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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 October 2, 2006 regular meeting of the Louisa County Board of Supervisors to order at 5:00 p.m. Mr. Gentry led the invocation, followed by the Pledge of Allegiance.
ADOPTION OF THE AGENDA Mr. Barnes asked that a discussion on the dental clinic be added to the agenda. PRESENTATIONS
VDOT Monthly Update Jamie S. Glass, Jr., Acting Residency Administrator, introduced Mr. James Mark Wood who is the new Residency Program Manager. Mr. Wood will be in charge of the Residencys Land Use and Development program which encompasses residential and commercial development in Louisa and Fluvanna Counties. Mr. Glass indicated that Mr. Wood will also be overseeing the Residencys various Access Programs. Mr. Wood addressed the Board and stated that he is looking forward to working with each of the members.
Mr. Wright thanked Jamie for the work that was put into clearing the sides of the roads which looks better and is much safer. Mr. Wright asked Mr. Glass to check into the speed reduction sign that is located on Rt. 33 (Jefferson Hwy.) on Shifflets curve because there are limbs hanging in front of the sign making it difficult to see. Mr. Wright noted that the 25 mph reduction that is proposed on Rt. 804 (Rock Springs Rd.) will be difficult to enforce and feels that a more appropriate speed would be 45 mph. Draft TJPD Legislative Program
During discussion with the Board, Mr. Wright pointed out that Dr. Morgan still appears on their letterhead and this should be changed appropriately to Mr. Havasy. Mr. Barnes indicated that when he attended the meeting he found that all localities have a lot in common and have the same problems and issues. On motion of Mr. Gentry, seconded by Mr. Wright, which carried by a vote of 7-0, the Board voted to approve the draft TJPD legislative program.
Dental Clinic Ms. Sandy Miller, District Administrator, Department of Health, and Mr. Lawrence Jackson, Citizens in Action, addressed the Board to report back on the status of the appropriations made by the Board in support of a start-up of a dental fluoride supplement program for Louisa County. Ms. Miller indicated that the program has had a delayed start-up, but feels very encouraged after meeting with Mr. Jackson that they can produce a very successful program. There is a new dental preventive for infants and children up to pre-K that are in the WIC program and the program Mr. Jackson will be providing will pick up from there and go through 6th grade. Ms. Miller feels that with the two programs in place they can make a very positive start to improve the dental health of the children in the community. Ms. Miller stated her appreciation for the Boards support and encouragement. Mr. Wright stated that he is delighted to see these two organizations working together and supports this effort. Mr. Jackson thanked the Board for their efforts in getting this passed through and noted that he looks forward to coming back to the Board in the future and giving a very positive report on this program as they move forward. On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board voted to support and appropriate the funds for the dental program to the Citizens for Better Dental Care.
OLD BUSINESS
Discussion/Decision Rezoning request - REZ11-06; Lawrence B. Nuckols, Applicant; Charles Edward Shelton, et al., Owners; Grayson S. Johnson, Agent On motion of Mr. Wright, seconded by Mr. Jennings, which carried by a vote of 6-1, with Mr. Havasy voting against, the Board voted to approve the rezoning request. Subdivision Review Dickens Creek Farm, LLC Parcel 98(27)-D On motion of Mr. Wright, seconded by Mr. Havasy, which carried by a vote of 7-0, the Board voted to deny forwarding parcel 98(27)-D of the Dickens Creek Subdivision application to Community Development for review.
