1999-08-18August 18, 1999 (Regular Night Meeting)
(Page 1)
A regular meeting of the Board of Supervisors was held on August 18, 1999, at 7:00 p.m., Room
241, County Office Building, Mclntire Road, Charlottesville, Virginia.
PRESENT: Ms. Charlotte Y. Humphris; Mr. Forrest R. Marshall, Jr.; Mr. Charles S. Martin;
Mr. Walter F. Perkins, and Ms. Sally H. Thomas.
ABSENT: Mr. David P. Bowerman.
QFFICERS PRESENT: County Executive, Mr. Robert W. Tucker, Jr.; Deputy County Attorney,
Mr. Mark Trank; and County Planner, Mr. V. Wayne Cilimberg.
Agenda Item No. 1. The meeting was called to order at 7:00 p.m., by the Chairman, Mr. Martin.
Agenda Item No. 2. Pledge of Allegiance.
Agenda Item No. 3. Moment of Silence.
Agenda Item No. 4. Other Matters not Listed on the Agenda from the Public.
Mr. Cary R. Branch, Jr., a Charlottesville resident, provided the Board a copy of
Mr. Lawrence A. Brunton's resume, and said the Board and the City Council have not properly recognized
Mr. Brunton's contributions to the community. He asked that the Board and the City consider jointly
naming the Meadow Creek Parkway after Mr. Brunton as an acknowledgement of his service to the
community. Mr. Marshall said he knows Mr. Brunton well, through scouting and business contacts.
Mr. Bob Stroh distributed "First Night" tee-shirts to the Board in appreciation of the Board's
support of First Night Virginia. He has nearly completed plans for this year's celebration. He reminded
the Board that they have been invited to get their hands "casted" to be included in a statue that will be part
of a millennium display. He then offered to set up a casting meeting at the County Office Building, with
Ms. Lee Catlin's assistance.
Agenda Item No. 5. Consent Agenda.
Ms. Humphris offered the motion, seconded by Ms. Thomas, to approve items 5.1 through 5.2,
with revisions to item 5.2 as noted below, and to accept the remaining items for information. Roll was
called and the motion passed by the following recorded vote:
AYES
NAYS:
ABSENT:
Ms. Humphris, Mr. Marshall, Mr. Martin, and Mr. Perkins, and Ms. Thomas.
None.
Mr. Bowerman.
Item No. 5.1. Appropriation: Education, $1,995.19 (Form #99010).
The executive summary states that, at its meeting on July 12, 1999, the School Board approved
the following appropriations:
Appropriation of $100 for Western Albemarle High School. Western Albemarle High
School received a donation in the amount of $100.00 from Ms. Linda Girvin. This
donation is to be used to offset the cost of new band uniforms.
Appropriation of $1,000 for Yancey Elementary School. Yancey Elementary School
received a donation in the amount of $1,000 from the B.F. Yancey PTA. This donation is
to be used to pay the salary of a school nurse for the 1999 Summer School Program.
Appropriation of $795.19 for Murray Elementary School. Murray Elementary School
received donations in the amount of $795.19. Foundation advisors donated $500,
Mr. and Mrs. Brian Wheeler donated $250, and Mr. and Mrs. Stephen Thornton donated
$45.19. These donations will be used for miscellaneous supplies, instructional supplies,
and data processing supplies.
Staff recommends approval of the appropriation in the amount of $1,995.19, as detailed on form
#99010.
By the above shown vote, the Board adopted the following Resolution of Appropriation:
APPROPRIATION REQUEST
FISCAL YEAR: 99/00
NUMBER: 99010
August 18, 1999 (Regular Night Meetingi
(Page 2)
FUND: SCHOOL
PURPOSE OF APPROPRIATION: DONATIONS TO WESTERN ALBEMARLE, YANCEY ELEMENTARY AND
MURRAY ELEMENTARY.
EXPENDITURE
CODE
1 2302 61101 601300
1 3310 61120 133100
1 3310 61120 210000
1 2215 61411 580000
1 2215 61411 601300
1 2215 61411 601600
DESCRIPTION
INSTRUCTIONAL SUPPLIES
PART-TIME WAGES-NURSE
FICA
MISC. EXPENSE
INST/REC SUPPLIES
DATA PROCESSING SUPPLIES
AMOUNT
$ 200.00
923.50
76.50
250.00
250.00
295.19
TOTAL
$1,995.19
REVENUE
CODE DESCRIPTION AMOUNT
2 2000 18100 181109 DONATION $ 200.00
2 3310 18000 189900 DONATION 1,000.00
2 2000 18100 181109 DONATION 795.19
TOTAL
$1,995.19
Item No. 5.2. Statement to Governor's Commission on Transportation Policy.
Ms. Thomas provided a new statement (which follows), which included some changes to the one
that had originally been forwarded to the other Board members.
By the above shown vote, the Board approved the following statement to be provided to
the Governor's Commission on Transportation POlicy:
To the Governor's Commission on Transportation Policy
Understanding that the Commission has been charged with thinking innovatively,
Albemarle County would like to make a suggestion for innovation.
First, a short background. When the General Assembly placed a long-standing
moratorium on annexation, it inadvertently changed the way that Virginia's urban
areas develop. The theory of urban development in Virginia always had been
that urban areas would be within the boundaries of cities, and cities were given a
method of road-planning and road-building to deal with urban issues. Without
annexation (which we are NOT endorsing!) counties are now having to deal with
urban road-planning and road-building issues they are not empowered to handle.
In Albemarle we have several roads in our plans that may never get built because
they are outside the usual concept of primary roads and they are larger than
envisioned by secondary road budgets. These roads are crucial for the creation
of a network of streets so that we are not left with only a few arterial roads, which
then become over-utilized and quickly become clogged. They are also necessary
if we are to create a useable network of public transportation any time in the
future. They include roads parallel to Route 29 North, roads that cross east-west
between our major southern arterials so that all traffic doesn't have to come into
Charlottesville to go from one southern neighborhood to another, and a connector
road to allow Crozet to hold together as a community -- just to give some
examples.
Virginia's secondary road system did not take into account this urban
development in counties. Virginia either needs to create an entirely new category
of "growth-area connectors", or it needs to change the secondary road category
to accommodate the need for such roads.
Concurrently, we find that the secondary road standards make it difficult to create
subdivisions that are walkable and livable neighborhoods. Requiring what seem
to be aircraft-carrier-size roads into neighborhoods diminishes livability, increases
housing costs, and increases long-term maintenance costs for VDOT. Virginia
needs to look at its secondary road standards for both major network roads and
for smaller roads in neighborhoods.
