1995-11-08000 1.?$
November 8, 1995 (Regular Night Meeting)
(Page 1)
A regular meeting of the Board of Supervisors of Albemarle County,
Virginia, was held on November 8, 1995, at 7:00 P.M., Room 241, county Office
Building, McIntire Road, Charlottesville, Virginia.
PRESENT: Mr. David P. Bowerman, Mrs. Charlotte Y. Humphris, Mr.
Forrest R. Marshall, Jr., Mr. Charles S. Martin and Mrs. Sally H. Thomas.
ABSENT: Mr. Walter F. Perkins.
OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr., County
Attorney, Larry W. Davis, and County Planner, V. Wayne Cilimberg.
Agenda Item No. 1. The meeting was called to order at 7:00 P.M., by the
Vice-Chairman, Mrs. Humphris.
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.
Mrs. Humphris recognized Boy Scout Troop 102 whose members were present
to observe the meeting. Dr. Charles Johnson, Assistant Scout Master, said
this is part of work on a merit badge for citizenship for all members of the
troop.
Mr. Rolin Stanton was present to say he feels the Board's decision to
spend an extra $135,000 to study a sustainable design for the new high school
was both foolish and irresponsible. He had provided the Board members with a
detailed financial analysis which should have indicated that there was no
justification at that time to spend anything, much less $135,000. Mr. Stanton
said he looked at the proposal that was provided to the Board, and there were
several areas dealing with the site plan which focused on irrigation. He said
that after it rains, there are puddles of water all over the site, so irriga-
tion is not the problem, it is drainage. Second, the consultants are going to
look at the trees on the site, which are cedar and old pine trees. Mr.
Stanton said he found only about five oak trees on the site which are usable.
The easiest, and probably best, thing to do on that site is bulldoze it over.
Mr. Stanton said he is not asking the Board not to spend the $135,000, but
rather for the Board to ask a few questions to find out whether spending that
amount is worthwhile.
Not Docketed: Mrs. Humphris announced that Agenda Items 10 and 11 for
Wendell Wood will not be acted on tonight, should there be anyone present for
either item. There was no one present.
Agenda Item No. 5. Consent Agenda. Motion was offered by Mrs. Thomas,
seconded by Mr. Martin, to approve Items 5.1 and 5.la, and to accept the
remaining items on the consent agenda as information.
Roll was called, and the motion carried by the following recorded vote:
AYES: Mrs. Thomas, Mr. Bowerman, Mrs. Humphris, Mr. Marshall and Mr. Martin.
NAYS: None.
ABSENT: Mr. Perkins.
Item 5.1. Resolution requesting acceptance of certain roads in Briar-
wood Subdivision and a new section of Route 606 into the State Secondary
System of Roads, and also requesting abandonment of a section of Old Route
606. At the request of the County's Engineering Department, %he following
resolu%ion was adop%ed by %he recorded vo%e se% ou% above:
RESOLUTION
WHEREAS, the streets in Briarwood Subdivision described on
the attached Additions Form SR-5(A) dated November 8, 1995, fully
incorporated herein by reference, are shown on plats recorded in
the Clerk's Office of the Circuit Court of Albemarle County,
Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department
of Transportation has advised the Board that the streets meet the
requirements established by the Subdivision Street Requirements of
the Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of
County Supervisors requests the Virginia Department of Transpor-
tation to add the roads in Briarwood Subdivision as described on
the attached Additions Form SR-5(A) dated November 8, 1995, to the
secondary system of state highways, pursuant to §33.1-229, Code of
Virginia, and the Department's Subdivision Street Requirements;
and
0001'76
November 8, 1995 (Regular Night Meeting)
(Page 2)
BE IT FURTHER RESOL~ ~~'~he Board guarantees a clear and
unrestricted right-of-way, as described, and any necessary ease-
ments for cuts, fills and drainage as described on the recorded
plats; and
WHEREAS, the new road serves the same citizens as served by
those portions of old road identified in the project sketch to be
abandoned, which portions no longer serve a public need;
BE IT FURTHER RESOLVED, that this Board hereby abandons the
portion of State Route 606 bounded within the marked right-of-way
limits labeled as "EXIST SR RT 606" from the Secondary System of
State Highways pursuant to §33.1-155 of the Code of Virginia; and
FURTHER RESOLVED that a certified copy of this resolution be
forwarded to the Resident Engineer for the Virginia Department of
Transportation.
