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2014-02-19February 19, 2014 (Afternoon Adjourned Meeting) (Page 1) An adjourned meeting of the Board of Supervisors of Albemarle County, Virginia, was held on February 19, 2014, 4:00 p.m.., Lane Auditorium, County Office Building, McIntire Road, Charlottesville, Virginia. The meeting was adjourned from February 12, 2014. (Note: The meeting was originally adjourned to 3:00 p.m., for the purposes of a Closed Meeting, but the Closed Meeting was not held and the meeting convened at 4:00 p.m.) PRESENT: Mr. Kenneth C. Boyd, Ms. Jane D. Dittmar, Ms. Ann Mallek, Ms. Diantha H. McKeel, Ms. Liz A. Palmer and Mr. Brad L. Sheffield. ABSENT: None. OFFICERS PRESENT: County Executive, Thomas C. Foley, County Attorney, Larry W. Davis, Clerk, Ella W. Jordan, and Senior Deputy Clerk, Travis O. Morris. Agenda Item No. 1, Call to Order. The meeting was called to order at 4:07 p.m. by the Chair, Ms. Dittmar. _______________ Agenda Item No. 2. Pledge of Allegiance. Agenda item No. 3. Moment of Silence. _______________ Agenda Item No. 7. Public Hearing to receive comments regarding the proposed Route 29 Western Bypass and to consider possible Board action. (Advertised in The Daily Progress on February 10 and February 17, 2014.) Ms. Dittmar welcomed attendees and thanked the Albemarle County Police for being present to help maintain order and promote decorum. Mr. Foley addressed the Board, referencing a letter from the U.S. Department of Transportation – Federal Highway Administration (FHWA) regarding the Route 29 Bypass and its review comments on the draft revised environmental assessment, which was received by the County within the last hour. Mr. Foley said the letter was addressed to VDOT Commissioner Charles Kilpatrick, and he read the letter: “Dear Commissioner Kilpatrick: The draft of the Revised Environmental Assessment (EA) for the Route 29 Bypass has been reviewed by our legal counsel. Because of the controversy associated with the project and the history of litigation, our legal counsel coordinated their review with FHWA's Office of Chief Counsel in Headquarters and the Office of the Secretary of Transportation. The review by legal counsel focused on the adequacy of the discussion of specific document elements, including purpose and need, alternatives, the scope of the environment affected, the responses to comments and fulfillment of essential coordination requirements. Based on their review, our legal counsel provided us with a number of comments. Almost all of their comments can be readily addressed with revisions to the draft of the Revised EA, but there are a couple of comments that FHWA would like to bring to your attention because of the potential implications associated with them. Our legal counsel has advised us to reassess the purpose and need of the project in light of the changes in the Route 29 corridor tha t have occurred over the past 20 years to determine if it remains appropriate since the need appears to have expanded well beyond the existing project limits. As you are aware, the reason we initiated the EA was to determine the need for a supplemental Environmental Impact Statement (EIS), and we need not complete that EA effort before rendering a decision if the analysis carries us in that direction. Based on the EA analysis, our knowledge of the project and FHWA's involvement in it going back to the late -1980s, it is expected that a reassessment of the purpose and need will find that it is no longer adequate to support the investment in the corridor. Accordingly, we advise VDOT to update the purpose and need and reopen the consideration of alternatives. The most appropriate tool for formally updating the purpose and need and reopening the consideration of alternatives would be a supplemental EIS. As you are aware, the environmental process for this project has stretched over 20 years and involved an EIS, supplemental EIS, two EAs, three Records of Decision (ROD) and a Finding of No Significant Impact. While FHWA has led the environmental process for the project this entire time and our decision making has been reinforced by the Fourth Circuit Court on mor e than one occasion, the environmental process has become very convoluted. A supplemental EIS would allow both FHWA and VDOT to take a fresh look at the needs that exist in the Route 29 corridor and develop a solution that is supported by the public and lo calities in general. Additionally, we encourage you to work closely with local representatives to gain their support of the transportation improvement moving forward. FHWA remains committed to working with VDOT to identify and develop solutions for the Route 29 corridor. Should you have any questions on this letter or wish to discuss it further, please contact me at your earliest convenience. Sincerely, Irene Rico, Division Administrator” _____ February 19, 2014 (Afternoon Adjourned Meeting) (Page 2) Ms. Dittmar asked Mr. Davis if he would like to comment on the letter. Mr. Davis said the letter infers that, in order for the project to advance, the FHWA is looking for a supplemental Environmental Impact Statement (EIS) to be prepared. Beyond that, he was not prepared to make any additional analysis of the letter. He added that he would like some time to review it. Ms. Dittmar asked him to contact the FHWA at his convenience, and Mr. Davis agreed to do so. Mr. Foley stated that John Lynch, VDOT District Administrator, has contacted him and City Manager, Maurice Jones, to schedule a meeting, and said that they would involve Mr. Davis. He said the meeting was tentatively scheduled for more than a week out, and stated that he would keep the Board up to date. Ms. Dittmar asked Ms. Mallek to review the rules and procedures for speakers. Ms. Mallek informed attendees of the proper protocol for addressing the Board. Mr. Boyd stated that he hadn’t seen the letter until just a few minutes ago but, in the past when this discussion came up with VDOT, they told the County that there would be a two-year delay in the process if they had to do a supplemental environmental study. Ms. Dittmar reviewed the process for having all attendees speak, including those who signed up online and those who signed up at the meeting room. Ms. McKeel called the speakers forward five names at a time. Ms. Blair Williamson said she lives at 107 Falcon Drive in the Colthurst Farm Subdivision at the toe in the proposed slope of the bypass and is President of S.L. Williamson Company, an asphalt contractor. She said the bypass would create much needed jobs for her company, and encouraged the Board to keep an open mind and consider all the facts before making a decision about support or lack of support for the bypass. Ms. Williamson stated that her house is 150 feet away of the proposed bypass slope below Stillhouse Mountain, but more impactful than building the bypass has been the threat of building it – and the fear of building the bypass has made home sales on her side of the neighborhood virtually impossible. She said, in the Bellair neighborhood, the existing 250 Bypass is immediately adjacent to half the neighborhood, and the property values there have remained stable for many years. Ms. Williamson also commented on the “Let’s Go 29” video created by the Piedmont Environmental Council and the Southern Environmental Law Center, stating that the tagline in the video is “A sum of simple fixes that is better than a bypass.” She stated that people may be lured into thinking they can build these simple fixes – overpasses, extensions and bridges – with the click of a mouse, but with 20+ years in the construction industry, she knows that things are not so simple. Ms. Williamson said building this in an over-capacity roadway will create much frustration and come at a very high price, which is still unknown for Places 29. She stated that the bypass would be built almost entirely out of traffic with very little impact to local traffic, and it would be an almost perfect road if they eliminated the northern terminus at Hollymead and extended it to the UVA Research Park. Ms. Williamson said she envisions the proposed bypass as the first phase of a 29 Bypass that would eventually take traffic north to the airport. She stated that the project has been contemplated, vetted, fretted over, designed, redesigned, bid and awarded to a qualified contractor – and it’s time to build it. Ms. Williamson said taxpayers have spent 30 years and $50 million studying it, and said that the Board shouldn’t waste any more time and money but should just get started. Ms. Nora Seilheimer, a City of Charlottesville resident at 308 Farm Lane, said she opposes the bypass for many reasons – primarily because of the effect on her two young children. Ms. Seilheimer said the proposed highway would come within 400 feet of where her four and five-year old children spend the majority of their day, and EPA studies have shown that people who live, work or attend school near major roads have increased incidence and severity of health problems that may be related to air pollution from roadway traffic. She said, as it is currently designed, the southern terminus would hover over their school and would be a constant factor in their lives – with the noise of trucks ascending and descending the 11% grade and exposing them to harmful exhaust for their entire school career. Ms. Seilheimer said study after study has shown that this proposed highway will not solve traffic congestion on Route 29 and, if the bypass is built, Rt. 29 will still operate at a service level “F.” She asked why the community would pursue a project that damages the community in so many ways when the project won’t even help the problem they are trying to solve. Ms. Seilheimer emphasized that it’s an outdated plan that was designed for the Charlottesville that existed 20 years ago, and requested that the Board pursue alternatives such as Places 29 and intersection improvements that will help solve traffic problems. Mr. John Martin addressed the Board, stating that he has been waiting for an opportunity to speak out against the proposed bypass in a formal public hearing since June 8, 2011. Mr. Martin stated that, on that day, there was a calamitous and unfortunate Board of Supervisors meeting – before and during which a group of Supervisors, with pre-meeting involvement by a high state official, succeeded with a legislative scheme to obtain reversal of Albemarle County’s long-standing objections to the Route 29 Bypass, with a vote taken near midnight without a public hearing, without any public notice, and without notice to all of the Supervisors that the matter was going to be raised. Mr. Martin said the community was harmed by the actions of that day, and they are here today to repair that damage with a most powerful force: their voices, which they know can and will make a difference. He stated that it’s been a long wait for this opportunity February 19, 2014 (Afternoon Adjourned Meeting) (Page 3) but, during that time, the community has witnessed extraordinary courage, tenacity, valor, civic- mindedness, and strength of character through the selfless acts of those who chose to run for office and were elected. Mr. Martin said Board members will hear all the reasons why the bypass should not move forward, and urged the Board to seek an end to “the bypass nightmare.” He said, fundamentally, any project that is advanced not on its merits but on legislative trickery is not a project worth pursuing. Mr. Robert Scheinfeld, a resident of 119 Falcon Drive in Charlottesville, said he’s been trying to draw an objective conclusion on how to look at the project – whether he is affected or not. He said it’s been very clear to him that there’s a problem which needs to be solved, so his first question is whether the proposed plan would solve the problem or alleviate it significantly. Mr. Scheinfeld stated that there are opinions on both sides of whether it will, but his personal feeling is that it won’t. He said his second question is whether it’s the best way to solve the problem, providing the greatest benefits in the most cost- effective and healthy way, and his conclusion has been that it is not the best way. Mr. Scheinfeld said he hopes Board members will get off the path of adopting one plan or another, and instead look at the alternatives with an objective eye to make a decision that’s best for the community, to really solve the problem with the greatest benefits in the most cost-effective and healthy way. Ms. Elly Tucker, a resident at 111 Reynard Drive in the County, said she currently serves on the Places 29 Citizens Advisory Council, and stated that she is speaking as a private citizen in asking the Board to cancel the proposed western bypass and instead support real, workable solutions such as those already approved in the Places 29 plan. Ms. Tucker said VDOT engineers state that, even if the bypass is built, Route 29 would remain at an “F” level of service – whereas putting in overpasses at Rio and Hydraulic, the level of service would be at a “B” level, even without an exorbitantly expensive bypass added. She stated that this bypass is not the road the County needs, as it is inefficient, sends truck traffic within hundreds of feet of six local schools, cuts through seven already established neighborhoods, passes through at least one historic African-American cemetery, sends trucks up an 11% grade from a dead standstill, is environmentally unsound, empties out into one of the County’s most congested developments – Hollymead/Forest Lakes – and its projected cost will exceed the accepted bid price by millions due to the need for change orders. She said VDOT’s original three-party agreement sequenced possible projects along Route 29, stipulated that parallel roads be constructed, overpasses be built at Rio and Hydraulic, and only if all other improvements failed to solve local traffic issues – and if funding was available – would a bypass be considered. Ms. Tucker said it was clear then, and it is clear now that a bypass will not solve local congestion. Mr. Jack Renard, President of the Colonnades Residents Association, said he has spoken to the Board before about the impact that construction and the operation of the destructive western bypass will have on their sunrise senior living community. He said they have 330 residents, 230 of whom are active in the County – voting and contributing to the economy. Mr. Renard said he was accompanied by over 20 residents in support of the future of the Colonnades, stating that the road was still designed to arc around the community, cut through Stillhouse Mountain, and has its footprint pass within 600 feet of their healthcare center. He stated that they would be particularly vulnerable to the extensive blasting and air pollution during construction, followed by truck traffic, noise, exhaust, and toxic pollution that would occur once the road is in operation. Mr. Renard said VDOT did not even consider the Colonnades in their environmental impact statements of 1993 and 2003, and they can only hope they are being included in their latest effort to produce a proper supplemental environmental im pact statement as required by the FHWA. He stated that, for 2.5 years, residents have been trying to get the Board’s attention to their personal plight following the resurrection of the project – and have learned that the road is not at all a bypass of Charlottesville, as envisioned by Lynchburg and Culpeper, but is simply another short internal commuter road that is not worth the cost to taxpayers. Mr. Renard said it is time for elected officials to do what’s right and cancel the western bypass project. Mr. Bill Tucker, a resident at 111 Reynard Drive in the Colthurst Subdivision, said he has been a real estate attorney in Charlottesville for over 40 years. He stated that, since the conception of the bypass, property values have decreased and sales have been lost in the seven neighborhoods affected by the bypass. Mr. Tucker said, once VDOT acquires a property for its right of way, it basically comes off the tax rolls – and adjacent properties decrease in value and are unable to be sold. He stated that the opposite was true for commercial properties, as they would go up in value, and canceling the bypass and reconsidering Places 29 would resurrect lost residential values while increasing commercial values. Mr. Tucker said VDOT has already acquired approximately $40 million in right of way acquisitions, and the effect on adjacent properties is an estimated $20 million – which results in an annual tax loss of $450,000 per year for the County or a total of $9 million over the last 20 years. He stated that VDOT now estimates spending another $40 million for additional rights of way, which would result in a minimum of $100 million in reductions from the tax base, or an annual loss of $760,000. Mr. Tucker said these estimates are probably conservative, and the actual losses could exceed $1 million or more, citing the increase in revenue-sharing dollars over the years as an example of possible future revenue losses over the next 30 years. He added that, if the Board kills the bypass, the VDOT properties will be sold back to the public and become taxable again, and the property values of the seven affected neighborhoods would immediately increase. Mr. Tucker said, “Please stop the bypass.” Mr. Milton Moore, residing in Colthurst at 106 Falcon Drive, said he has worked with CATCO for 25 years, and they have obtained over 1,000 documents through the Freedom of Information Act (FOIA) that were used in writing “Route 29 Bypass Alt 10,” often referred to as “The Green Book.” Mr. Moore said that book details many valid reasons why this expensive, inefficient, destructive road should not be built – and it is available on the Piedmont Environmental Council website. He stated that, for eight years, the bypass was essentially a dead issue until the infamous midnight vote of 2011 and, since then, additional costly issues have arisen – the likelihood of taking another six homes in Ivy Ridge, numerous reports on the dangers of diesel exhaust to students and teachers in the six schools near the bypass, and the cost February 19, 2014 (Afternoon Adjourned Meeting) (Page 4) increases for modifying the southern and northern interchanges. Mr. Moore requested that the Board take action to cancel the bypass and support projects such as the Best Buy ramp, Hillsdale and Berkmar Drive Extended, the widening of Route 29 between Polo Grounds Road and the Hollymead Town Center, overpasses at Hydraulic Road and Rio, and the state-of-the-art signal system underway now on Route 29. Mr. Moore stated that he flew 341 missions in Vietnam, and that was a “piece of cake” compared to dealing with this destructive road for over 25 years. Ms. Grace Zisk said she just moved from Forest Lakes South to the Colonnades, “from the frying pan into the fire,” but it is not for personal reasons that she asks the Board to defeat the present western bypass plan because it is already outdated. Ms. Zisk said this misguided design does not take into account the greatly increased amount of traffic and traffic lights between Ruckersville and Ashwood Boulevard, and asked if anyone had counted the number of trucks that deliver their goods to all of the other new shopping centers going up Route 29. She stated that, if the bypass is needed, it should start further north and should swing further out into the countryside as was originally planned years ago. Ms. Zisk said the bypass should not be the hastily planned and ill-conceived cut-through road that threatens the health and well-being of the population, the value of some of their property, and even the natural and physical beauty of the County. Mr. Neil Williamson, President of the Free Enterprise Forum (FEF), a privately funded public policy organization located in Albemarle County, said the FEF believes that the proposed US 29 western bypass is the most practicable and least environmentally impactful transportation solution to congestion on US 29. Mr. Williamson stated that, over the last several weeks, they have shared with the community and the Board recent travel time information from the Department of Transportation showing 22 minutes of time savings; engineering concerns with the construction viability of the expressway, often touted as the bypass alternative; three independently conducted surveys showing public support for the bypass; and cost comparisons to the unfunded Places 29 improvements which show the bypass is a better choice. He said, even with all this data, the FEF understands that this is a political – not necessarily a rational decision. Mr. Williamson quoted English poet John Donne: “No man is an island, entirely of itself. Every man is a piece of the continent, a part of the main; if a clod washes away by the sea, Europe is the less.” He said Albemarle County is not an island, and they need to recognize their important role in the Commonwealth Transportation Plan. Ms. Ann Rooker, a resident of Albemarle County, addressed the Board stating that she has opposed and fought against the proposed bypass for over 25 years because it is a wasteful project that will damage the natural and built environment and will not solve the traffic problems on Route 29. She said she and her husband, Dennis, are among the hundreds of County residents who live in the neighborhoods that the proposed bypass would devastate. Ms. Rooker stated that their property values have plummeted since the bypass was proposed, and residents of their neighborhoods can’t sell their homes due to the threat of the bypass and, if it is built, they will lose the quiet and peaceful quality of life that their neighborhood provides. She said she is also among the thousands of parents and grandparents whose children’s and grandchildren’s schools will be negatively impacted by noise and vehicular pollution from the proposed bypass. Ms. Rooker said she taught at one of the schools that would be impacted, and her children attended four of the schools – with her grandchildren attending two of the schools. She stated that her concerns for the health and well-being of the students and staff of those schools are very real, and she is also a taxpayer – having lived in Albemarle County for 43 years and in Virginia her entire life. From a practical standpoint, she said she does not want to see her tax dollars going to support a road project which all studies show will not solve the traffic problem on Route 29. She asked the Board to cancel the proposed bypass and instead support transportation projects that work – the Best Buy ramp, extensions of Hillsdale and Berkmar Drive, the widening of Route 29 between Polo Grounds Road and Hollymead Town Center, state-of-the-art synchronization of traffic signals, and improvement to the intersections of Route 29 with Hydraulic and Rio Roads. Mr. M. Rick Turner stated that he is the President of the Charlottesville-Albemarle Chapter of the NAACP. Mr. Turner said there is a lot of information out about the negative impacts of the proposed bypass on the community, but what’s only recently begun to receive any attention is the impact on African- American resources in the community. He stated that there are serious impacts to their history, as the route of the bypass would cut right through what was once a thriving rural African-American community of farmers and professionals in the Hydraulic Mills/Union Ridge area, shortly before and then after the Civil War. Mr. Turner said free and formerly enslaved African-Americans bought land, established farms, ran businesses, and built schools and churches. He stated that this is where free citizens came together and tried to get a foothold in the community and, while they appreciate VDOT’s efforts to avoid the Sammons farmstead, there is more African-American history to this area than just that one piece. Mr. Turner said the bypass would also impact their future, as it would come close to several schools on the route and make them less desirable places in which to learn. He stated that, when ranking County schools by their racial makeup, four out of seven schools with the highest African-American enrollment are located along the route of the proposed bypass. He said, just as with their history, it is troubling to envision the impact this highway would have on the future and, as the Board discusses and decides where it stands on the by- pass, he asked the Board to keep in mind how the by-pass would impact these important sites which are linked to the past, present and future of the local African-American community. Ms. J. J. Towler, a resident of 1715 Vermira Place in Albemarle County, addressed the Board, stating that she is opposed to the bypass and read from an editorial in The Daily Progress which stated that “massive measures such as a bypass are more destructive than constructive,” adding that a costly bypass would destroy homes, reduce land values, create a rural eyesore, probably endanger the watershed, and threaten the County’s policy of rural protection, by increasing pressures for outlying development. She stated that, for all of that, it would serve only 10% of the traffic now causing such congestion on US 29, and the recommendation building among local leaders is instead a network of area February 19, 2014 (Afternoon Adjourned Meeting) (Page 5) roads that – coupled with improvements to US 29 – would relieve the traffic burden without creating unbearable additional burdens on home and business owners. Ms. Towler said US 29 traffic congestion is a local problem, so logically the problem requires a localized solution. She stated that the editorial was published on August 29, 1989 – and it was right then, as it is now. She asked the Board to save the community from more blood, sweat and tears - oppose the by-pass and support real solutions instead. Mr. Lynwood Bell said he lives on Fontana Drive in Pantops and was most disappointed with what kicked off this meeting. He said the County needs to stop the gridlock. He stated that they were likely going to add a minimum of two more years onto a 20-year problem, and encouraged the Board not to repeat another Meadowcreek situation. Mr. Bell stated that they are not the only ones affected by this situation along Route 29, and they seem to be on the wrong side of the question. He asked people who live in the County to think “a little larger” adding that the people and economy need a bypass, and the County economy would suffer with bridges. Mr. Bell stated that the Board should ignore the naysayers and build the bypass pointing out that the Lynchburg bypass would be the same length as what’s being proposed here and it works. Ms. Robyn Kells, a City resident at 2503 Westerly Avenue, was before the Board to voice her support for bypass alternatives. Ms. Kells said, in the late 1980s when the bypass