NEW BUSINESS
Consideration Support Agreement between the County of Louisa and the Louisa Downtown Development Corporation Mr. McLeod referenced a request by the Louisa Downtown Development Corporation that is a guarantee that the Board would put funding in the budget. Mr. McLeod indicated that the amount was originally $250,000 over three years and we have given them the first payment with a balance of $165,000. Last year LDDC upped their request to $400,000 minus the $85,000 for a balance of $315,000 and since then we have given them $105,000. They are now asking for two more payments of $105,000 payable in FY08 and FY09. Mr. Wright asked when the additional $150,000 was approved and Mr. McLeod indicated that this was approved during last years budget process. Mr. Purcell questioned the premise behind this moral agreement and Mr. Barnes indicated that this helps the non-profit organizations get additional funding by showing the Countys support. Mr. Gentry emphasized that they wanted these funds to be utilized for the Art Center and not the Town Hall portion of the project and would like the language to be changed appropriately. Mr. Barnes clarified that this was specifically done so that the funding was in support of the Art Center only. Mr. Lintecum indicated that this has been discussed and made clear to the LDDC and we can ask that this agreement be changed. Mr. Barnes asked Mr. Lintecum to have this changed. On motion by Mr. Gentry, seconded by Mr. Purcell, which carried by a vote of 6-0-1, with Mr. Wright abstaining, the Board voted to accept the agreement with the requested changes to reflect that the funds are to be utilized for the Art Center.
Appeal of Planning Commission Decision Shoreline Special Exception Permit Request Harold and Terry Westervelt, Applicant/Owner On motion of Mr. Jennings, seconded by Mr. Wright, which carried by a vote of 7-0, the Board voted to deny the special exception permit request appeal. Mr. Purcell noted that this is the first time in a long while that we have had an applicant appeal a decision from the Development Review Committee, through the Planning Committee and up to the Board. Not taking away this right to appeal was something the Board felt strongly about and although we concurred with the Development Review Committee and Planning Commission it is important that this process remain as it is. COMMITTEE REPORTS
Mr. Lintecum indicated that we have advertised for the Superintendent position for the pool and have started to receive applications. Jason Pauley, County Engineer; and Kevin Linhares, Director of Facilities Management are working on the timeline and they will have a full meeting once this schedule is complete. Mr. Havasy asked if anyone has researched what the maintenance fees and projected costs will be per year. Mr. Barnes indicated that James Smith, Director of Parks and Recreation has this information.
BOARD APPOINTMENTS
Mr. Wright asked that Mr. George W. Young be appointed to the Affordable Housing Committee. Mr. Gentry questioned the Board of Zoning Appeals roster which is showing Joe Leslie as being from the Mineral District and this should be the Cuckoo District. On motion of Mr. Wright, seconded by Mr. Havasy, which carried by a vote of 7-0, the Board appointed Mr. George W. Young to the Affordable Housing Committee.
COUNTY ADMINISTRATORS REPORT
Mr. Lintecum noted that on October 25th there will be a primary road public meeting to receive input and he will add this to the next agenda so the Board can decide to maintain existing priorities or to change them. CONSENT AGENDA ITEMS
Resolution To take two (2) streets in the Reedy Creek Subdivision into the secondary system of highways in Louisa County, Virginia On motion by Mr. Wright, seconded by Mr. Gentry, with Messrs Barnes and Purcell abstaining, which carried by a vote of 5-0-2, the Board adopted a resolution to take two (2) streets in the Reedy Creek Subdivision into the secondary system of highways in Louisa County, Virginia
Resolution- Supplementary appropriation to the Louisa County Water Authority for the Zion Crossroads I-64 Bore ($5,245) On motion by Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board adopted a resolution for supplementary appropriation to the Louisa County Water Authority for the Zion Crossroads I-64 Bore ($5,245)
