Quiet coming week in county government; Supes defer Zion Town Center public hearing, talk HAB, WWTP & more; Fed spending package includes $1 million for Holly Grove radio improvements; News roundup
Quiet coming week in county government; Supes defer Zion Town Center public hearing, talk HAB, WWTP & more; Fed spending package includes $1 million for Holly Grove radio improvements; News roundup
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Quiet coming week in county government
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 frequently schedules internal committee/work group meetings after publication time. Check the county’s website for the most updated information).
There are no public meetings scheduled during the final week of 2022, according to Louisa County’s website.
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.
BOS recap: Supes defer public hearing on Zion Town Center, talk Harmful Algal Blooms, WWTP, and more
The Louisa County Board of Supervisors convened for their final meeting of calendar year 2022 on Monday night, deferring until 2023 a public hearing on a controversial land use request at Zion Crossroads, extending the time the county has to buy a privately-owned wastewater treatment plant at Lake Anna, and hearing updates on several issues discussed earlier in the year. (meeting materials, livestream)
Board defers Zion Town Center public hearing: At the request of the applicant, supervisors deferred a public hearing on a controversial request to bring more dwellings to Zion Town Center, a mixed-use development slated for 113.8 acres at the end of Camp Creek Parkway at Zion Crossroads (tmp 52 12 4).
In 2019, Zions Town Center, LLC won supervisors’ approval to construct 599 residential units on the property combined with nearly 275,000 square feet of commercial space. Now, Emerson-Roper Companies, LLC has contracted to buy the Planned Unit Development’s 90-acre residential component, requesting amendments to the project’s proffers and master plan that would up the number of dwellings to 723 and tweak its layout and design.
Specifically, Emerson-Roper plans to increase the number of townhomes from 99 to 275, decrease the number of single-family detached homes from 164 to 112, and maintain the number of apartments at 336 albeit with a revamped building design. The Chesterfield-based developer has said that the changes would diversify the county’s housing supply by offering “attainable” residential options to a range of demographics, from younger workers to empty-nesters looking to downsize.
Community Development Director Josh Gillespie said that Emerson-Roper requested to defer the hearing until the board’s January 3 meeting, recognizing that Patrick Henry District Supervisor Fitzgerald Barnes, in whose district the property lies, wouldn’t be in attendance Monday night. Barnes has missed the board’s last three meetings due to illness. Louisa District Supervisor Eric Purcell also missed the meeting.
While supervisors agreed to delay the hearing, they said that Emerson-Roper’s application wouldn’t be considered on January 3. Board Chair Duane Adams told Engage Louisa that the application would likely be considered in February.
Gillespie also noted that, after the Planning Commission voted 5-1 to recommend approval of Emerson-Roper’s request at its November 10 meeting, the applicant tweaked its proffers in response to several concerns raised during the meeting. In amended proffers submitted on December 12, Emerson-Roper offered to post eight No Trespassing signs along the development’s border with a large, undeveloped tract to its east and to pay nearly $124,000 to the county’s Fire and EMS Department to offset its impact on emergency services.
But perhaps the biggest issue facing the development is one that has long vexed projects around Zion Crossroads: the area’s limited water supply. During the Planning Commission’s public hearing, Steve Lucas, Vice President of Historic Green Springs Inc., questioned whether there’s enough water in the ultra-deep wells that feed Zion to support continued development. Several of the wells are in the Green Springs National Historic Landmark District just to the north of Zion Crossroads.
“As I look at the records from the Louisa County Water Authority, I see the water use going up and I see the water levels in the monitoring wells going down,” Lucas said. “The water is coming out of our historic district, and we are very concerned about that.”
In an effort to safeguard the area’s water supply, Emerson-Roper’s proffers maintain a provision agreed to during the property’s 2019 rezoning, which stipulates that public water is available on a “first come, first serve” basis. The Board of Supervisors enacted a policy that year to cap water usage from the Zion wells at 75 percent of their capacity as determined by the Virginia Department of Health. So, if demand for water reaches that threshold, per the policy, the county will curtail its sale to new developments.