was first conceived, there was no such thing as the worldwide web, John Paul Jones Arena did not exist, and US 29 North from Hydraulic was a fraction of its current size. She stated that the bypass was designed to serve a Charlottesville that no longer exists, and asked if they would take a paper map from 1989 and use it to get around town today – or perhaps turn to their GPS. Ms. Kells said that is the same choice they have now – whether they use 1989 or 2014 as a benchmark for planning the future of transportation in the community. She stated that the bypass, as proposed, has serious environmental and economic implications and, at its current estimate, it would cost taxpayers $40 million per mile – which is unacceptable. Ms. Kells said she has heard people say that the alternative plan would hurt businesses along the Route 29 corridor, which is interesting because the bypass would take people away from those businesses altogether. She suggested that the Board strongly consider alternatives to the bypass. Mr. John Cruickshank, a resident of 324 Parkway Street in the City, addressed the Board, stating that he was speaking as a representative of the Piedmont Group of the Sierra Club, which has 1,090 members in Central Virginia. He said the Sierra Club has long opposed construction of the Route 29 Bypass, as it will damage neighborhoods, threaten the water supply, adversely affect the Ivy Creek Natural Area and a nearby historic area, and increase the health risks of school children. Mr. Cruickshank presented the Board with a list of 22 research studies published since 2009, showing that exposure to vehicle emissions causes a wide range of negative health effects to developing fetuses, children and adolescents – and this list is just a small sampling of a growing body of research showing similar results. He stated that he strongly disagrees with the proponents of the bypass who say that there are already schools located near large roads, and those children are doing just fine, because the rates of childhood asthma, cancer, learning disabilities, and autism have risen sharply in recent years. Mr. Cruickshank said there may be multiple causes for these disturbing statistics, but asked why a community would intentionally build a highway so close to six of the schools. He stated that, during his 18 years as a school principal in the County, he frequently saw asthmatic students come to the nurse’s office with breathing difficulty – and it is a frightening experience which some children encounter far too often. Mr. Cruickshank said the community owes it to the children by providing them with the safest possible learning environment. Mr. Will Rieley said he is a resident of the Samuel Miller District and a former member of the Albemarle County Planning Commission. Mr. Rieley said he has some background in road design, with his engineering firm designing the Thomas Jefferson Parkway and the City’s portion of the Meadowcreek Parkway. He stated that they designed the access roads at the Darden Towe Park, McIntire Park and Walnut Creek Park, so his reaction to a road project is not automatically one of opposition. Mr. Rieley said the Board would hear many sound reasons to oppose the project – including an outdated environmental impact statement, the economic stupidity of spending money on a project when there are more cost-effective ways to handle the problems, impact on African-American history, and many other issues. He stated that one aspect which hasn’t received as much attention is the decision to lump the design and construction into one low-bid package, and asked them to imagine building a house or any other private facility where the only criteria is cost. Mr. Rieley emphasized that it is a prescription for disaster, and it is very clear that the design coming out of this flawed process doesn’t work. He encouraged the Board of kill this very unwise project. Ms. Katie Storer, a City resident residing at 1007 St. Charles Avenue, said her husband crosses Route 29 every day at the Hydraulic intersection and has to wait through several stoplights to get through, so the bypass will not help him in his commute. Ms. Storer said she has to work full-time and would like to get home as soon as possible, so the bypass will also not help her. She stated that she would like the Board to look into other alternatives which will help local traffic. Ms. Deborah Prum, a County resident residing at 220 Ipswich Place, said she was present to ask the Board to oppose the bypass – which isn’t really a bypass but is instead a cut-through that will cut through established neighborhoods and school grounds and go near the reservoir. Ms. Prum said, as the by-pass is being built, there will be years of school buses and young drivers trying to navigate through detours to get to school. She stated that road funds are finite, and every dollar that goes toward this antiquated and ineffectual project is one dollar less to spend on an intelligent plan that could actually address the traffic problem on Route 29. Ms. Prum said, if the western bypass is built as planned, they will still get to sit in traffic inhaling exhaust fumes on Route 29. February 19, 2014 (Afternoon Adjourned Meeting) (Page 6) Ms. Nancy O’Brien, a resident of 501 Ninth Street, SW, in the City, addressed the Board, stating that, for forty years, she struggled with the problem they are struggling with now – first as an agitator, then as a planner, then as a decision maker. She said, during her decision-making time, she did not support this road and said she was “mystified” at how planning has gone in this area – going off on tangents and forgetting that the main problem is right in front of them still needing to be addressed. Ms. O’Brien stated that they’ve done a lot of tinkering around the edges of Route 29, but it’s not solving the problem. She said Albemarle is well-known throughout the Commonwealth for intelligent decision-making and wise use of resources, and asked the Board to do both of those things by saying no to the bypass and focus back on Route 29 – which is the problem. Ms. Nancy Goodrich said she is a resident of the Colonnades at 2600 Barracks Road in the County. She said she and her husband moved to Charlottesville in 1949, and it has occurred to her that this particular bypass could have been built back then and it would have been a great thing. Ms. Goodrich said that was before Fashion Square Mall, before Forest Lakes, before Barracks Road Shopping Center, the airport, etc., and it would have been a legitimate bypass in those days. She stated that the proposed highway would hit the Colonnades particularly hard; built only 22 years ago, it faces the unique dilemma of suffering 18 of the 27 negative impacts identified with the current plan. Ms. Goodrich said the southern terminus would literally be in their backyard, with a grove of trees shared with St. Anne’s Bellfield School. She stated that she takes issue with The Daily Progress’ contention that the bypass is “better than nothing,” as that type of thinking is seriously flawed, adding that the by-pass is not the best that can be done. Mr. Bruce Prum, a resident of 220 Ipswich Place in the County, said he is a physician and people will be affected by this in great ways. Mr. Prum said he has several elderly patients with visual disabilities who have lived in the path of the proposed bypass for decades and are threatened with losing their homes. He said this is the first time he has spoken on behalf of one of his patients who would lose his home, lose his ability to carry on in life that he has had for decades with his elderly wife. He stated that he hopes and prays that the Board will help the people of the community who would be suffering greatly because of the bypass, adding that there are many other opportunities for traffic to be taken care of. Mr. Russell (Mac) Lafferty of 135 West Park Drive said he is a County resident. Mr. Lafferty said there has been a serious lack of information with this proposal and, when given, the information is conflicting. He said if anyone is seriously considering the 29 Bypass project, they should be able to answer these questions: What does the final project look like? Mr. Lafferty said citizens do not have a final design of either terminus, or the actual route of the road, and all the rights of way have not been purchased. He asked how anyone could speculate on travel time, project cost, or environmental impact without knowing these specifications. He said the second question is whether this is the best use of highway funds, and whether a cost benefit analysis has been done and if there are other possibilities to achieve better results. Mr. Lafferty said if the answers to these questions are not available, it would be reckless and bordering on malfeasance to proceed. He stated that this road was a bad design 20 years ago, and it’s worse now. Mr. Lafferty said, on June 8, 2011 near midnight and in less than 20 minutes, the Board took an action that completely dissolved public trust and, in that short period of time, some members were willing to pander to political forces both locally and in Richmond. He stated that there was no public notice, no agenda, and no established rules of procedure. Mr. Lafferty asked the Board to commit themselves and future boards to follow the rules of procedures, and never let a new item not on an agenda be brought to a vote in that meeting. Mr. Bill Edgerton of 939 Barracks Farm in Albemarle County said he is an architect, a County resident, concerned citizen and urged Board members to undo the real damage inflicted upon the community by the so-called “midnight vote.” Mr. Edgerton said the citizens of Albemarle County deserve much better than what Mr. Dorrier, Mr. Thomas, Mr. Snow and Mr. Boyd offered when they chose to “reconsider” the County’s historic opposition to the previously proposed western bypass on June 8, 2011. He stated that the citizens of Albemarle County deserve better, and it’s time for them to address this injustice. Mr. Edgerton emphasized that the Board’s support of the western bypass must end at this meeting and, even though it doesn’t impact his own property, he has been opposed to the bypass since its inception for several reasons: the amount of development along Route 29 North which has occurred since the route was developed precludes the hope for relief from congestion between local and through traffic; the proposed route threatens the Rivanna Reservoir which provides 80% of the water resources needed by City and County residents; and it is unconscionable to ignore the potential health impacts to students, parents and faculty of the six schools along the proposed route. Mr. Edgerton said even the lowest construction bid is far too high, and the design build protocol will only encourage change orders that will result in greater waste of taxpayer funds. Concerning comments that a recent survey suggested that a majority of citizens in Albemarle are in favor of the bypass, Mr. Edgerton said he would argue that the survey did not make that determination – but did confirm a desire to address the congestion. He stated that, at an absolute minimum, the proposed bypass should be evaluated against the original Places 29 Master Plan, including the grade-separated interchanges, with a real commitment to focus on the needed relief for congestion as well as the most prudent use of taxpayer funds. Mr. George Larie of 107 Tally Ho Drive addressed the Board stating that he is a resident of Albemarle County and has been involved with transportation issues for 25 years which began with his membership in the CATS 2015 Long Range Transportation Plan well over 20 years ago and is currently serving on the Places 29 Advisory Committee. Mr. Larie said he strongly believes the proposed bypass project should be canceled in favor of more cost-effective solutions such as the Places 29 Plan, which was unanimously approved by the Board of Supervisors in 2011, in addition to intersection improvements at Rio and Hydraulic Roads. He stated that he is opposed to the bypass because it is a terrible waste of taxpayer money and doesn’t solve the traffic problem s on Rt. 29. He pointed out that, according to VDOT’s own figures, the level of service on the bypass – if constructed – will remain at a level “F” and, February 19, 2014 (Afternoon Adjourned Meeting) (Page 7) even if the bypass is built, interchange improvements will still be required at Rio and Hydraulic. Mr. Larie said it’s clear to him that the cost will be substantially more than the $244 million currently allocated, and both the southern and northern interchanges, along with avoidance of the Sammons cemetery, will require additional expense. He also mentioned the presence of harmful highway pollution near schools and declining property values near the bypass causing a reduction in tax revenue for the County. Mr. Larie said building the road is just plain dumb, and four times Taxpayers for Common Sense has listed this project as one of the worst projects in the entire nation. He urged the Board to tell the Secretary of Transportation that Albemarle County does not support the bypass. Mr. Tom Strassburg said he is an Earlysville resident at 735 Lochridge Lane and provided a quote from the VDOT website: “A western Route 29 bypass around Charlottesville was originally proposed in 1979.” He said, since that time, VDOT has built excellent bypasses around Richmond, Warrenton and Lynchburg – but in 1990, the Commonwealth Transportation Board chose an alternative that was not a bypass but was a freeway through the urban and suburban areas of the County. Mr. Strassburg said, in 1996, the Metropolitan Planning Organization said “no” to the fiscally irresponsible decision that would do nothing to solve the local traffic problem and very little to solve the through traffic problems. He said if those in Lynchburg understood what little good it would do, they wouldn’t be so high on this by-pass. He stated that a basic rule in management is “don’t throw good money after bad,” and asked the Board to respectfully follow the mandate issued by voters in November. Ms. Leslie Middleton addressed the Board, stating that she is a City resident and is speaking as a citizen. Ms. Middleton said she opposes the bypass and urged the Board to work with state and federal agencies to implement the other solutions that have already been proposed. She stated that she is speaking on behalf of herself, but also for the water quality and integrity of the Rivanna River and all of its tributaries. She stated that the proposed road threatens the water supply and sections of the waterway that would be further impaired and impact the health of these streams in five small watersheds. Ms. Middleton said, as recently as 25 years ago, people thought the way to deal with stormwater was to route it off of property, but now they know it’s not true and have made amendments to the way business is done. She stated that, in that same period of time, they have learned that building bigger roads, even by-passes, is not necessarily the solution, whereas parallel roads and multi-modal transportation may be a better way to go. Ms. Middleton urged the Board to be brave, be smart, and use the intelligent planning that offers other options, adding that retreating from a bad decision can be a really good thing. Mr. Tom van der Voort said he lives in the City at 700 Highland Avenue and feels that it’s a great sign that so many people have come out to talk about this issue. He said he is strongly opposed to the bypass because he is looking for real solutions to the traffic problems on Rt. 29. He said he believes the by-pass is a mirage that is incredibly expensive and destructive and won’t do a thing to help the 90% of residents who aren’t looking to bypass their own community. Mr. van der Voort stated that highways are not inevitabilities, they are choices and there’s no reason they have to settle for an outdated, outmoded, and outrageous solution. He said, if building highways were the best way to alleviate traffic congestion, Atlanta would be the finest place in the world to drive a car – but, of course it’s not, especially in the snow. Mr. Bob McAdams said he lives in the Berkeley Subdivision located in the Agnor-Hurt Precinct of the Rio Magisterial District and opposes the bypass. Mr. McAdams asked the Board to take two positive actions: to hector, harass, cajole, persuade, beg the Commonwealth Transportation Board and whatever other authorities fund things, and get the Berkmar and Hillsdale Drives extended, widen Route 29 and get the Best Buy ramp done as quickly as possible which will alleviate and remediate some of the congestion problems; and to urge VDOT to do a comprehensive traffic study. He said there is lots of traffic on Rt. 29, particularly at certain times of the day, adding that it will be important to know where those vehicles enter the corridor, where they exit the corridor, what the origin of the vehicles are, what their destination is because that is concrete information which the Board desperately needs in order to make a reasonable decision on whatever alternatives can be conceived. He urged the Board to take those actions at which time people will applaud the Board for doing something positive to resolve the problem. Ms. Jennis Warren said she lives at 11 Altamont Circle in the City and cares about the community, about the children in the six schools near the proposed route of the bypass, about the water and air quality, about the taxpayer dollars that will be used to fund this incredibly wasteful project, and what she considers the most beautiful county in the country. Ms. Warren stated that she opposes the bypass. Ms. Rena Snow of 905 Leigh Way addressed the Board, stating that she is the wife of former Supervisor Duane Snow and a resident of the Samuel Miller District . Ms. Snow said, 30 years ago when she and Mr. Snow moved to the County, one of 27 proposals for the western bypass had the route coming in front of their home – yet they still elected to move there. Ms. Snow stated that, no matter where they put the bypass, someone will be affected. She emphasized that the proposed bypass is a beginning that can be added upon, but the County needs to start somewhere and they need to do it fast. Ms. Snow said improvements to Berkmar and other proposals would help, but that would still leave the problem of lots trucks and larger vehicles rumbling down Route 29 all of which cause exhaust fumes as well. Ms. Snow expressed her appreciation to the Board for their service, stating that it takes a lot of energy to be on the Board, as she witnessed when her husband was a Supervisor. Mr. Frank Patterson, a resident at 685 Flordon Drive in the County, in his experience, “stints frequently lead to bypasses” and, at some point, there will be a bypass here. He said, in driving around places like Lynchburg and Gainesville, there are interstate highways – and the destiny of Route 29 is to become an interstate highway. Mr. Patterson said perhaps all traffic could be routed through Places 29 using overpasses, bridges and so forth, and those have been done in other communities – Knoxville, TN and also in Austin, Texas where interstate 35 barrels right through the center of Austin - it is a nightmare. February 19, 2014 (Afternoon Adjourned Meeting) (Page 8) He stated that Places 29 is a nightmare in the County’s future; stating that the Board would not want to curse this community with such a plan and this should not be the Board’s legacy. Mr. Duane Snow said he is a resident of the Samuel Miller District and has lived in this community all of his life as his parents had done. Mr. Snow said, when the Route 250 Bypass was originally proposed, there was a lot of opposition – and it went within a few hundred yards of his house, and his family still supported it. He stated that it is now a major part of the City and, when it was first built, it was done in three different sections – one from Pantops over to 29, one from 29 to Route 250, and then from Route 250 to I-64. He stated that, without the Rt. 250 by-pass, it would be very challenging to go from Rt. 29 to Pantops. He said the Route 29 Bypass can also be done in three sections – the one currently planned, and two sections which would be built later. Mr. Snow said this community needs a by-pass and he hopes the Board will support it. Ms. Bess Carter said she is a County resident living off of Redlands Farm Road. Ms. Carter said she is before the Board to state her opposition to the bypass and urge the Board members to consider better alternatives. Mr. David Carr said he has lived near Ivy since 1991 and he grew up on a farm off Barracks Road near Foxfield which has been in his family since the 1850s. Mr. Carr said his family has been opposed to the state proposal to run a four-lane road through western Albemarle for many years. He stated that they all value the scenic and historic character of Albemarle, and the County and many landowners have been dedicated to maintaining that character. He said VDOT’s highway would unnecessarily mar the landscape, pointing out that the sprawling intersection at the southern terminus, the massive cut to the west side of Stillhouse Mountain, and the bridge across Barracks Road are way out of scale and would be extremely expensive. Mr. Carr said the road would not address local traffic needs, as VDOT studies have shown it won’t improve the level of traffic service on Route 29, and the road will lead to more development in northern Albemarle, and soon its capacity will be clogged with added commuters. He stated that citizens and local governments have worked hard to identify improvements such as parallel streets and overpasses that would help with traffic flow on Route 29 North, and he urged the Board to implement those and the best elements of the Places 29 plan. Mr. Carr said the County should stick to a homegrown plan and reject the state-directed ineffective and destructive bypass, and citizens have stood up to the state in the past and avoided poorly conceived projects such as the four-laning of 250 West from Bellair to Crozet. He stated that he and his family are urging the Board to cancel the bypass project, with $250 million in taxpayer dollars and destructive impacts being far too high a price with way too little benefit. Ms. Kerin Yates, President of the Charlottesville Area League of Women Voters, said, over the years, the League has asked questions and watched the bypass project unfold. Ms. Yates read from their 1997 letter to VDOT’s Culpeper District Administrator, noting that it still seems relevant: “The Charlottesville Albemarle League questions the advisability of proceeding with a Route 29 Bypass in light of a host of environmental concerns, including clear warnings about the threat it proposes to the primary water source for this community. Its passage through the watershed of the South Fork Rivanna Reservoir and proximity to the water intake put it on extremely sensitive terrain. She said this community has struggled for 30 years, now 45 years, at great expense to reverse and prevent harmful effects of development on this critical watershed. She said the right to assure this protection was upheld several times in courts of law and the League is concerned that this project could negate these past and current efforts for the sake of a road whose usefulness is limited and cost is excessive. Ms. Yates stated that the environmental impact statement foresees runoff increasing the likelihood of groundwater contamination from de-icers, pesticides, herbicides, spills, et cetera during construction and subsequent use of the bypass.” Mr. William Vollrath addressed the Board, stating that he is a resident of Forest Lakes at 3189 Turnberry Circle, and thanked the Board for holding this public meeting, which was denied to citizens on the night of the midnight vote. Mr. Vollrath said it seems to him that the federal government has just told them that the proposed bypass which probably should have been built completely around C’Ville 40 or 50 years ago – is no longer in the best interest of this community. He stated that the need now extends all the way to Ruckersville, and this should have been obvious years ago. Directing his comments to Mr. Boyd, Mr. Vollrath emphasized that the letter from the FHWA doesn’t just delay the bypass construction two years – it realistically requires that an entire new plan be developed and approved. He suggested that the Board now move ahead with other solutions to the 29 traffic problem, including a wider Best Buy ramp and better intersection traffic flow at Rio, Hydraulic and Barrack s Road. Mr. Vollrath asked the Board to have the common sense not to dump heavy truck traffic onto Route 29 at Ashwood Boulevard, citing concerns about the number of school buses with young children that travel through that intersection every day. Mr. Boyd clarified that what he had said earlier was simply repeating what he had been told by traffic engineers who design highways. Ms. Dittmar asked Supervisors to wait until after public comment was given before making their own comments, when it’s time to deliberate. Mr. Boyd stated that he was only clarifying his point. Mr. Timothy Hulbert, a City resident living on Brandywine Drive, said he is the Executive Director of the 1,100-member Charlottesville Albemarle Regional Chamber of Commerce and, as communications require a two-way street, he doesn’t believe that the Supervisors are really interested in listening to the opinions of the thousands of residents – or the majority of area citizens who have regularly expressed their support for the US 29 Bypass project. He said this “well-organized, well-choreographed show” is a “ready, February 19, 2014 (Afternoon Adjourned Meeting) (Page 9) fire, aim” execution of this project, which is unfortunate. While speaking about this project, Mr. Hulbert stated that he and other Chamber members have been called ignorant and corrupt by past members of the Board and some attendees at this meeting, just because they see the data and the need differently than those who oppose this essential project. With that said, Mr. Hulbert said he and the Chamber respect the opposing viewpoints of the neighbors in attendance, however, they continue to support this project. Ms. Shirley Midyette, a resident of 102 Cavalier Drive in Albemarle County, said a recent chemical spill into the Elk River in Charleston, West Virginia and its downriver communities have been experiencing a water nightmare – and they now know the importance of protecting their water supply. Ms. Midyette said that accidents do happen, and the South Fork Rivanna Reservoir currently supplies the drinking water for Charlottesville and most of Albemarle County, and the planned bypass is a serious threat to the reservoir and its watershed. She stated