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HomeMy WebLinkAbout1992-01-08January 8, 1992 (Regular Night Meeting) (Page 1) 288 A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on January 8, 1992, at 7:00 P.M., Meeting Room 7, County Office Building, McIntire Road, Charlottesville, Virginia. PRESENT: Mr. Edward H. Bain, Jr., Mr. David P. Bowerman, Mrs. Char- lotte Y. Humphris, Messrs. Forrest R. Marshall, Jr., Charles S. Martin and Walter F. Perkins. ABSENT: None. OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr.; County Attorney, George R. St. John; and County Planner, ¥. Wayne Cilimberg. ~ '~i.-, Agenda Item No. 1. Chairman, Mr. Bowerman. - i' Agenda ~ I:tem Nol ~ 2. Agenda Item No. 3. The meeting was called to order at 7:00 P.M. by the Pledge or.Allegiance. Moment of Silence. - 'Agenda Item No. 4. Other Matters Not Listed on the Agenda from the Public. Mr. Bowerman explained that the Board typically starts the meeting with comments f~om the,~public about other' matters that are: not liSted 'on.~he agenda~ He-said that 15 minutes areallowed~for these comments.=~'He asked for an' indication from the pUblicas~o, how many people wanted to speak. He asked the~speakerslto ,limit their comments to two minutes~each, so that everyone,. Would,havean opportunity for the Board to hear their remarks. Mr~. Kevin Cox stated that he was speaking because ~he understands that a large firm is interested in building a new'Plant in the County and may hire between~600 and,800 local people. Hebelieves that Albemarle County needs thesg~jobS,'and that the County government needs the enhanced tax base. He added that some people will question the need for more jobs locally. He said thata¢cording tO~'the Virginia Employment Commission (VEC), the current unemPloyment rate is 4.5 percent, and historically it has been low. He noted that the 4.5 percent is an inaccurate statistic that represents only those people~who~have.applied for and are collecting~nnemployment compensation~~ In 1988~ acCOrding.to Mr. Cox, the Thomas Jefferson Planning District' Commission repocted 'that nine percent of. the~populace was~ctivety looking forwork. He. said~that~undoubtedly, the number~ of..unemployed has increased substantially,~' since~988, He pointed out that~ VEC data indicates that the Charlottesville area.~has~lost 1600, jobS in the last.year alone in construction, manufacturing and services. ~Mr. Cox believes thataselected representatives off. these people'whohave lost,'.theirjobs, it is the Supervisors! responsibility to encourage thekind of, economic development that will get them working again' in good,~ decent ~ paying ~obs~ He'said that increased job opportunities Will also have positive~effectontheUniversity and its personnel~ ~He Stated that>now, this ~is~anl. almost onecompany town, which~will not make this area recession~proofl He,said, that the Governorhasshown that this area ,is more, vulnerable to receSsion.~when~StatefUnding cuts to the Universityarepart of, a political strategy. He went on, to say that'increaseddemands~for employees'will force UniVersityof Virginiasupervisors'to give ,its staf'f~ raises, or, riSk losing them to better paying jobs in the, private sec~or~ He,noted also-that facUlty~ staff and'~stUdent ,spouses~who~ are currently~unemployed.,orgrossly under- employed and"would have the opportunity to~increase~.,their~incomes~'and~,improve the qualityof their lives. He personally knows of researchers who have left the University and left the community because theirspouses couldn't find decentjobs for whigh they'were~quatified~TM He,said that~these people ,are educated, trained~,and anxioustowork, and, many, of them are'already livings,in the, County~and sending their children to County~schools. He stated,~that new jobs, whi~h~.would: put,these p~opie-to workwould not createnew.education or other'sign-ificant'~,publia-service co,sSs. He.said that ,the,-jobswould provide themwit, h additional income.to put,back in~o'thelocat~economy,,,whichiin~turn would,increase sales, tax,revenUes tothe local government. -He~.wenton~tosay January 8, 1992 (Regular Night Meeting) (Page 2) 289 that this would enable them to buy in the home market, increasing the value of property in the County, and enhancing the tax base. Mr. Cox said that in spite of these obvious benefits to the tax base, the leaders in the community who oppose economic development, insist that growth will always cost more than it returns. He stated that this is just not true. He added that it might be true under certain circumstances, however. He pointed out that if 600 new, low paying jobs were created and filled only by new arrivals, then there probably would be a negative fiscal 'impact. He said that the reality is very different. He noted that now 60 percent of Greene and Fluvanna counties' working residents commute to Charlottesville and Albemarle County, and those patterns are not likely to change. He stated that i~:c,~eased unemployment: gener.ating morel need for fuel assistance, Section 8 housing, assistance, food stamps, etc., plus having a community that grows only because of growth generated by a single employer who does not pay local real estate~ taxes~'are: things that: wi~ll have. a ne~gativeimpact on:the County~ He implored the:Board_to send a positive message that this Board and this County want economic development that will create decent jobs and help preserve the County's most important natural resource -- the~people o.f Albemarle County.- Next, Mr. Wendell W..Wood, told the Boardthat he was present-to.speak~lo the issue of.a new, industry that is considering locating, in Albemarle County. He-~informed the Board of the facts as.he knows them, and as they have,been presented-to himby the Virginia Economic Development Office,-and the indusr try', itself, He explained that,.he has,met-withrepresenta~ives of the ..indus- try along with r.epresentatiVes of the Governor's office. The~facts, as he now knows~ them., are that'this.corporation is a !i'Fortune 500" company.. He~no~ed~ that~ ~he~members.'of~this company have alluded to. him tha~.this-indust~y is possibly in the top 20.~of the Fortune 500 divisions, and,it would be a~world headquarters for adivision of that company_. He understands that thecompany 'will be a.-~'top-drawe~,~business, with.a very.cleanoperation of highte~hr nological reSearch and development with light manufacturing.. 5e remarked that the company-is hoping tol locate 0n a 95 acre minimum, to a 100 acre site. ~He said. that the building will.be 1,000,000 square .feet under..~roof on one. level. He indicated that the company representatives have looked at 180 different loCations~across?the-United~States,~and have now nar, rowed the<search tof~ive', with'Charlottesville ~and one other,~Virginia, city .being in the top five. i He . stated, that the company.will employ approx, imately700_people, and,the te~ta- tive breakdown is': 300 technically based.manufacturing.employees, 300.re? search.and development:(white collar) employees, and'lO0 support'an-d:.'Sec=etar- ial employees. Hesaid thatthe~timetable is'crucial, with a final decision to'be made in April, 19.92, and. withoperation'ofthe business beginning by mid-1994...~He stated~ that t~is criteria came.from~the Governor's Office and the!~company, itself .... Mr. WoOd. said, he' would.answerquestions, and reiterated that. he fe~ls strongl~that thecompany, should locate here'. :He. noted, that there, is.~.some'.. talk in.the communitythat 'jobs are needed,-amd~he .hopes the:Board~members have heard ~heseremarks~ He pointed out, thatthis communityhasnot~had~any new employer since the.opening of'the,General Electrics(GE) plant ten years ago~ He r.ecalled:.thatthere.was great'hes-i~ancy to locate GEhere because,of what it~would do to: the community. ~.He said that, fortunately,-ten years ~go, the:Board of~ Supervisors.saw fit to rezone ~that:land, ~and, today,.'1000 later, GE .is referred,to as thee. type of industry that is, desired.for~this community. He hasbeen tol'd bycompany repr~sentatives, that,this.c~mpany.is anotherGE::. To qualifY that, Mr. Wood stated that_hewas-the one who sotd'?the prope~ty-.to GE,.ten years ago,~ He'said thathesigned.the contractwith GE as " u ' X" Mr. Wood said ha has heard a lot of comments about why this industry 'will not divulge:its:,iden~ity;, but'.he:reminded:,.~he Board that, GE didno%make~ts identity known;i-fi{e, pointed~ outlthat..it is: norma~l forindustriesnot identify.themselves'because ~here are many ramifications'invOlved. I.f.;anyone wants-,to'ask, him about some of the reasons why a:companywants, to ~emain, anonymous~ he wi'll behappy to explain them, He'noted that he~hasheard people,state, that it,is:..suspicious that the comp.any will not~ identi.fyi~s.elf% He~'added that there, is nothing suspi¢iousabout it., an~ he;reiterated that:~' this is a ~zery routine and.normal procedure for companies of'this:~ature:'...He said that this company is. basically another. GE plant', and the company wants to be here. He stated:;that the company:.does-n'otwant to receive..a negative'. January 8, 1992 (Regular Night Meeting) (Page 3) 290 reaction from the County, and he pointed out that there have been some com- ments from Board members that Albemarle County does not act negatively in this type of situation. He said that the matter does not need to be discussed tonight, but if the Board desires, he is prepared to produce evidence whereby the County has the reputation of reacting negatively to companies wanting to locate in this area. He added that the State Industrial Development Commis- sion will so state, and he said that the Commission will not suggest Albemarle County to an industry that is looking to locate in the State of Virginia. He went on to say that the Commission will not bring the industry to Albemarle County unless the industry itself indicates that it wants to consider Albemarle County. He has worked with the Commission for many years, and knows that this is a fact. He commented that this County has an opportunity now to Show~ a wi!li~gness-to~'chang~ this situation, and he believes a change is in order because of the way business has been conducted in the past. He went on to say that if the situation is not as it has been represented to the Board, he: will he:~,the firStone to acknowledge it. ~ · Mr. Wood explained thatthe property the companyis considering is located onRoute'29 North across frlom the GE plant. The companYalso consid- ered fouror five other sites in the area .such~as the'University_ Research Park and~property on Avon Street~. He noted that these sites were'either in the-- COunty's MasterPtan for~industry.or were zoned for industry, ~but~none'of~them met~the company's criteria..He said the site that the company'has picked meets.the company's c=iteria, bUt~it is not zoned, andis not in the County's Master Mlan for that'type of'zoning. He asked that the Supervisors consider adopting whatever it takes to accommodate this industry. He'askedthat Board start theprocedure immediately, because the next decision will be~made by the middle off. this month, which~s~only one week away. He,.noted"that when this de~ision is made, it~ will cut the five localities being considereddown to three.' He said that another decision will then be-made at.the end ofthe month.~.He indieatedthat the' Eounty,does not have the luxury of dmlaying the decision to study the Plan, and if this happens, the company will not locate here. ~He then sugg~sted-thatthe.effects ofthe_GE plant~couldbe'studied. At?this point, Mr~ Bowerman s~ate'd that he-suspects there are~othe~ peop~e~.from, the public~.who~want~.tospeak on the~sub~ect of the, new company ~ocating i~Albema~leCounty,--,.~He stated that's, he would, ilike'to;"speak~on~-~h.i~s~-? matte~, also~ 'and ~he~suggeste~that. after~Agenda~Item 11~, if-the Board agrees, the request~-that~Mr. WOod, has made will be discussed~as. Agenda ,Item-l'l('a),.~ He indicated-,that consideration could be given to a~Comprehensive Plan :amendment or,whetheror not a Comprehensive Plan amendment,is,re~ui~ed~ He. asked that questionsbehel~ and that~Mr~Wood'remain :until that,,time. He said~that he and:-other~BOard'members-woul~like to deal. ~ith,the :established.agenda first, sincepeople are attending, the meeting because of~c~rtainitems'onthe agenda. He said that he:also wants to. deal with the other issue relatinE to the location~,of,~the new company~ Mr;.~Marshall· askedif-Mr.::Wood"could be aC_the meeting for this discus- sion. Mr. Wood indicated that he could be present, for-the discussion later in the,meeting. .He asked Mr. Bowerman'if~,he is suggesting that the-discussionr be discontinueduntil, later in the meeting. M=.~ Bowerman replied,"yes.?,-~'He explained:that Mrs.-~Humphris;has:'some questionS, but!he would'ratherhave'this discussion after theother, agenda' items have,been ~onsidered. ~ - M~, Steve Blaine spoke next.. He is present to speak on behalf.~oC the'. BlueRidge~ Home Builders.Association as a?member ~f~that .organ~ization's Committee 'on Gover, nmental;Affairs~ He indicated that he~ had sent this Board a letter,,but he understands that the Superviso~shavenot~hadtime .to review it.-.He said that he would give a brief overview ofthe Committee's endorse- ment of a statement of positions on legislative issues and this statement will be presented to the General Assembly representatives to seek their endorse- ments. He understands~that the Board has aiready~adopted its own.legislative package for1992, and. he hopes to advise this Board of the Home.Builders! positionon issuesthat-are iikely.~toicome~ before~the~General Assembly. this ~. session. On issues, retating~..to growth~ managemen~,.in pa-rtic~lar,~ it is important to the. Home Bui!ders~ Association~-that theCounty~Supervisors~,hear~ the~concerns of the~.building industry. He. said:that~the position statement before this Board reflects these concerns, and. these concerns will become relevant when this Board considers growth management, planning issues and January 8, 1992 (Regular Night Meeting) (Page 4) 291 policy decisions at the County level. He indicated that there are two major goals in the statement, and those are to reduce uncertainty in the planning process and to promote affordable housing. He noted that he is not necessari- ly talking only about low-income housing, but also quality housing for the - middle class and the working people in the Commonwealth. He limited his comments to the major issues in the statement, and he said that many of the issues are affiliated wit the State Home Buildings Association, and many of them apply to Statewide concerns and are not problems in Albemarle County. Mr. Blaine said the goals in the statement are best illustrated in the first position of whether State and local governments should be required to assess the fiscal analysis of new regulations that are adopted. He pointed out~hat~.his, Comm~'ittee~!s p~sition~iS, that both State and local governments sho~id~',be required to assess the impact on housing affordability prior to adopting regulations in the areas of planning and environmental protection, in particutar.,.~He said ~-hat, with each neWiboard o'f~reviewthat:is~crea~ted~and' each building restriction thatis imposed, the cost or.delivering housing increases~.as,the land component~ of those costs .rises. He stated that_.this does, not mean that'~the Association isopposed toenv, ir0nmental~regulations. He noted t, hat the'Chesapeake BayPreservation':'Act and othe~rWater,~quality protections are good things, but the Association.is',saying that housing consumers are entitled to know what it will cost them~f.or these typesof protection, and there should be abalance. Mr. Blaine next stated that-the Blue.Ridge Home Buitders'.Association opposes efforts, to'relax the Dillon Rule. He said that' the Dillon Rule~ provides~,.an'important check and ba~:ance on the powers of local governments.. T~eAsso,Ciation isnotopposed.to localitiesseeking specific delegation~ of necessary powers in ~the General Assembly. He~added'thatcoUnties like Albemar~le,.:whichhas had,.to provide~increasing.services fora growing popu!a~' tion-',sh~uld be able ,to~make-a .case before~the~,General Assembly for.more~ taxing.~and~:borrowing authority simi'lar to what the cities in. theCommonwealth en~oy,. Mr~ Blaine went on lo say that.the Blue,Ridge..Home Builders Association opposes efforts to increase, sewer: and'water:'connection'.-fees as an-alternative to.'increasing chargesfOr ~the actualuse of those facilities. Hestated that connection~f'ees should beused for,~capital improvements and.not to' subsidize general operating costs. Mr. Blaine indicated that the Association supports increased, regional~cooperationof local government in providing~public.servic- es including water,'~.transportation and wastemanagement and sUppo~rts a~compre- hensive affordability strategy on housing based'~on a, regional basis.~ Tn'~ Co~clusion,~Mr. Blaine aske~,',the Board to study, the other~posi~ions-that are before the',Supervisors~ . . .Mr,;,Bowerman.than-ked-Mr.~Blaineand i.ndicated~that,~as the. legislative session proceeds, ~the Supervisors may need,to contact his g~roup.topos-si~bly make, some joint trips to Richmond with the Blue Ridge Home Builders AsSocia- tion ~representatives. Mr. CarterMyers spoke to,the Board and indiCated, thathe could not be presentlater inthe meeting~hen the Fortune 500.matterwould be discussed. Hesaid that-he,is a resident of.'-the County and the owner.of a business.here. He asked'the Board's support of~Mr. Wo0d's~equest forthe P~tential new.. industryand that'the County~put forth a fresh,.approach to,businessland industry.'.-He thinks that a~positive.~ap~proach isneeded,as, wellas a~partner- ship.betwee~ the, governm~nt,.residents and businesses~'.-He stated.~that.,,'Japan haS done this, and,it, has drained this country of $40.0 million a yea.r. He added that most business people are hones't,~ ethical and concerned citizens, and they ~do. not ~ant to destroYthis beautiful area'.~ He said that these business' people 'love-~the areaas much as theSuperviSors, and they want~to live here. He stated that many residentswoUld like for their children~and- - their gran~dchildrento live here if they can find rewarding employment. He went on to say that approximately 15 months ago at Leadership Charlottesville, the County's Comprehensive Plan was presented in a session on growth manage- ment~ He was surprised when he'read ~he first goal of Chapter O~e,~..and he quoted, "Allow expansion o'f industry.at a-rate generatedby the pri~ate:-sector to accommodate that rate .and type: of economic growth which is.consistent .with other'ComprehensivePlan §oals." He said thatthe wordingandtone of.this 292 January 8, 1992 (Regular Night Meeting) (Page 5) goal concerned him, but what concerned him more was that every other goal in the plan had an objective and strategy, and there was not anything listed for this goal. He does not know how anything can be accomplished without some objectives and strategies. Mr. Myers said that one place in the document mentions an adequate standard of living and quality of life, but it mentioned nothing about the private sector supporting this quality of life. He does not believe it can happen without some private sector contribution. Mr. Myers remarked that the Comprehensive Plan did not get the broad base of input from the community that he and the Supervisors would like to have had. He stated that usually there is a low turnout of people at such meetings because business people do not have the hours that the consultants have to put these,,documehts together. ~e~thimks~that this is sad, but he also thinks that it-is time for a change. He went on to say that during the 1970's and the 1980's, maybe it was the Supervisors' job to show some caution in relation to newlbusinesses and industries'in .the'County. ~He saidl-that' the U~iversity was moving~ahead, and'the growth~was there, but that is not true,at this time.-- He thinks it is time that the thinking is changed in the' County, and it is.time that a new partnership is formed between the people and businesses;:~ that. pay taxes and-,'cr'eate jobs in the-County government. He said that~head,~',~ lines and editori'als such,as the ones. that were recently:in the paper are not needed. He added that there were many requests for jobs in last Sunday's newspaper, He does not think that growth'is'whatis'being considered now,!:but instead:, replacementof the jobs that"have been lost~ He went on to saythat meeting, payrolls-is tough,'.sales ~are.,tough, paying taxesis:tough."He~,poi~ted out that people' do not want to pay more taxes, 'as was shown by..thelast food ~ tax;referendum. He-said the meatstax should have. beeneasy to get'approved bY the people because 50 percentof the tax would have been borne by people outside of the community. He noted that business taxes, can pay. for schools, salarieS,-services an~ sharethe burden of high real estate, assessments~:and~ personal, property taxes.. Mr. Bowerman asked' Mr. Myers to'.finiShhis remarks as:~soon as possible. Mt. Myers continued-by saying that he, woUld 1.ike:to see theCounty' go after good industries.. He stated that he had visited Crutchfield Corporation, andhe noted that the Crutchfield Corporation emPloysover 200. people.and has no smoke stacks~. He pointed oUtthatover;.hall:f of the Crutchfield busimessis underground, and,tax revenues are being broughtin from all.overthe UnitRd . States-to-help pay-for_~c~assrooms~in Albemarle:County.. He added that '- ~-~ Crutchfiel~ is a good:industry and an asset',to this-community. He requested thattheBoard of Supervisors and the, County leadership join forces with businessland develop a partnership for-positive growth ~or this County. He asked the"County's help in'finding jobs, making, the County better and for qualitydevelopment~ He:-said that' the County. needs:these ,businesses.: He' asked for theBoard'ssupport of Wendell Wood's request relating to the Fortune 500 company; · Mr. Bowerman stated thatMs. Sandy Snook had indicated.that she would l'ike'to' speak, He said that,, with the Board's approval,~ he Would like to., allow enouEh t!ime for-the' Board~to hear he= comments. He'added that' Ms.;Snook woutdabsolute.ly be~the~last speaker. ?:-: -',Ms,. Sandy Snook stated:-that last,June':the League, of, Women,,~oters and the Chamberof~,Commerce sent~ out. a survey to businesses in this .area. She-said that the ,questions aoncerned.~waste.'reduct.ion and;traffic reduction~ Shenoted that these-two problems are endemic..She added that, with the cooperation~of many: businesses~ data'has been assembled wh!ich may be of: assistance to people whO: are planning strategies for ~dealing with'these: twoproblems.. She hopes that.the Supervisors~wil:l look at,the materials and,consider thomas they are making-policy decisions. She said the information is being passed on to staff people and those who should know about it. She pointed out that, the actual data from the survey is at the Planning District CommisSion office, and she indicated!th, at Mrs~Nancy O'Brien would behappyto,-hetp-interested persons in fu~he~ d-iscussions,~ ~' January 8, 1992 (Regular Night Meeting) (Page 6) 293 Mr. Marshall commented that there were a lot of people in attendance at the meeting who did not get a chance to speak because of the time constraints. He asked Mr. Bowerman if it would be permissible to have a show of hands of those people who are in support of new industries coming to Albemarle County. - Mr. Bowerman answered, "absolutely." After asking for a show of hands of people in support of new industries coming to Albemarle County, Mr. Marshall asked for an indication of those people who were in opposition. (Note: Most of the people in the room raised their hands in support, and only one person raised his hand in opposition.) :~'. ~ kgenda-Item: Noi~ 5~.