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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 November 7, 2005 regular meeting of the Louisa County Board of Supervisors to order at 5:00 p.m. Mr. Jennings led the invocation, followed by the Pledge of Allegiance to the flag.
CONSTITUTIONAL OFFICERS Nancy Pleasants, Commissioner of Revenue, informed the Board that she was here this evening to remind them that they are drawing near to the time that they have to address the Personal Property Tax Relief Act (PPTRA) for 2006. Mrs. Pleasants said that the state is putting a freeze on the amount of money that they will be sending to each locality; therefore, they need to address the percentage of the PPTRA that they would be allowing for 2006. Mrs. Pleasants said that the state is currently paying 70% on qualifying vehicles. She explained that the freeze would be based on the amount of taxes and the payment that the state has made to the County through the 2004 tax year. Mrs. Pleasants said that they have to look at what they are going to do about that difference by determining the growth progression of the County and how much tax revenue would be lost if they continue allowing the 70%.
CITIZENS INFORMATION PERIOD There were no citizens wishing to address the Board. Chairman Barnes stated that item four on the agenda for the Technical Assessment would be removed this evenings agenda along with item 10, g. for allowing localities to utilize prisoners for removal of trash and road debris, since this issue is already being addressed. Mr. Wright said that he would like to add Rock Spring Road and Walnut Woods Drive as items to the agenda for consideration of a resolution to add these roads as Rural Additions. On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, the November 7, 2005 agenda was adopted as amended.
PRESENTATION
Rappahannock Juvenile Detention Center (RJDC) Doug Jones, RJDC Superintendent, introduced Donna Smith, RJDC Finance Director, to the Board and said that she would be explaining the statistical information for the “True-Up” process for the member jurisdictions that participate with the RJDC. Mr. Jones said that the True-Up service agreement was made April 21, 1998 by the RJDC and the member jurisdictions. Mr. Jones identified the participating member jurisdictions. Mr. Jones explained how the True-Up process is determined, saying that at the end of each fiscal year the commission share shall compare each member jurisdictions operating component to a respective actuality use percentage of the total detainee days used by the members jurisdictions concession preceding fiscal year. Mr. Jones said that the localities are billed based upon the childcare days for the calendar year. Mr. Jones reiterated that the True-Up is based on fiscal year totals; therefore if a member has underpaid, they would be billed for the additional amount or credited if they had overpaid. He said that the member jurisdictions would not receive their credit for overpayment until the Commission has received all payments due from member jurisdictions. VDOT Monthly Update - Milton Thacker, Resident Engineer Milton Thacker, VDOT Resident Administrator, summarized VDOTs current maintenance activities to the Board saying that local maintenance crews have been conducting vegetation control operations on secondary roads, day-lighting signs, completed equipment readiness for the winter season, and supporting traffic control for several incidents over the past month. Mr. Thacker identified VDOTs current construction activities saying that the current surfacing and overlay contracts have been completed with the exception of minor corrective work, trying to coordinate efforts with the schools to close Hamilton Road (Route 695) between Routes 640 (East Jack Jouett Road) and 636 (Valentine Mill Road) for a week to perform bridge repairs, waiting on staking of the proposed road for the industrial access on the Library Tract, selected Pearson Construction for the project on Route 718 (Proffits Road), awaiting scoping approval to begin improvements of Bakers Branch (Route 754) and Indian Creek Road (Route 699), and the need for a revised resolution from the County identifying the incorporation of the funds that are now being used to complete Rock Springs Road and Walnut Woods Drive. Mr. Thacker identified VDOTs general activities as their public hearing that is being held this evening for the Six Year Plan, which he has received two requests for this for May Lane that is off of Route 613 at Oakland and Harts Mill Road (Route 647) off of Route 522. 2006 Thomas Jefferson Planning District Legislative Program - David Blount
David Blount reminded the Board that he had told them in September that he would be back to discuss the Regional Legislative Program. Mr. Blount identified the high priority items along with their objective as transportation, local revenue authority, public education funding, comprehensive services act, and public safety. Mr. Blount said that behind the priority items are the continued areas of concern such as economic development, environmental quality, health and human services, housing, and local government structure and laws. Mr. Blount identified changes that were endorsed last week by other localities for the transportation position statement, they added the word “state” to clarify the phrase and establish state and local assistance and state revenues. Mr. Blount said that they had added a clause to the third paragraph under transportation that now states, “we support the ongoing state and local efforts to coordinate transportation and land use planning and state incentives for localities that implement such planning practices.” Mr. Blount said that another change is listed under the public education funding position that changed the second sentence of the first paragraph to read as, “in 2004 the state acknowledged that localities have greatly exceeded their mandated responsibilities for educational funding by providing dollar for initiatives…” Mr. Blount identified the last change as being under land use and growth management, which pertains to the statement concerning the Supreme Courts Kelo versus New London decision in the second bullet, they added, “including schools, transportation facilities, and redevelopment projects being carried out by a governmental entity to avoid and abate blight.” In closing, Mr. Blount informed the Board that the Legislative Luncheon would be held on Tuesday November 29, 2005. The Board discussed this topic with Dr. Morgan saying that during their retreat, they had discussed expanding the recruitment and retention programs for the volunteers of fire and rescue. Dr. Morgan said that one of the options that they are considering is a state run defined contribution plan for VOLSAP, which the state identifies their contribution as zero dollar amount, but he would like to have this added as an issue to request the state to fully fund the VOLSAP Program that was established five years ago and has not received any funding. Mr. Gentry asked if all of the priorities held the same weight.
