1973-09-26A An adjourned meeting of the Board of Supervisors of Albemarle County,
Virginia was held on September 26, 1973 at 7:00 P.M. in the Albemarle County
Courthouse, Charlottesville, Virginia, said meeting being adjourned from
September 20, 1973.
Present: Messrs. Stuart F. Carwile, Gerald E. Fisher, J.T. Henley, Jr.,
William C. Thacker, Jr., and Lloyd F. Wood, Jr.
Absent: Mr. Gordon L. Wheeler.
Officer Present: County_Attorney.
In the absence of the Chairman, Mr. Thacker assumed his duties.
Mr. Junius R. Fishburne was present to state that he represented the
petitioners for Charlottesville Shopping World and he had begun this representa-
tion after the August 23 meeting. At that time Mr. Rubin was asked if he would
prefer to have the decision on this matter deferred and he replied yes, however,
it seemed as though the Chairman did not hear him and a decision was made.
Mr. Fishburne said he had listened to the tape and it seemed as though there was
considerable confusion at the time the decision was made. He felt there was
sufficient evidence .submitted to make a sensible engineering decision and he
felt the Board did make an engineering decision when they denied the developer
access to a state highway. For these reasons he asked that the Board allow
him to submit evidence of traffic engineers to show that this is a matter of
public safety that transcends the wishes of a segment of people who use
Dominion Drive.
Mr. Fisher said in chairing that meeting he gave Mr. Rubin a special in-
vitation to present any information that he or his experts had on the matter
and it was his feeling that they gave all the information that they wished to
give. It was also his impression that Mr. Rubin did say he wished to have a
decision made on that night. This was also the wish of the Board and a vote was
duly taken and he felt that the Board members did know--what they were voting.
Mr. Wood said that he knew what he was voting on at the time. He said
there was a man, a traffic expert, speaking that night and he weighed all
statements in his mind and unless there was something completely new to be pre-
sented he did not feel the matter should be reopened.
Mr. Carwile said he knew what he was voting on at the time also. He felt
that if the Board asked the Highway Department whether in the interest of safety
this entrance should be allowed, they would require that there be an access onto
Dominion Drive to allow people coming from the Berkeley and Four Seasons area to
enter onto Dominion Drive without crossing Rt. 29 twice. He felt the Board
should allow Charlottesville Shopping World to present any information they had.
He said he enjoyed pine trees and as pleasant as the entrance was into Berkeley
it was of greater concern to him in the interest of safety to have an entrance
from Dominion Drive. He felt that in the future the Board would see that not
allowing this entrance is a grave mistake.
9-26-73
Mr. Henley said his decision was not based on the engineering principles
that have been mentioned and he could see~no reason to reconsider.
Mr. Carwile said he felt that everyone had differences on some subjects
and he therefore moved to reconsider Charlottesville Shopping World site plan
approval. Mr. Thacker t~hen asked if he could step aside as Chairman on this
matter and have the Board select another Chairman. Mr. Carwile suggested Mr.
Henley serve as temporary Chairman. Mr. Thacker then gave second the Mr.
Carwile's motion. Vote was taken at this point and the vote was as follows:
AYES: Messrs. Carwile and Thacker.
NAYS: Messrs. Fisher, Henley and Wood.
ABSENT: Mr. Wheeler.
Mr. Henley stated that the request had been denied.
Upon proper motion, the meeting was adjourned at 7:15 P.M.
Chairman