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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 September 5, 2006 regular meeting of the Louisa County Board of Supervisors to order at 5:00 p.m. Mr. Purcell led the invocation, followed by the Pledge of Allegiance to the flag.
CITIZENS INFORMATION PERIOD P.T. Spencer, Louisa District, expressed his concern with the revisions of private shooting range. Mr. Spencer noted that the Planning Commission had spent a significant amount of time on this definition. Mr. Spencer stated that the revision was supposedly a compromise among concerned parties and he felt that the citizens have not been fairly represented in this situation. Mr. Spencer stated that these changes were not properly listed on the website or advertised and questioned the authority used to therefore legally make these changes. Mr. Spencer reminded the Board that the citizens hold the Board responsible for the changes that are made and put their trust in their elected official. ADOPTION OF THE AGENDA Mr. Barnes requested to add a dental discussion with Mr. Jackson and to add time to address Mr. Spencers concerns. On motion of Mr. Wright, seconded by Mr. Jennings, which carried by a vote of 7-0, the September 5, 2006 agenda was adopted as amended.
PRESENTATIONS
Introduction of Dr. Lillian Peake, TJ Health Director Mr. Lee Lintecum, County Administrator, introduced Dr. Lillian Peake, the new Thomas Jefferson Health Director to the Board. Dr. Peake addressed the Board, provided a brief summary of her credentials and stated that she is happy to be joining the county. Dr. Peake provided a handout to the Board on Pandemic Influenza, the Bird-flu, to provide an update to the Board and indicated her willingness to attend and provide information on any issues the Board would like addressed. Mr. Purcell thanked Dr. Peake for her help and indicated the Boards appreciation for this information. Fluoride Treatment Program Mr. Barnes indicated that last March the Board had allocated the sum of $2500 to go toward fluoride treatment to those who did not have access. These funds had been dispersed to the Health Department to administer the program. Mr. Jackson indicated that their organization would really like to get this program implemented so the problems that children face with inadequate fluoride can be reversed by up to 90%. To cost to get implement this program would be approximately $16,000 and they are only asking for enough funds to help get this program started. Mr. Purcell and Mr. Wright voiced their concern over the fact that these funds were not utilized as they should have been. Dr. Peake indicated that she fully supports this program and wants to work with this organization to get this program on line. Mr. Jackson noted that there should now be $5000 allocated since the 2006 funds as well as the 2005 funds were not utilized. Following a brief discussion, Mr. Barnes stated that they will give the Health Department until the first meeting in October to get these funds properly dispersed or the funds will be allocated to the private organization to utilize these funds properly.
VDOT Monthly Update Mr. Lintecum stated that he was directed to get with VDOT to schedule a meeting to explain the changes in the VDOT rules, regulations and laws that occurred with the 566 Program. Mr. Lintecum indicated that Mr. Glass has asked if this could be done as a joint meeting with Fluvanna. The Board indicated that they would be happy to do this and asked that Mr. Lintecum work with Mr. Glass to set an acceptable date. Mr. Glass addressed the Board and gave the following VDOT update. Mr. Glass indicated that currently they are performing brush cutting, machining dirt roads, minor patching, and second grass cutting on primary roads. Mr. Glass said that there had not been the need to close any roads with the current heavy rains until this morning when they had to close Rt. 624 (Mt. Pleasant Church Rd.) at Christopher Creek, Rt. 613 (Goldmine Road) at Duckinghole Creek, Rt. 640 (E. Jack Jouett Rd.) at Fosters Creek, Rt. 604, (Roundabout Rd.) at Harris Creek, and Rt. 651 (Cales Drive) at the North Anna River. Mr. Glass noted that all primary paving has been completed in Louisa and the contractors are now in the process