that water is the most precious, irreplaceable natural resource in Albemarle County, and asked the Board to ban the western bypass. Mr. Anthony von Thelen, a resident of 400 Ivy Farm Drive addressed the Board stating that he is a 57-year resident of the County and remembers it before I-64 was here. He said roads can make a difference – but placement and design also make a large difference. He compared this plan to the 8-track tape player and, like the 8-track player, the bypass had its moment in time but it is gone. He said anyone who drives to northern Virginia knows that the Rt. 29 problems cannot be solved in Charlottesville/Albemarle. He said Stonefield and other things have been built on Rt. 29 and there didn’t seem to be any concern about traffic when those developments were built. Mr. von Thelen said, if they really want to help people get through the state, they should focus on a new interstate starting at the North Carolina line and going through Charlottesville and Richmond. He encouraged the Board to think outside the box and kill this flawed proposal. Mr. David Mitchell said he lives off Georgetown Road in the County, which is the current bypass because people trying to avoid the Hydraulic fiasco come through his neighborhood. Mr. Mitchell said hundreds of children walk every day by that traffic to school, and he is more concerned about them than students who are in school buildings that are 500-600 feet from the bypass. He stated that, with an overpass or an interchange, all the Board will be doing is encouraging and facilitating more traffic down the middle of the commercial and residential boulevard. Mr. Mitchell said everyone agrees that traffic is the problem, and he doesn’t understand why they would want to encourage more people from out of town and in town to drive through the middle of the area in which people work, live and play. He stated that interchanges are not the answer, and a real bypass from Ruckersville south is the answer. Mr. Mitchell stated that if they can get the traffic off of 29, VDOT will let them build Places 29 – with the exception of interchanges. He said going forward, he hopes they will have a conversation to think about it. Ms. Candice Grierson, who lives at 195 Ivy Ridge Road in the County, stated that she is a resident of the Jack Jouett District and opposes the bypass for the many great reasons already stated by community members. Ms. Elizabeth Ike of 802 St. Claire Avenue stated that she has followed the project since she was first a resident of the County and, now as a City resident, she has continued to follow it. Ms. Ike said she hopes the Board will do all it can to move VDOT to find a true bypass for the corridor, and the letter read at the beginning of the meeting indicates they will have at least two years to look for a true bypass route – like Lynchburg and Danville have done – which truly goes around the area of congestion. Ms. Ike asked the Board not to ignore the hard work of Places 29 and ensure the existing infrastructure is maintained as it should be. Ms. Caroline Polk stated that she lives at 1298 Dunlora Drive in the Rio District and asked the Board not to be fooled by this “mess of pork barrel spending,” which fails even a back of the envelope cost-benefit analysis and is tainted by both state and local corruption. Ms. Polk asked the Board to not be fooled by sunk cost arguments, as it is better to quit the project now before millions more are wasted. She stated that building roads like this proposed bypass does nothing to remedy the cause of congestion – which is sprawl and over-reliance on cars – and it is an out-moded approach to the problem. Ms. Polk said improving Route 29 through the Places 29 methodology and providing incentives for increased density and mixed-use development will lay the groundwork for what really will improve traffic: decent mass transit and walk-able communities. She stated that terminating the bypass will free millions in transportation funding that will otherwise be wasted on an outdated project that would do the community far more harm than good. Ms. Polk said, over the decade since the bypass was proposed, many forums for public comment have taken place, and the voices in opposition have continually outweighed those in support – and the arguments against it are far stronger than the arguments for it. As representatives of Albemarle, she said the Board’s duty is to the voices here – not to Lynchburg or points south and she urged the Board to end the by-pass project once and for all. Ms. Savannah Grierson said she is 13 years old, and lives in the County on Ivy Ridge Road in one of the homes proposed to be demolished. Ms. Grierson described details of her home and the creek in her backyard, and said that it’s bad enough that they will be forced out of their home, but it will be totally demolished for a by-pass that people don’t even want. She asked Board members to put themselves in her shoes, and said the prospect of the bypass has upset even her younger brother. Ms. Grierson stated that while she doesn’t know a lot about politics, there are a lot of people here who do not agree with this road – and that must mean something. (Note: The Board recessed their meeting at 5:49 p.m. The Chair reconvened the meeting at 6:00 p.m.) February 19, 2014 (Afternoon Adjourned Meeting) (Page 10) Ms. Dittmar said that there had been questions about where speakers might be in the order, and explained that they would rotate five by five between online signups and signups at the meeting. She stated that attendees could also sign up with Clerks, Ms. Ella Jordan or Mr. Travis Morris. Ms. Cynthia McElroy addressed the Board, stating that she is a long-term resident of Albemarle County currently living in Forest Lakes. Ms. McElroy stated that, late one night in 2011, the then Board of Supervisors was instrumental in a “religious experience” – the resurrection of the dead. She said, contrary to the opinion of a County businessman who recently stated that it is only the rich and powerful who are opposed to the bypass, she is neither rich nor powerful – but she is opposed to the building of the so- called bypass. Ms. McElroy said she lives in an area that would be greatly impacted by the building of the bypass and drives the 29 corridor daily, and requested that the Board use common sense and vote against this huge waste of taxpayer money. She stated that the bypass would terminate at the very center of one of the most congested areas of the County at an outrageous expense to Virginia taxpayers, without resolving the problems. Ms. McElroy said the bypass would create higher volumes of traffic by schools, destroy neighborhoods and negatively impact the County’s beautiful ecology. She stated that there’s nothing new she can share here, and said she speaks for many when she asks them to reject the obsolete, ineffective bypass plan in favor of more cost-effective common sense solutions such as overpasses, the adding of lanes to Route 29, and extending existing parallel roads. Ms. McElroy thanked the Board for their time, and for showing the citizens enough respect to allow them to speak with all of them publicly, as it’s been long overdue. Mr. Robert Humphris, a resident of Albemarle County, said he is speaking on behalf of the Charlottesville Albemarle Transportation Coalition (CATCO), which was founded in 1988 for the purpose of researching and supporting reasonable transportation solutions for the community. For the past 25 years, CATCO has done that research, attended and spoken at many meetings and public hearings, and advocated for transportation projects that are efficient, cost-effective, and sensitive to the natural and built environment. Mr. Humphris stated that CATCO now comes before them again to ask them to cancel the wasteful, harmful, and inefficient Route 29 proposed bypass and restate its support for more sensible transportation solutions that all VDOT studies show will actually work – the Best Buy ramp project, Hillsdale Drive extended, Berkmar Drive extended, the widening of Route 29 between Polo Grounds Road and Hollymead Town Center, the state-of-the-art adaptive signalization system on Route 29, and improvements to the intersections of Route 29 with Hydraulic and Rio Roads. He said the community deserves a thoughtful, workable, multi-modal approach to transportation, and is counting on the Board to provide it. Mr. Cale Jaffe said he is a City resident and works for the Southern Environmental Law Center but is speaking today as an individual who has raised 3 children in this community. He stated that he is against the bypass and supports common sense alternatives such as those seen in the Places 29 Master Plan. He said he prefers these alternatives because they need to keep their eyes on a positive vision for the community – one that includes a robust downtown that’s easily accessible, a vibrant 29 North corridor once the necessary road improvements are made, and the rural landscapes and scenic rivers that define this historic community. Mr. Jaffe said the positive vision he sees for his family and community is threatened by the bypass and, even though a lot of people are mentioning Lynchburg, he used to work there and many of the downtown stores are boarded up and empty because the bypass takes people away from that community. He stated that the positive vision he sees is supported and possible with the alternatives in the Places 29 Master Plan and in the “Let’s Go 29” website – letsgo29.org. Mr. Jaffe noted that those alternatives are the ones which the FHWA should consider. Mr. David Hogg addressed the Board, stating that he has had a home on Ipswich Place in the Jack Jouett District since 1965. He said he is opposed to the construction of the western bypass for the following reasons: he is deeply concerned about the environmental impact on the schools, the watersheds, the reservoir, the cultural history of the County, and the extraordinarily high cost of the project, which won’t be fully known until the engineering has been completed. Mr. Hogg asked the Board to conduct a serious study of alternatives, particularly the Places 29 recommendations which offer the possibility of mitigating the traffic safety and congestion concerns. Ms. Carol Carter, a resident of 852 Redlands Farm Road in the Scottsville District, stated that she is opposed to the Route 29 Bypass. She said she has been driving Route 29 North since K-Mart was “out in the country” and, while it’s sad to see the shape the road is in, she does not believe a by-pass is the solution and would support a closer look at the alternative solutions which have been delineated earlier. Mr. Gary Brooks, a resident of Avon Street Extended in the County, stated that, to the north, south and west of them, there is quite a bit of traffic coming through the area. He said he is completely against having a mega-highway run through the center of town particularly around Christmas time, so he supports the bypass. Mr. Brooks also stated that the midnight vote helped bring this issue back to address a big problem and, if the environment is bad out on the bypass, then he wants them to consider the students at all of the other schools near mega-highways, because every child deserves the same. Mr. John Brooks, a citizen of Albemarle County, addressed the Board stating that he does most of his shopping in Waynesboro because 29 North is such a mess. He said it is a disaster to even think about going to that area to shop. He emphasized that there is nothing they can do about it now, because they have made it a main street and it’s something the Board will have to deal with in its present condition. Mr. Frank Ward said he is a Forest Lakes resident and supports building a bypass as well as building the other alternatives. He said he is also in favor of building an extension on the bypass up Rio Mills Road to Dickerson Road and past the GE plant, which would be a complete bypass of Charlottesville. Mr. Ward stated he would hate to be a person from Lynchburg having to get through this area during rush February 19, 2014 (Afternoon Adjourned Meeting) (Page 11) hour, adding that one can drive from Charlottesville to Madison in the same amount of time it takes to get from Forest Lakes to downtown. He said concerning the pollution, some of the busiest roads in the area – Preston Avenue and Ridge/McIntire – pass the County Building, and nobody is complaining about the air quality inside the building. Mr. Ward said he believed the air and water pollution argument to be totally bogus, because every square inch of the world is in somebody’s watershed. Concerning the cost, he said the trillion-dollar stimulus passed should have meant $20 billion available to Virginia for shovel-ready projects – suggesting 1/80 of the money could be used to build a bypass. Ms. Sally Thomas stated that she is a resident of West Leigh. Ms. Thomas said, in 1993 she ran a write-in campaign and got an endorsement from the Daily Progress because she opposed the western bypass. She stated that the editorial board at the time knew it was a bad idea but, in later years, ownership of the paper changed – and so did its stance on the bypass. Ms. Thomas said, in 2013, outside consultants advised some candidates not to talk about the bypass because it seemed to be a losing issue, but some of them spoke up and pointed out what was wrong with the bypass idea; grassroots organizations spoke up; and those candidates won by 87% of the vote. She stated that the more firmly the candidates spoke out against the bypass, the higher the margin of win. Ms. Thomas thanked the Board for letting citizens speak again on this issue, adding that citizens had, indeed, spoken when the new Board was elected. Ms. Barbara Cruickshank addressed the Board, stating that she is a resident on Park Way in the City and has a young granddaughter with another grandchild on the way. Ms. Cruickshank said there is nothing more important than everyone’s children and grandchildren, adding that one doesn’t have to be a scientist or researcher or a physician to know that car and truck exhaust is harmful to developing fetuses, children, and adolescents. She stated that any parent or relative in the area would tell you that we need safe alternative means of transportation, such as improved bus routes, pedestrian overpasses, and safe bike lanes. Ms. Mary von Thelen of 400 Ivy Farm Drive said she owns and operates a software business in the Jack Jouett District. She said she is an Albemarle County taxpayer and opposes the building of this road. She said, since the 2011 midnight vote, she has been dumbfounded that they are still having a discussion about this antiquated road design that costs so much yet accomplishes so little. Ms. von Thelen stated that she didn’t doubt that, when it was designed 30 years ago, it could be fairly described as a “bypass,” but that’s not true anymore and when it was reintroduced it should have been named the “Western Throughway.” She said many supporters of the road will say it’s “better than nothing,” but it doesn’t have to be better than nothing – it has to be better than the proposed Places 29 solutions, and it’s not. Ms. von Thelen said they should build the extensions to Hillsdale and Berkmar Drives and implement the other changes that directly affect moving traffic on Rt. 29 and, if they want to build the road, they can take the time to explore another longer route that is more appropriate for the current and future landscape – and make sure that it really is a bypass. Mr. Tom Olivier said he is President of Advocates for a Sustainable Albemarle Population (ASAP), which opposes construction of the Route 29 Bypass. He said building the bypass would spend hundreds of millions of dollars on an ineffectual road and presents risks to the environment and risks to school children. Mr. Olivier stated that the bypass was revived in a shameful process by an earlier Board of Supervisors, and ASAP asks that the Board rights this wrong by asking Richmond to terminate the bypass project now. Mr. Saunders Midyette, a resident of 102 Cavalier Drive, said he is a resident of the Jack Jouett District and asked the Board to enact a resolution to stop the construction of the W estern 29 Bypass. He said his opposition is based upon the many valid reasons presented by bypass opponents and presenters at this meeting, and thanked the Board for the opportunity to voice his opinion. Mr. Midyette urged the Board to consider the Places 29 and Go 29 solutions to the Route 29 traffic problems. Mr. Henry Weinschenck addressed the Board, stating that he was a long-time resident of the County but now lives in the City and owns a business on US 29 near Hydraulic Road. Mr. Weinschenck said the most direct route between DC and Atlanta is US 29, and geography marks their density – and with it comes a limited access road that replaces the current US 29. He stated that they’re on the Piedmont transportation corridor, and there are only two solutions to their dilemma: build the western bypass and eventually extend it northwards to the Greene County line; or build an expressway where US 29 is now. Mr. Weinschenck said they can build overpasses, but for each one they would be building an expressway a half-mile long and, in the process, destroying the livelihood of hundreds of people since the current right of way would have to be doubled from 150 feet to 300 feet – to maintain traffic during construction, and then to create adequate frontage roads. He stated that all small properties would have to be acquired by VDOT, and the larger properties would be seriously impaired. Mr. Weinschenck said they would have to keep doing this until all traffic lights are eliminated, and VDOT would have to spend several times what the bypass would cost. He stated that eventually the Board would have to choose between an expressway and a bypass – and all other choices are fictitious, unfortunately. Mr. Brian Rizzo stated that he lives at 155 Ivy Ridge Road in the Jack Jouett District and that a neighbor had stopped by his house in December to tell him that his home would now be in the middle of the bypass. Mr. Rizzo said his neighbor showed him some images of the proposed route, and he and four neighbors would now have their houses taken for right of way. He stated that, worse than that, is that the neighbors across the road and a bit further down would remain, with the bypass running through their properties. Mr. Rizzo said his neighborhood has been spearheading the anti-bypass efforts, yet he has been told they are “wealthy landowners.” He stated that there is a lot of disinformation being spread, which is dangerous and often used by people to get their own way. He said he is definitely opposed to the by-pass and urged everyone to be careful about the information that is being disseminated. February 19, 2014 (Afternoon Adjourned Meeting) (Page 12) Mr. Robert Belton addressed the Board, stating that he lives at 2670 Stowe Court in Ivy commenting that the phrase “you can’t see the forest for the trees” applies to this situation, with the Places 29 plan as the forest and the bypass project as the trees. He stated that the western bypass is politically motivated at a cost of hundreds of millions of dollars, which is downright foolish and environmentally suspect. Mr. Belton said Places 29, along with traffic light synchronization, will cost far less and will offer real transportation improvements, adding that the same type of system is functioning beautifully on Rt. 250 at Pantops. He emphasized that, in Albemarle, they are surely wise enough, intelligent enough, and far- sighted enough to see the forest and avoid a costly waste that is the bypass proposal – especially since they have identified better alternatives. Mr. Belton encouraged southern localities that have spent significant political capital to come for a visit, but not stay – because the western bypass was a dumb idea when it was first proposed and it hasn’t gotten any smarter. Mr. Michael Atchison addressed the Board, stating that he is a resident of 1771 Lambs Road and opposes the current proposed bypass for all of the reasons previously stated. He said any rational person who looks at the proposed bypass can see that it’s not a cost-effective alternative, and stated that they should be looking at other alternatives besides that one. Mr. Frank Rambo addressed the Board, stating that he is a City resident at 1449 Westwood Road and stated that the proposed route is 25-30 years old. He said so much has changed in the community and along Route 29 during that time and, if the route ever made sense, it’s obsolete now. Mr. Rambo asked the Board to implement alternative solutions such as those in the Places 29 Plan, which will avoid the damaging and permanent change that the bypass will bring, and will more cost-effectively solve the traffic problems. Mr. Robert Button addressed the Board, stating that he lives in Forest Lakes South near the proposed northern terminus. He thanked the Board for allowing a democratic process so the public can express what they have to say. Mr. Button said earlier Mr. Snow commented on the Route 250 Bypass as a model for what a bypass can accomplish, and that road is an important way to get across town. He stated that, if that’s the model for what a bypass should be, they’re moving in the wrong direction to latch onto a bypass idea that’s 25 years old. Mr. Button said what the bypass would accomplish would be avoidance of 14 traffic lights on the existing Emmet Street section, but it also puts thousands of cars each day on the section of Route 29 north of the Rivanna River heading towards Ruckersville – simply creating congestion where it is already fierce. Mr. Button stated that this proposal must be a dream for the land developers who own vast chunks of real estate north of the Rivanna River, because it will simply become much more valuable as they build gas stations and restaurants and other infrastructure to serve those travelers. He said they will also bring traffic lights – one after another – to serve that increased development. Mr. Button stated that it’s time to rethink the proposals. He emphasized that he favors a bypass, but not this one – because it’s not a bypass. He urged the Board to look at other directions and other ways to go. Mr. Max Evans addressed the Board, stating that he has lived in the City at 1306 Oxford Place for 45 years and taught urban and regional planning at the University of Virginia for five years, then opened a consulting business to support his family. Mr. Evans said he has been in the business of designing and planning roadways for almost 60 years and, in 1963, he worked in Pittsburgh with the planning staff that designed a four-mile section of urban interstate. He stated that, about 25 years ago, they suggested two parallel roads along Route 29, and that each project along there would contribute toward that construction. Mr. Evans said they proved in Pittsburgh that it’s very functional and the first thing they can do to relieve a congested area along a major artery. He stated that this plan is way outdated and was never a bypass – it’s an expressway, and there’s only two ways to get on and off of it, one at each end. He stated that the length of travel way is only one-quarter mile longer than the stretch of US 29 it goes around, and the remaining length is taken up with two interchanges – where most of the expense is. Mr. Evans said that it’s a very expensive project, and they need to seek better alternatives. Mr. Beverly Whitlock said he is a resident of 41 Georgetown Green and has been driving Route 29 for 59 years and has seen a few changes. Mr. Whitlock said his hometown is Stanardsville, and he would like to see a bypass to make improvements – not this bypass, but further out to get to Greene County. He said the house in which he grew up in Stanardsville was at the intersection of Route 230 and Route 33, so all of the trucks trying to take a shortcut came down Route 230, stopped in front of his house and then accelerated to go either east or west. Mr. Whitlock said his house has now been purchased by the Greene County Historical Society for their museum, and they wouldn’t have bought it had the traffic still been coming and accelerating at that point. He stated that something has to be done about Route 29, and he doesn’t go up 29 North unless he has to. Ms. Mary Rice addressed the Board, stating that she lives on Sugar Ridge Road in White Hall. She said they have some responsibilities as County citizens with a road like Rt. 29 going through the community, and they need to look at those responsibilities and put a value on them in order to make the right decision. Ms. Rice stated that they first have a responsibility to be respectful of those who just want to drive through Charlottesville to get north and south, and she would want the same from other communities in Virginia. She said that, secondarily, they have a responsibility to people who shop, eat, work and own businesses along Route 29 so they can do this safely with a minimum of frustration and a maximum of safety. Ms. Rice said she is one of those people, and she considers that choice to come with a little bit of patience – but nowhere near the traffic of other parts of the country. She stated that thirdly, they have a responsibility as taxpayers to ensure the money they invest is well husbanded. Lastly, Ms. Rice said, they have a responsibility to their children, their elders, their land and their County – and the proposed route of the bypass comes so close to six schools, it will affect the air quality of the children playing outside. She stated that it comes so close to the Colonnades, and asked if it was respectful and healthy for elders to be subjected to a bypass that will tower over their homes. Ms. Rice said they have a February 19, 2014 (Afternoon Adjourned Meeting) (Page 13) responsibility to take care of the beautiful land in the County and the precious water resources, and that is the most important responsibility they have – honoring the past and the future of the community. Mr. Robert Brust addressed the Board, stating that he has been a voting resident of Ivy Ridge Road for 18 years and commenting that the most accurate survey of how Albemarle County residents feel about the proposed bypass is the Board of Supervisors sitting there today. Mr. Brust offered his sincere thanks to the newly voted-in members who are delivering on the mandate from the people that this useless road be stopped. Mr. Brust said citizens hope the fresh air they bring tonight will continue as they lead the County successfully into the future, with a sharp reduction in sneaky midnight votes. He stated that he is against the western bypass “road to nowhere” because it will not solve the Route 29 traffic problems and even fails to deliver on its own name: bypass. Mr. Brust said, when he moved into the area, the by-pass was a “done deal” and the route was finalized, however, due to a surprise archaeological discovery 18 years later, the investment he made on the neighborhood would be wiped out. He said there was a home and grave site in front of the faces of those hired to find it. He said, if they cannot see the Sammons property, what other major historical sites exist throughout the route where nothing was found. He stated that this road has minimal benefit at most, yet the cost in terms of community, health, environment, heritage and money is astronomical – just to traverse six miles. He said the equation just doesn’t work for this project, and asked them to stop the road permanently and cut their losses now. Mr. Brust said Places 29 was publicly debated, unanimously approved by the Board, and is an active plan – so maybe they should just do it. Ms. Kathy Brust said she has been a resident of Jack Jouett for 18 years and, for 12 of those years, her late father – a native New Yorker – was a frequent visitor to their home. Ms. Brust said he considered this area “a little piece of heaven,” and the week before he died, he called and told her “not to let them ruin Charlottesville.” She said she did not know what he meant, but the morning after the June 2011 Supervisors meeting, his prophetic message was clear: he was concerned that those with power would destroy the beauty and tranquility of the area, much the same as the construction of the cross- Bronx throughway did to his neighborhood when he was a boy. Ms. Brust stated that the Board will continue to hear reasons why the resurrected bypass project is flawed, costly and ineffective – not only on its own merits, but politically incorrect, reflecting a crisis in leadership on both the state and local levels. She said she was reminded of the leadership debacle recently foisted on the University of Virginia by an unscrupulous, secretive Board of Visitors. Ms. Brust said she would begin a unit on patriotism with her preschoolers, and will teach them that it is the job of elected officials to represent the will of the people. She stated that our government is designed to be “for” – and not “to” – the people. Ms. Brust said, since June 2011, citizens have been bombarded with incessant messages that the western bypass is a done deal – but it is not. She stated that she is asking that they stop once and for all this proposed highway, which is not a true bypass, and incorporate Places 29 – which was supported unanimously by the Board of Supervisors in February 2011 and is still in force. She urged the Board to hear the public it was elected to serve and not allow our little piece of heaven to be defaced and destroyed by this multi-flawed plan. Mr. Tom Thompson addressed the Board, stating that he is a resident at 200 Ipswich Place in the Jack Jouett District and commented that, many years ago, there was an agreement that the western bypass would only be built if necessary – after improvements were made to Route 29, the Meadowcreek Parkway was completed, and roads near 29 were completed. Mr. Thompson suggested that they implement those things and see if the congestion problem is solved, a similar situation much like Greensboro, NC did years ago adding that there is no bypass needed there to this day. He said he supports Ms. McKeel’s opposition resolution adding that, if the various improvements for Route 29 solve the congestion, they won’t need a bypass and they will save the taxpayers the expense of one of the highest cost-per-mile highway projects in the country – an embarrassment for Charlottesville and Albemarle County. He stated that he doesn’t want to have to explain to his grandchildren why they spent so much money to plow through seven neighborhoods near the reservoir, increasing the traffic and the risk of pollution to the City’s main water supply. Mr. Thompson said it would also add more traffic to their children’s schools and would negatively affect their air quality – all this to solve just 10% of the traffic problem, when they still haven’t made the various improvements to Route 29 to solve the real source of traffic congestion. Mr. Kirk Bowers said he is a resident at 106 George Rogers Road in the Rivanna District and is an elected officer of the Sierra Club, the Charlottesville Center for Peace and Justice, and the Rivanna Democrats – and speaks for all three organizations. Mr. Bowers said Route 29 in northern Albemarle County functions as a route for regional and local traffic and, while the regional road is significant, it represents only a portion of the road’s function with 10-12% of the vehicles as through traffic. He stated that the majority of trips have one or both ends inside the urban area of the County, and much of the growth along Rt. 29 is in developments that are directly linked to Route 29 and use the road for their primary access, which then forces local traffic onto the main regional roadway. Mr. Bowers said more than 85% of trips along U.S. 29 are local, and this not only clogs the regional roadway, it makes it more difficult for people to access businesses along US Route 29. Since 1990, he said all VDOT studies have indicated that, if any of the bypass alternatives alone were constructed, the level of service along existing Route 29 would still be an “F.” Mr. Bowers said those studies also indicate that a bypass alone will not substantially improve traffic conditions on existing Route 29, and concludes that the decision not to construct the interchanges on Route 29 will leave the congestion problem unresolved. He stated that his organizations urge the Board to vote to include the two overpasses in addition to the Places 29 plan. Ms. Theodora Carey, a County resident, addressed the Board, stating that she is against the bypass and referenced World Health Organization information which is documented on the negative effects of noise pollution. Ms. Carey said she has lived in the County for many years, but has also lived in Pavilion VI on the Lawn at the University of Virginia. She stated that whoever designed the bypass took a February 19, 2014 (Afternoon Adjourned Meeting) (Page 14) straight line and just connected the dots – they didn’t think about the schools, the reservoir or the community. Mr. Matt Neurock addressed the Board, stating that he is a resident of 100 Ivy Ridge Road in the County and strongly opposes the bypass for many personal reasons – as the bypass will cut right through the middle of his neighborhood. Mr. Neurock said he has two daughters that attend schools in the area, and they will breathe the noxious fumes from traffic day in and day out, at school and at home. He stated that there have been recent, well-documented studies by the EPA and other agencies showing a direct increase in asthma, other respiratory diseases, impaired lung function, and even premature death due to exposure to automotive emissions for young children as well as the elderly. Mr. Neurock asked if a small decrease in commute time is worth our children, adding that there are much more effective and cheaper solutions to traffic problems which do not demolish homes, neighborhoods, African-American heritage sites, and do not pollute the water and air supply which would impact the well-being of children. He asked the Board to do the right thing by voting this by-pass down. Mr. Frank Birckhead addressed the Board, stating that he was born and raised in Albemarle County and moved to Carrsbrook in 1959, when it was out in the middle of nowhere. Mr. Birckhead said he’s seen the County grow and has seen the need for the bypass for a long time. He stated that Charlottesville was fortunate enough to get I-64 when it was supposed to go to Lynchburg, and made commitments to help Lynchburg out but have not lived up to those commitments. Mr. Birckhead said the 29 Bypass is not the full solution, but it would get things started – adding that everyone in attendance knows how long it takes any road approved, and by someone saying there would be another bypass is not going to happen, as roads take many, many years to go through the approval process. Ms. Cynthia Neff said she is a resident of the Rio District and lives off of Proffit Road near Route 29. Ms. Neff said there are many places with worse traffic than what’s on Rt. 29, but it is getting bad and they do need a plan. She stated that, when attending the Places 29 Master Plan worksessions, she took note of how complex the plans were – but over time, she realized that the time for simple, single silver- bullet solutions is long gone as the plan is now too old and too unwieldy. Ms. Neff said she serves on the Places 29 Advisory Council and still believes in the Places 29 Master Plan as it is something they not only can do but should do. She said she was in attendance at the June 8, 2011 meeting, along with members of the North Charlottesville Business Council and other members of the business community and said she felt a lot of people did know what was going to happen that night. She stated that, with the design-build approach, they will get what they can for $1/4 billion, but they don’t really know exactly what that will be. She encouraged the Board to re-affirm against the by-pass. Ms. Cheri Early addressed the Board, stating that she lives in the Samuel Miller District on Holkham Drive. Ms. Early said, in addition to the impact on the Sammons property, the blasting of Stillhouse Mountain to decrease the grade will do considerable damage to historic structures in that area as well as to homes, schools and retirement communities nearby. She stated that some of the nearby properties are also on the Virginia Department of Historic Resources Register, and all of these are major threads of the local historic fabric which are in close range of the blasting. At the July 2011 CTB meeting, she said the freight stakeholders input report listed I-81 and I-95 as corridors of significance for freight movement – and Rt. 29 was not mentioned. Ms. Early stated that, if Lynchburg wants to direct their truck traffic onto Rt. 29 rather than I81, they must realize that the termini at both ends are in the local commuter growth areas. She said, by bypassing a few stoplights, this road will save a little bit of time but there will be time lost in tie-ups at both ends of the road. Ms. Sue Albrecht said she is a resident at 255 Ipswich Place in the Jack Jouett District and is very much against the bypass because of the many reasons already mentioned. She said she also owns property in the Rosslyn Ridge Subdivision which has been laced with the stigma of the bypass for 20 years now, and also owns land across from the Sammons property on Lambs Road – and the bypass actually severs that particular property which would leave a very odd and undevelopable piece toward Hydraulic Road. She said she is very much opposed to this by-pass adding that she believes there is a much better solution. Mr. Lou Kramer said he is a resident of 700 Miller’s Cottage Lane in Earlysville and has lived in Albemarle for the past 43 years. Mr. Kramer said he wanted to express his gratitude to the ‘powers that be’ for putting I-64 in our backyard instead of Lynchburg, which everyone benefits from, and it is long overdue for Albemarle to have the integrity to honor the intentions and commitments made years ago to fellow Virginians and complete the bypass. He stated that the timing and location will never be right, and that may be why there was a midnight vote. Regarding the school issue, Mr. Kramer said, of the 180 class days, only 25-30% of the day is spent at school – and most of that is spent inside. He pointed out that those students are probably exposed to more pollution from riding the diesel-powered buses and sitting in traffic. He stated that it is a well-oiled machine for the representation of the people this is going to affect and, while he doesn’t fault them, it’s a shame that the local elections are being controlled by money. Ms. Janet Luff, a City resident of 2326 Highland Avenue, addressed the Board, stating that she came to the meeting because she was concerned that many people who were in favor of the by-pass would be at the meeting; however, it turns out that there are many voices against the by-pass. Ms. Luff said she moved to the area from Japan about 18 months earlier but lived quite a bit of her adulthood in the Hampton Roads area and, compared to that traffic, Route 29 is a breeze. Ms. Luff said there are many improvements to the road which could be done, including walkways for pedestrians, and one of the reasons she moved to Charlottesville was the availability of mass transit and waking opportunities. She stated that all she saw in Hampton Roads when more roadways were added was the movement of February 19, 2014 (Afternoon Adjourned Meeting) (Page 15) businesses from one side of town to the other and places became blighted. Ms. Luff noted that she lives in the Fry Springs area and walked to the meeting. Mr. Don Cowdrey addressed the Board, stating that he is a resident of the Highlands Subdivision in the Whitehall District and thanked the Board for holding the public hearing. He said the Board does not have any easy choices, but they could ignore the cost and advertised benefits and kill the project based on the environmental problems alone. Mr. Cowdrey said the Rivanna watershed is too delicate and too sensitive, and to put a through highway there is terribly dangerous – as accidents will happen. He stated that putting it at the doors of many schools also seems unacceptable to him. Mr. Cowdrey said changing Route 29 will not be easy, but it can be done. He stated that there was some mention that the opposition was “well-organized” and even “choreographed,” but he is a member of the opposition and that is not the case. Mr. Cowdrey said most of the people attending don’t know each other, but heard about the bypass hearing and came out to speak – so there is no well-oiled machine here. Mr. Clay Moldenhauer, of 102 Lide Place, said his family pays taxes on property in Charlottesville and Albemarle County. He said, initially he came to say that he is against the proposed bypass and for other alternatives, but decided to frame it in Shakespearean terms: “To bypass or to upgrade Route 29, that is the question. Is it nobler for our residents to accept for years Route 29, dust and potholes of outrageous detours, or is it more prudent to lay down our arms against a bypass and, by not opposing, move congested traffic further north and financial resources further south. That is the question. Residents can deny and sleep no more to the fact that heartache and a thousand natural shocks that flesh is err to, is being pushed upon us now by others devoted to schemes not our own. Yet something must be done by those who are most affected. Residents’ chances to evade perchance to scheme are gone, but there is time, as philosophy has taught, for the community hot tub, the circle on the green, time for the heart, and time out for the spleen.” Mr. Moldenhauer asked the Board to honor this mortal coil of doubt that makes them give pause to this calamity in the making that has been so long in the planning and even longer in the delaying. He asked that they “bring us to the undiscovered country of community harmony from which no traveler willingly leaves,” and “let this enterprise of great pith capture itself in resolution.” Mr. Greg Buppert of 101 Woodhurst Court in the Canterbury Hills neighborhood stated that the proposed bypass would be 100 yards from his backyard and he is opposed to the bypass because it is a costly, short-sighted project that won’t actually fix the problems that it is supposed to address. He said the project was certain to accomplish one thing: it will exact an irrevocable toll on the land, the neighborhoods, schools, waters and sense of place in Albemarle County. Mr. Buppert said there are better solutions, and he urged the Board to cancel the western bypass project. Mr. David Steinberg addressed the Board, stating that he lives on Polo Grounds Road in Albemarle County. He said he is a two-time cancer survivor and had lost a bit of his tongue, which impacted his speech. Mr. Steinberg said he questioned the old-fashioned business approach to paving and driving, and some businesses would have us believe that people have driven forever. He stated that the only thing that is endless is change, and an old-fashioned style of doing business by way of massive greenhouse gas emissions has supported them no less than it has supported other communities like Lynchburg – but this has been brief and meager when compared to how long the earth’s climate has supported us. Mr. Steinberg said the community has paved itself into a corner and there is no by-passing that fact. He stated that Charlottesville could be a leader as it has a responsibility to recognize the bypass idea for the historic relic that it is. Mr. Paul Shepherd of 1787 Lambs Road in the Jack Jouett District addressed the Board, stating that his entire family is opposed to the bypass and appreciates the Board’s willingness to revisit the decision. Mr. Shepherd said, in his time, he has made mistakes and learned that it’s best to just own up – and he appreciates this Board’s willingness to at least listen and consider that there are better alternatives. Mr. Irvin Cox, a resident at 528 Rookwood Place in the Samuel Miller District, said, for almost 30 years, the community has been debating the issue of increased traffic on US 29 – their commercial boulevard, their main street. Mr. Cox said the many businesses along the corridor are the economic engine for Albemarle County, and those businesses employ over 20,000 persons, provide almost $900 million in annual salaries, and contribute over 45% of the County’s total local tax revenue. He said there are basically only two solutions to the traffic issue: they can either build the bypass or turn Rt. 29 into an expressway, as in Places 29. Mr. Cox stated that, for Places 29 to provide the level of service required, between two and five grade-separated interchanges would have to be constructed. He said a video put out by opponents of the bypass shows an artist’s rendering of the Hydraulic Road/Route 29 interchange still in place – and this could only happen if the interchange was built overnight and magically dropped in place. To maintain traffic during the grade-separated interchange construction as required in Places 29, he said all existing lanes – north, south, east and west – would have to be temporarily relocated outside of the 150-foot right of way, and all structures in the four quadrants around the interchange would have to be demolished. He stated that there is also the issue of access and frontage roads that would take out even more businesses, and all of that would create daily disruption and inconvenience during the 2+ years of construction – all resulting in loss of jobs, salaries and tax revenues. Mr. Cox said the logical, common- sense and effective solution is to build the Rt. 29 western bypass, which doesn’t go far enough to the north or south but could be extended at a later time. Mr. Randy Salzman addressed the Board, stating that he is a City resident but owns property in the County, and is speaking as a taxpayer. Mr. Salzman said the overpasses at Rio and Hydraulic have always been the best solution, as VDOT has indicated numerous times. He stated that, in 2012, the entire County collected $12.8 million in sales tax revenue through the 1% that stays in the area. Mr. Salzman said the businesses in the area would essentially have to lose $1.2 trillion in the two-year time period of construction for them to actually lose as much as the County – and that presumes that everyone who February 19, 2014 (Afternoon Adjourned Meeting) (Page 16) would have been shopping on 29 North would have left the County. He stated that the argument makes no sense. Mr. Salzman stated that the safety arguments are also flawed, as ¾ of all accidents on 29 North in the County take place at Rio and Hydraulic intersections, and only overpasses will resolve the safety issues. He said, on a per accident preventive basis, building the by-pass will cost the County $10 million per accident; building the overpasses will only cost the County $450,000. Mr. Ray Nedzel of 439 Woodhaven Court in the County said he moved here 12 years earlier, loves the area and believes that it’s the people who make it a beautiful place to live. Mr. Nedzel said the 29 Bypass is not an example of how they’re being beautiful people, and it’s kind of a fake argument. He encouraged the Board to abandon the fake argument of the bypass, along with the inaction of the previous decades, and work toward solutions that actually reduce traffic, eliminate dangerous intersections, and serve the beautiful people who live in the County. Mr. Richard Wagaman addressed the Board, stating that he lives at 1565 Heathrow Lane in the Keswick area of the County and is against the bypass in its current location. He said there’s no doubt that a bypass is needed, and the Board has a rare opportunity now because the stars are aligned, with a governor who can spend four years to help make the right solutions happen. Mr. Wagaman stated that the bypass should be on the eastern side, not the western side, and running along the ridgeline so it minimizes the environmental impact. He stated that it would also give the governor bipartisan support, adding that he has spoken with the Chambers of Commerce in Lynchburg and Campbell County and Danville, as well as the chamber in Culpeper, and they all want something to happen. Mr. Wagaman stated that this governor can help make it happen in four to five years if it’s put in the right place. Ms. Wren Olivier addressed the Board, thanking them for the opportunity to speak and stating that she is opposed to the bypass for several reasons – but she would focus on the people and the environment. Ms. Olivier said she is worried about the danger to school children as the bypass goes by schools, the risk to the public water supply, and the potential damaging impact to the Ivy Creek Natural Area which is such a valuable area for all of the residents of the County. Mr. Daniel Keenan addressed the Board, stating that he is a resident at 208 Montvue Drive in the Jack Jouett District and commenting that he wanted to focus on the misstatements made by the Daily Progress and others. Mr. Keenan said the data released by the newspaper said that over 50% of the community was in favor of the bypass – but these are done by phone surveys, which are extremely unreliable and work their way through rejections until they find respondents. He stated that, even good surveys only get 5-20%, and this one had about 15-20%, which means it took four or five-thousand rejections to get there. Mr. Keenan said it’s hard to get accurate representation with that dynamic. He stated that the paper also talked about “time savings,” but if you go into the actual report by the consulting firm, those numbers are for 2040. Mr. Keenan said the 22 minutes saved are if one gets on the bypass and does two trips, and the time on Route 29 is less than half of that. (Note: The Board recessed their meeting at 7:25 p.m., and reconvened at 7:39 p.m.) Ms. Anna Sisman addressed the Board, stating that she lives at the Villas at Southern Ridge in the Samuel Miller District just south of I-64 and supports the bypass because time is the most important thing to her, and the road would help her get to shopping on 29 North more quickly, would shorten her travel time, and would also help her husband get home from work more easily. Mr. Paul Adler, of 206 Westminster Road, addressed the Board, stating that he has been a resident of the Jack Jouett District for over 20 years and opposes the bypass, and finds some of the discourse related to the issue to be “pretty strange.” Mr. Adler said it’s been said that polls show people of the County to be in favor of the bypass, but you can run polls to show whatever kind of result you want based on how you state the questions and do the sampling. He stated that there is one poll that’s very reliable, and that’s called an election. He said the major issue was the bypass and the midnight vote, and the two incumbents who were supporters of the bypass and took part in the midnight vote were soundly defeated – adding that it’s unusual to see incumbents lose by so much in U.S. elections. Mr. Adler stated that this bypass will do nothing for traffic on 29 North, and VDOT says that 90% of the traffic is local. He said the long-range through traffic can be assessed by taking a bus or car down 29 South to the middle of Nelson County. Mr. Mike Farabaugh of 24 Roslyn Heights Road in the County addressed the Board, stating that he is against the road adding that it is not a bypass. Mr. Farabaugh said there are environmental, fiscal, engineering reasons that it’s not a good idea and, if that’s not enough to consider, they should think about how it got back on the agenda: a sneaky, underhanded midnight vote. Mr. Farabaugh stated that it was crooked and it stinks and, if you dig deeper into it, one of the members of the Commonwealth Transportation Board owns a business there – and it would hurt his business. He stated that was a conflict of interest and he shouldn’t have been allowed to vote. Ms. Tammie Moses of 24 Roslyn Heights Road addressed the Board, stating that she lives in the Jack Jouett District and asked Board members to reconsider its stance on the western bypass. Ms. Moses said she is hopeful that, with the new Board, the voice of citizens will be heard and not ignored as it was in the past. She stated that it’s time to act in a fiscally responsible manner by putting the so-called bypass to rest. Ms. Moses said the route is obsolete at best and will not serve the community in the manner proponents are suggesting. She said the bypass is a politically-motivated project that will cost the County in terms of tax dollars and in aesthetics. She stated that the County would look like Northern Virginia and would not have learned from the mistakes of Culpeper and Gainesville, who have two bypasses because the first one wasn’t adequate. Ms. Moses said they don’t have the resources to get it wrong, and they would have to live with the decision and won’t be able to afford the right bypass, with this February 19, 2014 (Afternoon Adjourned Meeting) (Page 17) 6.2-mile road costing about $1/2 billion or more with change orders, with many unknowns such as the Best Buy ramp and northern terminus. She stated that Places 29 would be a fraction of the cost, and they need to make the right decisions for now and for the future. Ms. Moses said it is a proven fact that parallel roads and overpasses work, and they need to stick with Places 29 and see those projects through. She stated that the public is