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September 6, 2005
5:00 P.M.



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

*Dr. Morgan arrived at 5:04 p.m.
Others Present: C. Lee Lintecum, County Administrator; Ernie McLeod, Deputy County Administrator; Patrick Morgan, County Attorney; and Mary Jackson, Deputy Clerk


CALL TO ORDER

Chairman Barnes called the September 6, 2005 regular meeting of the Louisa County Board of Supervisors to order at 5:00 p.m. Mr. Wright led the invocation, followed by the Pledge of Allegiance to the flag.

APPROVAL OF BILLS

Mr. Gentry said that he would like to abstain from a reimbursement check pertaining to him.

Mr. Jennings said that he would like to abstain from a check pertaining to his daughter that is listed under Parks and Recreation.

Mr. Wright explained to the Board that he had questioned Ernie McLeod, Deputy County Administrator, about the expense listed on page 2 under the Juvenile Probation Office for $5,433.44 to confirm if this fee was for one individual and what period of time it covered, which Mr. McLeod responded saying that it covered one individual and covered a twenty-nine day period.

On motion of Mr. Jennings, seconded by Mr. Gentry, which carried by a vote of 6-0, with Mr. Gentry abstaining from a check pertaining to him and Mr. Jennings abstaining from a check pertaining to his daughter that is listed under Parks and Recreation, a resolution was adopted approving the bills for the month of August 2005, for the County of Louisa in the amount of $890,331.36.

*Dr. Morgan arrived at 5:04 p.m.

CONSTITUTIONAL OFFICERS

Sheriff Fortune provided an update to the Board on the activities that took place in the Sheriffs Department during the month of August. Sheriff Fortune identified the amount of warrants, civil papers, and traffic summons that were served during this time. He went on to state the amount of calls that they received for the month and the types of calls they responded to. Sheriff Fortune informed the Board that they had arrested and are charging three individuals with felony charges for three of the churches that were recently burglarized.

Mr. Wright asked if there was anything showing that the individuals that were arrested are involved with any of the other burglaries other than the church. Mr. Gentry asked what happened with the two cases for dumping litter on highways. Mr. Jennings questioned if the Sheriffs Department had any plans for September 11, 2005 and how they are working to handle Hurricane Katrina.

In response to the Boards questions, Sheriff Fortune replied that there isnt anything linking these individuals at this time, but the investigation is still ongoing. Sheriff Fortune replied that the deputies caught someone and made them return to pick the litter up. Sheriff Fortune replied that they have been contacted in regards to Hurricane Katrina, which they have been involved with several conference calls. Sheriff Fortune said that if it were requested, then they would send individuals to assist. Sheriff Fortune stated that they would be out of town on September 11, 2005, but the Methodist Church is having a 9-11 Program on Sunday morning.

CITIZENS INFORMATION PERIOD

Anthony Lynch, Green Springs District, Dogwood Lake Property Owners Association President, informed the Board that he was here this evening to speak with them about the water supply in their area that share the same water table as Bowlers Mill Lake. Mr. Lynch expressed his concerns about the use of Bowlers Mill Lake for so many homes and businesses and the impact that it would have to their ground water supply. Mr. Lynch urged the Board to halt their project until detailed studies could be performed on the constant water table and the possible effect on the existing wells in the area.

Harry Jackson, Patrick Henry District, informed the Board that he was here this evening to speak with them about the Trevilian Station Battlefield Foundation (TSBF). Mr. Jackson stated that this County has gone out of their way to support and back the TSBF in their endeavor to gain money to procure the battlefield land. Mr. Jackson said that the TSBF stood before the Board on twenty-one different occasions telling them that they were going to build a battlefield park or a state park, which they have no intentions of doing either one. Mr. Jackson explained to the Board that the TSBF is currently working on a deal with the Game and Inland Fisheries to lease the battlefield property for ninety-nine years for a game preserve. Mr. Jackson said that under the Freedom of Information Act the Game and Inland Fisheries have not responded to his request. Mr. Jackson pointed out that the TSBF stands to gain five to six million dollars a year and urged the Board to look into this matter.

Joseph Jarvis, Green Springs District, stated that he would like to go on record stating that he is opposed to any more monies being spent by the Board with regard to supplying water to the Spring Creek Development located in the Zion Crossroads area. Mr. Jarvis said that ever since the power plant went on line around two years ago, the lake has depleted substantially. Mr. Jarvis questioned who was looking out for the residents of Louisa County.

ADOPTION OF THE AGENDA

Mr. Purcell said that he would like to add the TSBF as a topic for discussion.

Dr. Morgan said that he would like to add Bowlers Mill Lake for use of water as a topic for discussion.

Lee Lintecum, County Administrator, said that he would like to add a request from Brunswick County as a topic for discussion.

        On motion of Mr. Gentry, seconded by Mr. Wright, which carried by a vote of 7-0, the September 6, 2005 agenda was adopted as amended.

PRESENTATION

VDOT Monthly Update

Milton Thacker, VDOT Resident Administrator, summarized VDOTs current maintenance activities to the Board saying that they responded to the railroad derailment on Route 628 (Fredericksburg Avenue), crews continuing their mowing operations on secondary roads, implemented a team to daylight signs throughout residency on both primary and secondary roads, replaced a major pipe on Route 33 east of the Town of Louisa. Mr. Thacker introduced Ricky Moore as their new Transportation Operations Manager. Mr. Thacker said that Tiger Teams of VDOT employees are on standby for possible deployment to the hurricane damaged areas. Mr. Thacker identified VDOTs current construction activities saying that surface treatment crews are in the area and that they need to review their Secondary Six Year Program together, which he would like to hold the public hearing during the mid month meeting of October for public suggestions. Mr. Thacker informed Mr. Purcell that the centerline striping on Route 628 (Bibb Store Road) is still on schedule and for Route 644 (Mt. Airy Road). Mr. Thacker informed Dr. Morgan that the speed limit on Route 660 (Red Hill Road) has been reevaluated and will be reduced to 40MPH. Mr. Thacker identified VDOTs general activities as their planning staff having met with developers to review the proposed Cutalong Project to work all of the details out, submitted several items for review in the Cuckoo District to Traffic Engineering, and provided information in response to a Freedom of Information Act request regarding the TSBF.  

