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Home My WebLink AboutSP199600004 Correspondence 1996-12-04 rr..ie, e.r lesc, LAW OFFICES • -N 5 1996 TREMBLAY & SMITH, LLP P.O.Box 1585 JOHN K.TAGGART,111 CHARLOTTESVILLE,VIRGINIA 22902-1585 R.LEE LW1NG§TON M.E.GIBSON,JR. HEIDI H.PARKER THOMAS E.ALBRO 105-109 EAST HIGH STREET CHRISTINE THOMSON TELEPHONE(804)977-4455 RETIRED PATRICIA D.MCGRAW FACSIMILE(804)979-1221 E GERALD TREMBLAY LLOYD T.SMITH,JR. VIA FACSIMILE TRANSMISSION 972-4035 December 4, 1996 Mr. V. Wayne Cilimberg Director, Planning & Community Development County of Albemarle 401 McIntire Road Charlottesville, VA 22902-4596 RE : 3600 Communications Company of Charlottesville Avon Cell Site, SP-96-04 Dear Wayne : Thank you for your letter of November 7, 1996 which I reviewed upon my return to the country. In your letter you seem to indicate that 3600 Communications Company was responsible for the cancellation of a Task Force meeting. While I do not want to engage in a letter writing campaign with you, my client asked that this apparent misconception be corrected. Bill Fritz will attest to the fact that 3600 Communications Company has been vocal and persistent in its efforts to expedite the process . No one ever called me or a representative of 3600 Communications to state that the meeting would be canceled unless 3600 Communications provided certain information. The meeting was simply canceled by Staff without asking the members if that was acceptable. In point of fact, a member of your staff called 3600 Communications employee Raj Tank and told him the meeting was canceled because Bill Fritz left the employment of the County and had not been replaced. Now that Bill Fritz has returned to the County, I believe the issue is behind us . 3600 Communications Company looks forward to continuing to work with the County and shares your hope that the Task Force work can move along expediently. Best personal regards . TREMBLAY & SMITH, LLP Page 2 Cilimberg December 4 , 1996 Very truly yours, M. E. Gibson, Jr. MEG/sp CC: Clifford I . Shaffer Raj Tank 28\S\Alb\Cilimber.143 .,.,,.,rte (1F AI.R�,t ti o A® tri J 'JV ,7/tGIN SP- 9&- ov COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 November 7, 1996 Mr. M. E. Gibson, Jr. Tremblay & Smith, LLP P. O. Box 1585 Charlottesville, VA 22902-1585 RE: 360° Communications Company of Charlottesville - Avon Cell Site, SP-96-04 Dear Mr. Gibson: In response to your request faxed to me on November 6, 1996, I have talked with Ella Carey, Clerk of the Board of Supervisors, and she will be including the above referenced special use permit application on the Board's December 11, 1996 meeting agenda. Appropriate legal notice, public hearing sign placement and abutting property owner notification will be forthcoming. I must take issue with your statement that the County has not reciprocated in efforts to cooperate regarding the issue of telecommunication tower siting. While the Telecommunication Towers Task Force did not initially meet until September 27, 1996, County staff worked during the summer to draft a proposal for development of locational criteria for wireless communication towers which was provided to the Task Force for its September 27 meeting and was a basis for initial discussion by Task Force members. At that meeting, it was agreed by Task Force members that the cellular companies would, by October 14, 1996, provide maps of the County showing where service needs to be improved upon. Staff would then assimilate that information together with physical opportunities available in those areas (existing towers, utility lines, public lands and structures, etc.) and present the information at a late October meeting (later scheduled for October 29, 1996). On October 14 United States Cellular provided the requested information to staff. On that same date, you indicated in a letter to David Benish that you were"attaching to this letter a list of specific areas where cell sites are currently needed by 360° Communications." However, such an attachment was not provided. Mr. Benish contacted you regarding the omission and you indicated information would be forthcoming. No such information was received by our staff until November 4, 1996. Because of the obviously competitive nature of the cellular business, staff felt it would be inappropriate to have the scheduled October 29 Task Force meeting if there was not a comparable level of information from all cellular companies. In essence, because we had not received the expected information from you or your client by October 29, staff canceled