- Consent~Agenda. Motion was offered by Mr. Bain, seconded by Mr. Martin, to approve Item 5.1, and to accept the remaining items on the consent agenda, with the exception of Item 5.2, as information (discus- sion on this-.:item wit't!- be shown where~ that-item is' listed, on' the~ ag:enda)'.. There was no f:ur~ther discussion. ~. Roll was called and the motion carried', by, · the following recorded~. Vote: . . ' AYES: ~Mr~ Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and Perkins. NAYS: None., Iteml 5.1. Resolution requestingacceptanee-of Stanley Drive in Lowell Pines Subdivision into the State System of Secondary Highways. At the request ~0f "M~-.' Charlie A. Gray, in a letter dated October 10, 1991, the following resolu, tion"was~ approved by.~the-vote:', shown above: BE IT .RESOLVED by the Board of Supervisors of Albemarle County, Virginia, 'that pursuant to Virginia Code..Section 3'3.1~-'229, the'Virgin- .ia Department: of. Transportation be and .is hereby requested to.accepts. .into the Secondary System of Highways, subject to final inspection and approval 'by the Resident Highway Department, the following road in . .Lowell Pines Subdivision: . Stanley Drive:~ Beginning at Station 10+25, a point common to. the centerline of Stanley drive and the edge of pavement of State Route 743, thence ~¥. in a southeasterly direction 756.82. feet to_Station 17%81~82,:the end of the cul-de-sac~ ~.~ ~BE~IT'~FURTHER RESOLVED that. the Virginia Department of Trans- . portation be and is hereby guaranteed a 50 foot unobstructed right'-of-way and'drainage easements along this requested addition as recorded by.plat i~ t-he OffiCe'ofthe Clerk 'of,~the Circuit Court. of Albemarle. gountyin~ Deed Book987, pages~.~453~455. ...... ~ Item 5.2. -Letter dated. December 31, 1991, from D. S. Roosevelt, Resident Engineer, concerning traffic accident data for the intersection of Route 656 (GeorgetowniRoad)~and'Route 743 (Hydraulic Road). "The District'Traffic Engineerhas advi.se:d..me that~ an examination of'~ all accident's at thisintersection between January 1, 1'989 and ~ June 30, 1991 indicatesthat only two involved rear-end collisions. Neither of these were as a result of traffic backing, up behind left turning vehicles.~. The>accident data did~indicate.someaccidents~due to, left turning motorists failing to yield to southbound through traffic, on-~Hydraulic~Road.-While accidentsof this nature~were 'prevalent in 1989and 1990, no accidentsof this type have occurred through June, 30, 1991. Based upon his review of the accident data, he recommends no changes~in traffic patterns at this time~ We will, however, review accident data again through December, 1991 when it is~available~to assure that the left turn through trafficconflict hascorrected itself~" Mrs. Humphris said that she had requested this information at the mid- Novmmber-BOard meeting. ,She remarked:that Mr.;~Roosev.eltmusthave misunder- stood, her~questions because, the~ data~onlymentioned two rear~endcollisions. January 8, 1992 (Regular NightMeeting) (Page 7) 294 She stated that the problem she had brought to Mr. Roosevelt's attention was the problem with westbound traffic making left turns onto Georgetown Road. She added that Mr. Roosevelt indicated that there was some data, but it was not up to date, and for the present time no changes in traffic patterns are recommended. She would like to pursup this issue further because she thinks more information is needed. She asked the staff to request Mr. Roosevelt to continue studying the matter through the end of December, 1991. ~ Item 5.3. Copy of Monthly Bond Program Report of Arbor Crest Apartments (Hydraulic Road Apts.) for the Month of November, 1991, was received for information. Item 5.4. Letter dated December 12, 1991, from Hugh C. Miller, Director, :Department Of HistoricResources, stating that Bellair. h'as been place,:on'the Virginia. Landmarks Registerandnominated to the National RegisterofHistoric P.taces;.~as received.for informat~ion. Item5.5. Letterdated December' 13, 1991, from Hugh C.::Miller, State. Historic Preservation Officer, Department of Historic Resources, stating that The Rectory has been entered in the National Register of Historic Places, was received for information. Item 5.6. Copy of letter addressed to Mr. Stuart A. Waymack, State Right-of=WayEngineer, Virginia Department 0~.Transportation, dated December 20, 1991, from Mr. J. W. Wade, Superintendent, Shenandoah National Park, re: transfer.of lands-for road-purposes, was received; fo=-information. ttem~5.7. Co.p~ of Planning Commission minutes for December 17, 1991, was recelved for information. ~ :Agenda Item No. 5al Repor,t from ~the Reglistrar~ one: Congressional ~istri.ct Mr. 3im Heilman, Registrar of Voters, stated that he.will give a brief update of the congressional redistricting plan. He noted that if the Board decides that' it Wants to take action?concerning this redistricting,the time is veryshort.' Hesaid there arc, some problems with the way. that~the lines-have been drawn by the General Assembly, and h~ pointed-ou~~ that th~ problems lie withthe sPlit Precinctscreatedby the General~Assembl~s action and the Governor's amendments tothe plan that is currentlly~before the U.S, Justice Department for approval. The Ivy'Precinct is a split precinct and had to be dealt, withduring thelast-election. It is a bad situationas far as. election administration is-~oncerned, and it is very confusing to voters because they do not know who represents them. The congressional redistricting plan creates two split precincts which would make a total of three split precincts in Albemarle~CoUnty.'He~hopeS that this chan'ge can ~e avoide~ ~ ~-~ ~..~ -. Mr. Heilman went on to explain the reasons for the split precincts. He remarked that theDivision~ or. Legislative Set.vices, which has the' computer that drew the maps and. presented the data to.the General~Assembly, used~. Albemarlei'.County's-old precinct lines~fromthe 1980-'s.. He"stated that thc. tines:that this Board approved last May:~ere not, taken-.into account, nor were lines:by-any' other locality considered. .He isunsure why,there was_~not~time to:get the new data-into the computer,.'but'.it has caused problems for Several localities. Thesecond. reasonfor the split precincts, accoTding to Mrs. He~lman~, was:.because.both the Governorand theGeneral;,Assembly deemed it necessar~tomake the Congressional districts almost:exactlyeven'in popula~ tion,;Herecalledthat~when the County redistricting was done, there wasl~a "rule o:f. thumb, pr:inciple-.thathad some quasilegal precedents.of making all of. themagisterial districtswithin plus or~minus-'five percent_of ideal. He said that if. the GeneralAssembly had used this principle~-there could have been districts off by as much as 28,000 people from ideal. He stated that as fa~ as. the plan that is now before the Justice'Department, the district that is the far. thest.awayfrom-ideal is off by Z8people. He. said that i. norder to January 8, 1992 (Regular Night Meeting) (Page 8) 295 get this degree of exactness, the old lines were used, and in some cases, new lines were created. He added that this is why Albemarle County was affected by the change. Mr. Heilman showed the Supervisors the approved plan, and he pointed out the Seventh District which encompasses the precincts for Free Union, Earlysville, Hollymead, Woodbrook, Jack Jouett and University Hall. He told Board members that the small, green areas on the map depict the split pre- cincts. He noted that old precinct names and lines were used when the ap- proved plan was prepared. He said that there was no reference to the Branchlands precinct, because it was not known that it existed. Instead, an area was draWn that includes the Branchlands precinct, and 112 people living from. Northfields Road to the Railroad~, who were moved and put in the Fifth Cong~ressional District. He went on to say that:a bigger.~problem liesin the_area that includes nothing but the Alderman Road dormitories an~ th~ Observato=y and~does not~ have over 80 or 90 voters. He added that 2080 people are in that district, however, and those people are now in the east Ivy Precinct, based on this Board's redistrictingplan. He said the~eneral~Assembly, s_ Congressional redistricting plan has those peopl~ voting inthe.~SeventhDistzict, and the rest or, east Ivyis in the Fifth-District, whic~reates"a split precinct~ He believesthat the only thing left~.~o~do to help~the splitprecinct~ situation is'to get the GeneralAssembly'to"'offer tec~nic~amendments~toits plan~ He s'aid that a technical amendment~would seemapproprimte and would.move the line tha~ affectswthe~ll2 people wh~.were movedto the.FifthCongressionat. Dis-~ tri~t..~Me stated_that mo~ing~2080peopl~, considering the issueof~keeping the-.distri~ts equal~., could~be mo~e.than technical. Mr. Heilman pointed out that the other two maps on display show two plans that Were~presented~by Senator..Tom~'Michieat the end 'of,'_Novembe~::when:t~h Gener~lAssemblywas.~revi~wihg~and deciding on'thespian,. Hesaid ~hat one'. plan was' introduded, by-Senator Michie and wa. sapprovedby the 'Senate~ butthen it was eliminated in.the Conference Committee. He next pointed-~out a plan thatsplits four, magisterial districts~ He said that'~this plan is, nota prob. lem~.as~f~ar as, election adminiStration, butit is'considered to be a - problem as it relates to.voter, confusion and identification.to/the; voter!'s representativesfrom the~tocal~,tevel to theState and. nationa, l'levels.~.He saidthatanother plan alsosplits four magisteria~diStricts. He: noted tha~ in, one plan the,only'distri;cts that' are not affected arethe.ScO~tsville:an~'~ WhiteHall Districts,,andwith the'other plan,, the only districts;that-are not split are.the JackJouett-and the,Scottsville Districts. Hesaid;~he plan:~ that. was rejecters, in the Conference:Commit~ee:had no split.precincts, a- Straighter line and seemed to make more sense. He said that the variance from ideal was approximately 250 people, which is within fiveone-hundreds of one percent, and woul'dbeconsidered ~to be fairly:accurate. He wenton~.to'.say that theGeneral AsSembly submitted its plan'to the Governor's.Office which is in the process of developing ihs own amendments. The Governor's Office received, various requests'from:legislators, including another onefromSenatorMichie.;"-Mr, Heilman then' described Senator Michie's second plan which has no split precincts and only splits'two magisterial districts'.which are the'Rivanna and Jack Jouett districts. He noted thai-the varianceideal is approximately 350 people.:. He'said, that~there have been various other, plans, including a third plan thatSenatorMichie submitted to the Governors Office that he' has,not shown:',today. Mr.. ~eilman stated that he (Mr. Hei, lman) has develqped-various.scenarios thatcould be used in changing the.lines~' He' said-that all of these-, typesof:changes invotves~itching precincts around' between theFifth andSeventh Congressional Districts., He does not'know if this'.would becOnsidered as a'technical amendment'. He informed the Supervisors that the Albemarle County Electoral Board met this morning to consider the'issuesand votedto recommend doing~whatever is necessaryto, avoid split precincts,. He added'that':the Electoral,Boardwould like for this to'be'done as simply as possible t0~avoid disruption in the mindSof the voters.. The Electoral Board!did not wish to, propose a specific alternative plan' because it did not think'that.it was theElectoral-Board's role toget-.involved in the political area of"redrawing lines, Mr, i, Heitman then-told ~the Supervisors:thatthe time frame~ for making .changes-isvery short because January 15 is'the deadline for draft legislation reta%i~e'to~technical January 8, 1992 (Regular Night Meeting) (Page 9) 296 amendments in the General Assembly. He said that Delegate Van Yahres has already expressed an interest in proposing some type of an amendment based on what he feels would be reasonable and what this Board and the Electoral Board think would be reasonable. He has not heard from Senator Robb's office or Delegate Way's office on this issue. He stated that if technical amendments are not introduced or approved then he (Mr. Heilman) will have to come back at a later date to see how this Board would like to deal With the issues of moving people into the Branchlands precinct or creating a separate precinct, etc. He commented that the other issue deals with the split precinct that was created by the House of Delegates last year. He noted that there are several localities that are introducing technical amendments ~to?' tr¥.~to 'C~ange,~.those lines. He pointed out that this iS'possible if the Supervisors are interested in changing the split precinct lines in the Ivy District. ~ Mr. Bowerman asked if Mr. Heilman needs directions .from'this :Board~ ..',Mrs. Heilman responded that if the SUpervisors~.want,to make~ a specific recom-~ · mendation relating to a. different line,~ such as' one of the,Michie~plans, it would probably be helpful to Delegate Van Yahres or others in developing draft legislation. Mr. Heilman stated that, otherwise, if it is this Board's desire, he (Mr. Heilman) can go. to the ,delegation and ~say'that this Board feels strongly that the split precincts should be handled' in the best manner possible. He pointed out that this,Board can do nothing, or itcan make".a ~ statement similar, to that of'the Electoral Board, or. it can propose~ its' own boundary line and have a legislator introduce that line. · .. Mr. Bowermanstated that if this Board is going to,make, its own recommen- dationor its own line, then this Board needs to look more'~closely, at issue...He~noted that January 15 is the deadline for submitting draft legisla- tion,.-Mr. Heilman remarked .that thisis a problem. ..He pointed out that he did not. realize Until,he received.a~phone Call last~Thursday eveningthabthe deadtine~o~.draft~ legislation,was JanuarylS. Mr~ .Martin~suggested that perhaps this Board should adopta resolution whichwould requestthe legislators~to help~thisBoard in eliminating the split precincts.; He said tha~the legislators~orMr~ Heilman~could ~ake, the resPonsibility forldrawing~.thedistrict lines~ Mr, Bain mentioned that he would like for the problem withthe split Ivy Precinct to.be cons±dered.~ He said that he had~hoped~that the General Assem- bly would make a correction relating to the Ivy Precinct, and that it would only b.e.a.'one.Year: situation, 'He no, ed the problem.~of~splitting v~ters between the 57th~.and 58th. District, and he said that.he would tike to take specific_a~tion'relatingto the Ivy Precinct'on January 15. He suggested that the. staff develop information for the legislators and inform'them thatthis action is going totake place. ~He~ also mentioned that ~Mr. Heilman could glove the~ legislators~any propOsals'that he might~ have~ concerning the Ivy Precinct. He went om to say that the Board could be broad based in its stand on the congressional aspects. ~Mr~ Bowerman asked if~.,all recommendations hav,e to be submitted by ~anuary 1,5',~' Mr-.?.Heilman-.replied tl~a~ 5:00 p~m~ one'January 15~is the deadline for all of the draft legislation to go to the Division'of Legislative Services. ~' Mrs. Humphris~wondered, if the Board, does.~notact until~ January?iS, what needsto be done to. insure that the information is there by 5:0~ p.m. on that date Mr.. Heilman responded that the ~Bo~rd coutddelegate the~hob to staff of developing~.a plan instead of~a statement.. He also mentioned that. a working committee~could be-established and the Board could delegate to.,tha~ committee the authority to,~presenta certain plan before J.anuary 15. . M~., Bowerman,commented~that this Board would.have time to ratify .aplan on the-morning of January 15.~ He asked if anyone wanted to participate in developing aplan~with staff and Mr. Heilman.~ Mrs.: Humphris:-stated'that she:does not thinka committee, should be~neces~ sary.becaUseMr. Martin:.and_Mr. Bain have'alreadY'verbalized .the.consensus of the Board~:~. She askedMr. Bain to elaborate on hismcomments,.and thestaff could be so directed~ 297 January 8, 1992 (Regular Night Meeting) (Page 10) Mr. Bain stated that the issue does not affect the magisterial districts except within the precincts. He noted that approximately 330 people vote within the split precinct, and he suspects that there is a 75 percent turnout of voters. He said that this is not a significant number between two legisla- tive districts at the State level. He stated that he would direct the staff to work with Mr. Heilman in getting the necessary information to the legisla- tors, specifically relating to the Ivy split precinct which involves the 57th and 58th Delegates District. Mr. Martin suggested that general information should be given to the legislators regarding the congressional districts. Several Board members agreed. ~ Mrs~ Humphris commented that a simple statement is all that is needed. Mr. Tucker stated that the Board could decide on a statement this evening relating to, eliminating the~splitprecincts. He, added Chat this.inf0rmation~ couldthenbe delivered to the' appropriate~officeby~tomorrow, and~there would only be one issue left,for this Board to consider. Mr~ Bowerman said~that this is acceptable"to him. Mr. Heilman~askedif he is~correct in assumingthat this Board:does not. want .to develop an alter- nato line acrosSthe County forthe congressional districts to present to the delegation, Mr. Martin responded that at,this late date the!~,Board,witl~have.to:~trust the. experts such as:Mr'. Tucker and Mrs. Heitman., He said,'that~it'isnot"a political situation, and the only problem is that the County does not want to have split Precincts._ ,He suggestedthat Mr; Tucker and Mr. Heilman develop information;for the:.Boar:d's:action, or, sendit-on' to the appropriate office as soon~as'Mr. Tucker amd Mr. Heilmanare comfortable with it .... Mr,, Perkins commented that~there-are "experts!! in Richmond,~too, ~ut ,they have made,a mockery Of .the whole'situation,~so he doesn't think there is any. need for this Board to try :to straighten it out. -Mr~,'Bowerman'~stated.~that it,seems to be the consensus of the~ Boardthat Mr:..~Heilman~ and.staff, develop the:..recommendations and present themto this- Board'next week. He said that the information will include recommendations for the legislative district and the split precincts. He said that no motion was necessary. He'thanked Mr. Heilman for, his presentation. '',,--. ~'- Next, Mr. Bowerman explained that the next three items are all requested to~ bedeferred. Mr~ Bowerman ~stated~that three ~separate motions and votes are needed~ . Agenda Item No. 6. ZTA~9t-05,. Public Hearing On an amendment to' Section 5'~6. 2.o£ the Albemarle County. Zoning Ordinance,' Conditions of'.approval for~' Mobile Homes on Individual Lots: hythe 'addition thereto of a subsection "f" reading: "No rental t° be made of the mobile home, the same to be occupied by the' owner",of the land on. which, the'mobile home is located, or hy a.lineal relative or bona fide-agricultural employee of. the,~ owner,"~: (Deferred from September-' 4,:~ 1991 .')~ .... At'.this. time, motion'was offered,' by Mr. Bain~': seconded by Mrs. Humphris, to defer ZTA-91-05 to April 1~ 1992.,-,until the Housing Committee's report can be' completed. . Roll was called, and ,the motion carried, by the. fol'lowing~ recorded..vote: AYES: Mr. Bain, Mr. Bowerman,-Mrs. Humphris, Messrs. Marshall, Martin and _ Perkins ...... NAYS: , None-. · . - , . , · Agenda_Item No~ 7. ~ SP-91-39.- Willie Mae Hoover~ Public Hearing. on a request, to-amend SP-88~86 in: order to~ permit: rental,of a single-wide,mObile home.,on~-5.0 ac. zoned RA. Property on pvt rd on W side of Rt 20 approx 2.7. mi S of Rt 742. TM102,PtE. Scottsville Dist. (Deferred from September 4, 1991. ): ....... January 8, 1992 (Regular Night Meeting) (Page 11) 298 Motion was then offered by Mr. Humphris, seconded by Mr. Marshall, to defer SP-91-39 until April 15, 1992, at the request of staff, until the Housing Committee's report can be completed. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and Perkins. None. Agenda Item No. 8. SP-91-41. Gilford & Rachel Crawford. Public Hearing on a request to amend SP-91-15 in order to permit rental of a single-wide mobil~-h~ome~o~i~2~Q~.:ac~zo~ed~.RA.~pro~perty on N side of Rt 776 approx 3/10 mi W of.:Rt 6~4. TM18,P8J. White Hall Dist. (Deferred from September 4, 1991.) Next, motio~:w.as:'offere~'by~Mrs~-Humphris%~seconded-by'Mr-:Mmrtin, to defer SP-91.-41 until April 15, 1992, at the =equest o'f staff, until the Housing Committee's report can be completed. Roll was called,, a. nd-the~motion carried by the following recorded vote: AYES: NAYS: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and Perkins. None. Agenda Item No. 9. Public Hearing: To receive comments on theappoint-_ ment of,members torepresent the Rivanna, Scottsville and White Hall Dis- tricts., and the member~at~large on'the AlbemarleCounty School Board. (Adver- tised in the Dai!~ Progress on December 24, and December 31, 1991.) Mrs, Bowerman explainedlthat comments~on.appointmentsof members>~to the School Board will be taken bymagiSterialdistricts -in alphabetical order, and then~comments~ on-the at.-large~member ~ill-be taken.,:~e asked~ theSupervisor~ fromeach magisterial ~district.to read the names of those people who applied for their magisterial district appointment. He stated that any of those ~andidates,i~by magisterial district, who wished, to speakcould do~so~ He~said that next~any member of the public who wished to speak on the candidates' behalf Or-in opposition may do so. He asked Mr. Martin to read the names of the candidates from the Rivanna District. Mr..Martin stated that~the-candidates~forthe School Board from the RiVanna District~are: .Mr~?eaRar Little, Mr. Gregg E. Newschwander.~and~'Mrs.' Sharon Wood.. ' : Mr. Bowerman .asked--if:'anyof the-candidates~from the Rivanna District~ wished tospeak, at thi.s time. Mr.