Mr. Perkins said it is time for VDOT to reexamine the Pave in Place program, and asked whether
that should be included in the statement. Ms. Thomas said the legislative liaison for Loudoun County said
August 18, 1999 (Regular Night Meeting)
(Page 3)
VDOT is experimenting with a new substance to put on unpaved roads, which improves their condition.
Mr. Martin suggested the Board send the statement as presented, and address the Pave in Place program
as a separate item later. Mr. Tucker suggested staff discuss new surface material with Ms. Angela Tucker
to see if it will eliminate Mr. Perkins' concerns.
Item No. 5.3. Copies of Planning Commission minutes for July 27and August 3, 1999, were
received for information.
Agenda Item No. 6. SP 99-33. N.G.I.C. Access Road (Sign #38). Public hearing on a proposal
to fill in the flood plain of Herring Branch in association with road construction providing access to the
proposed National Ground Intelligence Center (N.G.I.C.). Located on E sd of Rt 29 N, approx 1/2 mi N of
the N Fork Rivanna River. TM 32, P 5C1, consists of 28.9 acs. Znd LI. (This property is recommended
for Industrial Service in the Piney Mountain Community.) Rivanna Dist. (Advertised in The Daily Progress
on August 2 and 9, 1999.) '
Mr. Cilimberg summarized the staff's report, which is on file in the Clerk's office and a permanent
part of the record. Staff recommended approval of the proposed special use permit with seven
conditions. At its meeting on August 3, 1999, the Planning Commission unanimously recommended
approval of the request with the same seven conditions.
Ms. Thomas asked whether condition ~ is adequate to ensure that mitigation actually takes
place. Mr. Cilimberg said if the plan was approved with conditions, if a condition is not met during the
inspection by the Engineering Department, it will be treated as a zoning violation. Mr. Trank said the
County Attorney would be advised if such a violation occurred.
Mr. W. Thomas Muncastner, engineer for the project, was present, but did not address the Board.
Mr. Martin opened the public hearing. With no one rising to speak, Mr. Martin closed the public
hearing.
Ms. Humphris offered the motion, seconded by Mr. Perkins, to approve SP-99-33 with the seven
conditions as recommended by the Planning Commission. Roll was called and the motion passed by the
following recorded vote:
AYES
NAYS:
ABSENT:
Ms. Humphris, Mr. Marshall, Mr. Martin, and Mr. Perkins, and Ms. Thomas.
None.
Mr. Bowerman.
Conditions are as follow:
Engineering Department and VDOT approval of final grading plans and culvert and road
plans and computations. (This will include testing and verification of the structural
adequacy of the existing culvert.);
Engineering Department receipt of copies of required permits from state and federal
agencies for activities in the stream and floodplain;
Floodplain computations and plans demonstrating no increase in the 100 year flood levels
as required by Section 30.3 of the Zoning Ordinance;
Engineering Department approval of mitigation plans for disturbance of the stream buffer;
Engineering Department approval of an Erosion and Sediment Control Plan;
Water quality measures and mitigation methods shall be provided subject to the approval
of the Water Resources Manager; and
The Architectural Review Board shall provide vegetative mitigation methods subject to
approval.
Agenda Item No. 7. SP-99-36. Foxfield-CV202 (Sign #95). Public hearing on a request to allow
telecom fac in accord w/Sec 10.2.2.6 of the Zoning Ord which allows for radiowave transmission towers.
Loc on Free Union Rd (Rt 601) approx 0.6 mi N of Garth Rd (Rts 601/676]. TM 43, P 30N, contains 120
acs. Znd RA. (This property is not located in a designated growth area.) Jack Jouett Dist. (Advertised in
The Daily Progress on August 2 and 9, 1999.)
Mr. Cilimberg summarized the staff's report, which is on file in the Clerk's office and a permanent
part of the record. Staff recommended approval of the proposed special use permit with ten conditions.
At its meeting on July 27, 1999, the Planning Commission unanimously recommended approval of the
request with the same ten conditions.
Ms. Humphris noted that the Agricultural/Forestal (A/F) Advisory Committee did not review the
She said it is important that the request go through the A/F Advisory Committee review process
since it will provide valuable experience when more applications in A/F districts come forward. People
August 18, 1999 (Regular Night Meeting)
(Page 4)
who are being asked to put land in A/F districts expect their land to be protected. The Federal
Communications Act of 1996 states that the County cannot provide the protection it would like.
Mr. Cilimberg said not sending the application to the A/F Advisory Committee was an oversight on the part
of Planning staff. Mr. Perkins said the application should be deferred until it is reviewed on its own merits
by the A/F Advisory Committee.
Mr. Dick Shearer, site acquisition and construction manager for CFW, said his company would
yield to the Board's decision.
Ms. Thomas asked what type of tower is proposed. Mr. Shearer said it would be a wooden bowl
with panel antennas flush mounted on the bowl.
Mr. Peter Easter, owner of the property, said he does not want to damage the neighborhood. The
site is located on a parcel of 38 wooded acres. It is impossible to see the tower from Free Union Road,
and it is hard to see it from Garth Road. He said the tower will help provide better telecommunications
service to CFW customers, and he noted that only one neighbor objects to the installation of the tower.
Mr. Martin opened the public hearing.
Ms. Louise McConnell said she and her children own property adjacent to the site. She
understands that the Board must yield to FCC rulings, but someone needs to take care of the
environment. She asked why the tower was proposed for this site since the Piedmont Environment
Council said this is an avoidance area. She asked if the tower would decrease property values and set a
precedent for additional towers. She wondered why the tower is not being placed near existing power
lines. She concluded that she had considered eventually placing her land in a permanent easement, but
now she is not so sure.
Ms. Beverly Kingsley read a written statement from Mr. H. McDaniel Ball, in his absence.
Mr. Ball wrote that, as a neighbor, he is concerned that the A/F Advisory Committee did not review the
application. The site is located in an avoidance area. He asked how emissions would be monitored if the
tower is approved, and what would prevent more towers from being established in the area.
Mr. Irving Jones asked who has authority over tower decisions. He has heard that some cases
have been challenged in courts. If there are Federal laws in place, and companies in need, he asked who
has the authority to say where towers can be located. He asked whether there is any history available
regarding tower sites after they are installed, and whether they are prone to being developed with
additional towers. He asked whether the distance from a tower to dwellings is a consideration, and
whether this might affect future development.
With no one else rising to speak, Mr. Martin closed the public hearing.