According to a memo from the Louisa County Water Authority, dated December 14, 2022, the wells currently use about 35 percent of their permitted 587,250-gallon per day capacity while more than 40 percent of that capacity has been sold to LCWA customers. A water feasibility study performed by Dewberry Engineering in 2021 for Zion Town Center’s 599-unit development states that the complex would require, on average, 179,700 gallons of water per day and more than 395,000 gallons at peak demand. The latter figure would push the wells beyond their current limit.
The LCWA memo states that the authority has taken steps to secure more water including acquiring initial VDH approval to bring two additional wells online and sending a draft agreement to Fluvanna County to gauge its interest in selling excess water capacity in its system.
LCWA Executive Director Pam Baughman told the board Monday night that the authority is awaiting final approval from VDH to draw from the new wells, which are expected to add 204,000 gallons per day to the system’s capacity. Baughman also said that Fluvanna has not yet responded to LCWA’s inquiry about purchasing water.
Louisa County’s long-term solution to its water woes is a pipeline to the James River that, when complete, will channel millions of gallons of water to development along the Interstate 64 corridor. The final phase of the project, a joint effort with Fluvanna via the James River Water Authority, has been stymied by delays and is now working its way through the state and federal permitting process. According to the latest timeline, the pipeline is expected to be complete between 2025 and 2027. Zion Town Center is expected to reach full build out within the next decade, according to Emerson-Roper.
The promise of water from the James wasn’t enough to ease the concerns of Planning Commission Chair John Disosway, who cast the lone vote against Emerson-Roper’s request at the commission’s November meeting.
Disosway said that while he believes water from the James will eventually arrive, “it’s not here now.”
“The thing that is most concerning to me is what we don’t have in place right now to make this serious decision and that is water. That is a resource that I find very hard to overlook,” Disosway said, adding he’s worried about depleting the water supply and putting Green Springs farms at risk.
Beyond the limited water supply lies another significant issue: the system’s water storage capacity. The Dewberry study noted that the system’s 500-gallon elevated storage tank has an effective storage volume of 320,235 gallons, as determined by VDH. So, even if new water sources are added, the storage capacity will likely limit LCWA ability to distribute water. According to Dewberry, VDH has indicated that it would consider revising the tank’s volume “with a supporting hydraulic model of the system proving that the full tank volume should be credited for storage capacity.” Baughman told the board that the authority is currently conducting a hydraulic study.
Board extends option agreement for purchase of wastewater treatment plant: Supervisors voted 5-0 to extend a deadline to purchase a privately-owned wastewater treatment plant at Lake Anna. But one supervisor said that, despite the delay, he believes the board is committed to moving forward with the deal.
“I feel like there’s unwavering support (from the board) to purchase the plant,” Jackson District Supervisor Toni Williams said, adding, “the only reason we are beginning to defer this is that we do the engineering work correctly the first time so that we can size the plant based on what potentially may or may not be coming down the road.”
The county has been eyeing the plant for over a year and, in July, inked an option agreement with Lake Anna Environmental Services, its current owner, to acquire the facility for $90,000. The agreement gave the county six months to buy the plant with the option to extend the contract for another six months. The board voted Monday night to exercise that extension.
County officials have said that their goals for the plant, which sits on 1.6 acres just off New Bridge Road (Route 208) and currently provides sewer service to Lake Anna Plaza and adjoining townhomes, are two-fold: to provide public wastewater infrastructure for future economic development along the Route 208 corridor, an area targeted for growth in the county’s 2040 Comprehensive Plan, and, in the process, to better protect the health of lake. Under LEAS’ ownership, the plant has been repeatedly cited for violations by the Virginia Department of Environmental Quality. The facility discharges its treated effluent into the lake.
To support future development, the county is considering two upgrade option for the plant. For more than $7 million, county officials have said they could upgrade the facility from its current capacity to handle 20,000 gallons of wastewater per day to its permitted 99,000 gallon per day capacity. For about $11 million, they could expand it to discharge 300,000 gallons of wastewater daily.
While some community members have expressed support for the county acquiring and expanding the facility, the proposed plans have turned controversial in recent months because of their connection to a hotly contested rezoning request for a prime piece of commercial real estate across the street.