tired of midnight meetings, surprise votes, and Lynchburg and Danville telling them what’s right for the community – as it’s the local residents who will have to live with it. Mr. Harold Pillar, a resident of Scottsville, addressed the Board, stating that he doesn’t drive on Route 29 because he doesn’t want to see cars “t-boned” by other vehicles and no one is really talking about the safety issue. Mr. Pillar said that these are real problems, and he doesn’t see any peace and tranquility when driving on 29 – he sees a mess – and having overpasses doesn’t resolve that. He stated that the Board should put the people of Albemarle County ahead of their own political agendas. Mr. Charles Tolbert addressed the Board, stating that he lives at 303 Westminster Road in the Canterbury Hills neighborhood and sees the road as a needed internal connector, which will become a major asset to the County. Mr. Tolbert said the County has one other such internal connector in the community – the Route 250 Bypass, which connects the western part of the community with Pantops to the east, bypasses downtown and the City business district along Main Street, and cuts through neighborhoods, passes near schools, and even goes through part of a park. He asked the Board to think about what the community would be like if the road had not been built, adding that they would still be using Main Street and University Avenue to go across town. Like the east-west connector, Mr. Tolbert said they now need a north-south connector to bypass the County’s business district along Route 29. He stated that he is grateful that the leadership at the time had the foresight to build the 250 Bypass, and believes there will come a time when the western bypass is just as important. Mr. Tolbert urged the Board not to be on the wrong side of this decision. Mr. Tracy Carver of 2009 Woodburn Road addressed the Board, stating that he was born in this area as were many previous generations of his family and was against the bypass because of facts – not emotion. Mr. Carver said $40 million a mile is excessive, and he drives from Batesville from Ruckersville on a daily basis for work. He stated that the through traffic mentioned on 29 southbound is not there at 8:00 or 9:00 a.m. Mr. Carver said it only takes him 40 minutes to drive 31 miles and, when he returns from Ruckersville, he hits no traffic until Hydraulic and the 250 Bypass. He emphasized that all of the traffic in the afternoon is going north, and the bottleneck happens at the Rivanna Bridge where there are four lanes of traffic going down to two. Mr. Carver said the bypass will essentially create a bottleneck at both ends, and stated that they would not be creating anything to move traffic any faster – as it would still create a bottleneck no matter how it is built. Ms. Laney Kaminer addressed the Board, stating that she is a resident of 201 Montvue Drive in the Jack Jouett District and is president of the Montvue Citizens Association. Ms. Kaminer said they are not one of the rich neighborhoods mentioned by opponents, but are mostly folks who have owned their homes for over 20 years and are either retired or would like to retire – but their houses aren’t saleable. She stated that they have lived under the specter of the bypass for over three decades, and just this line on a map has cost them dearly in declining property values and the inability to sell their homes for what they’re worth. Ms. Kaminer said VDOT owns or leases 10 properties out of the 39 homes in the subdivision, and many of the tenants have not been properly vetted – with drugs sold from two of the houses. She stated that she has a bacterial lung disease that has environmental origins, and will remain on antibiotics indefinitely – and the proposed bypass will be directly behind her house, with an 11% grade stretching to the top of Stillhouse Mountain. Ms. Kaminer said, for reference, the grade of Afton Mountain is only 5%, and the diesel fumes from the climbing and descending trucks m ay further impact her health – adding that children at the nearby schools do not need to be breathing harmful fuels from vehicles on a road to nowhere. She stated that she is hopeful that the Board, along with the state and federal government, will do the right thing and stop the by-pass. Ms. Jane Porter Fogleman addressed the Board, stating that she is a native of Charlottesville and her family has been here since the late 1600s. Ms. Fogleman said she lives west of town and is not directly impacted by the bypass, but feels that it would be very destructive to the scenic beauty of Albemarle County. She stated that she echoes the opinions of all of the previous speakers in opposition of the bypass, adding that everyone made the same points over and over again. Ms. Fogleman said she has great faith that the Board will take all of those comments and consider them in total, then make the right decision. Mr. Scott Vande Pol said he didn’t know about the bypass when he moved to Lambs Road in the Jack Jouett District 10 years ago but he has been coming to meetings for that decade. Mr. Vande Pol said the road is not only objectively pretty stupid, it is really unpopular. He stated that, in reading the history of the bypass, the early environmental impact statements show that the route was chosen because it was the shortest and cheapest route – not the best – to serve the interests of trucking in the late 1980s. Mr. Vande Pol said today, even that purpose is poorly served by the 30-year-old plan, so it’s reasonable to ask what is pushing it forward. He stated that he thinks it’s a type of authoritarian energy, moving forward not on its own merits but on its own momentum. Mr. Vande Pol said, if you listen carefully to the comments, no one is actually in favor of the bypass, they are just in favor of doing “something.” He stated that, even proponents are not expressing enthusiasm for this plan and, in opposition to this force, is strong grassroots energy and encouraged the Board to go with that. Ms. Donna Vande Pol addressed the Board, stating that she lives in the Jack Jouett District and strongly opposes the western bypass for the reasons already stated. Ms. Vande Pol urged the Board to consider the alternatives, which are more cost effective and will solve both current and future needs. She February 19, 2014 (Afternoon Adjourned Meeting) (Page 18) stated that she hopes the Board can permanently terminate the bypass plan and release all the neighborhoods that have been held hostage for more than 20 years. Ms. Mary Buford Hitz addressed the Board, stating that she and her husband live at 521 N. First Street and own property in the Whitehall District. Ms. Hitz said she likes Winston Churchill’s statement that “democracy is the worst form of government except for all the others that have been tried,” and commented that living in a democracy is messy and time-consuming, and she salutes all Board members for the patience and stamina it takes to be public servants. Ms. Hitz stated that transparency is the core principle of democracy and, in the battle over the bypass, transparency was lost. She said citizens were asked to come to meetings held over many months to devise a strategy for improving traffic on 29, and slowly – with citizen input – they came up with Places 29. Near midnight one night, she said, through back-channel maneuvering, a BOS meeting was hijacked and the bypass was resurrected. Ms. Hitz said state and local efforts to ram through the funding and planning stages were slowed only by federal environmental standards and, in the middle of this, then Governor Bob McDonnell fired a member of the Commonwealth Transportation Board who was against the bypass. At each critical juncture, she said the message has been “it doesn’t matter how it happens, just make it happen.” She stated that it does matter how it happens, with Charlottesville being a historic city and UVA’s lawn being a World Heritage site, and they need to keep the scale of the infrastructure appropriate to the city it serves. Ms. Hitz asked the Board to continue to restore citizens’ faith in how things are done by deliberating openly. Mr. Ben Bates addressed the Board, stating that he lives at 4220 Rowan Court in Earlysville in the Whitehall District and commented that he wasn’t the only one outraged when he heard of the sleazy midnight vote that occurred to resurrect this process. Mr. Bates said he’s been going to these meetings since the early 1970s and, in every one of them, the public opinion has been overwhelmingly against the proposed bypass. He stated that the seeming conspiracy to resurrect the project was the most egregious exhibit of trying to thwart the will of the public that he’s seen in his lifetime, and he doesn’t understand how the perpetrators of the plan can walk in the community and look people in the eye without a feeling of shame. Mr. Bates said his feeling was shared by others, and they’ve now had an election – the best demonstration and proof that citizens are overwhelmingly against the bypass and that justice will prevail. He stated this has provided the best opportunity they will ever have to kill the plan once and for all, and encouraged the Board to use this positive opportunity to eliminate the project forever. Ms. Sallie Kate Park, a resident of Old Brook Road in the Rio District, addressed the Board stating that she’s attended several hearings over the past few years and is puzzled at the claims that the vast majority of people support the bypass – but considering that these claims are made by the Free Enterprise Forum and the Chamber of Commerce, the proof of the pudding has been the attendance at these hearings and the vast opposition to the project. Ms. Park said the most recent election is also proof, and she appreciates a previous speaker’s emphasis on the importance of transparency. She stated that another reaction brought forth in the hearings has been frustration, focused on not seeing alternatives or options other than the planned bypass. Ms. Park said other cities in both the US and Europe use alternatives to deal with traffic such as roundabouts, and she would like to see other options like that explored. Ms. Lee Politis addressed the Board, stating that she is a resident of 533 Rookwood Place and referencing comments made by a speaker at a previous meeting who said that her father – who had built roads for a living – would have said that “this one’s being built for the politicians.” Ms. Politis said the woman said the reason he would have made this rather obvious comment is because the road would cost an exorbitant amount of money and bypass all of three miles of Route 29. She stated that the road would cut through a small mountain and run surprisingly close to a number of schools and homes, the Colonnades, the SPCA, the Ivy Creek Natural Area, and the South Fork Rivanna River. Ms. Politis said there would be tremendous destruction and widespread exposure to noise and vehicle exhaust for a very small savings in time, and only for 10-12% of drivers passing through the area. She stated that it just doesn’t make sense, and four of the former County Supervisors pushed for the bypass before they had accurate information about the health and environmental effects of the road, and now it is known that the Army Corps of Engineers and EPA had advised serious consideration for alternatives before committing to the bypass. Ms. Politis said the bypass is not a road they want or need, but they do need overpasses at Hydraulic and Rio Road, extensions to Hillsdale and Berkmar, and a Best Buy ramp. She stated that those projects would serve local traffic and the traffic passing through to Lynchburg and other points south. Mr. Morgan Butler, on behalf of the Southern Environmental Law Center, stated that the choice they face is not between building the bypass and doing nothing – and it’s not a question of whether they fix the problem, but how. Mr. Butler said, at its core, the Places 29 strategy is about prioritizing fixes that help all drivers, and not just helping one subset over another. He stated that it also offers so many other benefits that the damaging bypass proposal does not, such as increasing access to local businesses and giving people a safe way to walk across Route 29. Mr. Butler said the County has put a huge amount of effort into fleshing out this approach and making sure that the projects can be sequenced in a logical way that minimizes disruption during construction. He stated that it’s a feasible and cost-effective plan that makes sense, and this is where they were headed prior to the abrupt reversal that occurred in June 2011 – and this is where they need to return now. Mr. Butler said the Board doesn’t have the sole power to stop the bypass or build the Places 29 improvements, but it makes clear to the state, federal government, and everyone else that the surprise vote engineered two and one-half years has been corrected, the County opposes the bypass, and that they would like to partner with the state to advance the better solutions outlined in Places 29. He stated that, with the letter released today, efforts today send a strong message that the bypass does not make sense and the state should pursue better alternatives. He said this isn’t a signal to spend two more years studying this proposal, as was suggested earlier; it is a signal that this proposal should be killed. He said now is the perfect tim e for the County to send this same message. February 19, 2014 (Afternoon Adjourned Meeting) (Page 19) Mr. Peter Hallock addressed the Board, stating that he is a resident of Keswick, Virginia in the Rivanna District and commenting that he had attended a meeting in the 1980s in which the interchanges had all been approved by VDOT and they were just putting on the finishing touches, when a group of people from the Chamber of Commerce came in and killed it. Mr. Hallock said that, if they had let it go through, they would have the interchanges and know if they would solve the problem and know whether they needed a bypass. He suggested that they go back and do the interchanges to find out. He stated that he had a business on Rio Road and, when they widened the road, he lost some business but his property values went through the roof – so it’s not a bad thing to improve roads right in front of your business. Mr. Dennis Rooker of the Jack Jouett District addressed the Board, stating that every neutral party that has studied the western bypass has concluded it’s a project that should not go forward. Mr. Rooker said the environmental impact statement, which was done at a cost of $3.5 million, concluded that if you built a bypass and did not build overpasses at the key intersections, the corridor would operate at an “F” level of service. If you built the overpasses and didn’t build the bypass, he said the corridor would operate at a “B” level of service. He stated that Mark Warner voted against the project in 1990 when he served on the CTB, stating it was obsolete. Mr. Rooker said Butch Davies and Jim Rich served on the CTB for 11 years, both studied it and determined that it didn’t make any sense for the state to invest in the project. He stated that Friends of the Earth and Taxpayers for Common Sense have five times found the project to be one of the worst projects in the country in terms of wasting taxpayer dollars and harming the environment. Mr. Rooker said the Secretaries of T ransportation, Whit Clement and Pierce Homer, had their commissioners study the road thoroughly and determined that it should not go forward. He said VDOT itself performed a $1.5 million corridor study that concluded in 2010 that the bypass would no longer serve as a useful through-transportation corridor and, most recently, the FHWA issued a letter stating that, “It is expected that a reassessment of the purpose and need will find that it is no longer adequate to support and serve the investment in the corridor.” Mr. Rooker stated that the findings by these independent third parties were not even based upon the severe environmental impacts of this road on the community; they were based on the conclusion that the proposed bypass has long been obsolete, and there was no way to justify its cost by its very limited transportation benefits. He said the environmental impacts as presented are devastating – and that’s because the proposed road is not a bypass at all, and goes through or beside 10 neighborhoods, six schools and the reservoir. Mr. Rooker asked them to return to the sanity embraced by the Board for more than 25 years and support the resolution before them. Mr. Ted Deucher addressed the Board, stating that he is a resident of the County and is opposed to the bypass. Mr. Deucher said three decades ago, this was determined to be inadequate to serve their needs but has now been resurrected and is still not adequate to serve the purpose it was intended for. He stated that bypass proponents suggest that the majority of citizens of the County favor a bypass, but this is a faulty conclusion. Ms. Lynne Deucher addressed the Board, stating that she is opposed to the bypass as it’s designed now because it is an old plan that was rejected 20 years ago. Ms. Deucher asked if they could be more future-oriented than that, and said that they needed to think of new plans and not go back to something that was rejected long ago. She stated that it also threatens the water supply, which is a critical factor to consider, and the recent contamination of the Dan River in Danville and the Elk River in Charleston, WV should give the Board pause and reason to be more aware of the need to protect the area’s water supply. Ms. Deucher said the project will cause major air and water pollution to six schools, and she asked why they would want to pay $250 million to burden children with this additional risk when they are already reeling from reduced funding for schools in general. She added that the bypass would ruin many neighborhoods and would have a devastating effect on the beauty and ambience of the area. Mr. Michael Bills addressed the Board, stating that he was a resident of Broomley Road in Albemarle County and had been in the area for many years trying to assess what citizens care about. He said the one issue that consistently comes across is traffic and, when you offer the idea of a bypass, they say “yes, please and thank you.” Mr. Bills stated that then, when you talk about this particular bypass and show what the cut would look like versus the land that is there now and tell them that there is no money for landscaping in the plan, you lose some support. He said, when you tell them it goes near schools, you lose some other people and, when you tell them how much it costs, you get groans and lose more support. Mr. Bills stated that, when you talk about the antiquated plan and the fact that VDOT says the road will still be an “F” level of service, people get completely incensed. He said the Board needs to address the traffic issue, but needs to oppose the bypass because it doesn’t work. He stated that they need to protect the local reputation as thoughtful people working to protect the character of the community. Mr. Scott Tumperi addressed the Board, stating that he is a City resident living on Jefferson Park Avenue and isn’t for or against the bypass, but just doesn’t feel that there’s been an appropriate engineering study. Mr. Tumperi said the numbers are a bit old because the technology at the time for counting traffic was just using air hoses across the road so it didn’t really show the traff ic destination. He stated that, if he could be shown that an appreciable percentage of the traffic actually bypassed Charlottesville, he could possibly support the road, but if it is just a small percentage, he would have a problem with it. Mr. Tumperi said, regarding safety concerns, he would make a bridge overpass at Ashwood Boulevard, and there are also other pressing safety needs. He stated that he would probably support a bypass in the future if the numbers worked, but not at this point with the data that they have. Mr. Benjamin Lehman addressed the Board, stating that he is a resident of 145 Ivy Ridge Road and his home is one that could potentially be taken from him by eminent domain to build this project. He said he and his wife and three children could be displaced from their home and friends and neighbors and February 19, 2014 (Afternoon Adjourned Meeting) (Page 20) schools against their wishes and desires and, when eminent domain is invoked, it must be for a project that holds a very high standard – and this one doesn’t. Mr. Lehman stated that this road may have provided a small amount of traffic flow benefits 25 years ago, but at this point, 25 years have gone by and massive amounts of development have occurred north of where the road ends – so it no longer fulfills its original purpose. He said it is ludicrous to believe that, after 25 years of change and growth, this outdated project could provide any significant benefit, especially at its huge financial cost. Mr. Lehman stated that most opponents of this project are not suggesting doing nothing, but they should focus efforts on Places 29 improvements and building overpasses at Hydraulic and Rio Roads, which would significantly improve local and through traffic as well as providing safe and easy passage to move across Route 29. He said all of these projects could be done at a fractional cost as compared to the so-called bypass, and provide equivalent time savings along with additional benefits to local traffic flow. Mr. Lehman also commented that the FHWA letter included a lot of common sense, and it seemed ironic to him that the federal government was preaching to the locality about common sense approaches and practical spending of money. He asked the Board to please apply common sense and end this project once and for all. Mr. Dave Marsh addressed the Board, stating that he lives at 55 Lynnwood Lane in the Jack Jouett District and is a small business owner, and opposes the bypass. Mr. Marsh said, in 2012, he started a business that utilized his 25 years of experience making video games. He stated that he did a Kickstarter campaign for $120,000 and raised all the money to resurrect a 1980s video game, and in looking at it he realized that he had 3,468 gamers who had backed his project – and as such had a responsibility to them to be a good steward of the money entrusted to him. Mr. Marsh said the definition of a good steward is one who manages another’s property or financial affairs, one who administers anything as an agent of another or others. Mr. Marsh urged the Board to be good, smart stewards of what has been entrusted to them, not only for hardworking people’s dollars but for the compelling information presented to them by regular people here and various experts in the field, who have shown that this proposed bypass is reckless and wasteful. He said, if the Board fails in this regard, they will not only fail those who trust in them to make wise, accountable decisions, but will also fail future generations who will be impacted by the same. Mr. Nicholas Rader of 1012 Druid Avenue addressed the Board, stating that he and his family chose Charlottesville for a number of reasons, but quality of life, community values and great schools were driving factors behind their decision, and they found what they were looking for in Albemarle County. Mr. Rader said, in looking at the proposed solution to the traffic problem s, he is astonished that the project was ever considered – let alone approved – and it doesn’t take an engineer, a business person or a politician to come to this same conclusion. He said he is pro-growth, but it must be managed and strategic, and it seems that neither of those things applies in this case. Mr. Rader said the proposed bypass is not a bypass and should not be described as such, and a 6.2-mile access road is not a long- term solution but a poor attempt at a Band-Aid. He stated that it skips only a portion of Route 29, and they would still be faced with heavy traffic congestion and dangerous intersections along the corridor. If a bypass is truly desired, he said it needs to look much different and actually be a bypass. Mr. Rader said it is the Board’s responsibility to perform due diligence and come to the table with proposals that mitigate the problems, not add to them. He stated that they do not need to solve the problem today, just stop the insanity adding that support of the project would be negligent and would not uphold the greater voice of the community and the values that have attracted people here. Mr. Rader emphasized that this decision will have impacts on the community that extend far past what any one proponent of the project is willing to consider. He stated that they need to confront the problem where the problem is, and that’s along Route 29. Mr. Rader said the reality is that sometimes short-term sacrifices need to be made to ensure long- term success and, while going back to the drawing board is painful, it is required of them. He urged the Board to ask themselves if it makes any logical sense, and the answer is no. Mr. Stephen Bach of 1208 Meriwether Street addressed the Board, stating that he is a City resident and commented that the reason road proponents resurrected the bypass is that they didn’t have a rational, persuasive case to build it – and they don’t have one now. Mr. Bach said part of killing the project involves having the MPO representatives removing the item from the project list of the long-range transportation plan, which is now in the process of being updated. He stated that it’s critical the Board make sure there is no entry in the list for construction of the bypass, and getting the federal money out of there will be a big step in the right direction. Mr. Keith Crawford of 3374 Turnberry Circle addressed the Board, stating that he is a Forest Lakes resident and works at UVA’s Darden School of Business. Mr. Crawford stated that he grew up on Proffit Road and has worked as a transportation planner, road designer and real estate developer. He said he drives 29 North almost every day and believes they need to make investments to improve the corridor, urging the Board to stop the outdated bypass project. Mr. Crawford stated that the community and state deserve better, and the design-build process under which the obsolete bypass project was suddenly revived displays either the mismanagement of financial resources at best – or deception at worst. He said either conclusion is deeply disturbing for those who are funding this venture, which was labeled one of the nation’s worst transportation projects even before its southern terminus design was altered to make it a functional failure as currently proposed. Mr. Crawford stated that the accepted northern terminus design is also inadequate, and this leads to the conclusion that