of striping the roads and installing the centerline reflectors. He further noted that the Surface Treatment Contractor has finished in Louisa and has moved to Fluvanna, the State Force Construction Crew is working on Route 699 Indian Creek Road and the bridge crew is working on Rt. 1002 Cammack Street, putting in sidewalks. In the past month, 13 plats/plans for proposed new subdivisions and developments were reviewed and forwarded to the Culpeper District Planning Department for their review and comments. Mr. Glass indicated that a speed study that was requested by Mr. Gentry was submitted to Traffic Engineering for Route 208 between Rt. 640 (E. Jack Jouett Rd.) and Interstate 64, the sign study for Route 613 (Oakland Rd.) between Rt. 692 (Hickory Creek Rd.) and Rt. 669 (Ellisville Dr.) was submitted on Mr. Purcells behalf, traffic engineering will be looking at the possible installation of curve signs with speed advisory plates, Rt. 632 (Waldrop Church Rd.) has been center-lined, they just received Commission approval to install the speed limit signs on Rt. 601 (Paynes Mill Rd.) between Rt. 33 and Rt. 522, a citizen request for a speed study was performed on Rt. 607 (Bybee Rd.), which is partially located in Louisa County but the request was denied, a request from the Town of Louisa Planning Commission to have the words “Yield Ahead” painted in the East bound lane at the intersection of Rt. 22 has been forwarded to Traffic Engineering as well as the request from Louisa County Schools to install School Bus Stop Ahead signs in the area of the entrance to Blue Ridge Shores and Rt. 651 (Cales Drive). In discussion with the Board, Mr. Barnes asked about the status of his request for Rt. 641 Captain Meade Rd. and Mr. Glass indicated that they have received environmental reports and this is on the schedule to be completed. OLD BUSINESS
Discussion Application of Biosolids on A-2 Zone Properties
Subdivision Review Dickens Creek Farm, LLC Mr. Coffey indicated that this request had been deferred to allow the Board to do additional research. Mr. Wright indicated that there are two existing roads that were approved in a previous subdivision prior to requiring them to be paved state standard roads. Mr. Wright noted that his initial understanding was that these two roads would be paved to state standards and extend them. Mr. Wright found that there is one part of the Dickey Purcell Road that would not be paved because there is no lot that enters that road. Mr. Wright does not want to leave this road sitting there as a private road available to the public and this section should be closed off. Mr. Wright asked Mr. Barlow to address this issue as well as the four-acre tract that will be a common area which one of the subdivision has direct access to. Mr. Wright indicated that in talking with Mr. Barlow it was suggested getting a 10' easement that would provide a walking trail to this area. Mr. Tommy Barlow indicated that he had spoken to Mr. Malone regarding the portion of the private lane that is not being utilized and they did not plan to pave this road. Mr. Barlow stated that Mr. Malone indicated that he would pursue getting this section of the road abandoned but this could not be guaranteed, as the lot owners will have the final say. Mr. Barlow stated that there is no problem with putting an easement down the lot line for a walk way or trail connecting the two subdivisions. Mr. Barlow pointed out that this plan gets the development off the road and these are two entirely separate subdivisions on two separate roads and knows that the number of lots is a concern. Mr. Wright indicated that he has no problem with the South Ridge Subdivisions but will not support the other without the road being changed and recommended giving another 30 days to give Mr. Malone time to negotiate this request with the property owners. Mr. Harper confirmed with Mr. Coffey that these are two separate applications. On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 4-3, the Board agreed to forward the South Ridge Subdivision application (98-27-C) to Community Development for review with Mr. Barnes, Mr. Jennings and Mr. Purcell voting against. The Board agreed that the other subdivision will come back to the Board at the first meeting in October.
