Loading...
HomeMy WebLinkAbout1974-02-192'19-74 An adjourned meeting of the Board of Supervisors of Albemarle County, Virginia, was held on February 19, 1974, at 7:30 P.M. at Henley Junior High School, Crozet, Virginia. Notice of this change of meeting place was advertised in the Daily Progress on February 2 and February 8, 1974. Present: Messrs. Stuart F. Carwile, Gerald E. Fisher, J. T. Henley, Jr., William C. Thacker, Jr. and Gordon L. Wheeler. Absent: Mr. Lloyd F. Wood, Jr. Mr. Wheeler called the .meeting to order and said that this meeting was bering held to hear comments and determine the true feelings of the citizens of Crozet on the dog leash law which was enacted on November 15, 1973. He said the petition received by the Board in October contained approximately 90 signatures. The second petition signed by those in opposition to this law contained approximately 290 signatures. Mr. Wheeler then asked for public comments. Mr. Shannon Gimbert spoke first. He said the first petition was initiated by his wife, himself and some of his neighbors ,in July. He has had severe damage ~to shrubs .and his property by dogs and does not feel that he should have to install a fence to keep animals off of his property. Mr. Gimbert said he does own a dog and does have his back yard fenced. This is the first time in years that he has been able to stand in his front yard or walk down the street and not have a bunch of dogs chase him. There are no longer a pack of dogs chasing the school bus. He feels that if a person has a dog and thinks anything ~of his neighbors he will keep that dog out of other peoples yards. Mr. Pete Farish spoke next. He said he had an additional petition containing signatures of 40 people in opposition to this law. He said most people in the area have dogs for pets~ There was a child bitten by a dog last week but the dog came from outside of the leash area. He did not understand how it could be thought that by fencing a small area like this that dogs could be controlled when stray dogs are left to roam. He felt the majority of people in the area do not want this law. He then asked for a show of hands of those in opposition. Mr. Billy Crickenberger said he could not see one part of the county having this law while other parts are not covered. He said this is discrimination. Mr. Crickenberger said he has two dogs which are chained, however, occasionally they do get loose and go into the Crozet area. He said his mother had to wash clothes after a dog had jumped on them and she had lived through this, and others will ~{~ugh it. Mr. Kenneth Edwards said he lives in Orchard Acres. His son was attacked, along with two other boys, shortly after the dog leash law went int~o effect. The other children were taken to the hospital. A few weeks later his ducks were attacked and he called the Sheriff's Office to see how this law was being enforced. The Sheriff said if the ducks were being attacked he could shoot the dogs and if the dogs are allowed to continue running at large, Mr. Edwards said he will do just that. 2-19-74 Mr. Herbert McAllister said he lives on B'uck Mountain Road. His father owns 48 acres of land which is not in the Crozet Sanitary Distric~, but which is still covered by this law. Mr. McAllister saidwhatever the outcome of this meeting tonight, his dogs will not run loose during the day, but they will be allowed to run loose at night for his protection. Mrs. June McCauley asked where all the citizens of Crozet were on November 15. She said she. and one of her neighbors were at that meeting. Mr. Henley was asked directly if anyone disapproved of this law and he replied that one man had spoken to him opposing this law. She said she owns two dogs, but because she owns dogs this does not mean that she can infringe on her neighbors rights. Her dogs are registered and have had their shots. She asked what happened when dogs were sick and left their droppings for children to walk in or there were dogs that tore clothes off the line. She said when your neighbor laughs about this, it boils down to having respect for your neighbors. Mrs. Lillian Vess said she lives on Hilltop Street. She was unaware that there was a problem with dogs. She ties her dog in the daytime and lets him run loose at night for her protection. She did not know about the first petition for the leash law. Mr. Ralph Stalnaker said he had a dog which he kept tied all the time, however, the children teased him and he finally bit a child. He got rid of the dog because he could not afford a fence. He is not convinced that to tie a dog is the answer since there is more damage from children than from dogs. Mrs. Susan Miller said she lives in Orchard Acres. She understandS people not wanting to tie their dogs but she asked that everyone look mt the other side of the question. She does not own a dog or any other type of a pet. She has two children, one of which is afraid of dogs. Now, because of the dog leash law, this child is free to play in her own yard. Mrs. Miller felt that most people keep a closer watch on their children than on their dogs. People with dogs do not always know where they are and do not care whose property the dog is destroying. Mrs. Kathy Basford spoke next. She said there is one aspect of the leash law which had not been thoughtp~f. Her husband has an illness and if he receives~, a scratch, he goes to the hospital with gangrene. Just recently the doctor said he must walk one-half mile a day in the morning and afternoon. She said he cannot do this because of the dogs which are loose. She did not feel that most people want their neighbors to be intimidated by their dogs. She said it is not fair to infringe on her rights and s~e thought the people must take the situation into hand and consider the rights of others. Mrs. Jane Fisher said she does not have a dog at this time. She did have one and kept it in a fenced in place. However, she got tired of other dogs coming into the y~rd and tearing up toys so she let the dog run loose. The dog was in her yard playing with children when three dogs came into the yard, pulled the dog across the 2~19 -74 road and her dog.was so badly injured that it had to be put to sleep. Later, the same thing happened to another neighbor with dogs and another neighbor with cats. She said she will not keep her children.