Resolution- Supplementary appropriation to the Louisa County Water Authority for the Zion Crossroads South of I-64 ($21,054). On motion by Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board adopted a resolution for supplementary appropriation to the Louisa County Water Authority for the Zion Crossroads South of I-64 ($21,054) Report of Animal Control Officer - Approve payment for destroyed livestock On motion by Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board approved payment for destroyed livestock. Schedule Public Hearing REZ14-05; Mack R. and Julie B. Houston, Applicants/Owners request rezoning of approximately 99.00 acres from Agricultural (A-2) to Residential Limited (R-1). The property is located on the northeast side of Route 618 (Belsches Road), between Route 601 (Bumpass Road) and Route 701 (Borden Road). The property is further identified as tax map parcel 76-14, in the Jackson Magisterial District and Jackson Voting District. The 2006 Comprehensive Plan designates this area of Louisa County as Agricultural. (November 6, 2006) On motion by Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board approved to schedule the public hearing for REZ14-05; Mack R. and Julie B. Houston, Applicants/Owners for November 6, 2006 Schedule Public Hearing REZ12-06; B. T. Goodman Builders, Inc., Applicant; Kosmo Corporation c/o Pamela Smook Oliver, Owner; Cameron B. Wood, Agent requests rezoning of approximately 88.79 acres from Agricultural (A-1) to Agricultural (A-2). The property is located on the west side of Route 601 (Wickham Road), 1.9 miles north of Route 33 (Jefferson Highway). The property is further identified as tax map parcel 84-51, in the Jackson Magisterial District and Jackson Voting District. The 2006 Comprehensive Plan designates this area of Louisa County as Agricultural. (November 6, 2006) On motion by Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board approved to schedule the public hearing for REZ12-06; B. T. Goodman Builders, Inc., Applicant; Kosmo Corporation c/o Pamela Smook Oliver, Owner; Cameron B. Wood, Agent for November 6, 2006
CORRESPONDENCE
Mr. Lintecum pointed out that a memo had been received from Mr. Butch Davies regarding shrinking VDOT maintenance crews. APPROVAL OF BILLS
On motion of Mr. Wright, seconded by Mr. Havasy, which carried by a vote of 7-0, a resolution was adopted approving the bills for the second half of the month of September 2006 for the County of Louisa in the amount of $381,606.05. Mr. Barnes indicated that the CSA bill is creeping back up and we need to watch this.
APPROVAL OF MINUTES
On motion of Mr. Wright, seconded by Mr. Jennings, which carried by a vote of 7-0, the Board adopted the September 18, 2006 minutes.
CLOSED SESSION On motion of Mr. Purcell, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board voted to enter Closed Session at 5:47 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 at Zion Crossroads. REGULAR SESSION On motion of Mr. Jennings, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board voted to return to Regular Session at 7:00 p.m.
On motion of Mr. Purcell, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board voted to adopt the following resolution: NOW, THEREFORE BE IT RESOLVED on this the 2nd day of October 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 Consultation with Legal Counsel, in accordance with §2.23711(a)(7) of the Code of Virginia, 1950 as amended, for the purpose of consulting with counsel.
PUBLIC HEARINGS
REZ01-06; BBCR, LLC, Applicants/Owners, John Carroll, Mr. Coffey indicated that the agent requests rezoning of approximately 33 acres from Agricultural (A-2) to Residential General (R-2) and General Commercial (C-2). The property is located on the southwest side of Route 652 (Kentucky Springs Road), north of Route 685 (Centerville Road). The property is further identified as tax map parcels 30-16 and 30-17, in the Cuckoo Magisterial District and Cuckoo Voting District. The 2001 Comprehensive Plan designates this area of Louisa County within the Lake Anna Designated Growth Area for Low Density Residential. There was no one present at the Neighborhood Meeting held June 14, 2006 regarding this request other than the applicant. At the June 28, 2006 Development Review Committee meeting, the Committee expressed concerns that the applicant had not contacted the neighboring property owners to solicit comments regarding the proposed development. The Development Review Committee voted to continue this request until the July meeting for additional information to be submitted by the applicant, including results from neighbor contact and any proposed proffers. The Development Review Committee met again on July 26, 2006 to review the requested rezoning application. The applicant advised that they had met with the neighbor across the road and the President of the Pine Harbour Property Owners Association regarding the request. The neighbor across the road had no objections and the only concern expressed by the