Dr. Morgan said that he would like to follow up with a question that Chairman Barnes had asked awhile back pertaining to the intersection of Route 15/250 where it had been deemed safe for tractor-trailers to make u-turns. Dr. Morgan said that he would like to have this evaluated again before they experience problems.

Mr. Thacker replied that he would resubmit this for consideration.  

OLD BUSINESS

Trevilian Station Battlefield Foundation

Mr. Purcell provided handouts to the Board of the information that Mr. Harry Jackson was able to obtain, which included a memorandum of understanding between the TSBF and the Virginia Department of Game and Inland Fisheries (DGIF). Mr. Purcell explained that Mr. Jackson had requested a meeting with him to resolve some questions with regard to the intent of the TSBF of what it was designed to do and whether or not it is doing what it was designed to do. Mr. Purcell pointed out that members of the TSBF had asked for money from the Board of Supervisors to purchase property for creation of a battlefield park. He said that Mr. Jackson has expressed concerns about the property being used as a hunting ground and worries if it will always be this way. Due to this, he published such an article in the paper, which received a published response. Mr. Purcell said that he has been approached by several of his constituents regarding this matter, which he felt it was his responsibility as a government official to investigate the matter further. Mr. Purcell said that many concerns have been expressed about how the TSBF intends on utilizing the property in the future saying that it is not in keeping with the original purpose of purchasing the property. Mr. Purcell said that these allegations are serious when one solicits funds under false pretenses. Mr. Purcell said that he addressed a letter to the TSBF addressing the concerns that have been identified, which he still has not received a response to this day even though both Mr. Harlow and Mrs. Stiles promised him a response. Mr. Purcell said that when he met with Mr. Jackson for the second time he was presented with information that corroborates what he said with the first document saying that the TSBF plans to sell numerous parcels to the DGIF for a total of 345 acres at $793,270, which is scheduled to go to closing by September 30, 2005. Mr. Purcell said that item five stated that the TSBF would lease all of its remaining land, totaling 1,172 acres to DGIF for a ninety-nine year term to create a Wildlife Management area. Mr. Purcell said that the problem he has with this is that no one ever came to the Board saying that they wanted money for a Wildlife Preserve, Hunting Preserve, or for a Game Management area; however, they did approach the Board for funding to preserve the battlefield area and create a battlefield park. Mr. Purcell said that he would like to have a letter sent from the Board to DGIF asking them to cease all discussions with this group.

The Board discussed this topic in great detail with Dr. Morgan pointing out that they had talked about having the TSBF come before them to identify their Master Plan, which has not occurred. Dr. Morgan said that he would like to have the Memorandum of Understanding between the County and TSBF because the last reading he had of this document was to preserve the land where the battlefield took place. Dr. Morgan said hunting is actually a big economic generator in the state of Virginia. Dr. Morgan said that even though the land would be under the control of the DGIF, not all of it would be utilized for hunting. Dr. Morgan said that he understood that there would be historical interpretation available. Dr. Morgan said that although the land would be under the control of DGIF, they would not all be used for hunting, but would have some land set aside for museums and other opportunities for the driving tour. Mr. Gentry said that he is somewhat shocked about what he is reading right now because he had attended the TSBF meetings for the last two months. Mr. Gentry said that one of the meetings they addressed the letter from Mr. Purcell and the second one consisted of some of the same information. Mr. Gentry said that he had informed that Board that he had heard they were building a hunting preserve, which he advised them that the Board of Supervisors wanted to them head in the direction of tourism by having a museum that would be to the benefit of the County. Mr. Gentry pointed out that this agreement is dated March 17, 2005, which was not discussed at either of the meetings that he attended. Mr. Wright said that the Board had requested TSBF to present their Master Plan, which he would like to designate a date for them to respond. Mr. Wright said that he would like to get Pat Morgan, County Attorney, involved to review their Memorandum of Understanding. Mr. Harper said that he agrees with Dr. Morgan and Mr. Wright and suggested that they add this to their agenda for the September 19, 2005 meeting to have the TSBF present their Master Plan and address the Boards concerns. Chairman Barnes said that he shares some of the same concerns that Mr. Purcell talked about pertaining to the sale of the properties, which he feels that the citizens of Louisa County should be reimbursed for the share that the Board contributed for them to get grants. Chairman Barnes said that he feels that it is a smart move on TSBFs part to get someone to professionally manage the battlefield if that is what they are going to do. Chairman Barnes said that Mr. Morgan had sent a letter asking about Mr. Jacksons editorial, which has now been misconstrued as the Boards position since he was only inquiring about the subject. Chairman Barnes said that he has supported the request from the TSBF every time based on historical preservation, museums, and things of that nature, which he would be disappointed if there is not a museum created. Chairman Barnes directed Mr. Lintecum to contact the TSBF to have one of their members attend to address the Boards questions and present their Master Plan. Chairman Barnes said that action has to be taken to find out if this letter of memorandum is still in place because if a sale is near, then they need to made aware of this. Mr. Wright said that it was his understanding that the mortgage on this property was $1,793,000, which they would reduce the mortgage to $1,000,000 if they were to sell this property. Dr. Morgan said that they currently do not know what the TSBF obligations are. Dr. Morgan said that if any of this money could be earmarked for cannons or a museum, then he feels it would be utilized appropriately. Mr. Purcell requested all of the tapes from past Board meetings for the last three years for any meeting that the TSBF spoke at and the appropriate contact information for DGIF.        

