This week in county government; Supes hike transient occupancy tax; County Attorney's Office in turmoil; Mineral Town Council discusses Miller's Market CUP request, Luck Field and more
Engage Louisa is a nonpartisan newsletter that keeps folks informed about Louisa County government. We believe our community is stronger and our government serves us better when we increase transparency, accessibility, and engagement.
This week in county government: public meetings, Oct. 23 through Oct. 28
For the latest information on county meetings including public meetings of boards, commissions, authorities, work groups, and internal county committees, click here. (Note: Louisa County occasionally schedules internal committee/work group meetings after publication time. Check the county’s website for the most updated information).
Wednesday, October 25
Community Policy Management Team, Louisa County Office Building, 1 Woolfolk Ave., Louisa, 1 pm.
Additional information about Louisa County’s upcoming public meetings is available here.
Interested in taking your talents to one of the county’s numerous boards and commissions? Find out more here including which boards have vacancies and how to apply.
In brief meeting, supervisors hike transient occupancy tax
The Louisa County Board of Supervisors held a relatively quick meeting last Monday night, dispatching with public business in about an hour. Most notably, the board held a public hearing and voted to hike the county’s transient occupancy tax, which is paid by people who stay at one of the county’s hotels, motels, short-term rentals or other temporary lodging. (meeting materials, video)
Board hikes transient occupancy tax: The cost to stay the night at a Louisa County hotel, bed and breakfast or short-term rental is going up.
The Louisa County Board of Supervisors last Monday night voted unanimously to raise the county’s transient occupancy tax (TOT). The tax is tacked on to customers’ bills when they pay for a short stay at a hotel, B&B, STR or other lodging. Supervisors hiked the tax from two percent of the cost of the lodging—where it’s sat since 2006—to seven percent, effective January 1, 2024.
The amended ordinance includes one significant caveat. It exempts payment of the additional tax on lodging contracts for 2024 that were in place on or before October 16. Lodging operators are required to submit qualifying contracts to the commissioner of the revenue by November 16.
The board included the carve-out in response to complaints from some STR owners who said they would have to cover the extra tax on existing reservations unless they were exempted. Kate Killham, who operates an STR on Lake Anna, told the board during the public hearing that it makes sense for the county to raise the tax but encouraged supervisors to include the exemption.
“I have six rentals on the books (for 2024). That five percent increase would cost me just shy of $900 if I had to absorb it,” she said.
Supervisors agreed that the change made sense.
Jackson District Supervisor Toni Williams asked that the ordinance only exempt contracts inked prior to its adoption—hence the Oct.16 deadline—and that lodging operators be given 30 days to submit contracts to the commissioner’s office.
“Why would we hold the window open for 75 more days for people to book rentals. If they’re not booked, they’re not booked,” Williams said. “It’s like if I go online to buy an airline ticket and it’s $350 and I (go to) buy it tomorrow and it’s $420. It happens.”
More revenue for county coffers
State law allows localities to levy a transient occupancy tax with revenue generated from an up to two percent tax going to the locality’s general fund. If localities impose a tax that exceeds two percent, any additional revenue up to five percent must be used to promote tourism. Revenue generated by the tax beyond the five percent threshold also goes to the general fund.
In Fiscal Year 2023, Louisa County collected $389,331 from the TOT, according to Finance Director Wanda Colvin. If that revenue remains steady in future years, the county will receive $583,997 for tourism-related spending and another $389,331 for the general fund based on the increased rate. In total, raising the rate to seven percent will generate an extra $973,328 for county coffers based on last year’s revenue, a figure that roughly equates to adding a penny to the county’s real estate tax rate.
Revenue from the TOT has risen steadily over the last six years. According to Colvin, the county pulled in just $89,072 from the tax in FY18. That haul jumped to $296,804 in FY21 and $381,920 in FY22 before reaching its current level.
The rise in revenue coincides with a significant increase in spending by visitors to the county. According to recently released data from the Virginia Tourism Corporation, the county benefited from $47.44 million in direct tourism spending in 2016 and more than $69.9 million last year.
The increase in TOT revenue and other tourism dollars also coincides with the explosion of the short-term rental market at Lake Anna. County staff estimate that there are more than 460 STRs currently operating in the county with over 90 percent clustered around the lake. In March 2022, staff said that 380 STRs were in operation, per data collected by a third-party vendor. For the last two years, the property management firm Vacasa has ranked Lake Anna as the top place to buy a vacation home in the country, citing the steep return on investment for buyers who turn their dwelling into an STR.
