1992-01-02January 2, 1992 (Organizational Meeting)
(Page 1)
269
An adjourned meeting of the Board of Supervisors of Albemarle County,
Virginia, was held on January 2, 1992, at 4:00 P.M., Meeting Room 7, County
Office Building, McIntire Road, Charlottesville, Virginia. This meeting was
adjourned from December 18, 1991.
The following certificate was received:
VIRGINIA:
IN THE CLERK'S OFFICE OF THE CIRCUIT COURT
OF ALBEMARLE COUNTY, DECEMBER 3, 1991:
CHARLES S MARTIN; FORREST R. MARSHALL, JR.; WALTER F. PERKINS;
SUPERVISORS QUALIFIED:
Charles S. Martin, who was on the 5th day of November 1991 duly
elected a member of the Board of Supervisors of Albemarle, County,
from the Rivanna District; Forrest R. Marshall, Jrt, who was duly
elected on the Sth day' of November 1991 from the Scottsville District;
and Walter F. Perkins, who was duly elected on the 5th day of November
1991 as a member of the Board of Supervisors from the White Hall
District, for a term of four years commencing on the 1st day of
January 1992, on this the 3rd day of December 1991 appeared in the
Clerk's Office of the Circuit Court of the County of Albemarle and
took and subscribed the oath of office prescribed by law and acknowl-
edged a bond in the penalty of One Thousand Dollars ($1,000~00) as
members of the Board of Supervisors of Albemarle County, Virginia.
(Signed) SHELBY J. MARSHALL¢ CLERK
PRESENT: Mr. Edward H. Bain, Jr., Mr. David P. Bowerman, Mrs. Char-
lotte Y. Humphris, Messrs. Forrest R. Marshall, Jr., Charles S. Martin and Mr.
Walter F. Perkins.
ABSENT: None.
OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr. and County
Attorney,' George R. St. John.
Agenda Item No: 1. The meeting was called to order at 4:00 P.M. by the
County Executive, Mr. Tucker.
Agenda Item No. 2. Pledge of Allegiance.
Agenda Item No. 3. Moment of Silence.
Agenda ItemNo. 4. Election of Chairman.
Mr. Tucker noted that the first item of business was to elect a new
Chairmmn for the Board of Supervisors.~ He stated that the actual motion to
nominate someone does not require a second. He said that~the Chair retains
the right, if necessary, to ask for a vote through acclamation, which is a
voice call vote. He added that he would inform the Board of this, if neces-
sary, as the meeting proceeds. He then opened the floor fornominations for
Chairman.
Mr. Bain nominated David P. Bowerman. Mr. Perkins gave secomd amd moved
that the nominations be closed. Mr. Tucker asked that all Board members in
favor of closing the nominations signify by saying, "Aye." Ail Board members
respondedby saying, "Aye."
Mr. St. John informed Mr. Tucker that every vote has to be individually
counted by the Clerk. He said that the minutes have to show how each member
voted.TM Mr. Tuckerlasked Mr. St. John if this was true even for themotion to
close the nominations. Mt. St. John reiterated that every motion has to be
done in this manner. Mr. Tucker then asked that the roll be called in refer-
ence to closing the-nominations.
Roll was called, and the motion carried by the following recorded vote:
January 2, 1992 (Organizational Meeting)
(Page 2)
270
AYES: Mr. Bain, Mrs. Humphris, Messrs. Marshall, Martin and Perkins.
NAYS: None.
ABSTENTIONS: Mr. Bowerman.
Mr. Tucker thanked Mr. St. John for his help. He then asked for a roll
call vote on the nomination of Mr. David P. Bowerman as Chairman of the
Albemarle Board of County Supervisors for 1992.
Roll was called, and the motion carried by the following recorded vote:
AYES: Mr. Bain, Mrs. Humphris, Messrs. Marshall, Martin and Perkins.
NAYS:' None.'
ABSTENTIONS: Mr. Bowerman.
Mr. Tucker congratulated Mr. Bowerman for his appointment as Chairman of
the Albemarle Board of County Supervisors.
Mr. Bowerman thanked the Board members for their support. He said that
the first thing thathe would like officially to do is to recognize Mr.
Charles Martin as-,the~new?representative from the Rivanna'District, and Mr.
Forrest Marshall, Jr., as the new representative from the Scottsville Dis-
trict. He welcomed these new members to the Board of Supervisors.
Agenda Item No. 5. Election of Vice-Chairman.
Mr. Bowerman asked for nominations for the Vice Chairman to the Board of
Supervisors. Mrs. Humphris nominated Mr. Edward H. Bain, Jr. for Vice Chair-
man. Mr. Perkins seconded the motion and moved that the nominations be
closed.
Mr. Bowerman stated that a motion has been made to close the nominations
for the position of Vice Chairman. He asked the Clerk to call the roll. The
motion carried by thefollowing recorded vote:
AYES: Mr.~Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and Perkins.
NAYS: None.
ABSTENTIONS: Mr. Bain.
Mr. Bowerman then asked the clerk to call the roll on the appointment of
Mr. Bain as Vice Chairman. The election of Mr. Bain carried by the following
recorded vote: .-~
AYES,_ Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and Perkins.
NAYS: None.
ABSTENTIONS: Mr. Bain.
Mr. Bowerman congratulated Mr.'Bain on his election as Vice Chairman to
the Albemarle Board of County Supervisors.
Agenda Item No. 6. Appointment of Clerk and Deputy Clerk.
Next, Mr. Bowerman asked for a motion to elect the Clerk. Motion'was
offered by Mrs. Humphris, seconded by Mr. Bain, to reappoint Miss Lettie E~
Neher~as Clerk to the Albemarle Board of County Supervisors.
Roll was called, and the motion carried by the following recorded, voted:
AYES:
NAYS:
Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and
Perkins.
None,
At this time, motion was offered by Mrs. Humphris, seconded by Mr.
Perkins, to reappoint Mrs. Ella W. Carey as Deputy Clerk to the Albemarle
Board of CountySupervisors.
II I
January 2, 1992 (Organizational Meeting)
(Page 3)
271
Roll was called, and the motion carried by the following recorded vote:
AYES:
NAYS:
Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and
Perkins.
None.
Mr. Bowerman congratulated Miss Neher and Mrs. Carey for their reappoint-
ments as Clerk and Deputy Clerk to the Board, respectively.
Agenda Item No. 7. Set Meeting Times, Dates and Places for Calendar Year
1992-. ~' -~
Mr. Bowerman explained that the Code requires that the times and places
for meetings beset for the 1992 calendar year. He said ~that the January
dates have already been established. He noted that the next three meetings
will be the~Board's normal Wednesday meetings. He said that datesneed to be
established for the remainder of the year. He asked Mr. Tucker if he had any
comments.
Mr. Tucker stated that some thought had been given to changing the
Supervisors.' meeting dates, at Mr. Martin's request, so that his-schedule~
could be met. Mr. Tucker statedthat the staff, and the Supervisors to whom
he has spoken, feel that it would be best to maintain the first, second and
third Wednesdays meeting schedule. In terms of the date of the all day
meeting, Mr. Tucker said that staff would recommend that the first Wednesday:
of each month, beginning in February, starting at 9:00 a.m., be set as the all
day meeting. He added that staff suggests that the second and third Wednes-
days be retained as the time for the evening meetings, and thatthese meetings
begin~at 7:00 p.m.