The roads described on Additions Form SR-5(A) are:
1)
2)
3)
Austin Drive from Station 11+26.80, 1066 lineal feet
to Station 21+93 as shown on plat recorded 9/6/83 in
Deed Book 775, pages 587-590 in the office of the
Clerk of the Circuit Court of Albemarle County showing
a 50 foot right-of-way, with drainage easement record-
ed 9/26/95 in Deed Book 1494, page 136, for a total
length of 0.20 mile.
Wren Court from Station 0+19, left edge of pavement of
Austin Drive, 727 lineal feet to Station 7+45.96, left
edge of pavement of Austin Drive as shown on a plat
recorded 9/6/83 in Deed Book 775, pages 587-550 in the
office of the Clerk of the Circuit Court of Albemarle
County showing a 40 foot right-of-way with additional
right-of-way recorded 12/27/90 in Deed Book 1134,
pages 16-18, for a total length of 0.14 mile.
Relocated portion of State Route 606 from Station
3+15.79, 976 lineal feet to Station 12+92.12 with a
right-of-way varying from 60 feet to 70 feet as shown
on plat recorded 9/6/83 in Deed Book 775, pages 587-
590, in the office of the Clerk of the Circuit Court
of Albemarle County with drainage easement recorded
9/26/95 in Deed Book 1494, page 136, for a total
length of 0.18 mile.
Total length - 0.52 mile.
Item 5.la. Resolution requesting acceptance of roads in Hickory Ridge
Subdivision into the State Secondary System of Roads. At the request of the
County's Engineering Department, the following resolution was adopted by the
recorded vo%e se% out above:
RESOLUTION
WHEREAS, the street in Hickory Ridge Subdivision (SUB-12.19)
described on the attached Additions Form SR-5(A) dated April 20,
1994, fully incorporated herein by reference, is shown on plats
recorded in the Clerk's Office of the Circuit Court of Albemarle
County, Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department
of Transportation has advised the Board that the street meets the
requirements established by the Subdivision Street Requirements of
the Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of
County Supervisors requests the Virginia Department of Transpor-
tation to add the road in Hickory Ridge Subdivision as described
on the attached Additions Form SR-5(A) dated April 20, 1994 to the
secondar~ system of state highways, pursuant to §33.1-229, Code of
Virginia, and the Department's Subdivision Street Requirements;
and
BE IT FURTHER RESOLVED, that the Board guarantees a clear
and unrestricted right-of-way, as described, and any necessary
easements for cuts, fills and drainage as described on the record-
ed plats; and
FURTHER RESOLVED that a certified copy of this resolution be
forwarded to the Resident Engineer for the Virginia Department of
Transportation.
The road described on Additions Form SR-5(A) is:
November 8, 1995 (Regular Night Meeting)
(Page 3)
1)
Mockernu% Lane, showing a 50 foot right-of-way, from the
edge of pavement of State Route 665, 0.41 mi to the end of
the cul-de-sac as shown on plat recorded on 11/30/88 in Deed
Book 1025 on pages 60 to 70 in the office of the Clerk to
the Circuit Court of Albemarle County. Revised drainage
easement plats in deed book 1382, pages 370 to 372, and deed
book 1392, pages 207 to 209.
Item 5.2. Copy of letter dated October 26, 1995, from A. G. Tucker to
Walter D. Pilkey re: Route 20 North Pedestrian Traffic near the Pantops
Shopping area, received for information.
Item 5.3. Copy of minutes of the Planning Commission for October 10 and
October 24, 1995, received for information.
Item 5.4. Copy of letter dated October 31, 1995, from H. Odell Minnix,
Chairman, Roanoke County Board of Supervisors re: report on the Urban
Partnership, received for information. Mrs. Humphris announced that this
matter will be discussed at VACO's General Government Committee meeting on
next Sunday afternoon at the annual conference.
Item 5.5. Copy of the Comprehensive Annual Financial Report, for the
Year Ended June 30, 1995, from the Albemarle County Service Authority,
received for information.
Agenda Item No. 6. SP-95-29. Christopher M. Yates. For a Home
Occupation-Class B for a cabinet shop on approx 2.6 ac zoned RA & EC. Located
on N side of Rt 250 approx 600 ft E of Rt 744. TM80,P59B. Rivanna Dist.
(Advertised in the Daily Progress on October 23 and October 30, 1995.)