either the previous administration in Richmond did not understand that they had proposed a new design that did not work, or they had intentionally put forward a design that had a lower cost to gain CTB approval with the idea that they would later change the southern and northern terminus designs at an additional cost of tens of millions of dollars to taxpayers – which he sees as bait and switch deception. He said this is not how he wants his money to be spent and, as proposed, the 29 Bypass is little more than a dysfunctional local street that only leads to another set of endless traffic signals beyond its northern terminus. Mr. Crawford said there are better ways to invest the limited transportation funds available for 29 North improvements, February 19, 2014 (Afternoon Adjourned Meeting) (Page 21) and hopefully they will be rationally considered. He urged the Board to stop the outdated 29 Bypass project, stating that the community and the Commonwealth deserve better. Ms. Lena Seville of 808 Altavista Avenue addressed the Board, thanking members for providing the public with an opportunity to talk about something that a lot of people felt they should have been able to do back in 2011. She stated that she is a big proponent of transparency and openness in government, and the new Board members understand how the public felt about the last-minute change of the rules. Ms. Seville said previous speakers have spoken well on the specific issues related to the project, and shaving a few minutes off of 10% of people’s time doesn’t fit for this amount of money and destruction, or the potential pollution hazards to the school and water supply. Ms. Jeanne Liedtka, a resident of 320 11th Street in the City, addressed the Board stating that she is a taxpayer both in the County and the City and thanked the Board for the opportunity to allow the public to be heard. Ms. Liedtka said she is a business school faculty member at UVA, and believes in economic rationality and sacrifice for the greater good – but when she evaluates who the greater good is here and who is being serviced by this road at the expense of schoolchildren and taxpayers and college students who have to cross Leonard Sandridge Drive to get to class every day, who’s being served seems like a very small number of passersby, politicians, and businesses on 29. She stated that she finds it outrageous that somehow their needs trump the needs of everyone else, and urged the Board to overturn the decision. Mr. Daniel Bowman of 3170 Beau Mont Farm Road addressed the Board, stating that he has lived in the Jack Jouett District for nearly eight years and, prior to that, lived in Lynchburg for 12 years, so he is very familiar with the 29 corridor and is strongly opposed to the proposed bypass. He thanked the Board for holding the public hearing, and said that citizen participation and transparency in government decision- making are extrem ely important. Mr. Bowman asked the Board to base its decision on the proposed bypass on a careful analysis of data, not on assertions or generalizations, and on the basis of economic impacts to local taxpayers. He stated that a Daily Progress article published the previous day states that people would save “22½ minutes in daily commutes” if they used the proposed bypass compared to using the existing roadways. Mr. Bowman said, at a quick glance, that looks wonderful – but upon closer inspection, that is the cumulative time savings by the total but unstated number of both northbound and southbound vehicles in the year 2040. He stated that another way to look at it is that driving the entire 6.2 miles of the proposed bypass at 55 mph would take 6 minutes, 45 seconds; driving the existing roadways at 40 mph would take 6 minutes, 45 seconds. Mr. Bowman urged the Board to examine the costs and benefits of the proposed bypass and compare them to the cost and benefits of real alternatives. Ms. Sonjia Smith addressed the Board, stating that she has lived in Albemarle County since 1999 and currently lives at 815 Broomley Road. She said she was before them to express her deep dismay at the June 2011 Board of Supervisors vote and ask them to reverse that vote. Ms. Smith thanked the Board for holding the public hearing, stating that it means a lot to her to see her fellow citizens being heard. Ms. Nancy Sherman addressed the Board, stating that she lives at 355 Barracks Farm Road in the County, near where the bypass would cut through. Ms. Sherman stated that she strongly opposes the bypass, partly because the plan seems outdated and short-sighted, and also because of health impacts on adults and children in schools located near the bypass. Ms. Sherman said she doesn’t believe the environmental impacts have been fully considered and, in looking at a Google map of the bypass route, it’s easy to see that it will go straight through one of the largest remaining forested landscapes in the area. She stated that the forest provides ecological benefits such as cooling of the air in the summer, removal of carbon dioxide and additional oxygen to the atmosphere, natural water filtration, and habitat for birds and other wildlife. Ms. Sherman stated that the bypass would go straight through this irreplaceable landscape and, in addition, is on a slope that drains to the tributaries to the South Fork Rivanna Reservoir and Rivanna River. She said runoff from the bypass carrying pollutants such as oil from vehicles and herbicides may eventually end up in the streams and rivers, and winter chemicals and salts used to treat the roads are visible on pavement and cars – and an article in Cville Weekly the previous week pointed out that some of it ends up in streams and rivers. Ms. Sherman said it seems likely that treating icy roads on the bypass would add to the pollution burden in local waterways. She stated that one of the joys of living in Albemarle County is the quality of life, including relatively clean air, and quiet and dark skies at night, and building the bypass will encourage more commercial truck traffic – which will increase air pollution, ambient light at night, and traffic noise. Ms. Sherman said she hoped the Board would reject the bypass and seek other suggestions to congestion on Route 29 such as the Go 29 plan, while working on forward-thinking, long-term solutions which would address all of their transportation challenges. Mr. Patrick Jordan addressed the Board, stating that he resides at 1915 Lambs Road and is the parent of two school-age children. Mr. Jordan said, in late November, he was notified by the local media that he resided in the direct path of the slightly rerouted bypass that would take even more homes. He stated that he wished he could tell his children someday that the bypass that took their home away was the best thing for the community but, as many have mentioned at this meeting, this bypass is a pure waste of resources and destructive to many things that make Albemarle great – including environmental resources and schools. Mr. Jordan said, prior to November’s news, he had made several trips to the podium to fight this ludicrous scheme, and made those trips as a concerned taxpayer and parent of a student at one of the six affected schools. He stated that he also spoke out as a voter who demanded common sense-based decisions and transparency from elected officials. Mr. Jordan said the bypass project was dusted off and resurrected due to pressure from communities south of Albemarle County, and supported locally by profiteers of more urban sprawl in the County. He stated that the previous governor and his transportation secretary fired the gun to get the bypass back on track, with their own questionable motives. Mr. Jordan said they took out anyone in their way, including removing transportation board member James Rich, who vocally objected to the scam. He stated that, despite overwhelming public February 19, 2014 (Afternoon Adjourned Meeting) (Page 22) opposition at previous hearings and pleas to elected officials to use common sense, they are still talking about a decades-old bypass plan that will not bypass the community. Mr. Jordan said people called the actions of elected officials “inexcusable and ill-informed,” but he calls it “frightening and dangerous.” He stated that the Supervisors are representatives of the community, and asked that they represent the people – not let business interests dictate policies. Mr. Jordan asked that they protect children and the elderly, and not needlessly endanger the environment and natural resources by building the bypass. Mr. Thomas Platts-Mills addressed the Board, stating that he lives at 480 Ivy Farm Drive in the Jack Jouett District. Mr. Platts-Mills said he is with the medical school and has been studying childhood asthma for the last 30 years. He stated that traffic exhaust causes serious damage to the health of children, and the evidence is much better than it was even two years ago, and the work of Rob McConnell in southern California has clearly shown that putting roads close to schools damages the health of children. Mr. Platts-Mills said diesel particulates are major contributors to the damage, and people think that “clean diesel” with smaller particulates reduces that damage – but, in fact, it allows the particles to go further into the lungs. He stated that there have been comments made about the 250 Bypass not having an impact on children, but there has been a ten-fold rise in asthma and ten-fold increase in children being admitted to the University hospital for asthma. Mr. Platts-Mills said, if they build the road, there are two possibilities: that it will fail, or it will succeed. He stated that if it fails and isn’t used, it will be a total waste of money and will have done great damage to the County; if it succeeds, there could be thousands of trucks going from Atlanta to New York through Charlottesville – then the position of the road is completely inappropriate, as it is much too close to the town to be an actual bypass. Either way, he said it’s a disaster. Mr. Leon Gorman addressed the Board, stating that he is a resident at 105 Powhatan Circle in the Rio District and indicated that he has done volunteer work with numerous environmental organizations over the years – but he does believe in the bypass. Mr. Gorman said there has been so much growth on Route 29, including Stonefield, Belvedere, Hollymead Town Center, and hundreds of apartments and condominiums – but no major road to accompany that growth. He stated that the Board is trying to force feed traffic through every nook and cranny in Charlottesville just to avoid a bypass, and are making a lot of people unhappy and are negatively affecting a far greater number of people in the densely populated area near 29 than in the less populated area where the bypass would be. Mr. Gorman said, if they widen Route 29 above Polo Grounds Road, it will be bumper to bumper within weeks of its completion, and overpasses at Rio Road and Hydraulic will make it more of a nightmare with increased congestion. He stated that Route 29 is becoming a major north-south artery, whether they like it or not and, if they don’t build the bypass, they need to stop all growth along the road and stop Places 29 now. Dr. Charles Battig addressed the Board, stating that he is a physician living in the White Hall District of Albemarle County and stating that fact-based science is often a casualty of inflammatory language in the discussion of the proposed Route 29 Bypass. Dr. Battig said the EPA asserts that exposure to ozone and particulate matter increased hospital emergency admissions for asthma and has even been considered an acute cause of death, but asked if causation has been linked to what’s happening or if it’s just an association. He stated that local environmental lobbyists parrot these scary studies, and the litany of health problems claimed even includes obesity and autism and anything else that comes to mind. Dr. Battig asked if they have investigated the scientific validity of these claims, but he thinks they have not. He stated that, in the past ten years, the EPA has paid the American Lung Association more than $20 million, and so it’s no surprise the EPA gets the results it wants from the studies. Dr. Battig said the existing US 29/Route 250 Bypass around Charlottesville passes within a few hundred feet of Martha Jefferson Hospital Rehabilitation Services, Burnley-Moran Elementary School, the McIntire wading pool, the Covenant School, Walker Upper Elementary School, Kluge Children’s Rehabilitation Center, and long stretches of the Rivanna Trail. He asked where the health impacts are of those living there, and said that the studies in northern California where the air is particularly dirty repudiate the EPA studies referred to, adding that unsubstantiated, bogus health claims are not reasons to delay the bypass. Mr. John Pfaltz addressed the Board, stating that he lives in the City at 1503 Rugby Road and is the City representative on the Citizens Transportation Advisory Committee (CTAC). Mr. Pfaltz said, two weeks ago, he met with UVA architecture students on what Route 29 could look like – and the vision was wonderful. He stated that there are marvelous ideas, and they accord with his own vision of a new urbanism with much more pedestrian and bicycle access, and much more transit orientation. Mr. Pfaltz said none of the studies that he saw had trucks and semi-trailers going through them, emphasizing that you can’t do a bicycle or pedestrian plan if you have heavy trucking. He stated that he is frustrated with the lack of better opportunities, and almost all of the efforts in Places 29 are currently in the constrained long-range program. While they will get built, he said they wouldn’t take any semi-trucks off the road, and the County’s vision must figure out how to make main street Albemarle County a wonderful place to live. He added that it was going to take vision, and it was going to be hard. Dr. George Politis, of 533 Rookwood Place addressed the Board, stating that he is a physician living in the Samuel Miller District of the County and is trained in pediatrics, anesthesiology and public health. Dr. Politis said, two years ago, the Board at the time hastily pushed forward the bypass initiative without duly considering the detrimental health impact on the children of the six schools that would be close to the bypass. He stated that a rapidly growing body of literature reports detrimental health impacts of highway pollutants such as ultrafine particulate, black carbon, and nitrogen oxides. Mr. Politis said there was nothing unsubstantiated or bogus about these studies, and the previous speaker sounded more like the tobacco industry did a few years earlier when they said that cigarette smoking didn’t cause lung cancer. He stated that well-conducted studies have found that proximity to busy roads is associated with a higher incidence of childhood asthma and a greater need for hospital therapy when children do have asthma. Dr. Politis said for all children – asthmatic or not – lung development and function appears to be February 19, 2014 (Afternoon Adjourned Meeting) (Page 23) substantially diminished by living within 500 feet of a freeway, and the Centers for Disease Control stated in 2010 that their goal is to have fewer schools located within this proximity to major highways. He said that both the World Health Organization and the American Academy of Pediatrics published statements noting that children living near highly trafficked highways appear to be harmed by pollution from those roadways, and the EPA recommends a thorough environmental review process for all major roads within ½ mile of a proposed school site due to pollution and potential for accidental releases like the recent one in West Virginia. Mr. Politis said building a bypass represents wasteful and irresponsible spending for minimal gain and, with a price tag approaching $1/2 billion, they should see a lot more benefit and a lot less harm. He stated that alternatives that would truly impact the 29 traffic problem must be considered, and it would be unconscionable to ignore the health impacts of the bypass. Ms. Deborah Murray addressed the Board, stating that she is lives on Lexington Avenue and has been living in the City for almost 30 years. Ms. Murray said she cares deeply about the community and is strongly opposed to the bypass and, until June 2011, the Board opposed the bypass with good reason. She stated that it would do very little to alleviate traffic congestion, and the great expense and harm to the community cannot justify moving forward with the ill-conceived and obsolete project. Ms. Murray said Places 29 alternatives should be pursued and would truly alleviate traffic congestion, such as building overpasses and developing parallel roads. She stated that she also disagrees with the need for a longer bypass, as that is not the solution, and the Free Enterprise Forum’s report compares building the bypass with doing nothing – which is not what anyone is advocating. Ms. Murray said the FHWA letter suggests that the bypass does not serve the purpose and need of resolving traffic congestion on Route 29, and asked the Board to reverse the hasty and ill-considered decision of the prior Board and instead pursue alternatives that do make sense. Mr. Timothy Weber addressed the Board, stating that he and his wife live on Arrowhead Court in Earlysville near the de-facto bypass and stating his opposition to the current design of the US Western 29 bypass – not from a “not in my backyard” standpoint or environmental factors, but based on common sense that has been brought forward. Mr. Weber said there were comments earlier about the orchestrated opposition to the bypass and he took great umbrage to those remarks, as there have been people from all backgrounds and walks of life coming to this meeting to oppose the road for various reasons. He emphasized that they absolutely need a traffic solution, but there have been so many studies showing that this is not the right road for Charlottesville, asking the Board to put a stop to this design. Mr. Weber said the Lynchburg bypass starts in Amherst and, if they are truly going to build a bypass around Charlottesville, it needs to start in Ruckersville and go all the way around. Ms. Deborah Luzynski-Weber addressed the Board, stating that she lives on Arrowhead Court off of Earlysville Road and was excited with the last election to get rid of the last Rio Supervisor and have new representation that allowed the public the opportunity to speak. Ms. Weber said Secretary of State John Kerry recently likened those who denied clim ate change to those who believed the world was flat, and she likens those who support the current obsolete bypass proposal to those who used believe the world was flat. She stated that Route 29 is not going away, therefore, the Board needs to put their resources into making it something beautiful and functional for commuters, bicyclists, and pedestrians. Ms. Weber said they’ve been presented with a number of forward-thinking alternatives to this obsolete proposal, and if these are not enough to move them forward then they should think about all the beautiful things they will lose if they push this plan forward – such as the natural beauty and wildlife. Ms. Virginia Rovnyak addressed the Board, stating that she lives in the Samuel Miller District and has lived in the County for 44 years and, in looking at Mapquest today, there are 80 miles of Route 29 between the current 250 Bypass and I-66 to Washington. She said they all know the future of those 80 miles – more development, more local traffic, and many more traffic lights and, while she understands that Lynchburg and Danville want a good, fast route from D.C. to their communities, when you look at what’s been happening along Route 29 between Charlottesville and Washington, it is obvious that Route 29 will not serve that function. Ms. Rovnyak said it’s a preposterous waste of $300-$400 million of taxpayer money toward something that is bound to fail, and Route 29 is absolutely bound to fail to provide a good fast route from Washington to Lynchburg and Danville. She stated that the Federal Highway Administration may be having the same idea, and she suggested that the Board support projects that will actually benefit Albemarle County. Mr. Frank Calhoun of 95 Burch’s Creek Road in Crozet, VA addressed the Board, welcoming the new members and stating that he had experienced two bad midnights in the room. Mr. Calhoun said that he was the assistant chief counsel for over 30 years with the FHWA, and was brought from the U.S. Congress as a young attorney to help draft the legislation setting up the U.S. Department of Transportation. He stated that he has some pride of authorship in some of the federal codes, and encouraged the Board to read Section 128, Title 23 of the U.S. Code. Mr. Calhoun said he has great concern with the bypass but is not anti-development, and said that he looked forward to hearing the Board’s decision. Mr. Lee Schultz addressed the Board, stating that he lives on Thurman’s Tract located off of Route 20 North and Stony Point Road in the County and is a voting taxpayer. Mr. Schultz said he is in favor of some kind of bypass for the US Rt. 29 and, some years ago, it was put on paper that it would be further west but, over time, the Board has changed and the bypass kept coming closer and closer to the City. He stated that they are now against the wall with this bypass proposal, with lots of money spent on planning and research. He asked the Board to find some kind of bypass. Ms. Lyn Stirewalt addressed the Board, stating that she lives in Staunton, VA and stating that Charlottesville is an important destination for people in the Shenandoah Valley for work, shopping, recreation, etc. She said she has gotten lost numerous times between 29 from south of I-64 and north to February 19, 2014 (Afternoon Adjourned Meeting) (Page 24) the 250 Bypass, and she still thinks it’s a mess. Ms. Stirewalt said this bypass project does not fix that, it just adds to it, hooking another element of entanglement to the same leg of the 250 Bypass that goes north-south. She stated that, at the environmental impact statement meeting held at the middle school, she focused on the fine print of the travel time study element, which showed a net loss of time, not gain, although the executive summary claimed the opposite. Ms. Stirewalt said she and others pointed the discrepancy out to VDOT, and they have now generated a replacement time-travel study. She stated that any environmental impact study revisions must be resubmitted to the public with a new comment period, and Board and City Council members should make themselves familiar with both versions of the travel time element and other details, as this is the core and only indispensable reason for the project. Mr. Fred Williamson addressed the Board, stating that he lives at 5623 Sugar Ridge Road in the Whitehall District and thanked the Board for the public meeting. Mr. Williamson said he is not psychologically opposed in general to bypasses, and the 250 Bypass makes a huge difference to City and County traffic, with the McIntire extension also being a great help. He stated that these serve the local community with lots of access ramps and exits, unlike the Lynchburg and Danville bypasses that have no local exits. He said the 29 Bypass is designed for that second purpose, with no local exits and, as proposed, it is not a true bypass. Mr. Williamson stated that when the shorter bypass is finished, they would immediately need a bypass for that bypass, and it would not be a long-term solution for through traffic nor will it help the 90% of 29 North that is local traffic. By carrying out improvements to existing 29, he said it would help local traffic and speed up through traffic, and he asked the Board to cancel the bypass. He also said that Route 29 is not and should not be seen as an expressway artery from D.C. to Atlanta, as that is a bigger interstate kind of project, and he sees 29 as a road that goes through some communities and around others. Mr. John Erdwurm addressed the Board, stating that he is a resident of Carrsbrook in the Rio District and is reluctantly in favor of the bypass. He said what is overlooked consistently is that the Board doesn’t control most of the roads in the County – as that is a function of VDOT. He said, if this particular project is dissuaded from going forward by the members of this Board, VDOT will be considerably unhappy, and they will not entertain many of the projects in the original letter authorizing the bypass – so there would not be a widening of 29, the Hillsdale Drive extension, or the Belmont Bridge that needs to be rebuilt. Mr. Erdwurm said this is the deal that is on the table, and the Board can’t walk away from it and say they want something different. He stated VDOT is not going to allocate the money for whatever projects other people decide. Mr. James Donahue addressed the Board, stating that he is a resident of Albemarle County and a licensed, professional civil engineer. He stated that he has three reasons to oppose the bypass, the first of which is cost. Mr. Donahue said the bypass construction is grossly under-budgeted, and that the cost overruns could reasonably be in the range of 50-100%. He asked who would pay for the added costs, and believes Albemarle citizens would have to assume some of this cost. Mr. Donahue said his other reasons include lack of adequate geotechnical information and the consequences of dynamite and rock removal, which he has discussed with a geotechnical engineering firm representative – who said that very few soil borings have been done along the proposed bypass rock. He stated that there is a lot of rock to be removed in the hills along the project route, and excavation can run three to four times the cost of earth excavation; rock demolition can also be very disruptive to local residents and schools, and can cause vibrations that could structurally affect buildings in the adjacent areas. Mr. Donahue said this plan has been fought for almost 30 years by differing political views and is being pushed by citizens from Danville and Lynchburg. He stated that it isn’t justified, and wondered what ever happened to the three-party agreement from the fall of 1990 – which explicitly recommended that, in lieu of a bypass, Route 29 would be widened from Hydraulic Road to the Rivanna River, the construction of Meadowcreek Parkway, the construction of three grade-separated interchanges at the intersections of 29 and Rio Road, Greenbrier Road, and Hydraulic Road. Mr. Jeff Werner addressed the Board on behalf of the Piedmont Environmental Council. Mr. Werner said, since the 1990s when the bypass was first leap-frogged for better solutions for Route 29, the PEC is before the Board again to ask