Bowlers Mill Lake

Dr. Morgan said that he wanted to address some of the concerns about Bowlers Mill Lake that were brought up by residents of Dogwood Lake. Dr. Morgan said that he has heard comments from several constituents ever since this decision was made. Dr. Morgan said he would hope that once the Board receives the capacity and impact studies there would be an opportunity to present this information in an open forum and have the opportunity to discuss it before they proceed any further.

The Board discussed this topic in great detail with Mr. Purcell asking if there were any way to have research done by Mr. Morgan to verify when this property was original purchased, why it was purchased, and what the intent was for the property because he feels that this is an important fact and that the citizens should have been made aware of these intentions when they purchased their property. Mr. Wright said that since he has been on the Board, the only restriction that he has been made aware of was that Gordonsville reserved the right for 10% of the capacity from Bowlers Mill Lake. Chairman Barnes expressed the need to educate the citizens so they are aware of the intentions for this service area. Chairman Barnes said that he would also like to make the citizens aware that the Boards intention has always been to utilize the James River. Chairman Barnes emphasized that it has always been the Boards intention to look out for the citizens of Louisa County. Dr. Morgan said that he would like to have the information publicized as they receive it to avoid any misinformation from taking place in the future.  

Brunswick County

Mr. Lintecum explained to the Board that he received an email from James Campbell, Executive Director for Virginia Association of Counties, stating that Brunswick County has challenged every County in Virginia to match their contribution of $25,000 to assist with the Hurricane Relief Fund. Mr. Lintecum said that VACO estimates that if every County in Virginia were to make a similar commitment, then the counties in Virginia could raise $2.5 million.

The Board discussed this topic with Chairman Barnes saying that he would hope that if Louisa County ever experienced such a situation that they would have someone come to their aid. Mr. Wright said that he feels very strongly that Louisa County is very blessed and would support making this donation to assist these efforts. The Board unanimously agreed that this was one of the largest catastrophes that the United States has ever experienced.        

On motion of Mr. Wright, seconded by Mr. Purcell, which carried by a vote of 7  0, a resolution was adopted to donate $25,000 to assist with the Hurricane Relief Fund.

Discussion - Longevity House

Chairman Barnes reminded the Board that they had asked Mr. Lintecum to send letters to the Historical Society and other groups to see if there was an interest in using the Longevity House. Mr. Wright said that he had a discussion with Mike Seaton of the Louisa Historical Society a couple of weeks ago, where he had suggested that he might contact them. Mr. Wright said that he did not realize that under the surface of what they see on the siding that is there now is an old log house that dates back to as much as two hundred years. Mr. Wright said that there is a lot of history behind this house, which Mr. Seaton thought it would be nice if they could move the structure to where the New Louisa Town Center is going and put it back to its original state. Dr. Morgan said that he had spoken with Mayor Charles Rosson in an unofficial capacity about this and he was extremely interested in pursing this. Dr. Morgan said that there might be grants available to assist them financially in preserving this structure. Mr. Gentry said that this property goes back to the original Harris Plantation and he would like to look at this very seriously. Chairman Barnes asked Mr. Lintecum to obtain pricing to move the structure and restore it. Mr. Wright said that he would like to have Mr. Lintecum work with the Louisa Historical Society and the Town of Louisa to see if there are any grants available for this kind of work.

Discussion - Sliding Scale Option for Land Use Protection

Mr. McLeod explained that the Board had asked in May to have someone take a look at this program and let them know the feasibility of it and whether or not it would be something they would want to pursue. Mr. McLeod said that this is a program that would encourage landowners to keep their property in some kind of usage. Mr. McLeod said that there are two different plan options with one being five to ten years and the other ten to twenty years. He said that this would be available for properties that qualify for land use assessments through a written agreement. Mr. McLeod said that taxes would be deferred for individuals that participate in this program and once the agreement has been fulfilled, the taxes would be waived. Mr. McLeod said that Loudoun County currently offers two different programs with one being the five to ten year program that provides a 50% deferral on taxes and the ten to twenty year program would provide them with 99% deferral on taxes. Mr. McLeod said that Loudoun County advertises each year to let the citizens know about the program, which initially created an administrative backlog when the program was announced from individuals calling to inquire if they qualified. Mr. McLeod said that there were other localities mentioned in May about whether they participated or not. Mr. McLeod said that it appears as though three of them never considered adopting it and the fourth did not see the need to have any other kind of programs. Mr. McLeod pointed out that if this program were initiated in Louisa County and had the same level of participation as Loudoun County, there would be a tax revenue loss of $41,522.54 based on the 30,000 acres that could qualify.

The Board discussed this topic in great detail with Mr. Wright saying that he understood Mr. McLeod to say that if a parcel is in land use then they would not be able to remove it within the identified period of time, but in talking with Nancy Pleasants, Commissioner of Revenue, he learned that if an individual were to divide the property to create a subdivision prior to the expiration date, then they would be responsible to go back to the effective date and pay the roll back taxes along with a 10% penalty and interest on the taxes. Dr. Morgan asked if the current discount was 40% for anyone participating in land use.  Dr. Morgan asked if the 50% that he referenced was for the residual amount that the landowner would owe after his current land use deduction or if it was 50% of the entire value of what they would owe. Dr. Morgan asked if an individual who withdrew from the program early would be responsible to pay the maximum five-year roll back or if they would owe the entire amount. Mr. Purcell asked what type of provision this sliding scale have for an adjoining property owner should someone decide to enroll in this program for twenty years. Chairman Barnes explained that he had asked Mr. McLeod to look into this to help individuals that want to keep their land in agricultural production as an incentive for them to keep it in the program. Mr. Gentry said that he would like to have a map that reflects where all of these areas are located within the County. Mr. Wright said that he would like to know what numbers they would be looking at if they were to consider a discount at 35% or 40%. Chairman Barnes asked Mr. McLeod to email these numbers to the Board.  

