regarding proffers, Mr. Harlow indicated that this property was placed back  in the Beaver Dam Creek Agricultural Forestal District last year for another ten years.  With no additional citizens wishing to speak Mr. Barnes closed the public hearing and brought discussion back to the Board.

On motion by Mr. Havasy, seconded by Mr. Wright, which carried by a vote of 7-0, the Board voted to approve the requested rezoning of approximately 16.94 acres from Agricultural (A-1) to Agricultural (A-2).

REZ06-06; Gerald W. Harlow and Cathy P. Harlow

Ms. Buckler indicated that this is a request for rezoning of four parcels that contain approximately 58.86 acres from Agricultural (A-1) to Agricultural (A-2).  They are in the Green Springs and Louisa Magisterial Districts and in the Patrick Henry Voting District.  The 2001 Comprehensive Plan designates this area of Louisa County as agricultural.  The nearest growth area is Ferncliff, which is directly east of the subject properties.  The adjoining properties as well as the surrounding area is primarily agricultural A-2 with some A-1 zoned parcels.  The A-2 zoning is intended for agricultural use and the rezoning would conform to surrounding properties.  The development review committee and the neighborhood meeting were held.  There was some public concern on this request from neighbors regarding the types of uses that would be allowed in an A-2 zoning district.  The development committee met and did forward a favorable recommendation to the planning commission who held their public hearing on June 8th at which no one spoke during the public hearing and the commission had no additional discussion regarding this rezoning request and forwarded a recommendation of approval to the Board of Supervisors as again the application appears to conform to the 2001 Comprehensive Plan designation of the area as agricultural and the rezoning would be in conformance with the surrounding uses and zoning.

In discussion by the Board Mr. Wright asked if the parcels were in the agricultural forestal district also.  Mr. Barnes and Mr. Harlow confirmed that these are not in an agricultural forestal district.  

Mr. Barnes opened the public hearing for citizens comments and asked the applicants if they wished to speak.  Mr. Harlow confirmed that this property is not in an agricultural forestal district but that it is the last piece of the family farm that is still a working farm and will remain so.  With no citizens wishing to speak Mr. Barnes closed the public hearing and brought discussion back to the Board.  

On motion by Mr. Barnes, seconded by Mr. Wright, which carried by a vote of 7-0, the Board voted to approve the requested rezoning of approximately 58.86 acres from Agricultural (A-1) to Agricultural (A-2).

REZ07-06; Gerald W. Harlow and Cathy P. Harlow

Ms. Buckler indicated that this is another request for rezoning of one parcel containing approximately 9.99 acres from Agricultural (A-1) to Agricultural (A-2).  This is in the Green Springs Magisterial and Voting Districts.  The 2001 Comprehensive Plan designates this area of Louisa County as agricultural.  The adjoining parcels as well as the surrounding area is mostly that of large agricultural parcels with some smaller single family residential lots.  The neighborhood meeting was held and there was no one present at that meeting.  The development review committee met and forwarded a favorable recommendation on the rezoning request to the planning commission who again held their public hearing on June 8th and no one was present to speak during that public hearing.  The planning commission did vote to forward a favorable recommendation to the Board on the requested rezoning.  The application appears to conform to the 2001 Comprehensive Plan designation as agricultural and the rezoning would be in conformance with the surrounding uses and zoning.

During Board discussion Mr. Jennings raised the issue of the fees that had been charged and Ms. Buckler indicated that there was a request by Mr. Harlow for waiver of the fees from two of the applications.  

Mr. Barnes opened the public hearing for citizens comments and asked the applicants if they wished to speak.  Mr. Harlow indicated that this is a similar situation where properties were asked to be put into A-1 and some ended up in A-2.  Mr. Harlow indicated that this property was placed back  in the Beaver Dam Creek Agricultural Forestal District last year for another ten years.  Mr. Harlow informed the Board that he has asked for endorsement of a refund of some of the fees and since there was no reassurance that the refund would be granted he decide to go from A-1 to A-2.  Mr. Harlow said that he paid the fees that were quoted to him but then received a request for additional fees.  Mr. Harlow indicated that there is evidence in the Planning Department that these parcels were originally asked to be A-1.  With no citizens wishing to speak Mr. Barnes closed the public hearing and brought discussion back to the Board.