Mr. Bowerman askedMr. Martin if this change~in the meeting dates meets-
his schedule. Mr. Martin replied that the changes were fine with him. Mr.~
Bowerman then asked if everyone else was satisfied with the meeting date
changes.
At this time, motion was offered by Mr.. Martin, seconded by Mr. Bain, to
accept ~the meeting date changes as recommended' by the County Executive.
Mr. Bowerman clarified that it has been moved and seconded that the Board
establish its regular meeting dates as the first, second and third Wednesdays
of. each month, the first being the all day meeting, and the second and third
being the regular nightly meetings.
Roll was called, and the motion carried by the following recorded vote:
AYES:
NAYS:
Mr..Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and
Perkins.
None~
Mr. St. John noted..that the statute indicates that.'a'"time and place.have
to be established.
Mr. Bowerman answered~ that the Board will meet at 9:00 a.m. on the first
Wednesday of each month and at 7:00 p.m. on the second and third Wednesdays of
each month. He addedthat the day and night meetings will be held in Meeting
Room Seven of the County Office Building on McIntire Road.
Agenda Item No. 8. Set Dates for Hearing Zoning Text Amendment Requests
from Citizens.
Mr. Tucker stated that the hearings for the Zoning Text Amendments are
usually held in June and December. He then recommended that these public
hearings be set for June 10, 1992, and December 9, 1992, in Meeting Room Seven
of the County Office-Building. -~
January 2, 1992 (Organizational Meeting)
(Page 4)
272
Motion was offered by Mrs. Humphris, seconded by Mr. Bain, to set the
public hearings for Zoning Text Amendment request by citizens, for June 10,
1992, and December 9, 1992, in Meeting Room 7 of the County Office Building at
7:00 p.m.
Roll was called and the motion carried by the following recorded vote:
AYES:
NAYS:
Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and
Perkins.
None.
- ~Agenda ItemNo~9,r .RUllesof Procedure, Adoption of.
Mr. Bowerman stated that all of the Board members should have had a
chance~tOr~iook over the Rules of. Procedure.~by~which this Board has operated
for many years. Any change to be made needs to.be introduced now, with the
actual vote on the change being made at the next meetin-g.
Mrs. Humphris said that the order of voting has been discussed before,
but nothing has ever been done about it. She recalled that ever since she has
been on the Board, and possibly before that time, the same alphabetical order
of voting has been maintained. She said that the possibility has been dis-
cussed of changing to a rotating voting order, and she would like to hear if
other members of the Board are interested in pursuing this thought at all.
Mr. Perkins asked Mr. St. John if there are any legal ramifications
relating to the order-of voting. Mr-. Martin wondered how hard it would be to
keep up with a rotating vote.
Mr~Bowerman replied that rotating the'voting should not behard to do if
it were done at every meeting and not with every vote. Mr. Bain said he would
like to simplify~thevoting~procedure. He thinks that it would make sense to
rotate the vote on a monthly basis. Mrs. Humphris agreed that there should be
a simple way of voting~ Mr. St. John stated that the vote could still be
taken alphabetically, but also on a rotating basis.
Mrs~ Humphris agreed. She said that at the beginning of every month, one
name couldbe moved down the alphabet. Mr. St. John commented that the voting
could still~be done in the same order.
Mrs. Humphris replied that the voting'would always be inthe same order,
but the vote could be started with a different Board member every time~ She:
proposed that the vote be rotated on a monthly basis.
Mr. Bain wondere~ if the staff would have a problem with the voting
change. Miss Neher, Clerk, replied that the voting change would be no~prob~
lem~ Mr.. St. John asked if the voting order was a part of the Rules of
Procedure or was it just a customary procedure~ Mr. Bowerman and Mr.~Bain
respondedthat the voting order is not a part of~the Rules of Procedure.
Mrs. Humphris said she was making this suggestion concerning the order of
voting forthought and discussion'. She asked Mr. Bowerman if hehad said that
thechange in voting would not take place at this particular meeting.
Mr. Bowerman replied that the voting order is not in the official rules,
so the change could take place at any meeting. ~e said, too, that hewould
encourage the change in the voting order. He wondered if Mr. Bain was both-
ered by always having to vote first.
Mr. Bain answered that voting first did not bother him. He. said that
rotation of the vote would be fine with him as he does not have strong feel-
ings about it.
Mr. Bowerman asked Mr. Perkins what his feelings were concerning the
voting order. He reminded Mr. Perkins that, under the present voting order,
he would be the last member of the Board to vote.
January 2, 1992 (Organizational Meeting)
(Page 5)
273
Mr. Perkins replied that if the voting order is going to be changed, then
he thinks it should be changed with every vote. He said that the same prob-
lems would arise no matter how often the vote was rotated.
Mrs. Humphris wondered if it would present a problem to rotate the voting
order with every vote. She said that if there was a rule requiring that the
voting order rotate with every vote, it might mean that the voting order could
change within a minute.
Motionwas then offered by Mrs. Humphris, seconded by Mr. Martin, to
adopt a manner of voting in which the alphabetical order is retained, but the
vote would be rotated down the list of Board members every month.
Mr. Bowerman asked if every Board member understands what the motion
entails. He said that he would have difficulty supporting the rotation for
every vote because-of theproblemsit would create for the Clerk. He-would~_
rather not do it at all than to have a rotation of' the voting order with every
vote.
Mr; Perkins stated that he knows the SchoolBoardhas changed theorder
of voting with every vote, but he does not know how much. trouble it caused.
Mr. Bain remarked that he_does not think that the School Board votes as much
as the Board of Supervisors in its meetings. He said that even on a public
hearing night, there might be five or six votes, and those are not so close in
terms:'of.~time. He added that' when. the Supervisors"are~::working on budgetary
appropriations, a lot of votes are taken.
Miss Neher said that a clerk could be assigned to just take the votes.
She explained that the clerks use a rubber stamp that includes every Board
member's name, and the names are checked as each Board member votes. She
added that if the votes are rotated,-a clerk would have to keep the votesLon a
separate piece of paper. She went on to say thatsometimes there:are asmany
as 45 votes during ameeting.
There was no further discussion. Roll was called, and the motion carried
by the following recorded vote:
AYES:
NAYS:
Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and
Perkins.
None.
Mr. Bowerman~next asked if the Board wanted to adopt the Rules of Proce-
dure without changes.
Motion was then offered by Mr, Bain, seconded by Mrs. Humphris, to adopt
the Rules.of Procedure without changes'. Roll was called, and the motion
carried by the following recorded vote:
AYES:
NAYS:
Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and
Perkins.
None~
Agenda Item No. 10. Appointments.
Mr. Tucker explained that the Clerk has given him a list of various
appointments that this Board will need to make sometimethis month, He
suggested that the Board members review the list. He noted that there are
quite a few commissions, committees and boards for which the Supervisors are
responsible for membership. He said that he'would like an opportunity~to work
with the-Chairman of this Board because some of.theappointments can be done
by the Chairman. He added that either he (Mr. Tucker), the Clerk or the
Chairman will be contacting the Board members individually to see if they are
ready to-start making appointments.