Discussion/Decision Comprehensive Plan Amendments The Comprehensive Plan Amendments were advertised and placed on the website for public review. On motion of Mr. Purcell, seconded by Mr. Jennings, which carried by a vote of 7-0, the Board adopted the Plan and Map as submitted. Discussion/Decision Subdivision and Zoning Ordinance Amendments Mr. Havasy requested that private shooting range not be included in this approval. The Board agreed that this one section will be removed and sent back to the Planning Commission for review. Mr. Gentry emphasized how much effort was spent on this particular item and asked how sending this back to the Planning Commission will change anything. Mr. Havasy thanked Mr. Coffey and his staff for their great work with the fact that there is only one issue that needs to be addressed. Mr. Barnes stated that the Board is not trying to take away anyones rights, but trying to support the rights of all citizens. Mr. Purcell stated that he did not realize that this issue was such a big concern and he appreciates delay by a month on this topic to increase his knowledge even if the same recommendation comes back. On motion of Mr. Purcell, seconded by Mr. Havasy, which carried by a vote of 7-0, the Board agreed to adopt the Subdivision and Zoning Ordinance Amendments with the exception of the private shooting range definition.
NEW BUSINESS
Discussion Home Buyer Assistance Program for Affordable Housing
Mr. Howard Evergreen, Director of Housing, thanked the Board for hearing the recommendations of the Affordable Housing Committee and setting aside money for down payment assistance. Mr. Evergreen noted that the committee looked at how best to use the funds dedicated for down payments and recommended allowing the Piedmont Housing Alliance to manage them. Mr. Evergreen indicated that there are people ready to start utilizing these funds and wanted to check with the Board to see if they had any questions. Mr. Barnes suggested that the Affordable Housing Committee be disbanded and each Board member would come forward with one person to nominate to a new Committee and with an additional four members at large, which would include Darren Coffey. This would provide each district with the opportunity to be represented. Mr. Barnes stated that he fully supports this program and asks the Board to disperse this money. Mr. Barnes noted that some language changes were made to clarify that this is not a gift and is a secured loan and this money will come back into this pool. Mr. Wright indicated that this program addresses the issues of providing affordable house for the lower levels of income. Mr. Barnes stated that he is proud of the steps that have been taken by the Board on affordable house. On motion of Mr. Barnes, Mr. Gentry, Mr. Harper, Mr. Havasy, Mr. Jennings, Mr. Purcell and Mr. Wright, seconded by Mr. Barnes, Mr. Gentry, Mr. Harper, Mr. Havasy, Mr. Jennings, Mr. Purcell and Mr. Wright, which carried by a vote of 7-0, the approved to disperse the funds allocated for affordable housing. Mr. Barnes indicated that the current Affordable Housing Committee will be disbanded and asked the Board members to forward their recommendations for their area representative to him prior to the next meeting.
Resolution FY07 CIP & O&M Carryovers Mr. McLeod indicated that the capital account analysis is broken down by future projects, ongoing projects, and potential projects that obviously are not considered for carry-over. Mr. McLeod noted that there was $4,743,709.77 that was not expended during the FY06 for capital improvements. Mr. McLeod further noted that there is a request for $4,916,980.67, which is an additional $182,270.09. He stated that the additional money is for three overruns which are landfill closure, Sacred Heart Avenue paving and the Administration Building generator. The second resolution is for the operational encumbrances. Most of these were for purchase orders and there are some grants such as Homeland Security. Parks and Recreation also has money to carry over for the Betty Queen Center to replace fixtures broken during the year. There is some money from reserve and contingencies for the water study, the Piedmont Crossroads Visitor Center and a telecommunication tower project. Mr. McLeod noted that he included a resolution that the Board has already approved for the vehicle that had been damaged and the request by the Louisa County Public School for their five projects. On motion of Mr. Gentry, seconded by Mr. Wright, which carried by a vote of 7-0, the Board voted to adopt a resolution re-appropriating capital projects. Mr. McLeod noted that there is also a resolution for the re-appropriating operating & maintenance FY06 carryovers. Mr. Lintecum indicated that the funds for the fluoride treatment program should be added at this time. On motion of Mr. Wright, seconded by Mr. Havasy, which carried by a vote of 7-0, the Board voted to adopt a resolution to re-appropriate operating and maintenance FY06 carryovers with the addition of funds for the fluoride treatment program.