~Peadar'Little indicated that he would like to speak, andhe offers~ his name as a candidate for the School Board for theRivanna District. He addedlthat he has<met with Mr..Martin,~and-hehas been a resident of the County for fifteen~years. He~also.has'three~children'intheAlbemarteCounty Schootsi~ He has'been active on-the SchoolImprovement Program at, Stone~Robin- son Elemen.tary School, and he recognizes and applauds the quality of education available in this County. He said that the objective ofhis candidacy is to insure that the quality ism aintained, if not. enhanced. He is particularly concerned~.that quality might be .under attack inthecoming, years due to budget .Constraints, and it~,would be his objective as a~School Board member, to try~to ensurethat quality is maintained under the duress of budget cuts, He under- stands in talking to the Supervisor from the Rivanna District that he has the desire~.to, setectamember based'onexperienceon the. School Board inorder to ensure nontinuityofthe operation of the School Board. He is disappointed in thatcriterion for selection, but he,understands the desirability of it. He thin~s that'.the .longer. term'objectives~of quality and concern about' the'educa- tionalfuture or'the students of this. County is paramount and should be given a..higher~priority inthis decision. He thanked the Board .for'its time~- MrS. Sharon Wood was the~next School Board candidate.toe,speak from the Rivanna'District. She stated that she feels that her four years plus of experience have been very beneficial-and more valuable.than she could possibly January 8, 1992 (Regular Night Meeting) (Page 12) 299 express tonight within the time allowed. She is one of the senior Board mem- bers at the present time. She feels that her history and understanding of past Board actions can be very valuable to the new members on the School Board. She noted that she has been there often for the new School Board members because of her past history with the School Board and her knowledge of what has been happening during the last few years. She thinks it is very beneficial to new members, whether or not they agree with her, to be able to hear why things were done in the past. She would like the opportunity to serve her community and the children of Albemarle County for another four years. No one else came forward to speak from the Rivanna District. At this time, Mr. Bowerman asked Mr. Marshall to read the names of the ~School:.Board. candidates'~'from~ltheScottsville.~District. ~ Mr·. Marshall stated~that he-was reading the names of five applicants for the Scottsville District~ School Board position-in no part.icular orders-, They are: Dr..¥aldrieWalker, Mr. Roger Ward, Mr..George%Landrith, Mr.~illiam~S. Mallory~ andMr~~ Gerald Alten~Strand~ Mr. Bowerman~asked if any of these peoplewished-to speak.. No one'came for-ward~. -~ Mr. Bowerman then asked if anyone wished to speak on any of the nominees' behalf. Mr. Roger Wood stated that he has worked with Mr. Roger Ward for over ten years in alarge~manufacturing firm.in the southern part of the~County. ~He notedthat~,in order,to distinguish between ~imself~and RogerWard, some ~f.the workers in the manufacturing firm have referred to Roger,Wardas "Little Roger"~andRoger Wood_as "Big Roger," He saidthat,he had never talked-before a group 'suchas this One before,~which he, said was probably evident He added that he would give~reasons~why, Roger~Ward should-~e ~reappointedas,,'a, School Board~member.-- He sai~ that one .critical point is Mr. Ward's concern for youth. He stated that Mr. Ward has two children in the County schools, and,he has been activeand verylimportant to. the people in thesouthside of the County in addressing the "at-risk" children, He noted that Mr. Wood has had some responsibility for having a computer network installed in the souther~ elementary,schools~ and at Walton~Middle School., Another~critical area, ac'cording to Mr. Wood, is the degree 'of parental involvement relating to a School Board member. He thinks that it is important to have the parents there. He said that~heis unsureif the Supervisors have received phone.calls or-letters in support of Mr,~Ward. He added thatthe parentswith,whom he,is familiar Support~Mr. Ward. He pointed outthat he (Mr.~ Wood) has lived in the Scottsville,area-for--40 years, but recentlymoved near Charlottesville~ Mr. Wood mentioned a particular problem that he hadin addressing school, adminis~ tration.~e saidi'that Mr.-Ward was very responsivewithout mentioning Mr,~ · Wood's name or his children!s names to'administrators.-, He went on tosay~that Mr.. Ward allowsfor parental-involvement, as well as keeping the youth in mind at the same time, and.Mr. Wood thinks'that this is very important..Mr. Wood~'~ believes that Mr. Ward has served asa successful interface-between ~dminis- tzation and parents. He said that he knows there have been administration changes atthe Scottsville'~lementary School,.even though.he'did nothavea child-enrolled there at the time~ He thinks that~itis importantnotto be afraid to change things and that a School Board member'be willing not to always be-satisfied with the'status quo. ,Another~thing that fs important to Mr.'Wood~ is~the.'conservativeapp~oach, mndhethinks that~Mr. Ward fits-this, criteria. Henoted',that Mr. Ward, wants~ to,know what the County is getting for its-dollar, and he-pointe~ outthatthe School System's~budget~takes up a~large part of the. County b~dget~ He won- dered when programs'~areconsidered and evaluations are done, if measurement systems are in place, to ascertain, how themoney is~being-spent. thinks thatMr,. Ward's conservatism shows up in some of~ the, issues of family~ life, curriculum, He Said that this issue coUld have gone,in-'several, different directions,?and,~could~ha~e been~more liberal than it was. ~.Headdedthat~Mr. Ward and other Board members, influenced the family life~curriculum~Mr~ Wood stated that the' public alwayswants to-kno~ who'is responsiblefor his~or her 3OO January 8, 1992 (Regular Night Meeting) (Page 13) children in the School System. He said that this person has to have personal attributes, and Mr. Ward has a strongwork ethic. He added that Mr. Ward has to come to work early and has worked late in order to fulfill his School Board obligations. He noted that Mr. Ward has a high degree of professionalism and is well versed in budget management and has become more versed in school administration matters as he gains experience as a member of the School Board. He also thinks that Mr. Ward's expectations of himself are important. He said that he expects a lot of himself and others in an organization, and he has the tendency to lift up the organization's expectations. He then asked the Supervisors to consider these points that he has just mentioned and to reap- point Roger Ward to the School Board. ~':~.~,Mr.~ Bowerman stated that it is not necessary to address only comments for or against individuals. He explained that comments can also be addressed regarding characteristics or'criteria.that~a person'wo~ld!.like~_to~be included for a,,School Board representative. He, nextasked ill. there were, any more comments concerning theRivannaor Scottsville School Board positions~ ~ No one else: wished to speak, so Mr. Bowermanasked Mr~,~Perkins~toread the .names of the people seeking a School Board positionfrom the White, Hall'~ District. .... ~ ' Mr.. Perkins read the names of {he five applicants, as follows:. Mr. Bill Finley, Mr. John Hoza, Mr. Keith Johnson, Mr. Mike Marshall a~d Mr~ Nell Snyder. Mr. Bowerman~asked if any .of the.'five applicants wished to speak. ..Mr, Bill Finley remarked~that'~he feels as though he is'qualified~to serve another':fouryears'on the S'chooll.Boardbecaus~,he has.the educational~'back~r' grounders. He explained.that he has-taught in two.Virginia uni~ersities,~.-has seven.to eight years of attendance at three universities and.has s~rved on the PTA. He noted that he is a graduate 'of the Albemarle County School System. Mr. Finley-~next-spokeabout .the concept, and. basedit:on.a story about a young man who..is~ approximatelythe same ageas his own middle School.aged.boy at ~entey. Mr. Finley went 'on with the story by saying that the boy increased in wisdom and .stature and favor with God and'man, and a few years later when he became~ a man~ his-father looked onhim and said, "This is my~beloved'son~ whom I .amwell pleased.''~ He-commentedthat'he is sure-that every father and mother in Albemarle County would like to be' able to'say that about their child. He said that he is interested in surviving as a family, community, state,and nation. He addedthat a nation, and an.empire:have collapsed very recently, and the empire only lasted 70 years because it was founded on materialism, atheism andsecular concepts; He wants,his son and the~other sons',and daughters in Albemarle County to have the mental training so.that they can make a living and can,function in.the work.~place, inthe .home or~ wherever they are..,:He, also'wants:them to"~e physically.strong,, and: hethinks. the educationalprocess should provide an:environment and,alsoa program.-.that contributes-to-the physical development and well~being of Albemarle.County's:.., children. He.~wantsthe County.children to be socially~compatible, and he thinks,the educational system should provide citizenshipvatues.and.the necessary, training so they-can function socially inthe community. Mr. Finley then'talked about the spiritual side,of a child's'development'.~ He. said' that this great, empire that Collapsed did-not believe'that man-cannot liveby bread alone, and. now the people in. this great empire have no bread. He, thinks that it is also important to provide the Children with somebackground, and~base with whieh..to~.help them function in this very complex society,. As a,School Board member, he would'try to keep~his'ears up.and his voice down'in all of theseareas. He will try to make a: contribut~ion~ tothis communitythat.would help the ~community tD produce good, well-balanced, stable citizens who'.can help the community,~ state and .the.nation to livelonger~ than70 year.s, and to carryon under the concepts and:principles:uponwhich'the nation'wasfounde~ He. said that this is-his reason~ and purpose to want to serve.a~ain on the School Board. He,'thanked the Supervisors~for their consideration. Mr;-Keith.Oohnson noted.that.his voice is weak because he has a cold~ but his desire to serve on the School Board is. strong. He has spoken, to'Mr Perkinsfor approximately two' hours'.On this topic, and Mrs. Perkins is: familiar with his~background~..Mr. Johnson?believes.that this decadewill be. thedecade January 8, 1992 (Regular Night Meeting) (Page 14) 301 of fiscal conservatism and fiscal responsibility. He said that if the people are going to ask the government to find a way to make every dollar work to ensure the government is effective, he believes that the government should strive to take what it can from society, but not one dollar more, so that dollar can help people buy shirts and shoes, and help the economy. He thinks that government can be effective and can achieve those goals that are set forth. He believes there are ways in this County of improving teacher self- actualization and improving the teacher/student ratios. He also believes that he can make the necessary, tough decisions that have to be made. He said that if he is chosen for this position, he will make his decisions based on what he feels is the majority opinion of the White Hall voters as long as it adheres to the Constitution. He added that if the opinion of the majority is unclear, then~he will, do the best :hecan!~to~,discern that opinion and make that decision a'S. lon§~as it adheres to the Constitution. ~ Mr~ Max,Boistic from th~Samuel~'MillerMagisteriai~District Spok~ next. Helstated thathe.had~not planned'.on~speaking at tonight,'-s,'meeting.~He noted thathe=is a student' atWestern Albemarle RighSchool,, and~he has.seen,some things that he feels should be different regarding theSchool'Board~ ~He~~ remarked that he did not think thata couple of years ago the~budget~:was being spent in~an.-effective manner:.~ He said~he does notfeel i~ is necessary~'to buy some of the things~that~the'individual schoolsbuy, and-the County-could save money if these things coul.d be gotten~,by using other means~ Hementioned that he is not a shop.student, but.he said that router bits are purchased every'~~ year and ~half to two,years. He said that the router bits only cost~$10, and he, suggested that if $30 router bits were purchased~they would-last quite,a long time. He added that the shop.teacher implied that the.moreexpensive..~~ router,.bits, Would.~probably iast'as long as the shop,teacher would be. teaching there~ ~He said that~this~ is not much of a savings, but it is one example. He next mentioned a Xerox machine that is located at Western Albemarle High School~- He.said~that~there. is~a~computerizedcard which is a, credit~aar.d~,~He ~dded-that,moneyispaid, for this card, and the~card is put ~into~a slot of ~he Xerox, machine.when someone'wantstouse the' machine. He',does not thick,that this.~is a~very important-addition to"the school.~ He said~that even though it may_take some of ~the librarian's,~ime when she has to makechange for the Xerox machine, he'has observed.'that making change isnot~very ~ime consuming'~' for. the tibrarian~ He"also noted that social classes tend~ to~e separated, and-most people don't do much~integrating as farms economic classes, are concerned. He.thinks that. it~would be a~valuabte thing, to try to have more integrationin the-social classes because he has found it to be.~a prob- lem.. ~ ~. ' Nextto,,speak~was,:Mr';'MarshallChase. He stated"that he.isa third grade teacher at Stony:Point.Elementary,School, andhe~is a resident of the White Hall district; Hesaid that he, wanted to make some general comments' that he, asa--teacher', would: like-to see in~ a, SChool-Board member,. He went on, tosay,~- that.~he~would: like. to see School,. Board members,with~positive:-attitudes, 1-He~ thinks? that~ School Board~members are-needed,who are optimistic,about the, future, notonly about education,, but'about.their own lives andthe future of the world.':"He thinks-that, pessimists have no place in, education where it is the businessto:~create-a-brightfuture, He, said'that the best~candidates"will also have a, stake, in;the future of this community andits~schools, and they should'exemplify this confidence byhaVing their children enrolledin the schools in.-.which they. govern. He added that the, teacherS.hope and pray that thenew School Board members will be openminded, and..will lend an ear,to innovation and support the many positive directions that education has already taken in Albemarle, County. He' asked the Supervisors to choose someone who considers herself-or, himself to.be~a life long learner.,.,He stated that'this'~,, is a person,who might' take a. classthrough, adult education.. He said~ that School~Board candidates could be, asked if they would read a book. or'-an..edito~ rial evenlif they disagreed with its contents,. He, added, that School,Board:,- candidates',could also he asked.if,they would go..a,step, furtherand~defendi!the r~ghts or,stUdents to'bor~owthat book or, editorial from their, school library. He is.,hoping for forward,thinking School Board-members.:~.He said that teachers believe', in school'reforms, not reform schools. - .. Mr. Chase went ontosaythat potential candidateswho'think'that the solutions, to the problemsaremore testing and more homework-and less ar~, music and, physical edu-¢ation and the. returnto, "the~waythings,were~in the good old'days,'' are. candidates,who' don't see'.the whole:picture,~:and,would not 302 January 8, 1992 (Regular Night Meeting) (Page 15) be ideal candidates. He pointed out that in "the good old days" learning disabled students were called, "dummies," physically disabled or mentally handicapped students were in special schools, institutions or hidden. He stated that in "the good old days" a smaller percentage of the population was literate, few people went to college, and jobs could be found that did not require as much academic training as they do today. He added that the demands on the school system are greater today than ever, teachers are the first line of defense for the emotionally and physically battered and neglected children of families with chemical dependencies, and more and more teachers are called on to perform parenting roles. He said that the newest School Board members should understand the scope and depth of the teacher's job which is to educate free thinking individuals. He stated that the new School Board members should know~t-ha~ although~JaPanese~students out-perform American students in math, Japanese, professors of education come here to learn how America makes free thinking, creative students. Mr, Chase~remarked.,that th~e:best~candidate~f°r~'the School,Board values the professional role of the teacher. HeSaidthat,anyone who~thinks that teachers work part-time for~full-time wages should go home. He,added that someone once said to him that teachers are ,so luckybecause~they do.not work in the sum~ner. He laughed and told that person that he waslucky because~he gets' to be at homeonweek nights. He pointed,out that the success~of, a School Board.member knows that teachers are under~ valued by the public image and also by the salary scale, and~the School Board member willdosomething.,to enhance both~ In conclusion', Mr~. Chase. stated.that a School Board member shoUld.be someone who~Will say.!'no" t0-.the Boardlof Supervisors should it becomeneces- sary. He said that School Board members' first loyalty should be to the children of'this County, rather than to its budget or its authors. He thanked the Supervisors for the opportunity to speak. ~ · , Next, Mr. ¥incent Lydle toad~ the SUpervisors that-he is a resident of Ear.lysville, and he has been-an~Albemarle~'County resident for..approximatelyl2 years.. He has a third grade~chitd attending, BroadusWood and,another~child'in preschool who will bestazting kindergarten next year at Broadus Wood_. He ,statedthat he wanted tospeakon be~alf~of Keith Johnson', who isa fellow employee ~f'~his~at GE-Fanuc. He"added that he has'dailY contact withMr, Johnson and has traveled with him on.~busineSs!-trips. Hehas. seen Mr Johnson in! positions with customers, and he knows that he is very open, civic minded, articulate and energetic. He would entrust and believe that Mr. Johnson could improve, the~qual~ity of~education~-deliveredto, his two~s,ons.' Mr.,,Lydle stated that.,hewoul'd atso~tike~ to take'~the opportunity to.say just a fewwordsabout Mr'. Finley, Who is another School-Board candidate~ He had,one opportunity to listen~to Mr. Finley when Mr~ Finley was invited to a PTO meeting at Broadus~ Wood~ He said that there were,at least 200 people present, and he was invited to speak on the meals tax issue. Mr. Lydle stated that Mr. Finleypresented an amazingly unprepared., uninformed and inarticulate presentation.,~ He be- lieves~the,role ofthe School Board member should beto,inform, express~and convey to. the parents issues of vitat, concern~-tothem. He does' nOt believe that~ Mr. Finley fulfills~'thatrole, ,and this isanother reason,for wanting someone else other than Mr. Finley to be appointed to the School Board.. He believes that Mr~ Johnson is a very"good candidate. He thanked the Board for the' opportunity to,speak. Mr. Bowerman~asked if there.wereany others who wished tospeak~concernr ing~the magisterial district~School. Board candidates.~There was anegative, response.~He then remindedthe group that~Virginialaw, requires that',the~ names of applicants-be presented at a public hearing at least,one~eek before the actual~.appointment~is made bY'the,Supervisors.. He Said the, decision will be made on-January 15, 1992~ ~,~ Next, Mr. Bowerman stated that~ ~he Board. would listen to comments~relatv ing to the-at'large School Boardmember position. He said the'applicants~are: Ms.~Carolyn P. Grove, Mr., Michael~J.~Marshall, Mr. George,C. Landrith, III, Mr~ Keith Edmund~ Johnson, Mrl Julian~M. Bivins, Jr., Mr. Nell Snyder and Mr. Kenneth Diepold. Heasked if any. of. theses, nominees wish to~speak~ 303 January 8, 1992 (Regular Night Meeting) (Page 16) Mr. Nell Snyder stated that he is a candidate for the School Board at-large position. He said that he has two daughters -- one is a student at Western Albemarle High School and both children have attended Brownsville Elementary School. He stated that he is a professor at the University of _ Virginia, McIntire School of Commerce, and his areas are strategy, leadership and entrepreneurship. He served on Albemarle County's blue ribbon commission on education which completed its work last year and submitted its report in February. He has served for the past several years with the Virginia Chamber of Commerce Education Committee. He would like very much to serve on the School Board, and he thinks he can bring some of the knowledge he has in the various areas in which he does research, writing and teaching to that Board. He thinks this will be very helpful to the County. He thanked the Board for its_tim~ ~ Mr. Julian Bivins spoke next. He said that as he discussed his desire to be on.the SChool Board with members of the~community, several peopleasked him if he had children, deadded that heand hiswife do not have children. He said that people were surprise~.why~amember~'of the community,~without any children in the system, would want to take on such a largeand~important task. de went on to, say that~he had a quick and'easy response-to these~commenHs~ - because the school system that is in.Albemarle County'and the students.that havegone through that system are an indication ofthehealth of this communi- ty.: de said_ that the students are the barometer~that lets other people know that.this isa human, caring and creative society, de added that wanting to live in a community such as this is not limited to individuals with children, He noted.that the County does a good job in preparing young people to go. on to universities~and colleges throughout the United States. -de said tha.t the County:also needs-to do a-good.job inhelping students who decide that they do not want to go straight on to college, but Who want to open small businesses and want to be caterers or, join local~firms. !He went on' to say that ~these types of people stay in.Charlottesville and.Albemarle County, and those are~. thepeople who need nurturing, creative thinking andwho need a community to stand behind~them..de'believeS that~his background asan'attorney and an economist and someone who.does.international trading willbring~g fresh approach to the School Boa~d~ de thinks that~.hewill, be able'to look'at~ issues confronting the School Board:~and helpto'~puttogether and-maintain;a.~ strong educational System for ~he 21st century:, de~ noted that becaUSe he-does not have. any children, he~:has'-a,~lot~o~time, de Concluded by saying that~ hopefully, the Board witl'see~theseas characteristios that will-help it~make a:decision~.'deHhanked the Board:lot'?its time'. Mri. George:Landrithspoke· nextl He told theSupervisors that he .is a candidate for the at-largeseat on the.School Boarg. ~de wanted to let the Superwisors know that he,has a.;vested inter~st in the schools because he. has three children and afourth child, on the way. He pointed out thathe will have.children in theschool System for at least;another 18 years, and~this giveshi~ the incentive to want tone'involved, destatedthat before he filed, his applicatioh, he tookthe opportunity to talk with some'members of the S.chool:,BO~ard to determinewhat type of commitment:was involved, de'is welt~'-aware and understandscompletely that a~greatdeat'more~ isrequired than merely attendinga few meetings, on. amonthly~basis; desaid that'preparation needsto:be~made for:these meetings, Schools-need~to'be visited~, PTO meetings need~ to.beattended, committeesneed to be served upon,.-and-other.'things.need tobe d6ne., de, said that he. is'committed to: do those things, because he wants toldiligently serve~the citizens of Albemar%e~County. Mr. Landrith-called attention to an edition of. the U.S. News and World Report~ andhe pointed out an articleentitled, "The Flight from Public ' Schools," de said that:the report inside discusses the fact that a lot of~ parents aredisemchanted with public schools because they feel as though'~he schools are, not~ responsive to their concerns and._needs, deadded thatthis troubled/him, but~'he does n~oH think that this needs tobe the case.