On motion by Mr. Havasy, seconded by Mr. Wright, which carried with a vote of 7-0, the Board voted to approve the requested rezoning of approximately 9.99 acres from Agricultural (A-1) to Agricultural (A-2).

Mr. Barnes asked if any board members wished to address Mr. Harlows refund request.  Mr. Havasy indicated that if there was a mistake it was made in Mr. Harlows favor and since he is benefiting financially by making the move from A-1 to A-2 he does not feel there should be a refund.  Mr. Gentry voiced his concern about the additional charges that Mr. Harlow had to pay from what he was quoted.  Mr. Wright indicated that when the initial rezoning was done the applicant was given ample time to decide how they wanted the property zoned.  

REZ08-06; Stuart L. Gentry and Steve Pavey

Will Cockrell, Senior Planner, indicated this request is for the rezoning of approximately 12.98 acres from Agricultural (A-1) to Residential General (R-2).  The applicants are Stuart L. Gentry and Steve Pavey.  The property is located on the north side of Rt. 208 (New Bridge Rd.) between Rt. 850 (Anna Coves Blvd.) and Windwood Coves Blvd.  This is in the Mineral Magisterial and Voting District.  The 2001 Comprehensive Plan designates this area of Louisa County as low-density residential in the Lake Anna Growth area.  The applicants plan to develop 7 to 10 residential lots should this rezoning be approved.  The adjoining properties are predominately R-2 with some A-2 and C-1 to the south.  Rezoning would conform to surrounding properties and the Comprehensive Plan.  It would not create an isolated district.  The public hearing was held on May 10th and there did not appear to be any concerns at that time.  The development review committee reviewed this application on May 24th and the committee voted to forward a favorable recommendation to the Planning Commission.  The Planning Commission held their public hearing on June 8th and the Planning Commission voted to forward a favorable recommendation to the Board with the proffers submitted.  The proffers were that the development of the property shall be for single family detached dwellings, the property shall not be developed for any other purpose, the maximum number of dwellings shall be nine, there will be a 25 foot buffer to be maintained along the exterior perimeter of the property adjacent to the lots of Windwood Coves and Lake Anna Coves subdivisions, as well as a 25-foot buffer along Rt. 208,  there will be only one access off of Rt. 208 and a minimum size of 1500 sq. ft. for each dwelling unit that will be accompanied by a 2-car garage.

In discussion by the Board Mr. Wright questioned a discrepancy in the acreage and Mr. Cockrell confirmed that the correct acreage was 12.98.  Mr. Wright further indicated that the Board was supposed to receive revised proffers and those had not been received.  Mr. Cockrell indicated that he was not aware of any changes to the proffers.  

Mr. Barnes thanked Mr. Cockrell and opened the public hearing for citizens comments and asked the applicants if they wished to speak.  Mr. Gentry and Mr. Pavey indicated that they were there to address any questions or concerns.  With no citizens wishing to speak Mr. Barnes closed the public hearing and brought discussion back to the board.  Mr. Wright indicated that there had been a previous request for rezoning across the road from this for C-2 Heavy Commercial and the Board denied them and indicated that this is more consistent and appropriate for the neighborhood.  

On motion by Mr. Harper, seconded by Mr. Wright, which carried by a vote of 7-0, the Board voted to approve the requested rezoning of approximately 12.98 acres from Agricultural (A-1) to Residential General (R-2), with the proffers submitted by the applicant.

REZ10-06; J.D. Williams and Swamp Bottom LLC

Mr. Cockrell informed the board that this request is for the rezoning of approximately 25.24 acres from Agricultural (A-1) to Agricultural (A-2).  The property is located on the west side of Rt. 625 (Chalk Level Rd.) approximately 1.2 miles north of Rt. 22 (Davis Hwy.).  This is in the Louisa Magisterial and Voting District.  The 2001 Comprehensive Plan designates this area of Louisa County as agricultural.  The nearest growth area is the Town of Louisa, southwest of the property.  The surrounding parcels are zoned agricultural (A-1) and (A-2).  The staff believes that the rezoning will conform to the surrounding properties and the Comprehensive Plan and will not created an isolated district.  There was no one present at the neighborhood meeting on this topic on May 10th.  The development committee met on May 24th and voted to forward a recommendation of approval to the planning commission.  The commission held a public hearing on June 8th and the commission voted to forward a favorable recommendation to the Board.  There are three proffers which are the maximum lot number will be eleven, all lots will access an interior subdivision road, the application will be using an undisturbed 50 ft. natural buffer easement along Rt. 625 (Chalk Level Rd.)and in addition the applicant will plant a buffer of Leyland cypress northwest to the outside of the natural buffer easement to supplement the screening of the natural buffer.  