Before voting to approve the increase, Board Chair and Mineral District Supervisor Duane Adams, who represents part of the lake, said that he’d like to see the county use some of the new TOT revenue that’s not required to be spent on tourism to support emergency services at the lake. He noted that much of the revenue comes from vacationers visiting lakeside short-term rentals.
Supes grant Bracketts Farm tax exemption: Supervisors held a public hearing and granted a real estate tax exemption to the Elisabeth Aiken Nolting Charitable Foundation for Bracketts farm, a 515-acre working farm and historic site in the Green Springs National Historic Landmark District. Thanks to the exemption, the not-for-profit organization won’t have to pay just over $7,500 in annual taxes on the property and its improvements, which include an early 19th century home and three other dwellings.
The foundation requested the exemption under a section of state code that allows localities to exempt nonprofits from real estate taxes on property used for “religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes.”
During the public hearing, several members of the foundation’s board of directors made the case for why the board should grant the exemption, sharing Bracketts’ story and highlighting its many contributions to the community.
They pointed out that the farm is the only property in the Green Springs Historic District that’s open to the public, allowing visitors to learn about the area’s rich agricultural history. It features a charitable garden and pollinator garden as well as a nature trail and fishing pond.
Last year, the charitable garden produced more than 2,000 pounds of fresh vegetables, which were donated to the Louisa County Resource Council and a local animal sanctuary. The pollinator garden hosts school and community groups who learned about the importance of pollinators and native plants.
In addition to its other uses, Bracketts hosts community events free of charge.
While the foundation received a warm reception from the board on Monday—supervisors voted 7-0 to grant the exemption—some county officials were initially hesitant to consider the organization’s request because it draws rental income from four dwellings on the farm, which isn’t technically a charitable use.
When the board discussed whether to hold a public hearing during its September 5 meeting, former County Attorney Helen Phillips cited a Supreme Court of Virginia ruling that, she said, interpreted the state’s exemption statute to mean “if a property is not exclusively used for charitable purposes, an exemption should not be granted.” A representative from the foundation countered that it uses the rental income to maintain the historic property and otherwise support the organization’s mission.
A month later, the board agreed to hold the public hearing.
Before voting to approve the exemption, Louisa District Supervisor Eric Purcell said he supports Bracketts’ work and sought to clarify why the board debated holding the hearing.
“Just so everyone’s aware, we were given a legal document that said that we had to take a strict constructionist view of this code section by counsel and that’s what I did. The reason for that is it was explained that you could get into a real sticky wicket doing this for a lot of different people,” Purcell said. “Now, I think Bracketts has superseded that because of what (it) does, but I do want the public to be aware and anyone watching (that) the reason there was some discussion as to whether to even have this hearing is that advice that we were given.”
Board discusses trash piles in yards: The board briefly discussed what—if anything—the county can do to compel homeowners to clean up piles of trash and other debris on agriculturally zoned property.
During the meeting’s public comment period, Cuckoo District resident Jeffrey Bullock told the board that, over the last two years, his neighbor has piled mounds of debris in his yard, which Bullock must pass daily to reach his home. Bullock contended that the trash is an eyesore and potentially an environmental hazard.
“This is what we see every day. It’s got stuff all down in there that runs down toward a creek where you have wildlife that uses the creek,” he said.
Bullock said that he had been working with county staff to address the issue and that the county took the landowner to court. After initially ordering the property owner to clean up the yard, the court reversed the decision, he said.
“I’m just trying to figure out what it is I need to do now because they said that there’s nothing that the county can do. So, I’m coming to you guys for some kind of guidance,” Bullock told the board.
Several board members said they have been dealing with similar issues in their districts and wondered what steps the county could take to ensure homeowners don’t accumulate mounds of garbage and debris. Green Springs District Supervisor Rachel Jones suggested that staff look at ordinances adopted in neighboring localities, noting that she thought Albemarle had an ordinance that addressed properties’ cleanliness.
But Assistant County Attorney Kyle Eldridge explained that he took Bullock’s case to court and, though the court initially sided with the county, it quickly reversed course based on a change in state law. Eldridge said that, in 2021, Virginia updated its code to exempt properties used for farming or zoned agricultural from “duty to keep residential property clean” ordinances. Though the subject property isn’t used for farming, he said, it is zoned agricultural, so state law ties the county’s hands.
Eldridge noted that most property in the county is zoned either A-1 or A-2 and it’s exempt under state code regardless of whether it’s a farm.