Subdivision Review
Orchid Farms Subdivision Copperstone, LLC c/o Christopher J. Whitney, Applicant Route 757 Mr. Coffey indicated that the Community Development Department has received a preliminary conceptual sketch for review of Orchid Farms Subdivision proposed to contain a total of 20 lots, which includes two parcels 21.0 acres or larger. The new subdivision street will be an extension of an existing state road (Route 756, Yancey Drive) that dead-ends at the entrance to the 3.86-acre parcel. Mr. Coffey indicated that they had received a fax today from Mr. Barlow offering conditions, one is that the road would be built to VDOT standards which is required, second is the entrance sign will be constructed of stone and brick masonry, third is regarding removal of a modular home and the last is in regard to the planting of screenings. Mr. Wright noted that there is a power pole at the entrance that he has been told is extremely strong and he wants to be sure that there is not going to be a problem. Mr. Barlow responded that the existing pole is on the edge of the right of way and if this pole becomes a problem it will be moved at the applicants expense before the subdivision gets final approval. Mr. Barnes questioned the issue of this being more than 18 lots. Mr. Coffey stated that the current A-1 ordinance allows for 18 lots by-right and as many 21 acre lots after that as you want and then if a state road is servicing the second parcel it is no longer by-right it is a Board review however the proposal is still for eighteen 1.5 acre lots and two 21 acre lots. Mr. Harper voiced concern that the 21-acre lots could be rezoned and divided again. Mr. Coffey indicated that land usage is subject to change and there could be a deed restrict on the plat that no further divisions could occur and therefore future rezoning could not change that.
On motion of Mr. Wright, seconded by Mr. Havasy, which carried by a vote of 6-1, with Mr. Barnes voting against, the Board voted to send this back to the Community Development for review and add that these lots cannot be re-subdivided at a later date.
Equestrian Landing Sun, LLC c/o Gary Griffith, Applicant Route 601/701 Mr. Coffey indicated that the Community Development Department has received a revised preliminary conceptual sketch for “Equestrian Landing” Subdivision, containing 21 lots in Louisa County. This subdivision is comprised of two parent parcels to be served by a new internal road constructed to VDOT subdivision street specifications, with one access onto Route 701 (Eastham Road). Three of the proposed lots will access from Route 601 (Greenes Corner Road), leaving 18 lots to be served by the new internal subdivision street. As revised the one means of ingress/egress will serve 18 lots; versus two separate roads in close proximity serving approximately 10-11 lots each. Two of the three lots fronting on Route 601 will be served by a single driveway easement. An “equestrian easement” has also been provided that will serve all 21 proposed lots. Mr. Coffey indicated that he met with applicants and due to the topography it does not make sense for access to go all the way through the three lots on Rt. 601. Mr. Purcell questioned whether liability for the equestrian easement had been addressed to protect the property owners. Mr. Coffey indicated that he had not heard of any discussion regarding legal liability. Mr. Harper indicated that he likes the proposal due to the larger lot sizes. On motion of Mr. Jennings, seconded by Mr. Havasy, which carried by a vote of 4-3, with Mr. Barnes, Mr. Purcell and Mr. Gentry voting against, the Board voted to send this back to the Community Development for review.
CLOSED SESSION
On motion of Mr. Purcell, seconded by Mr. Wright, which carried by a vote of 7-0, the Board voted to enter Closed Session at 6:44 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 litigation.
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. Wright, seconded by Mr. Havasy, which carried by a vote of 7-0, the Board voted to return to Regular Session at 7:00 p.m. RESOLUTION - CERTIFICATION OF CLOSED SESSION
On motion of Mr. Gentry, seconded by Mr. Purcell, which carried by a vote of 7-0, the Board voted to adopt the following resolution:
WHEREAS, § 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 5th day of September 2006, that the Louisa County Board of Supervisors does hereby certify that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting was heard, discussed or considered by the Louisa County Board of Supervisors.