Resolution - To Add Additional Mileage to Rock Spring Road of The Secondary System of State Highways and To Add Walnut Woods Drive To The Secondary System of State Highways
On motion of Mr. Wright, seconded by Mr. Purcell, which carried by a vote of 7-0, a resolution was adopted to add an additional 0.50 mileage to Rock Spring Road and to add Walnut Woods Drive to the Secondary System of State Highways with a revenue sharing contribution of $119,187 from the County of Louisa.
Resolution - To Authorize a “Watch for Children at Play” Sign on State Route 722 (Garretts Mill Road)
On motion of Mr. Gentry, seconded by Mr. Purcell, which carried by a vote of 7-0, a resolution was adopted authorizing a “Watch for Children at Play” sign to be erected on state Route 722, Garretts Mill Road.
NEW BUSINESS
Awarding the Contract for the Water System and Sanitary Sewer Improvements North of I-64 at Zion Crossroads Bar Delk Bar Delk, Water Authority Director, explained to the Board that this is the third and final step to run the Spring Creek lines to the lines that they are currently putting under the interstate that will connect to the lines on the north side of the interstate. Mr. Delk said that Faulconer Construction was the lowest bidder at $253,823. Mr. Delk said that this contractor is currently doing other work for the Spring Creek Development. Mr. Delk urged the Board to consider implementing a 10% contingency fund as part of this request so he would have the appropriate funds to handle change order and other issues that come along with this type of project. On motion of Mr. Gentry, seconded by Dr. Morgan, which carried by a vote of 7-0, a resolution was adopted to award a contract for the water system and sanitary sewer system improvements north of I-64 at Zion Crossroads to Faulconer Construction Company, Inc. in the amount not to exceed $253,823.00.
Water Authority Contingency Fund
On motion of Mr. Gentry, seconded by Dr. Morgan, which carried by a vote of 7-0, a resolution was adopted approving the award of contingency to the Water Authority for contract for the water system and sanitary sewer system improvements north of I-64 at Zion Crossroads.