Mr. Barnes opened the public hearing for citizens comments and asked the applicants if they wished to speak.  Mr. John Williams, Swampbottom LLC, and Michael Parrish indicated that they were here to answer any questions.  With no citizens wishing to speak Mr. Barnes closed the public hearing.  

On motion by Mr. Purcell, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board voted to approve the requested rezoning of approximately 25.24 acres from Agricultural (A-1) to Agricultural (A-2), with the proffers submitted by the applicant.

Amendments to or the creation of the following sections of the Louisa County Subdivision and Zoning Ordinances which will amend the definitions and district uses and the creation of new allowable uses and a definition for each permitted use.

-        Section 66-2 Definitions (Amend)
-        Section 86-2 Definitions (Amend)
DIVISION 2. AGRICULTURAL (A-1) DISTRICT
-        Section 86-62 Permitted uses Generally (Amend)
-        Section 86-63 Accessory uses (Amend)
-        Section 86-64 Permitted uses With conditional use permit (Amend)
DIVISION 2A. AGRICULTURAL (A-2) DISTRICT
-        Section 86-73 Permitted uses Generally (Amend)
-        Section 86-74 Accessory uses (Amend)
-        Section 86-75 Permitted uses With conditional use permit (Amend)
-        Section 86-80 Yard regulations (Amend)
DIVISION 3. RESIDENTIAL LIMITED DISTRICT (R-1)
-        Section 86-82 Permitted uses Generally (Amend)
-        Section 86-82.1 Accessory uses (Amend)
-        Section 86-82.2 Permitted uses with conditional use permit (Amend)
DIVISION 4. RESIDENTIAL GENERAL DISTRICT (R-2)
-        Section 86-101 Statement of intent; policy guidance (Amend)
-        Section 86-102 Permitted uses Generally (Amend)
-        Section 86-102.1 Accessory uses (Amend)
-        Section 86-103 Permitted uses With conditional use permit (Amend)
-        Section 86-108 Yard regulations (Amend)
DIVISION 5. LIGHT COMMERCIAL DISTRICT (C-1)
-        Section 86-122 Permitted uses Generally (Amend)
-        Section 86-122.1 Permitted uses With conditional use permit (Amend)
DIVISION 6. GENERAL COMMERCIAL DISTRICT (C-2)
-        Section 86-142 Permitted uses Generally (Amend)
-        Section 86-142.1 Permitted uses With conditional use permit (Amend)
DIVISION 8. RESORT DEVELOPMENT DISTRICT (RD)
-        Section 86-179 Permitted uses Generally (Amend)
-        Section 86-179.1 Permitted uses With conditional use permit (Amend)

Mr. Cockrell provided an overview of the uses and definitions revisions, which are hoped to be more understandable by all users.  Mr. Cockrell reviewed the use matrix which has definitions of all the listed uses and expands the number of uses in the ordinance.  The use matrix shows the changes made and breaks them down into simple terms.  Mr. Cockrell informed the Board and public that this matrix as well as the definition of uses is on the Louisa County website for reference.  Mr. Cockrell reminded the Board this presentation was just to get public input and does not have to be acted on tonight.  