PUBLIC HEARINGS REZ09-06; Stephen Pick and Pamela Pick, Applicants/Owners, CUP06-06; David Wilson, Applicant; Glenn Swenson, Owner; Graven Craig, Agent, Mr. Coffey indicated that this is a request for issuance of a conditional use permit for the establishment and operation of a public garage, specifically for the retail sale of motorcycles and accessories. The property is located at the intersection of Route 33 (Jefferson Highway) and Route 648 (Jouett School Road). This is in Jackson Magisterial and Voting District. The Neighborhood Meeting was held on June 14, 2006 at which eight people were present for this request. No one had specific comments; however, they all stated their support of the request. The Development Review Committee met on June 28, 2006 to review this application for a conditional use permit. The Committee recommended several changes to the conditions recommended and forwarded a recommendation of approval to the Planning Commission with the amended conditions. These amended conditions included that only mechanical repairs and installations associated with the sale of custom parts and accessories will be allowed, hours of operations amended to state “Open to the Public” so that work can be done on the bikes when the store is closed and lastly they added no overnight storage of equipment is allowed. The Planning Commission held a public hearing on July 13, 2006 at which two people spoke during the public hearing, one for the request and one against the request. The person speaking against the request indicated that they did not feel that this type of use should be located in a residential area. The Planning Commission voted 6-0, to forward a recommendation of approval to the Board of Supervisors, with the conditions previously outlined. On motion of Mr. Jennings, seconded by Mr. Wright, which carried by a vote of 7-0, the Board approved the request for rezoning.
REZ11-06; Lawrence B. Nuckols, Applicant; Charles Edward Shelton, et al., Owners; Grayson S. Johnson, Agent, Mr. Coffey indicated that he had received revised proffers for this request this afternoon and provided this information to the Board for their reference. Mr. Coffey stated that this request is for the rezoning of approximately 69.8 acres from Agricultural (A-1) to Agricultural (A-2). The property is located on the south side of Route 522 west of Route 663. This is in the Jackson Magisterial District and the Mountain Road Voting District. The comprehensive plan designates this area of the county as agricultural and the nearest growth area is located at Gum Spring. At the Neighborhood Meeting held on June 14, 2006, there were three people present. Each of these individuals stated their opposition to the request citing the following reasons: the affect on their taxes, the additional number of vehicles traveling by their house to access the subdivision, the proposed road way would be next to their house, and when the property was originally divided for the family, the 50-foot strip of land out to Route 522 was to provide access to this property only. The Development Review Committee met on June 28, 2006 to review the requested rezoning application and the Committee had some discussion over the location of utilities to access the proposed subdivision and ended up forwarding a recommendation of approval to the Planning Commission. The Planning Commission held a public hearing on July 13, 2006 at which two people present that spoke against the rezoning request. There were concerns about the location of the proposed road to existing dwellings and future access of other adjoining parcels to this street. There were also concerns about the number of additional vehicles accessing Route 522. The Planning Commission discussed the width of the road and utility easements and there was discussion between the Commission and the applicants agent regarding restricting access to the proposed road. The applicants agent indicated that they would have no problem proffering that the road remain private if that was the desire of the Commission once constructed to VDOT subdivision street specifications and this would give them the ability to restrict access. The Planning Commission did recommend approval on the requested rezoning with the recommendation that the road would remain private and be handled by a homeowners association. The motion passed by a vote of 5-0. The proffers that were included today confirm the proffers that were agreed upon at the Planning Commission meeting. These proffers included that the subdivision road shall be built to state specifications but be kept as a private road, the properties adjoining the private road should not be allowed access to said road, the tax parcel 96-15-4 which is adjacent to this project will not be further divided and we will place a deed restriction on that parcel to ensure that it cannot be further divided. On motion of Mr. Wright, seconded by Mr. Jennings, which carried by a vote of 7-0, the Board agreed to approve the rezoning of the 18-lot subdivision requiring a state road and not accept proffer 1 and 2. After further discussion by the Board in regard to the additional 10-acre lot, Mr. Wright withdrew this motion and Mr. Jennings withdrew the second.
