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NOVEMBER 21, 2005
5:00 P.M.


Board Present: Fitzgerald A. Barnes, Willie L. Gentry, Jr., Willie L. Harper, Allen B. Jennings, David B. Morgan, Eric F. Purcell, and Jack T. Wright
Others Present: C. Lee Lintecum, County Administrator; Ernie McLeod, Deputy County Administrator; Patrick Morgan, County Attorney; and Mary Jackson, Deputy Clerk

CALL TO ORDER

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

CONSTITUTIONAL OFFICERS

Ernie McLeod, Deputy County Administrator, informed the Board that the Treasurer has sent a request asking for their approval to publish the names of 2003 delinquent taxpayers for those who do not pay by December 31, 2005.  

        On motion of Mr. Wright, seconded by Dr. Morgan, which carried by a vote of 7-0, the Board agreed to allow Gloria Layne, Louisa County Treasurer, to advertise the names of 2003 delinquent taxpayers at the appropriate time.

CITIZENS INFORMATION PERIOD

There were no citizens wishing to address the Board.

ADOPTION OF THE AGENDA

Dr. Morgan said that he would like to add two roads in the Green Springs District as a topic to the agenda for consideration of adding them as Rural Additions.

Mr. McLeod said that he would like to add potential property acquisition in the Louisa Voting District as a topic for discussion in closed session.

        On motion of Mr. Wright, seconded by Mr. Jennings, which carried by a vote of 7-0, the November 21, 2005 agenda was adopted as amended.

Mr. McLeod introduced Jerry Hall to the Board as the new Litter Control Coordinator.

OLD BUSINESS

Discussion - Draft Junk Vehicle Ordinance and Program

Pat Morgan, County Attorney, informed the Board that he has enclosed a draft of two different proposed ordinances in their packets. Mr. Morgan explained that one of the ordinances has provisions for handling vehicles that have been abandoned as well as those that are disabled. Mr. Morgan said that he has also enclosed an email from Major Lowe of the Louisa County Sheriffs Department reflecting the procedure that they use to address the problem of abandoned vehicles. Mr. Morgan said that they are recommending that this part of the ordinance not be considered, but only the part dealing with inoperative vehicles. Mr. Morgan said that this is being handled outside of the Zoning Ordinance, so it only has to be considered by the Board if they desire. Mr. Morgan said that as a result of the Boards input during their retreat, he has added a provision that vehicles are kept enclosed or screened from the public and only three would be allowed. Mr. Morgan said that he and Darren Coffey, Director of Community Development, have been discussing the exclusion of agricultural vehicles that was mentioned by the Board at their retreat; therefore, he has added a section within the definition section that would say vehicles used in agricultural or horticultural use as defined by §46.2-665 of the Code of Virginia.

The Board discussed this topic in great detail with Mr. Purcell saying that the Board had discussed at their retreat the possibility of incorporating into any ordinance that they may or may not wish to adopt an amnesty period for individuals to come to compliance with the ordinance to help reduce the shock value, which he does not see referenced in §74-87, Notice of Violation. Mr. Purcell questioned if they were giving any consideration to this or if this is something that is not appropriate to mention in the ordinance and would be left up to the County Administrator to address. Mr. Wright said that in the §74-85 for definitions, it says that it would be unlawful to store in an Agricultural, Residential, or Commercial area and asked how this would be addressed for commercial parcels such as service stations, garages, and already existing junkyards. Mr. Wright said that under §74-86, the last line says that nothing shall be visible from a public right-of-way and asked how private drives and private lanes fell into this. Mr. Wright said that under §74-89, addressing the civil penalties, says that for any one violation and questioned if each vehicle would be considered a violation.    

In response to the Board, Mr. Morgan said that the memo from
Pat McWilliams, Director of Public Works, that has been included in their packet addresses an amnesty program. Mr. Morgan replied that if a property has already lawfully been zoned correctly, then those would not be prosecuted. Mr. Morgan said that he could add in verbiage to cover private drives and lanes to the ordinance. Mr. Morgan said that they would look at anything over three vehicles as being a single violation rather than having a violation for each additional vehicle.

Upon further discussion by the Board, Mr. Wright stressed the importance of clarifying the information to ensure that everyone has the same interpretation. Mr. Wright said that he believes that there is a little bit of a conflict where it states, “violations arising from the same operative set of facts shall not be charged more frequently than once in any 10-day period;” therefore, he would like to have the verbiage further clarified. Mr. Gentry stated that this is a topic that concerns him a great deal. Mr. Gentry said he recognizes under the inoperable vehicle definition, it refers to “junk vehicles” and he doesnt feel that this is an appropriate term to use since the owner of the vehicle defines whether it is junk. Mr. Gentry said that the way he understands what he is reading is that you can have a vehicle that is not in operating condition or not have a license, decals, or inspection sticker and asked if would be better to read as, “didnt have operating parts and the license.” Mr. Harper questioned why they define demolisher in the ordinance. Mr. Gentry expressed his concern about implementing a zero tolerance policy and urged the Board to consider what they are going to allow on parcels. Mr. Wright pointed out that if individuals have a license plate on their vehicle, they are obligated to have insurance or to pay the uninsured motor vehicle fee, which places an additional burden on the owner. Chairman Barnes said that this is not going to be an easy ordinance, but something has to be done in the County. Chairman Barnes said that he agrees that there has to be an amnesty period. Chairman Barnes expressed the need to address boats within the ordinance.      