Mr. Purcell noted that under agricultural in the matrix agricultural is generally a by-right use in A-1 and A-2 and then agricultural enterprise is a conditional use under A-1 and A-2 and wanted to know if that meant that anyone selling agricultural products or produce from their property would need a conditional use permit.  Mr. Cockrell indicated that agricultural products could be sold at a wayside stand or a small market on the property and agricultural enterprise references a more intense use with a higher impact commercial use.  Mr. Purcell noted that mineral extraction was a use in agriculturally zoned property and has now been moved over to industrial and the term mineral extraction has been changed to resource extraction and requires a conditional use permit in A-1.  He had been told that the planners thought it would be a by-right use in A and asked if he was misinformed on this issue.  Mr. Cockrell indicated that the term resource extraction was more encompassing and captured more of the uses beyond mineral extraction.  It was decided that a lot of the existing mineral extractions in the county now are already CUPs and if those were rezoned as A-1 they could still continue on without any change at all.  Mr. Purcell asked if resource extraction included water and Mr. Cockrell indicated that he did not think it included water extraction but he will check into it.  Mr. Wright asked for a better definition on what constitutes dairy cattle in agricultural in A-1 and A-2.   Mr. Harper indicated that this is a great reference, but quested that in an A-2 lot you can put horses or cattle and then a house could be built 75 feet from you and asked how he propose that be addressed.  Mr. Cockrell indicated that this could be addressed in the definition under agricultural uses indicating that you can only have livestock if you have a certain size lot.  Mr. Barnes indicated he is concerned with having private shooting ranges on A2, which are 1˝ acre lots, and feels this needs to be revisited.

Mr. Barnes reminded that everyone that comprehensive plan and definitions are only on the agenda to receive public input and there will not be an official vote tonight.  

Bruce Martin, Mineral District, praised the County on the website which makes this information readily available to the average citizen, however he feels that there needs to more advertising directing the public to the website.  Mr. Martin also complimented the Planning Commission for having the foresight to preserve the rights of a property owner in the zoning definitions to enjoy his property for recreational shooting without infringement.  Mr. Martin acknowledges that Louisa County is growing and we are embracing the developers coming in with smaller lot sizes and houses closer together.  He understands Mr. Barnes concerns but feels that when shooting, the safety of the impact area is what needs to be secured not necessarily the lot size.  A lot of the concerns with these development are met in the subdivision covenants and if the development is in a more densely populated area then perhaps these should be classified as R1 or R2 and add this restriction to those classifications.  Mr. Martin said he strongly feels that A1 and A2 should remain as they are since this is a tradition that has been enjoyed and handed down from father to son since the incorporation of Louisa County.  The old plan took away property owner rights and the new definitions support the owners rights.  Mr. Martin also questioned the definition of outside gathering which links together music and entertainment festivals without side gatherings and allows up to 200 people by-right without a CUP.  He feels that 200 people is an excessive number of people to have gather on a regular basis without a CUP.    

Mr. Charles Purcell, Patrick Henry District, thinks the committee has done a good job, but asked the Board to take a look at a few definitions which were of concern to him when he first read them.  First Mr. Purcell noted the industrial classification into heavy, light and medium and he doesnt understand how you can go back on a property that is already zoned and put it into one of these three classifications, particularly with the way it was done when it was zoned which was to exclude certain uses by proffer.  The definition of a vegetative buffer indicates that it acts as an effective visual and audible buffer, and Mr. Purcell questions who decides what is effective and what isnt.  The mini warehouse definition says you have to have a separate entrance for each cubicle and that is not the way they are designed, they are designed with a road and an area that goes into each cubicle but they do not have a separate entrance.  Lastly the way the resource extraction reads it is not limited to mining and does include water and you want to be able to have water extraction in C-1 or C-2 zoning.  

With no additional citizens wishing to speak Mr. Barnes closed public hearing and brought discussion back to the Board.  Mr. Purcell indicated that he worked with long range planning committee and it was an exhausting task that in the beginning he wasnt sure it was a task worth doing, however after seeing the process and the quality of the discussion it was a task worth doing and he is looking forward to take a further look at it before it comes back to be voted on.  Mr. Gentry said that this was very intense process that took a lot of effort and thanked the committee for their hard work.  Mr. Barnes asked Mr. Cockrell and Ms. Buckler to make sure that when we do advertising we include “See website for additional information” since many of our citizens are using the website for information.  Mr. Lintecum added that we could also reference this in the next county newsletter as well.

COMPREHENSIVE PLAN

Mr. Barnes informed the citizens that there will not be an official vote on the Comprehensive Plan tonight; rather this is to get feedback from the general public.  Discussion will be in reference to the amendments to the Louisa County Comprehensive Plan as a result of the five year review which included modifying the countys growth areas, referencing the countys shoreline management regulations for Lake Anna, and updating the housing statistics and affordable housing goals.

