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Minutes of other Meetings |
Minutes of the Board of Supervisors
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5:00 P.M. 
CALL TO ORDER Chairman Barnes called the June 6, 2005 regular meeting of the Louisa County Board of Supervisors to order at 5:00 p.m. Mr. Harper led the invocation, followed by the Pledge of Allegiance to the flag. APPROVAL OF BILLS On motion of Mr. Wright, seconded by Mr. Jennings, which carried by a vote of 7-0, with Mr. Gentry abstaining from a reimbursement check pertaining to him, a resolution was adopted approving the bills for the second half of May 2005, for the County of Louisa in the amount of $461,368.46.
CONSTITUTIONAL OFFICERS Sheriff Fortune provided an update to the Board on the activities that took place in the Sheriffs Department during the month of May. Sheriff Fortune identified the amount of warrants, civil papers, and traffic summons that were served during this time. He went on to state the amount of calls that they received for the month and the types of calls they responded to. CITIZENS INFORMATION PERIOD William Shifflett, Louisa District, informed the Board that he was here this evening to speak with them about the road that the County took twenty years ago for Trevilians Elementary School. Mr. Shifflett said that he owns 17.5 acres behind the school, which he is unable to do anything with because he has not received any paperwork. Mr. Shifflett said that the School Board has granted permission to a gentleman to use this road and he would like to know why this has happened. On motion of Mr. Wright, seconded by Mr. Purcell, which carried by a vote of 7-0, the June 6, 2005 agenda was adopted as amended.
PRESENTATION
Resolution - Recognizing Steve Allen Bennett for His Twenty-Five Years of Service to Louisa County Lee Lintecum, County Administrator, read the resolution for all to hear. Chairman Barnes presented the resolution to Steve Bennett on a plaque. On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, a resolution was adopted recognizing Steve Allen Bennett for his twenty-five years of service to Louisa County.
Presentation of Volunteer Recognition Plaques Mr. Wright and Mr. Gentry presented resolution plaques to Marilyn Root for her John O. Von Hemert Award and Gail Chiles for her Youth Volunteer Spirit Plaque. Mr. Wright read the resolution for all to hear. The Board extended their appreciation to these individuals for all of their hard work and dedication. Larry Lewis Jouett Elementary School Principal Mr. Gentry said that Mr. Lewis has decided to retire after thirty-four years of service with his current position of Principal at Jouett Elementary School, which he has done an amazing job. Mr. Gentry said he would like to have the Board recognize Mr. Lewis with a resolution. On motion of Mr. Gentry, seconded by Mr. Wright, which carried by a vote of 7-0, a resolution was adopted recognizing Mr. Larry E. Lewis for his thirty-four years of service to the County of Louisa.
VDOT Updates - Milton Thacker, Resident Engineer Milton Thacker, VDOT Resident Engineer, informed the Board that Jamie Glass has been promoted within VDOT from the Transportation Operations Manager to the Assistant Resident Engineer and introduced Mr. Glass. Mr. Thacker summarized VDOTs current maintenance activities to the Board as resurfacing and patching Route 759 (Rollins Lane), addressed Mr. Wrights concerns with the exception of one item, verified that the Stop Ahead sign was placed on Route 618 (Belsches Road) as it intersects with Route 601 (Bumpass Road), and the maintenance crews have moved mowing operations to secondary roads. Mr. Thacker identified VDOTs current construction activities and said that the bridge on Route 799 (Beaver Dam Road) is continuing to progress well, crews began operations on Route 750 (Land End Road) and anticipate paving this road this summer, the paving crews are scheduled to return in early June, and the overlay operation on Interstate 64 that had been delayed will proceed soon. Mr. Thacker said that he and Mr. Glass are in the process of scheduling a meeting with the District Traffic Engineer to review a process to manage locally the increased number of requests for speed reductions throughout the residency. The Board thanked Mr. Thacker for his presentation with Mr. Wright expressing his disappointment about Mr. Phillip Shucet resigning from VDOT. Mr. Gentry extended his appreciation for the reflectors that were added to Route 522.
