This week in county government; Straley previews LCPS capital spending requests; FOIA trouble in Town of Mineral; BOS considers appeal to gov for HAB mitigation funds; PC to hold 7 public hearings
This week in county government; Straley previews LCPS capital spending requests; FOIA trouble in Town of Mineral; BOS considers appeal to gov for HAB mitigation funds; PC to hold 7 public hearings
Engage Louisa is a community newsletter aimed at keeping folks informed about Louisa County government. It’s free, non-partisan, and powered by volunteers. 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, Nov. 7 through Nov. 12
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).
Monday, November 7
Louisa County Board of Supervisors, Public Meeting Room, Louisa County Office Building, 1 Woolfolk Ave., Louisa, 6 pm. (agenda packet, livestream) The board will convene in closed session at 5 pm.
Wednesday, November 9
James River Water Authority, Morris Room, Fluvanna County Administration Building, 132 Main Street., Palmyra, 9 am. (agenda packet)
Neighborhood Meeting, Hosted by Plasterer Construction, LLC and the Louisa County Community Development Department, Public Meeting Room, Louisa County Office Building, 1 Woolfolk Ave., Louisa, 4 pm.
Plasterer Construction, LLC is requesting a Conditional Use Permit to operate a construction yard with offices and a shop at 17935 Louisa Road (tmp 24-46), per a land use application filed with Louisa County. The neighborhood meeting provides an opportunity for neighbors to ask questions and express concerns about the proposed use prior to public hearings in front of the Planning Commission and Board of Supervisors. (land use application)
Louisa County Water Authority, Public Meeting Room, Louisa County Office Building, 1 Woolfolk Ave., Louisa, 6 pm. At publication time, an agenda was not publicly available.
Thursday, November 10
Louisa County Planning Commission, long-range planning work session, Public Meeting Room, Louisa County Office Building, 1 Woolfolk Ave., Louisa, 5 pm. (agenda packet, livestream)
Louisa County Planning Commission, Public Meeting Room, Louisa County Office Building, 1 Woolfolk Ave., Louisa, 7 pm. (agenda packet, livestream)
Other dates of note:
Tuesday, November 8
Election Day
Polling locations are open across Louisa County from 6 am to 7 pm. Check your registration status and find your polling location here. Check out the county’s new precinct map here. View Louisa County’s sample ballots here. Read Engage Louisa’s election preview. (A slightly updated version appeared in the Oct. 27 edition of The Central Virginian. Read that here). Questions about voting? Call the Registrar’s Office at 540-967-3427.
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.
Straley previews LCPS capital spending requests, talks LMS addition, CTE center
The Louisa County School Board on Tuesday night got a preview of the division’s capital spending requests for Fiscal Year 2024 and beyond.
Superintendent Doug Straley briefed the board on the proposed Capital Improvement Plan, a 20-year road map for spending on tangible and long-lasting items like construction projects and new buses. The board will formally adopt the plan at its December meeting before its presented to the Louisa County Planning Commission and Board of Supervisors as part of the FY24 budget process. Supervisors have the final say on if and when capital requests receive funding. (draft CIP)
The division is requesting roughly $1.8 million for capital projects in FY24 including about $813,000 for five new full-size school buses, one bus for special needs students, a 10-passenger van, and maintenance equipment for the bus garage. Other sizable requests include $355,000 for technology upgrades, $150,000 to upgrade HVAC systems, $81,000 for electronic marquees at several schools, $80,000 for LED lighting, and $60,000 to refurbish tennis courts.
While the FY24 asks are relatively modest, big ticket items loom. In FY25, the division’s capital requests total more than $47 million including $20 million for an addition to Louisa County Middle School to accommodate 400 students and $25 million for a career and technical education center adjacent to Louisa County High School.
Straley said that the estimated cost for both structures is higher than what’s projected in the county’s current CIP—about $15 million for each project—noting that building costs have risen significantly over the last several years. He said county officials are aware of the cost increase.