LA Resort, LLC has requested to rezone, from commercial (C-2 GAOD) to Planned Unit Development (PUD), 15.27 acres just west of the Route 208 bridge for a mixed-use development featuring an up to 96-unit residential condominium building, 130-room hotel, restaurant, and marina fronting Mitchell Creek. The developer signed a Memorandum of Understanding with the county in February 2021 agreeing to chip in $1 million towards the county’s purchase and upgrade of the treatment facility and to pay $250,000 to connect to the infrastructure.
LAR’s rezoning request, currently set for a public hearing at the board’s January 17 meeting, is contingent upon the county acquiring the plant. But supervisors could reject the rezoning and still move forward with the purchase sans the $1 million proffer.
“There’s been some questions about (whether to) buy the plant or don’t buy the plant. I think the board has full intention to buy the plant regardless of the Lake Anna resort (rezoning request),” Williams said Monday night.
While Williams made clear the board’s decision to purchase the plant isn’t dependent on the LAR project, the rezoning could factor into how much the county invests in the plant. Economic Developer Director Andy Wade said last year that LAR could use as much as 60,000 gallons per day of wastewater capacity. At the time, LAR was considering a modified site plan for the property. If the plant was only upgraded to its permitted capacity and LAR used the bulk of it, that would leave little room for future projects to connect to the infrastructure.
Some Mitchell Creek residents, who have strongly opposed the LAR rezoning, argue that the county’s acquisition of the plant is a risky deal for taxpayers, in part, because of the facility’s record of running afoul of state regulators. Several residents spoke during the board’s public comment period, questioning the wisdom of buying the facility.
“I don’t know why we would want to buy something that’s in that state of affairs,” Mitchell Creek property owner Ben Unruh said, noting that, according to documents he received from a Freedom of Information Act request, the plant is currently up for a DEQ enforcement action. “Compliance is not an issue of who owns it. Compliance is compliance regardless of who owns it.”
DEQ briefs board on HAB study: In June, state lawmakers approved a biennial budget that includes $3.5 million to study Harmful Algal Blooms at Lake Anna and in the Shenandoah River, two waterways that have been significantly impacted by the blooms in recent years. On Monday night, a representative from the Virginia Department of Environmental Quality updated the board on the department’s plans for the study.
Composed of toxin-producing cyanobacteria that can be detrimental to human health and dangerous to wildlife and pets, HABs are a persistent problem at Lake Anna, especially north of the Route 208 bridge. The blooms prompted the Virginia Department of Health to issue no swim advisories for the lake’s upper branches in each of the last five summers and, earlier this year, landed the lake on DEQ’s list of impaired waterways.
Tom Faha, director of the DEQ’s northern region, told the board that algal blooms have been present in Lake Anna for decades, but in 2018, VDH changed the way it identifies and classifies the blooms.
That shift meant that blooms once simply considered “algal” became “Harmful Algal Blooms,” prompting VDH action in the form of no swim advisories that warn people to avoid direct contact with the water.
“Algal blooms have been occurring for decades within the lake and, particularly in the upper parts. In 2018, what had happened was, based on new science, new data, the health department had changed its criteria, by which, a Harmful Algal Bloom would be defined. Prior to that, it used to be a single species and then we would do a cell count. In 2018, it became multiple species and, therefore, the cells counts very quickly rose,” Faha explained.
Jackson District Supervisor Toni Williams asked why the state changed its definition to something with a “negative connotation” when conditions in the lake haven’t changed much over the last several decades.
“Why can’t we just call them algal blooms and not Harmful Algal Blooms because we’ve been having them since 1995 and it’s been occurring at the same rate,” Williams said.
Faha said that science has improved and “what we once thought may have been okay, we’re finding out it’s not.”
“We are regulating chemicals today that we didn’t regulate 10, 15, or even five years ago. As the science improves and human health studies, we get more and more information. The objective for the health department is to protect human health,” he said.
Faha provided a broad outline of DEQ’s plan for the study, noting that the department would conduct two separate studies for Lake Anna and the Shenandoah River as they are distinct systems with unique conditions. He said that the department hasn’t formally settled on a budget, but he expects the state’s $3.5 million allocation to be split roughly 50-50 between the projects.