In response to the Boards comments, Mr. McLeod said that an individual would have to pay the full taxes if they were to cancel the agreement prior to its expiration date. Mr. McLeod said that he was not aware of any penalties, but he would look into it further. Mr. McLeod said that he would have to email the Board on what the current discount was for land use. Mr. McLeod said that his chart was based on all of Louisa County reflecting what they could anticipate as loss of revenue if they participated in this program. Mr. McLeod said that if an individual were to withdraw from the program early, then they would be responsible to pay taxes for all of the years. Mr. McLeod said that he is not aware of any impacts this would have on an adjoining property owner.

NEW BUSINESS

Resolution - Approving Consent to Assignment and Change Control for Cable Service in Louisa County

Kenneth Dye, Comcast Director of Government Affairs, informed the Board that they are excited about the possibility of expanding their involvement with the County of Louisa. Mr. Dye said that they currently offer services in a small portion of the eastern end of the County. Mr. Dye said that if it is the will of the Board, then they are looking forward to transferring the Adelphia franchises to Comcast operation.

The Board discussed this topic with Mr. Wright asking if this change would have any impact on what Adelphia is currently doing now since they agreed to provide a free channel for the High School Media Department to use, which he wants to ensure that this is still going to be part of the agreement. Mr. Gentry asked if it were necessary to modify the resolution to include what Mr. Wright has said.

Mr. Dye responded that with these types of transfers, the new company maintains the obligations of the franchise holder. Mr. Dye said that there are 151 Adelphia franchises in Virginia that will become Comcast franchises. Mr. Dye requested the Board to not modify the resolution due to the complexity of this transfer.    

On motion of Mr. Wright, seconded by Mr. Purcell, which carried by a vote of 5-1-1, with Mr. Gentry voting against and Dr. Morgan abstaining since he is a shareholder with Comcast, a resolution was adopted approving consent to assignment and change of control for cable service in Louisa County from Adelphia Cable to Comcast Corporation.

Community Development Bond - McGuire Woods LLP

Bonnie France, Public Finance Representative for McGuire Woods, began her presentation by telling the Board that the CDA Act was added to the Virginia Water and Sewer Authorities Act, which allowed them to create the Community Development Authority (CDA) as part of the Water and Sewer Authorities Act that was done in 1993 at the request of Disney when they were looking at developing that project in Prince William County, Virginia. Ms. France said that the CDA was envisioned as a mechanism for development to pay for itself. This allows a locality to set up a special tax district to cover some of the costs of infrastructure that are generated by a particular development. Ms. France said that the first CDA in Virginia was formed in 1998 and issued bonds for the Dulles Town Center project in Loudoun County. She said that she has listed some of the other bond issues that have been accomplished. Ms. France said that there are a number of CDAs that are in the works, but relatively few bond issues so far. Ms. France said that a CDA has the ability to request the County to levy additional assessments or additional special taxes on the property within the district. Ms. France pointed out that it is important to remember that if you created a CDA, it would not affect anyone other than the individuals located within that district. Ms. France identified the procedures to create a CDA by having the Board of Supervisors adopt an ordinance to empower themselves to consider petitions to create a CDA. Ms. France said that if the Board were to chose to move forward with a CDA, they would have to have the generic authorization to create CDAs followed by a public hearing. Ms. France said that a CDA has to be petitioned to the Board by 51% of the landowners in the district. Ms. France said that a public hearing is required along with a very lengthy notice provision. There is also a waiver provision where the petitioner can withdraw his petition after the public hearing so the process is not extended an additional thirty days. Ms. France said that if the Board were to tell her tonight that they wanted to start the process of creating CDAs, then they would have to hold a public hearing and ordinance for the generic authorization, have a thirty day publication requirement, a public hearing, a specific ordinance, and if they didnt do the waiver they would have another thirty day waiting period, which would result in a ninety day process just to get started. Ms. France explained to the Board that the CDA would consist of five members that would be appointed by the Board of Supervisors. Ms. France said that the second step from the Boards perspective is the levy of special assessment. Ms. France identified the types of facilities that a CDA is authorized to finance. Ms. France said that CDAs have a fairly broad range of powers with respect to infrastructure, which they can finance, establish, acquire, construct, equip, and operate infrastructure. Ms. France specified the improvements that are allowed with a CDA, which allows a developer to make infrastructure improvements through the CDA. Ms. France said that the point of having a CDA is to have infrastructure costs paid by those who benefit the most, which are the landowners within a particular development. There are two ways to generate the revenue stream with one being an additional ad valorem tax and the other being special assessment. Ms. France pointed out that the CDA itself does not have taxing power. Ms. France stated that infrastructure could be financed more quickly using CDA bonds. Ms. France said that the costs of creating the CDA and the administrative costs could be financed and paid through the CDA. The County is in no way obligated to the CDA bonds, which is mentioned at least four different times within the code. Ms. France said that the revenue bonds that are issued by the CDA are payable only from a pledge of special tax or assessment revenues. The County is prohibited to making payments to a CDA to cover debt service unless they wanted to. Ms. France said that some of the items that need to be taken into consideration by the County is that the CDA creates an overlapping tax district, the County staff assesses and collects tax payments, the County may accept infrastructure into its system and become responsible for the maintenance, and the CDA debt counts against their limit for bank qualified debt.

The Board discussed this topic in great detail with Mr. Purcell asking if there were any provision that stated people would have to start a CDA for a specific project. Mr. Purcell asked if there were any statistical information about what the socio economic status is of the people that could afford to pay the double tax to live in this neighborhood after the developer has passed that buck down for the price of the lot that he has had to pay to create the CDA. Dr. Morgan questioned whether the Planning Commission had to be involved with the public hearing process. Dr. Morgan asked if there were any provisions that would allow the Board to dissolve a CDA once it has been established and paid off. Dr. Morgan said that it was mentioned earlier that it becomes a tax that the County levies and asked what would happen if someone did not pay their taxes. Chairman Barnes said that he understands that they are not liable for any of the costs, but the fact that these debts would affect the Countys in any one year is something that stands out to him. Dr. Morgan asked if there were a way for them to pass on the additional carrying costs of the debt to the CDA if it creates a situation that did go above the limits. Chairman Barnes asked Ms. France to clarify the steps that the Board has to take to initiate this process.    