The division is eager to get started on both projects and hopes to use $1.8 million in state funding this fiscal year to pay for plans for the buildings, Straley said. That money, not currently included in the CIP, would be drawn from $400 million in the biennial state budget specifically earmarked for school construction. Every school division in the state will receive a chunk of the funding based on their enrollment and local needs. Board Chair Greg Strickland said, pending talks with the county, the FY23 CIP could be changed to include the funding prior to the board’s vote in December.
During a budget work session last month, the Board of Supervisors discussed both the middle school addition and the CTE center though they didn’t commit to a specific timeline for their construction. Jackson District Supervisor Toni Williams, a member of the board’s finance committee, said expanding the middle school is a top priority but noted that the county must factor in construction costs and interest rates as it prepares for the project. He said the county expects to appropriate funding in the near-term to pay for plans for the addition. Of the CTE center, Williams said that the county must weigh “needs versus wants.”
Beyond FY25, the CIP doesn’t include any plans for new schools or significant construction projects. Straley said that the middle school addition could potentially expand to house 500 students while the CTE center would free up additional space in the high school. He noted that, given the county’s continued growth, the division would likely need to build a fifth elementary school but didn’t offer a timeline for the project.
The middle school has nearly reached its 1200-pupil capacity, housing some classrooms in mobile units. According to figures from the Virginia Department of Education for the 2021-22 academic year, the high school enrolled 1,647 students, a nearly 150-pupil increase from 2019-20. The school, completed in 2015, has a 1700-student capacity.
“It looks like there have been a bunch of subdivisions approved in the county, which bring students. I just want to make sure, when we build additions, we build them large enough so we can enjoy them for a while before we have to add on again,” Cuckoo District representative Stephen Harris said.
While school board members expressed support for Straley’s near-term plans to address crowded schools, some county officials have suggested the division should focus on building a second middle school.
Patrick Henry District Planning Commissioner Ellis Quarles called the proposed addition “a band-aid” when the commission reviewed the CIP during the FY23 budget process and expressed concerns that packing 1,600 students into one school could limit opportunities to participate in sports and some academic programs.
Straley contended that an addition is the right course, in part, because he worries that splitting students into two schools would create an “us versus them” mentality.
“I love this community and I want to continue this one community feel,” Straley told the commission in January. “That’s one thing the school board and I have spoken about is not doing anything that’s going to put that in jeopardy. I think an addition to the middle school would serve our purposes well.”
Mayor, Town of Mineral failed to properly advertise Oct. 24 council meeting
The Town of Mineral plans to take corrective action to ensure compliance with Virginia’s Freedom of Information Act after a continued meeting of the Mineral Town Council wasn’t properly advertised, town attorneys acknowledged in a hearing Thursday afternoon.
Town resident Christopher Guerre filed a petition in Louisa County General District Court in late October alleging that Mayor Pamela Harlowe, who in her role as mayor also serves as acting town manager, failed to properly notify the public of council’s October 24 continued meeting and an August 16 special meeting. Guerre’s petition also argues that any action taken at either meeting should be void.
Blaire O’Brien, an attorney representing Harlowe and the town, first motioned to dismiss the case, contending that Guerre was notified of both meetings, so he didn’t have standing to bring suit because he wasn’t personally harmed. O’Brien acknowledged, however, that the public at large wasn’t properly notified of the continued meeting. FOIA requires public bodies to post the date, time, and location of meetings on its official public government website, if any, place a notice in a prominent public location at which notices are regularly posted, and place a notice at the office of the clerk of the public body or, in the case of a public body that has no clerk, at the office of the chief administrator.
Guerre argued that though he witnessed council hold a public vote at its October 11 meeting to continue the meeting until October 24 and received a meeting agenda on October 21, Harlowe didn’t provide public notice via the town’s website or on a bulletin board at the town office as required by FOIA. He said the meeting was called to discuss two applications for Conditional Use Permits to build multi-family housing in the town and it was injurious to him as a nearby property owner that other residents weren’t properly notified.