Ms. Humphris said the County was recently sued after denying a tower application. The County
lost the suit, but has appealed the decision. Localities have a large degree of ability to regulate land use,
but that right is being eroded by state and federal government. As for expansion of additional towers on
the same site, this particular tower is not designed for co-location. As for future development, that is a
rural area with development rights, but there are no subdivision rights. Homeowners have the right to
decide whether to build a home near a tower. Mr. Martin suggested Mr. Jones contact Ms. Humphris with
further questions.
Mr. Martin noted that the applicant has requested a smaller tower, which the Board has
encouraged over the tall ones located in some other locations.
Ms. Humphris offered the motion, seconded by Mr. Perkins, to defer SP-99-36 until it is reviewed
by the Agricultural/Forestal Advisory Committee, to make a recommendation to the Board. Roll was called
and the motion passed by the following recorded vote:
AYES
NAYS:
ABSENT:
Ms. Humphris, Mr. Marshall, Mr. Martin, and Mr. Perkins, and Ms. Thomas.
None.
Mr. Bowerman.
Mr. Perkins said this is the first tower that is not located on a primary road. Although there may be
a need for such locations, he is concerned about setting a precedent. Mr. Cilimberg said all tower
requests have been located near primary roads.
Ms. Humphris noted that this location is listed as being in an avoidance area, according to a draft
of a telecommunications report from Kreines and Kreines, the consultants hired by the County. She asked
for the status of the report, and whether the A/F Advisory Committee could have access to it. Mr.
Cilimberg said the Planning Commission held a work session recently, and the consultant is completing its
final draft report. He thought the Board and the Planning Commission had received a draft, but will follow
up and provide copies. Ms. Humphris asked him to also forward the report to the A/F Advisory
Committee.
August 18, 1999 (Regular Night Meeting)
(Page 5)
Agenda Item No. 8. SP-99-37. East Glenmore-CV226 (Signs #71&72). Public hearing on a
request to allow telecom fac in accord w/Sec 10.2.2.6 of the Zoning Ord which allows for radiowave
transmission towers. Loc on Richmond Rd (Rt 250) approx 0.3 mis W of Louisa Rd (Rt 22). TM 79, P 16
contains 13.5 acs. Znd RA & EC. (This property is not located in a designated growth area.) Rivanna
Dist. (Advertised in The Daily Progress on August 2 and 9, 1999.)
Mr. Cilimberg summarized the staff's report, which is on file in the Clerk's office and a permanent
part of the record. Staff recommended approval of the proposed special use permit with ten conditions.
At its meeting on July 13, 1999, the Planning Commission unanimously recommended approval of the
request with the same ten conditions.
Ms. Thomas asked if there are trees located behind the site, saying that it is important that towers
have trees behind them so that they do not show on the skyline. Mr. Cilimberg did not know if trees would
shield the view from all angles from 1-64, since the tower will be ten feet above the treeline.
Mr. Dick Shearer, the applicant, distributed photos of the site, as well as propagation maps. He
said the tower will not be visible from 1-64 or Route 250, due to the deciduous tree lines and the site's
position between the two roads. Mr. Martin asked what was the service target area. Mr. Shearer said the
tower will cover areas of 1-64 and Route 250 that currently have limited coverage.
Mr. Martin opened the public hearing. With no one rising to speak, Mr. Martin closed the public
hearing.
Ms. Humphris asked about the color of the tower located at the car wash on Route 250 East. She
had previously reported that the pole was still white in color. Mr. Cilimberg said he would follow up on this
item. The Architectural Review Board (ARB) had placed conditions on towers in entrance corridors, and
suggested not adding special use conditions since they might limit the ARB's conditions. Ms. Humphris
said someone mentioned that the applicant did not want to paint the towers until everything was in place.
Mr. Cilimberg said the ARB conditions are a compliance requirement; if the applicant has not met the
conditions, staff can look into the matter. Ms. Thomas said color and shininess are important. She added
that she did not think "flush mounted" towers really look flush mounted.
Mr. Shearer said flush mounted antennas are those that mount on a two-inch pipe attached directly to a
pole. Antennas are mounted so that they can be moved around. Mr. Shearer said his company does not
like to paint the poles until they are sure the system is operational and the panel is working well, so as not
to void their warranty.
Mr. Marshall offered the motion, seconded by Mr. Perkins, to approve SP-99-37 with the ten
conditions as recommended by the Planning Commission. Roll was called and the motion passed by the
following recorded vote:
AYES
NAYS:
ABSENT:
Ms. Humphris, Mr. Marshall, Mr. Martin, and Mr. Perkins, and Ms. Thomas.
None.
Mr. Bowerman.
Conditions are as follow:
The height of the tower shall not exceed seven (7) feet above the elevation of the tallest
tree within twenty-five (25) feet of the tower. The applicant shall provide a certified
statement on the height of the tallest tree. Antenna may extend an additional three (3)
feet above the height of the tower;
The tower shall be designed, constructed and maintained as follows:
a. The tower shall be of wood;
b. Guy wires shall not be permitted;
c. The tower shall have no lighting;
d. The tower shall not be painted and shall be natural wood color;
The tower shall be located on the site as follows:
a. The tower shall be located as shown on the attached plan entitled "CFW Wireless
Survey of a lease parcel and Ingress/Egress Easement" initialed WDF 6/30/99;
Antennas may be attached to the tower only as follows:
a. Antenna shall be limited to three (3) flush mounted panel antenna;
b. Satellite and microwave dish antennas prohibited;
The tower shall be used, or have the potential to be used, for the collocation of other
wireless telecommunications providers, as follows:
a. The permittee shall allow other wireless telecommunications providers to locate
or utilize antennas on the tower and equipment on the site, subject to these
conditions:
(1) Prior to approval of a final site plan for the site or the waiver of the site
plan requirement, the permittee shall execute a letter of intent stating that
it will make a good faith effort to allow such location and will negotiate in
good faith with such other provider requesting locate on the tower or the
August 18, 1999 (Regular Night Meeting)
(Page 6)
(2)
site; and
The permittee shall provide to the County, upon request, verifiable
evidence that it has made a good faith effort to allow such location.
Verifiable evidence of a good faith effort includes, but is not limited to,
evidence that the permittee has offered to allow other providers to locate
on the tower and site in exchange for reciprocal rights on a tower and site
owned or controlled by another provider within Albemarle County.
(The use of this facility be additional telecommunication providers will
require amendment of this special user permit. The presence of this
9.
10.
condition in no way implies approval of additional uses for this facility or
property.)