Currently, DEQ is in the initial planning stages, Faha said, and intends to partner with VDH, the US Geological Survey, and the Interstate Commission on the Potomac River Basin throughout the three-year study period. Faha described USGS as the “preeminent federal agency for the study of natural resources” and said that DEQ frequently works with ICPRB to develop watershed plans. He said he expects the study’s first phase to begin in February or March.
That phase will include extensive data collection to determine exactly what sorts of algal species are present and identification of pollutants contributing to the blooms as well as other causal factors. Harmful Algal Blooms are generally linked to excess nutrients like phosphorus and nitrogen in warm, stagnant water, but Faha said their occurrence is complex and there are likely many non-point sources that factor into their growth.
“We’ve been taking the temperature and we got a fever. But we haven’t really begun to do the deep dive into what’s causing the fever and that’s what we are going to be trying to attempt here,” Faha said, acknowledging ongoing local efforts to collect data and monitor the blooms.
The second phase will focus on developing predicative models for early detection, identifying management approaches, and working with stakeholders to develop a watershed plan, Faha said. The end goal is to mitigate or eliminate the blooms.
Williams asked if Faha expected the watershed plan to lead to specific regulations, noting that he worries about state and federal agencies imposing rules on localities when a “grassroots” voluntary approach to address issues like fertilizers from yards, failing septic systems, and agricultural runoff might be a better path.
Faha said that DEQ would prefer the latter route and will conduct extensive stakeholder engagement with local government and community groups. He pointed to a voluntary watershed plan that the agency developed in Northern Virginia as the preferred approach. In that case, DEQ engaged dozens of stakeholders to develop a non-regulatory plan to manage salt applied to roads in winter that runs off into waterways.
But, he added, that DEQ could develop new regulations as result of the study.
“if we can get it done voluntarily, then that’s the way we’d prefer to see it done,” Faha said. “But the law is the law and, if the impairment stays then, over time, the regulatory route becomes the mechanisms by which we get it done.”
Mineral District Supervisor Duane Adams expressed some consternation with the state’s slow response to HAB in the wake of VDH’s definition change, pointing out that tagging the blooms as “harmful” had a negative economic impact on the community. But, he said that the county is grateful for state’s help now.
“You have a very willing partner in Louisa County. We want to work with you. We want to help address the issue to mitigate it,” he said.
Beyond the HAB study, the county is pushing the General Assembly to include $1 million in the state budget to fund immediate HAB mitigation efforts at the lake.
Supervisors approve application for federal funding for affordable housing complex: Louisa County is taking a step toward addressing the need for affordable housing.
Supervisors voted 5-0 to approve an application to secure $775,000 in federal funding to develop a 25-unit affordable housing complex between the Towns of Louisa and Mineral. Pending the application’s approval, county officials plan to partner with the Fluvanna/Louisa Housing Foundation on the project. The county was originally awarded the money courtesy of a Community Projects Funding request submitted by Congresswoman Abigail Spanberger’s office last year as part of the federal appropriations process.
According to a project narrative, the county and FLHF plan to build 25 one and two-bedroom rental units on an 8.3-acre parcel at the corner of Chalklevel Road and Davis Highway that’s currently owned by the Louisa County Industrial Development Authority (tmp 42 4C). The units will be available to income-eligible seniors and essential workers like first responders and teachers.
FLHF Executive Director Kim Hyland said her organization is excited to work with the county on a project that will help meet the community’s dire need for affordable housing.
“We get hit with it every day. We get people coming to the door looking for housing. Our phones are ringing off the hook,” she said.
The two-phase project is expected to cost $3.2 million with the first phase bringing eight one-bedroom units to the property at an estimated cost of $1.75 million. That includes $900,000 for water and sewer infrastructure, $625,000 for construction, and $225,000 for site work and paving.
The second phase, expected to cost $1.45 million, includes a second set of eight, one-bedroom units plus nine two-bedroom units with an estimated price tag of $625,000 and $825,000, respectively. The one-bedroom units will be targeted at low-income seniors “with older, unsafe homes” while the two-bedroom units will provide “missing middle-income housing for essential workers,” per the project narrative.