~ in the house because of stray dogs. Mrs. Fisher said she hopes this matter can be settled because she feels the same as the gentleman ~. who spoke earlier, she is ready to use a gun. Mr. Tom Amato said he lives in the middle of Crozet and he lets his dog run loose for protection. He said there have been people roaming around his house at night and the Presbyterian Church kasbeen broken into. Mr. Hom~ Bruce asked if the license fees pay for damage to property. Mr. Wheeler said the money paid for dog tags is used to pay the salary of the Dog Warden and the expenses of that office. It is also used to pay for any livestock that might be damaged or killed by dogs. Mr. Bruce said that a dog is usually a child's best friend. At night he feels that dogs should be loose for the protection of his family. He felt that the citizens of Crozet did not get their rights when the first petition was taken around. He was not asked to sign and he thought every citizen should have been contacted. Mr. Bruce suggested that there were not enough people from either side presenn tonight to justify what has been going on in Crozet. Mr. A. D. Dale said the dog p~roblem is not just local, but is county-wide. He said the Board is just wasting a lot of time by having meetings such as this because the ~ Board does not get the sentiment of the people. To be democratic, the Board should allow the citizens to vote on this matter. Then, there would be no questions. He said that in Albemarle County there is a vocal minority who have been getting away with murder because they make it seem that their wishes are the wishes of the people. He said that the people who have to work for a living cannot attend all Board meetings and there- fore they are not counted. Mr. Dale said that dogs do not just stay in this one little section and this does not solve the problem. Mr'. Wheeler asked if Mr. Dale were recommending a leash law for the entire county. Mr. Dale said that dogs should be controlled in all of the county. Mrs. Addie Milton asked if it would be possible to have ~a double post card sent to all of the Crozet Sanitary District citizens and then it would be a real vote for the entire community. She did not feel that the Board has received a fair representation. Some lady asked how many dog wardens there are in the Coun.ty. Mr. Wheeler said there is one and the Board is planning to hire an additional one in the near future. The lady said that one man cannot patrol the entire county and the citizens will do what they want whether there is a leash law or not. Mr. Wheeler. noted that the advertisement for t~e public hearing on the leash law ~ appeared in the Daily Progress on October 31 and November 7, 1973. ~he notice for the November 15 hearing was the same type of advertisement that appeared in the paper for this meeting on February 2 and February 8. He said he did not feel it is necessary to have a referendum for a leash law in Albemarle County since he did not feel it would be 2-19~74 supported. He said the Board had given no thought to having a leash law for the entire county. The Board was requested to hold a public hearing for ~the Crozet area. He said the Board had realized that the petition did not include everyone in Crozet but they had expected from the advertisement of this matter that anyone who would be opposed to it would come forward, He asked that those living in the designated area in favor of the leash law stand (approximately 24) and those opposed (approximately 100) and those in Orchard Acres in favor (5) and those opposed (2). Mr. Wheeler said if it is the decision of the Board to reconsider this matter it will have to go through the same legal procedures, in other words, advertisement and a public hearing. Mr. Fisher felt it would be worthwhile to investigate the possibility of taking a referendum of the people in the Sanitary District, by postal card. He said this should show the feelings of most of the people in the area. Mr. Farish said he felt this had gone on long enough and another meeting is not the answer. Mr. Wheeler said if the Board decides to let the leash law stand, they need do nothing. Mailing out a postal card for a referendum would create a lot of problems. Mr, Herbert McAllister felt is was unconstitutional to have included in the leash law 45 acres of agricultural land. Mr. Fisher said there is a possibility that the area as drawn is too large and covers too much open land. Mr. Wheeler felt the people speaking tOnight were from all areas,~ He had received an indication tha~t the only area the citizens would not oppose is Orchard Acres. Mr. Henley did not feel the Board should change Orchard Acres since there ,has been no opposition from that area. Mr, Wheeler asked if the Board would consider changing and eliminating all of the area except Orchard Acres~ Mr. Fisher said it might be advisable to allow time for the Board to talk to the County Attorney about the legal matters and take action on this at the Thursday meeting. Mr. Wheeler said the Board would have to legally advertise any change. Mr. Fisher said the Board would have to pass a resolution of intent to amend the ordinance.