POA was the reference to “light industrial” uses. The applicant explained that instead of listing uses that would be excluded on-site, they chose to make a list of uses that would be allowed. The Committee agreed that the applicant had worked on the items that were requested of them at the June DRC meeting and voted to forward a recommendation of approval to the Planning Commission with the applicant clarifying the wording in the proposed proffers to remove “light industrial/ manufacturing and processing” and to include “construction trades with inside repair” and to have these revisions available at the Planning Commission meeting. The Planning Commission held a public hearing on August 10, 2006 and voted (7-0) to forward a recommendation of approval to the Board of Supervisors with the acceptance of the three proffers, as submitted, with the applicant proffering the May 2006 conceptual plan also. It appears that the request meets the spirit and intent of the zoning ordinance, and is partially consistent with the 2001 Comprehensive Plan designation of this area of Louisa County as Low Density Residential. The residential portion of the rezoning would also be in conformance with the surrounding land uses and zoning. The Board may wish to consider the possible benefits of a mixed-use project as opposed to just residential. With no questions from the Board, Mr. Barnes opened the public hearing and asked the applicant if they wished to speak. Mr. Carroll indicated that he lives close to this area and he is hoping for something along the lines of a Ukrops and noted that there is going to be a lot more mixed use coming into this area. With no citizens wishing to speak Mr. Barnes closed the public hearing and brought discussion back to the Board. On motion of Mr. Gentry, seconded by Mr. Wright, which carried by a vote of 7-0, the Board voted to approve the rezoning of approximately 33 acres from Agricultural (A-2) to Residential General (R-2) and General Commercial (C-2).
REZ13-06; Mills Rogers, Applicant; Carolyn Payne Turpin, Owner; Penny G. Koch, Agent, Mr. Coffey noted that this is a request for rezoning of approximately 3.181 acres from Agricultural (A-2), Residential General (R-2) and Light Commercial (C-1) to General Commercial (C-2). The property is located on the north side of Route 860 (Klockner Road), just west of the intersection with Route 15 (James Madison Highway). The property is further identified as tax map parcel 2-14, in the Green Springs Magisterial District and Green Springs Voting District. The 2001 Comprehensive Plan designates this area of Louisa County as Community Service bordering mixed use within the Gordonsville Designated Growth Area. One person was in attendance at the Neighborhood Meeting held on July 12, 2006 and they stated that they did not have any problems with the request. The Development Review Committee met on July 26, 2006 to review the requested rezoning application. There was discussion with the agent regarding the items the Committee would like to see addressed before the Planning Commission meeting, and voted to forward a recommendation of approval to the Planning Commission. The items to be addressed by the applicant include the buffer, traffic (access) and the use of the site. The Planning Commission held a public hearing on August 10, 2006 at which there was one person who spoke for the rezoning request stating that it was a good use of the property and would not create a burden on schools, roads, water or sewer services. The Planning Commission voted, 7-0, to forward a recommendation of approval on the requested rezoning with acceptance of the proffers as submitted by the applicant, with the addition of a proffer regarding dark sky lighting.
With no questions from the Board, Mr. Barnes opened the public hearing and asked the applicant if they wished to speak. Ms. Penny Koch spoke on behalf of Mills Rogers and gave a summary of the request and indicated that she was there to answer any questions. With no citizens wishing to speak Mr. Barnes closed the public hearing and brought discussion back to the Board. Mr. Havasy indicated that the applicant has been very cooperative and that this is a good fit. On motion of Mr. Havasy, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board voted to approve the rezoning of approximately 3.181 acres from Agricultural (A-2), Residential General (R-2) and Light Commercial (C-1) to General Commercial (C-2).
ADJOURNMENT On motion of Mr. Wright, seconded by Mr. Havasy, which carried by a vote of 7-0, the Board voted to adjourn the October 2, 2006 regular meeting at 7:30 p.m.
BY ORDER OF LOUISA COUNTY, LOUISA, VIRGINIA |