The county plans to combine the $775,000 federal earmark with $647,000 from the Department of Housing and Urban Development’s HOME Investment Partnerships program. FLHF plans to chip in $1.778 million for the development outside of the cost to acquire the property. According to county land records, the parcel is assessed at $49,100.
Hyland said that the project will focus directly on helping county residents and members of the local workforce. FLHF will handle the application process for prospective tenants, she said, noting that the organization already owns and operates 19 rental units.
“We have a crisis here in Louisa County in housing and we need to fix it. We can’t fix other people’s problems first. This is our problem, and we are taking full responsibility for it, and we want to help the local residents.” Hyland said.
VDOT’s Thornton provides updates on through truck traffic restriction requests, SMART SCALE: During his quarterly report, VDOT Residency Administrator Scott Thornton briefed the board of two items that sparked discussion and debate at previous meetings in 2022.
Through truck restrictions: Thornton said that the Culpeper District Office has completed its studies for a trio of requests to bar through tractor trailer traffic from four county roads. In September, supervisors asked for the state's permission to prohibit through trucks on Chopping Road (Route 623), most of Shannon Hill Road (Route 605) and Chalklevel/Mansfield Roads (Route 625, Route 613) amid pressure from residents, who said the roads are increasingly dangerous, and resistance from VDOT staff who claimed they don’t have data to justify the restrictions.
Thornton said that he expects the district engineer will have a formal response to each request by early 2023. If the district office doesn’t recommend approval of the requests, the county can still appeal to the Commonwealth Transportation Board. Supervisors have suggested they are prepared to escalate the requests to the CTB, arguing that through tractor trailers, many of which are cutting through from Interstate 95 to 64, don’t belong on windy, narrow secondary roads.
SMART SCALE: Thornton said that VDOT will release its scores for SMART SCALE applications in mid-January. SMART SCALE is the commonwealth’s main vehicle for funding local transportation improvements. The program relies on a data-driven scoring system that, for Louisa County, focuses heavily on a roadway’s need for safety improvements.
Louisa County applied for SMART SCALE money for three intersections based on a preliminary safety analysis by VDOT staff:
the intersection of James Madison Highway (Route 15) and Spring Creek Parkway/Camp Creek Parkway;
the intersection of Three Notch Road (Route 250) and James Madison Highway (Route 15);
the intersection of Three Notch Road (Route 250) and Courthouse Road (Route 208).
The intersection of Route 15 and Spring Creek and Camp Creek Parkways ranked highest among county roadways in need of safety improvements, according to VDOT. From 2016 to 2020, 32 accidents occurred at the intersection, 11 of which resulted in injuries.
VDOT and consulting engineers from Kittelson and Associates recommended an innovative bowtie concept for the intersection that eliminates left turns on and off Route 15 and instead routes traffic to a pair of roundabouts at Camp Creek Parkway and Market Street and Spring Creek Parkway and Wood Ridge Terrace. Some Zion Crossroads residents strongly oppose the design.
Green Springs District Supervisor Rachel Jones asked Thornton if the county could shift to another design if the application for the intersection scores high enough to receive funding. Thornton said that VDOT engineers are looking at alternative designs for the intersection, but moving away from the bowtie concept would likely mean that the county’s application would have to be reconfigured and rescored.
Louisa County previously submitted SMART SCALE applications for both the intersection of Route 250 and 15 and the intersection of Route 250 and 208, but neither received funding. The Commonwealth Transportation Board will formally announce SMART SCALE allocations in June, based, in part, on the scores released in January.
County gets clean audit: A representative from Robinson, Farmer, Cox Associates briefed the board on Louisa County’s Fiscal Year 2022 Comprehensive Annual Financial Report, a document that includes the results of an independent audit and provides a snapshot of the county’s finances.
Auditor Michael Lupton told supervisors that the county received a “unmodified opinion” from his firm, meaning that the annual audit identified no significant issues.
“It’s the highest opinion we can offer in our profession. Essentially, that means that the financial statements, as presented, are materially correct in accordance with generally accepted accounting principles,” Lupton said.