Mr. Cockrell referenced slides which showed the proposed changes to the comprehensive plan.  The state requires that this be addressed every five years to update and adjust for the next twenty years.  These changes reflect the Boards requests for direction in shoreline management, affordable housing and growth areas.  Mr. Cockrell explained the changes that were made in these areas.  The changes to affordable housing adds and recognizes the Affordable Housing Committees proposals.  The statistics on housing were also updated.  The vision for growth areas was changed to be more consistent.  Mr. Cockrell indicated that the changes to this document and the referenced maps are available on the website.  Mixed use areas, which is defined as a project that integrates a variety of land uses, includes residential, office and commercial services and employment in a compact urban form.  These areas would get greater scrutiny by the Planning Commission and the Board.  Sections were added regarding the rural areas as the existing plan does not acknowledge the rural areas as it should.  Shoreline Management includes restrictions on the lake to preserve public safety and water quality.  Mr. Cockrell showed a power point presentation which visually showed the changes to the Comprehensive Plan.  Mr. Cockrell indicated that a public open house on June 23
rd resulted in added revisions and after a review by the Planning Commission and a second work session the latest revisions were made.  Mr. Cockrell noted that changes are still being made to this last draft.  Mr. Cockrell clarified that having the Trevilian Battlefield on the map was only to acknowledge that it was there because some citizens indicated that these areas are not acknowledged enough.  This acknowledgement is not to propose any land use policies or changes for this area.  Mr. Cockrell indicated that there are still changes being made and this can be changed if needed.  Mr. Cockrell continued to show the differences with the most recent changes that were implemented.  Mr. Cockrell informed the Board that surrounding counties were contacted to make sure the Comprehensive Plans were consistent with each other.  Fluvanna is currently updating their plan but other surrounding areas line up well with our plan.

In discussion following the presentation, Mr. Wright commented that the Comprehensive Plan should be general and found some things to be specific and also noted that Board members need to receive color maps, as the uncolored maps are difficult to read.  

Mr. Barnes thanked Mr. Cockrell for his presentation and opened the public hearing for citizen comments.

Dale Hottinger, Patrick Henry, indicated that his parents have owned land in the Battlefield all his life and they tried to get a cell tower before and the battlefield group opposed it.  If this land is included in the county plan as shown it can be used to prevent further growth.  Mr. Hottinger said that he had always thought historic preservation was a good thing, but after meeting with Mr. Harlow this has become something the family was burdened with.  Now they are restricted to a point that they are not allowed to do what they wish with their property.  Mr. Hottinger asked the Board that only the land that the Battlefield owns be included in the plan.  Mr. Hottinger indicated that it was presented to him that Mr. Harlow would be contacted regarding any cell phones towers or development in that area.  Mr. Hottinger asked the Battlefield for a list of members and after this was not received he inquired with Mr. Harlow who told him that under IRS regulation they were not required to release this information.  Mr. Hottinger later asked for an application for membership and this has never been received as well.  Mr. Hottinger feels that this organization operates too privately and is too exclusive.

Eddie Hottinger, Patrick Henry, voiced his concerns about the future land use map and what restrictions may come on what a landowner can and cant do with their land under the Battlefield designation.  Mr. Hottinger said he respects what the Battlefield group has done, but this map is loosely done and does not reflect the Battlefield property correctly.  Mr. Hottinger urged the Board to take into consideration the landowners rights as well as those of the Battlefield.

Sadie McLoughlin, Louisa District, indicated her concern about the Battlefield designation and agrees with the concerns of the Hottinger family.  Ms. McLoughlin does not want any designation that restricts her and her neighbors.  Ms. McLoughlin said she has lived there happily, has never caused any problems and does not want to be restricted.  She further noted that she does not want to lose her freedom and asked the Board to take into consideration that they do not want any more restrictions then they already have.  Ms. McLoughlin feels that it is time for people to stop thinking about the Civil War all the time and start loving each other and get along and live together in harmony.  Ms. McLoughlin urged that Board to let people have their piece of land to do with what they want.

Avis Brown, Louisa District, indicated that she is one of the generations that will be taking over a large portion of land in the future and is concerned that they will have some type of restriction placed on them.  Ms. Brown wants to continue to have her freedom and wants to pass this freedom on to her children.  Ms. Brown feels that the Battlefield has perpetuated negative feelings where there has always been a positive environment.