Mr.. Fisher pointed out that some appointments will not need to be made
until May because some of the appointments will expire later in the year. He
went on to say that the more urgent appointments are the ones that need to be
made for the Planning Commission and the School Board~ He reminded the
274
January 2, 1992 (Organizational Meeting)
(Page 6)
Supervisors that the School Board appointments cannot be made, however, until
after the public hearing next week. He said that it would be helpful if soma
Planning Commission appointments could be made now, but he also feels that it
would be best to make the appointments all at the same time. He stated that
the present Planning Commission members and the present School Board members
can continue to serve in their normal capcity even though there may be changes
during the month. He reiterated that the Planning Commission has a meeting
next Tuesday, but the current members could continue to serve for that meet-
ing. He said that the Supervisors might want to discuss some of the appoint-
ments in executive session, because the Supervisors have copies of the appli-
cations for the at-large members and others. He also suggested that the
Supervisors might want to interview some of the applicants for these appoint-
ments~ He does not know theBoard's:preference, but he said it would be
helpful if the appointments for the Planning Commission and the School Board
could be made as soon as possible.
Mr. Bowerman remarked that it appears that it is up to this Board as to
how the appointments will be made; He said.the appointments can be made all
at one time, including the-appointment for the, at-large member, since the
Commission can still operate without the appointments being made right away,
He asked if interviews could b~ held on January 15. Mr. Tucker said, if~the.
Board so-chooses.
Mr. Marshall suggested that the Board make the appointment for the
Scottsville district right away, since he (Mr. Marshall) already knows who he
would like to serve on the Planning Commission. Mr. Marshall went on to say
that this would.allow'the new commissioner to take part in next week's meet-
ing.
Mr. Martin stated that hewill be finished his interviews for the Plan-
ning Commission by January 15.
Mr. Bain wondered.if Mr. Martin could complete his interviews by the
Supervisors' next'meeting, which is January.~8; He'said that the two appoint-
ments for the Planning-.Commission could at least'be done.by that time, He
noted that Mr. Perkins still has to choosesomeone to.serve on the Planning
Commission.
Mrs. Humphris inquired' if there was a reasonwhy Mr. Marshall's appoint-
ment couldnot be done at today's meeting.
Mr. Bowermanreplied that the only reason this appointment cannot be made
at today's meeting' is because the Chairman of the Planning Commission is from
the ScottSville District. He said that the Commission will have to organize
at its first meeting, and he does not know if it would hamper the organiza-
tional meeting if onlyone appointment is made. He added that it might be
better to make all of the appointments at one time. Mr. Tucker agreed that it
would be preferable for all'of the appointments to thePlanning Commission to
be.made at one time.
Mr~ Bain stated that if the Supervisors try to interview the School Board
members and the at-large Planning Commission applicants all on January 15, it
is going to be more than can be done on that day. He wondered if interviews
for either the School Board or the Planning Commission.could-be held after the
Supervisors' regular meeting on 5anuary 8.
Mr. Bowerman suggested.that if the interviewscould be. held nextWednes~
day, the Planning Commission members'could be appointed that night. He added
that':the School Board candidates could be announced that same night, and the
interviewsfor the School Board.could be held on January 15.
Mr. Bowerman suggested that the Board plan to meet onWednesday, Janu-
ary 8, 1992, at 4:00 p.m. in executive session to interview candidates for the
at-large position on the Planning Commission.
Next, Mr. Bowermandiscussed the Board members' committee appointments_.
He said the Supervisors could individually indicate which appointment they
would like to have. He.added that he could collate them, and the ones that
need discussions can be handled in an executive session. He said that this
would give everybody the opportunity to serve on the committee of their
choice.
January 2, 1992 (Organizational Meeting)
(Page 7)
275
Mrs. Humphris called attention to the fact that the Clean Community
Commission indicates that she and Mr. Way are serving on that Commission. She
stated that she has been on this Commission for two years, has never seen Mr.
· WaY at a meeting, and did not even know that he was a member. She stated that
the Clean Community Commission is merging with the Rivanna Solid Waste Author-
ity, so the Commission has, in effect, ceased to exist.
Mrs. Humphris next mentioned that the list of committees indicates that
Mr. Bain has been serving on the Metropolitan Planning Organization Policy
Committee. She said that she has also been serving on the Committee, and, in
fact, has been the Chairman of this Committee for the last two years.
Mr. Marshall stated that he would like to replace Mr. Way on the
Scottsville Annexation Committee. Mr. Bowerman answered that some of the
appointments would be obvious as to who will serve on the committees. He
thinks that~it is important,'however, to find out whether Mr..Bain would like
to continue to serve on the TJ Planning District Commission;
Mr. Bain remarked that the Equalization Board is a five person board, and
until last year, the Samuel Miller District had no representative. He said~
that last year it.was agreed to rotate the appointments by district. He asked
if this rotation takes place from January to January. Mr. Tucker replied,
"yes", and. explained thatby law, it is aone-year appointment. He noted that
the Rivanna-District does not have anyone on the'Equalization Board this year,
and he said that.it has not been established which district will come off the
Equalization Board this year.
Mr. Martin statedthat he would agree to be appointed to'the Rivanna Park
Committee in place~of Mr. Bowie.
Mr. Bowerman said that this~appointment has traditionally been from the
twodistricts closestto the Park, and they are Rivanna'and Charlottesville.
He agreed that Mr; Martin.is the appropriate choice for the Rivanna Park
Committee~
Mr. Bowerman asked~ Mr. Bainif he wanted to continue serving on the
Scottsville-Annexation Committee, with Mr. Marshall being appointed as the new
member.
Mr. Bowerman thenasked if there wasa suggestion for the WhitewoodR°ad
Park Committee. Mrs. Humphris responded that she would like to remain on the
Whitewood Road Park Committee.
Mr. Perkins called attention to the Social Services Board. He said that
there were a couple of people on that Board who had been on that Board for
seven years. He asked Mr. St. John if these people could bereappointed for
another year, or for a full-term. ~ .
Mr. St. John answered that he-is not sure if the people who have already
served seven years on the Social Services Board can even bereappointed for
one year. He said that the statute indicates that a person can only serve two
terms on that Board. He thinks that if these people want to serve another
year, and the Supervisors would like for them to do so, then they can be
reappointed. He explained that the only problem would be if the courts-or the
Attorney General interpret the statute to mean that these people can'teven, be
appointed for one.year. He added that, in this case, they could be required
to resign, but they would be de facto officers until that happened. He went
on to say that this is not very likely to happen, however. He stated that
there will(never be a case where any action that these .members took would be
invalid.~ He thinks that the safe thing to do would be to appoint.them for the
one remaining year. He noted that if the Supervisors appointed them for a
full.term, it would clearly be in violation of the statute, under any inter-
pretation.
Mr. Tucker said it would be better to find someone who could be appOinted
for the four year. term, and their terms would then be equal to Mr. Bain's..and~
Mr. Marshall's terms. He said that if these people are reappointed for-one
year, someone else will have to be appointed at the end of that year; and they
could only serve for three years. He added that the Supervisors could do
whatever they wished.