Guerre said that the August 16 special meeting wasn’t properly noticed either and no official record of the meeting has been posted on the town’s website. He said he attended the meeting, which was primarily held in closed session, to discuss his potential employment with the town. Council dismissed him from the meeting, he said, and ultimately opted not to hire him.
Judge Claiborne Stokes overruled O’Brien’s motion regarding the October 24 meeting, determining that Guerre had standing to bring the suit. He said that Guerre had valid points about the lack of public notice and agreed to allow the town time for corrective action including a “do over” of any votes taken at the October 24 meeting.
Stokes continued the hearing until December 8 at 1 pm. He told Guerre he planned to issue a Writ of Mandamus, requiring the town’s compliance with FOIA, and would compel the town to pay his court costs.
Andrea Erard, who serves as the town’s attorney, said that the town has already taken steps to ensure compliance, noting that she instructed council to retake three votes cast at the October 24 meeting. Two of those votes—one relating to playground equipment and the other involving the placement of gas pumps at town businesses—are expected to take place at council’s November 14 meeting. The third vote, which allowed Dominion Energy to construct broadband infrastructure in the town, is expected to be the subject of a public hearing at council’s December meeting, according to the attorneys.
While the Conditional Use Permit requests for multi-family housing were discussed at the October 24 meeting, no formal action was taken. The town has advertised public hearings on the requests for the November 14 meeting.
Erard said that the town doesn’t currently have a town manager and she plans to replace Harlowe as the town’s acting FOIA officer. She said that she’s working with the town’s webmaster to ensure she can update the site to properly advertise meetings and that a representative from Virginia’s FOIA Council will conduct a training for the mayor and members of town council.
In an brief interview Sunday afternoon, Guerre said that he’s encouraged by Stokes’ actions and confident that the judge will review the town’s steps to comply with FOIA at the December hearing. He expressed skepticism that training would solve the town’s issues, however, noting that Virginia law already requires Halowe and other town officials to undergo FOIA training every two years. He also said that appointing a FOIA officer is council’s job and Erard can’t unilaterally place herself in the position.
Thursday’s hearing marked yet another controversy for the town, which has been besieged by infighting between Harlowe, council members, and town staff. Council voted to censure Harlowe earlier this year for interfering with the duties of the then-interim town manager and making disparaging remarks about him. The body later rescinded the censure, but three of six members weren’t present for vote.
State police completed a council-initiated investigation earlier this year into misplaced town records. The investigation concluded that there was no evidence the records were taken or destroyed, according to The Central Virginian, and it was more likely that the town was disorganized.
Last year, Councilor Ed Jarvis and two other council members voted to begin the process of annulling the town’s charter, a move that sparked backlash from Harlowe and other residents.
Harlowe is squaring off against Jarvis in the November 8 General Election in a bid for her fourth term as mayor. Both candidates attended Thursday’s hearing.
BOS preview: supervisors to consider appeal to governor for HAB mitigation funds
The Louisa County Board of Supervisors will convene for their first November meeting on Monday night, considering an agenda that includes two public hearings and several action items. Check out the agenda highlights below.
Supervisors to consider appeal to governor for HAB mitigation funding: Supervisors will consider asking Governor Glenn Youngkin to include in his proposed amendments to the state budget $1 million for near-term efforts to treat and mitigate Harmful Algal Blooms at Lake Anna.
Comprised of toxin-producing cyanobacteria that can be detrimental to human health and harmful to wildlife and pets, HAB is a growing problem at the lake. The blooms prompted the Virginia Department of Health to issue no-swim advisories for the body’s upper reaches every summer since 2018 and the Virginia Department of Environmental Quality to add part of the lake to its list of impaired waterways earlier this year.
In a draft letter to Youngkin slated for approval Monday night, supervisors sound the alarm about the blooms’ potential impact, stating that HAB “is quickly becoming a crisis that endangers the economic well-being of the communities we represent and could threaten the health and safety of those who use the lake.”