In response to the Boards questions, Ms. France replied you could make this part of your zoning ordinance that would require it, but she has never heard of any locality doing this. Ms. France said that a CDA affects the developers ability to sell the property off since it increases the price of it, but the price would be increased if he were paying for proffers out of his own pocket. Ms. France said that most of the mixed use developments that they have seen that had residential and commercial components have been fairly upscale projects with some of them including affordable housing. Ms. France said that once the assessment is divided up, there is a factor that is used to determine who should pay what. Ms. France said that the Planning Commission would not have to be involved with the public hearing for the CDA itself. Ms. France said that there is a provision in the code that allows for the dissolution of these authorities, which the Board can specify this in the article that once the debt has been paid off the CDA would dissolve. Ms. France said that the process for someone who has not paid would be the same as the Countys current process. Ms. France said the debt issue is something to be aware of, but is not something that is prohibitive if you were to coordinate when the County issues and when they issue. Ms. France said that when you reach an impasse and everyone wants to issue in the same year, you could quantify the information to the CDA and they could agree to compensate the County for that. Ms. France said that the Board has to hold a public hearing to give them the authority to create a Community Development Authority and then the landowners would come before the Board to make their request. Ms. France said that this is a lengthy process because the Board has to hold the first public hearing just to be able to consider a petition, then once a petition is received they have a thirty day notice requirement and a public hearing, which typically takes sixty to ninety days.

On motion of Dr. Morgan, seconded by Mr. Harper, which carried by a vote of 7-0, the Board agreed to schedule a public hearing on October 17, 2005 that would enable the legislation to establish a CDA.

PUBLIC HEARINGS

Amendment to the Louisa County Code, Section 14.41, Dogs Running at Large in Certain Subdivisions - To Add Fresh Water Estates Subdivision

Mr. Lintecum informed the Board he received a letter from the Fresh Water Estates Subdivision requesting that they be added to the Louisa County Code, Section 14.41, Dogs Running at large.

Chairman Barnes opened the public hearing at 7:04 p.m.

Eric Donnelly, Freshwater Estates Board of Directors President, Mineral District, introduced two other Board members that attended the meeting with him. Mr. Donnelly explained to the Board that they have 151 lots in their subdivision with 142 lot owners. Mr. Donnelly said that they currently have forty-one homes with an occupancy permit and another eight to ten lots that are being constructed. Mr. Donnelly stated that within their association they have individuals that are avid walkers, bicyclists, and runners that have occasionally had animals approach them. Mr. Donnelly stated that no one has been hurt by any of these animals, but due to the incident that happened in Spotsylvania County last year, it prompted them to investigate to see what they could do to help protect their residents.  

Chairman Barnes closed the public hearing at 7:10 p.m. and brought it back to the Board for further discussion.

        On the motion of Mr. Harper, seconded by Mr. Wright, which carried by a vote of 7-0, a resolution was adopted to amend the Louisa County Code, Section 14.41, Dogs Running at Large in Certain Subdivisions, to add the Freshwater Estates subdivision.

Chairman Barnes asked Mr. Lintecum to look at incorporating this for future subdivisions.

REZ04-05 - Dickinson Store West

Darren Coffey, Director of Community Development, summarized the request to be for the rezoning of approximately 10.07 acres from Agricultural (A-1) to General Commercial (C-2) for the purpose of developing a mini-storage facility and country/convenience store. Mr. Coffey said that this property is located in the Louisa Magisterial District and the Patrick Henry Voting District. The Comprehensive Plan designates this area as Village Residential within the Town of Louisa Designated Growth Area. Mr. Coffey said that there were three individuals that attended the neighborhood meeting on June15, 2005 expressing their support for this project. Mr. Coffey said that the Planning Commission held a public hearing on July 14, 2005 and voted 7-0 to forward a recommendation of approval to the Board of Supervisors.

Mr. Wright asked if C-1 zoning would handle what the applicant wants to do.

Mr. Coffey replied that the mini-storage facility requires C-2 Zoning.

Chairman Barnes opened the public hearing at 7:16 p.m. With no one wishing to address the Board, Chairman Barnes closed the public hearing at 7:17 p.m. and brought it back to the Board for further discussion.

Dr. Morgan asked Mr. Coffey if he envisioned any uses with C-2 zoning that would not be appropriate for this site.

Mr. Coffey replied that they evaluate the request based on how it comes in, which is from A-1 to C-2. Mr. Coffey said that based on those facts, they did not flag anything that seemed inappropriate to them.  

Mr. Purcell stated that he would be abstaining from this vote because his Grandfather previously owned this property.

On motion of Mr. Gentry, seconded by Mr. Wright, which carried by a vote of 5-0-1, with Mr. Purcell abstaining, a resolution was adopted approving the rezoning request of approximately 10.07 acres from Agricultural (A-2) to General Commercial (C-2) for Tax Map parcels 40C-(1)-6, 11, 12,13, and 14 for the purpose of developing a mini-storage warehouse facility and country/convenience store.