~ Mr. Wheeler said the Board could state such intent tonight. Mr. Carwile said the Board could not adopt a resolution tonight since the advertisement did not cover that intent. Mr. Wheeler said the Board could then state this intent.. Mr. Carwile preferred time to think about this. Mr. Henley felt there are areas in Crozet that should be covered. Mr. Thacker said the leash law for Orchard Acres was enacted four months prior to ~hat for Crozet. He asked how many problems the residents in Orchard Acres have experien~.ed during those four months or if' they have noticed an i~q~rovement. .Some gentlemen said there has been a ma~ked improvement. A lady asked if someone living in Orchard Acres ~ould call the Dog Warden and get him to come to the area. She said she has been unable to get in touch with him. Mr. Wheeler said it was probably one of his busy times and that is the reason the Board is hiring a deputy dog warden. 2-19-74 The lady asked what protection they have from other dogs coming in from outside of the designated area. ~r. Wheeler said that is the problem if the area is cut down to a small size. - Mr. Henley said he knew the Board had received a petition with 280 or more names in opposition and there were only 90 on the petition in favor of this ordinance. He said that maybe the group in opposition did not feel they should call him but he has received calls of ten to one in favor of the ordinance. Mr. Henley said he has felt all along that this ordinance should be left in effect for one year to see what will happen. Mr. Farish asked that the Board allow the citizens to turn their dogs loose until this matter is decided. Mr. Wheeler said the Board cannot do this. Mr. Farish then asked that the Board make a decision tonight. Mr.t Wheeler said the Board cannot make such a decision tonight. If it is decided to repeal this section of the ordinance there are certain legal procedures that must be followed and these include a public hearing. Mr. Thacker suggested that the Board wait until Thursday before taking action. Mr. Henley offered motion that the Board do nothing for one year from the date of enactment of the ordinance and at that time the Board should reconsider. The motion was seconded by Mr. Carwile, A gentlemen asked why the Board had this meeting if the question had already been decided. Mr. Homer Bruce said that since the Board had given the citizens another public hearing on this matter and Mr.. Henley knew that he did not have enough signatures that he is not complying with the wishes of the majority of the citizens. If Mr, Henley wants to leave the ordinance in effect, he would ask that the Board mail a ballot. He felt this meeting was held because the Board did not feel the first hearing was fair. He asked that the citizens be allowed to vote on the matter. Mr. Henley said he did not feel that this could be done like it should be done if it is rushed into and he did not feel the Board could do what w~as being requested. Mr. Bruce said this matter should have been tabled and Mr. Henley should have done a little work. Mr. HenleY said he had been working on this for two years. Mr. Wheeler said most of the Board members asked that the matter be deferred until Thursday so they could think this over. He felt he might have been pushing for a decision to be made tonight. He said he would withdraw his objections and wait until Thursday if the citizens felt that by waiting they would be more satisfied. Mr. Thacker said he felt the Board could close the public hearing and defer action until Thursday. Mrs. McAllister asked if the citizens could vote at the polls when voting on the school bond referendum next month. -.Mr. Wheeler said he did not think this would be possible. Mr. Henley then withdrew his motion. 2-19- 74 Mr. Wheeler said the Board will check with the County Attorney to see if there is anyway that a vote can be taken during the school bond referendum. He said if one person from each side would like to attend the meeting on Thursday to observe, others would not need to attend. Mr. Wheeler said it is his desire to carry out the wishes of the majority. He thought he could get an indication tonight. A gentleman said that the people in attendance tonight were not a fair representation of the entire area, either for or against.. Mr. Wheeler said the Board would like to have time to look into the legal ramifi- cations to see if a referendum is possible. He said he did not approve of a referendum because he felt this can be handled another way, however, if there is no other way he will support such a referendum. A lady asked what else the citizens should do other than the petition that had been signed and those who attended this meeting tonight. Mr. Wheeler said the Board is not sure the whole area is represented here tonight. He said the Board thought they had the whole area represented the first time. The Board does want to be fair. Mr. Wheeler said this matter will be considered again on Thursday, February 21, 1974, at 10:30 A.M., in the Board Room of the County Office Building. A lady said the law protects the citizens from murderers and asked .why the law cannot protect the citizens from dogs. Mr. Wheeler said a decision will be made Thursday morning. Upon proper motion, the meeting was adjourned. Ch airman