Jamie Daniel Sr., Cuckoo District, referred to the map that was printed in the paper and came in support of the five areas noted.  He voiced his support of the hotel in Zion Crossroads and the residential expansion in Boswell Tavern, the Town of Mineral, the Town of Louisa, Lake Anna, Gum Spring and the eastern part of Louisa.  Mr. Daniel indicated that he came to congratulate the Planning Commission and the Board of Supervisors on the designated plan.  Mr. Daniel said that he first came to Louisa in 1953 when it was Sleepy Hollow and now things are looking up and getting brighter.  

Thomas McGhee, Louisa District, urged the Board not to allow the restrictions that have occurred in the Green Spring area to occur in the areas noted.  His property adjoins the Battlefield area and asked that they not allow them to implement the same restrictions as they have before that prevented families from passing down property.    

Bruce Martin, Mineral District, questioned the definition of very low density in the A-1 and A-2 which indicates half acre lots.  Mr. Martin feels this is extremely high density and that this opens the door of interpretation to the Board of Supervisors and the Planning Commission.

Mary Johnson, Cuckoo District, indicated that she is with Bells Surveys and served with the Planning Commission on this project.  Ms. Johnson had brought an issue up in the committee meeting that was overlooked regarding the Lake Anna growth area and the Cut Along project.  Ms. Johnson provided a map of this area for reference.  She had a property owner ask her to represent her in putting her property as a common sense location and to be put into regional service for future commercial use.  Ms. Johnson asked the Board to consider this as they are looking at the Comprehensive Plan and the growth areas.  Ms. Johnson also indicated that there is a storm water management ordinance that requires strict control in the drinking water reservoirs and asked the Board to consider defining the open area with a 100 buffer which is consistent with the Chesapeake Bay Act.  Ms. Johnson also suggested that the Board may want to consider adding some of the language that is found in the Introduction of the Comprehensive Plan to paragraph two in section five, which allows the Board to revise and change any portion of the Comprehensive Plan.  

Gerald Harlow, Green Spring expressed his concern on the Rt. 250 mixed-use corridor and feels that this is a bad idea.  Mr. Harlow said that he does not feel that we need to encompass the entire road all the way from Goochland County to the Fluvanna County line.  Mr. Harlow noted that there are a lot of family farms and private land and feels other areas should be fully developed first.  Mr. Harlow indicated that the green designation is low density and the yellow designation is also low density and this is confusing.  Mr. Harlow feels that although the paper references that five percent of the county was designated for growth, however 90% of the land is agricultural and with the 18 lots by-right in any A-2 zoning the whole county opens up for growth.  Mr. Harlow indicated that the Comprehensive Plan will not be able to do anything to direct the growth as long as this continues.  Mr. Harlow questioned what is low-density in the Zion Crossroads area and are they going to allow these subdivisions that already exist break up into smaller lots and rezone those lots even smaller.  Mr. Harlow voiced his concern that the Comprehensive Plan can be used to justify the need to expand water and sewer because of the way it is designated.  Mr. Harlow acknowledged that there is a tremendous amount of request for housing in this area, but the land is still in large tracts and in family farms and forestry and doesnt want to see people being pressured to break up their property.  These yellow areas need to be more defined and this cant be supported in these areas.

Randy Tingler, Louisa County, voiced his appreciation for all the work that has gone on to put this together.  Mr. Tingler feels that there needs to be clearer wording that the Board has the authority and flexibility to make changes that are in the best interest of the county.  The green zone around drinking water lakes is not defined properly for him to give his support or not, but agrees with the 100 foot buffer designation.  Mr. Tingler indicated that he agrees with the growth areas as planned but feels this could be a little wider around Louisa and a little broader down the interstate.  Mr. Tingler said there has been a lot of discussion about changes in A-2 zoning if this plan goes into affect and this plan is based on infrastructure and hopes the Board is prepared to implement the infrastructure to support the changes.  

Agnes Sturgeon, Louisa County, concurs with what has been said about the Battlefield and doesnt feel that it is fair to families who will be coming into land to be restricted on what they can and cannot do.  Ms. Sturgeon urged the Board not to put a damper on families who are coming into family land and will be coming back to Louisa to build.