~ He believes that theSchool Board' should represent.the citizens of the _County and notget~'caught upin representing solely certain~interests.~.de commentedthat if he.was-appointed t.o the School Board, he'~wouldtake seriously the~responsi- bitity ofrepresenting the citizens. "He would~not, ju'st listen when:_he is called, but hewould make a point~:of activelytrying toobtain the personS~ wiews and understand their-concerns~ He state~thathe willattend~PTO' meetings and will,welcome the~opportunity to attend forums where educa~ion~- . would.be discussed., de believes that this~is'important, and he firmly January 8, 1992 (Regular Night Meeting) (Page 17) 304 believes that the parents whose children are educated in the County schools and whose tax dollars the County schools spend deserve and want to be heard. He will hear them and will respond to them. He pointed out that, as an attorney, he has the ability to gather facts, analyze them and to consider them from various points of view. He said that this information could then be used to formulate a response that will meet the needs of all of the parties involved. He is committed to working with others to guarantee that the County's educational system provides the very best that education has to provide. He believes that the coming challenges that exist can be met, and he believes that all of the County's youth can be provided with an excellent education that will prepare them for a bright future. He noted that because of his commitment to the citizens of this County and to the youth and to their education, he,~wants~to~be~a~part~.,of~that process. He hopes that he can count on, thiS Board's support. Mr~ Mike Ma~shail stated-that:ho'is the ed.itor~of-Inside'UVA-~at~.the'~i- University~f ¥irginia.~' Hesaid that hispositionhas allowed_him to be~.~ around a' lot of~ educational~'decision,making, but not~'necessarily atthe public school~level. He has, however, picked up some information aboUt~howpublic schools operate~ what their products~are and howtheir,products are seen by the universities~ Hehasalso learned something abouthow School administra- tiongenerally works. He is married to the. Chairman of the Emglish Department at,Western Albemarle High School, Lisa Marshall. He said that.hiswife has beenteaching at Western for fourteen years-, and he~ has fourteen years of talk aroundthe~dinner table, aboutthe life or,teachers. He has lots of anecdotal information relating, to~teachers. He has two daughtersat CrozetElementary School and athird child who will probably also go there. He does not think.~ the School System. or,~the.SchooI Board, can solve the social, problems that are being.presented tothe schools, and he does not think they should try to do that. He stated that the problem that the School Board can address is class size..~,He~s'a,id tha~e, lass, size is,~getting'out ofcontrOl.~He added that if children 'are giventhe~chance to learn, they have to'be'~givenanop~imum environment where~there is a likelihood they will' §or, personal attention.~He,~ stated that,teachershave robe given~classeswhere~they~witl~be §ivem'a~ chance~to work with each student. In the~elementary school, he believes that aclass of 18 children~is a good size, although it~may be possible,,~o~wOrk well with 20 students. In themiddle school, Mr~Marshall,'thinks that 20 students~is a good middle class size, and pOssibly 22students could be handled.in'one classroom. Mr. Marshall continued'by saying thata goodhigh school class would have 22~ minimum students,.and a maximum of'26 studemts He said-that these levelsarenot being~ sustained now. ' Mr~Marshalt.said-~that if~he'was on the School Board and the.-question'was presented.~tohimas..to whether or not~router~ bits should be eliminated~inlthe shop as a budget savings, he would, ask how this would affect class size~ If Mr~'Marshall was' asked if.the Superintendent's salaryshould be raised,~he would ask~how this would affect class size~ If the. question' was raise~as to whether, or not a'roof'should be~.~put on a building,~ he would,askhow this would affect class sizA.. If he was asked~whether'or not, condoms .should be handed out in the high schools, he would answer by asking how this.~wouldaffect class size~.-~He went on to saythat if he is appointed'to the School Board., the CoUntywill be getting someone who"will, want to make the class~sizethe'right size~. He thinks~that~this is just about all that'the School Board Can effec- tively manage. ~ .'~' ~ Mrs. Carolyn (Lyn) Grove was the.next.speaker. She said' that she has two children at Albemarle HighSchool, and spent the two months prior to Novem- ber 5,~.,1991,.as.KayStaughter!s'driver.~ She remarked~that~from~the Department of Defense dictionary, of'military and associated~terms~ public'informationis defined as follows: "Information of~a military nature~ the dissemination of which through public.news media'isnotinconsistent with security.~and'the~ release-of which~isconsidered desirable orl non-objectionable to the~responsi- bt~ releasing agency," She said that, inother words, "What you don't know, won't~hurt us." She statedthat~schools are en~couraged to develop~in'students such critical thinking'and questioning ~skitlsas, analysis-, synthesis and evaluation.... She~ commented~ however, that. in dealing with thequestioning of policies, she is particularly concerned about thetendency of Albemarle County's. faaulty and. administrators to attempt'to defendpolicies.and atti- tudeswhich may be, at best, out of date,, and, at worst, totally wrong~ She stated that there is a tendency towards secrecy which encourages the 3O5 January 8, 1992 (Regular Night Meeting) (Page 18) publication only of information considered desirable or non-objectionable. She went on to say that the policy of sight-based management resulted in a laissez faire attitude of doing as one pleases. She said that examples of this kind of thinking abound. Mrs. Grove noted that the Guidance Office sidesteps questions regarding national qualifications for admission to various honor societies. She added that a transfer student from another school district is prevented from member- ship in the local chapter of the National Honor Society even though he was already a member at his previous school. She went on to say that a summer school physical education class is poorly taught and students unfairly evalu- ated. She said that information given to students and parents regarding course selection and its effectl'~on college admission is inadequate. She p~inted out an article in the November 6, 1990, issue of The Daily Progress which warns that students are failing because, "We're biased against brains." ShY'stated that. for a, variety of convolutedreasons, thisnation is~anti~ intellectual to the.core and every child~who is told to stay in school knows it. She noted thatunlike in Germany~ Japan or Singapore where academic excellenceis notbnly respected, but expected, young people know that it is not "cool" to be bright in America. She said that the irony is that this country was founded by intellectuals, and'the Constitution was-written.~by a. man enlightened by the top thinkers of theday~ She-added that~nowhere~can] better evidence of this attitudebe found than in the AlbemarteConnty schools. She believes that'the County schools a~e in danger of following the same path 'as the Plainfield,~Indiana~ middle'schoolwhich-has decided that no student who has applied to be in a club or on a team will ever be cut~ She quoted Richard Cohen of'The'Washington Post assaying', !'This is the Confusing~equalitY~'of,.oppor~unity~ We can all try outfor the team. ~With equality-of result, we all make.the-team." She went.on to saythat although Albemarle~ Countyhas no'suchqUalms about selectivity for athletic_teams, the County~schools~believe that programs aimed at. bright students are elitist and should, be~either-eliminated or open to everyone. - On,the otherhand, Mrsf Grove stated .that pro'grams-for at, risk students aboUnd, with.money somehow available for small classes and teachersready to give special attention. She~said.:.that.sUch things' seemunnecessary:for:bright students~'Who are expectedto~get~ along on'..their' own.~ She commented~that.the b~ightest Students arei:among themost, at risk. She remarked that. if Thomas Jefferson,"Jam~s~Madison~ and~the rest of'the founding fathers'had..the same . reluctance.~to~questionauthority.that is. encouraged by the,'tocalschoot administrators~ the United States might not exists. She~pointed. out~ that the unwillingness to respond'violates.the sCho.olboard's own requirementthat administrators deal openly with the public. Shesaid thatas a member of the Albemarle. County'School, Board, she~would be in a better position.to question, probe, evaluate and even.formulate~school'policy. Moreimportantty, Mrs, Grove'said that she.would be in a position to defend the rights of'Albemarle County studentsto' an education that challenges their capabilities, regardless of their level ofdevelopment. In conclusion, she quoted Thomas Jefferson as saying, "There is nothing more unequal than equal:treatment of unequal Peo- ple.'' - Mrs, MarthaWood.next-informedthe.'Board that, asa-teacher.at Walton.~ the Albemarle Education Association-s~EXecutive MiddleSchool and'a.member-.of ' Committee, she'would,makegene~al con~nents--about.characteristics'of'~school board~members. She believes that aschool.boardmemberneeds.:to beconcerned for the'needs'of~all.lof the children and.to realize that many of-the:Children in the County's school'system are not represented by those people who come to speak~at~school~'boardmeetings. She pointed out that these children are the silent~majority or.~the unrepresented majority in many.cases; She.hopes that the person,.that is selected to.serve on the school board will. knOw about these children and willbe willing to represent their concerns in light of what, appears:to'-be."a great, deal of interest in other areas. She believes that. a . member of the school board should follow in the footsteps of previous.school boardmembers who have taken'the time to study-the situationin Albemarle County. She thinks that these school board members should get into the schools as oftenas possible, even though she realizes that school board members'have other jobs, She'.hopes that school board members will-meetwith groups that are representativeof the. children., administration, parents,.:and of~theemployees. She said.that, the school system has had this kind of. relationship in the past withmembers of the school board, and she thinksthat 306 January 8, 1992 (Regular Night Meeting) (Page 19) it is very important that it be continued, and probably expanded. She be- lieves that a member of the school board must be willing to stand up for the needs of the school system even when such positions are not popular. Even though this is very difficult to do, there is precedence for it in this County. Mrs. Wood said she has attended school board meetings with considerable regularity over the last seven and one-half years, and she can speak from experience. She noted that the County is heading for tough times, and the school board needs members who are willing to fight for and articulate for the needs of all of the children and for the needs of the employees of the school system. She does not think that the employees should be overlooked in any situation. She remarked t~hat~members Of the school board should be people who are committed to the public schools of the United States in general, and to those of Albemarle County specifically, not only by their actions, but by their personaldecisions~as well., '.She ,stated:that~ ifSchool,bo~rd m~mbers have:children who are~school age~ then those'children should~attend Albemarle Countyschools~" She believes' that members of the:school board-mustbe~commit- ted-to the Bill of Rights and the~United StatesConsti~ution, even when such commitment makes it difficult for them to take a certain position. She feels the separation of church and state is very important as a part of the Consti- tution~-~and the Bill-of Rights needs to be protected. The County needs to be careful not to allow the kinds of'things that are currently being .proposed across the country in"the reform movement to overshadow the needto defend and be committed to the. Bill of Rights. She believes that schoolboard members should reflect the cultural, racialand economic 'makeup of the community,/:and she does not envy the Board its job, in making its decision~ Shethanked'the Supervisors for their-time Next, Ms. Ruth Ann Brown, from Earlysville, told the Board that she appreciates, the decisions thatthis:Board~ill: have to.make in~filling~:the schoolboard'vacancies. She noted that thestudents~of-:Albemarte. County~an~~ their.:needs are as varied as there are schoolsinthis County, and she.hopes ~ thatthis'~election process will, take intoconside~ation the many challenges with which children are expected~to'deal today. She hopes thatwhichever_~-~ candid.ate is selected, heor she-will work to;provide the best education to equip~the,~children,'not only to goon to colle§e,~ butfo~-.life. She?thinks~ that:in some instances there is more concern as to how many childrenare going toc~l:le§e than'as to hOw many children will obtain jobs and work inthis community. She believes that the candidates need to be innovative ~o~deal with ~ther:-lackof fundsand_to-be'able-to-know which itemsare~no~'negotiable. She said that a candidate, for example, is-needed whowil.lwork ~for CA-TECso ~ha~ it will be allowed'to grow'into a complete high school in order that children who choose technical careers can be equipped in that manner. She remarked 'that the School board candidatesneedto 'understand'that thereis no such_thing as a ".throw away child." She said, that the~candidates need-to: suppo~t-'.the present efforts to educate all. of thechildren.ofAlbemarle County and should :consider ~expanding the.present program to reachthe at-risk chi-1- dren at an earlier'age, ' ~ Mrs; Borwn stated that shesupports.JulianBivins~in his candidacy for the at-large position: on .the school.board; ~She has'..found him ,to be a.hard worker~and a child advocate. She said that Mr. Bivins will provide the.Board with~a :unique and'unbiased point of view which she thinksis necessary at.this time. S~he stated.that she~ould provide~:the Supervisors with a list of people who:~:support-Mr;-Bivins', candidacy,'~'and they can 'be contacted,if ~the Super-~ ~isors have~-anydesire'to talk to them. She noted that due to thelimited time frame,, however, these people,will not speak on_Mr~.Bivins' behalf to- night. She-trusts thatthe Supervisors will give-Mr; Bivins the necessary appointment to theschool-board, and she.issure ~theSupervisors will be please.~ith his dedication, and_hard,.'w:ork.~in this. pursuit. She-aske~.for a show of hands in. Mr. Bivins' behalf {there were.about tenpeople present-~in~ support.o~ Mr. Bivins' candidacy). ...... Mr, George Gercke stated that he is a parent of a second grader at Greet Elementary ~School;-and he represents'Community. AdVocates forRespons:ible~ Education,(:CARE). He explained:~hatthis.organization is a group-or.citizens, parents, educators and voters from every magisterial districtacross the~i.~. County., and. they .take a deeply felt interest in.the children in'Albemarle Coqnty. He said that the group came, together in 'response to events and trends 3O7 January 8, 1992 (Regular Night Meeting) (Page 20) that seemed to threaten the integrity and excellence of the education that the Albemarle County school system provides its children. He commented that the hardworking and dedicated professionals who teach the students, and the Board that supports them have done an excellent job, and CARE would like to see this continued. He stated that because the members of the school board play such a vital role in the children's education, CARE thinks that who serves on the school board is crucial. He said that, given his background, CARE supports Julian Bivins. He stated that Mr. Bivins' experience, philosophy and breadth of vision are important if the Albemarle County school system is to continue its tradition of excellence or to improve. He believes that Mr. Bivins is an articulate, open-minded, thoughtful, and conscientious person, whose contribu- tions would enhance the community. On a personal note, Mr. Gercke urged the Supervisors to.fund the schoOls~Sproperly, and not to make the schools choose between'funding one vital service at the cost of another. He said that these are hard times, with budget cuts at the State level, etc., but his organiza- tion thinks it is-incumbent upon the. Board to .protect~the schools'and the children; Mr~ Robert Ramsey informed the Supervisors that he is a consumer of education in this community and he came tothis meeting to support Mr.~Neil Snyder. He pointed out.that hespent a year working closely with~Mr~Snyder on .the Schools's Blue RibbOn Commission, and he believes'-that he:and Mr;~.. Snyder share the~same agenda, which is to provide the best possible education f~r all children He feels that Mr. Snyder will bring enthusiasm.and energy to. the'school board, as he did to the Blue Ribbon Commission. -He'added that Mr. Snyder is a leader~in every respect of the;word. Mr.. Ramsey asked'the Board to. give Mr. Snyder due.c0nsideration; Ms~,Candy Lindsey.stated thatShe was present to support Mr. Julian~ Bivins as a candidate f°rthe school board.~ .She stated that as an administra- tor of ani=after-school program, she wants the Supervisors toknow that M~. Bivins has all the personal qualificationsthat she would look for in a school board member. She pointed out that she does not think Mr. Bivins would look at the.criteria of ~class size~as the~onty consideration in making~decisions, and~she, hopes the Supervisors will consider this fact~. Sinceno one else...came ~fOrward.,to speak, Mr.. Bowerman'closed~the public heari.ng~~'~ He said~that~decisions~should~be madenext.Wednesday~ He pointed~-~ Out that~Mr. Cliff Hauryhad askedhim to~let thecandidates know that there arc'four S~eats~availablein Richmondfor. the~School~Orientation Program on Thursday~.~January~16~::1992~ He. su§~es~ed~that any new members, Who ,area.not yet qualified by the'.State~attendthis meeting. ~t ·8.:45 p.m~ ~ the Board :recessed and;reconvened~at 8::57'p.m. ~ ~' ~ · Agenda Item~ No. 10. - SP-91-61. Minor Eager. Public Hearing- on ~a.~request for'~a stream crossing in the flood plain .of tributary of Buck Mtn Creek. Property on W side of Rt 60t approx 0.6 mi 'N of inters of'.Rt ~67~/60~~ :~TM7~, P3~,40&40A. White Hall Dist. (Advertised in the Daily Progress on Decem, ber 24 and December 31, 1991.) Mr~ Citimberg summarized the staff report ~as follows: . ~ "CHARACTER'OF THE AREA: ~The crossing proposed by this application is currently in' place, The .crossing was constructed in the spring of 1991 in :violation-of the Zoning Ordinance. A photograph showing the crossing is included as Attachment C (copy on file). The crossing serves an' existing dwelling located on Parcel 40., A previously approved bridge is located on this same stream near Route 601. That crossing was approved with SP~90-50, Donnie Dunn. A map showin'g the location of these two bridges is included ms Attachmen~.D (copy on ..~'~ file)~ The road which accesses the~existing dwelling crosses both ~the Dunn bridge~ and .the crossing currently'under review.~ APPLICANT'S'PROPOSAL.~ The crossing consists of five corrugated metal culverts which are 36 inches in diameter. There are no visible signs of de~erioration~t~ thecrossing. is in place. The road that this crossing serves January 8, 1992 (Regular Night Meeting) (Page 21) 308 PLANNING AND ZONING HISTORY: The existing crossing was constructed in violation of the Zoning Ordinance. The Zoning Department has provided a history of the violation. No other history is available for the site. COMPREHENSIVE PLAN: The Comprehensive Plan states a number of con- cerns for activity in the flood plain including 'Encroachment into flood plain lands by development and other inappropriate uses can result in increased danger to life, health and property; public costs for flood control measures, rescue and relief efforts; soil erosion, sedimentation and siltation; pollution of water resources, and general degradation of the natural and man-made environment.' The Comprehen- sive~Plan stateslas alstrategY~tO preserve water quality 'restrict all ~,~!~-ctearing, grading and construction activities to the minimum required for the proposed development.' STAFF~COMMENT:~-The.applicant owns three parcels ,in this area, Parcels 39, 40 and.40A., There,is one existing dwelling, which is located ,on Parcel 40. Parcels 39 and 40A have access off of Route 6'01 by a private road that crosses a previously approved stream crossing near Route 60! (SP-90-50, Donnie Dunn). ,In lieu of the requested stream crossing, Parcel 40 and its dwelling~have access Off of, Route 687. This access road is more.rugged than the'access with the stream crossing to Route 602, but does provide access by passengervehicles. The entrance to'Route.687 is poor. However, this.access does~not involve the crossing.of any streams~ The applicant!:hassubmitted.data on the bridge which has been reviewed and'~approved by the Engineering Department; This~data'~indi,cates:~that the crossing .complies with the technical requirements of the Zoning Ordinance. ,Comments by the Water Resources Manager are included as Attachment G (copY'on, file). Staff does not'recommend~that'the existing Crossing be. removed due to rhea mount of ~damage that wOUld resUlt during its .removal. However, itis unlikely :that staff would have originallysupported a request:to construct this crossing due to the existence of an access road'that does not require the crossing of a'stream. This'crossing~does .not provide access to any parcels:which doi~nototherwise have ,access. SUMMARY AND RECOMMENDATION: Staff generally discourages stream crossings wherethey can be avoided. As previously noted, it appears that this stream crossing was not the:only alternative for access to the subject .propertieS~.:,Staff is recommending that the crossing 'b~: approved due only to the fact that the crossing is =in:place and its removal would'likelyresult in moredegradation than permitting the crossing'to remain. No conditions;arerequired'toassure~that:the~ crossing is. constructed properly as the crossing.is:in placeand the Engineering Department has,alreadyappro~ed ~the,.hydrologic'.study~" Mr. Cilimberg said the Planning Commission,..at its,.meeting on,December 3, 1991,,~by~al-5/0/l~vote recommended .that this,streamcrossing be,approved. Mrs. Anderson~ a member'of the..Commission, asked that the minutes reflect that approval was given with reluctance and concern. Mr.'Marshatt'asked.if the.applicant would be allowed, to rebuild'~.the crossing if it should wash away during heavy rains, Mr. Cilimberg responded that the crossing will ~be,construCted to theEngineering Department'~s require- ments so:~it~shOuldhe able to sustain any :type of major storm. He noted that if the':crossing was des~royed~ and:the special permit had al.readybeen..ap- proved, .then it couldbe replaced. Mr~ St. John stated that the crossing could .be approved with 'the.condi- tion that if it washes away'it cannot be replaced. Mr. Cilimberg agreed that it was.possible to approve~the special use permit with this condition. Mr., BoWermanasked--i.