January 2, 1992 (Organizational Meeting)
(Page 8)
276
Mr. St. John explained that if the Supervisors would like to take their
time looking for new people to serve on the Social Services Board, the people
who are in office now could continue to serve until the new people are ap-
pointed. He reiterated that everything the officers do would be valid until
they are replaced.
Mr. Marshall stated that Mr. Theodore Gardner has indicated that he would
like to be reappointed. He said that he had just found out today that he
could not reappoint him for more than a year, but he knows of no other person
who is interested.
Mr. St. John suggested to Marshall that Mr. Gardner be held over on the
Social Services BOard~until'someone eise could be appointed.
Mr. Marshall replied that he would like to reappoint Mr. Gardner for one
more year, and then-he will find someone else to serve for three'years.
Mr. St. John informed the Supervisors that if they reappoint these two
people to the Social Services Board for four year terms,.they can serve and
everything will be valid, unless during this period of time, someone challeng-
es them. He said that if this should happen, the only remedy would be to
remove them or to have them resign.
At this time, motion was offered by Mr. Marshall, seconded by Mrs.
Humpris to appoint Mr. Theodore N. Gardner to the Social Services Board for
one year; this term will expire on December 31, 1992.
Roll was called, and the motion carried by the following recorded vote:
AYES:
NAYS:
Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and
Perkins.
None.
Next, Mr. Perkins moved the reappointment of Mrs. Doris Davis to the
Social Services Board' for one year; this term will expire on December 31,
1992. Mrs. Humphris seconded themotion.
Roll'was called,'and the motion carried by the following recorded vote.
AYES:
NAYS:
Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and
Perkins.
None;
Mr..Bowerman mentioned that Mr. Lester Wilson has resigned asa member of
the Community Corrections Resources Board. He noted that there is an appli-
cant for this appointment. Mrs. Humphris commented that she has no idea what
this Board does. Mr. Bowerman asked that the Supervisors be furnished with
this informationat the-next meeting~
Agenda Item No. 11. Other Matters Not Listed on the Agenda.
Mr. Tucker handed out the operating budget calendar for March and April.
Mr. Martin mentioned that representatives from a company came through the
area awhile ago, and expressed interest in some property on Route 29 North.
He would like the Board to direct staff to look into the matter as it relates
to the Comprehensive Plan'and~to bring this Board~a report on what can and
cannot be done, as well as different options. He said that he would like to
let.the companyknow~that Albemarle County might be interested in seeing what
they have to offer, andhe would like for this Board to use good judgment as
to whether or not to cooperate.with the company.
Mr. Bowerman said it would help to know who these people are, the nature
of the operation, and what the operation would require. The staff would need
this information before it could evaluate whether or not to move forward with
acquiring further information.
277
January 2, 1992 (Organizational Meeting)
(Page 9)
Mr. Martin replied that he does not believe it is necessary to know who
these people are. He thinks it would be helpful to know the amount of land
that they would be using and how it would fit into the Comprehensive Plan. He
thinks staff can bring the information on these issues to this Board without
this Board knowing what company is interested.
Mrs. Humphris stated that there is a process to be followed, and there is
no way that anything can be done outside of the process. She said that no
decision can be made until it is known who the people are, why they want a
particular tract of land and where it is located. She added that this Board
is here to receive requests of this nature. She went on to say that she was
taken aback to read about it in the newspaper, and to find out that the
Supervisors are the lastto know,~ She stated that there is a process, and any
proposal should go through that process.
Mr. Martin con~nented, that he does not'think thatthese people are at~ the
point of making a proposal. He said theyare touring this area to see whether
or. not they would even want to approach this Board with a proposal.
Mrs. Humphris said that she does not understand, and she asked what this
Board can do. Mr. Tucker responded that the feasibility of using a certain
site could be considered, and he thinks that the people from this company are
considering Route 29 North for an industrial use. He said it would be helpful
to at least know what the company does, the number of people who would be
employed, as well as the type of industrial use. If this is a feasible
location, then the property wouldmore than likely, have to be rezoned. If a
rezoning is needed, then the entity would have to come forward and make a
formal request.
Mrs. Humphris said that she thought the staff discussed with an applicant
the feasibilities'and the possibilities of a plan, andthen it comes forward
throughtheplanning process. Mr. Tucker answered that this-application would
go throughthe planning.process eventually~
Mrs. Humphris wondered what can'be told' to the company representativesi
ahead of time. She said the Supervisors are not in a position to say anything
until~the application goes through the process. She asked, again, what-the
Supervisors can say. Mr. Tucker replied that the only thing the Supervisors
can indicate is whether or not the area that is being considered is feasible
for an industrial amendment use. It would be like any other Comprehensive
Plan amendment, because:~theremight not necessarily be a property~owner or an
industrial or commercial prospect in-mind when the Comprehensive: Plan is
amended.
Mrs. Humphris asked what'kind of motion would be. before the Supervisors
thatwould lead them.to indicate that this is feasible. Mr. Tucker-~responded
that the motion could-relate only from an industrial standpoint, once-some
information is known,~if-it everis known. He stated that this company has
been rather secretive. All the staff can do is find out if the area in which
the companyis focusing is a feasible site~
Mr. Bain stated that it would seem reasonable for the current owner of
the property to request a change in the Comprehensive Plan designation. He
said when the overall plan was done, proposals were considered from several
different large property owners on Route 250 East and Route 29 .North. The
Supervisors really studied the situation in work sessions and even had lawyers
in attendance as well as letters of correspondence. He reminded the Board
that this is not a Comprehensive Plan change for the entire County that is
being discussed today, but, instead, it is for a specific piece of property.
He thinks it is difficult to go forward unless~the current property owner
wants to make a request. This would give some sort of indication-to the
Supervisors as to,the type of situation involved, He added that thecompany
does not have to be identified, but at least there would be a sense of some-
thing to. consider as far as the Comprehensive Plan is concerned, such as
whether the usagewill be-for heavy industrial, light industrial, mostly
commercial, mostly office, or how much manufacturing is involved, if any.
Mr. Martin commented that if this company is trying to select-from many
areas, if the location of the property is made known, and if Albemarle County
takes the initiative to do as much as can possibly be done, then Albemarle
January 2, 1992 (Organizational Meeting)
(Page 10)
278
County is making the gesture of requesting more information before the company
chooses another place. He said this would at least have Albemarle County
taking a step in the company's direction.
Mrs. Humphris remarked that the only problem she sees is that Albemarle
County could be giving a mixed message to the company. With only a small
amount of information, Albemarle County might imply that it would welcome the
company with open arms, then when more information is received, Albemarle
County might have to change its position for some good reason.
Mr. Martin said he does not think the gesture that the County would be
making would be an indication of welcoming the company with open arms. He
said it would just let thecompany know that Albemarle County recognized the
fact~that this company looked at a piece of property and wanted to look into
the possibility of what was feasible, before the company made its decision as
to a new location.