The biennial state budget approved last June includes $3.5 million to study HAB in the Shenandoah River and Lake Anna. In their letter, supervisors acknowledge efforts to address the blooms, which are a burgeoning problem in freshwater bodies across the state. While noting that long-term studies are important, they ask for funding directed specifically at mitigation and/or remediation activities in collaboration with the Department of Agriculture and Consumer Services.
“While we expect DEQ’s study to eventually produce useful and actionable information, that process will likely take many years to come to fruition. Meanwhile, there is an immediate need for treatment and mitigation of HABs at Lake Anna using any number of proven treatments that can help ensure the lake remains safe, open, and economically viable,” the draft letter states.
The letter highlights local, grassroots efforts to mitigate the blooms, particularly the work of the Lake Anna Civic Association. Via its Kick the HAB pilot program, LACA has raised more than $135,000 to fight the blooms in small sections of the lake. Last summer, the organization deployed a treatment called Lake Guard Oxy at four test sites. The BlueGreen Water Technologies product has been used to combat algae and cyanobacteria in other waterways.
The draft letter notes that while the results from LACA’s treatment have been encouraging, “it is unsustainable and unwise for the Commonwealth to rely on a small-scale program funded with voluntary contributions to maintain the health, safety, and significant regional economic benefits of the lake.”
Over the last several years, supervisors have worked closely with state lawmakers to marshal resources and raise awareness about the blooms. Earlier this year, Senator Mark Peake (R-SD22) led efforts to secure funding specifically for Lake Anna in the state budget. In 2021, Peake passed a language-only amendment to the budget directing DEQ to issue a report detailing the impact of freshwater HAB across the state and identifying causal factors.
While the report states that the blooms’ growth is generally attributed to excess nutrients, like phosphorus and nitrogen, in warm, stagnant water, it notes that a lack of state funding prevents DEQ and other agencies from adequately monitoring, testing, and responding to freshwater blooms or pinpointing specific causal factors.
County prepares to fix boundary issues with Goochland: Louisa and Goochland counties are preparing to fix anomalies along their shared border that will impact where a few residents vote, pay taxes, and send their children to school.
Supervisors will hold a public hearing Monday night and consider approval of a boundary line agreement with Goochland that would move nine tax map parcels, totaling nearly 53 acres, to Goochland that are currently taxed in Louisa. The agreement would move one three-acre parcel from Goochland to Louisa. County officials have described the parcels as “islands” that are “surrounded by properties that are in the opposite locality.”
Representatives from both localities held a neighborhood meeting in late September to address how the proposed changes will impact residents “from a public safety, educational, voting, tax and legislative perspective,” according to a letter sent to affected residents. The boundary line agreement requires final approval by a circuit court judge.
Louisa and Goochland began addressing issues along their shared border in 2019 after discovering that the taxing boundary between the counties didn’t coincide with the United States Census Bureau boundary used to establish election districts and precincts.
The counties entered into a boundary line agreement in August 2019 that corrected most of the misassigned parcels. They agreed to address the “island” parcels after the 2020 census.
Board considers resolution in support of water and wastewater infrastructure at Shannon Hill Regional Business Park: Supervisors will consider passing a resolution in support of “the development of public infrastructure for the Shannon Hill Regional Business Park” and resolving “to (take) the necessary steps to complete the (infrastructure)” by the end of the third quarter in 2024.
The proposed resolution states that the county “has entertained several economic development prospects interested in locating within the park” that, collectively would’ve had a potential impact of $250 million in capital investment and 500 new jobs. The prospects decided to locate elsewhere due primarily to the lack of public water and sewer, according to the resolution.
The county has spent $2.5 million to design utility infrastructure at the park and, per the resolution, received $1.98 million in off-setting grants. According to information shared at an October budget work session, officials plan to spend another $23 million to complete the infrastructure. The county has applied for a $16 million grant from the state’s Business Ready Sites program to help cover the costs.