~ ~oncrete:or riprap.will be ~used above the,,~cutverts on, both sides or,the road. .Mr. Gilimberg answered, that he believes'rip rap will be used above the~culverts, burn,he would'like verification of that from the applicant. January 8, 1992 (Regular Night Meeting) (Page 22) 309 Mr. Bowerman then opened the public hating and asked if the applicant was present. Mr. Bowerman explained that, because the picture that was given to Board members was only a photocopy, he could not tell what type of facing is on both sides of the culvert. Mr. Minor Eager replied that the facing will be a stone wall with a steel reinforced concrete plate above it. He then explained that Lots 39, 40 and 40A are all a part of his farm, and there is a small culvert to get from the fields on Lot 40A to the fields on Lot 39. He said that he would either have to drive the tractor through the creek, or go all the way out to Route 601 to get back to within 50 yards of the house. He noted that this crossing will be a farm crossing well inside the borders of the property. He said that the east,'~-line,isshoWn~>a little. Closer in the picture than it is to the actual crossing. He said that the crossing is designed to take the tractor and hay mower back and forth across the fields. Mr. Eager reiterated that it is a contiguous~farm and:'~the'.crossingwill be Used to~get_,from one~side~of~the"farm to the_other without having to come out to'Route 601 or, go through thenreek. Mr. Bowerman'asked if there had been an old ford at the creek. Mr. Eager responded, "yes." He said that it was an old road that was reopened, and a bridge,.was~constructed on it. He stated'that before that-, the,tractor had~.to pull.all of the. equipment throughBuck Mountain-Creek. Mr~ Bowerman then asked if there were public comments. ~' Ms. Sandy, Snook, President of the League of Women,~oters, stated that for some time the League has been concerned about the-increase in the number of applications for special permits for ~flood plain stream crossings. She said the. League knows.that the staff has tried to discourage stream crossings where other access is possible, She noted, however, that the case before the Board tonightis different'~ Five-:corrugated metal culverts.'are already in.:place in-~ violation ,of theZoning Ordinance requirementfora special.permit~for con~ struction of a stream crossing. She said.the staff recommended approval of the crossing only becauseremovalwould cause more harmthan allowing, the-' crossing ~to remain. She remarked-that there, wasno opportunity to review the impact of ~the.~construction on the floodway.or to consider~the:cumulative~ effect,of~the number of~'crossings along a particular stream segment. She noted that there 'is at least one other crossing downstream. Mrs. Snook thinks that what makes this violation more serious is that it occurs, within thewatershed of the plannedBuck MountainReservoir~ She. stated, that the League wishes to echo the concern of the.Water Resources Manager who stated in~a~November 19, 199~, memo, "Numerous streamcrossings~on Buck MoUntain Creek are-not supportive of watershed protection for the~'future of Buck~'Mountain~Reservoir.'' She went on-to say that strategies for_the ' protection of water quality in the~BuckMoUntain watershed include ~hetribu~ taries'of not only~Buck Mountain Creek, but~also Piney Creek. She saidthat when the reservoir wasplanned, the consultants, Camp, DresserandMc~ee, estimated the water quality status for the impoundment. The consultants assumed-that no.further~development would occur, "inthe 'watershed upstream -- from.the impoundment"and warned that "developmentin the Piney-~Creek water- shed would cause~the water'quality inthat watershed to deteriorate.below'that of theRivanna Reservoir." Ms. Snook stated that development is occurring upstream from the reservoir site as requestsfOr'stream crossings attest. In order to. be consistent inthe enforcement of the Zoning Ordinance for stream crossings, not only in thesensitive watershed of Buck MountainCreek, but also for the protection of water qualityand habitat preservation~inother streams,~Ms. Snooksaid the Leagueurges~the~Board to devel0p"the~kind Of policy that Mr. Pey~on Robertson recommended inhis. Novemberlmemo.~ She~added that~Mr~Robertson proposed that theCountyconsider developing-apolicy.~'on~. stream crossings that inctudescoordination with the ~Virginia Marine Resources Commission, the ¥irginia Water Control Board and the Army Corps of Engineers. She~said~that it-seemsthat such a policy ~ouldrequire compliance no% only with-federal and state laws, butalso with~the Water Resources Protection~ ordinance.~ She-~added thatthe~League knows that such compliance is~?often~. included~inthe recommended conditions for approval, but the~League is not certain if the applicant is aware~of it when he~,,,or~she first petitions~.'She remarked that other criteria couldinclude~ for example, the design~ofbridges and culverts to provide access during a one hundred year flood and to support January 8, 1992 (Regular Night Meeting) (Page 23) 310 fire trucks. She said that a stream crossing can change forever the nature of the flood plain it crosses; its construction should not be taken lightly. She went on to say that a statement of policy would emphasize the importance of keeping flood plain lands free from activity that is a threat to life and property and degrades water resources. She said the League, therefore, urges the Board to develop a statement and adopt a policy for stream crossings. Since there were no other public comments, Mr. Bowerman closed the public hearing. Mrs. Humphris called attention to Page Three of the Planning Commission minutes which stated that the applicant had addressed the Commission and stated that he:had~ been~infprmed~byaGounty employee that he did not need a permit for construction of the crossing if it was located entirely on his property. She said the Planning Commission minutes indicated that the appli- cant thought h~.had caltedthe Zoning office, but he'did not-know, to whomhe had spoken. She thinks that this should be addressed. She said if~this did. in fact happen, something needs to be done to make sure that it does not happen again~ Mr. Cilimberg replied that thecall-was not made to the Plan- ningDepartment,~so his staff does,not know from where the information came~. He, suggested that perhaps Mr,. ,Tucker or Mr. Brandenberger should look into the matter. Mr. Tucker said he would look into the matter, but without having the name of the individual to whom the applicant spoke, it would be hard to Verify what was actually,stated~ He went on to~say that it is best to get informa~ tionof this nature~inwriting. He~oftenencouragescitizens,to dothat. He said~the, factthat this has happened~i~witl warrant,a review Of the matter,with thePlanning, Zoning andEngineering~Departments,~sincethese~are the~three departments that could'havebeen Contacted, and~he,w0uldlike tomakesure that misinformation is not being'given to~.citizens.~, Mrs. Humphris'agreed that this_matter needed attention. Next, Mrs. Humphris stated, that ,shewanted to discuss the responsibility ifthe contractor who built'thecrossing~,' She assumes that a contractor constructed this crossing for the,,applicant. Mr., Eager~replied that~he',didl most of the work himself. He said that he did have some help from a heavy equipment operator in loading the fill. Mrs. Humphris stated that a similar problem,had been discussed befores' and Mr,-St. John.had~said that'a contractor could be held responsible~.-Mr~ St~ John agreed.~ '~He said'that Mr..~Eager is also'responsible by law. ,He went on~,.to-say that~the other case arose~because?the-owner, ~who had~-the bridge built,~hadleft~the jurisdiction and couldn't be served-w~th a warrant .... He saidthat the, County could have had Mr~Eagerserved withawarrant, Mrs. Humphris called attention to the~League of Women ¥oters~ memorandum which discussed the recommendation of the~Planning Commission requestin~ that a poticy~be developed on stream crossings,'that includescoordination with the Virginia Marine Resources Commission, Virginia Wate=-Control Board and-the Amy Corps of Engineers. She would-likefor the County tomove forward with this request~ because it seems that these stream crossingsare causing the County a great deal of problems and they seem to be proliferating lately. Mr~ Bowerman wondered if this discusSion~could beheld separately from the special permitrequest becauseof time constraints. Mrs, Humphris felt the Board~needs~to-deal~with the policy-matter~tonight~~ and notlet it-be . Mr. Marshall,said he could sympathize with Mr. _Eager. He has~a stream on his farm, and he did the same thing. He wanted to get from one 'side of :the farm to_the other~so-he-could get.to his haY~ He suggested that~perhaps the: Zoning.Departmentshould.checkhis farm. Mr~ St~ John remarked that staff has. discussed the proliferation~of~.these bridges. The question is Whether or not a person who owns a~-farm',witha. substantial stream going through it hasa right, to.build~a bridge-in order to reach both. sides of his land~.-.He.went on to-say that the County. cannot ~stop a landowner from getting to land that he owns on the other side of a creek, when, otherwise, the landowner would.have to go .out on the. highway, and~maybe January 8, 1992 (Regular Night Meeting) (Page 24) 311 even get easements to go over other people's land. Me thinks it would be hard for the County to defend denial of a permit for a person in that type of situation. He said that the only purpose of the special use permit is to ensure that'the bridge is reviewed and built properly. He stated that condi- tions can be put on a special use permit that the bridge must be approved by the County Engineer and State agencies, but he pointed out that the County's ordinance does not make that requirement at this time. He said the County's ordinance objects to these bridges as far as the regular criteria for any special use permit is concerned. He said it is not a by-right matter, and it can be denied if the Board so desires. He added, however, that he questions the County's denial of a permit for a situation where a person has to have a bridge to reach a part of his property. Mr~.Bowerman wondered if the same conditions would apply if a landowner had a parcel which had frontage on a public road, and there was a stream between~the frontage-and where.he~wantedtO put~a house~ He pointed~.out~,.that~ this'Situation is also contiguous to the~ tandowner~s property., Mr. St. John answered that, if there is~a good building site on the public road side of the stream, then it should be used,, He explained, that when a bridge~is~built',to, get to a house, the bridge~has to be built'so that fire~trucks and~rescue vehicles can get there also. He said that this is a'different~type of:-bridge. Mr. St'. John said that even if the house is built-on the road side.of a:piece of property, the person might want to raise-crops,.etc~, on the~back side of the property, and,'he~might still need to build,a~bridge'to get farm'equipment back and forth. He,thinks thatin~this type of situation, the application.: should be denied~ He said.that there are, two different situations involved,, Mr. Bowerman said that this application is in exactly the same circum- stance aS constructing a~bridge in-place-of a ford to get from one field, to~ another. He asked if the Board canconsider~the circumstances~ or~is'Mr. St. John saying the,Board really does not have'an option~ Mr. St~ John~replied~ that he is not saying that he is~certain the,County=would lose a court casein thistype of sitUation, and that the Boardhas no other choice. He is saying, however, that it is-more than. tikely~thata~court'would rule.against%the County if a person is industrious enough~and wants, at his or her expense, to improve a ford into a facility that can~improve the'use of the land, and~he'or she can show that the way it will be built is not detrimental to the~surround- ings~ He said that the County's Engineering Department admits that, this- ~ bridge meets all of the~criteria, and he does not think that:-it is .reasonable for, the,Board to take',the'attitude that it does not.want the, bridge there~ He stated that, it.would,~be,hard~for the-County~to:,defendsuch a position. . Mr. Bowerman asked if there 'are a number of different parcels 'across a stream, ~is,-it p~ssibte that in the future the Board could contemplate a sequence of~bridges thatdo not currently,exist, because:the'first bridge would then-improve accessfor additional~properties. He feels thatwith approval of the'first bridge,, it could necessitate~the perceived need for ,~ additional bridges~ ~Mr. St. John.asked how this~situation could necessitate additional bridges~ Mr~'Bowerman noted that~the Donnie Dunn bridge~,was- finished prior to,~this.bridge. Mr,,-St. John'agreed, but he said-that,the Donnie.~Dunn~Bridge did not.necessitate the-need for this particular bridge,~~' Mr~.~Bowerman pointed, out,that the timing was,there, and he istrying to look at,the questions that Mr.~St. John~is raising and,trying to develop a future~course of action for thisBoard, as'well as.the staff. Mr~ St, John told Mr~ ~Bowerman~not to try~to define the course. He said that he, is just making the Board aware of the process. He added that up until this time the matter hasbeen~discussed~considerably, and-therehas~been some~,thought~that a detailed policy~might,~',need to be,'set. .... .~,~ ~ ~.Mr~,Martin,stated that~he'thinks~more~detailed information~is~needed by the Board befo,re,,anything can be done. Mr. St~ John'agreed,. 'At'this time, Mr~ Martin moved~that SP-91-61 be approved,~based on:whatthisBoard has been totd.~bythe property owner, the'Planning Commission ,and the,County-Attorney. He'added that maybeby the next meeting the~Board ,will ha~e some background information as to,what can andcannot be, done.' Mr. Perkinssecomdedthe~ motion. 312 January 8, 1992 (Regular Night Meeting) (Page 25) Mr. St. John stated that he has nothing to say about the motion. Howev- er, he would like to speak to the matter of bringing information back to the Board relative to stream crossings at the appropriate time. Mr. Bain asked if it is a fact that this issue relates to a stream crossing built to serve a farm, but not built to standards that would support fire equipment and meet residential needs. Mr. Cilimberg replied that the bridge has been built to the Engineering Department standards. He said that Mr. Eager could probably elaborate on the fire equipment handling capabili- ties. Mr. Bain asked if the bridge was built to Engineering Department stan- dards~simply foria~-stream~crossing to serve a farm need. Mr. Cilimberg rep!ied~ "yes." Mr. Bain then. wondered, if the bridgewas built to serve~aresidence,~?etc. He said that he realizes this is a separate issue, but,hewants-to.understand the whole situation~ Mr. Cilimberg answered that the crossing is built to handle the easement that crosses this particular location, and it is not built to an elevated private road standard; Heexplained that access to more than six lots would require a wider road. Mr.~Bain next asked if Mr. Eager could subdivide and. use this road to serve up to six lots with no further review fromthe County. Mr. Cilimberg responded that Mr. Eager could subdivide up to the next private road standard, and after that the next level of private road construction would'begin. He said that~this wouldagain Cause the~matter to besubject.to review. He, added that~'thebridge.might already'be~-wide enough to.accommodate, the next,level of construction, but he cannot comment on that at this time. Mr. St. John stated that he does not know what standard the Engineering Department used. Mr. Bain commented that he is not concerned with the use as it ~has.been mentioned by the!applicantltonight. _He is~concerned, however, if the crossing will be used to'get to houses that may be built on the property, in addition to what-is already there~ ' . ~ Mr. Martin remarked that he does not see that there is anything this Boardcando about this particular item tonight, except'toapprove it.~ Mr. Bain stated that this Board can put anynonditions on the~special permit that it considers necessary. Mr...Bowerman suggestedthat interms ~of the~motion~on thefloor, one. conditionmight be that therebe no further subdivlsion~of the ~arcels~without coming back to this Board for approval. Mr. Bain agreed thatthis would be a reasonable~condition. .... Mrs.:Humphris asked if the Resource.Protection Areas (RpA) Ordinance . relates in any'way to-the construction of such a bridge~ Mr. Cilimberg answered that the RPA Ordinance would relate to the construction of a bridge when that bridge crosses a~stream that is RPA designated. He believes that the bridge in question~is RPA designated, and if the'b~idgewas not already built, plans would have to be approved by the Water Resources Manager.~He~ said that there wouldatso have to.be approval bythe Engineering Department of thetechnical details. Mr. Bain asked the.applicant if he*would object ,to the.condition that there would be!no further subdivision of the parcels without theBoard of Supervisors' approval. Mr. Eager replied~that he has no objection to that condition. Since there were no other comments from Board members, Mr. Bowermanasked the Clerk to call the roll The Clerk asked if this was the only condition that was placed on_'the special permit. Mr. Bowerman indicatedthat thiswas the only.~condition.-~. Roll was called, 'and the motioncarried by..the following recorded vote: 313 January 8, 1992 (Regular Night Meeting) (Page 26) AYES: NAYS: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and Perkins. None. (Note: The condition of approval reads as follows: No further subdivision of Parcels 39, 40, and 40A without approval by the Albemarle Board of County Supervisors.) Mrs. Humphris reminded Mr. Bowerman that Mr. St. John had wanted to make further comments about requesting some staff work on policy. Mr. St. John said'he Would~like~'for.-Mr; TUcker:.and Mr. Cilimberg to be involved in deter- mining what should be done. He said that rather than coming back to the Board next week with a recommendation relating to a bridge policy, a longer time might be needed. He stated that'consideration has been given:to'a recommenda- tion for two other situations where the special use permit process would be changedsothat the regular special use permit criteria is not applied. He said the special situations involve stream crossings, drive-in windows and outdoor, storagevin the entrance corridor~overlay district, and there are uses fOr these situations which are by-right. He pointed out that if a drive-in window is going to.'be_added,'the presentway theordinance is written the whole planis ,subject to complete denial, because it would not just be the drive-in window with features that are subject to a special use permit. He thinks that something needs to be done about these three things. Mr. Martincommented 'thathe had mentioned next week as the time for information to be given to the Board as an alternative to making a decision on everything tonight. ~.Mr. St. John.suggested that adate'be set to get:the ," information back tothisBoard. Mr~ Tucker stated that the concerns would need to be taken up by~.the Planning, Commission..Board members'agreed~ _. Mr. Bain mentioned that bank buildings can be built, and no one.has to appear before theBoard of'Supervisors. But, .when a drive-in window.is instaltedat a bank, the.'request,has~to be brought'before theBoard-because, of traffic patterns, etc'. He is':not sure that' this:is'thesame'as the other_,two situations.:towhich~'Mr.~St. John referred~ Mr. Citimberg remarked that~Mr. St.-John. is referring to the,considerations that go into the decisions'on these three situations; Mr~ St. John stated that if the bank is built and then the drive-in is added~ the'only thing that is'considered~is, the drive~infeature. He noted that i~f the bank,,has'not~,been~.bUilt; and the:drive~in window willbe, part'of, the originalbuilding, then everything is regUlated~ and people, can'come'in to arguethat a bank should not be located'in certain places. He pointed out that if the drive-in window is not,included, the, bank.has aby-right provision for construction,' He reiterated that he and staff will bring something back to the executive staff on this situation. " Mr.~.Bowerman'said that this Board will look.with much deliberationon,' what the Planning Commission and staff present. Mr. Cilimberg explained~that there are anumberof zoning text zmendments.to take to the Planning .Commis- sion next month that will then be Coming to this Board. He,said that these three situations'should be considered as part'of those amendments. He added that the timing will be based on this schedule. -Mr. St. John agreed that if this schedule suits the Board, he thinks it would be better to do it:this way. Agenda Item ~No; 11~ .Citizens:for Albemarle, Request for an,.Historic'~' Preservation Ordinance~ -- Ms~.,HelenSchwiesow, Chairperson of Citizens for'Albemarle, Inc., stated that sheis: a=resident of the Samuel Miller Magisterial District. She added that the whole committee was present at the meeting, and she proceeded to introduce them to the Supervisors.as follows: Sara Lee Barnes, Paul Burke, MelindaFrierson, Geoffrey Henry, Jared Lowenstein:and SteVen. Meeks;:'She mentioned that.,Lindsay.Dorrier was afounding member of this:Committee, and,was with the-Committee untilhe relocated to Richmond. ,She said that Ed.,Lay'~ January 8, 1992 (Regular Night Meeting) (Page 27) 314 worked intensely for the first eight months of the project and has continued to consult with the Committee. She stated that both of them have been very valuable. Ms. Schwiesow said that she wanted to report briefly on a grassroots effort to preserve the outstanding historic resources in Albemarle County, and to request that the Supervisors direct the Department of Planning and Communi- ty Development to begin formal consideration of an Historic Preservation Ordinance for Albemarle County. She stated that she would like to briefly acquaint the Board with the Committee's consensus positions and the overall flavor of the Committee's draft ordinance as it responds to the dilemmas posed by the objective of preserving historic resources for the benefit and welfare Of the~c6mmunity ~hileremaining sensitive to the County's economic circum- stancesl property owners' rights and emphasis on streamlining the granting of building permits, etc. Ms. Schwiesow said Albemarle County contains some ofthe most-histori- calty,.significant structures and sites in this state and nation. Albemarle COunty is distinguished by over 50 national register properties, three na- tional~historic landmarks.,.~ two properties listed on'the Wortd.HeritageList andnumerous other Structures and sites important to the general understanding of history in this County. Albemarle County's historic resources contribute'~ immeasurably to the County's heritage in culture, quality of life, land ,value and tourism economy. She feels it is critically important that these resourc- es be identifiedand preserved'.as~a heritage for?future generations. She noted that thepeopte forming this Committee hOped.toexpedite the objectives.~.