Check out Louisa County’s Comprehensive Annual Financial Report for FY22 here.
BOS recap: Board holds six public hearings, green-lighting code amendments, rezoning requests
While supervisors delayed a public hearing on a request to amend the proffers and master plan for Zion Town Center, they breezed through six other hearings Monday night, greenlighting several amendments to county code and three rezoning requests.
Supes approve rezoning allowing more residential lots in Green Springs District: Supervisors held a public hearing and voted 4-0-1 to approve Donald Bickley and Denise Bickley Hoffman’s request to rezone 41.97 acres (tmp 33-1) in the Green Springs Voting District from A-1 to A-2. The property is located at the corner of Pelham and Beaverdam Roads near the Louisa, Albemarle, and Fluvanna County lines.
Mountain Road District Supervisor Tommy Barlow abstained from voting on the request because he did survey work on the parcel. Louisa District Supervisor Eric Purcell and Patrick Henry District Supervisor Fitzgerald Barnes were absent.
The applicant requested the rezoning to divide the property into five residential lots, four of which would encompass four to six acres, according to a conceptual plan. The residue would cover about 24 acres.
Under the county’s rules for A-1 zoning, parent parcels can be divided into three lots while A-2 zoning allows for a maximum of seven lots. Two lots were previously divided from the property.
Attorney Torrey Williams, representing the applicant, didn’t provide a presentation to the board Monday night. Williams told the Planning Commission at its November meeting that the rezoning wouldn’t be detrimental to the neighborhood, pointing out that the parcel is in proximity to several residential developments with relatively small lots and it’s surrounded by parcels zoned A-2. Williams added that an elderly member of the Bickley family lives on an adjoining parcel and the family wants to sell the lots to ensure her financial security.
“(This) rezoning will allow Ms. Bickley to utilize her land for her benefit. It will create four lots in harmony with the nature and circumstances of the communities around them. We do not believe it will be a burden to the community. We do not believe it will harm the community and we believe it’s consistent with the Comprehensive Plan,” Williams said.
County staff agreed, noting in its report that the 2040 Comp Plan designates the area rural/agricultural, but five homes on appropriately sized lots wouldn’t conflict with the plan’s vision.
Supervisors green-light commercial rezonings at Zion Crossroads: Supervisors held two public hearings and unanimously approved rezonings for three parcels in the Zion Crossroads Growth Area Overlay District. The rezonings move the parcels from industrial (IND) to commercial (C-2 GAOD). One parcel is home to the Best Western hotel (tmp 51-5-2C), one is home to IHOP restaurant (tmp 51-5-2D), and the third is vacant (tmp 51-5-2B).
According to staff’s report, the applicants, Zion Investment, LLC & Crossroads Land, LLC (51-5-2B, 51-5-2C) and Harvest ZC Assets, LLC (51-5-2D), requested the rezonings for consistency with surrounding properties, nearly all of which are zoned commercial, and to ensure that the parcels adhere to permitted uses under the county’s current zoning code. At the time of the Best Western and IHOP’s construction, hotels and restaurants were permitted on some industrially-zoned property. Under current county rules, neither are permitted uses in industrial zoning in Growth Area Overlay Districts.
Paul Gerhardt, an attorney representing the applicants, told the Planning Commission that the nonconforming use of the hotel parcel presented an issue with the lender when Zion Investments, LLC & Crossroads Land, LLC acquired the property and the adjoining lot last year.
“What we found out is that if we wanted to expand at some point or improve this property and find loans to do that, it would be a big problem,” Gerhardt said.
Community Development Director Josh Gillespie told the board Monday night that the industrial zoning would prohibit a potential expansion of the Best Western while a move to commercial zoning would allow the improvements.
Zion Investment & Crossroads Land didn’t detail any plans for an expansion in making the rezoning request. They did agree to exclude a car wash and drive-thru restaurant as permitted uses for the vacant adjoining parcel as a proffered condition of the rezoning.
Board okays changes to buoy application process, fee hike: Securing approval to place a buoy on Lake Anna will take a little longer and cost a lot more thanks to changes adopted by the Board of Supervisors Monday night.