it to shelve the bypass project and return to the plan that has real solutions. He said, between 4:00 and 8:00 p.m. at the meeting, over 400 people signed a petition opposing the bypass. Mr. Werner said a bypass proponent accused him of being a puppet-master manipulating people with misinformation, but the people are here as they have been for years – because they oppose this road, and he isn’t aware of any misinformation he’s been sharing. He stated that the Board may not have full decision-making power over roads, but they do have decisions over land use and, if the bypass gets forced on this community, he suggested that during the Comp Plan review they should then halt all future growth north of the northern terminus of the bypass. Mr. Werner said it would be senseless to spend $1/4 billion to bypass four and one-half miles of congested Route 29 just to replicate the congestion on the four and one-half miles north of it. He stated that it would redefine absurdity to spend that much money and not take steps to protect the investment. Mr. Werner said he is so proud of the community, because they come out, they speak, they’re passionate and informed and articulate, and it has nothing to do with his “puppetry.” Mr. Tonu Nauage, a resident of 1702 Vermira Place in the County, addressed the Board, thanking them for the opportunity to speak and adding his voice to the opposition to the bypass. Mr. Nauage said he attended Greer, Jack Jouett and Albemarle High School and was shocked to see this plan and the way it was forced upon the community. He stated that he moved back to the community from Northern Virginia to get away from the sprawl there, and said that people spoke clearly in the November election. Mr. Nauage said he wants the community to retain its natural beauty and character, and said there are a lot of other creative solutions to alleviate traffic problems. February 19, 2014 (Afternoon Adjourned Meeting) (Page 25) Mr. Paul Wright addressed the Board on behalf of Bypass 29 Now and thanking them for holding the hearing. Mr. Wright said, 30 days ago, a new group started with a simple message, but it wasn’t treated as good news by environmental groups. He said air quality has gotten 30% better in the last 10 years, and it’s because of the EPA and the DEQ. More importantly than that, he said, is that if they build the bypass – according to the air quality technical report from VDOT dated August 2012, the air quality will be better at places like St. Anne’s Bellfield because trucks go faster and don’t make as much pollution. Mr. Wright said air pollution does cause disease, but pollution is not a problem locally, and as an asthmatic, it’s not something he treats lightly. He stated that the air quality monitor at Albemarle High School shows that there are only “good days” when it comes to air quality, and the statement in the resolution before the Board against the bypass that says “air pollution for students and teachers in close proximity to the proposed route will have severe impacts” is simply not true. There being no further public comment, the Chair closed the public hearing and thanked the speakers who came out to make their voices and opinions heard. (Note: The Board recessed the meeting at 9:29 p.m. They reconvened their meeting at 9:43 p.m.) Ms. Dittmar said, during the break period, constituents asked her what “Places 29” was. She read information that she had taken from the preamble of the Places 29 plan and the County’s website: “Places 29 is a far-reaching plan based on existing development and expected growth; it coordinates land use and transportation so that homes and businesses are well served by roads, transit and community facilities. It also establishes priorities for the location of public investments to guide land use decision making; it has comprehensive recommendations for a regional, multi-modal transportation network that includes improvements on US 29, improvements to the intersections at Rio and Hydraulic Roads, and a system of roads that are parallel and perpendicular to US 29.” Ms. Dittmar opened up the discussion to fellow Board members. Ms. Mallek said she wanted to clarify the perception and the statements made regarding all of the other projects being in jeopardy if there were a change in the County’s position on the bypass. Both representatives from VDOT and members of the CTB have told her in writing and in person that Hillsdale and the Best Buy ramp and other initiatives are separate, numbered projects for VDOT that have their own funding. She stated that all of the projects on the Places 29 list are already in the County’s constrained, long-range plan – which means that they are in the budget going forward. Ms. Mallek said the other thing mentioned in public comments was that it was sad the Board had taken away the wide open routes that were considered in the early 1980s and, in 1984, there was a proposed western route that went from Spring Hill north of Earlysville all the way down to North Garden. She stated that, at that time, the way they determined the need for a road was to have people standing at the intersections with clipboards all day long for days and days, and they asked people individually where they were going. Ms. Mallek said they determined, at the time, that there would be so few people using the route for their daily use that it was not economically feasible to build it, and VDOT decision-makers made the decision to abandon that route and bring the bypass in closer. She stated that a few other items that are important to her are health issues, and her own pediatrician spoke at the Board’s 2011 hearing about the fact that a lot of new information has been learned by the medical community over the past 20 years. Ms. Mallek said they made mistakes 20 years ago by not understanding those impacts, but they do know those things now and should pay attention to that information rather than pretending they don’t know it. She stated that the other item that has stuck with her throughout the years is the statistical probability of an accident carrying chemicals along that stretch of road, every 50 years. Ms. Mallek said their one recommendation from the body that studied it was to be sure that the intake from the South Fork Reservoir could be turned off, but that would have had a huge impact during the severe drought of recent years. Ms. Palmer said she had spent a lot of hours in the audience, and this is her first time on the other side of the room. She stated that she’s been incredibly impressed by how articulate and knowledgeable everyone is, and really appreciates everyone who came out. Ms. Palmer stated that she’s hoping they can move forward tonight and send an unambiguous message to the Governor, and said she is looking forward to reviewing the resolution that has been put forward. Mr. Sheffield stated that, when he first started his campaign and started running for office, one of the parts of his platform was to look beyond the bypass – because, at some point, this will be a stopped or progressed project and they are at that point now. He said he has sat through two public hearings on this now – one to put the bypass in, and one to take it out. Mr. Sheffield stated that there is still much uncertainty about this alignment and the impacts on neighborhoods, and he wanted to bring to the Board some suggestions on how to deal with the issues in Squirrel Ridge and other neighborhoods – as those issues would exist regardless of what’s happening with this bypass. He said, in addition to what’s been said at this meeting, the Board has received hundreds of emails and he tries to respond to all of them. Mr. Boyd stated that the letter from the Federal Highway Administration has thrown a monkey wrench into his thought process on the bypass, and he didn’t know what it meant or how to interpret it. He said they need to ask VDOT or legal staff to provide an opinion on what it means, and he has been concerned all along that the Board doesn’t have the authority to either stop or start the bypass. Mr. Boyd said, even with a resolution that states they would not do anything with the MPO decision, they don’t have anything to do with stopping the bypass and he wouldn’t want to give the false impression that VDOT or the Governor would stop the bypass. He stated that, if the Board is going to move forward with the resolution, he has a lot of issues with it that he’d like to discuss, but the first step is to get input from Mr. Kilpatrick and legal staff as to what authority they actually have in this situation. Mr. Boyd said he is sympathetic to Mr. Sheffield’s point about property owners who are in limbo. February 19, 2014 (Afternoon Adjourned Meeting) (Page 26) Ms. Dittmar said that speaking as Supervisor for the Scottsville District, she received volumes of calls and emails from constituents in her district and elsewhere. She stated that consistently, the theme was that people want to get this done, and want the Board to finish this so the community can move on. Ms. Dittmar said, in a recent meeting with a citizen’s advisory committee from the northern part of her district, they have issues with another primary road – Route 250 – and would like to move forward in looking at that corridor. She stated that Scottsville Town Council has also voiced through her that they want the Board to get on with this, so that safety issues on Route 20 in their area can be addressed. She stated that she represents everyone in the County tonight, and looks forward to having the discussion after hearing from all Supervisors. Ms. Mallek asked her to clarify what they mean by “get on with this.” Ms. Dittmar said people are tired of the discussion surrounding this project, and want the County to move on from being stuck in this contentious debate so that other projects can be considered. Ms. McKeel thanked audience members for coming to the meeting and podcast listeners for tuning in, and for being respectful to one another. Ms. McKeel said, as a widow of a 42-year VDOT engineer, she almost always supports improvement to the transportation network both locally and throughout the state – which can mean new roads, bridges, bicycle and walking paths, and mass transit. She said she also has an appreciation for VDOT and their mission, their great employees, their lack of funding, their workloads, and how politics – including demands from the Governor’s office and the General Assembly – play out within the department. Ms. McKeel stated that on Monday, in preparation for this public hearing, she released a resolution – as is often this Board’s customary practice if they anticipate possible action after a public hearing. She said, in order to eliminate any element of surprise, she circulated the resolution to the Board and the community so that everyone would have the time to review it, and Board members could prepare any questions they might have. Ms. McKeel said releasing the resolution also focused attention on the decision that this Board and the local community needed to determine: how to most effectively and quickly improve traffic snarls within the 29 corridor. She stated that she believes now is the time to move forward with some solutions together and, to that end, she proposes that they pass the resolution as presented – which re-endorses prior planning strategies to readopt the Board’s opposition to the proposed western bypass, to ask Governor McAuliffe and Transportation Secretary Aubrey Layne to re-prioritize funding to other specific projects. She then so moved. Ms. Palmer seconded the motion. Mr. Boyd said, if the Board is going to vote on this, he has all sorts of problems with the resolution that he’d like to go through, and it’s going to take some time. He stated that, in going through it, he has comments with every single “whereas” other than the first one – which clarifies that 29 is a U.S. Highway, not just a Charlottesville road. Mr. Boyd said the second “whereas” includes information that the bypass would only be 10% of daily trips, and he would like to know the source and the date of that particular data. Ms. McKeel said she didn’t have the studies with her, but said the information was from the Places 29 Plan information. Ms. Palmer confirmed that the information came from the Places 29 Plan and, in one place, it says 10% and in another it says 10-12%, and she suggested changing it to the higher range. Mr. Boyd said the reason he is asking is because part of the opposition to the bypass is the growth that’s taken place north of the northern terminus and that would increase the use of local traffic – as people who live north of the bypass will take it to get to the University, the hospital and other places. Ms. Palmer said she wouldn’t need that information to vote on this, as she is OK with the Places 29 information which says 10-12%. Ms. McKeel said that the Places 29 Plan was adopted on February 2, 2011. Mr. Boyd stated that he meant the survey source itself, not when the Places 29 Plan was adopted. Mr. Boyd asked who authored the resolution. Ms. McKeel said she wrote the resolution in consultation with residents of Albemarle County and some of her constituents who are familiar with the bypass and its history. She asked if it might be better to read it as they go through. Ms. Dittmar asked to see a show of hands of people in the audience who could not read the screen. Ms. McKeel read the proposed resolution: “WHEREAS, Albem arle County recognizes the m ultiple purposes that US Route 29 serves as it traverses the Charlottesville/Albem arle area, functioning as an im portant corridor for regional as well as local traffic; and WHEREAS, the regional im portance of US Route 29 is dem onstrated by its designation as a Corridor of Statewide Significance and as a Highway of National Significance, and regional travelers using US 29 to pass through the City of Charlottesville and northern Albem arle County to reach destinations outside the Charlottesville Metro Area represent approxim ately 10 percent of the daily trips on this portion of the highway.” February 19, 2014 (Afternoon Adjourned Meeting) (Page 27) Mr. Boyd said he would like to include that it’s based on a survey done, and what year, because he would like to know how current that information is. He stated that this was never vetted, reviewed or commented on by staff, and he questions the validity of some of the information in the resolution. Mr. Boyd said it’s not normal that they would have a resolution proposed two days before they go into a meeting that hasn’t at least been reviewed by staff. Ms. McKeel continued to read the resolution: “WHEREAS, the local im portance of US Route 29 is dem onstrated by the fac t that the vast m ajority of trips on US 29 in Charlottesville and northern Albem arle County are local trips traveling to or from the em ploym ent, retail, and residential areas located along the corridor” Mr. Boyd asked if it was intended to mean that people would not use the bypass to go to and from employment. Ms. Palmer said it’s intended to mean exactly what it says, the majority of them. Ms. Mallek said they’re the ones that need to be there, and that’s why the traffic is there. Mr. Boyd said, when he was campaigning – which was the year the bypass was being discussed and the year of the election – he walked the neighborhoods and people told him that they would use the bypass to get to and from work at places like the University and PVCC. He stated that he is talking about anecdotal data which isn’t reflected in this clause of the resolution. Ms. Mallek said, for comparison purposes, for the long-range plan that was adopted in 2005, and all of the real origin destination studies done in the previous decade before that, the number was 5%. She stated that was compiled through the interviews and license plate data gathered, and it has doubled since that time. Ms. Mallek said the only way to get it higher is to segment the corridor and delineate through traffic in a different way. Mr. Boyd stated that the origin destination study was done in 1995, so it’s a 20-year-old study – yet people voiced concerns about using other old data and the map. Ms. McKeel continued to read from the resolution: “WHEREAS, the m ultiple purposes that the US 29 North Corridor serves in the Charlottesville/Albem arle area have led Albem arle County, working with the City of Charlottesville and the Virginia Departm ent of Transportation (“VDOT”), the Charlottesville- Albem arle Metropolitan Planning Organization (“MPO”), and the Thom as Jefferson Planning District Com m ission (“TJPDC”), to develop a cost-effective transportation strategy for addressing local and regional traffic on US 29 by com bining selected im provem ents to US 29 with im provem ents to a network of parallel and local streets” Mr. Boyd said his question had to do with the cost-effective statement, and asked if those issues had been completely costed out by someone. Ms. Mallek said one of the members of the Technical Planning Committee for the current MPO said all of the high priority items were already in the constrained plan so, to that extent, they have been costed out in the plan being worked on right now. Mr. Boyd stated that he was getting a different indication from VDOT with regard to building an interchange, and they have seen other studies which refute that the interchanges are inexpensive things to build. He said the analysis done for the MPO indicated that they didn’t include acquisition costs and utility relocation costs – just the cost to build it. He stated that he doesn’t see how they can put a positive statement that it’s a “cost-effective transportation strategy” because they don’t even know what the total cost would be. Ms. McKeel said much of this came from the 29 Master Plan that was approved, voted on and supported by the Board. She continued to read from the resolution: “WHEREAS, a crucial step in the developm ent of this transportation strategy was initiated with the 29/H250 Intersections Studies com pleted by the TJPDC, the MPO, the City of Charlottesville, Albem arle County, and VDOT in 2003 and 2004” Mr. Boyd said excluded from that was any information about the by pass, as it was prohibited from being studied. Ms. Mallek said that was the next one, and it was a state decision. Ms. McKeel continued to read from the resolution: “WHEREAS, the transportation strategy from the 29/H250 Intersections Studies was then extended to the entire 10.75-m ile long portion of the US 29 Corridor from the Route 250 Bypass to the Greene County boundary with the developm ent of: (1) the US 29 North Corridor Transportation Study Final Report that was developed by the TJPDC, the MPO, VDOT, and Albem arle County and that was unanim ously approved by the MPO Policy Board in 2008, February 19, 2014 (Afternoon Adjourned Meeting) (Page 28) and (2) the Places29 Master Plan that was a joint project of Albem arle County, VDOT, and the TJPDC, in cooperation with the City of Charlottesville and the University of Virginia, which the Albem arle Board of Supervisors unanim ously approved in February 2011” Mr. Boyd said it was approved then, and he attended that meeting. He stated that the Board clearly removed the emphasis on interchanges in that document. Mr. Boyd said they had spent six years and millions of dollars on Places 29 at that point, and there were four members of the Board who agreed to “do the doable,” and they took out the interchanges because they were not considered cost-effective measures. Ms. Mallek said those were ones that could not get support, and it was more than the cost issue. Mr. Boyd said it was softened, and what they did is remove that it was an “ultimate” cost incentive and said that it “may be” something that’s added to it. He said they couldn’t have gotten four votes at the time if they had left in strict language about building interchanges, and what they had said was they would take them out of the first five-year plan and add them to the review process later on. Ms. Mallek stated that the clause in the resolution doesn’t say anything about mandatorily building them, it just says there were strategies and studies done, and the plan was adopted unanimously after it was all worked on. Mr. Boyd said it’s implying that the interchanges were approved, and they weren’t. Mr. Sheffield said the resolution states that “the Places 29 Master Plan was adopted unanimously in February 2011,” and asked if that statement was false. He stated that he isn’t interpreting any more than the text that is present in the resolution. Ms. McKeel continued to read from the resolution: “WHEREAS, the transportation strategy that was developed for the US 29 North Corridor offers m ultiple transportation, land use, and econom ic benefits by providing additional capacity on Route 29 and by providing alternative routes for shorter distance trips in the corridor via an augm ented network of parallel and local connecting streets” Mr. Boyd said he had no issue with that clause. Ms. McKeel continued to read from the resolution: “WHEREAS, the benefits of the transportation strategy include preserving and increasing capacity on US 29 for longer distance trips, enabling the state and Albem arle County to m axim ize the efficiency of the transportation infrastructure that is already in place, and fostering transportation and land use patterns that encourage m ore trips to be m ade by transit, walking, and biking” Mr. Boyd said the bypass would also accomplish this because the intent of the bypass proponents is to make 29 into a boulevard that will be much more accessible for pedestrian crossings and other amenities, so this isn’t something that’s excluded by building the bypass. Ms. McKeel continued to read from the resolution: “WHEREAS, the transportation strategy recognizes that the large m ovem ents of turning and crossing traffic at the intersections of Rio Road/US 29 and Hydraulic Road/US 29 can cause substantial peak period queues to develop at these locations, and num erous transportation studies conducted over the past decades, including traffic studies conducted as part of the National Environm ental Policy Act analysis of the proposed Route 29 western bypass of Charlottesville, have indicated that significant im provem ents to these intersections will be necessary for traffic to function at a desirable level of service on US 29 regardless of whether the proposed western bypass is constructed” Mr. Boyd said that he would prefer to have source information about things like the National Environmental Policy Act. Ms. McKeel continued to read from the resolution: “WHEREAS, in recognition of the challenges presented by the lim ited availability of resources to undertake transportation im provem ents, the Places 29 Master Plan articulated a set of ‘essential transportation projects’ as the highest priorities, each of which help to advance the transportation strategy espoused by Albem arle County and its partners in the studies and plans referenced above:  Expanding the southbound-to-westbound ram p at the US 29/250 Bypass with an auxiliary lane to the Barracks Road off-ram p Mr. Boyd commented that that’s in the long-range plan including the bypass, and the revenue for the project was received because they agreed to do the bypass. February 19, 2014 (Afternoon Adjourned Meeting) (Page 29) Ms. Mallek emphasized that it was a separate project altogether. Mr. Boyd said that it is, but that particular project never would have had any money. He stated that, if they went back to where they were before the Board approved the bypass, there was no funding for that, no funding to complete the Best Buy ramp, no Berkmar Drive Extended money, no Hillsdale Drive Extended money, no money for expanding 29. He added that those were separate projects. Ms. Palmer stated that there was no money for anything for quite a while, and it didn’t have anything to do with the bypass – they got more money when the Governor did the transportation plan and floated the extra bonds. She emphasized that it was never tied to it, but they don’t need to argue about those kinds of questions, and these things can make a big difference in the road. Ms. Palmer said that whether it was funded and when it was funded is not really important to this resolution. Mr. Boyd said he was part of the conversation with the Secretary of Transportation at the time, and there is a letter which verifies that the state approved this money based on the fact that the County was going to do the bypass. Ms. Mallek stated that the letter was written to lay the trap that they fell right into, because all of those projects were on the list and had some segment of money in them long before this happened. She said the Board did not hang onto that knowledge long enough to see it through. Mr. Boyd said there was only preliminary engineering money, no money to actually build those projects. Ms. McKeel continued to read from the resolution:  constructing a fourth southbound lane on US 29 between Hydraulic Road and the US 250 interchange; and constructing a westbound m erge lane on the 250 Bypass at the Barrack s Road interchange (collectively known as the “Best Buy ram p project”);  W idening US 29 to six lanes from Polo Grounds Road north to Town Center Drive;  Construction of Berkm ar Drive Extended (including a bridge across the Rivanna River);  Construction of the Hillsdale Drive Extension; and  Enhanced transit service Mr. Boyd said all of those things are still in the plan along with the bypass. Ms. Mallek emphasized that they are in the plan – period – on their own, and they’ve been in the plan for 10 years. Ms. Dittmar stated that it seems the resolution is just listing all of the things that are in the Places 29 Plan, because it’s referenced later. Mr. Boyd said it starts out by saying “In reference to the challenges presented with limited availability of resources to undertake transportation improvements,” yet it’s already funded – and he asked what the first sentence is about. Ms. Mallek stated that the County can’t build everything on the list and they had to pick six to get into the constrained plan, and those projects were items that had been working their way to the top for many years. Ms. Dittmar said she looked at the six-year plan during the campaign, and all of this wasn’t funded – she only found the widening to be in the six-year plan. She stated that this is just clarifying the aspects of the Places 29 Plan, it’s really not a position yet. Mr. Boyd stated that it was funded in VDOT’s six-year plan but wouldn’t appear in the County’s because these are VDOT allocations, and it was approved by the CTB. Ms. Dittmar said that these are key elements in Places 29 that make the plan something to talk about in this resolution. Mr. Boyd said he didn’t have a problem with that other than the implication that they need the money that would go toward the bypass in order