Tax Relief for Elderly and Disabled Ernie McLeod, Deputy County Administrator, stated that the Board had discussed tax relief for the elderly at their recent retreat, which they wanted to address the changes that were made to increase the net worth of the elderly or disabled to $100,000, increase the calculation of the acreage that is excluded from the net worth to ten acres, and increase the maximum limit of the tax relief to $1,000. Mr. McLeod said that in trying to calculate how much revenue would be lost by doing this, was difficult, but in brief they would be looking at $8,000 loss in revenue by increasing the acreage, plus how many other individuals might qualify that are not quantifiable right now. Mr. McLeod said that the $200.00 increase in the limit would be about $72,000, which would depend on how many people are involved. Mr. McLeod informed the Board that if they would like to implement this, then a public hearing would be required and would have to be scheduled. Car Tax Mr. McLeod informed the Board that action is needed by them to hold a public hearing to enact an ordinance that would allow them to set the rate for car tax during their budget process. COMMITTEE REPORTS Mr. Purcell reported to the Board that the Library Board met on Thursday November 3, 2005. Mr. Purcell said that Mr. Holladay from the Jefferson Madison Regional Library had attended the meeting and provided them an in depth report on what they do and how they help the citizenry. Mr. Purcell said that beginning this Sunday November 13, 2005, the Library would be extending their hours during the winter months to open on Sundays from 1:00 p.m. to 5:00 p.m. Mr. Wright said that he wanted to know if Jim Riddell was still going to be an active member for the Agricultural and Forestal District Advisory Committee. COUNTY ADMINISTRATOR REPORT Mr. Lintecum presented his report highlighting the following items: Mr. Lintecum informed the Board that he has enclosed a letter from the Health Department addressing their concerns about the backhoe policy, which they have come up with an exemption from the policy if the Board wishes to pursue it. CONSENT AGENDA
On motion of Mr. Gentry, seconded by Mr. Wright, which carried by a vote of 7-0, the Board agreed to adopt the Consent Agenda for the four scheduled public hearings that will be held on December 5, 2005 and the following two resolutions: Resolution - Appropriation of Additional Funds to the Louisa County Social Services Department On motion of Mr. Gentry, seconded by Mr. Wright, which carried by a vote of 7-0, a resolution was adopted approving the appropriation of $9,800 to the Social Services Department for funds that were received from federal sources for the TANF Competitive Grant for the period of June 1, 2005 through August 31, 2005.
Resolution - Appreciation for Michelle Thurston of the Community Development Department
On motion of Mr. Gentry, seconded by Mr. Wright, which carried by a vote of 7-0, a resolution of appreciation was adopted for Michelle Thurston for her four years five months of dedicated service to the citizens of Louisa County and wishes her the best of luck on her future endeavors. APPROVAL OF MINUTES 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 second half of October 2005, for the County of Louisa in the amount of $754,714.30.
CLOSED SESSION
On motion of Mr. Gentry, seconded by Mr. Purcell, which carried by a vote of 7-0, the Board voted to enter Closed Session at 6:10 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 in the Zion Crossroads area. On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board voted to return to Regular Session at 6:57 p.m. RESOLUTION - CERTIFICATION OF CLOSED SESSION On motion of Mr. Gentry, seconded by Dr. Morgan, 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 7th 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 7th 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. PUBLIC HEARINGS
VDOT 2006/2007 Through 2011/2012 Six Year Plan and 2005/2007 Secondary System Construction Budget Mr. Thacker said that VDOT and the Board annually work together to develop the Secondary Six Year Plan. Mr. Thacker said that they are looking for opportunities from public comment this evening along with the Boards input to finalize the plan so they can bring it back in December. Mr. Thacker said that the plan currently has twenty-seven items in it aside from the ones that reflect zero that are currently being worked on. Mr. Thacker said that they have responded to many of their concerns to change some of the construction projects to Rural Rustic. Mr. Thacker said that they would be able to net a saving of approximately $300,000 for the Lands End Project on Route 750, which they can apply these funds to other projects. Mr. Thacker said that he had received a request about May Lane off of Route 613 and Harts Mill Road off of Route 647 as new additions, which he believes they could do as Rural Rustic. In response to the concerns that were raised, Mr. Thacker said that in order for them to put the edge line on the roads, they have to have a minimum and consistent width of 20. Mr. Thacker explained that when VDOT reconstructs a road with the proper shoulders and the proper embankments, there is an opportunity to maintain the grass much better that when you have a Rural Rustic Road where they are making any improvements or a road with only 30 of right-of-way that only has a short distance between the edge of the pavement and the ditch line. Mr. Thacker said that the majority of the secondary routes typically only gets cut once a season or possibly twice. Mr. Thacker said that VDOT does respond to safety issues at an intersection or around a curve for vegetation. Mr. Thacker stated that they are unable to trim any further beyond their right-of-way unless they have permission from the property owner. Mr. Thacker said that his office was unaware of the availability of the right-of-way, which now allows them to move forward with the project. Mr. Thacker suggested that the Board consider applying some of the money that they saved on the Lands End towards this project. Upon further discussion by the Board, Chairman Barnes asked Mr. Thacker to meet with Mr. Carter regarding the right-of-way to take care of that issue so they can move forth with the project. Chairman Barnes asked Mr. Thacker to verify if the date was accurate for Captain Meade Road. Mr. Gentry asked what the earliest date was that the Byrd Mill Road could be completed. Resolution - To Have Patrick Henry Place Considered as a Rural Rustic Road
On motion of Dr. Morgan, seconded by Mr. Wright, which carried by a vote of 7-0, a resolution was adopted requesting VDOT to have Patrick Henry Place (Route 711) considered as a Rural Rustic Road.