REZ05-05 - Peter G. Mazloom, Jr., Applicant: David H. and Randi P. Slaughter, Owners

Mr. Coffey summarized the request to be for the rezoning of approximately 33.921 acres from Agricultural (A-1) to Agricultural (A-2) for the purpose of developing a subdivision. Mr. Coffey said that this property is located in the Cuckoo Magisterial and Voting District. The Comprehensive Plan designates this area of Louisa County as Agricultural. Mr. Coffey said that there were three individuals that attended the neighborhood meeting on June15, 2005 saying that they did not have any problems with what is being proposed. Mr. Coffey said that they indicated that there was a cemetery on the property with gravesites and questioned the possibility of a buffer being maintained along the road frontage of Route 658 (Old Apple Grove Road). Mr. Coffey said that two of these parcels are part of an existing recorded subdivision. Mr. Coffey said that the Development Review Committee did request that staff discuss with the County Attorney appropriate methods of providing access to the existing cemetery on the site, which was provided to the Planning Commission. Mr. Coffey said that there were two individuals that spoke during the public hearing expressing their concerns about the existing road conditions and the additional traffic that would be generated by adding this subdivision. Mr. Coffey said that Mr. Spencer reiterated the concerns regarding ingress/egress to the cemetery.  Mr. Coffey said that the Planning Commission held a public hearing on July 14, 2005 and voted 6-0 to forward a recommendation of approval to the Board of Supervisors with the provision for a pedestrian ingress/egress to the existing cemetery on site.

Mr. Wright said that the ingress/egress only addressed pedestrians and questioned if vehicles would be able to get to the cemetery. Mr. Wright asked whether or not it was set up to have additional funerals. Mr. Wright asked Mr. Morgan if there would be any legal issues since vehicles would not be able to access the graveyard. Mr. Wright suggested that perhaps this should be referred to as a gravesite rather than a cemetery since it only contains one gravesite.

Mr. Coffey said that the only item that was discussed was that there was a cemetery on one of the parcels in question to be rezoned, which progressed to how would one access the cemetery in a future subdivision layout and whether the applicant would be willing to provide for a pedestrian ingress/egress. Mr. Morgan said that this is not an active cemetery and the access that the applicant is providing is done through VDOT to ensure that there is efficient access. Mr. Coffey concurred with Mr. Wright to refer to this as a gravesite.

Chairman Barnes opened the public hearing at 7:28 p.m. With no one wishing to address the Board, Chairman Barnes closed the public hearing at 7:29 p.m. and brought it back to the Board for further discussion.    

On motion of Mr. Gentry, seconded by Mr. Jennings, which carried by a vote of 7-0, a resolution was adopted approving the rezoning request of approximately 33.921 acres from Agricultural (A-1) to Agricultural (A-2) for Tax Map parcels 83-(5)-D, 83-(6)-37, and 83-(6)-38 for the purpose of developing a subdivision.

CLOSED SESSION

On motion of Mr. Purcell, seconded by Mr. Jennings, which carried by a vote of 7-0, the Board voted to enter Closed Session at 7:30 p.m. for the purpose of discussing the following:

1.        In accordance with §2.23711 (a) (3) of the Code of Virginia, 1950 as amended, for the purpose of discussing the potential acquisition of property in the Town of Louisa.  

2.        In accordance with §2.23711 (a) (1) of the
Code of Virginia, 1950 as amended, for the purpose of discussing personnel under the County Administrator.

REGULAR SESSION

On motion of Mr. Purcell, seconded by Dr. Morgan, which carried by a vote of 7-0, the Board voted to return to Regular Session at 7:54 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 6th day of September 2005, pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and

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

NOW, THEREFORE BE IT RESOLVED on this the 6th day of September 2005, that the Louisa County Board of Supervisors does hereby certify that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting was heard, discussed or considered by the Louisa County Board of Supervisors.

CONTINUANCE OF NEW BUSINESS

Resolution - Declaring Boards Intention to Reimburse the Cost of Certain Expenditures

Mr. Lintecum explained to the Board that this is part of a legal requirement when you go forward with the bond issue so you wont get caught in the arbitrage provisions of the bonds. Mr. Lintecum said that whenever they issue these bonds, they give the School Board the right to withdraw from them in an orderly manner so they do not have to rush to move forward.

The Board briefly discussed this topic with Mr. Gentry asking if the Board has control of what is pulled from the bonds and for what purpose. Chairman Barnes said that he would like to have a list of the outstanding debt that the County has in the way of the schools and asked Mr. Lintecum to email this information to the Board. Mr. Gentry said that item two of the resolution states, “the estimated principle amount of indebtedness expected to be issued for the project is $12,000,000, which is not what the Board talked about originally. Mr. Gentry said that the Board agreed during their budget meetings that they would pay $2,000,000 out of cash and the rest of it would go to debt.

In response to the Boards question, Mr. Lintecum replied that when they start the process, they would have some local funding. Mr. Lintecum said that this starts the process for them to move forward since they dont want to borrow the monies until it is required. Mr. Lintecum said that you wouldnt want to have the monies sitting in an interest bearing account for a long period of time because then you would bring in the arbitrage provisions, which could create difficulties with the bonds earning more money than what is paid. Mr. Lintecum said that as far as the bonds, it could be listed as any amount that the Board wants to set. Mr. Lintecum said that they used $12,000,000 to ensure that they would be covered, but that amount could be revised. Mr. Lintecum stated that he would have the resolution revised to reflect $10,000,000.

        On motion of Mr. Gentry, seconded by Mr. Purcell, which carried by a vote of 7-0, a resolution was adopted declaring the Boards intention to reimburse the County and the School Board for the cost of certain expenditures in connection with the construction of a new elementary school, which the estimated principle amount of Indebtedness expected to be issued for the Project is $10,000,000.

Resolution - Courthouse Security District Court

Mr. Wright explained to the Board that they had security surveys performed by the State Police, Sheriffs Department, Public Works, and the U.S. Marshalls Office. Mr. Wright said that there were a couple of recommendations that were made that could not be done because the County does not own the property. Mr. Wright said that the Board had agreed to set aside $75,000 to address a couple of priorities to install the x-ray scanner and hire a full time Deputy to monitor the security at the District Court. Mr. Wright said that the x-ray scanner is going to cost $28,515 and is identical to the one that is housed at the Circuit Court. Mr. Wright said that each group determined that the front of the building required additional concrete planters to prevent a vehicle from driving into the front of the building. Mr. Wright said that they also recommended that a security booth be created for the Deputy that would be located adjacent to the screening device, which would be similar to what is at the Circuit Court and would be done in house. Mr. Wright said that they strongly recommended that the propane tanks be buried to avoid potential explosions. Mr. Wright asked Major Lowe if he knew what the cost figure would be to hire the full time Deputy required to monitor the security at the District Court.