Each outdoor luminair shall be fully shielded such that all light emitted is projected below
a horizontal plane running through the lowest part of the shield or shielding part of the
luminaire. For purposes of this condition, a luminaire is a complete lighting unit consisting
of a lamp or lamps together with the parts designed to distribute the light, to position and
protect the lamps, and to connect the lamps to the power supply. Outdoor lighting shall
be limited to periods of maintenance only;
Prior to beginning construction or installation of the tower or the equipment building, or
installation of access for vehicles or utilities, the permittee shall obtain authorization from
the Director of Planning to remove existing trees on the site. The Director of Planning
shall identify which trees may be removed for such construction or installation. Except for
the tree removal expressly authorized by the Director of Planning, the permittee shall not
remove existing trees within two hundred (200) feet of the tower, or the equipment
building;
The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing o the
lease area shall not be required;
The tower shall be disassembled and removed from the site within ninety (90) days of the
date its use for wireless telecommunications purposes is discontinued; and
The permittee shall submit a report to the Zoning Administrator once per year, by not later
than July 1 of that year. The report shall identify each user of the tower and shall identify
each user that is a wireless telecommunications service provider.
Mr. Cilimberg said the public hearings on agenda items SP-99-38, SP-99-39, SP-99-40, SP-99-
41, and SP-99-45 would all be held at the same time.
Agenda Item No. 9. SP-99-38 Covesville-CV141 (Sign #59). Public hearing on a request to
amend the antenna type on an existing telecom fac in accord w/Sec 10.2.2.6 of the Zoning Ord which
allows for radiowave transmission towers. Loc at end of Lackey Ln (Rt 838) just E of Monacan Trl Rd (Rt
29). TM 109, P 9C contains 56.6 acs. Znd RA. (This property is not located in a designated growth area.)
Scottsville Dist. (Advertised in The Daily Progress on August 2 and 9, 1999.)
Agenda Item No. 10. SP-99-39. Bellair-CV142 (Signs #57&58). Public hearing on a request to
replace two whip antennas with two panel antennas on an existing telecom tower in Bellair Subd. Loc on
W side of Monacan Trl (Rt 29 Bypass), approx ~ mi S of inter of Rt 29 & Ivy Rd (Rt 250). TM 76C, Sec 2,
P 2. Znd R1 (1 du/ac) & EC. Samuel Miller Dist. (Advertised in The Daily Progress on August 2 and 9,
1999.) '
Agenda Item No. 11. SP-99-40. Crossroads--CFW CV143 (Sign #55). Public hearing on a
request by CFW Communications to remove 2 whip antennas & attach 2 panel antennas on an existing
80' telecom pole in accord w/Sec 10.2.2.6 of the Zoning Ord. Loc on W sd of Monacan Tr Rd (Rt 29S),
approx 1 mi S of Rt 710. Proposed tower site is approx 260' from W sd of Rt 29S. TM 87, P 7A on a
portion of 3.038 acs. Znd VR & EC. Samuel Miller Dist. (Advertised in The Daily Progress on August 2
and 9, 1999.) '
Agenda Item No. 12. SP-99-41. Cook Mountain-CV144 (Sign #54). Public hearing on a request
to amend the antenna type on an existing telecom fac in accord w/Sec 10.2.2.6 of the Zoning Ord which
allows for radiowave transmission towers. Loc on E sd of Thackers Ln (Rt 804) just E of Monacan Tr Rd
(Rt 29). TM 98, P 22 contains 49 acs. Znd RA. (This property is not located in a designated growth area.)
Samuel Miller Dist. (Advertised in The Daily Progress on August 2 and 9, 1999.)
Agenda Item No. 13. SP-99-45. Britts Mountain~CV147 (Signs #41&44). Public hearing on a
request to amend the antenna type on an existing telecom fac in accord w/Sec 10.2.2.6 of the Zoning Ord
which allows for radiowave transmission towers. Loc on E sd of Monacan Tr Rd (Rt 29) 1.9 mis S of 1-64.
August 18, 1999 (Regular Night Meeting)
(Page 7)
TM 75, P 22 contains 34.7 acs. Znd RA & EC.
Progress on August 2 and 9, 1999.)
Samuel Miller Dist. (Advertised in The Daily
Mr. Cilimberg summarized the staff's reports, which are on file in the Clerk's office and permanent
parts of the record. Staff recommends approval of all the proposed special use permits with a varying
number of conditions for each application, including revisions to conditions #1 and #4 for each permit. At
its meeting on July 27, 1999, the Planning Commission, by a vote of 3-2, recommended denial of SP-99-
38; by a vote of 3-2, recommended denial of SP-99-39; by a vote of 2-2-1, forwarded SP-99-40 with no
recommendation to the Board; by a vote of 3-2, recommended denial of SP-9941' and, by a vote of 3-2,
recommended denial of SP-99-45. '
Mr. Cilimberg said earlier today he sent an email to Board members outlining a comparison of
whip antennas to pole antennas, and which provided a photo of each. He clarified that the antenna will
not rise ten feet above the pole, as inferred in the staff report. Instead, a panel antenna would extend not
quite seven feet above the pole's height. Whip antennas attach to the pole, and the whip antenna itself
can extend up to ten feet above the pole. Referring to the photo, he said the cross bar in the photo
represented the top of the pole. If the applications are approved, the panel would be a cap on top of the
existing pole.
Mr. Cilimberg then recommended the following changes to conditions #1 and #-4:
The height of the tower and panel antenna atop the tower shall not exceed
seven (7) feet above the elevation of the tallest tree within twenty-five (25) feet of
the tower. The applicant shall provide a certified statement on the height of the
tallest tree. ,~.,* ..... =y ,,,,,,,,,,~ .,, .,~,v~,~,,,,~ ,~,,,,,, ~3) '~""* -~, .... ,'~..
Antennas may be attached to the tower only as followS:
a. Antennas shall be limited to two (2) ,'r/~sC~eu~te~ panel antenna
mounted as shown on the attached photo (on file in the Clerk's
office);
b, Satellite and microwave dish antennas are prohibited;
Mr. Marshall asked whether the Commission and the ARB had seen the photographs.
Mr. Cilimberg said they had not seen all the photographs. He added that from a distance the pole will
appear to extend another seven feet, with a panel antenna. Whip antennas are thin, so they may not be
as noticeable. Ms. Thomas said depending on where one stands, one can get a very different perspective
of the towers' appearance.