~ of the County's.Comprehensive Plan, whichrecommends the establishment of. an, Historic,-Preservat~on. Committee, ."to. devise a preservation plan for the County~ encourage community interest, advise property owners, gather.and-- maintain information and promote voluntary measures." Ms. Schwiesow commented that the Committee, since May, 1989, has addressed each of these objectives. She added that'the Comprehensive-Plan further notes that, "Regulatorymeasures are necessary to insure aneffective historic preservation program. Regulato- ry.measures mayaddress two distinct aspects~,of preservation: (1) protecting the historic structure for the public benefit'~from neglect,~inappropriate exterior.alteration, o~.demolition; and (2) protecting the. setting of the~ ' historic structures fromincongruous~usesfor the benefit'of the historic. , pmopertylowner as well asthe public, Relatedbenefits of.regulatory, measures may include appreciationof property values and increasedstate or federal.~ funds for assistance for~preservation activities." She noted thatthe Commit- teesent a survey'to alt owners of properties' listed, on the Virginia.Landmarks Register in Albemarle. County in the fall of.1990. Shebelieves at that time there were 46properties on the Register, but now there are more than'50 properties'listed. Out ofthe original 46 properties listed on~the~.Register, 22owners.responded, and 21 supported the concept of an'Historic~Preservation Ordinance for Albemarle County. ~ Ms. Schwiesow said the Committee's most tangible product'is.a draft',~ Historic Preservation Ordinance, which is the result of 18months of Committee work, consultationand research; She said~thatthe source list'is justabout complete and~can be reviewedbyanyone interested. She noted that the'list includes Dirkson's Handbook onPreservation Law and numerous ~historic preser- vation.ordinances from within the Stateand aroundthe country which the'.,~ Committee reviewed~ In addition, Ms. Sch~iesow statedthatVirginia'!s.~rele- vant-enabling legislation, publications putout~by the NationalRegisterand by.theState Department of Historic Resources, as welt as guest speakers, interviews, symposiums ~and'workshops whichCommittee members~attended,~have~ all cont=ibuted to the pro~ess which the Committee hopes will lead to a.model historic~preser~ationordinance. She pointed out. that:this.draft has~been- reviewed by'representatives or, the Virginia Department ofHistoric~Resources, the.~iedmont Environmental Council, the Preservation Alliance of Virginia, the UniverSity of Virginia's School of Architecture and University administrators, the County'.s Department of Planning and Community Development, area attorneys interested andexperienced in historic preservation~issues, owners of proper~ ties listedontheVirginia Landmarks Re§isterand several other persons, that theCommittee knewtobevitally~interested in the prese~vationof Albemarle County's historic resources. Ms. Schwiesow next directed the Board!s attention~to the~Highlights~ Summary. She briefly 'discussed the Summary, and stated-that the'Committee.~ believes.that~anordinance has-been developed whichis limitedto~'themost January 8, 1992 (Regular Night Meeting) (Page 28) 315 significant and realistic preservation objectives while including enforcement provisions related to these objectives which will make the ordinance effective in achieving its purpose. She discussed the six elements listed in the Highlights Sunmnary and pointed out almost an entire page of minor actions which are exempted from review. She noted that everyone has heard exaggerated complaints about how, in some areas, bushes cannot be planted or a picket changed without going to city hall. She said that this ordinance, in terms of what a property owner cannot do without approval, focuses on those changes which would significantly and irreversibly alter the historic structure or site, or which would currently disrupt the historic character of the property as viewed from a public right-of-way. She noted that with this ordinance, a swimming pool could be installed without getting a Certificate of Appropriate- ness, as.:!:long as~that swimming pool'!is not within public view. She said that more~minor actions, such as planting shrubbery, putting in window air-condi- tioners or a small retaining wall, even if they are directly on a public right,of-way are, also.exempted from review~ Ms.,Schwiesow stated that the third element relatesto.the functions of various regulatory and advisory bodies. She said the Committee worked.on this for months, talked to a lot of people', and the Committee has submittedwhat, it feels is the best way of dividing the responsibilitiesandfunctions. She added that the Committee would like to work withMr.'Cilimberg and his staff, on a study of thismatter.. She said the Committee realizesthat this should be avery fluid and much discussed area, Under the fourth area of the Highlights Summary, relating to documenta~ tion.of historic'.structures ifthey are to be demolished and an emphasis heritage~education, Ms. 'Schwiesow-acknowledged Ms. Friersonfor her input in. terms of'.documentation as to. the possible avenues and value, andletting the Committee know'where there are already established.archives-in the areawhere such information could be deposited. In'terms of heritageeducation, the- Committee feels that the Preservation Ordinance is an area where Albemarle' County:mightreatly-stand out~ She noted.thatMs~,:Sara'Lee Barnes. attendeda workshop~in Northern Virginia relating to this'matter and~has~talked'to.'a lot~ of people.inside.and OutSide of the State. Ms; Schwieson believes that'this draft ordinance responds tothe~sensir tivity"of community concerns, and the Committee.urgesthe,'Boardto:make'- consideratiOn of a draft ordinance a top priority on the staff's work agenda as soon as possible. Mr. Bowerman thanked the~Committee for the. amOunt..of work that it took to Put:this draft ordinance together. He said~that a HiStoric Preservation Ordinance:has eluded the County.fora long time; He asked if the Board-,had any. questions fortheCommittee. ~ ~" Mrs. Humphris feltthe Committee had made~a-tremendouscontribution to the CountYlthrough production of this ordinance.,.',In.tooking at the draft~.i ordinance, it is amazing.-the, amount'of work that~it..,took-to produce, a"document as carefully laid~out and as thorough as this one. She stated that it gives the County a wonderful starting, place and puts the County way'aheadof other areas. - .... Mr.-BOwermanrecalled that Mr.-Tucker had recenltymentionedthatthe number ,of applications being filed for zoning matters has dropped significant- ly. He knows the staff has plenty, to do, but he felt it might have time .to undertakea staff review and Planning Commission review ora potential ordi-:.~ nance, Mr. Tucker explained that this ordinance was already a part of the PtanningDepa~tment!swork program.for this:year, although it is a low'priori- ty. .The stall'will look'at the ordinance, and discuss it with the Commission. If it is'desired, priorities can be shifted. Mr,~ Bowerman asked that. Mr~ TUcker.-report'backto-'-the:Board'in reference to the. Commissions' idea on a time schedule ..... Mr.'Tucker agreed~that could_be done. - Mr. Cilimberg stated that the work program is set up to actually produce some first draft during the period between April and June of this year~ He said that the staff"has.already taken a,lookat whatlis included in'the January 8, 1992 (Regular Night Meeting) (Page 29) 316 Committee's report. He thinks that further review at staff level and a work session with the Planning Commission would be helpful before a draft ordinance is prepared. Mr. Bowerman thanked Mr. Cilimberg and the Committee members. Not Docketed: Mr. Bowerman thanked the people who had stayed at the meeting in regard to the "Fortune 00" company. He said that Mr. Wood has requested that this Board consider adopting a resolution of intent to amend the Comprehensive Plan regarding the Hollymead growth area. He said it is the Board's responsibility to determine what course of action should be taken. Mr. Bowerman asked if anyone wanted to add anything more to what had been said at the opening of the meeting. He reminded the group that the hour was late; .... · .... - .... Mr; Wood reminded the Board of the time frames involved with the compa- ny's request. He said the first contact with staff was approximately six or eightweeks, ago~ andhepointed,out,that he had ameeting in'late December with Mr. David Benish. He feels sure that the particulars of this meeting were relayed to the Board. He said that after that meeting he went to the Planning Staff and askedif heneeded to do anything,~ He was told,,'!no~!,' and that~the staff was already trying to prepare~something. Therefore, he:assumes thestaff has-already,done quite a bit of work, ~Mr. Cilimberg, in response to Mr. Wood's comments, stated that the staff did not say, "no."~He believes that Mr. Benish indicated that information had already been receivedthrough the same sources that had given Mr, Wood his information and that,an amendment to the plan would~be-necessary, He said,~' that Mr. Wood was informed that the next regular schedulefor receiving those applications was in March and. that any speeding up of the process would,have to beapproved~by the Board of Supervisors. He added that the BOard,would. - actually have to authorize the staff,to begin work earlier on this project, if the~Boardso desired, - Mr~,Wood said, that the way it was put to himwas that the Board would have, to authorize the,staff-tobegin the process earlier, but Mr~ Wo0ddid,nOt have to make the~request. - '' - .......... ,~,' . Mr. Marshall commented that in the meeting last week it was pointedout that either the property owneror the manufacturer in. question woutd~haveto, come~'before this Board and make some sort of request. He said Mr. Wood,is - here'tonight to do. just,that. 'Mr. Wood went,on with:his remarks by saying that decisions need t° be made now, becauselthe,County will not be chosen'as a sitefor this company~if it takes a year to study the situation. He thinks,,- that ten years of history with General Electric-Fanuc is thebest historY'.in Albemarle. County.to provide theBoardwith its ansWers. He added that'this company is saying that it, is another GE. He'went on to say that if'this statement turns out ,to be wrong, he thinksthat theBoard can qualify its approval of this process. He said that if he or the Governor's Office is being liedto, the Supervisors can conditiontheir approval, but,toMr, Wood's knowledges, hebelieves that.this is 'another.GE type of facility; _He,'~~, does not thinkthe public is ready to accept the fact that the Supervisors will use time for study as a method of delaying the request. He said that if this is to be the procedure, he would like to.be toldthat tonight, and,'he:'~ will bring'thepublic to this'Board~ He feels the public.is prepared:to'come to this Board en masse and express their opinions. This is.the democratic process and the Public is ready to do:that. He told the Board that it would have to find a room larger than any in the County Office Building to, hold the people~who~would come to speakand show-their support of this. company. Mr~ Martin~askedMr. Wood .what he means whenhe asks that the Board~..not study the situation. Mr,,Wood'answered that he, isnot'asking the Board not to study the matter.- He thinks the question is whether:the Board. should direct staff to study the. appropriateness of the location that has been selected. He stated that the company hadpicked the site~hementioned. He is not asking the Board to make any deciSions tonight, only that the Board direct staff.tto speed up the process. He remarked that'~ifthis request has to abide'by existing requirements, the Board.cannot accept the application at this.time. 317 January 8, 1992 (Regular Night Meeting) (Page 30) Mr. Bowerman stated that he assumes part of the request is for the Board to consider the application out of the normal time frame and to begin the process now. Mr. Wood agreed that this is his request. He said when this process was first started, he was told that the time frame could not be changed because it did not meet the criteria for reviewing these types of requests in March and October. He added that if this is the procedure that has to be followed, the County will not be able to take advantage of this company locating here because the deadline date will be past for this company to get its answer. He pointed out that this is a very competitive business, and he believes that these other localities are not going through the process that Albemarle County is requiring. He said these other localities are encouraging and actively supporting the request to have this company locate in thei=~'areas,'.~TheSe::other, localitiesare putting together committees and sPendihg money to solicit this company. He asked the County to put its best foot forward because the citizens of the community want this company. Mr. Wood said-he hopes the Supervisors~are listening-to the"c0mmunity even though some of the Supervisors might, not~ be, in. favorof the company locating here..He said:the Supervisors had better listen this time. ,He reiterated,that the citizenswant this company to locate here., He'-stated that what he is asking, out,of respectto the Board,,is, that. if, the. Board needs support'~ he will bring it to the Board at the next meeting. He said that he did ,not bring the support tonight, because he was asked not to do so. He. noted that he has lived here.all of,his life, and he knows that there area few people who .do not want anything to happen in ,this County. He added that this is not the. feeling of the mass on this issue, and he is willing to back this up. He said that'if this Board needs help, he will bring in the people to'support this request~' He pointed out that it is not like it was a few years ago. He said that people should be:'asked,,at Sperry, Comdial and,.Cooper Industrieshow safe and secure they. feel about, their jobs. Heremarked that therehas,been money'invested in the children of this conmrdnity and thei=,~.~ education, bUt theycan~t findwork,"and~stayhere. He'asked the-Supervisors to-warmly'try to locate this facility here and to make it known,that the Board will listen. He-added that he is,not talking about:a'smoke stack~ a steel company'or a chemical firm, He is'not infavor of that and'would:not'allow that on his property. He said that if this request is as iris being rePre- sented, then the County should step forward, and, extend a;hand tothe company. Heis'not talking about giving;the company a tax'break, and he noted that GE pays :its':way. He is talking about acknowledging the fact that the company':is Wetcomehere. He told the Board that the,County does not have an imageof~ welcoming industries. He said that this is afact, whether or not theSupe=- visors want to'believe it, and he'can produce the people who;will not come to this-County. Mr. Bowerman asked Mr. Wood if he could tellhim how many employees Would cometo thiscommunity and, how many employees would bebrought infrom, exist- lng facilities.~:,He explained, that this will be used to-_do'the stUdyof the Comprehensive Plan; Mr. Woodreptied that, out of-~apprOximately700 jobs,~ approximately 300 employees would be in technical,based.%manufacturing,~300 employees:would be in research .and development(white~collar),- andl00 would be,~·secretarial·and'support personnel. He stated~that the 300 technical~based manufacturing employees would be assemblyrtype,personnel and would not be brought in to the community; He added that.this Would boa step up from·a retail~store position, and'there are a lot of qualified, people living here,- and this would be a move ,up'in their life style. His assumption is that,'as far asthe researchand development positions are~conCerned, this,company likes thisarea'because GE is already here, and companies like"·to locate :close to.each other. Mr. Bowerman wondered if, the Governor's Office, without,identifying the name of the-organization, would be able'to supply, the'type of~information,- neededby~the Planning staff in order to,review theComprehensive Plan,change andthe~effect[that this~could·have'in the community, Mr.,Wood answered, "yes~'! ~'He,~replied.~.that the criteria that~he'has.presented'to-the~Board~,~dame from~the. Governor~s~office. He,saidthat~this is the exaCt·approach~from.',the company to the Governor's Office. and from his (Mr. Wood's) meeting with the company. - January 8, 1992 (Regular Night Meeting) (Page 31) 318 Mr. Martin stated that he had talked with Mr. Kehoe in the Governor's Office recently, and he did not have a lot more information than this Board that the company is allowing him to give to other people. Mr. Marshall remarked that he thinks the issue before this Board is what kind of message is being sent to the Economic Development Office in Richmond and what kind of message is being sent by the County to any manufacturer who is thinking about locating in Albemarle County. He realizes that time has been planned to approve or disapprove this particular company, but he reiter- ated that there is a manufacturer who is considering locating in the area. He feels the manufacturer will not give the County a second look if this Board persists in the attitude it has had in the past. He is trying to get a consensus.from.~th~s Board~indicating that all of the Supervisors are receptive t0.=~the proper type of industry, if that industry will locate in Albemarle County. Mr. Bowerman commented that~the Board is dealing, with two'~issues. _He suggested.~that, over the Chairman's signature, the'Board could draft a letter to the Governor's Office on Economic Development. He said that letter should have the full Board,s approval and should outlinethe misconceptions that~the County feels it is getting, as well as how the community, feels about'these types of situations~ .He said.that'this would address~Mr. Marshall'S comments. He thinks that~ if the Board can agree on the wording, thiscan be handled rather quickly, and certainly~by the middle Of February. Mr. Marshall saidhe thinks this would be too, late. ~ Mr. Bowerman stated that the Board members keep bringing, up two different things. He added~that, the other issue is the request beforethis Board~to~ . amend the Comprehensive Plan, He said that this is an issue that can.~be~dealt with tonight. He pointed out that this issue is separate from Mr. Marshall's comments on the other issue, and?he (Mr. Bowerman) istrying to keep the~two issues separate-~ Hesaid--thatif writing the letter to the GOvernor~s~Of~ice is.~acceptable to'this Board,~ therequest~to.amend the~ ComprehensivePlan_~can~ then~be considered. .... ~ · ~ ,~ Mr.~Marshall remarkedthat Mr. Bowerman~s suggestion is notacceptabte to him, if'lit will take until the first of February~to get a letter intothe- State, when the-decision relating to this.company needs to be.donewithina week's time. ' ' ~:' ~ ' , Mr. Bain said the other issue is whether or not the Board, tonight, will to lo0k at instructing staff; based on Mr; Wood's request.for this property,: to consider an.eXtension'or modification of'theHollymead growth area. He said that included, in-'this consideration'.would be existing indUstrial tand~:and the:total-picture in the'Hollymead growth area. Heexptainedthat this inclUdes theUniversity's.Industrial Park,-andMr~ Wood's other property,~'as well as the propertyin question. He said that some oftheconsideratioms~. would.-be'..whether or notto add acreage or shift_acreage:in terms of thespian. He.:added..that this is what has always been done when,the Comprehensive Plan is considered for'additions, changesor modification to it. Hesaid thatone particular piece ofproperty.should not just be~considered,-butthe property that is between the.property in'question and the Hollymead growth area:should also beconsidered. He mentioned that there was a'request a coupleofyears ago from.the landowner toadd property, and this Board-indicated that itwas not the time to do it. He pointed out that this one piece of property is separate and apart from anything-else, and he does not think that this Board should rezone a piece of property .by itself, whether or not it is located~ across, from GE, without looking-at the zoning and~the,plan in.effect now,~ 1Mr. Martin stated that he:would like to. know if looking at all of the pieceS:-of .property,will seriously extend the amountof_~time needed~before a- decision canbe made on the one piece of property. Mr~ Bain .commented:that. he is willing to listen .to staff since~it has:not been,more than"two years that all..of.this was ~considered, andthe~staffknows the .arguments pro%andcon<:that were discusSed then.~. He said all that has to be considered.~now.iswhat~has changedsince that :time.. He.does not see it as a significant change;. -He would like'to hear what'staff has to say. '' 'Mr, St. John said he understands that Mr~ Wood is not requesting waiver of any.requirement for a public hearing before~the Commission and:Board. He stated that Mr. Wood is not saying that the~Board should bypass that.~ Mr; ~ 319 January 8, 1992 (Regular Night Meeting) (Page 32) Wood agreed. Mr. St. John said the only thing the Board would be taking out of order is its own policy about the semi-annual acceptance of private appli- cations for changing the Comprehensive Plan. He added that this is no problem if the Board wants to do it, because it has been done before. He went on to say that Mr. Wood is asking that this request be treated as a Board-initiated request. He said that private applications are subject to these limitations, but the Board can adopt a resolution of intent which is not limited to the semi-annual hearing schecule. If this is what the Board is heading toward, then he would think that if the time is as crucial as Mr. Wood implied, then this Board would have to have a rezoning request filed at the same time the Comprehensive Plan amendment is considered. If this is not done simultaneous- ly, the time for public hearings for the amendment will have to be set aside, and.~whenthat is finiShed~.~the process will have to start for the rezoning. Mr. Bain stated that he is not sure that what Mr. Wood knows about the company'at~this~time is enough' to. know what kind~ of rezoning he is seeking. Mr. Tucker repliedthat Mr. Bain has brought out a good.point. He,asked~if.it is necessary for.any firm to. have the land'rezOned by.the timethat firm:makes its'decision on where it will locate. He added that if the County is recep-. rive to rezone land for an industrial use, and this determination~is made- . through a Comprehensive Plan amendment, the actual rezoning couldfollow after that. He does not see that zoning would have.to take place prior to the regular April deadline. Mr. St. John com~entedthat there is adanger involved with the action to Which Mr. Tucker is referring. He said that this means that the plan_change~ will be made before, anything isreally known"about this company. On this basis, thecompany is going to commit itself~and make'its plans to move~here when the County does not know anything about the company, and the company does not have a rezoning request. He went on to say that the Board:cannotlegally commit itself to rezone property in the future when public hearings'havenot been held. Mr, Tucker said that.this is his point~ He asked;how the Board could. commit itselfto rezoning when the information is not known. Mr; St; John statedthat the. Boardcantt-commit.itself to rezoning without more informa- tion, and that is why he doesnot see how a lot of time can be saved by.doing it this way. He said~that the company name or where it is now located does not have to be disclosed, but he thinks that more information is needed as.to what the company is going to do. He askedhowthe Board can get around:that- obstacle, i ~ , ~ ~ . Mr.