COMMITTEE REPORTS COUNTY ADMINISTRATOR REPORT Mr. Lintecum advised the Board that a Board member has a conflict with continuing the meeting to September 11th and after discussion by the Board it was agreed that the workshop meeting would be postponed and held on September 25th. On motion of Mr. Purcell, seconded by Mr. Jennings, which carried by vote of 7-0, the Board agreed to begin the review process for Taylors Creek Agricultural Forestal District and refer the application to the Planning Commission. Resolution Appropriation to the Sheriffs Department for Funds Raised as a Result of a Catfish Tournament On motion of Mr. Purcell, seconded by Mr. Jennings, which carried by vote of 7-0, the Board agreed to adopt a resolution for appropriation to the Sheriffs Department for funds raised as a result of a catfish tournament. Resolution Supplemental Appropriation for State Funding Related to the Victims Witness Assistance Program On motion of Mr. Purcell, seconded by Mr. Jennings, which carried by vote of 7-0, the Board agreed to adopt a resolution for supplemental appropriation for state funding related to the Victim Witness Assistance Program. Resolution Appropriate the VPSA Bonds to the Louisa County School Capital Projects Fund On motion of Mr. Purcell, seconded by Mr. Jennings, which carried by vote of 7-0, the Board agreed to adopt a resolution to appropriate the VPSA Bonds to the Louisa County School Capital Projects Fund. Schedule Public Hearing REZ01-06; BBCR, LLC, Applicants/Owners, John Carroll, Agent; requests rezoning of approximately 33 acres from Agricultural (A-2) to Residential General (R-2) and General Commercial (C-2). On motion of Mr. Purcell, seconded by Mr. Jennings, which carried by vote of 7-0, the Board agreed to schedule the public hearing for REZ01-06; BBCR, LLC, Applicants/Owners, John Carroll, Agent for the October 2, 2006 meeting Schedule Public Hearing REZ13-06; Mill Rogers, Applicant; Carolyn Payne Turpin, Owner; Penny G. Koch, Agent; requests rezoning of approximately 3.181 acres from Agricultural (A-2), Residential General (R-2) and Light Commercial (C-1) to General Commercial (C-2).
On motion of Mr. Purcell, seconded by Mr. Jennings, which carried by vote of 7-0, the Board agreed to schedule the public hearing for REZ13-06; Mill Rogers, Applicant; Carolyn Payne Turpin, Owner; Penny G. Koch, Agent for the October 2, 2006 meeting Resolution Requesting Governor Tim Kane to Have Louisa County Designated a Drought Disaster Area CORRESPONDENCE Mr. Lintecum indicated that correspondence had been received in regard to the VDOT changes. Mr. Gentry asked Darren to check in see if we are currently meeting VDOT requirements with the 566 Program changes. Mr. Jennings requested that the Board receive supporting documents for the $20,000 in repair work for Bumpass Park. Mr. Barnes and Mr. Gentry both indicated that they will be abstaining in regard to items pertaining to them. On motion of Mr. Wright, seconded by Mr. Purcell, which carried by a vote of 7-0, a resolution was adopted approving the bills for the month of August 2006 for the County of Louisa in the amount of $1,112,167.00.
APPROVAL OF MINUTES On motion of Mr. Wright, seconded by Mr. Havasy, which carried by a vote of 7-0, the Board adopted the August 1, 2006 minutes. On motion of Mr. Wright, seconded by Mr. Purcell, which carried by a vote of 7-0, the Board agreed to hold the September 18th Board meeting at the Louisa Town Hall. ADJOURNMENT On motion of Mr. Gentry, seconded by Mr. Purcell, which carried by a vote of 7-0, the Board voted to adjourn the regular meeting at 8:43 p.m. BY ORDER OF |