Mr. Morgan explained that each day is considered a separate violation, but rather than harassing individuals each day and swearing out another warrant, this gives them time to correct the situation from the first warrant prior to them issuing another. Mr. Morgan said that he would revise the verbiage to reflect inoperable vehicles only rather than junk vehicles. Mr. Morgan replied that changing the verbiage to include operating parts and license would bind them to only those inoperable vehicles that did not have licenses. Mr. Morgan said that he left demolisher in the ordinance after they had removed the material pertaining to abandoned vehicles since abandoned vehicles would go to the demolisher. Mr. Morgan said that the demolisher is not necessary if they go with the ordinance strictly for the inoperative vehicles rather than the abandoned vehicles. Mr. Coffey explained to the Board that they had presented a two-pronged approach at their retreat, which they were talking about a vehicle recovery program and a mechanism in which to enforce the ordinance. Mr. Coffey said that the demolisher definition would come in if they were to do a vehicle recovery program. Mr. Coffey pointed out that the memo from Mr. McWilliams outlines the details of the vehicle recovery program and the costs associated with it. Mr. McWilliams pointed out that boats are addressed in the states definition.

        On motion of Mr. Wright, seconded by Mr. Harper, which carried by a vote of 7-0, the Board agreed to move forward and schedule a public hearing on January 17, 2006 for this ordinance.

Chairman Barnes said that he would like to ensure that this ordinance is placed on the web and in the local paper for individuals to review prior to the hearing.    

Rural Additions - Cool Water Lane and Dogwood Lake Drive

Dr. Morgan said that he would like to request the Roadviewers to consider Cool Water Lane and Dogwood Lake Drive in his district as Rural Additions.

        On motion of Dr. Morgan, seconded by Mr. Wright, which carried by a vote of 6-0-1, with Mr. Jennings abstaining, the Board agreed to have Cool Water Lane and Dogwood Lake Drive considered as Rural Additions by the Roadviewers.

COMMITTEE REPORTS

Mr. Harper said that during the last meeting of the Regional Jail Board, he was told that they had not received notice from Louisa County saying that the resolution was passed endorsing the easement across the property for the water and sewer lines.

Mr. McLeod said that he received a call last week from this organization and informed them that the resolution had been sent to their attorney.

Mr. Gentry said that he has an RFP related to an assisted living facility in Louisa County. Mr. Gentry said that a year ago they were applying for a grant to do a feasibility study for the County, which has led them to this RFP. Mr. Gentry said that instead of trying to determine what is available for Louisa County, they have been working with other localities to get an assisted living facility for the poorer citizenry of the County.

Dr. Morgan said that at their last meeting, he had brought up the issue of doing away with the passing lanes on Route 15 heading towards Gordonsville. Dr. Morgan said that they recently discussed this at the Transportation Safety Committee meeting, which allowed him to receive additional feedback. Dr. Morgan said that he feels that this is a priority issue that he would like to have the Board as a whole request VDOT to review this issue and provide feedback to them.

        On motion of Dr. Morgan, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board agreed to have a letter drafted and sent to VDOT asking them to review the passing lanes along Route 15 heading towards Gordonsville and report back to them.

Mr. Jennings reported to the Board that the Building and Grounds Committee recently dealt with the stones at the Courthouse. Mr. Jennings explained that one of the stones had fallen off of the Courthouse, which they had to repair as an emergency situation. Mr. Jennings said that they were able to fix the problem and as a safety precaution, they checked all of the other stones as well.

Chairman Barnes said that during the recent VACo Conference, he learned that the state is going to require localities to have a Water Plan in place by 2009 2010; therefore the Board is going to have to address putting this out for bid soon to create a plan. Chairman Barnes said that this stemmed from the drought of 2002.

BOARD APPOINTMENTS

Mr. Wright said that he would like to reappoint Tommy Barlow to the Planning Commission.

Dr. Morgan said that he would like to reappoint William Craig to the Clean Community Commission, Gerald Harlow to the Parks and Recreation Advisory Committee, Richard Havasy to the Planning Commission, Rachel Jones and Donald Jones to the Transportation Safety Commission, and appoint Wendy Craig to the Library Advisory Board.