NEW BUSINESS
Budget Overview Mr. McLeod identified the Operational Budget as being $61,434,270, which is $82,818 less than what they had at the public hearing due to changes that were made with Social Services and the Health Department. Mr. McLeod pointed out that this does include the reserve additional costs for the security at the Courthouse. Mr. McLeod identified the Capital Budget as being $5,039,284, which is $15,000 less that what they had at the public hearing due to changes that were made for the Sheriffs Department and an update to the cost of the Administration Building after receiving estimates. A. Resolution - Set the Tax Levy for Fiscal Year 2005 2006 Real Estate
On the motion of Mr. Purcell, seconded by Mr. Jennings, which carried by a vote of 4-3, with Messrs Harper, Wright, and Dr. Morgan voting against, a resolution was adopted setting the tax levy for Fiscal Year 2005 2006 for real estate at $0.66 per every $100.00 of assessed value under Section 58.1-3200, Code of Virginia, which includes mobile homes. B. Resolution - Set the Tax Levy for Fiscal Year 2005 2006 for Personal Property, Merchants Capital, and Machinery & Tools
On the motion of Mr. Purcell, seconded by Mr. Gentry, which carried by a vote of 7-0, a resolution was adopted setting the tax levy for Fiscal Year 2005 2006 per every $100 of assessed value under Section 58.1-3500, Code of Virginia, tangible personal property at $1.90; Section 58.1-3507, Code of Virginia, Machinery and Tools at $1.90; Section 58.1-3509, Code of Virginia, at $0.65; and Section 58.1-3500, Code of Virginia, aircraft at $0.48.
C. Decision and Approval of Fiscal Year 2005 2006 Operating and Capital Budget for the County and the School Board Budget by Category The Board discussed the budget further with Dr. Morgan expressing the need to begin planning for paid fire and rescue personnel. Dr. Morgan said that he believes they need to consider EMS billing as many surrounding localities are shifting in this direction and he would like to have this further investigated. Mr. Gentry identified what he felt were positive highlights in the budget of keeping teachers and deputies salaries competitive with surrounding localities, supporting the new elementary school, continuation of infrastructure needs in the Zion Crossroads area, support of JABA for the elderly, support for the library, tax relief for the elderly, support of the services offered through Parks and Recreation, and their attempt to reduce the real estate tax rate. Mr. Gentry said that he is disappointed with the School Board Budget due to the amount of additional positions that were requested even though the states incentive only required eight new positions for them to be in compliance, the increased salary for the Superintendent, and for the amount of effort he sees them putting forth in the lack of being conservative with the budget. Chairman Barnes reiterated the positive attributes of the proposed budget and identified some of the expenditures that the Board faces due to unfunded mandates. Chairman Barnes expressed the need to have a better health benefit package for all of the employees.
On motion of Mr. Purcell, seconded by Mr. Jennings, which carried by a vote of 7-0, a resolution was adopted approving the Fiscal Year 2005 2006 Operating and Capital Budgets for the County and the School Board Budget by category as it was presented for the Operating Budget at $61,425,130 and the Capital Budget $5,039,284 for a total amount of $66,464,414.
Resolution - Awarding Water Authority Contract - Bar Delk Bar Delk, Louisa County Water Authority Director, informed the Board that on May 17, 2005 the Water Authority had accepted bids for the section of water and sewer lines that connects part of Spring Creek over to the Glass property on the other side of I-64. Mr. Delk outlined the details of the work that would be completed and said that the lines would go under I-64. Mr. Delk said that the bids ranged from $888,555 to $1,073,000. On motion of Dr. Morgan, seconded by Mr. Gentry, which carried by a vote of 7-0, a resolution was adopted to approve the awarding of the Water Authority Contract to Godsey & Son, Inc. at a cost of $888,555.00 for the Zion Crossroads Water System and Sanitary Sewer System Improvements.
Resolution - Awarding LP Gas Contract - Pat McWilliams Pat McWilliams, Director of Public Works, informed the Board that he has included a resolution for their consideration to award a two-year contract for propane gas. Mr. McWilliams said that the current contract expires June 30, 2005. On motion of Mr. Gentry, seconded by Mr. Purcell, which carried by a vote of 7-0, a resolution was adopted awarding a two-year contract to Blossman Gas, Inc. for liquefied petroleum gas service at a fixed price of $1.193 per gallon from July 1, 2005 through June 30, 2007.
Resolution - Virginia Public School Authority Refunding Mr. Lintecum informed the Board that this request is similar to the one they received last year that they used to purchase the property with. Mr. Lintecum said that the schools would be receiving $20,304.83. Mr. Lintecum pointed out that he has included a letter from Halsey Green, School Finance Director, which reflects what their intentions are for these funds. On motion of Mr. Wright, seconded by Mr. Purcell, which carried by a vote of 7-0, a resolution was adopted to appropriate the VPSA Bonds to the Louisa County School Capital Projects Fund in the amount of $20,304.83.