The 700-acre park will draw water from the James River Water Project, a joint effort with Fluvanna County. A pipeline to the river and pump station on its banks are expected to be complete between 2025 and 2027. The county has contracted more than $40 million in debt to pay for its portion of the project, which includes a water treatment plant at Ferncliff and other infrastructure, and expects to spend at least another $15 million before the pipeline’s complete.
The county purchased the Shannon Hill site in 2019 in hopes of sparking significant economic development along the Interstate 64 corridor. Many area residents strongly opposed the acquisition and the county’s plans for industrial development in a rural area home to farms, forests, and residential subdivisions.
Supervisors to consider buffer requirement repeal: In February 2021, supervisors axed a requirement that by-right subdivisions in agricultural zoning (A-2) include a buffer along existing state roads. Now, some supervisors are pushing to make that move retroactive.
The board will hold a public hearing and consider repealing the buffer requirement for all A-2 subdivisions regardless of when they were created.
Louisa District Supervisor Eric Purcell said at the board’s September 19 meeting that supervisors opted to remove the requirement last year, so he sees no point in keeping it in place for subdivisions created prior to the provision’s repeal.
As green-lighted by the Planning Commission, the proposed amendment reads:
On February 21, 2021, the Louisa County Code was amended to remove roadside buffer requirements for Agricultural (A-2) subdivisions, which required roadside buffers to be provided along existing state roads. Any roadside buffer approved by the subdivision agent as of February 21, 2021, is no longer required and it shall not be enforced for maintenance and/or replacement of plantings. Any security posted with Louisa County and currently being held for subdivision buffers (plantings) required under the prior regulations, shall be returned to the developer by the Community Development Department.
Supes to get preview of TJPDC legislative priorities: The 2023 General Assembly session is just around the corner and supervisors are gearing up with yet another preview of legislative priorities.
The board green-lighted its own legislative platform in early October. On Monday night, they’ll consider approving a set of regional priorities presented by the Thomas Jefferson Planning District Commission. The draft program list three top priorities: public education funding; broadband; and budgets and funding.
Specifically, TJPDC urges the state “to fully fund its share of the realistic costs of the Standards of Quality” for public schools without making changes that reduce funding or shift funding to localities. The SOQ sets minimum requirements for what kind of programs and support services all schools must provide and drive 85% of state funding for local school divisions.
TJPDC advocates for an adequately-defined SOQ that better aligns with what school divisions are actually providing including recognizing additional instructional positions and increasing state-funded staffing ratios for various non-instructional positions. Localities and school divisions should also have flexibility in the use of state funds provided for school employee compensation, per the draft platform.
With respect to budgets and funding, TJPDC asks the state to enhance funding for public schools, avoid imposing unfunded mandates that shift costs to localities, and enhance local revenue options. “Localities continue to be the state’s ‘go-to’ service provider and we believe state investment in local service delivery must be enhanced,” the draft states.
With that in mind, TJPDC urges lawmakers to broaden and diversify the revenue streams available to localities, further strengthen for counties, those revenue authorities that were enhanced during the 2020 legislative session, and avoid redirecting local general fund dollars to the state treasury.
For broadband, TJPDC supports state and federal efforts and financial incentives that assist localities in deploying universal, affordable access to broadband in unserved areas. The draft program acknowledges the significant increase in financial support for broadband expansion at both the state and federal level and asks lawmakers to promote efforts to offset costs for easement acquisition, consider a sales tax exemption for materials used to construct broadband infrastructure, support linking broadband efforts for education and public safety to private sector efforts to serve businesses and residences, and to maintain land use, fee, and permitting authorities reserved for localities.
The draft program addresses a range of other legislative topics including economic development, water quality, housing, land use and growth management, public safety, and transportation.
PVCC, Louisa County Agricultural Fair to present to board: Piedmont Virginia Community College and the Louisa County Agricultural Fair will provide presentations to the board Monday night. Supervisors allotted $6,189 and $5,000 to PVCC and the Ag Fair respectively in the county’s FY23 budget.