~Wood replied that~it is.very easy to. get around.~that obstacte~ ~He. said thatthe County has a Zoning Ordinance~with categories in it, and this ~ company.~has said that~the present designation~of light industry will fit~its~ needs.. He pointed outthat the company representatives have been hereon.five different visits. He said that they have not just looked at this site, in fact it was the last site they examined. He added that they even looked a~ the UniversityResearchPark~ He asked Mr. Cilimberg if the~company represen- tatives had met withhim~-or some ~other County person. Mr. Cilimberg replied that:the company~representatives had met with himand persons in the communi~ ty. Mr; Wood'stated that the County staff had met with these people at the~_', 'University Research Park. Mr. St..John aSked~.what this hadto do withthe.: procedure. Mr, Wood replied that it is very impertant~to~the Procedure~. He'said.~ that this company~has said thatif, it comes to Charlottesville, it will.build on this property because..~ofthe.physical~constraints involving onemillion~ square feet. Headded that Albemarle County does not'have flatly'land, and'this buildings'will have 24 acres under roof. He pointed out,,that the:University Research Park. doesnot~havethat.~type of land He said that theland ~could be given~to-them, but~-it Would,take more.than the~landcost to. develop it. went-on to say that if the Board shouldnhoose to go forward with this' ~ pr0.ject, there could be'conditions-subject to the information that this company has given to the County, which is that a Light Industrial zoning will accommodate its needs. He stated that it is already known that the company is January 8, 1992 (Regular Night Meeting) (Page 33) 320 a non-polluting enterprise. Mr. St. John asked Mr. Wood if he is asking that the Comprehensive Plan and the rezoning processes be started simultaneously, or if he is asking for the two processes to be done in sequence. Mr. Wood replied that he is asking the Board to go through these process- es in the fastest way to accommodate~this firm. He said that a provision could be included that if this firm has lied and is not what it indicates, he (Mr. Wood) will withdraw the application. Or, he stated that if the Board decides to go ahead with the application, there could be a condition that the zoning only lasts for 90 days, and then it reverts back to its normal zoning. He is asking for a show of support for this company. He is not going to try to get his property rezoned to bring in somebody else if this company does not locate here. He addedthathe wants.no zoning on the property, and if this companydoesn't come here, then the Board can forget about it. He is talking about a one time situation. He said that he is trying to provide jobs, and this is an-,important issue, and it is a, matter of life to'this community.~'He reiterated that any provision or time framecould be put onthe_application that the Board~desires. He said'that discussions such as this one will cause the County to lose this business. Mr. St. John stated that he is simply asking what Mr, Wood wants the~Board to do. He,asked if Mr~ Wood is asking~ the Board to start the rezoning process for tight'industry~at thistime, as well as a Comprehensive Plan amendment Mr. Wood answered that to.his knowledge, legally there has to be a Comprehensive Plan change~first_and thenthe rezoning can be done,-.Mr. Tucker explained that the Comprehensive~Plan change-and the rezoning canbe heard~ simulatneously. Mr. Wood commented~that from~a time standPoint, he'is asking that they~be done simultaneously. Mr. St. John stated that they can be done together.~He said~,that,a'motion, couldbe made for~the ComprehensivePlan'change~andthen~. immediately a~motion~could be. made.fora rezoning. Hewanted to~makesure~, that the rezoning forwhich Mr...Wood is asking is for~"light~industry. Mr~ Woodagreed that the company has indicated that it can complywiththe light industry zoning criteriaof this County. · Mr._Martin asked~what should be~done if this Board wants to speed up the process.~ Mr. St. John stated that the Board could pass a resolution of intent on both of.these~ and~the staff'could start work tomorrow on~a report on a Comprehensive Plan change andrezoning for lightindustry for this property~.~ He.said that the Zoning Administrator has not ruled that what this company will be~doing is going to fit into the light industry category, because she has no idea what the company is going to do. He reiterated that this is the fastest way to handlethe situation. ~ ~-. Mr, Martinwondered if the Board adopted a resolution of intent if tha~, Board-will get ~a recommendation as to what kind.of provisions wouldbelin the zoning change. Mr. Bain explainedthat the'.staff would do its-normal report based~on the informationthat it had relating toga regular rezoning .If the staff does not get the information~it needs, then it will not be a complete staff.report, and it-will be up to this Board to decide what it wants to do based on the information-in hand.: Mr. Martin..asked if.the.Board .can develop aresolution and get, further information, and~then make a~decision. Several Board members explained-.that' the matter-has' to go to the Planning COmmission before-itcould be heard by this Board. Mr. Martin asked the BOard to excuse him for not knowing all of the processes~ He said that he is new to the Board. He stated that his objective isto getlthe informatiOn.lthatit~takes to make. a~decision.' Mr~Cilimberg remarkedthat~he understands'whatthe Board~members~are-saying, and.he is going to suggest-, in Mr. Wood's interest and-~the interest-of time, thatif'the resolution of intentwere passed tonight to consider.an~amendment.to thePtan, the~staff could be fairly specific as to how that amendmentto the Plan~would be undertaken. He .said that the commitments could lead to-the amendment to the Plan. He.reCalled that before-the Glenmore rezoning, the Boardamended the Plan with very specific conditions as to how that particular area was to be developed, and it led directlyinto the-rezoning. He stated that a rezon- ing review and report with traffic studies, etc., is.going to take at least three months ..... January 8, 1992 (Regular Night Meeting) (Page 34) 321 Mr. St. John asked how traffic studies could be done when it is uncertain what this company is going to do. Mr. Cilimberg replied that he is not sure that the Board is going to want to rezone property without that kind of information. He added that what he is saying is that with an amendment to the Plan that is structured with conditions, if a resolution of intent is ap- proved, this type of situation can be studied and completed more quickly than a rezoning application. He noted that a rezoning application could i~uedi- ately follow, but, at that point, he thinks there would be some commitment made by both the applicant and the County to assure both parties where that particular area stands in terms of the Comprehensive Plan. That would lead to the rezoning action ultimately taken. He is thinking that this can be done, from an amendment standpoint, in a shorter period of time. He suggested, if ~he~Board wants to proceed,..to goAfo=ward in that direction. Mr. Bowerman asked if the County and the company will both be committed at that point. 'Mr~ Bain-asked to what the County and.the company would.be"~'.. committed. Mr.' Bowerman:answered that he iswondering if the County and-the company-would both be committed to proceed with the project. Mr..St.-John answered, "no." He'said'the Board needs to go'further than the rezoning: asked at what point this company is.going_to disclose its identity, as.GE did. He went on to:say that.when GE was seeking to buY land, it'did not disclose;.: what:company it:was, but before-the land use-approval was done~'GEagents made presentations of-exacttywhat was going to'be,done, the appearance, of the building, andwhat..the transportation was going-to be like with the:products so that hazardous,waste, ifany, could be. considered. He.wondered what type ofproducts the new company will. be bringing into.the County, what-type:of machinery willbe used and what. by-products will-be produced. Heasked again, at..what, point this company's representatives plan to stop being anonymous both to. its identity and activities, and indicate, if not who they are, what they will be doing. Mr~ St. John stated:that at some point these company represen- tatives will have, to do'that. Mr. Bain agreed. Mr..Wood replied that he.can.only speculate as to'the answer to Mr: St. John!.s queStions..He-added that the deadline for'selecting a final, site.is .... currently mid-April..Obviously the companyagents will have to makeallof these .things knowns, He. recalled that..with the GE situation, the County went forward..with the rezoning before'GE was identified. Hesaid.that'the Board-is tatking'nowabout a.site.plan. He went on to say that if:this company meets the light industry specifications~ then it will be subject to.a site plan. 'He wondered why there would be a'.problem if this company meets the proper crite-~ ria. The issue that this Board has to decide is whether or not this~Board wants to amend the. Master Plan in light of the fact that'this company's only choice of property is.in a location outside of the. Master Plan. Mr. Bowerman asked, if all of this is done, would the company be willing to-address the concerns of the Board~ He-added that the traffic study would develop, based uponwho is working there and where they will be living andthe effects on Route 29, etc., including the construction.of .the' roads. He'said that the company agents would havetoagree that, when the rezoning process is done and the Planning Commission and Board review it, just as allapplications are reviewed by law, there bea commitment on their part'to follow'through,-on whatever theyneedto:provide in terms of.the road construction or whate~er else~is needed. Mr, Martin asked~what Mr. Bowerman means when.~he mentionS, road.construe- tion. Mr. Bowerman-stated that when a Comprehensive Plan..Amendment:(CPA).is undertaken, the .type ,of-business has to be ~known, so that traffic genera%io~ canbe'considered~ Thattraffic generation can .then be fed into the existing roadbed to find out what impact it will have, and what improvements will be necessary, etc. Headded-that this is part of a CPA~because when the CPA is done,, there are-certain places with Light Industrial zoning and certain, places that'are residential..~He.said thatthe maximum.developmental potential, is~- considered withthat type of light industry classificationand the commercial classification, and-from that, aplan for that area is developed.. He noted that the same one exists for. the Hollymead growth area.withMr~ Wood!s land acr.oss fromthe airport and with theUniversity's industrial park. He said: that it is.~not a'process, where a person just states that:-he wants to do a: cer'tain thing in a certain place. He added that the County has land that is zoned for industrial use, but this applicant does. not want that land. He thinks.that if the~'Board~can.accommodatewhat M~Wood~.and this-company.'_are,~-' 322 January 8, 1992 (Regular Night Meeting) (Page 35) requesting, then there is a good chance that this Board will consider the request, but a mechanism has to be found within the law that will allow the Board to do that. He said there are certain parameters that have to be followed. He added that if a community had no zoning ordinance, then it would probably be easy, but this County has an ordinance, and that is probably one of the reasons this company is interested in locating here. This is a beauti- ful community, and it has been kept that way. He told Mr. Wood that the Board is trying to accommodate his request, and he asked Mr. Wood to help the Board to figure out a way that this can be done. He said that the Board and Mr. Wood should work together. Mr. Wood stated that his recommendation would be for the Board to under- take,to Change the-~.Master~Ptan,, afterthe staff has done its study. He said that he,will be glad to show members of the Board or the staff the property. He added that the Board needs to make the determination in this particular case~of.whether-or.'~not an additional' 75 acres;of..light~industry~witl allowed to locate in an area that is not yet:zoned.f0r it., He said. that~from that point, the Board will have the powers, through the,site plan'process, to make certain, provisions. He added that this Board~has put certain, conditions,; on.his plans many times in the past..~ . Mr. Bowermanwondered if Mr. Wood meant that the rezoning would bedone~; first. ,He'said that the site plancould bedone at the same time asthe' rezoning. Mr. Cilimberg stated that a proffered plan is all that~is necessary to start the:amendment process. Mr. Bowerman said that this plan would givethe County the~assurance~that the~company would do'certainthings. Mr. St. John told Mr. Wood.that~he has the standing to make proffers even though the company is really agreeing todo certain, things. He said that Mr. Wood, as the owner, could foster 'the amend- ments~ He asked Mr...-Wood if he'-has'discuSsed proffers with the company representativesso'~that it will bectearer.what-wili'be doneon the property:~: Mr. Wood replied that no .proffers have. been offered, and none have been"~ asked'for~in the negotiations~ Hesaid that not one time did the company representatives ask for tax breaks nor'did they ask what the County has to offers. Mr..St.'"John stated that he is nottalking about~the~same thing to:~ Which Mr,,~Wood is referring. Mr~ St.~ John'said that he is talking about proffers as far as what'~'the;~company intends-to doonthe property without disclosing the company's name. Mr. Wood responded that,he is willing to proffer to the extent that the~' company is anon-polluting research~and development and a'light~ manufacturing company. He reiterated that ifthecompany agentsare lying to him, then he will withdraw the'application. Mr,.St. John answered that this is what~. concerns~him. He, said thatMr. Wood keeps mentioning what,will happen if thingsdon't happenas companyrepreSentatives indicate. He said'that~the~; only way to validate these remarks is for someone to proffer certain things. Mr. Wood answered that he will. proffer to the criteria.that,,he,read the Board tonight. Mr. Bowerman stated,that if the situation gets to thepoint that,the Comprehensive Plan Amendment is recommended~to the Commission.~and this Board, the map might show. more than~.a hundred acres zoned LightIndustri- al; and-the'map might show.some, LightIndustrial"and Heavy Industrial.zoning disappearingrsomewhere else. He said that if this Board approves a Comprehen- sive Plan Amendment, without any zoning in place, what would show in terms of what this :organization needs to proceed with an actual commitment. It doesn',t look possible that,eVerything can. be done in the time frame offeredwithout full disclosure as~to what company it is and the presentation of a site'.plan. He is trying to see the~minimum action that needs.to be taken in.the-time frame:allowed~ -He~doesntt, however, want,to lock the County into~anything, but'he would like,to-givethis company anunderstanding and assurance~that'the Board is serious about looking at what the company has to-offer. Mr. Bowermansaid this is not a~simple issue, although the-statement_that jobs areneeded is simple~ He does not think there'is anyoneon the~Board who would disagreewiththat,-but<it isa complicated isSue to~get, everything~in ptace~.He.said thatit is not easy where~there~is zoning and'where the~ ComprehensivePlan and-the zoning will need to be changed,, when~it is not knownwhat company it is or the specifics aboutthat company. He noted that January 8, 1992 (Regular Night Meeting) (Page 36) 323 this is not the way things are normally done. He said the company could buy the hundred acres from Mr. Wood and proceed. Mr. Wood is saying that the company does not have the feeling that this community would rezone the land, and change the Comprehensive Plan, so the company is not going to buy the land nor make a commitment. Mr. Wood is asking for some type of assurance, which this Board cannot legally give until a vote is taken, about what the future holds for this community and that company. Mr. Bowerman asked how something meaningful can be done before the fact. He asked, too, if the CPA process is enough demonstration by this Board of what Mr. Wood is seeking, if it is done in a reasonable amount of time, based on the information provided staff and whatever resources are available. ~,~._,Mr.~Wood answered that if Mr, Bowerman means that the County will move fOrward-to undertake a Master Plan change and a rezoning, then the answer would be, "yes." He went on to say that this is what this company wants to see. He~saidthat after,,thecompany representatives lookedat this~piece~of property, they came back and talked to someone at the County. ' He added~:that the representatives cameback to him immediatelyand indicated that they were told. that they could not~ locate here~ He said thiswas when he came to.visit several County people, and informed them ofthat very thing. ,Mr. Bainwondered if Mr. Wood thinks that it is not enoughif the Board starts the process for a CPA change~and moves, forward in.a reasonable, time frame, with a normal public hearing process. Hesaid that with this process,~ Mr.~Wood-could get'back~-to the Board~by some time in March. Mr. Wood~respond- ed thatthecompany has indicated that it does not fit into the County's mold, and this causes problems. He stated that the Board is here to solve problems, if the problem~is.worth"sol~ing:~.~He~said that this~is what he. is asking the Board. He disagrees with the Board memberswhen they say that they cannot do this. He said the Board members~,can do this if they want to do it. Mr~ Bowerman answered that there are.certain thingsthat this Board can do, but~he, is trying to address this as a practical matter~ He said that Mr; Wood brought the Board an opportunity, andthe Board is trying to'address this opportunitywith the tools that it:has with which to work. Mr. Wood stated that he is requesting that the Board look at this particular piece of-property for.light, industry and proceed to rezone it for light industry. He is willy ing,~to..protect:the County., to proffer exactly'the criteriathat the company has listed, such-as research.and development and light manufacturing. He added that, company representatives say that. their businessis a~,"top~drawer", very-clean business. He reiterated that if the company is lying.,-then~it~will not come to this County. He.does not understand why there is so,muchconcern withthis~,criteria.. He said, again that he Would proffer,to this criteria;'and if the company, produceS'foul~chemicals, then he Will not want it on his, land. At this point, he said that he wanted to give.an exampte of.what happened, a few years ago. Mr. Bowerman remarked, that the Board'is dealing withthe present situar tion. Mr. Wood. continued withthe example that he mentioned by saying that there Was a company that he was dealing with-approximately five years~ago~ He said that he brought the representatives, to meet with several, of the County staff .members, and they talked about a zoning:change anda time frame. He said that the company representatives asked what would be the time frame',to get permits. He added-that. Mr. Ron Keeler.looked at his calendar, _and stated thatthis:.company's requestwould be put on theagendainapproximately,six to eight weeks. He went on to say--that the company representatives leftthis_. community~the~next day and went..to Rocky Mount, NorthCarolina. He said.that this isa fact, because hisbrother~in-law is an attorney for Rocky Mount', North Carolina.-.He~statedthat.-the company~representativesmet~with'the., supervisors in Rocky'Mount, North Carolina, the .next.day, asked the'Board about the time frame, and the Chairman said that a special meeting wouldbe called tomorrow. He asked the Board, again, not to say that it can't be done. He said that maybe this 'is not what this community'is all about. Mr. Bain told Mr. Wood that this is-not what thi. s community is. ail about, He said that threats will not get Mr. Wood anywhere, and heis~not going-to tell anybodythatthings can get. donetomorrow. Mr. Wood.said if,the-Board needs help, he will. bring itthat help. He went on to say that'if the'Board 324 January 8, 1992 (Regular Night Meeting) (Page 37) members want to make this an easy decision, then they must tell him tonight, and next Wednesday, at the Supervisors' next meeting, he will bring them all the help they need to make this decision. Mrs. Humphris stated that she did not like this type of ultimatum. Mr. Wood said that it is not an ultimatum, it is a fact. Mr. Bowerman said that this is not getting anyone anywhere. Mr. Wood remarked that he is talking about jobs and that is something that is bigger than anybody in this room. He said that he knows some of the Supervisors are not interested in that, but this is what he is talking about. He added that the Board needs to let the citizens in on this process. Mr..Martin commented'that if this Board decides that it wants to speed up the process, he believes Mr. Cilimberg and Mr. Tucker have both said twice that they know the mechanism for doing it. He assumes that Mr. Cilimberg and Mr, Tucker are the experts, and Mr. St. John is. the County's.attorney~to:let the Board know if it is doing..anything iltegal~. Itseems~to him that. if this Board decides to speed up the process, then the experts should tell the Supervisors how to do it, and the Supervisors will decide whether or not it is their desire. He said that first of all,~the decision has to be madeas to whether or not the Board even wants to speed up the process. Mr. Bowerman asked Mr.>Cilimberg how.soon theComprehensive Plan Amend- ment could be done. Mr. Cilimberg replied that the Board could approve a resolution of intent tonight, He believes that the staff could~have something tothe Planning Commission by March 1. Mr. Bowerman%stated that this is~unacceptable to the applicant. Mr. Citimberg replied that the applicantapparently feels that this is unaccept- able, but he noted that~advertisements have to be done for the CPA and the rezoning~ Mr~ St. John remarked that~he would.like to discuss the quickest way that this matter could be handled. He.said that under the Code, the County would have.