Major Lowe replied that this would be an entry-level position that would include benefits, which would be around $45,000. Major Lowe said that the Sheriffs Department would absorb the cost of the equipment for this officer and the vehicle.

Mr. Wright said that the $75,000 was set aside to cover the expenses associated with the scanning device and the full time Deputy. Mr. Wright said that the planters, security booth, and an additional corridor door where the Judges enter from in the back parking lot would be done in house by Public Works. Dr. Morgan stated that he was impressed by the number of vulnerable sites that were identified by the U. S. Marshalls report; therefore, he would support this recommendation. Chairman Barnes informed Major Lowe that he would like to know the number of deputies that are tied up in court versus how many monitor the County.

On motion of Mr. Wright, seconded by Mr. Jennings, which carried by a vote of 6-0-1, with Chairman Barnes abstaining, a resolution was adopted to appropriate funds for upgrades needed at the Stewart Cunningham Combined Court Building in the amount of $28,515 for the equipment necessary for securing the Combined Court as well as hiring a full time Deputy at a cost of $37,334 that includes benefits, but would not exceed a total cost of $65,852.

Resolution - For Supplemental Appropriation for $49,533.55 Under the 2004/2005 State Homeland Security Buffer Zone Protection Grant Program

Major Lowe explained to the Board that this was a Buffer Zone Grant that was offered by the Department of Homeland Security. Major Lowe said that this funding would be used for two purposes to procure two surveillance cameras to be used around the County for various purposes and for a radio console to be used in the Communications Center.

The Board briefly discussed this topic with Dr. Morgan asking if the were replacing the existing console in the Communications Department or upgrading it. Mr. Purcell said that he had spoke with Major Lowe about the cameras, which he feels that these will be invaluable with their ability to catch a wide range of criminals; therefore, he would support this.

Major Lowe replied that they were replacing the furniture part of it to make it a four-position console rather than a three-position console. He said that they were upgrading it to add an additional operator in the event of an emergency.

On the motion of Mr. Purcell, seconded by Mr. Gentry, which carried by a vote of 7-0, a resolution was adopted for a supplemental appropriation of $49,533.55 under the 2004/2005 State Homeland Security Buffer Zone Protection Grant Program for the Sheriffs Department to purchase a Wright Line Base Station Radio Console System for the Communications Office and two video surveillance systems for investigations.

Resolution - FY06 CIP & O&M Carryovers

CIP

Mr. McLeod explained to the Board that he has enclosed two resolutions with one being to re-appropriate Capital Projects for the total amount of $3,832,899.09. Mr. McLeod said that there is a list of the different projects broken down into future work, on going projects, potential projects, and items not considered for carryover on page 54.

On motion of Mr. Purcell, seconded by Mr. Wright, which carried by a vote of 7-0, a resolution was adopted approving a supplemental appropriation for Capital Projects in the amount of $3,832,899.09.

Operational

Mr. McLeod said that this resolution is for the Operational and Maintenance carryovers. Mr. McLeod said that on page 57, he shows the total amount of $197,554, which he would like to change to $237,200.54 for the grants and the purchase orders of the County. Mr. McLeod said that on page 58 of the hard copy book reflects the list of carryovers along with the reason for the carryover. Mr. McLeod said that he would like to add the staffing audit under the Board of Supervisors for $39,700 that gives you the total amount he referenced above.

The Board briefly discussed this topic with Mr. Gentry asking what the amounts were for the school amounts listed. Mr. Gentry asked if this additional $198,000 listed for the schools was part of the $2,000,000 that they spoke about earlier or if it were additional funds.

Mr. McLeod replied that the amounts listed for the schools were capital items that are identified on the letter that was submitted by them. Mr. McLeod said that the Board carried over the amount for bus replacement. Mr. McLeod said that the balance on this account with the insurance from recovery on two damaged buses would apply to the FY06 coverage for the unanticipated increase in the cost for replacement buses above the appropriation level. Mr. McLeod said that the $198,000 is part of the $2,000,000.

On motion of Mr. Purcell, seconded by Mr. Wright, which carried by a vote of 7-0, a resolution was adopted approving a supplemental appropriation for the operational and maintenance functions in the amount of $237,200.54.

Resolution - Observing “Patriot Day” as a Day of Remembrance for September 11th

On motion of Mr. Purcell, seconded by Mr. Gentry, which carried by a vote of 7-0, a resolution was adopted observing “Patriot Day” as a day of remembrance on September 11 for the nearly 3,300 people who died in the September 11, 2001 hijacking attacks.

Boards Retreat

The Board discussed having their annual retreat on October 29, 2005 and agreed to this date. Chairman Barnes said that he would like to have the retreat at the Betty J. Queen Center if it is available. The School Board Administrations Office would be the alternative site for this day. The retreat is scheduled to begin at 8:30 a.m.

COMMITTEE REPORTS

Dr. Morgan reported to the Board that EMSAL had discussed having an “On Call Medic”, which is currently what they are doing, but the recommendation at the last meeting was to upgrade the on duty medics, so that would be another full time employee. Dr. Morgan recommended that they discuss this in conjunction with the staffing audit. Dr. Morgan said that they now have two sub-committees with one being for recruitment and retention and the other for EMS billing. Dr. Morgan said that both of these committees have been meeting and as they report their findings, he will report on that information to the Board.