Resolution - To Have Vigor Road (Route 697) Considered as a Rural Rustic Road
On motion of Dr. Morgan, seconded by Mr. Wright, which carried by a vote of 7-0, a resolution was adopted requesting VDOT to have Vigor Road (Route 697) considered as a Rural Rustic Road.
Amendment to the Louisa County Code Section 10:52, Transient Occupancy Tax Mr. Morgan explained to the Board that he has enclosed a draft amendment to the Louisa County Code Section 10:52, which will establish a Transient Occupancy Tax for room rentals. This would apply to motels, boarding houses, travel campgrounds, and other facilities offering guest rooms rented out for continuous occupancy for fewer than thirty days; therefore, if it were for more than thirty days, then the tax would not apply. Mr. Morgan said that the tax that has been established is a 2% tax on the amount of the charge for the occupancy. He said that this amount has been established in the State Code and cannot exceed this amount. Mr. Morgan said that the person who is collecting the taxes is entitled to no more than 5% of the taxes collected as a processing fee and turning those taxes over to the local government. Mr. Morgan said that the taxes would be due to the Treasurer at the end of each fiscal quarter. Mr. Morgan stated that he has drafted a provision saying that this ordinance would not take effect until January 1, 2006 if the Board decides to adopt the ordinance. Amendment to the Louisa County Code to Enact Section 70-11, Assessment of New Buildings Substantially Completed Mr. Morgan explained to the Board that this is to have an ordinance put in place that would allow for partial year assessments on buildings that are constructed since the County is currently experiencing such rapid growth. Mr. Morgan said that this allows an assessing officer to look at a structure that is substantially completed for use and occupancy by November 1 of the year in which the assessment is to take effect. Mr. Morgan pointed out that the ordinance says that once a structure has been assessed, published, and made public record, then the locality can collect tax on it. Upon further discussion by the Board, Mr. Purcell stated that he would not want this to be a deterrent in preventing individuals from coming to the County since they would be charging someone for something before they are actually utilizing it. Mr. Purcell said that he was under the assumption that they were going to be charging individuals for partial structures, but since Mr. Morgan confirmed that there would have to be a temporary certificate for occupancy, then he is able to support this. Chairman Barnes asked Mr. McLeod if other localities pro-rate assessments. Chairman Barnes asked Mrs. Pleasants if she was staffed to handle the pro-rations. Mr. Wright pointed out that the information has to be entered into their system at one point and time, so he didnt understand why there would be a staffing issue. Mr. Jennings said that he believes that this is ideal and something they need to move forth with since individuals begin earning equity on their property once they have purchased it; therefore, he would support this. Dr. Morgan said that he believes that they are losing a lot of revenue on structures that are ready for occupancy; therefore, he agrees that this is something that they should move forward with. Mr. McLeod responded that this is becoming more prevalent with many localities. Mr. McLeod said that this becomes a fairness issue that the individuals pay taxes along with everyone else that is required. Mrs. Pleasants said that they have enough staff for right now, but as the County continues to grow, there could be a possible need for additional staff in the future. On the motion of Mr. Jennings, seconded by Dr. Morgan, which carried by a vote 7-0, a resolution was adopted to amend the Louisa County Code, Section 70, Taxation, to add Section 70-11, Assessment of New Buildings that are substantially completed to allow for the pro-ration of taxes. CORRESPONDENCE Mr. Gentry stated that he would like to follow up on prior correspondence to verify what the School Boards response was for the property on Route 619 (New Line Road) and how the funds were used for the $25,000 that the Board sent to the Red Cross for hurricane relief. LEGAL CORRESPONDENCE
Mr. Morgan did not discuss any legal correspondence with the Board. ADJOURNMENT On motion of Mr. Purcell, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board voted to adjourn the November 7, 2005 regular meeting at 8:03 p.m.
BY ORDER OF |