Chairman Barnes said that he would like to reappoint Bill Small to the Clean Community Commission, Lisa Price to the Planning Commission, Pam Quarles to the Parks and Recreation Advisory Committee, Faye Rosenthal to the Library Advisory Board, and appoint Sarah Copeland to JAUNT.  

        On motion of Dr. Morgan, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board reappointed William Craig and Bill Small to the Clean Community Commission, Gerald Harlow and Pam Quarles to the Parks and Recreation Advisory Committee, Richard Havasy, Tommy Barlow and Lisa Price to the Planning Commission, Rachel Jones and Donald Jones to the Transportation Safety Commission, Faye Rosenthal to the Library Advisory Board, and appointed Wendy Craig to the Library Advisory Board and Sarah Copeland to JAUNT.

Mr. Purcell said that his representative for the IDA has decided to resign; therefore, he would like to have some time to find a suitable replacement for him to appoint.

COUNTY ADMINISTRATOR REPORT

Mr. McLeod presented the County Administrators report highlighting the following items:

Mr. McLeod informed the Board that he has enclosed an invitation from the Regional Jail for their Christmas Luncheon that will be held on Friday December 2, 2005 from 12:00 p.m. until 3:00 p.m.

Mr. McLeod informed the Board that Lee Lintecum, County Administrator, and his staff would like to wish everyone a happy Thanksgiving.

Mr. McLeod handed out a copy of Mr. Coffeys report to the Board reflecting the activities of the Community Development Department.

CONSENT AGENDA

On motion of Mr. Purcell, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board agreed to adopt the Consent Agenda for the three scheduled public hearings that will be held on January 3, 2006 and the following two resolutions:

Resolution - Supplemental Appropriation to The County Administrators Department for Employee Recognition

On motion of Mr. Purcell, seconded by Mr. Gentry, which carried by a vote of 7-0, a resolution was adopted granting a supplemental appropriation of $760.75 to the County Administrators Department for employee recognition.

Resolution - Supplemental Appropriation for the 2004 Homeland Security Grant

On motion of Mr. Purcell, seconded by Mr. Gentry, which carried by a vote of 7-0, a resolution was adopted granting a supplemental appropriation in the amount of $95,850.05 to the Emergency Services Department for Domestic Preparedness Equipment as part of the 2004 Homeland Security Grant.

CORRESPONDENCE

Mr. McLeod informed the Board that he has enclosed a letter from the Office of the Governor addressing disaster areas due to the recent drought for their review.

Mr. McLeod informed the Board that he has enclosed a letter from the Department of Environmental Quality pertaining to Dominion for their review. Mr. McLeod said that this letter provides Dominion a stay for doing a detailed analysis for a different approach with the water.

Mr. McLeod informed the Board that he has enclosed a letter from the Virginia Department of Fire Programs addressing a web-based survey to provide an up-to-date picture of Virginias fire service. Mr. McLeod said that he emailed this to Ricky Bywaters, Fire Association President.

Mr. McLeod informed the Board that he has enclosed a letter from the Town of Gordonsville reflecting their position on the proposed Verizon cell phone tower due to its proposed location being in their Historical District.

Dr. Morgan asked if the cell phone tower had been initiated in the County as an official request.

Mr. McLeod replied that he was unaware of this tower, but he would look into it further.

Dr. Morgan said that he would like to know what size tower Gordonsville would accept. He said that he would also like to know what the Town of Gordonsville historic designation is and whether it is state or federal. Dr. Morgan said that he believes that this is a safety issue for some in this area.  

LEGAL CORRESPONDENCE

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

APPROVAL OF BILLS

On motion of Mr. Wright, seconded by Mr. Purcell, which carried by a vote of 7-0, with Mr. Gentry abstaining from a reimbursement check pertaining to himself 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 first half of November 2005, for the County of Louisa in the amount of $525,400.15.

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 November 7, 2005 as presented.

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 5:36 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 acquisition of property in the Louisa Voting District.

REGULAR SESSION

On motion of Mr. Harper, seconded by Dr. Morgan, which carried by a vote of 7-0, the Board voted to return to Regular Session at 5:56 p.m.

RESOLUTION - CERTIFICATION OF CLOSED SESSION

On motion of Dr. Morgan, seconded by Mr. Jennings, which carried by a vote of 7-0, the Board voted to adopt the following resolution:

WHEREAS, the Louisa County Board of Supervisors has convened a Closed Meeting this the 21st day of November 2005, pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and

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

NOW, THEREFORE BE IT RESOLVED on this the 21st day of November 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.

ADJOURNMENT

On motion of Dr. Morgan, seconded by Mr. Jennings, which carried by a vote of 7-0, the Board voted to adjourn the November 21, 2005 regular meeting at 5:57 p.m.

BY ORDER OF

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