Mr. Cilimberg summarized the staff's report which is on file in the
Clerk's Office and made a part of the permanent records of the Board of
Supervisors. He noted that the Planning Commission on October 10, 1995,
unanimously recommended approval of SP-95-29 subject to five conditions.
The public hearing was opened. The applicant was present but did not
choose to speak. The public hearing was closed, and the matter placed before
the Board.
Motion was offered by Mr. Martin, seconded by Mr. Marshall, to approve
SP-95-29, subject to the following conditions:
2.
3.
4.
Se
Use shall be limited to existing garage structure;
No employees other than family members residing on the premises;
No signage shall be permitted;
No outdoor activities involving power equipment nor storage of
materials shall be permitted; and
Hours of operation shall be 8:00 a.m. to 5:00 p.m., seven days a
week.
Roll was called, and the motion carried by the following recorded vote:
AYES: Mrs. Thomas, Mr. Bowerman, Mrs. Humphris, Mr. Marshall and Mr. Martin.
NAYS: None.
ABSENT: Mr. Perkins.
Agenda Item No. 7. SP-95-30. Crozet Church of God. To establish day
care center on approx 5 ac zoned RA & EC. Located in SE corner of inters of
Rt 250/I-64. TM55,P96A. Samuel Miller Dist. (Advertised in the Daily
Progress on October 23 and October 30, 1995o)
Mr. Cilimberg summarized the staff's report which is on file in the
Clerk's Office and made a part of the permanent records of the Board of
Supervisors. He said there had been two prior approvals given to the church,
one in 1986 and one in 1989. There are now about 25 children at the existing
day care in Crozet. The Virginia Department of Transportation recommended
that adequate sight distance be created at the entrance, and that was done
along with construction of the church.
Mr. Cilimberg said a major question that arose for the Planning Commis-
sion was adequacy of the septic system and well and testing of well water.
The septic system has not been sized to accommodate the day care facility.
There may be an upgrade necessary to accommodate the requested number of "up
to 60 children". Staff feels 60 children may be excessive, and the Planning
Commission discussed whether the on-site facilities could handle a 60-child
day care center. This request was before the Planning Commission in early
October, but was deferred to answer questions brought up at that meeting. One
question had to do with septic capacity and limitations. It was determined
that the facilities being installed as part of the church construction can
accommodate 20 children. The water demands for a 20-child day care are about
the same as those for a four-bedroom dwelling.
November 8, 1995 (Regular Night Meeting)
(Page 4)
000 78
Mr. Cilimberg said this is an exempt facility in terms of State Depart-
ment of Welfare licensing requirements. HoWever, it must meet a number of
regulations irregardless of its exempt status, so it is still subject to most
of the same reviews and regulations. There was agreement by the applicant to
well testing for.~e~f~, and there was a condition added by the Planning
Commission to cover that. Maintenance at the entrance to the site can be
taken care of by clearing of vegetation. There was a question as to what the
church's break even point for number of children is, and staff did not have an
answer for that question. The final result of the Commission's review was
making a recommendation for approval subject to six Conditions. He suggeSted
changing condition No. 6 to read: "Annual ~~ testing of water supply
with results to be provided to the Virginia Department of Health."
Mr. Marshall suggested that the testing be submitted and approved by the
Health Department. Mr. Cilimberg said that would work, and there could be a
seventh condition added concerning the clearing and grading of sight distance.
The public hearing was opened at this time.
Pastor Les Rowsey was present on behalf of the church. He said the
vegetation has been taken care of. He addressed Condition #4. He said when
he was asked what their break even point would be on the day care, he guessed
at the number of 20 Children, but that was at the current location. Since
they do not yet know how much it will cost to heat and cool the new building,
they do not know what their break even point will be. Since the day care has
already been approved twice before, he suggested the actual number on the
enrollment be left to the Health Department based on adequacy of the septic
system. He has furnished the Health Department a copy of their water usage
bills for the last year and they are reviewing those bills. The system they
planned was for 550 gallons per day, and that should be adequate for 20
children, plus the church, not to exceed 250 people in the church.
Mr. Marshall suggested deleting the words "not to exceed 20 children"
from Condition No. 4. Mr. Rowsey said that is his request. Their original
request was for 60. At the present time, they can only have 29 children based
on the amount of space in the facility. They do not serve meals. The
children are two and one-half to twelve years of age, so there is no nursery
school in the building. He asked that the latter part of Condition No. 4 be
deleted, with the actual number being determined by the adequacy of the septic
system.