Dr. Morgan reported to the Board that David Blount of the Thomas Jefferson Planning District would be attending the Boards next meeting. Dr. Morgan suggested that the Board think about topics that they want to discuss for the next General Assembly session. Dr. Morgan said that the Legislative Luncheon would be held on November 21, 2005. Dr. Morgan said that Paul Oswell is their representative for the Task Force on Homelessness. Dr. Morgan said that the Journey Through Hallow Ground is a group that has been created to protect Route 15 and portions of Route 20. Dr. Morgan said that they gave them a presentation and have met with Bob Gibson, Director of Economic Development, and Carolyn McCray, Tourism Manager, and if they feel that it is appropriate for that group to give the Board a presentation then they should notify the Board.

Mr. Gentry reported to the Board that the Volunteers of Louisa have performed a total of 13,781 hours of service as of August 2005.

Mr. Gentry reported to the Board that the Staffing Committee has finalized the staffing audit and a copy was sent to each member for their review. Mr. Gentry said that one of the topics that he would like to address from this report tonight is the recommendation to have another Building Inspector for Community Development. Mr. Gentry said that he would like to go forward with advertising for this position due to its urgency. Mr. Gentry said that he would like to have their input on the remainder of the positions that are being recommended. Mr. Harper added that there was expectations put out there for what is expected by the Departments.

Dr. Morgan said that he would like to have received comments from each of the Department Heads in writing for further clarification to find out whether they agree or disagree with the recommendations and why.

        On motion of Mr. Gentry, seconded by Mr. Wright, which carried by a vote of 7-0, the Board agreed to add a position for a Building Inspector in the Community Development Department.

Mr. Gentry reported to the Board that the Public Works/Pool Committee has been studying the site work to be done for the aquatic facility. Mr. Gentry said that they have gone through the bidding process and he would like to recommend that they award a contract to Rock and Raines Constructions in the amount of $146,954 that includes the work for the excavation, clearing and grubbing, and soil and erosion control.

        On motion of Mr. Gentry, seconded by Mr. Jennings, which carried by a vote of 7-0, the Board agreed to award a contract to Rock and Raines Constructions for the excavation, clearing and grubbing, and soil and erosions in the amount of $146,954.

Mr. Wright said that the he had received an email from Lin Kogle of the Volunteers of Louisa, who is the designated contact for the C. E. R. T. Program under Emergency Services. Mr. Wright said that they had eighteen individuals that were qualified under this program. Mr. Wright said that the request that she received was to have qualified individuals to volunteer to assist with Hurricane Katrina. Mr. Wright said that he is not aware if any individuals are volunteering. Mr. Gentry said that all of the details have not been identified yet or individuals to know when they would be going.

Mr. Wright said that he wanted to bring to everyones attention that Leonhardt (Lenny) Anderson, Louisa County Game Warden, left on Sunday to go to Louisiana to help with the diving efforts in that area.

Mr. Wright said that when he received the last Legislative Report from David Blount, he had sent him an email saying the he would very concerned about the statements made from the two major candidates for the Governors race with one saying that he wanted to put a 5% cap on assessments so they could not be increased more than 5% and the other one wants to give some very high exemptions. Mr. Wright said that he has asked Mr. Blount to keep an eye on these two items and let the Board know.

Chairman Barnes reported to the Board that the Economic Development Committee is working on several items and will be making a presentation to them later on regarding traffic patterns to reduce traffic.

Mike Schlemmer, Emergency Services Coordinator, informed the Board that last week, at the height of the storm, they called and asked if they could put together the C.E.R.T. teams across the state to deploy to the effected areas to help aid in the efforts. Mr. Schlemmer said that this is currently in limbo right now until the needs are verified.  

BOARD APPOINTMENTS


Mr. Gentry said that he would like to appoint Earl Pendleton to the Monticello Area Community Action Agency Board (MACAA).

        On motion of Mr. Gentry, seconded by Mr. Jennings, which carried by a vote of 7-0, the Board appointed Earl Pendleton to MACAA.

COUNTY ADMINISTRATOR REPORT

Mr. Lintecum presented his report highlighting the following items:

Mr. Lintecum informed the Board that he has enclosed a letter from Ronald Maupin, Attorney for the Central Virginia Regional Jail, pertaining to their request for a sewer line easement, which requires action by the Board.

Mr. Harper said that they have done substantial work looking into this issue. Mr. Harper said that they even planned for future expansions to ensure that this line would not interfere.

        On motion of Mr. Harper, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board agreed to grant the easement for the sewer line for the Central Virginian Regional Jail.

Mr. Lintecum informed the Board that the Treasurer and Finance Director received their annual award for financial reporting.

CONSENT AGENDA

On motion of Mr. Harper, seconded by Mr. Wright, which carried by a vote of 7-0, the Board agreed to adopt the Consent Agenda for the public hearing that will be held on October 3, 2005 to add Contrary Creek Subdivision to the Louisa County Code Section 14.41, Dogs Running at Large in Certain Subdivisions.

CORRESPONDENCE

Mr. Lintecum informed the Board that he has enclosed a letter from Spotsylvania County regarding billing for EMS Services for their review. Chairman Barnes said that they would be addressing this topic during their retreat.

Mr. Lintecum informed the Board that he has enclosed the Animal Pound Evaluation that was performed by the Department of Agriculture and Consumer Services for their review. Mr. Lintecum said that they received a good evaluation. Chairman Barnes said that Mr. Gentry had requested some time ago that they bring in the individuals from the Animal Pound Committee to recognize their efforts for the work they had done and asked Mr. Lintecum to schedule them for an upcoming meeting.

LEGAL CORRESPONDENCE

Mr. Morgan did not discuss any correspondence with the Board.

APPROVAL OF MINUTES

        On motion of Mr. Gentry, seconded by Mr. Wright, which carried by a vote of 7-0, the Board adopted the minutes of April 27, 2005 as presented.

On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board adopted the minutes of August 1, 2005 as presented.

ADJOURNMENT

On motion of Mr. Jennings, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board voted to adjourn the September 6, 2005 regular meeting at 8:37 p.m.



BY ORDER OF

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