Board Chair Duane Adams asked staff to research other ways the county might be able to address the issue.
Supervisors appropriate $1 million in federal grant funding for radio tower project: Supervisors voted unanimously to appropriate $1 million in federal grant funding for construction of an emergency communications tower in southeastern Louisa County.
The county received the funding through the Department of Justice’s COPS Equipment and Technology Program. The money was originally included in a federal appropriation package, passed by Congress last December, as a Community Project Funding Request from Congresswoman Abigail Spanberger’s office. Spanberger represented the county from 2019 to 2022 when it was part of the Seventh Congressional District. Though the appropriations package allocated the money, the county had to formally apply for it via the COPS program.
The money will be used to erect an emergency communications tower in the Holly Grove area, where radio communication coverage is spotty and first responders sometimes have to rely on cell phones. The county’s emergency radio system was significantly upgraded in 2017 and covers about 95 percent of the county, according to County Administrator Christian Goodwin, but much of the five percent it doesn’t cover lies within challenging terrain in the southeast corner.
At the request of Mountain Road District Supervisor Tommy Barlow, who represents the area, supervisors initially included the project in the FY23 capital budget before asking Spanberger to submit a request for federal funding.
Before voting to appropriate the funding, Barlow thanked Deputy County Administrator Chris Coon for handling the grant application.
Patrick Henry District Supervisor Fitzgerald Barnes said the board should acknowledge Spanberger’s work to secure the money.
“I certainly don’t want to slight Mr. Coon, but Congresswoman Spanberger is probably the one you want to do cartwheels (for) because she went after that money and made it available for Louisa County,” he said.
Board approves budget supplement for MVFD: Supervisors okayed a $11,676 budget supplement to the Mineral Volunteer Fire Department for replacement of its HVAC/heat pump system. The money is included in the county’s Fiscal Year 2025 Capital Improvement Plan but, according to Finance Director Wanda Colvin, the system has failed and the department can’t wait until the next budget cycle to replace it.
Riddleberger Brothers, Inc. provided the department with a $11,676 quote to replace the system with a 14 SEER outdoor heat pump and matching indoor air handling unit. The company will connect the system to existing ductwork and electrical power, evacuate to factory specifications, start the system, charge it and check its operation. Riddleberger Brothers will also dispose of the old unit.
Board okays purchase of new software for community development department: Supervisors authorized the Community Development Department to spend up to $49,243.21 on new community development software. The money is left over from the department’s purchase of permitting software, which was included in the Fiscal Year 2017 capital budget.
According to Deputy County Administrator Chris Coon, the new software will give people the option to file applications online with the community development department and track the status of those applications.
Supervisors approve resolution related to sale of reclaimed water to Spring Creek Golf Course: Supervisors greenlighted a resolution authorizing County Administrator Christian Goodwin to sign documents assigning to Heritage Golf Group an agreement with Spring Creek Land Development, LLC governing the sale of reclaimed water.
In 2014, the county entered into a 25-year agreement for the sale, delivery and use of reclaimed water to Spring Creek Golf Club, LLC and Spring Creek Land Development, LLC. Now Spring Creek plans to sell the golf course to Heritage, necessitating the agreement’s assignment to the new owner.
County Attorney’s Office in turmoil
Helen Phillips, who had been Louisa’s county attorney since 2019, no longer serves in the position.
Louisa County Board of Supervisors Chair Duane Adams confirmed Wednesday afternoon that the county attorney job is vacant but declined to elaborate on the matter.
“Those are all personnel issues, and I can’t tell you any more than what I’ve already told you,” he said.
As of Tuesday, Phillips wasn’t listed in the county’s online employee directory and her name and contact information weren’t on the County Attorney Office’s webpage.
Prior to and following the public portion of supervisors’ Monday, October 16 meeting, the board met in closed session to discuss “the performance and assignment of employees,” according to a disclosure required by Virginia’s Freedom of Information Act. It’s unclear if Phillips’ employment was discussed during either session.
County attorney is one of only two positions in Louisa County government that reports directly to the Board of Supervisors—the other is county administrator—and supervisors have discretion in hiring for the position and terminating employment.
Phillips didn’t attend Monday’s meeting. She typically attends the meetings to advise the board on legal matters and act as its parliamentarian. Assistant County Attorney Kyle Eldridge instead filled the role.
Eldridge, the only other attorney on county staff, was hired as assistant county attorney last year. Prior to Phillips’ departure, he notified the county that he plans to leave his post to take a job at a Richmond law firm.