Mrs. Thomas said the Planning Commission's minutes show that Mr. Rowsey
asked for 20 children, and said that if they went over 20 children they would
have to redesign the whole drainfield system. She asked if that has changed.
Mr. Rowsey said they have asked the Health Department to look at water usage
because they had based the number on 25 gallons per child. He said they do
not use that amount of water at the present day care even with the parsonage
being on the same system. He said they will be glad to do whatever the Health
Department requires in order to get more children in the facility. Since the
church did not request approval for a church plus day care at the new loca-
tion, the Health Department has said that 20 is the largest number of children
they can have without redesigning the septic system. That system is not yet
installed. They will be putting in a Class 2-B well which is suited for this
type of situation.
With no one else from the public rising to speak, the public hearing was
closed.
Mrs. Thomas said the Planning Commission's approval was based on this
day care being for 20 children. She thinks the record is very clear on that
point, and does not believe they would have approved it for a larger number.
There was discussion as to whether scale of the facility is of importance.
Mr. Cilimberg said one Commissioner expressed concern over a number as high as
60, which had been approved on two prior occasions. This number is not in
keeping with the rural areas district. He does not think the Planning
Commissioners indicated what other number might be acceptable.
Mrs. Humphris said the statement was made that the facility would be for
20 children, so there would have been no reason for them to discuss a higher
number. She said the Board is being deprived of the thinking of the Commis-
sion as to a larger number. To change Condition No. 4 as Mr. Rowsey has
requested would make it open-ended. The septic system is not the only thing
in question. There is the intrusion in the rural area, the traffic, etc.
which were not discussed by the Commission because of the proposal for 20
children.
Mrs. Thomas said at least four members of the Planning Commission
commented on the number. She thinks Mr. Viscotti is not present tonight
because he was satisfied at what the Planning Commission approved. Mr.
Cilimberg said Mr. Viscotti attended the second meeting of the Commission on
this petition, but he did not speak.
Mr. Martin said he knew there was public opposition, and he felt they
were not present tonight because they were satisfied with the number of 20.
Mr. Bowerman said it may be that the septic system can handle 35, but he
would like to hear comments from the staff and the Commission on that number.
November 8, 1995 (Regular Night Meeting)
(Page 5)
Mrs. Humphris said in the Planning Commission's minutes of October 10
such items as the scale being out of character with the rural areas, addition-
al traffic, increased noise, decreased property values, and other things were
discussed. These were no longer of concern when the proposal was changed to
20. She would not be comfortable changing the Planning Commission's number.
Mr. Marshall suggested sending this petition back to the Planning
Commission. Mrs. Thomas said she is inclined to approve the petition tonight
with the number 20. Mr. Tucker said the Board can approve the petition
tonight with the number 20, and the applicant can apply to amend the permit at
a later time, or it can be sent back to the Commission.
Mrs. Humphris asked Mr. Rowsey whether he wanted the Board to act
tonight. Mr. Rowsey said he thought 20 was the number because that was all
the Health Department said they could have at that time. When he took that
number back to the church members they were unhappy with it and said if that
is the only number they will be allowed, they might just as well forget about
the facility. The people now being served by the day care would have to go
elsewhere. Referring the petition back to the Commission will not complicate
anything because the church is not ready to move yet.
At this time, motion was offered by Mrs. Thomas, seconded by Mr.
Marshall, to refer SP-95-30 back to the Planning Commission to respond to a
larger number of children than requested, and that the public be notified of
this request.
Roll was called, and the motion carried by the following recorded vote:
AYES: Mrs. Thomas, Mr. Bowerman, Mrs. Humphris, Mr. Marshall and Mr. Martin.
NAYS: None.
ABSENT: Mr. Perkins.
Mr. Cilimberg said he would like to clarify that the Board is particu-
larly concerned about the suitability of a larger center on the rural areas,
its traffic impact, noise and septic system potential. The question is not
what number the septic system can be made to fit, but rather what would be an
acceptable number not to exceed. That was the consensus.
Agenda Item No. 8. ZMA-95-15. Peter Easter. To rezone 1 ac created by
relocation of Rt 631 from R-2 to C-1. Located NW corner of inters of Rt 631 &
Rt 780. Adjacent on 3 sds to TM76,P46H, and is remnant of TM76, P's46A (part)
& 54Q. Area is recommended for Neighborhood Service in Neighborhood 5.