Mr. Shearer distributed photographs, including some that showed the difference between the two
types of antennas. He stressed that the mounts, pipes, and antennas would all be painted brown to match
the top of the pole, showing a photograph that was simulated to show what the tower would look like once
the color was applied. He said his company will not extend the poles with these panels. A cap will go
over the pole, so it will not extend above the permitted seven feet. A plate will then sit flush on top of the
pole. Ms. Humphris said the current height permitted above tree tops with whip antennas is seven feet.
Mr. Shearer said the height varies from seven to ten feet, depending on the site. The antenna must
extend above tree height.
Mr. Perkins asked how much more service will be provided if this tower is approved. Mr. Shearer
did not quantify the service level, but said the tower would definitely improve coverage. He then
distributed propagation maps illustrating his point.
Mr. Tom Whittaker said when sites were first approved, only OMNI antennas were used.
Companies can now use panel antennas that allow two signals to come from the same mobile unit. That
is why all big sites have two antennas. As technology for PCS systems has improved, towers have been
also improved. He said he will keep the Board up-to-date as technology changes. Ms. Humphris and
Mr. Martin commented that CFW has "outclassed" its competitors regarding towers requests.
Ms. Humphris noted that Mr. Rooker, a member of the Planning Commission said the map
showed that the tower was only going to fill in one gap in the service area. The Board would prefer less
obtrusive poles with one larger tower over multiple whip antennas. Mr. Whittaker said Amherst County
told his company the same thing, and his company consequently decided to build one larger tower rather
than five shorter ones. Then Amherst County decided they wanted the five smaller towers instead of one
larger one. He said changing to a different type of antenna will not fill in weak spots, it will improve service
to all customers.
Mr. Martin then opened the public hearings on all the special permit requests. With no one rising
to speak, Mr. Martin closed the public hearings.
Mr. Martin said people often fear change. He thinks this proposal is a better deal for the County,
s~nce panel towers are less visible. He would rather see a higher, thinner tower than a short, wider one.
August 18, 1999 (Regular Night Meeting)
(Page 8)
Mr. Marshall said beauty is in they eyes of the beholder, but he agreed with Mr. Martin. Ms. Thomas said
she drove down Route 29 to examine existing towers, but they were so well-hidden she never found two
of them. She said that is to CFW and staff's credit. She feels that all towers are ugly, but flush-mounted
towers are the ugliest. If the proposed towers and panel antennas are painted brown, they will not be
uglier or more obtrusive than what is already in place. Ms. Humphris disagreed, saying they are uglier,
but since they provide better service, she can support them.
Mr. Marshall offered the motion, seconded by Mr. Perkins, to approve SP-99-38 with the 16
conditions as recommended by the Planning Commission, and with suggested staff revisions to conditions
#1 and ~4. Roll was called and the motion passed by the following recorded vote:
AYES
NAYS:
ABSENT:
Ms. Humphris, Mr. Marshall, Mr. Martin, and Mr. Perkins, and Ms. Thomas.
None.
Mr. Bowerman.
Conditions are as follow:
10.
11.
12.
13.
14.
15.
16.
The height of the tower and panel antenna atop the tower shall not exceed seven (7) feet
above the elevation of the tallest tree within twenty-five (25) feet of the tower. The
applicant shall provide a certified statement on the height of the tallest tree;
The tower shall be designed, constructed and maintained as follows:
a. The tower shall be of treated wood. Guy wires shall not be permitted;
b. The tower shall have no lighting;
c. The tower shall not be painted:
The tower shall be located on the site as shown on the attached plan entitled "Tower Site
for CFW Wireless CV-110" and initialed "WDF 1/29/98";
Antennas may be attached to the tower only as follows:
a. Antennas shall be limited to two (2) panel antenna mounted as shown on the
attached photo (on file in the Clerk's office);
b. Satellite and microwave dish antennas are prohibited;
The tower shall be used, or have the potential to be used, for the collocation of other
wireless telecommunications providers, as follows:
a. The permittee shall allow other wireless telecommunications providers to locate
antennas on the tower and equipment on the site, subject to these conditions:
(1) Prior to approval of a final site plan for the site or the waiver of the site plan
requirements, the permittee shall execute a letter of intent stating that it will make
a good faith effort to allow such location and will negotiate in good faith with such
other provider requesting to locate on the tower or the site; and
(2) The permittee shall provide to the County, upon request, verifiable evidence that
it has made a good faith effort to allow such location. Verifiable evidence of a
good faith effort includes, but is not limited to, evidence that the permittee has
offered to allow other providers to locate on the tower and site in exchange for
reciprocal rights on a tower and site owned or controlled by another provider
within Albemarle County.
Each outdoor luminair shall be fully shielded such that all light emitted is projected below
a horizontal plane running through the lowest part of the luminaire. For purposes of this
condition, a "luminaire" is a complete lighting unit consisting of a lamp or lamps together
with the parts designed to distribute the light, to position and protect the lamps, and to
connect the lamps to the power supply. Lighting limited to periods of maintenance only;
Prior to beginning construction or installation of the tower or the equipment building, or
installation of access for vehicles or utilities, the permittee shall obtain authorization from
the Director of Planning to remove existing trees on the site. The County staff shall
identify which trees may be removed for such construction or installation. Except for the
tree removal expressly authorized by County staff, the permittee shall not remove existing
trees within two hundred (200) feet of the tower, the equipment building, or the vehicular
or utility access;
The permittee shall comply with section 5.1.12 of the Zoning Ordinance;
The tower shall be disassembled and removed from the site within ninety (90) days of the
date its use for wireless telecommunications purposes is discontinued;
The permittee shall submit a report to the Zoning Administrator once per year, by not later
than July 1 of that year. The report shall identify each user of the tower and shall identify
each user that is a wireless telecommunications service provider;
Minimum allowable radius for horizontal curvature of the access road shall be forty (40)
feet;
No slopes associated with construction of the tower and accessory uses shall be created
that are steeper than 2:1 unless retaining walls, revetments, or other stabilization
measures acceptable to the County Engineer are employed;
The access road shall be built with side slopes on cut and fill slopes at 2:1 or flatter;
The access road shall disturb no more than seventy-five (75) feet in cross section;
No fencing shall be erected; and
Any equipment located on the ground shall be painted dark green or brown.
August 18, 1999 (Regular Night Meeting)
(Page 9)
Mr. Marshall offered the motion, seconded by Mr. Perkins, to approve SP-99-39 with the 15
conditions as recommended by the Planning Commission, and with suggested staff revisions to conditions
#1 and #4. Roll was called and the motion passed by the following recorded vote:
AYES
NAYS:
ABSENT:
Ms. Humphris, Mr. Marshall, Mr. Martin, and Mr. Perkins, and Ms. Thomas.