Mr. Bowerman commented that the company had contacted County staff about
specific locations, and staff has informed them of the zoning status and the
Comprehensive Plan status on individual parcels. He knows that the company
has looked at the University Industrial Park as well as property across from
GE-Fanuc-on Route 29 North. Information was given to the company about each
site. He, personally, would not have a problem if the applicant for one of
these sites made a presentation to this Board about what the company is
searching for in terms of the type of amenities, or type of land, etc. He
said that the applicant could ask the Board for some type of indication as to
whether the Supervisors would be willing to consider such a usage without
committing this Board to anything in the future. He said that theindividual
company does not'have to be identified for the Supervisors to see the proposal
in more detail. He notedthat the public needs to know about the proposal at
the same time.
Mr. Martin said his only reason for bringing this up is to figure out a
wayto let the company know that the Supervisors are at least willing to look
at the proposal, and would even welcome the company.if it wanted to showthe
Board its proposal. He-would like to indicate to the company that the Super-
visors have open'minds,
Mrs. Humphris asked why the company has not come forward with a request.
She wonders why the Supervisors have to read in the newspaper that this
company is secretly looking for a location in the County. Mr. Tucker ex-
plained that almost any company relocating will use this tactic~because it
does not want to create panic among: its employees, etc.
Mrs~ Humphris.then asked why the owner of the property that is being
considered cannot come forward~ Mr. Tucker agreed that this could be done.
Mr. Bain said he understands that there has been some contact. Mr.
Tucker explained that if the property owner puts in a request, thenthe Board
can decide whether or not to ask the staff to develop some type of a feasibil-
ity study or potential amendment to the Comprehensive Plan. He thinks that
Mr.~Martin is requesting that this process be started now, rather than waiting
for the applicant to make a request. He said the applicantcould make a
similar request, if it so.choose.
Mr. Martin wondered what the difference is between starting the feasibil-
ity study now, and waiting for the owner of the property to come to this
Board. Mr. Tuckerreplied that the Supervisors could ask questions of the
owner. Now, there is no information available.
Mr.'Marshall stated that everybody isaware of the economic conditions in
the country today and, particularly, in this community. He noted that the
City and County have. lost over 1500 jobs overthe last 12months, and there
have been considerable cutbacks at the University of Virginia, and he predicts
that there will be more. He said that if Sperry is sold or. moves, more jobs
will be lost. He wants toconvey a message'to the citizens of .Albemarle
County and to the people in Richmond who arc, helping new industries to locate
here, that he is looking for something that is suitable for this area that
will replace some of these lost jobsJ He added that he is looking for some-
thing that will help diversify the economic base. He went on to say that he
would be interested in the Supervisors drawing up a resolution to indicate to
279
January 2, 1992 (Organizational Meeting)
(Page 11)
the company representatives that the Supervisors in Albemarle County are
interested in new industries coming here, and are not looking at everything
with a closed mind. He said that the Supervisors need to let the community
and the people in the Department of Economic Development in Richmond know that
they are interested in businesses coming here. He added that Albemarle County
needs to be a stable economic community, and this can only happen if different
plans, regardless of what kinds of plans they are. Mr. Martin wondered why
the feasibility study cannot be started now which would put the study two
weeks ahead, and also send a message to the company. His understanding is
that the company will make its decision very quickly.
Mr. Bowerman said he understands that the site most suitable for this
company is not currently-shown in the Comprehensive Plan for that use nor is
itzoned for that use. The company representatives looked at sites where they
could, by right, locate with just site plan approval. He said that he does
not kn'ow how anything canbe done without an application before.this Board.
This Board will need to decide whether it is willing to. entertain.a Comprehen-
sive Plan change out of the normal time frame in order to get the matter to a
public hearing.
Mr. Martin. said that would require a resolution, and he is not asking for
a resolution. He would 'like to ask Mr. Tucker and his staff to bring the
Board some more information on this situation,
Mr. Bowerman stated that the Planning Department staff know the site,
they know that it is not shown in the Comprehensive Plan for this type of use,
and they know that the site is not zoned for this particular use. He believes
that the PlanningDepartment has ~the particulars concerning the number of
people who would be employed, and the amount of square footage; he thinks a
million square feet are needed. He said the Planning Department tried to
direct this company to place its business where its requirements could be met;
He added that the company elected another spot. He wondered howthis request
can be accommodated-within the ComprehensivePlan and Zoning Ordinance.
Mr. Marshall commented that he thinks the company is asking if Albemarle
County is interested in having the company locate in Albemarle County~ if the
companycomplies with the type of industry that is wanted in Albemarle County.
Mr. St. John stated that he would like to discuss this request from a
legal standpoint. He thinks that there are two totally different things being
discussed. It is one thing to say that this County is interested inattract-
ing industry and maintaining the tax base and-job market, etc. It is another
thing to ask staff to make and report back to this Board a study of the
feasibility of a particular industry, even. if it is not by name, but by type
of industry, This hasnever been done before. He assumes that the feasibili-
tystudy would be from a land use control standpoint. Thisis the only
involvement that the County has because the County does not make feasibility
studies for any kind of development including an industrial develOpment. The
developer or entrepreneur has to do that for himself. He does not think it is
proper to have staff develop a feasibility report simply in reaction to a
request by some company wondering if Albemarle County is interested in the
company locating here. He does not see how the staff can make such a' report
on that basis without any application or statement about exactly what is going
to take place. To make a feasibility study, it would have: to know in detail
everything there is to-know about this company including waste disposal
perspectives and what is going to be produced inthe way of products.
Mr.. Martin remarked that instead of using the word, "feasibility,'! the
words, "fact finding"-could be used, Mr. St. John said the staff would need
facts as to exactly what products would be-brought into the County, what would
be manufactured, what kind of waste would be-produced and how it-would be
disposed of. He addedthat this is only one little facet of the feasibility
study~- He does not think, from what has been presented to the BOard, that
this study'can be done~ He.said that the Supervisors cannot ~say to company
representatives that something sounds good and it sounds feasible, when it is
not known what that companyis going to don In his judgment, this would be a
mistake.
Mr. Bowerman commented that in the Comprehensive Plan there is a state-
ment on an economic development policy for Albemarle County, and it is written
January 2, 1992 (Organizational Meeting)
(Page 12)
280
that, "the County will accommodate that growth and development which the
private sector proposes." He asked if Mr. Marshall is suggesting that this be
considered.
Mr. Marshall replied that this is exactly what he is suggesting. He is
suggesting that the Supervisors take a look at the Comprehensive Plan and take
a look at the economic situation in the world today and see if the Plan really
fits. He is not saying that changes have to be made. He is saying that the
public is going to demand it, and the needs of this community will have to be
considered. He commented that this plan may not be the plan that is desired,
but the word has to be put out that Albemarle County is not closed minded, and
that Albemarle County is~looking for something for this area and is willing to
do something for its people. Mr. St. John stated that the Supervisors can do
that without a feasibility study and without consideration of an anonymous
industry where the facts are not known.
Mr. Marshall remarked that it is impossible to dictate to-a company~here
it can locate. If somebody told him that he had to put his drug store in a
certain area, he would tell that person that he is a fool. He has the best
location in Charlottesville, and he would not movehis drug store. He went on
tosay that location is everything in a business, no matter whether the
business is a manufacturing or retail business. He said that if manufacturing
is concerned, there will have to be trucks in and out of the property, and
people will have to be close by.. The list is endless as to why it is desir~
abtetohave a business located in a certain area. No matter howmany indus-
trial parks are available, it may or may not-be possible to find someone
desirable to move in. It willhave to be decided whether or not the Supervi~
sors want some industry in Albemarle County.' It may be that some land will:
have to be rezoned'to satisfy the needs of a certain company. He went on to
say that Albemarle County will want the company to survive, too.