Scottsville Dist. (Advertised in the Daily Progress on October 23 and October
30, 1995.)
Mro Cilimberg summarized the staff's report which is on file in the
Clerk's Office and made a part of the permanent records of the Board of
Supervisors. He noted that the Planning Commission on October 24, 1995,
unanimously recommended approval of ZMA-95-15.
The public hearing was opened. Mr. Easter said he would like to clarify
the situation on the second entrance. Before making an offer on the property,
he had the Virginia Department of Transportation measure sight distance, and
he was told there would be no problem. Later, when it was reviewed for this
application, VDOT came back with an entirely different recommendation. He
said the land is considerably different in topography. The existing entrance
to the building is on one level and the land on the right side of the site is
much lower in elevation. He will have employee parking on the lower level, so
he needs a second entrance to the property.
With no one else from the public rising to speak, the public hearing was
closed, and the matter placed before the Board.
Motion was immediately offered by Mr. Marshall, seconded by Mrs. Thomas,
to approve ZMA-95-15 as recommended by the Planning Commission. Roll was
called, and the motion carried by the following recorded vote:
AYES:
NAYS:
ABSENT:
Mrs. Thomas, Mr. Bowerman, Mrs. Humphris, Mr. Marshall and Mr. Martin.
None.
Mr. Perkins.
As Mr. Easter exited the room, he remarked that when he was a member of
the Planning Commission some twenty years ago, Mr. Tucker was an Assistant
Planner. He is happy to see that Mr. Tucker has done such a good job that he
is now County Executive. He did note that this had put an awful lot of gray
hair on Mr. Tucker~s head.
Agenda Item No. 9. ZMA-95-16. Commonwealth Central Real Estate
Investments. To amend Agreement 3 of ZMA-92-08 to allow pole mounted light-
ing. Located in SW corner of inters of Rio Rd & Berkmar Dr. Site recommended
for Community Service in Neighborhood 1o TM61M, Sec 12, P'slB,1Bi,iB2,1B3,
1B4,1B5,1B6&iE1. Rio Dist. (Advertised in the Daily Progress on October 23
and October 30, 1995.)
November 8, 1995 (Regular Night Meeting) 0001'~
(Page 6)
Mr. Bowerman said his business is located on the parcel involved in this
application, and he also has an ownership interest in the parcel, so he will
excuse himself because of the conflict of interest. He left the room at 7:41
p.m.
Mr. Cilimberg summarized the staff's report which is on file in the
Clerk's Office and made a part of the permanent records of the Board of
Supervisors. Me noted that the Planning Commission on October 10, 1995,
unanimously recommended approval of ZMA-95-16 subject to an amended proffer
reading:
All exterior lighting shall be mounted to the exterior of the
buildings or shall be located as shown on plans titled "Berkmar
Crossinq Illumination Concept and Sales". Liqht levels shall not
exceed those shown on the plan. Maximum heiqht for free-standinq
liqhtinq shall not exceed twenty (20) feet.
The public hearing was opened. Present to represent the applicant was
Mr. Jeff Dreyfus from Bushman Dreyfus Architects. He said one of the driving
forces behind this request is safety. They were brought into the project
after the original proffers were made, so he does not know why the face-
mounted lighting was requested. Lighting is a concern in the far reaches of
the parking lots with the existing lighting, but there is also a concern about
putting glare on the adjacent properties. They looked at pole-mounted lights
including the foot candle spread on the edges of the property. Their proposal
does not reach the maximum of .5 allowed by the County's ordinance. Another
point relative to adjacent properties is that the land bordering this property
is much higher then this site, so there will be no direct glare from any of
the lights.
Mrs. Humphris asked what communication there had been with adjacent
owners about this proposal. Mr. Dreyfus said there was posting of signs. Mr.
Cilimberg said the normal adjacent owner letters were sent. Mrs. Humphris
said there was so much concern by adjacent owners originally that she was
surprised that no comments have been received this time.
With no further comments from the public, the public hearing was closed.
Mrs. Thomas said she went on a tour with a committee of the Night Skies
in Charlottesville looking at lights, and this is a preferable form of
lighting to be used in projects, although it is possible to sabotage it. The
University of Virginia managed to do that in the Fontaine Avenue Research Park
by going with a bidder who had this light fixture, but the light bulb itself
extends below the casing. Mrs. Thomas said she was about the propose words
that say the lights have to be shielded, recessed to eliminate glare, and
directed downward. She asked if the Board can be assured this is all taken
care of in the concept the Board members did not get a copy of. Mr. Cilimberg
said the Board members have a copy of the concept, but in a letter from Ms.