Phillips’ exit comes at a critical time as the county negotiates a final performance agreement with Amazon Web Services, which plans to build two data center campuses in the county’s Technology Overlay District.
An initial version of the performance agreement, approved by supervisors in September, lays out what both parties are expected to bring to the table. AWS has agreed to make an $11 billion capital investment in the county by July 1, 2040 and pay for all off-site infrastructure necessary to support the campuses while Louisa has agreed to provide an incentives package that includes tax breaks and performance and infrastructure grants. The initial agreement doesn’t include key details about the incentives package, which still must be finalized and approved by the board.
The county is also negotiating a water services agreement with AWS. The company plans to draw water from the publicly-owned Northeast Creek Reservoir to cool the data centers.
Adams said that Phillips’ office had been handling legal agreements with Amazon. He said that it’s “(his) hope” that the county will now seek outside counsel.
The board is working on both an interim and long-term plan to fill the county attorney position, Adams said, noting that Eldridge would remain on staff until the end of the month.
The county website includes county attorney on its list of employment opportunities. According to the listing, the position requires a law degree from an accredited law school, a license to practice law in Virginia and no less than five years of experience. It pays between $109,483.19 and $180,647.27 annually.
Phillips was named county attorney in August 2019 after spending a decade as counsel for the Central Virginia Regional Jail. She received a law degree from the University of Virginia in 1987.
Note to readers: Engage Louisa works hard to bring you the latest local government news. While we mainly focus on county government—there are only so many hours in the day, after all—we recognize that there’s a lot going on beyond the walls of the Louisa County Office Building including in our county’s two towns, the Towns of Louisa and Mineral. With that in mind, we’re excited to bring you this update from the Mineral Town Council by Mineral resident Chris Guerre. -Tammy
Mineral Town Council discusses Miller’s Market CUP request, Luck Field and more
by Chris Guerre
On Tuesday, October 10, the Town of Mineral's Town Council met for its regular monthly meeting. All Council Members and Mayor Ed Jarvis were present, except for Council Member Blair Nipper who participated remotely.
Staff administrators in attendance included the newly appointed town attorney Catherine Lea, the town treasurer Patricia Finch, and the town's DMV Select manager Shannon Hawkins. Town manager Reese Peck, a part-time employee, did not attend the meeting and no written report by Peck was included in the meeting materials. In a closed session at the end of the meeting, the council and mayor discussed personnel matters related to interviewing and appointing a town clerk. The clerk's position has been vacant since late last year.
During the meeting’s public comment period, Tommy Runnett, a former member of council, spoke in support of Miller's Market, the full-service grocery store on Mineral Avenue. The market’s owner, Kawaljit Singh, has applied for a Conditional Use Permit to allow gasoline pumps on the property.
Later in the meeting, council members voted 5-1 to greenlight a public hearing in front of the town's planning commission to consider Singh's application. Council member Bernice Kube voted against proceeding with the public hearing. Kube stated that it would be more appropriate to consider the application as a rezoning request.
During council members’ committee reports, Kube spoke of her recent discussions with leaders of the nonprofit Louisa Little League, and the town's desire to better collaborate with the Little League. The organization uses and maintains Luck Field on Louisa Avenue through an informal agreement with the town. Council member Ron Chapman added that baseball in the Town of Mineral has a strong legacy, dating to the late 19th century.
Through two separate majority votes in the affirmative, council committed to placing a small refuse dumpster near Luck Field for use by the Little League and to connecting the town's sewer system to the kitchen and restroom facilities in a building adjacent to Luck Field used by the league as a concession stand. Town treasurer Patricia Finch estimated the dumpster, to be emptied on a weekly basis and locked to prevent use by the general public, would cost the town $125 per month. Jarvis estimated that connecting the sewer system to the concession stand building would cost approximately $25,000.
A significant portion of the second half of the meeting was taken up by discussion of an alleged incident of attempted theft in the town. The exact date was not given, but Jarvis said he had recently witnessed several individuals attempting to transfer water from a fire hydrant to a large container on a truck. Jarvis explained that he personally happened upon the incident by chance, and he was able to quickly alert the Louisa County Sheriff's Office.
Jarvis reported to the responding sheriff's deputy that he was not aware of any individuals or any private corporations that might have been authorized or had paid the town to withdraw water from the hydrants. In a follow-up conversation with Jarvis, Engage Louisa learned that he has requested a full investigation by the sheriff’s office and he’s currently waiting for an update.
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