Supervisors held a public hearing and voted 5-0 to hike the application fee to place a no-wake buoy on the lake from $50 to $450 and lengthen, from 30 days to 90 days, the time the county has to review applications.
Staff suggested raising the fee to $450, equal to what Spotsylvania County charges. The Lake Anna Advisory Committee requested lengthening the local review period.
County Administrator Christian Goodwin told the board in October that LAAC recommended extending the review period so it could play a larger role in green-lighting new buoys. The committee is a cross-jurisdictional panel that includes representatives from Louisa, Spotsylvania, and Orange counties, the three localities home to Lake Anna shoreline.
Goodwin said that, under the current process, LAAC reviews buoy applications before county officials gather input from stakeholders and make a recommendation to the Department of Wildlife Resources, the state agency tasked with approving new buoys. Lengthening the evaluation period to 90 days would allow LAAC, which meets once every other month, to weigh in later in the process and provide stakeholders more time to comment, Goodwin said. Once an application is forwarded to DWR, the agency has 30 days to make its decision, per state code.
Of the fee hike, Goodwin said Monday night that processing buoy applications requires a “fair amount” of staff time “to compile the information, send out the mailings and notices, and communicate with all the folks that need to provide input.”
Buoys are an important navigational tool for boaters, marking natural and artificial hazards. Louisa County’s buoy application guidelines state that the county primarily focuses on “the issue of potential wake hazards and public safety” when reviewing applications. The guidelines note that state law “doesn’t permit the placement of a no-wake buoy simply because someone wants to slow down boat traffic.”
Supervisors approve new ways to rectify violations of zoning, building code: Supervisors held a public hearing and unanimously approved changes to county code that allow the use of abatement and civil penalties, in addition to criminal penalties, to address violations of local land development regulations.
Under Virginia law, localities can adopt an ordinance establishing civil penalties for violations of certain provisions in the zoning and building code. But county code only allowed for criminal prosecution.
Staff has said that responding to zoning and land use violations with criminal charges presented several challenges: if a criminal case is dismissed, the county had no further recourse to remedy ongoing violations; the burden of proof for criminal violations is beyond a reasonable doubt; and criminal charges must be brought within one year of the date of discovery. Civil charges, on the other hand, provide more leeway including requiring a lower burden of proof based on a “preponderance of the evidence” standard. The civil process also provides more time to bring charges.
Staff believes that permitting the use of abatement, which provides property owners an opportunity to fix violations and avoid penalties, and civil charges will enable the county to better enforce its rules.
Jackson District Supervisor Toni Williams said that while he understands the reasons for the changes, he wants to ensure that the board is notified of any cases going to court under the new rules.
“I have a little bit of concern about giving (this power to) bureaucrats. I don’t mean that in a degrading way because I think everybody that currently serves in the positions that would be enforcing civil penalties does a really good job and probably has good judgement, but in the future, that may not always be case,” Williams said.
Assistant County Administrator Chris Coon told Williams that the code amendments include a provision that compels the County Attorney’s Office to request abatement prior to any determination by a judge and assured him that the board would be notified before civil cases go to court.
Supervisors approve amendments to C-PACE ordinance: In June 2021, supervisors opted into the Commercial Property Assessed Clean Energy program (C-PACE). Administered by the Virginia C-PACE Authority, the program enables property owners to finance clean energy upgrades for commercial and multifamily buildings via a voluntary special assessment that runs with the property. The loans are made through approved lenders and the program has minimal cost for participating localities.
On Monday night, the board held a public hearing and unanimously approved amendments to its C-PACE ordinance that bring it in line with changes in state code regarding how assessments are levied, their recordation, enforcement, and associated collection costs.
“The amendments…are a result of some tweaks the General Assembly made recently. It updates our county ordinance to comply with the state code,” County Attorney Helen Phillips told the board.
Federal spending package includes $1 million for Holly Grove radio improvements
A massive federal spending package signed by President Joe Biden on Friday includes $1 million to improve radio communications coverage in southeastern Louisa County.