None.
Mr. Bowerman.
Conditions are as follow:
10.
11.
12.
13.
14.
15.
The height of the tower and panel antenna atop the tower shall not exceed seven (7) feet
above the elevation of the tallest tree within twenty-five (25) feet of the tower. The
applicant shall provide a certified statement on the height of the tallest tree.
The tower shall be designed, constructed and maintained as follows:
a. The tower shall be of treated wood. Guy wires shall not be permitted;
b. The tower shall have no lighting;
c. The tower shall not be painted:
The tower shall be located on the site as shown on the attached plan entitled "Tower Site
for CFW Wireless CV-142" and initialed "SET 1/15/98";
Antennas may be attached to the tower only as follows:
a. Antennas shall be limited to two (2) panel antenna mounted as shown on the
attached photo (on file in the Clerk's office);
b. Satellite and microwave dish antennas are prohibited;
The tower shall be used, or have the potential to be used, for the collocation of other
wireless telecommunications providers, as follows:
a. The permittee shall allow wireless telecommunications providers to locate
antennas on the tower and equipment on the site, subject to these conditions:
(1) Prior to approval of a final site plan for the site or the waiver of the site
plan requirements, the permittee shall execute a letter of intent stating
that it will make a good faith effort to allow such location and will
negotiate in good faith with such other provider requesting to locate on
the tower or the site; and
(2) The permittee shall provide to the County, upon request, verifiable
evidence that it has made a good faith effort to allow such location.
Verifiable evidence of a good faith effort includes, but is not limited to,
evidence that the permit'tee has offered to allow other providers to locate
on the tower and site in exchange for reciprocal rights on a tower and site
owned or controlled by another provider within Albemarle County.
Each outdoor luminair shall be fully shielded such that all light emitted is projected below
a horizontal plane running through the lowest part of the luminaire. For purposes of this
condition, a "luminaire" is a complete lighting unit consisting of a lamp or lamps together
with the parts designed to distribute the light, to position and protect the lamps, and to
connect the lamps to the power supply. Lighting limited to periods of maintenance only;
Prior to beginning construction or installation of the tower or the equipment building, or
installation of access for vehicles or utilities, the permittee shall obtain authorization from
County staff to remove existing trees on the site. The County staff shall identify which
trees may be removed for such construction or installation. Except for the tree removal
expressly authorized by County staff, the permittee shall not remove existing trees;
The permittee shall comply with section 5.1.12 of the Zoning Ordinance;
The access road extension shall be of minimum construction and dimension to
accommodate service vehicles. Should installation of the tower require provision of
greater access improvements, these improvements shall be removed or reduced after
installation is completed;
The regular service interval shall be as indicated by the applicant and described herein,
except as necessary for repair and restoration of service;
The tower shall be disassembled and removed from the site within ninety (90) days of the
date its use for wireless telecommunications purposes is discontinued;
The permittee shall submit a report to the Zoning Administrator once per year, by not later
than July 1 of that year. The report shall identify each user of the tower and shall identify
each user that is a wireless telecommunications service provider;
At least twelve (12) bayberries or native hollies shall be planted around the facility;
No fencing shall be erected; and
Any equipment located on the ground shall be painted dark green or brown.
Ms. Thomas offered the motion, seconded by Mr. Marshall, to approve SP-99-39 with the 18
conditions as recommended by the Planning Commission, and with suggested staff revisions to conditions
#1 and #-4. Roll was called and the motion passed by the following recorded vote:
August 18, 1999 (Regular Night Meeting)
(Page 10)
AYES
NAYS:
ABSENT:
Ms. Humphris, Mr. Marshall, Mr. Martin, and Mr. Perkins, and Ms. Thomas.
None.
Mr. Bowerman.
Conditions are as follow:
o
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
The height of the tower and panel antenna atop the tower shall not exceed seven (7) feet
above the elevation of the tallest tree with'in twenty-five (25) feet of the tower. The
applicant shall provide a certified statement on the height of the tallest tree.
The tower shall be designed, constructed and maintained as follows:
a. The tower shall be of treated wood;
b. Guy wires shall not be permitted;
c. The tower shall have no lighting;
d. The tower shall not be painted:
The tower shall be located on the site as shown on the attached survey entitled "Tower
Site for CFW Wireless CV-143", dated Revised June 30, 1998;
Antennas may be attached to the tower only as follows:
a. Antennas shall be limited to two (2) panel antenna mounted as shown on the
attached photo (on file in the Clerk's office);
b. Satellite and microwave dish antennas are prohibited;
The tower shall be used, or have the potential to be used, for the collocation of other
wireless telecommunications providers, as follows:
a. The permittee shall allow wireless telecommunications providers to locate
antennas on the tower and equipment on the site, subject to these conditions:
(1) Prior to approval of a final site plan for the site or the waiver of the site
plan requirements, the permittee shall execute a letter of intent stating
that it will make a good faith effort to allow such location and will
negotiate in good faith with such other provider requesting to locate on
the tower or the site; and
(2) The permittee shall provide to the County, upon request, verifiable
evidence that it has made a good faith effort to allow such location.
Verifiable evidence of a good faith effort includes, but is not limited to,
evidence that the permittee has offered to allow other providers to locate
on the tower and site in exchange for reciprocal rights on a tower and site
owned or controlled by another provider within Albemarle County.
Each outdoor luminair shall be fully shielded such that all light emitted is projected below
a horizontal plane running through the lowest part of the luminaire. For purposes of this
condition, a "luminaire" is a complete lighting unit consisting of a lamp or lamps together
with the parts designed to distribute the light, to position and protect the lamps, and to
connect the lamps to the power supply. Lighting limited to periods of maintenance only;
Prior to beginning construction or installation of the tower or the equipment building, or
installation of access for vehicles or utilities, the permittee shall obtain authorization from
the Director of Planning to remove existing trees on the site. The Director of Planning
shall identify which trees may be removed for such construction or installation. Except for
the tree removal expressly authorized by the Director of Planning, the permittee shall not
remove existing trees within two hundred (200) feet of the tower, the equipment building,
or the vehicular or utility access;
The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the
lease area shall not be require;
The tower shall be disassembled and removed from the site within ninety (90) days of the
date its use for wireless telecommunications purposes is discontinued;
The permittee shall submit a report to the Zoning Administrator once per year, by not later
than July 1 of that year. The report shall identify each user of the tower and shall identify
each user that is a wireless telecommunications service provider;
Minimum allowable radius for horizontal curvature of the access road shall be forty (40)
feet;
No slopes associated with construction of the tower and accessory uses shall be created
that are steeper than 2:1 unless retaining walls, revetments, or other stabilization
measures acceptable to the County Engineer are employed;
The access road shall be built with side slopes on cut and fill slopes at 2:1 or flatter;
The access road shall disturb no more than seventy-five (75) feet in cross section;
All other equipment shall be painted brown;
All lighting shall be shielded from Route 29;
Electric power lines shall be buried; and
Prior to any construction the site shall be field verified by the Planning Director to assure it
is in the location identified by the agreement of the property owner, applicant and County
staff.