Mr. St. John reiterated that the Supervisors are discussing two different
things. He can understand the goal and objective here, but he is concerned
that, froma legal perspective, this procedure would be out of accordwiththe
procedures that' are set up in the Zoning Ordinance and Comprehensive Plan
amendment process. Hesaid that reconsideringthe policy that-Mr. Marshall is
talking about would befine, but--it would be bizarre in his mind to have:a'
factual or feasibility Studyto consider a' particular industry.when'that
industry hasn't filed any plan of what is.-intended,-and the company hasn't
asked for any reaction to their inquiry. '
Mr. Martin asked Mr. Tucker how best to accomplishMr. Marshall's objec-
tives. He also askedMr. Tucker. to keep in mind the whole situation with
various companies which might be considering locating in Albemarle County.
Mr. Tucker responded that he does not think that some of the timetables can be
met that have been mentioned tonight. He does not think that the applicant
can make an application and meet the County's procedures for a public'hearing
in a timely fashion~ He said, therefore, that the staff or Board would have
to, under its own authority, adopt a resolution or direct staff to look at the
feasibility'of amending-the Comprehensive Plan for that particular area. for
that industrial type use based on 'the information that has been-received. He~
saidthat~he used.the word, ',feasibility~" because.he does not necessarily
agreewith Mr. St. 3ohn's statements~ Headded that the County may not have
all of the information that there is to get, but-he believes that the staff
can make such a judgment, and come to this Board, and say whether or not the
plan is feasible. He said that the plan may not be feasible after the area
has been considered~ and it may~not even be suggested by the staff to the
Board that the ComprehensivePlan be amended. He added that until the staff
is directed to dothat, or. the applicant has requested that this be done,
nothing can be done~ He said that the staff cannot do it on its own.
Mr. St. John stated that he respects Mr~ Tucker~s judgmentwhen he says
that he disagreeswithhim, but he.does not understand this because if the
formal application and schedulecannot be met, that means there willbe a
short cut in the schedule by doing a feasibility study. He went on to say
that if, :hypothetically, it looks feasible~to amend the Comprehensive~Plan.
Two things have happenedhere. The Supervisors have not locked themselves
into approving the project, but they have found that it is feasible to approve
it. If the project is then not approved, the company has been misled, and the
Supervisors might be.arbitrary and capricious if it is denied because it has
been found that it is feasible~to do it. He told the Board to think of this
January 2, 1992 (Organizational Meeting)
(Page 13)
281
as a precedent. This is a situation where the company representatives have
not had the time to apply and go through the regular process, so out of the
need to have this business here, a feasibility study will be done because it
will take a lot less time. He asked if the applicants will have to go through
the whole process ~after the feasibility study is completed.
Mr. Tucker answered that the Board would then have to decide whether or
not it would consider an amendment to the Comprehensive Plan, and at that time
adopt a resolution of intent. Mr. St. John stated that this action would
establish a practice that an application is not necessary. He said that
because certain circumstances prevented the person from applying, then the
applicant will have to engage in the short cut, preliminary business of a
feasibility study so.~there will be a good idea of whether engineers, etc.,
need to be hired before going through the long process. He said that he
cannot follow the reasoning behind this, and the precedent that is being set
in this' situation bothers him~ ~
Mr. Tucker agreed-that a precedent could be set, but he went on to say-
that the Board has this authority. He recalled that the Board-has in the past
adopted resolutions of intent or asked the staff to. review certain amendments
to the Comprehensive Plan without having an application in hand. Mr. St. John
acknowledged that this has beendone. Hesaid that the same time frame hasto
be~considered as if an application had been made at that time. He said that a
staff report is done, and it takes as muchtime to processsomething on=the
basis of a Board-initiated Comprehensive Plan amendment as it does for a
private applicant. He reiterated that by the use of this feasibility study,
there is a short cut in the process.
Mr. Martin asked if it would be, illegal for the County to develop this
feasibility study. Mr. Bain replied'that it is not a question of whetheror
not the feasibilitystudy would be .illegal, but there is the question of
whether or not the Board wants to set a precedent.
Mr. Bowerman asked if an applicant could request the Board to consider.~
out of the normal sequence an amendment to the Comprehensive Plan dealing with
a certain area. He said that the applicant could provide the staff with
enough general information for a Comprehensive Plan change, which would show
traffic generation, number of employees, type of product produced, etc.,
without getting specific about the zoning or the applicant. He noted-that
Comprehensive Plan changes are done by areas, anyway, and are not site specif-
ic. Mr. St. John stated that an application for~ a Comprehensive Plan change
with a waiver of the time limits would not be a feasibility study.
Mr. Bowerman remarked that hehad t~ied to figure out a way that would
recognize that~the County does notwant to discourage anything that'might be
beneficial.to the County without opening theCounty up to-all sorts ofthings
before the Supervisors even'know what is being brought before them. He thinks
an applicant could make this request of the Supervisors, it could be evaluated
and a vote could be taken as to whether or not it. could be considered.
Mr. Marshall agreed with Mr. Bower~an, He does not see any sense in
changing any plans or procedures. He t~inks that an image needs to be-pro-~
jected to acompa~y that-if this is the!company that is~desirable for~ '
Albemarle County, then the County might be willing to take some short cuts.
He said that the Board is allowed to do that.
Mr. Bowerman stated that the issue is whether or not this Board would be
willing to entertain a change in the Comprehensive Plan out of the sequence
that has beenadopted, He addedthat somebody needs to providethe Supervi-
sors with enough information about that change so that a decision can be made.
He went on to say thatthe Supervisors cannot do it now, because they do not
know what is being proposed. He said t~e problem is that no one has come
forward with this information in public to this whole Board. He believes-that
the company hasthe opportunity to.take this to the next step bymaking a
request to this Board, and then this Bomrd would either approve or reject the
request.
Mr. Marshall said'that this is the situation for which he had hoped.
Mrs. Humphris~pointed out that the company has had this opportunity all along.
Mr..Bowerman agreed. Mr~ Marshall stated.that the company had the opportuni-
ty, but the perception has been that this Board would not be receptive tolthe
January 2, 1992 (Organizational Meeting)
(Page 14)
282
company's request. Mrs. Humphris asked who had told the company representa-
tives that this Board would not be receptive to such a request. Mr. Marshall
said that this was written in the paper. Mrs. Humphris replied that this is
not a fact, and if the company representatives want facts, then they should
come to the proper people and ask.
Mr. Martin said that it is fact that these six Supervisors are not the
same as the six Supervisors who were on the Board last week. Mrs. Humphris
responded that if the company representatives had come to the six Supervisors
who were on the Board last week, she does not believe that the answer would
have been any different. She said that the fact is that the company represen-
tatives have not come to this Board.