The $1.7 trillion omnibus spending deal that funds the US government through September cleared the House of Representatives and Senate with bipartisan support late last week. The package includes $22.7 million in earmarks submitted by Congresswoman Abigail Spanberger (D) that fund 15 local projects across the 10 counties currently in the 7th Congressional District.
The $1 million secured for Louisa will cover the cost to upgrade emergency radio communications infrastructure in the Holly Grove area, enabling the county to reach 100 percent coverage. According to a press release from Spanberger's office, the upgrades will improve “communication between the emergency dispatch office and Louisa County Sheriff’s Deputies” and “enhance safety for the police, other emergency services, and the residents of the county.”
The Board of Supervisors allotted $1 million for the radio improvements in its FY23 Capital Improvement Plan. During the board’s March 7 budget work session, County Administrator Christian Goodwin said that the EMS communications system, which was significantly upgraded in 2017, covers about 95 percent of the county but much of the five percent it doesn’t cover lies within “challenging terrain” in the southeast corner. He said that staff is working with Motorola and a radio engineering firm on how best to address the issue, noting that Motorola provided a $750,000 to $1 million estimate to erect a new tower.
Mountain Road District Supervisor Tommy Barlow, who represents the southeastern portion of the county, said the lack of radio communication capabilities in the area is an obstacle for emergency services personnel. During a fire on Mickie Town Road earlier this year, firefighters had to use cell phones to talk with dispatchers, he said.
In April, Spanberger’s office asked supervisors to submit ideas for potential federal funding via the Community Projects Funding process, a program that allows Members of Congress to directly request money for projects in their districts through the annual appropriations process. At its April 18 meeting, the board permitted county staff to present seven projects to Spanberger’s office for consideration including improvements to the radio system.
Supervisors didn’t formally rank the projects, but Jackson District Supervisor Toni Williams singled out radio improvements as a top priority and said the county would get “a little more bang for the buck” if it could secure federal funding for a million-dollar project. Spanberger’s staff evaluated the county’s suggestions and selected the radio improvements as a candidate for funding.
Spanberger secured $775,000 to build affordable housing in Louisa County via last year’s Community Project Funding process. Pending federal approval, the county plans to spend that money to build a 25-unit rental complex in partnership with the Fluvanna/Louisa Housing Foundation. The units will offer an affordable housing option to elderly residents living in unsafe home and essential workers (see above).
Come January, Louisa County will move from the 7th Congressional District to the 5th thanks to the once-a-decade redistricting process. Congressman Bob Good (R) easily won re-election in the redrawn 5th last November.
Good was one of 200 House Republicans to vote against the spending deal, saying in a press release that the bill is “nothing more than a Christmas present for the special interests in Washington” and noting that it includes “$15 billion for 7,200 earmarks which will be spent on pet projects for members of Congress.”
News roundup
Engage Louisa focuses on Louisa County government. But, we recognize that there’s plenty of other news in our community. With that in mind, we’ll occasionally include a roundup of links to the work of other journalists covering noteworthy events in Louisa and issues that impact our community.
Louisa deputies fatally shoot man at residence on Thacker Road: Deputies from the Louisa County Sheriff’s Office fatally shot a man at a residence on Thacker Road on Monday, December 19. State police are investigating the shooting. Read Hawes Spencer’s report in the The Daily Progress.
Dominion Energy could develop small modular nuclear reactors at multiple sites across the commonwealth including in Louisa County: A representative from Dominion Energy says that the utility plans to deploy small modular nuclear reactors statewide with the first SMR developed by 2032. And Louisa County, home to Dominion’s North Anna Nuclear Power Station, could be a prime location for the next generation of reactors. Read more about SMRs and Dominion’s plans in Markus Schmidt’s report for Cardinal News.
Lions sweep Jefferson District’s top football awards: Members of the Louisa County High School football team swept the Jefferson District’s top post-season awards. Quarterback Landon Wilson garnered Offensive Player of the Year honors, Linebacker Cameron Hawkins was named Defensive Player of the Year, and Head Coach Will Patrick nabbed the Coach of the Year award. Check out a full rundown of the 2022 All-Jefferson District football team courtesy of ScrimmagePlay.
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