Marcia Joseph to Mr. Bill Fritz it is further clarified. That letter is a
part of the Commission's records.
Mrs. Humphris said it is refreshing to hear talk about dark skies. On
one of her trips into the community to look at the dark sky and the problems
created by the lighting in the community, she had occasion to talk to Dr.
DiCroce about the lighting at Piedmont Community College, and Dr. DiCroce has
responded that she is talking with her buildings and grounds people to see
what can be done.
Motion was immediately offered by Mr. Marshall, seconded by Mr. Martin,
to approve ZMA-95-16 as recommended by the Planning Commission subject to the
following amendment:
All exterior lighting shall be mounted to the exterior of the buildings
or shall be located as shown on plans titled "Berkmar Crossing Illumina-
tion Concept and Sales". Light levels shall not exceed those shown on
the plan. Maximum height for free-standing lighting shall not exceed
twenty (20) feet.
Roll was called, and the motion carried by the following recorded vote:
AYES: Mrs. Thomas, Mrs. Humphris, Mr. Marshall and Mr. Martin.
NAYS: None.
ABSENT: Mr. Perkins.
ABSTAINING; Mr. Bowerman.
(No%e: Mr. Bowerman returned to the room at 7:54 p.m.)
Agenda Item No. 10. ZMA-95-17. Wendell Wood. To amend proffers of
ZMA-93-06 to allow establishment of outdoor storage and display of autos on
11.3 ac zoned HC & EC. Located on W sd of Rt 29 Near Timberwood Blvd; is
location of Maupin Store. Site recommended for Regional Service in the
Community of Hollymead. TM32,P's 43&43A. Rivanna Dist. (Advertised in the
Daily Progress on October 23 and October 30, 1995.)
Mrs. Humphris asked Mr. Cilimberg to explain what has happened with
these petitions. Mro Cilimberg said this petition and SP-95-31 were both
before the Planning Commission last night. The Commission took action to deny
November 8, 1995 (Regular Night Meeting) O001Sl
(Page 7)
ZMA-95-17, but took no action at all on SP-95-31. The County Attorney
believes they need to take action of some sort, and has suggested that
SP-95-31 be referred back to the Commission for next Tuesday's meeting. ZMA-
95-17 can be deferred so that the two petitions will stay together, and that
will allow for completion of the minutes of the November 7, 1995, Planning
Commission meeting.
Mo%ion was offered by Mr. Bowerman, seconded by Mr. Martin, to defer
ZMA-95-17 to November 15, 1995. Roll was called, and the motion carried by
the following recorded vote:
AYES: Mrs. Thomas, Mr. Bowerman, Mrs. Humphris, Mr. Marshall and Mr. Martin.
NAYS: None.
ABSENT: Mr. Perkins.
Agenda Item No. 11. SP-95-31. Wendell Wood. To establish outdoor
storage & display of autos on property described in ZMA-95-17 above. (Adver-
tised in the Daily Progress on October 23 and October 30, 1995.)
Motion was offered by Mr. Bowerman, seconded by Mr. Martin, to refer
SP-95-31 back to the Planning Commission so that they may take some action on
the request, to be returned to the Board for its meeting on November 15, 1995.
Roll was called, and the motion carried by the following recorded vote:
AYES: Mrs. Thomas, Mr. Bowerman, Mrs. Humphris, Mr. Marshall and Mr. Martin.
NAYS: None.
ABSENT: Mr. Perkins.
Agenda Item No. 12. Approval of Minutes: June 7, 1995. Motion was
offered by Mr. Martin, seconded by Mr. Bowerman, to approve the minutes of
June 7, 1995, page 36 (#18) to the end. Roll was called, and the motion
carried by the following recorded vote:
AYES:
NAYS:
ABSENT:
Mrs. Thomas, Mr. Bowerman, Mrs. Humphris, Mr. Marshall and Mr. Martin.
None.
Mr. Perkins.
Agenda Item No. 13. Other Matters Not Listed on the Agenda from the
BOARD.