Mr~ Bowerman said the company representatives can address the Supervisors
under the item "Other Matters from the Public," at the beginning of each
meeting, ifthey wantthis Board's consideration~ -
Mr~ Marshall-remarked that he thinks this company and the people and
business community of.Albemarle County want to know the feeling of thisBoard
relative to having industry come to the County at all.
Mr. Bain reminded Mr. Marshall that the two of them have already dis-
cussed some of this. Mr. Bain said that there is plenty of land in Albemarle
County that is zoned for commercial use and industrial use, but there are no
applications. He said that there is no evidence that anybody ismaking any
effort to do anything with what is there. He said that this Boardhears
rumors secondhand, but there are no facts. He added that to say that this
Board is negative about development is not right. He went on to say that the
Supervisors spent a lot of time formulating on the Comprehensive Plan. Alot~
off,time was spent'on a big tract of land on Route 250 East trying to work out
what'would~-be good for~the community .and the property owner. This was taken
very seriously by the Supervisors, and nothing was cut out. He noted that the
Supervisors encouraged-development on that tract of land, but there have been
noapplications relating to that tract of land. He said thatwhenpeoplesay
that this Boardis anti-business and anti-growth, it is not factual.
Mrs. Humphris commented that she has read in published editorials about
specific examples thatwere given by writers whodidn't know what they were
talking about. Shesaid that it has been~written that the County let opportu-
nities goto other, counties. She stated that if anyone asked the County
Executive, he or she will find that'there is not one iota of fact or truth in
these allegations. Some of the people mentioned in the editorials never came
before any board of supervisors in Albemarle County. Shesaid that the one
company that did come before the Supervisors was going to have a by-product
that was toxic to water and shouldnot have been~in the County. She went on
tosay that there are things published that areabsolutely factually incorr
rect. She stated that just because people say that something is so doesnot
mean that it is so. Shementioned one particular-editorial in one publication
that made allegations about this Board andits attitude of negativity toward
business and induStry coming to Albemarle County with specific examples. She
said that everything in the editorial was totally untrue.
Mr. Marshall responded that he is giving the Supervisors this opportunity
to make a statement to the. public. Mrs. Humphris replied that it is not as
simple as that because just recently this Board has requested from staff a
report'about the effects of growth on this Community. She'said that there
have been mixed messages from different segments of the community andthe
country about exactly what the effects of growth on a community such as this
onewould Concern. She added that this Board.has asked that a study be done
so that the facts will be known before anything major is done about changing
the policy.
Mr. Marshall stated that Mrs. Humphris hadjust~aid that there wasn't a
policy, but now she is talking about changing a policY. Mrs. Humphris re-
sponded that there is a policy in the Comprehensive Plan that the County of
Albemarle neither encourages nor discourages business or industry, but accom-
modates it. She said that, in other words, Albemarle County does not go out
searching and recruiting, but does whatever is needed to provide~the services
for business and~industry when it comes. Shestated again that therehave
been.mixed~messages given recently by studies which 'show different things
about the effectsof growth on a community, and Albemarle County is in-the
January 2, 1992 (Organizational Meeting)
(Page 15)
283
process of starting a study to show what the effects truly are. She commented
that what Mr. Marshall is asking for is totally valid except that the report
needs to be given to the Board before the policy is changed, because that is
the reason for the study.
At this time, motiom was offered by Mr. Martin to direct the County
Executive to take the information concerning the company that he currently has
and at least look into the feasibility of the options and possibilities for a
Comprehensive Plan change, if it is necessary.
Mr. Marshall stated that he would secomd the motion. He said that after
listening to Mr. St. John, he is uncertain if this action would be legal. Mr.
St. John asked ifMr~ Martin-'s motion intends to get the Comprehensive Plan
Changed to accommodate this particular industry.
~ Mr. Martin answered, '!no." He is asking staff to look~into the possibit~
ities, given the information that is available. Mr~ St. John wondered if~Mr.
Martin is referring to the information that has been furnished the staff
concerning this particular industry.
Mr. Bowerman said~.if someone wants to make-a proposal to this Board, then
this Board can make a decision on the proposal.~ He does not see how a feasi
bility study can be done based on innuendoes ~and. newspaper articles rather
than from a specific person making a specific request to this Board. He does
not know any other way that this Board can handle the matter. He said that a
motion could be entertained next week. .-~
Mr. Martin remarked that obviously the other Supervisors have much more
experience and wisdom concerning this matter than he has, but Mr. Tucker has
said that something can be done with the information that has already been
given to the staff.
Mr. Bowerman commented that the Planning staff has already told the
company representatives that the location chosen by the company is not shown
in the Comprehensive Plan for that use and that the location is not zoned for
that use. He said that this is not the response that. the representatives
wanted'to hear, because-~there is a process'that has to he followed.~ He'stated
that the representatives wanted the Supervisors to say that it does notmake
any .difference what the Comprehensive Plan says or how the property is zoned,
but instead the County will accommodate whatever the company wants to propose.
Mr. Marshall stated that he thinks the company representatives want to
know if Albemarle County is interested in having a good clean industry locate
inthis community. He wondered if:the County indicates that it is willing to
have this industry located here, then will the County be willing to make some
changes.
Mr. Bowerman replied that if what Mr. Marshall is saying is true, then
someone needs to'come to this Board and ask that question. Mr. Tucker stated
that he is hearing that some of the Boardmembers would like to have the
applicant or the owner of the property request something specifically of the
Board and give the Board as-much information as possible.
Mr. Marshallagreed that this is what he would like to happen, Mr.
Tucker commented that he believes-the staff has as much information as the
company will give to the Supervisors. He said that if someone comes to this
Board, at least the request canbe-formaily made,
Mrs. Humphris stated that this is what. the process needs to be. She~said
that whoever is involved with the company needs to come before the Supervisors
and a request needs to be presented.
Mr. Bowerman told~Mr. Martin that hethinks'~the~County'has a mechanism to
handle thismatter. Mr. Bowerman asked Mr. Marshall if he did, in fact,
second the motion. Mr. Marshall replied that heseconded themotion, provided
the motion is legal. Mr. St., John~stated that he had expressed some views
from the legal perspective, but he does not want what he said to cause the
Supervisors not to use their independent judgment. He added that what he says
is advice, and it is not always correct, and the Supervisors are free to take
ir'for what it's worth. He is not saying that it is illegal to do this, or
January Z, 1992 (Organizational Meeting)
(Page 16)
284
that the law will be violated. He reiterated that this is just his advice
based on his legal judgment, but the Supervisors are still free to use their
common sense judgment.
Mr. Marshall said if this is the type of industry that is suitable for
this County and will provide the jobs for the people who live in this County
and will help provide an additional economic base to what is already here,
then everything needs to be done that is possible to accommodate this plant's
location in Albemarle County. He said that this will entail instructing the
Planning Commission to do certain things, but he is not sure what things need
to be done. He said that he is not an attorney, and he cannot put into words
something that will satisfy everyone.
Mr, Bowerman pointed out that the motion is whether or not an opinion can
be given by the staff to the Board as to whether a specific site is suitable
for a Comprehensive Plan change, based on the information that has been given
to thestaff, but.which the Board does not have in hand. He asked if-anyone
is,going to second the motion. Mr. Marshall seconded the motion again.