PC preview: commission set for seven public hearings including proposed changes to Zion Town Center
The Louisa County Planning Commission will consider a crowded agenda Thursday night including seven public hearings. Check out the agenda highlights below.
PC to consider more dwellings at Zion Town Center: Commissioners will hold a public hearing and consider whether to recommend that the Board of Supervisors approve Emerson-Roper Companies, LLC’s request to amend the proffers and master plan for Zion Town Center, a Planned Unit Development slated for 113.8 acres at the end of Camp Creek Parkway behind Walmart in the Zion Crossroads Growth Area Overlay District (tmp 52 12 4).
The Chesterfield-based developer has contracted to buy the roughly 90-acre residential portion of the development from its current owner, Zions Town Center, LLC. The latter won approval from the Louisa County Board of Supervisors in 2019 to build 599 residential units on the property combined with 274,600 square feet of commercial space.
Now, Emerson-Roper wants to put its own spin on the community’s residential component, upping the number of dwellings to 723 and changing its layout and design. Zions Town Center would retain the development’s commercial section.
Specifically, Emerson-Roper proposes to add 124 dwellings, increasing the number of townhomes from 99 to 275, decreasing the number of single-family detached homes from 164 to 112, and maintaining the number of apartments at 336 albeit with a revamped building design.
The townhomes, ranging from 1,700 to 1,900 square feet, would be taller than originally proposed and feature garages and slightly larger yards. They’d come in a variety of designs along wider streets that allow for both driveway and on-street parking. A section of the community previously dedicated to single-family detached homes would shift to townhomes and townhomes would also occupy space freed up by more compact multi-family housing.
Emerson-Roper also plans to reconfigure the development’s multi-family section by shifting from a cluster of 14 walk-up apartment buildings to a more compact design that includes two fully enclosed, elevator-serviced buildings. The rental apartments would feature various amenities including gathering spaces, a pool, and gym. Sixty percent of the apartments would be two bedrooms, 24 percent would be one bedroom and 16 percent would be three bedrooms, according to the developer.
The community’s remaining detached single-family section would retain much of its original design. A representative of the developer previously said that single-family homes would average about 2,300 square feet.
The applicant touts the development as “workforce” housing and has agreed to build a minimum of 24 two-story townhomes, which would presumably start at a lower price point than larger units. The developer hasn’t agreed to set aside any units as affordable housing to offer below market rate.
Emerson-Roper contends that its proposed changes won’t significantly impact county services including Louisa County Public Schools and Fire/EMS. Accordingly, the developer hasn’t offered proffers that offset potential strains on services.
Emerson-Roper has agreed to make the same traffic improvements recommended during the property’s 2019 rezoning. In addition, the developer has agreed to prohibit the construction of an inter-parcel road connecting the PUD to the parcel directly to its east (tmp 52-22).
Staff recommends approval of the request but highlights several considerations to mitigate the development’s impact in regard to emergency services equipment and personnel, affordable housing, and landscaping features to prevent potential trespass on large adjoining tracts.
Read Engage Louisa’s deep dive into Emerson-Roper’s proposal in last week’s newsletter.
Commission to consider rezoning request for additional lots: The Planning Commission will hold a public hearing and consider whether to recommend to the Board of Supervisors approval of 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.
The applicant is requesting the rezoning to divide the property into five residential lots. Under the county’s rules for A-1 zoning, parcels are limited to three divisions while A-2 zoning allows for a maximum of seven lots. (Two lots were previously divided from the property). Louisa County stipulates a 1.5-acre minimum lot size in both zoning designations.
In the request, the applicant argues that the rezoning would not be detrimental to the neighborhood, pointing out that the parcel is in proximity to several residential developments including Hidden Hills and Green Springs Estates.
In its report, staff notes that the 2040 Comprehensive Plan designates the area rural/agricultural, but five additional homes on appropriately sized lots wouldn’t conflict with the plan’s vision.