Ms. Thomas offered the motion, seconded by Mr. Marshall, to approve SP-99-41 with the 17
conditions as recommended by the Planning Commission, and with suggested staff revisions to conditions
August 18, 1999 (Regular Night Meeting)
(Page 11)
#1 and#4.
AYES
NAYS:
ABSENT:
Roll was called and the motion passed by the following recorded vote:
Ms. Humphris, Mr. Marshall, Mr. Martin, and Mr. Perkins, and Ms. Thomas.
None.
Mr. Bowerman.
Conditions are as follow:
9.
10.
11.
12.
13.
14.
15.
16.
17.
The height of the tower and panel antenna atop the tower shall not exceed seven (7) feet
above the elevation of the tallest tree within twenty-five (25) feet of the tower. The
applicant shall provide a certified statement on the height of the tallest tree.
The tower shall be designed, constructed and maintained as follows:
a. The tower shall be of treated wood;
b. Guy wires shall not be permitted;
c. The tower shall have no lighting;
d. The tower shall not be painted:
The tower shall be located on the site as follows:
a. The tower shall be located as shown on the attached plan entitled "Tower Site for
CFW Wireless CV~144" and initialed "WDF 4/6/98";
Antennas may be attached to the tower only as follows:
a. Antennas shall be limited to two (2) panel antenna mounted as shown on the
attached photo (on file in the Clerk's office);
b. Satellite and microwave dish antennas are prohibited;
The tower shall be used, or have the potential to be used, for the collocation of other
wireless telecommunications providers, as follows:
a. The permittee shall allow wireless telecommunications providers to locate
antennas on the tower and equipment on the site, subject to these conditions:
(1) Prior to approval of a final site plan for the site or the waiver of the site
plan requirements, the permittee shall execute a letter of intent stating
that it will make a good faith effort to allow such location and will
negotiate in good faith with such other provider requesting to locate on
the tower or the site; and
(2) The permittee shall provide to the County, upon request, verifiable
evidence that it has made a good faith effort to allow such location.
Verifiable evidence of a good faith effort includes, but is not limited to,
evidence that the permittee has offered to allow other providers to locate
on the tower and site in exchange for reciprocal rights on a tower and site
owned or controlled by another provider within Albemarle County.
Each outdoor luminair shall be fully shielded such that all light emitted is projected below
a horizontal plane running through the lowest part of the luminaire. For purposes of this
condition, a "luminaire" is a complete lighting unit consisting of a lamp or lamps together
with the parts designed to distribute the light, to position and protect the lamps, and to
connect the lamps to the power supply. Lighting limited to periods of maintenance only;
Prior to beginning construction or installation of the tower or the equipment building, or
installation of access for vehicles or utilities, the permittee shall obtain authorization from
the Director of Planning to remove existing trees on the site. The Director of Planning
shall identify which trees may be removed for such construction or installation. Except for
the tree removal expressly authorized by the Director of Planning, the permittee shall not
remove existing trees within two hundred (200) feet of the tower, the equipment building,
or the vehicular or utility access;
The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the
lease area shall not be require;
The tower shall be disassembled and removed from the site within ninety (90) days of the
date its use for wireless telecommunications purposes is discontinued;
The permittee shall submit a report to the Zoning Administrator once per year, by not later
than July 1 of that year. The report shall identify each user of the tower and shall identify
each user that is a wireless telecommunications service provider;
Minimum allowable radius for horizontal curvature of the access road shall be forty (40)
feet;
No slopes associated with construction of the tower and accessory uses shall be created
that are steeper than 2:1 unless retaining walls, revetments, or other stabilization
measures acceptable to the County Engineer are employed;
The access road shall be built with side slopes on cut and fill slopes at 2:1 or flatter;
The access road shall disturb no more than seventy-five (75) feet in cross section;
All other equipment shall be painted brown;
All lighting shall be shielded from Route 29; and
Electric power lines shall be buried.
Ms. Thomas offered the motion, seconded by Mr. Marshall, to approve SP-99-45 with the 17
conditions as recommended by the Planning Commission, and with suggested staff revisions to conditions
August 18, 1999 (Regular Night Meeting)
(Page 12)
#1 and#4.
AYES
NAYS:
ABSENT:
Roll was called and the motion passed by the following recorded vote:
Ms. Humphris, Mr. Marshall, Mr. Martin, and Mr. Perkins, and Ms. Thomas.
None.
Mr. Bowerman.
Conditions are as follow:
10.
11.
12.
13.
14.
15.
16.
17.
The height of the tower and panel antenna atop the tower shall not exceed seven (7) feet
above the elevation of the tallest tree within twenty-five (25) feet of the tower. The
applicant shall provide a certified statement on the height of the tallest tree;
The tower shall be designed, constructed and maintained as follows:
a. The tower shall be of treated wood. Guy wires shall be not permitted;
b. The tower shall have no lighting;
c. The tower shall not be painted;
The tower shall be located on the site as shown on the attached plan entitled "Tower Site
for CFW Wireless CV-120" and initialed "WDF 1/29/98";
Antennas may be attached to the tower only as follows:
a. Antennas shall be limited to two (2) panel antenna mounted as shown on the
attached photo (on file in the Clerk's office);
b. Satellite and microwave dish antennas are prohibited;
The tower shall be used, or have the potential to be used, for the collocation of other
wireless telecommunications providers, as follows:
a. The permittee shall allow wireless telecommunications providers to locate
antennas on the tower and equipment on the site, subject to these conditions:
(1) Prior to approval of a final site plan for the site or the waiver of the site plan
requirements, the permittee shall execute a letter of intent stating that it will make
a good faith effort to allow such location and will negotiate in good faith with such
other provider requesting to locate on the tower or the site; and
(2) The permittee shall provide to the County, upon request, verifiable evidence that
it has made a good faith effort to allow such location. Verifiable evidence of a
good faith effort includes, but is not limited to, evidence that the permittee has
offered to allow other providers to locate on the tower and site in exchange for
reciprocal rights on a tower and site owned or controlled by another provider
within Albemarle County.