Charles Purcell, Patrick Henry, commended the Planning Commission and the Board on the tremendous amount of work that has been done.  Mr. Purcell feels a thorough job has been done on growth areas and this is needed to manage growth.  Mr. Purcell said that he feels leaving only 5% of the county designated for growth is too small and feels that the growth areas should be expanded.  Mr. Purcell agrees that areas designated to the Battlefield should be limited to the land they own.  Mr. Purcell indicated there are two areas that need to be expanded, Rt. 604 Foster Trail Road which should be a mixed use or low density residential area and Rt. 632 and Rt. 208 down to the Harris Creek area which is not designated at all and is consistent with being low-density residential and Rt. 632 would be an excellent area for some of the affordable house the county wants.  

Todd Chisholm, Louisa County, said he feels the Board should have the ability to adjust the parameters of any wording in the plan regarding growth issues to allow them to consider a good plan brought to the table by a planner.  

Dale Turner, Patrick Henry, thanked the Board for their time and work.  Mr. Turner indicated that he lives in a part of the Trevilian area that has been designated and also has land in the Louisa district.  Mr. Turner said that they have been good neighbors with the Battlefield and things have worked well, but he is also nervous about designating most of the land in the battlefield area.  Mr. Turner feels that if the Battlefield is designated on the map that it should only include the land they own as he doesnt want something to get written in stone that shouldnt be.

Donald Lloyd, Manakin Sabot, questioned the definition of low density and asked that some better definition be made.  Mr. Lloyd indicated that he was visited by a Bowling Green developer about growth in the Gum Spring area.  The developer informed him that it is his understanding that it take 900-1000 acres to make a mixed use area profitable.  The developer thought it would be an easy road, but these people have been there for along time and there was no desire to do anything with it.  Mr. Lloyd questioned whether it was necessary to extend that zoning up to Owens Creek Road.  He acknowledged that the Gum Spring area is going to start growing and wants the county to be prepared for the new people coming into Louisa that will require paid fire and rescue.

Mr. Barnes closed the public hearing and thanked everyone who attended.  Mr. Purcell thanked everyone from his district for attending and he agrees that the battlefield should only be shown in relation to the property they own.  Mr. Purcell said that a lot of good information has been received and commended the Planning Commission for doing a good job.  Mr. Havasy commended all the people involved and feels that the next time the comprehensive plan comes up that more people need to be involved as this is the peoples plan and the public should be more involved.  Mr. Wright said a lot of work was done on growth in Gum Spring, but ultimately the landowners make the final decision on growth and whether or not they will sell.  Mr. Gentry thanked everyone for all the input and stressed the importance of receiving this information.  Mr. Harper indicated that this is a great document that has been created and the people trust us to do what we have said.  Mr. Jennings thanked everyone for attending and stressed the importance of input by citizens.  Mr. Barnes said that it is always good to have citizens input and he was asked by a few citizens to put their input on record which includes an email from Mr. David Stone, a letter from Mr. William Hill and a citizens petition regarding the Rt. 250 corridor.  Mr. Barnes voiced his support on the Comprehensive Plan including a statement giving the Board flexibility.  Mr. Barnes also voiced his support of protecting the 250/Ferncliff corridor and of the 100-foot buffer.  Mr. Barnes asked the board members to send tweaks and concerns to the Planning Department so they can work on them.  Mr. Barnes stated that as these changes get made they will be on our website and we will try to make sure that document is readily available to those who do not have Internet.  Mr. Barnes thanked all the citizens for their attendance and input.  Mr. Barnes stated that they will try to get a vote on the Comprehensive Plan at the first meeting in September.

APPROVAL OF MINUTES


Mr. Gentry indicated that under CUP04-06 the statement that reads “Mr. Gentry indicated that he would support any tower concept until the county plan is done”,  should read “he would
not support.”

        On motion of Mr. Wright, seconded by Mr. Havasy, which carried by a vote of 7-0,  the Board adopted the minutes of July 5, 2006 with the change indicated.

ADJOURNMENT

On motion by Mr. Jennings, seconded by Mr. Wright, which carried by a vote of 7-0, the Board voted to adjourn the August 1, 2006 regular meeting at 9:20 p.m.



BY ORDER OF


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