Commission to consider pair of commercial rezonings at Zion Crossroads: Commissioners will hold two public hearings and consider whether to recommend that the Board of Supervisors approve rezonings, from industrial (IND) to commercial (C-2 GAOD), for three parcels in the Zion Crossroads Growth Area Overlay District. The parcels are home to or adjoin the Best Western hotel (tmp 51-5-2B, 51-5-2C, 51-5-2D).
According to staff’s report, the applicants, Zion Investment, LLC and Crossroads Land, LLC (51-5-2B, 51-5-2C) and Harvest ZC Assets, LLC (51-5-2D), are requesting the rezoning for consistency with surrounding properties, nearly all of which are zoned commercial, and to ensure the parcels adhere to permitted uses under the county’s current zoning code. At the time of the Best Western’s construction, hotels were permitted on industrially-zoned property. Under current county rules, hotels aren’t a permitted use in industrial zoning in Growth Area Overlay Districts.
Staff recommends approval of both requests, noting that moving the parcels from industrial to commercial zoning “provides more appropriate zoning for existing land uses, and limits industrial uses that may not be suited to the surrounding area.”
Commissioners to consider adding abatement, civil penalties as tools to resolve code violations: Louisa County could have new ways to rectify violations of its land development regulations.
Commissioners will hold a public hearing and consider whether to recommend that the Board of Supervisors approve changes to county code that would allow for the use of abatement and civil penalties, in addition to criminal penalties, to address various code violations.
Under Virginia law, localities can adopt an ordinance allowing for abatement and establishing civil penalties for violations of certain provisions in the zoning and building code. But current county code only allows violations to be prosecuted criminally.
Assistant County Attorney Kyle Eldridge said at a previous meeting that responding to zoning and land use violations with criminal charges presents several challenges: if a criminal case is dismissed, the county has 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, Eldridge said, including requiring a lower burden of proof based on a “preponderance of the evidence” standard.
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. In a memo to supervisors earlier this year, County Attorney Helen Phillips pointed to several land use violations that the county has been unable to remedy due to limitations on enforcement.
More changes to buoy application process proposed: Commissioners will consider whether to recommend that the Board of Supervisors approve a significant hike in the application fee to place a no-wake buoy on the public side of Lake Anna.
Currently, the county charges just $50 to individuals and organizations who want to place a buoy on the lake to warn boaters of a natural of artificial hazard or otherwise address public safety. Staff suggests raising the fee to $450, equal to what Spotsylvania County charges.
The fee hike isn’t the only change proposed for the buoy application process. In early October, the Board of Supervisors agreed to hold a public hearing to consider lengthening, from 30 to 90 days, the time the county has to review applications for new buoys before making a recommendation to the Department of Wildlife Resources, the state agency tasked with approving their use.
Lengthening the time to review applications only requires a public hearing in front of the Board of Supervisors.
PC to consider Barlow’s proposal for property separated by a fee simple right of way: Mountain Road District Supervisor Tommy Barlow, a surveyor by trade, proposed at the board’s October 17 meeting that the county clarify the way it treats parcels that are separated by a “fee simple right of way strip,” namely a county, state, or federal road.
Barlow said that, prior to 2015, the county considered those properties as separate tax map parcels. But, since then, properties that straddle a road or highway have been lumped into one parcel.
“(Our interpretation says) that they are physically separated parcels but not legally separated. Everybody I’ve talked to said this makes no sense. I think our ordinance needs to reflect common sense,” he said.
The Planning Commission will hold a public hearing and consider an amendment to code that would deem parcels separated by a county, state, or federal road as separate and individual parcels for taxation and development purposes subject to several conditions including the submission and recording of a plat with Louisa County identifying the parcels.
Click here for contact information for the Louisa County Board of Supervisors.
Find agendas and minutes from previous Board of Supervisors and Planning Commission meetings as well as archived recordings here.
Click here for contact information for the Louisa County School Board.
Click here for minutes and agendas for School Board meetings.
Click here to access past editions of Engage Louisa.