that meeting. I believe Mr. Benish communicated that to you. Furthermore, after checking with you personally on your schedule and availability, staff has rescheduled the Task Force meeting for November 26, 1996. I am disappointed that you have portrayed the circumstances as you have. I hold great expectations for the Telecommunication Towers Task Force in addressing both industry needs and public issues. I certainly hope that the Task Force's work can move along expediently, but it is only through open dialogue and timely exchange of information by all involved that such progress will be possible. I look forward to your client's continued active participation in the Task Force and, with their help and that of others, anticipate this process will move forward with cooperativeness and trust. Sincerely, or V. Wayn Cilimberg, irecto cc: David Benish Ella Carey SP-96-04 File 11/06/96 WED 14:14 FAX 804 979 1221 TREMBLAY & SMITH e001 Nor T LECOPY COVER SHEET TREMBLAY & SMITH, LLP P.O. Box 1585 Charlottesville, Virginia 22902 105-109 E. High Street Telephone: (804) 977-4455; Facsimile: (804) 979-1221 SEND TO: Wayne Cilimberg, Albemarle County FAX: 972-4035 Cliff Shaffer, Chicago, IL FAX: 312-399-2437 Gomme jlnstructions: Client/Matter: 360°/Avon/Albemarle Attorney Number: MEG Date/Time: 11/6/96 No. Pages: 3 (includes cover) The information contained in this facsimile message is attorney privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address via the U.B. Postal Service. Thank you. If there is any problem during transmission, please call the telephone number shown above. RECEIVED - r 11/06/96 WED 14:15 FAX 804 979 1221 TREMBLAY & SMITH 002 'NOV NNW LAW OFFICES TREMBLAY & SMITH,LLP P.O.Box 1585 Jowl K TAGGART.III CHARLOTTESVILLE,VIRGINIA 22902.1585 R.LEE LIVINGSTON M.E GIBSON, HEIDI H.PARKER 105409 AST HIGH STREET THOMAS E.ALBRO � �MMp CHRISTINE DIOMSON TELEPHONE(804?9774455 PATRICIA D.McGRAW FACSIMILE(804)9794221 E GERALD TREMBLAY LLOYD T.SMITH,JR. VIA FACSIMILE TRANSMISSION 972-4035 November 6, 1996 Mr. V. Wayne Cilimberg Director, Planning & Community Development ' County of Albemarle 401 McIntire Road Charlottesville, VA 22902-4596 RE: 360° Communications Company of Charlottesville (formerly Centel Cellular Company of Charlottesville) Avon Cell Site, SP-96-04 Dear Wayne: My client, 360° Communications Company of Charlottesville (formerly Centel Cellular Company of Charlottesville d/b/a 360° Communications Company) , requests that this case be reactivated and placed on the Board of Supervisors agenda for the December 11, 1996 meeting. Please let me know if this is a problem, and if not, please confirm that it will be done. Please note the legal name of the applicant has been changed to 360° Communications Company of Charlottesville. I am aware of the efforts of the Telecommunications Towers Task Force; however, those efforts have been extremely slow and virtually no progress has been made. My client agreed at the May 7, 1996 Planning Commission meeting to cooperate with the County; however, that cooperation has not been reciprocated. Six months have passed and we are no further along than we were in May. The Task Force met for the first time on September 27, 1996. A second meeting was scheduled for October 29, 1996, but it was canceled by Staff without asking the Task Force members if this was acceptable. The meeting has not yet been rescheduled despite my request that it be rescheduled promptly. My client simply cannot afford to suffer further delays and needs to move forward in the development of its business in a highly competitive environment. My client is seeking reactivation of the Avon project, and not the Hickory project at this time. The Avon project is not nearly as sensitive as the Hickory project. My client has reduced the 11/06/96 WED 14:15 FAX 804 979 1221 TREMBLAY & SMITH 0003 TREMBLAY&SMITH,LLP Page 2 Cilimberg November 6, 1996 tower height for the Avon project to 100' . The facility would be minimally visible in an area where there are already significant manmade structures and developments. My client wants to continue to cooperate with the County and will continue to be an active participant in the Task Force efforts; however, given the demands of the public for wireless service, the demands on the company's existing facilities, the highly competitive nature of this business and the mandates of federal and state laws, 3600 Communications simply cannot continue to wait indefinitely to process applications. Very truly yours, l (1"-- M. E. Gibson, Jr. MEG/sp • CC: Clifford I. Shaffer 28\5\Alb\Cilinber.135