Resolution - Appropriation to the Sheriffs Office for the Local Law Enforcement Block Grant
On the motion of Mr. Jennings, seconded by Mr. Gentry, which carried by a vote of 7-0, a resolution was adopted for the appropriation to the Sheriffs Office for the Local Law Enforcement Block Grant in the amount of $769.00.
Trevilian Station Battlefield Foundation
Mr. Purcell referred to the letter that he sent to the Trevilian Station Battlefield Foundation on May 18, 2005. Mr. Purcell explained that he sent this letter due to the articles that have been printed in the paper and the question came up about how the monies that the County had appropriated for the purchasing of property were being used and the intent of the foundation. Mr. Purcell said that after speaking with several individuals from the foundation, he has been invited to attend their next meeting along with the rest of the Board, which will be held on June 16, 2005 at 7:30 p.m.
Courthouse Civil War Monument Mr. Purcell said that he wanted to discuss this topic for a couple of reasons with one being the rights and obligations of the Board taking care of the civil war monument. Mr. Purcell said that he spoke with Nelson Smith regarding this issue, which he explained the history of the monument to him. Mr. Purcell said that he has thought about this issue a lot and would like to have approval from the Judge because he has always been told that he has purview over the Courthouse grounds. Mr. Purcell said that he does not have a problem assuming ownership of the monuments to take care of them and administering the proper maintenance, however, he wants them to be owned solely by the County in order for the County to take care of them. Resolution - Set Meeting Dates for the Months of July and August
On the motion of Mr. Wright, seconded by Dr. Morgan, which carried by a vote of 7-0, a resolution was adopted to establish the meeting dates in July and August 2005 to only hold one regular Board of Supervisors meeting during these two months on July 5, 2005 and August 1, 2005; therefore canceling the second regular Board of Supervisors meeting during these two months.
COMMITTEE REPORTS Mr. Gentry said that he would like to comment on the Relay for Life Cancer Society activities that took place this past weekend. Mr. Gentry said that there were a total of thirty-one teams that participated with over 400 members on those teams. Mr. Gentry said that they generated over $62,000 in funds, which exceeded their goal. Mr. Purcell extended his appreciation to Mr. Gentry for the outstanding job that he did with organizing this event. Dr. Morgan said that he actually deals with this process on a daily basis and it is not just the survivors and the caregivers that factor into this process. Dr. Morgan said that he believes that the community support is essential in helping these individuals out. Mr. Wright said that this was only the second year that they held this event in Louisa County, which they doubled the amount of funds that were generated.
The Board did not appoint anyone to a committee or commission during this meeting. COUNTY ADMINISTRATOR REPORT
Mr. Lintecum presented his report highlighting the following items: Mr. Lintecum informed the Board that Anthony Carter, Code Enforcement Officer has tendered his resignation to take a position with Virginia Land and Lakes. 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 one scheduled public hearing that will be held on July 5, 2005.
CORRESPONDENCE The Board did not discuss any correspondence. LEGAL CORRESPONDENCE Pat Morgan, County Attorney, did not discuss any correspondence with the Board. 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 6:38 p.m. for the purpose of discussing the following: 1. In accordance with §2.23711 (a) (7) of the Code of Virginia, 1950 as amended, for the purpose of consultation with legal counsel for discussion of potential litigation in the Mineral Voting District. On motion of Mr. Jennings, seconded by Mr. Purcell, which carried by a vote of 6-0, the Board voted to return to Regular Session at 7:02 p.m. RESOLUTION CERTIFICATION OF CLOSED SESSION On motion of Mr. Purcell, seconded by Dr. Morgan, which carried by a vote of 6-0, 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 June 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 June 2005, that the Louisa County Board of Supervisors does hereby certify that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting was heard, discussed or considered by the Louisa County Board of Supervisors. PUBLIC HEARINGS
Amendment to the Louisa County Code Section 14.41, Dogs Running at Large in Certain Subdivisions; to Add Noahs Landing Subdivision Mr. Lintecum informed the Board that he had received a letter from Mr. John Romano, Noahs Landing Property Owners Association President, who has requested that Noahs Landing be added to the Louisa County Code Section 14.41, Dogs Running at Large in Certain Subdivisions. On the motion of Mr. Jennings, seconded by Dr. Morgan, which carried by a vote of 6-0, the following resolution was adopted to amend the Louisa County Code, Section 14.41, Dogs Running at Large in Certain Subdivisions; Penalty for Violation to add Noahs Landing Subdivision.