~to~do its_normal advertising. He stated that there"has to be timetodevelop a staffreport, bdt while this is being done, the advertisr lng couldbetaking'place, He pointed out that he is not advocating that~this be done~ He said that he,is.just telling the Board the fastest way to handle this matter, if that is what this Board wants to do. He added that there could be a'joint'~meeting ,of the Planning Commission and this Boardwithone~ public hearing, and the Planning Commission Could makeitsrecommendation. He went on to say that right after that, this Board could make,its decision He stated that. the quickest way this can be done will be dictated by how long it will take to develop a staff report. Mr~ Perkins mentioned that, if the Planning Commission had its ~meeting on Tuesday, this Board could'meet on.Wednesday. Mr. Tucker and Mr., St. John~ agreed~ Mr~ St. John~said that-~it could be arranged, but he reiterated?that it is possible' to hold a joint meeting. . Mr. Bowerman thenasked Mr. Tucker and Mr. Cilimberg, in light of the~ - staff report and information from the.applicant, what is-the shortest period of time involved. Mr. Cilimberg..repliedthat if the advertising could be,done the.first.of February,~the matter could be on the docket for the Planning Commission the latter,part of February, He saidthatthis~would allow the staff an opportunity to meet with Mr~ Wood and~anyone else who. Mr. Wood,ants to bring in,to providethe staff:with information. He noted~thatithe staff:~-' has to talk with the'other agencies involVed in,the review~and recommendation. Hepointed out that this is not a simple process, unless the Board members can make the decisionlright now and can direct the staff to make the necessary changes. ~He saidthat in~.that case, the staff.:would write a report tothat effect. He added that if the Board~wants~the staff'to~truly look. at the. situation andcome ,back to theBoardwith~information on the discussions~that have_beenheld tonight, he is giving the BOard thereasonable time frame for this to be done. Mr, Bowerman asked if the earliest time that the staff could get the information back t.o the, Boardwould~be the end of .February. Mr. Cilimberg,,~ replied,~ "yes." Mr. Bowerman pointed outthat'the time frame thatMr. Cilim- berg is suggesting would.be .six to seven weeks from.today. Mr. Martin,remarked,:that a letter cOuldalso be sent to the State, and thiswouldmean that theBoard.~would have made two, gestures. He. added that. this may be all,that the Board can do; Mr.' Wood commented that.the gesture~,of January 8, 1992 (Regular Night Meeting) (Page 38) 325 the letter to the State would go a long way with this company. He said that the company's representatives have heard that there may be a problem with Albemarle County being receptive to their company. He stated that the company representatives asked him about the Board's feelings on the subject, and he told them that there could be a two to four vote, and they were not happy with his reply. He added that these people were shocked that they were not going to be met with open arms. He went on to say that people in other places are trying to interest companies such as this one in coming to their counties. He added that the company representatives told him that there is one location where the state is giving them the land. He said that this is a competitive environment, and people are concerned ~bout these things today. He stated that the company's representatives know that there will not be competition for ~he'lo~ation of the?company here, but~they certainly want to be welcomed. He went. on~to say that they want to know how they will be received in this con~nunity, and they don't want to come into a negative environment. He po.intedout tha~'the.discussions tonight will"certainly~not~help~the..situa~-' tion. He said that the.other five communities'are:~not going through this wrenching process,. ~ Mr~Marshall stated that he has been. listening for a long,time and trying to.figure out a way to'satisfy everybody. Hesaidthat_:basicallywhat he was trying to get across last weekwas that the Supervisors, should~send a message to.~thiscompany'and othersthat the Supervisors are not as they areperceived by'the people in Richmondand the~people of this community. He.added ~that the staff and Board memberscan argue .about hoW to proceed,~but the wayto,proceed is~to change things. ~He said that if the letter-to the,State can'solve this situation, then it is a step.in the right.direction, and~he thinks that it should~-be.done. ~He also. thinks that~i~the second issue shoutd be examined. He said that some of~theother. Board members had made the statement last week that either the owner or the manufacturer had to,appear~before~the Board. He said~that~.the owner is here tonight, asking for.this,Board~to at leastlStart a process or a resolution of intent. He said'that_he, is willing to go along with.that,.not to,make Mr. Wood a wealthier man than healready is, but because the people,~of Albemarle County need this business. He realizes the Board, and'staff can argue about~all'of the.flaws, etc.,.that~have to be saris-. fied, and he is not making any proposal that laws,be.broken, He said that~ thiS.is anOld problem, and perhaps he is.looking at it too simply. He just wants~this Boardto make a statement'to~the publicand tothe manufacturing~ company that allwill bedone that can be done withinthe lawto help this plant loCate here, if it is the type of ptant thatMr. Wood says it is, and,~ with certain conditions Mr~ Marshallthen-offered ~otiom for'the. Board to adopt the following resolution of intentright now. ~Mr, Martin said that hewould secomd the motion. R E S O L U T I ON 0 F- I-N T E~N T BE IT RESOLVED that the Board of Supervisorsof Albemarle. County, Virginia, does herebystate.its intent to amend the Atbemarle~.County ComprehensivePlanfor'land located onRoute29 North in the, vicinity of the General Electric. plant to show~land.as~Industrial based on,~ statements made-by the owner, ~Wende~t~W.- Wood, at a meeting-of the Boardof County Supervisors on January 8, 1992. FURTHER requests the Albemarle County Planning Commission.to hold public hearing on said intent to amend the Comprehensive Plan, and does request that the Planning~Commission send its recommendation to~~ this Boardat the:earliest possible moment~ Mr. St. John pointed Out thatthis could involve rezoning of the proper- ty, too. Mr. Bowerman stated that ~he Comprehensive Plan amendment and the rezoning could be~done separately. Mr. Bowerman~toldMr. Woodthat he had heard the time schedule, He,said thatthis Boardcould approve something, but Mr. Wood and the company'mightthink~that it~will take too long. Mr~ Woodreplied~that he will not say anything will take.toolong~ but he cannot speak for the company's representatives. Me said that these represen- 326 January 8, 1992 (Regular Night Meeting) (Page 39) tatives already know that the property is not zoned for light industry, and they know the process. He added that they know that this will have to go through the normal process. Mr. Marshall stated that if this company really wants to come here, then it will wait for the legal course of action. Mr. Wood agreed, but he said that the company needs an indication from the Supervisors as to whether or not they think that the rezoning, etc., will happen. He said that there is no sense in wasting the Supervisors' time, if they know that they cannot meet the company's time frame. He added that the company wants to know if the Super- visors think it is desirable to have this company locate here, and, if so, they need to make an overture in that direction. He thinks that an overture should be in the form of a letter.from this Board to the Governor's Office stating the same information that has been given to the County. He said that the letter can indicate that if the industry is clean, a light manufacturing facility and a non-polluting facility, then..theBoard..isinterested.in having the company in its community and will welcome, the company to thiscommunity. He does not think that it is wrong to ask the company to come forward, at the earliest time possible, and divulge its identity. He pointed out that obvi- ously the 'company cannot make its identity known~right away, becausethe company might be closing down in'other cities and would, not.want the:wrath from the people in those places until the new location is definite.. He said that this is a sensitive issue from the company's standpoint, He.stated that as a landowner he wants a quality industry located here~ and.he does not want to'commit to it if it is not aGE type facility. He said that the company representatives used that example when they weretalking to him.. He added that the Supervisors could include in their resolution.that if the company is not'a'GE type facility, then it isnot welcome in Albemarle County; He stated that~he, dOes not have any problems with that statement in the resolution because he is not looking'for smoke stacks and steel mills. . . ' Mr. Bowermanasked~when the time schedule would allow for the-information to be given to the Commission. Mr. Tucker replied that:the, staff will try to get~'this matter'.to.the Commission bymid, orlate-February~ depending on what information.the staff-feels is.necessary to'make, the same~sort~of-review that the..Commission'would-do.for any other, similar application.~.He,saidthe.staff will get other information from Mr,.Wood~or the~.State.. Headded'that:'the-~ staffknows theland-area:.that Mr.;..~ood mentioned, and the staff'is-trying'to find outwhat impact the-company will'have on that particular"growth area. saidthat with the advertising and the work that has to bedone, hethinks that something will be given to theCommission in February. Mr~ Bowerman replied, that he just wanted to get'an idea of how fast:this matter:can be handled within the confines of what has to be.done by the~staff, Commission and, Board.- He pointed out that this is pushing the matter as fast as this community .can pushit. Mr. Wood stated that he thinksthis will put the County in a very favorable light. He said that'the.company representa~ rives'are business people, and they certainly have, to appreciate that the proper'zoning is not"there-now, and the Board is.moving in avery.timely fashion._-He added-that this is theoverture~that needsto'be made,.and~he thinks the Board~has taken the step, that this company'wants to'see~ -. Mr, Bowerman::stated that there is a.motion before the Board. Mr; Bain commented that it is the ' ' Board, s motion and not the applicant s motion, so waiving-the~process does not have robe considered. There was no further discussion, so Mr. Bowerman asked the Clerk to call the roll. Roll'was~called, and themotion carried .by the following recorded' vote: , AYES: NAYS: Mr,. Bain, Mr~ Bowerman, Mrs. Humphris, Messrs. Marshall, Mart~n and, Perkins, None. Mr~Bo~erman~annonnced~that the motion.~to adopt the Comprehensive ~Plan amendment has been approved. Heasked if the Board wanted totake up the issue'of some-sort~of~communication between~thisBoard and theGovernor~s Office of Economic Development. '~ 327 January 8, 1992 (Regular Night Meeting) (Page 40) Mr. Bain wondered if the staff could bring the Board something to its day meeting next week relative to the cox~unication to the Governor's Office. Mr. Bowerman said that he had already asked Mr. Tucker to start getting information together so that the Board will have something to work with. Mr. St. John asked if anything was going to be done tonight about the rezoning of the property. Mr. Bain stated that Mr. Wood did not say that it was necessary for the Board to take up the rezoning issue at this time. Mr. St. John answered that Mr. Wood did say that the rezoning issue needed to be considered by this Board. Mr. Bain responded that Mr. Wood indicated, at the:~-:,end'of they':discussion, that the Board needed to send a message to the company and the State with the Comprehensive Plan amendment and also in the form of a letter to the Governor's Office. He said that this is what the Board has'done. Mr. Bowerman said that Mr. Tucker could bring a rezoning request to the Board next week. Mr~ Tucker suggested that:Mr.'.Wood makethe application for rezoning so that it witl go,with the CPA, .He said'that Mr. Wood.should then have a proffer that he has written after talking to the company representa- tives. Henoted:.that he.was getting concerned~that the,.Board,~might.':adopt- something relative to~rezoning, and the.staff does nothave any proffer in writing pertaining to this issue.' Mr. St. John agreed that Mr. 'Tucker was correct. Mr. Bowerman asked what isbeing suggested .... Mr..Tucker answered.thatif a rezoning is necessary, Mr. Wood shoUld:~make theapPlicatlon,:.and file~the:proffers with it, as he had indicated"that he would-be willing to do. Mr. Bowermanasked if someone'would ask,Mr; WOod to comeback into the meeting rOom if~he is still-in_the, outer~ hall. Mr. Bain stated that.he would, support .the CPA, as-long as it can be done within ~the time frame. '- ~_ After' Mr; Wood came back.to the room,-Mr. Tucker informed him' that the question, was". whether or' nOt, the. Board should' adopt' a. resolution to start;:the rezoning.,process. He explained that he had':suggested.,to the Board~that perhaps Mr, .Wood 'should make the application because there are proffers involved that have been discussed at this meeting. He reminded Mr. Wood that a proffer has to be made by the. applicant-or the owner of the property'. He thinks that this_would:be a-better pr. ocednre-to 'ifollow because the. rezoning~ application could follow as 'closely'as possible.to the, Comprehensive Plan amendment Mr.. Cilimberg told Mr. Wood that the staff would work with him on the timing for these two items. He said that the amendment process would be well along in ~ebruary, and"he thinks that-the,two..things~can' be worked, together;:. He ~stated'.that-this. is what he. had been trying to point out earlier. Mr;:Bowerman then asked if'this fini~shes the-issue:for'tonight;'~.Mr~.. Cilimberg ~rep lied, :' "yes," .... . ~.. Agenda Item No. 12. Appointments. Mr. Bowerman.asked if there were any,'appointments robe made~ Hesaid that .he would, like to rake'.care of'the Planning commission appointments, by magisterial districts .first, and:then the at-large appointments. Mr. perkins'made a motion~to reappoint Mr. Thomas' H. Jenkins to the.- Albemarle County Planning Comjnission representing the White. Hall DiStrict, for a term of ~four~years ending December 31, 1995. Mr. Bain seconded the motion, Roll was called,'and the motion carried by the following recorded.vote: AYES: NAYS: Mr~ Bain, Mr..Bowerman, Mrs;'._Humphris, Messrs. Marshall, Martin and Perkins. None. January 8, 1992 (Regular Night Meeting) (Page 41) 328 On a motion by Mr. Martin, seconded by Mr. Marshall, Mr. Thomas Blue was appointed to the Albemarle County Planning Commission representing the Rivanna District, for a term of four years ending December 31, 1995. Roll was called, and the motion carried by the following recorded vote: AYES: NAYS: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and Perkins. None. Mr. Marshall then made a motion, and it was seconded by Mr. Bain, to appoint Mr. William J. Nitclmann to the Albemarle County Planning Commission representing the(Scottsvitte, District, for a period of four years ending December 31, 1995. Roll was called, and the motion carried by the following recorded vote: AYES: Mr..Bain; Mr. Bowerman, Mrs~ Humphris, Messrs~ Marshall, Martin ~.Perkins. NAYS:~.None. At this time, Mr. Bain moved the reappointment of Walter F. Johnson for a term of two.years as the at-large member on the Albemarle County Planning Commission, term ending December 31,. 1.993. Mrs. Humphris seconded the motion. Roll was called, andthe motion carried bythefotlowing recorded vote: AYES.:~Mr, :Bain, Mr~'Bowerman, Mrs~,Humphris, Messrs. Marshall, Martin and ~,.~ Perkins.~ NAYS: None. Next,,Mr;~Bowerman stated that he would like to reappoint all of the members~of the Housing Committee, whose terms expired in December, until such a time as their report is completed. He thinks that this needs to be done tonight. Motion was offered, byMr~Bain,-.seconded~by Mrs. Humphris, to reappoint Mr.~ Kevin Cox, Mr. Forrest D~ Kerns, Ms. Virginia M. Greenwood, Ms. Karen' ¥. Lilleleht and Mr. Burton M. Webb to the Housing Advisory Committee for an additional~six months, with'said terms to:expire on June 30, 1992. .- Roltwas called, andthemotion-'.carried by the~following recordedvote: AYES: Mr'~.~Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and Perkins. NAYS: None. Mr. Tucker stated thatthe City has requested"that~therebe.a County representative appointed to the West Main Street Study Committee. He added that there will be one Council member who will be serving onthe Committee .and one University representative. He'.said that there-will be'~several mid-level and high level department heads'from the City.also.serving. He went onto,.say that. theCountyrepresentativecould be a Board or a staff member. He men- tiOned~that"if there was a Board member who mightwant to serve'on the Commit- tee, he or she could volunteer tonight. No one volunteered. ._Agenda Item No. 13. Approval of Minutes: August 7, 1991. ~No~minutes had beenread,~ Agenda Item No. 14. Other Matters Not Listed on the Agenda from Board members. - . ~.~ - ..... Mr;.Tucker said the. Paramount. Restor. ation Committee' is going to have..a'::.' press conference tomorrow at 10:00 a~m. and.the:.Boardlis.:invited to attend.':. He said the'press:conference will be held at'the Paramount Theatre~ January 8, 1992 (Regular Night Meeting) (Page 42) 329 Mr. Bowerman asked Mr. Bain to attend this press conference in his place, and suggested that anyone else who wishes to attend should certainly do so. Next, Mr. Tucker recalled that several months ago, the staff began working with Sverdrup Corporation who were contracted to start the environmen- tal study of the northern portion of the Meadow Creek Parkway. He added that a resolution has been developed, within budget constraints, and this study is beginning to move forward. He believes that this study will be completed within five to six months, and it will provide the County with a more accurate alignment for that area of the Meadow Creek Parkway north of Rio Road and around to Route 29 on the southern part of the Hollymead growth area. He said that.~it Will~also~providei'e~ough,~specificity that as development occurs along tha$~right-of-way, it can be directed and guided along that Parkway. Mr. Marshall asked if this~was the area~that was supposed~to,cost-the~-~: County $3.0 million. Mr~ Tucker answered that hethinks Mr, Marshall is referring to the area south of Rio Road. Mr. Tucker explained that he is talking about the area north of Rio Road. He said that very little engineer- ing or preliminary alignment has ,been done on:that area Mr. Tucker, next informed the Board that yesterday he, received a letter from the Virginia Association~,,ofCounties (VACO) in which'it indicated that the~Senate Finance Committee and the HouseAppropriations Committee willbe haVing joint hearings around the State beginning tomorrow, which will beafter the Governor's "State of, the State" speech. He noted that the closest meeting for~Atbemarle!County is~in,~Richmondon Monday at 2:,00 p.m, in the General- ASsembly ,building. He said thatVACO is:encouraging commentsfrom local government officials or local government representatives regarding their fiscal~cohdition'and, needs. 'Henoted~ too,; that the~Governor~s~talkhas~been going on ,at the same time that~-,theS~pervisors have'their-meeting!tonight. Mri'Tucker received'a fax shortly,after 5:00 p~m;~from the~County~,s legisla- tiveliaison which indicated tha~'some of the reductions 'proposed by,the,~ Governor were: a $20~0/million'reduction~in~Virginia~water facilities, and a $10.3 million reduction in ,State aid to loqal libraries which equates to $440,000 for the County's regional library~ He went on to say that there'will be a $2.3:,million,~reduction,in ~State Compensation Board reimbursements to? localities, which is theCounty'sshare for~the Finance ~epartment, the Commonwealth's Attorney, the Sheriff and theClerk of the Circuit Court. He said .that there,,is a $1.0 million'reduction' to-theDepartment of Health,to localities and $1.4millionfor ,administrative servicesto the Community ServiaesBoard. ,He,said that staff wilt prepare something if someone, from the Boardwould like to make astatement, or the County's liaison-could handle it since,~she is already in Richmond. ~Mr., BOwermansuggestedthat-a statement~"be developed,,Mr.,,Tucker'~an- swered:that, the staff would have,to p=epare'and get~the~nformati0n to the Board, and then,call~,each ~Board .member to see what ~they, think, of,it,' ~,He is unhappy withfast tUrnarounds, but-lhe,thinks that,this isthe~way~it, is with the General Assembly this time of the .year Mr. Bowerman stated'that'he thinks this-needs',to be done, and-he,thinks that,.the County,s liaison wouldbe a'good person-to handle the matter,.unless theBoard'feels-that a Board member should go,to thehearing. Mr. ,Tucker noted that the person will be limited-to five minutes to,speak. He went on to say that Ms., Donna Selle-has indicated that she is encouraging as many repre- sentatives'from this locality as possible to show supportfor the libraries. He"said"~that a bus lOad~of people plan to go to Richmond to make their feel- ings.kn0wn about,the reductionin library funding. Mr; ,Bain'brought up the lodging tax increase, and'asked if the Board, would object if the County~asks for help regarding the fact that the City-has a~fivepercent lodging ,tax, and.the~County is limited to two,percent. He said that the County,~has asked for help concerning this matter from the Legislature before on a regular basis. He knows that Fairfax is interested in equal taxation, but he is unsure if other counties will join Fairfax. He ~added .that assuming there will not be a general tax ~change, thisBoard has said~in the past that it would tike for the~lodging tax~-to be,equal. He said that it is January 8, 1992 (Regular Night Meeting) (Page 43) 330 not a lot of money, but it is a start in the right direction. He said that he brings up the matter so that the liaison can be instructed that if this issue is brought up, Albemarle County should be included. Mr. Tucker suggested that the legislators should also be asked to support the County in this request. Mr. Bowerman asked if there were other appointments to be made tonight. Mr. Martin stated that he has an appointment for the Social Services Board. He then offered motion to reappoint Mr. Joseph Basil Young to the Social Services Board for a term of four years, beginning January 1, 1992. Mr. Bain seeonded.~the'moti~n~.~. Roll was called, and the motion carried by the following recorded vote: AYES: Mr.~Bain,'Mr. Bowerman, Mrs. Humphris, Messrs~.Marshall, Martin and ~Perkins. NAYS: None. Motion was then offered by Mr. Perkins, seconded by Mr. Bain to appoint Mrs. Betty Starke to a one year term on the Equalization Board, beginning January 1~ 1992. The motion was seconded byMr. Bain~ ~ · Roll wascalled, and themotion carried.by~the~following recorded'Vote: AYES:~.Mr. Bain, Mr, Bowerman, Mrs; Humphris, Messrs. Marshall, Martin and Perkins. NAYS: NOne. ~ Mr~.~Bain asked if other Board members were going to attend the luncheon meeting, with the City County and University of Virginia Board of Visitors. Mr. Bain stated that he would like t~ have a chance for the Board members to meet~with justCity~Council in open session. He said that the first meetingcould.be'informal, butthen~an agenda could be. worked out for=other meetings. He indicated that the Board'and.Councii"coutd discuss cooperation between the school systems, police departments, etc. He feels there needs to be an open,~line of, commu6ication, between the ~Board andiCouncil. He remarked that he wanted the Supervisors to think about this, because in a couple of weeks he will make a motion to this effect. Mrs~ Humphris asked Mr..Bain how often the two groups should meet. Mr. Bain replied that he would like to see periodic meetings, maybe every quarter or every six months, depending on. the issues. Mr. Bowerman .commented that this isa.-mutuat feeling, becausethe City would like to meet with~the County. Agenda Item No. 15. Adjourn. With no further business to come before the Board, the meeting Was adjourned at 11:05 p.m. Chairman