Mr. Bain stated, that he cannot support the'motion, but by his failure to
support the motion, he does not-want to hamper anything that can benefit the
community~ He said that there are a lot of things' that need to be known about
the wholeprocess'before the Supervisors can approve or disapprove the plan.
He added that he does not have a problem with it from that perspective. He
went on to say that before the Board has some information, he'is not willing
to make astatement as to whether or. not he favors the company's location~
Mrs. Humphris commented that she cannot support the motion for the same
reasons that Mr. Bain mentioned~. She said~that this Boardknows nothing,:and
to request a feasibility study'by the staff at. this point when they already~
know everything that. they. are going to know, is unrealistic. She added that
the applicant or representative' of the applicant can come to this Boardand.-
indicate what is needed. She said that this Board .can be welcoming to them
and will want to be welcoming to them, but it cannot be done with no informa-
tion provided.
Mr. Perkins remarked that he does not see a.need for a feasibility study
becausethe mechanism,is there to address the situation, such as rezoning'and
the amendmentsto the Comprehensive Plan. He is unsure if the Board can speed
up theprocess, but he noted that it has been done before. Hestated that-the
property needs to be considered as far aswhether or not the site is suited
for this particular industry, because some of it might be swamplands or
wetlands. He'said that a lot of dirt would have to'be moved to accommodate a
million square feet, and there will probably~'be a parking lot constructed,
too.. He mentioned that the cost might be so prohibitive that it can't be
done. -He thinks'that the attitude of this Board and the attitude of the
County is what is being discussed tonight as to whether or not. the Board and
the County will be receptive to the industry. He added that whether the
information is rightor wrong, there is a feeling in the community that the
County could have gotten a certain plant, and it would have been a nice, clean
industry, but the company was turned off, so it went across the mountain. He
said that this is what the people have told him time and time again. He
wonders if the County is at the point of keeping the barriers up, and if it is
the attitude of the planning staff to do everything possible to block people-
from coming into the community, or if the barriers will be lowered with the'
idea that Albmmmrle County is now open and :ready to do business with the-
people who are trying to relocate companies,
Mr. Martin stated that this matter appears to be so-complicated, and it
seemed so simple to him. He said that his motionsimply requests staff to
bring information to this Board knowing that there are a lot of things that
have to besorted through, and he knows that a lot of information,has to be
obtained before approving a Comprehensive Plan. change.. He is asking, in his
motion, to start answering some of those questions now, as opposed to later.
Mr. Marshall agreed that this would put the County "ahead of the game,"
if this company isreally something that the Countywoutd like to have.
Mr. Perkins commented that he has a problem with how the sixmembers of
this Board are kept informed about what is going on in Albemarle CountY. He
said that there are things that happen in his own district that he does~not
January 2, 1992 (Organizational Meeting)
(Page 17)
285
know about, and he has asked the Planning people to let him know when somebody
requests a rezoning, etc. He added that he would like to know about these
things, and he thinks that he should be one of the first people to know about
them. He said that sometimes he does not know anything about a certain
situation until he sees the information in his packet. He said that the staff
should not know any more about this new company than the Supervisors. He
added that when the staff finds out the information, it should be given to
this Board as quickly as possible. He said that the only thing that can
happen is that it might create some communication problems. Mrs. Humphris
agreed with Mr. Perkins' comments.
At this time, Mr. Bain moved to call the question on the previous motion.
Mrs,. Humphris seconded the motion.
Roll was called, and the motion carried by the following recorded vote:
AYES: Mr. Bain, Mr. Bowerman, Mrs~ Humphris, Messrs. Marshall, Martin and
Perkins.
NAYS: None.
Mr. Bowerman said that the Board would immediately go to:a~roll, call.vote
on the previous question.
Roll was called, and the motion failed with the following recorded vote:
AYES: Mr. Marshall and Mr. Martin.
NAYS,: Mr. Bain~Mr;-:Bowerman, Mrs. Humphris and Mr. Perkins.
Mr. Bowerman stated that he wants to make it very clear that he is in-no
way discouraging anyonefrommaking whatever application or proposal heor she
wants to make to this Board of Supervisors or to the County Planning staff
regarding any. industry or any development for this community. He thinks that
in order to evaluate proposals, however, the Board has to have information.
Mrs. Humphrisremarked that it is time to deal with the misinformation
that is apparently in the community that this Board has been negative toward
new business and industry coming to the County. She said that it simply is
not true. She heard someone say that the County's staff had been directed to
discourage people who came in with new plans. She added that she would be
absolutely outraged if she ever.~thought that anything like this had happened.
She said that this~has~never, happened, andthisBoard is open and interested
in any and every proposal that anybody wants to bring through the channels
that are established for such things. She noted that these channels, in the
past, have served the County well, and in the past when the County has deviat-
ed from its methodof operating, there has been trouble.
Mr. Bowerman stated that it is his opinion that the Chairman ofthe Board
of Supervisors is just an equal among five other equals. He said that all of
the Supervisors have the same authority and the same power. He added that
what the Supervisors have bestowedupon him is the honor or. representing this
Board before the-public~.and for conducting the meetings and,someofficial
functionsand for setting the agenda. Hethinks that his personal agendais
to follow the agenda ofthe Board in'all matters as the year progresses and
use'whatever office the Chairman has to follow up on decisions made'by this
Board with staff and with the Board, so that the decisions that are madeand
the policies that are set are carried out.
Mrs. Humphris thanked Mr. Bowerman and congratulated him on being elected
Chairman of the Board of Supervisors.
Mr. Marshall expressed his concerns about how the Board just voted and
why. He said that he was not sure what the vote was all about, and he does'
not think that he got his message across to the Supervisors. He Said that he
would attempt to get his message across, again. He added that he is a busi-
nessman, and he'has been a businessman inthis community for thirty-three
years. Hethinks that he'knows a little about what the business community is
looking for and what it wants. He stated thathe also deals with~hundreds-.of
people on a daily basis. He said that Mr. Martin had a very simple idea, and
there should bea simple answer~to it. Mr. Marshall went on to say that
January 2, 1992 (Organizational Meeting)
(Page 18)
286
consideration of the Zoning Ordinance, as well as a lot of other red tape that
businessmen have to go through to get anything done in this community is why
this Board'is perceived as not wanting any growth or businesses to come here.
He said that the Supervisors have to find a way to break through some of this
red tape in order to get a decent plan in this community that will be benefi-
cial to everybody. He does not want to destroy this County anymore than the
other Supervisors do. He pointed out that his family goes back many genera-
tions in this County, and he wants what the people want for this County. He
said that the people in the County want economical stability and jobs, and the
Supervisors are going to have to help them get the jobs. He does not know
what method will have to be employed to break down some of this red tape that
is involved, but he is going to sit here and fight until he gets it done.
Agenda Item No. 12. Adjourn. At 5:39 p.m., motion was offered by Mrs.
Humphris, seconded by Mr. Bain, for the Bomrd of Supervisors'to. adjourn~until
4:00 p~m. on January 8, 1992, in Meeting Room' 11~ ~
Roll was called, and the motion carried by the following recordedvote:
AYES: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and
Perkins.
NAYS: None.
v w- · Chamrman