REZ01- 05 / William B. and Sharon MacDonald
Darren Coffey, Community Development Director, summarized the request as being for the rezoning of approximately 2.716 acres from General Commercial (C-2) to Residential General (R-2). He said that the property is located at the intersection of Route 601 (Bumpass Road) and Route 701 (Borden Road) and is in the Jackson Magisterial and Voting District. Mr. Coffey said that this area of strip zoning appears to be the result of the adoption of zoning in 1969 and the assignment of zoning to parcels throughout the County at that time. Mr. Coffey said that the 2001 Comprehensive Plan designates this area of Louisa County as Agricultural. He said that the proposed use of the property is for residential purposes. Mr. Coffey stated that this request for rezoning is not in general accord with the 2001 Comprehensive Plan, however it is a down zoning request. The Planning Commission held a public hearing on April 14, 2005 at which there was no one present to speak for or against the application other than the applicant. Mr. Speer expressed concerns about changing the zoning to Residential General (R-2) in this area based on the surrounding zoning. The Planning Commission voted 5-1 to forward a recommendation of approval to the Board. The Board briefly discussed this topic with Mr. Wright asking why this was not considered to be in accord with the Comprehensive Plan since there are Agricultural areas that include Residential. Dr. Morgan said that they usually include staff recommendation in the write up, which he does not see in the documents and asked Mr. Coffey what staffs recommendation was for this situation.
Vice-Chairman Gentry opened the public hearing at 7:12 p.m. With no one wishing to address the Board, Vice-Chairman Gentry closed the public hearing at 7:13 p.m. and brought it back to the Board for further discussion.
On motion of Mr. Jennings, seconded by Mr. Wright, which carried by a vote of 6-0, a resolution was adopted approving the rezoning request of approximately 2.716 acres from General Commercial (C-2) to Residential General (R-2) for William B. and Sharon MacDonald for tax map parcels 63-44 and 45.
CUP05-05 / Quarles Petroleum, Inc., Applicants / Wayne L. Poore, Owner Mr. Coffey summarized the request as being for a Conditional Use Permit (CUP) for the establishment and operation of an unattended automated fuel-dispensing facility. Mr. Coffey said that the property is located in the southeast corner of Route 795 (Zion Park Road) and Route 796 (Crossroads Center), which is located in the Green Springs Magisterial District and the Patrick Henry Voting District. The Comprehensive Plan designates this area of Louisa County within the Zion Crossroads Designated Growth Area for Mixed Use. Mr. Coffey said that the Planning Commission held a public hearing on April 14, 2005 at which they voted 6-0 to forward a recommendation of approval to the Board of Supervisors with ten amended conditions. Mr. Coffey said that the Planning Commission added the verbiage “without a gate” to condition number three and added condition number ten to state that all lighting must be dark-sky lighting. On motion of Dr. Morgan, seconded by Mr. Wright, which carried by a vote of 6-0, a resolution was adopted approving the request for a Conditional Use Permit for the establishment and operation of an unattended automated fuel-dispensing facility for Quarles Petroleum, Inc with a total of ten conditions that would include the modification to the verbiage on condition number three.
Hazard Mitigation Plan for The Thomas Jefferson Planning District Bill Wanner, Thomas Jefferson Planning District Commission (TJPDC) Senior Planner, introduced Nicole Gilkeson. Mr. Wanner said that based on their previous discussion, he hopes that the memo that he wrote addresses all of the issues that were raised. Mr. Wanner addressed Mr. Wrights concerns on whether this has to be adopted by the County and what financial benefits it could possibly have if the plan were adopted. Ms. Gilkeson explained that the Disaster Mitigation Act of 2000 made changes that required localities to have an adopted mitigation plan in place in order for them to receive certain types of mitigation funding. Nicole said that without a plan, the County would not be able to receive funding allotted to the state for mitigation actions. Mr. Wanner pointed out that during this process they found one of the highlights to be that there is a Virginia Dry Hydrant Grant Program that the Emergency Services Department could take advantage of. Ms. Gilkeson identified the changes that were made to the plan as requested by the Board during their May 16, 2005 meeting.
APPROVAL OF MINUTES On motion of Mr. Wright, seconded by Mr. Purcell, which carried by a vote of 6-0, the Board voted to adjourn the June 6, 2005 regular meeting at 7:38 p.m.
BY ORDER OF |