Each outdoor luminair shall be fully shielded such that all light emitted is projected below
a horizontal plane running through the lowest part of the luminaire. For purposes of this
condition, a "luminaire" is a complete lighting unit consisting of a lamp or lamps together
with the parts designed to distribute the light, to position and protect the lamps, and to
connect the lamps to the power supply. Lighting limited to periods of maintenance only;
Prior to beginning construction or installation of the tower or the equipment building, or
installation of access for vehicles or utilities, the permittee shall obtain authorization from
County staff to remove existing trees on the site. The County staff shall identify which
trees may be removed for such construction or installation. Except for the tree removal
expressly authorized by County staff, the permittee shall not remove existing trees within
two hundred (200) feet of the tower, the equipment building, or the vehicular or utility
access;
The permittee shall comply with section 5.1.12 of the Zoning Ordinance;
The tower shall be disassembled and removed from the site within ninety (90) days of the
date its use for wireless telecommunications purposes is discontinued;
The permittee shall submit a report to the Zoning Administrator once per year, by not later
than July 1 of that year. The report shall identify each user of the tower and shall identify
each user that is a wireless telecommunications service provider;
Minimum allowable radius for horizontal curvature of the access road shall be forty (40)
feet;
No slope associated with construction of the tower and accessory uses shall be created
that are steeper than 2:1 unless retaining walls, revetments, or other stabilization
measures acceptable to the County Engineer are employed;
The access road shall be built with side slopes on cut and fill slopes at 2:1 or flatter;
The access road shall disturb no more than seventy-five (75) feet in Cross section;
No fencing shall be erected;
Any equipment on the ground shall be painted dark green or brown; and
All lighting shall be shielded from Route 29.
Note: Mr. Cilimberg said the public hearings for ZMA-99-05 and ZMA-99-06 would be heard at
the same time.
Agenda Item No. 14. ZMA-99-05. Mill Creek Industrial (Signs #81&88). Public hearing on a
request to reduce the area of an approved PUD by removal of 6.06 acs designated for industrial & open
space to allow rezoning of 6.06 acres under ZMA-99-06. Loc on Avon St Ext (Rt 742) W & adjacent to
August 18, 1999 (Regular Night Meeting)
(Page 13)
National Guard Armory. TM 76M1, P 19. (The Comprehensive Plan designates this property as
Institutional & Industrial SerVice in Urban Neighborhood Four. Scottsville Dist. (Advertised in The Daily
Progress on August 2 and 9, 1999.)
Agenda Item No. 15. ZMA-99-06. Mill Creek Industrial (Signs #84&85). Public hearing on a request to
rezone 6.06 acres from PUD to R1 to allow construction of a juvenile detention fac. Loc on Avon St Ext
(Rt 742) W & adjacent to National Guard Armory. TM 76M1, P 19. (The Comprehensive Plan designates
this property as Institutional & Industrial SerVice in Urban Neighborhood Four.) Scottsville Dist.
(Advertised in The Daily Pro,qress on August 2 and 9, 1999.)
Mr. Cilimberg summarized the staff's report, which is on file in the Clerk's office and permanent
part of the record. Staff recommended that the Planning Commission recommend to the Board that
withdrawal of the six-acre site would not adversely affect the integrity or future development of the Mill
Creek PUD. As opposed to requirement of the Mill Creek Industrial Land Trust to submit a revised
Application Plan, the Zoning Administrator may cause the Application Plan to be revised by appropriate
notation. This action does not affect existing zoning conditions and agreements. At its meeting on
August 3, 1999, the Planning Commission unanimously recommended approval of ZMA-99-05.
Mr. Martin opened the public hearings. With no one rising to speak, Mr. Martin closed the public
hearing.
Mr. Marshall offered the motion, seconded by Ms. Humphris, to reduce the area of an approved
PUD by removal of 6.06 acres designated for industrial & open space to allow rezoning of 6.06 acres
under ZMA-99-06. Roll was called and the motion passed by the following recorded vote:
AYES
NAYS:
ABSENT:
Ms. Humphris, Mr. Marshall, Mr. Martin, and Mr. Perkins, and Ms. Thomas.
None.
Mr. Bowerman.
Mr. Marshall offered the motion, seconded by Ms. Humphris, to approve ZMA-99-06 to rezone
6.06 acres from PUD to R1 to allow construction of a juvenile detention facility. Roll was called and the
motion passed by the following recorded vote:
AYES
NAYS:
ABSENT:
Ms. Humphris, Mr. Marshall, Mr. Martin, and Mr. Perkins, and Ms. Thomas.
None.
Mr. Bowerman.
Agenda Item No. 16. Approval of Minutes: March 10(A), 1997; April 21, June 2, June 9, and
July 21, 1999.
No one had read any of the minutes listed on the agenda.
Agenda Item No. 17. Other Matters not Listed on the Agenda from the Board.
Ms. Humphris provided the Board members a chart she made showing the County's water
consumption and water supply, when conserVation took place, etc.
Ms. Humphris informed the Board that she made a statement to Congressman Thomas J. Bliley,
Jr., at a recent town meeting. She said Congressman Bliley asked several questions and acknowledged
that the County is supposed to have land use control in tower decisions. He promised to look into the
matter. Ms. Humphris said she would send him a letter reiterating her comments about towers.
Mr. Perkins asked if the Rivanna Water and Sewer Authority monitors stream flow into the
reserVoir. Mr. Tucker said he did not think that was monitored, but that he would look into it.
Ms. Thomas said she went to a recent Local Government Officials' Conference, where she
learned a great deal about new regulations being placed on local landfills. She also had a discussion with
the Assistant Director of the Department of Environmental Quality. She added that VACO is concerned
about the regulations' impact on local landfills too.
Ms. Humphris said she read in The Daily Progress on August 11, 1999 that a hunter had been
convicted of killing a wild turkey during closed season. He was fined $75, but court costs were $400. This
August 18, 1999 (Regular Night Meeting)
(Page 14)
might be a deterrent, and she said courts should be encouraged to put similar costs into effect. Mr. Martin
said court costs are based on appeals, etc. Mr. Trank added that personnel costs are sometimes
recoverable.
Agenda Item No. 18. Adjourn.
With no further business to come before the Board, the Chairman adjourned the meeting at 8:45 p.m.
Approved by Board
Initials
'~hairman