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