to get these other projects done, and that’s not true. He stated that the only thing they’re not going to get done is Berkmar Drive Extended because the only thing negotiated was to accommodate the bridge. Ms. Mallek said there may be some project shortfalls that need filling in to get them finished, such as the right of way for Hillsdale. Ms. McKeel continued to read from the resolution: “WHEREAS, Albem arle County, the City of Charlottesville, and VDOT recently comm itted to installing adaptive control technology at traffic signals along Albem arle County and Charlottesville’s portion of the US Route 29 North Corridor extending north to Airport Road, a system that should significantly reduce travel tim e in the corridor and should be in place later in 2014” February 19, 2014 (Afternoon Adjourned Meeting) (Page 30) Mr. Boyd said he disagreed with that statement and said that it’s an entirely different situation, and he’s not sure he can support the adaptive light appropriation of local dollars as it has now climbed to over $1 million and still climbing. He stated that he has information from some traffic engineers who say that it’s not going to do what the company said it would, and the only significant input that has been received has come from the company selling the system. Mr. Boyd said it’s a different situation at Pantops, and VDOT engineers would explain that the cross traffic is much different there. Mr. Sheffield asked if he could share that information. Mr. Boyd said he didn’t have anything in writing, as it just came from conversations. Mr. Sheffield said the phrase in the resolution is just fine, and he would like to explore that project further as it comes up for funding. Mr. Boyd stated that all of the clauses in this resolution are leading up to the fact that they don’t need the western bypass, and he isn’t agreeing with the criteria that says this. Ms. McKeel continued to read from the resolution: “WHEREAS, opposition to the proposed western bypass has long been intense in t he Charlottesville/Albem arle area due to its excessive financial cost (currently estim ated at $244.5 m illion) and the significant harm it would have on the comm unity if constructed, including the im pacts of noise and air pollution on students and teachers at six schools located in close proxim ity to the proposed route, severe im pacts to ten established neighborhoods, impacts to five watersheds through which it would be built (Moore’s Creek, Meadow Creek, Ivy Creek, the South Fork Rivanna River, and the Rivan na River), im pacts to the South Fork Rivanna Reservoir that is a prim ary source of drink ing water for County and City residents, and the harm to an area of historic African-Am erican communities around Ivy Creek” Mr. Boyd said that every single one of those issues has been dealt with in the environmental impact statement (EIS). Ms. Mallek stated that the EIS was deemed to be deficient. Mr. Boyd said it was the public’s opinion that it was deficient. Ms. Mallek said she was referencing the FHWA letter. Mr. Boyd said it’s a separate environmental process that one goes through. Ms. McKeel continued to read from the resolution: “WHEREAS, as part of a m ulti-year, $1.5 m illion study com pleted in 2011 that VDOT conducted of the entire Route 29 Corridor in Virginia, from the North Carolina state line to Interstate 66 in Prince W illiam County, VDOT determ ined that the proposed western bypass is not an effective option to se rve corridor-wide trips, and the Places29 Master Plan recognized that the western bypass is not a substitute for im provem ents within the corridor” Mr. Boyd said the last sentence about the Places 29 Master Plan recognizes that the western bypass is not a substitute for improvements in the corridor, and they just talked about the fact that those improvements would get done – whether they’re part of Places 29 or not. He said Hillsdale and Route 29 widening are in the budget, and the western bypass was specifically excluded by the Board from the study. Ms. Mallek said it was VDOT that excluded it because every study showed it was not going to be functional for the region, and what she is reading in the clause is another way of saying that Rt. 29 would still be a level of “F” service unless they do the corridor projects. Ms. McKeel continued to read from the resolution: “WHEREAS, from 1983 until June 8, 2011, the Albem arle County Board of Supervisors consistently opposed construction of the western bypass or m ade clear that the bypass was a m uch lower priority than direct im provem ents to Route 29, and the MPO consistently voted from 1996 until 2011 not to allow federal construction funds to be used for the project” Mr. Boyd asked how they got $40 million spent in the early 2000s. Ms. Mallek said those funds were for planning and engineering, and no funds were allocated for construction until 2011. She stated that right of way and engineering were done without the Board’s support because VDOT could do that without asking, and construction needed local compliance. Ms. McKeel continued to read from the resolution: “WHEREAS, following an unannounced discussion of the proposed western bypass and a suspension of the Board’s Rules of Procedure to allow a vote on an item that had not been included on the agenda, the Board of Supervisors, without a public hearing, voted 4-2 to change Albem arle County’s longstanding position of being in opposition to the construction of the western bypass on June 8, 2011” February 19, 2014 (Afternoon Adjourned Meeting) (Page 31) Mr. Boyd said this Board had just suspended its rules because of the need to get something to the General Assembly, and there wasn’t time to get it on an agenda. He explained what happened with the June 2011 vote is that there were all these projects to be funded, and it was supposed to happen at a meeting in the middle of the day. Mr. Boyd said they thought they had the votes for it, but Mr. Dorrier voted against it and it was a three-way tie. He stated that, in the interim, Mr. Dorrier talked to the Secretary of Transportation – who told him all the things he was going to provide for the County if they agreed to do the bypass, which is a high-priority project for the state. Mr. Boyd said the rules of procedure had been implemented the week before and, prior to that, the Board had the ability to bring things up at the meeting without putting them on the agenda. He stated that the reason it had to be done that night was not the intent to deceive the public, and said that there had been 21 different public hearings on this item – including those held by the Board, VDOT and the MPO. Mr. Boyd said the reason the item had to come up that night was because the MPO was going to meet the following week and they had to take it out of their TIP fund, then it would go to the CTB for funding. He stated that there was never any intent to deceive, it was simply a matter of timing – and that’s what this Board did two weeks ago when there was something they needed to get to the General Assembly. Ms. Mallek said that the recent vote was unanimous. Mr. Boyd said that it shouldn’t be any different just because it was unanimous. Ms. Dittmar stated that, as a citizen, she was not sure what was in the hearts and minds of the people who acted that night, so she wasn’t going to say there was malevolence – but there were rules in place, and those are there for the public. She said that, at the beginning of this year, the Board set up a new procedure which requires a super-majority to suspend rules, and the reason for the suspension this year was because of the timing of the General Assembly meetings and the need for the County to act quickly on something that was contrary to the Boards’ interests. Ms. Dittmar said, in general, it is something they should not do. Mr. Boyd said this was a brand new rule, and never have they had a rule in which a standing Supervisor couldn’t bring up an item. He stated that there was nothing devious in their actions, and the state had laid $250 million on the table – so the MPO representatives from the County said they wanted all the projects done, not just the bypass. Ms. Mallek said, in that case, it would have been nice for all the Supervisors to know about it. Ms. McKeel continued to read from the resolution: “WHEREAS, the MPO am ended its Transportation Im provem ent Program and its Long Range Transportation Plan, both in divided votes, in July 2011 to rem ove the prohibition on federal construction funds being allocated to the western bypass WHEREAS, the Albem arle County Board of Supervisors held a public hearing on February 19, 2014 for the purpose of tak ing public comm ent on the proposed western bypass and priorities for the Route 29 corridor and reconsidering its policy on those item s” Mr. Boyd stated that this is sour grapes because the vote was lost 4-2, just as it was a 3-2 vote on the MPO both being legitimate votes. Ms. Mallek said this is just a statement of history, not a pejorative statement. Ms. McKeel continued to read from the resolution: “NOW, THEREFORE, BE IT RESOLVED, that Albem arle County hereby re-endorses and again prioritizes the strategy set forth in the US 29 North Corridor Transportation Study Final Report and the transportation im provem ents set forth in the Places29 Master Plan, including the set of priority projects discussed herein; and FURTHER RESOVED, that, for the above reasons, Albem arle County readopts and reestablishes its longstanding opposition to the proposed western bypass; and FURTHER RESOLVED, that Albem arle County requests Governor McAuliffe, Secretary of T ransportation Layne, and the Comm onwealth Transportation Board to redistribute funding curren tly allocated to the proposed western bypass to the following projects, and to advance their com pletion as expeditiously as possible:  Berkm ar Drive Extended (including a bridge across the Rivanna River);  Any additional expenses for widening US 29 to six lanes from Polo Grounds Road north to Town Center Drive to cover the portion between Polo Grounds Road and Ashwood Boulevard;  The Hillsdale Drive Extension and the Best Buy ram p project, if additional funds are needed for their com pletion; and  A study of various options for im proving the Rio Road/US 29 and Hydraulic Road/US 29 intersections Ms. Dittmar said that “enhanced transit service” as it appears in Places 29 had been left off, and asked if it would be alright to add it. She also stated that concerns from bypass proponents about the February 19, 2014 (Afternoon Adjourned Meeting) (Page 32) Places 29 improvements fall within a few particular categories: solutions to improve the intersections of Rio and Hydraulic causing frustration during the construction period; the interchange proposed having a significant impact on tax revenue for the City, which prompted the City to come to the Chamber of Commerce asking for support in opposition to it; and concerns over employment along Route 29 and the potential impact on that corridor. Ms. Dittmar emphasized that a lot of opposition to the bypass is fear over those three things, so the Board needs to be really sensitive to that and she would work hard at the state level also to do so. Ms. Palmer commented that she would not want to add “enhanced transit” unless they can be very specific about that. Mr. Sheffield said Places 29 does speak to enhanced transit but, in this resolution, he is comfortable not including it. Ms. Dittmar stated that the Places 29 vote in February 2011 was unanimous, and asked if the enhanced transit service was an appealing factor of that vote. Mr. Sheffield said he believed it was, but there wasn’t too much articulated at that point about what that would be – and the long-range transportation plan now is trying to do that, such as bus rapid transit. Mr. Boyd asked if that wouldn’t be challenging to do without taking some of the businesses along the corridor. Mr. Sheffield said he has seen it work in many places, but he wouldn’t get into that level of detail at this meeting, and their intention should be to have those discussions with the business community about the intersections. Ms. McKeel continued to read from the resolution: “FURTHER RESOLVED, that this resolution is not a request by Albem arle County or the Charlottesville Albem arle Metropolitan Planning Organization for termination of t he proposed western bypass within the purview of Va. Code § 33.1-12 or Va. Code § 33.1-223.2:13.” Mr. Boyd asked her to explain to the public why that particular clause was included. Mr. Sheffield suggested that Mr. Davis explain it. Mr. Davis said Section 33.1-12 provides possible action by VDOT requiring reimbursement of funds that have been expended on the project if it is terminated at the Board’s request, and this resolution makes it clear that the Board is not doing that at this point but could ask for that action in the future if VDOT does not terminate the project based on the Board’s position. Mr. Boyd asked if the Board has the enabling authority to stop the bypass with that clause in there, because his thought was that the only place they could stop it was at the MPO level – and he’s not even sure they could do it there. Mr. Sheffield said he isn’t interpreting opposition as a request to stop. Mr. Boyd stated that he’s just making it clear to the public that this resolution carries no legal authority to stop this project. Board members agreed that this was correct. Ms. McKeel pointed out that there was a motion and a second on the table. Ms. Dittmar said this resolution, at its core, is not asking to terminate the western bypass, but is asking Governor McAuliffe, Secretary Layne and the CTB to transfer funds from the bypass project over to Places 29 – excluding transit. Mr. Sheffield said he isn’t comfortable with that statement, but he would say “transfer funds to the bulleted items.” Ms. Dittmar stated that she is trying to reframe three pages into something that’s understandable to people, so that when they leave tonight they know what the Board did. She said the Board is not asking for termination of the western bypass, but are saying that there are certain aspects to improving Route 29 congestion and safety that are critical and need to be funded, and they don’t want to lose money allocated to the bypass – so they’re asking that it be shifted to the items listed here. Ms. Palmer said the clause related to redistribution of funding that names specific projects should include a request that those projects be completed as expeditiously as possible. Mr. Boyd said, by doing that, the County runs the risk of losing the dollars, and asked Board members if they disagree with that. Mr. Sheffield said he did disagree with that assertion. February 19, 2014 (Afternoon Adjourned Meeting) (Page 33) Mr. Boyd stated that it’s not the Board’s call. Mr. Sheffield said it is the Board’s call to take opposition to a project it doesn’t feel should be funded. Ms. Mallek clarified by saying “at this sequence.” Ms. Dittmar said the funds wouldn’t be at risk until the Board asks for termination, and she wasn’t prepared to vote one way or the other until they got through the public hearing – and one other thing that added to the situation was the letter from the FHWA, which indicates that people outside of the County are now requesting reassessment of the project to determine if it remains appropriate given that the need appears to expand well beyond the existing project limits. Ms. Dittmar stated that it also says a reassessment of the purpose and need will find that it’s no longer adequate to support the investment in the corridor, so it advises VDOT to reopen consideration of alternatives. She said if VDOT no longer thinks it’s adequate for the investment, she wants to take that out and assign it to things that will improve the corridor. Ms. Dittmar said they’re not asking for termination, they’re asking the Governor, Secretary Layne and the CTB to take a look at this solution at this time. Ms. Mallek said a supplemental EIS would allow VDOT and FHWA to take a fresh look at needs that exist in the corridor and develop a solution that is supported by the public and the localities, and the FHWA seems to be directing VDOT in that accord. Ms. McKeel reminded everyone that they were reading from a letter dated February 18, 2014 from the Federal Highway Administration. Mr. Sheffield asked if it would be appropriate to post it on the County’s website. Mr. Foley said that it’s public information now and could be posted. Mr. Sheffield stated that it’s important for the public to know that the letter has been received and is being evaluated by the County, the MPO, VDOT and others, and that it has significant implications as to where the bypass is going from here. Mr. Boyd called for the vote. Roll was then called and the motion carried by the following recorded vote: AYES: Ms. Dittmar, Ms. Mallek, Mr. McKeel, Ms. Palmer and Mr. Sheffield. NAYS: Mr. Boyd. (The adopted resolution is set out below:) RESOLUTION WHEREAS, Albemarle County recognizes the multiple purposes that US Route 29 serves as it traverses the Charlottesville/Albemarle area, functioning as an important corridor for regional as well as local traffic; and WHEREAS, the regional importance of US Route 29 is demonstrated by its designation as a Corridor of Statewide Significance and as a Highway of National Significance, and regional travelers using US 29 to pass through the City of Charlottesville and northern Albemarle County to reach destinations outside the Charlottesville Metro Area represent approximately 10 percent of the daily trips on this portion of the highway; and WHEREAS, the local importance of US Route 29 is demonstrated by the fact that the vast majority of trips on US 29 in Charlottesville and northern Albemarle County are local trips traveling to or from the employment, retail, and residential areas located along the corridor; and WHEREAS, the multiple purposes that the US 29 North Corridor serves in the Charlottesville/Albemarle area have led Albemarle County, working with the City of Charlottesville and the Virginia Department of Transportation (“VDOT”), the Charlottesville-Albemarle Metropolitan Planning Organization (“MPO”), and the Thomas Jefferson Planning District Commission (“TJPDC”), to develop a cost- effective transportation strategy for addressing local and regional traffic on US 29 by combining selected improvements to US 29 with improvements to a network of parallel and local streets; and WHEREAS, a crucial step in the development of this transportation strategy was initiated with the 29H250 Intersections Studies completed by the TJPDC, the MPO, the City of Charlottesville, Albemarle County, and VDOT in 2003 and 2004; and WHEREAS, the transportation strategy from the 29H250 Intersections Studies was then extended to the entire 10.75-mile long portion of the US 29 Corridor from the Route 250 Bypass to the Greene County boundary with the development of: (1) the US 29 North Corridor Transportation Study Final Report that was developed by the TJPDC, the MPO, VDOT, and Albemarle County and that was unanimously approved by the MPO Policy Board in 2008, and (2) the Places29 Master Plan that was a joint project of Albemarle County, VDOT, and the TJPDC, in cooperation with the City of Charlottesville and the University of Virginia, which the Albemarle Board of Supervisors unanimously approved in February 2011; and February 19, 2014 (Afternoon Adjourned Meeting) (Page 34) WHEREAS, the transportation strategy that was developed for the US 29 North Corridor offers multiple transportation, land use, and economic benefits by providing additional capacity on Route 29 and by providing alternative routes for shorter distance trips in the corridor via an augmented network of parallel and local connecting streets; and WHEREAS, the benefits of the transportation strategy include preserving and increasing capacity on US 29 for longer distance trips, enabling the state and Albemarle County to maximize the efficiency of the transportation infrastructure that is already in place, and fostering transportation and land use patterns that encourage more trips to be made by transit, walking, and biking; and WHEREAS, the transportation strategy recognizes that the large movements of turning and crossing traffic at the intersections of Rio Road/US 29 and Hydraulic Road/US 29 can cause substantial peak period queues to develop at these locations, and numerous transportation studies conducted over the past decades, including traffic studies conducted as part of the National Environmental Policy Act analysis of the proposed Route 29 western bypass of Charlottesville, have indicated that significant improvements to these intersections will be necessary for traffic to function at a desirable level of service on US 29 regardless of whether the proposed western bypass is constructed; and WHEREAS, in recognition of the challenges presented by the limited availability of resources to undertake transportation improvements, the Places29 Master Plan articulated a set of “essential transportation projects” as the highest priorities, each of which help to advance the transportation strategy espoused by Albemarle County and its partners in the studies and plans referenced above: ● Expanding the southbound-to-westbound ramp at the US 29/250 Bypass with an auxiliary lane to the Barracks Road off-ramp; constructing a fourth southbound lane on US 29 between Hydraulic Road and the US 250 interchange; and constructing a westbound merge lane on the 250 Bypass at the Barracks Road interchange (collectively known as the “Best Buy ramp project”); ● Widening US 29 to six lanes from Polo Grounds Road north to Town Center Drive; ● Construction of Berkmar Drive Extended (including a bridge across the Rivanna River); ● Construction of the Hillsdale Drive Extension; and ● Enhanced transit service; and WHEREAS, Albemarle County, the City of Charlottesville, and VDOT recently committed to installing adaptive control technology at traffic signals along Albemarle County and Charlottesville’s portion of the US Route 29 North Corridor extending north to Airport Road, a system that should significantly reduce travel time in the corridor and should be in place later in 2014; and WHEREAS, opposition to the proposed western bypass has long been intense in the Charlottesville/Albemarle area due to its excessive financial cost (currently estimated at $244.5 million) and the significant harm it would have on the community if constructed, including the impacts of noise and air pollution on students and teachers at six schools located in close proximity to the proposed route, severe impacts to ten established neighborhoods, impacts to five watersheds through which it would be built (Moore’s Creek, Meadow Creek, Ivy Creek, the South Fork Rivanna River, and the Rivanna River), impacts to the South Fork Rivanna Reservoir that is a primary source of drinking water for County and City residents, and the harm to an area of historic African-American communities around Ivy Creek; and WHEREAS, as part of a multi-year, $1.5 million study completed in 2011 that VDOT conducted of the entire Route 29 Corridor in Virginia, from the North Carolina state line to Interstate 66 in Prince William County, VDOT determined that the proposed western bypass is not an effective option to serve corridor-wide trips, and the Places29 Master Plan recognized that the western bypass is not a substitute for improvements within the corridor; and WHEREAS, from 1983 until June 8, 2011, the Albemarle County Board of Supervisors consistently opposed construction of the western bypass or made clear that the bypass was a much lower priority than direct improvements to Route 29, and the MPO consistently voted from 1996 until 2011 not to allow federal construction funds to be used for the project; and WHEREAS, following an unannounced discussion of the proposed western bypass and a suspension of the Board’s Rules of Procedure to allow a vote on an item that had not been included on the agenda, the Board of Supervisors, without a public hearing, voted 4-2 to change Albemarle County’s longstanding position of being in opposition to the construction of the western bypass on June 8, 2011; and WHEREAS, the MPO amended its Transportation Improvement Program and its Long Range Transportation Plan, both in divided votes, in July 2011 to remove the prohibition on federal construction funds being allocated to the western bypass; and WHEREAS, the Albemarle County Board of Supervisors held a public hearing on February 19, 2014 for the purpose of taking public comment on the proposed western bypass and priorities for the Route 29 corridor and reconsidering its policy on those items; NOW, THEREFORE, BE IT RESOLVED, that Albemarle County hereby re-endorses and again prioritizes the strategy set forth in the US 29 North Corridor Transportation Study Final Report and the transportation improvements set forth in the Places29 Master Plan, including the set of priority projects discussed herein; and February 19, 2014 (Afternoon Adjourned Meeting) (Page 35) FURTHER RESOVED, that, for the above reasons, Albemarle County readopts and reestablishes its longstanding opposition to the proposed western bypass; and FURTHER RESOLVED, that Albemarle County requests Governor McAuliffe, Secretary of Transportation Layne, and the Commonwealth Transportation Board to redistribute funding currently allocated to the proposed western bypass to the following projects, and to advance their completion as expeditiously as possible: ● Berkmar Drive Extended (including a bridge across the Rivanna River); ● Any additional expenses for widening US 29 to six lanes from Polo Grounds Road north to Town Center Drive to cover the portion between Polo Grounds Road and Ashwood Boulevard; ● The Hillsdale Drive Extension and the Best Buy ramp project, if additional funds are needed for their completion; and ● A study of various options for improving the Rio Road/US 29 and Hydraulic Road/US 29 intersections; and FURTHER RESOLVED, that this resolution is not a request by Albemarle County or the Charlottesville Albemarle Metropolitan Planning Organization for termination of the proposed western bypass within the purview of Va. Code § 33.1-12 or Va. Code § 33.1-223.2:13. _______________ Agenda Item No. 8. From the Board: Matters not Listed on the Agenda. There were none. _______________ Agenda Item No. 9. Adjourn to February 21, 2014, 11:00 a.m., Room 241. At 10:53 p.m., Mr. Sheffield moved to adjourn the meeting to February 21, 2014 at 11:00 a.m. Ms. Mallek seconded the motion. Roll was called and the motion carried by the following recorded vote: AYES: Ms. Dittmar, Ms. Mallek, Mr. McKeel, Ms. Palmer, Mr. Sheffield and Mr. Boyd. NAYS: None. ________________________________________ Chairman Approved by Board Date: 05/07/2014 Initials: EWJ