Mrs. Thomas mentioned a letter from the Southern Environmental Law
Center and wondered why sections of the South Fork Rivanna River are not
meeting the requirements of the Clean Water Act. The Department of Environ-
mental Quality is not required to notify the County of this. She feels the
Board should request that information, take action, and maybe add it to the
Board's legislative agenda.
Mrs. Thomas said she believes someone should comment on the petition for
reversion. Information was distributed in the City that says signing the
petition does not mean the signer wants the City to become a town. But,
signing the petition can set the whole activity in motion without any known
way to stop it. This seems to be highly misleading information that was used
to encourage City citizens to sign a petition. She said she hopes the word
gets out in the City that this is misleading.
Mr. Bowerman said he thinks the word is out. These people were at the
one place yesterday where they have all of the voters coming in, and they were
able to get only 250 additional signatures. That is another ten percent of
what they need, which takes them to about 50 percent. He would think that if
they are to be successful in a petition drive, yesterday was the opportunity
to do that.
Mrs. Humphris said she believes the public should be warned about this
group which has changed its name to "Charlottesville Town Reversion Study
Group". They are telling the public that signing the petition does not mean
they are voting for Charlottesville to become a town, but it will only make it
mandatory that study of town reversion move forward. That is not an accurate
statement. Signing the petition means that you want the petition to be filed
with the court, and reversion to take place. The study that is referenced
would probably cost the taxpayers a million dollars for the City and a million
dollars for the County because the whole study has to be completed before the
City decides whether it will accept the opportunity to become a town.
Mr. Martin said he will accept the word "misleading". He has looked at
it several times, and it is not a lie.
Mrs. Thomas mentioned two visitors from Russia who spend most of the day
with County staff and saw everything from the Jail to the Lickinghole Creek
retention basin to social services. The visitors are a woman from Moscow and
a woman from the Ukrain, and they had an interesting time. She thanked County
staff for putting together an interesting day for them. They learned a great
deal, and County staff, in turn~ learned a great deal also.
8, 1995 (Regular Night Meeting)
iPage 8)
Mrs. Humphris said we learned how lucky we are to live in the United
States. These ladies mentioned being taken from their homeland and sent to
work camps in another part of the country, and how, when they were returned to
their homeland they were not allowed to hold jobs. One lady was not allowed
to teach school anymore because her husband was regarded as a dissident. When
we consider the types of freedom we have in this country, it is amazing to
find out how people in other parts of the world have to live. Mrs. Humphris
said she was proud of the women County leaders today. They had a discussion
with these women, in particular, the County's police lieutenant. They can't
think about having anything like that. The women in police work in Moscow do
office work° They were also quite astonished at the County's Director of
Engineering.
Mrs° Thomas said the strange part of this is that most all of the
engineers in Russia are women, as are almost all of the doctors and teachers.
Engineers make a great deal less than truck drivers. What Americans regard as
honorable professions are regarded there as the most menial of jobs which
require extra eduction, but that education does not count for anything.
Mrs. Humphris mentioned that the Board members had received a copy of a
letter written by Mr. Perkins to Secretary Martinez about interchanges on the
western bypass at Barracks and Hydraulic Roads. She recently received from a
constituent a copy of a letter he sent to Secretary Martinez on October 6, and
a copy of Martinez' reply written on October 24. The reply simply says what
VDOT always tells the Board that the project is in the early stages of
development, and that VDOT will develop information and present it at citizens
information meetings to be scheduled later, etc. The Governor did send a
letter to Secretary Martinez telling him that these interchanges are not to be
considered. In light of the Governor's comment last week, the timing of this
is interesting. The Board is still waiting for a reply to its letter of
September 7.
Mrs. Humphris said all Board members were sent a copy of VACO's response
to the Urban Partnership proposal, but there is no conclusion to their
proposal at all. Mr. Bowerman asked Mrs. Humphris if she knows what her
instructions are as this Board's voting delegate. Mr. Tucker said one problem
is that the Urban Partnership will be meeting tomorrow, and the proposal may
change° The General Government Committee which meets on Sunday will be
discussing the proposal at that time. It is important for as many Board
members as possible to attend. Mrs° Humphris said she will go in time to be
there for that meeting. She said if there is any interest at all, the room
where they are to hold the meeting will not be large enough to hold any
sizable number of people.
Mrs. Humphris also mentioned a regional legislative dinner meeting that
is supposed to take place in Charlottesville on Wednesday, December 6. The
article in the VACO newsletter mentions that every member of the General
Assembly is being invited, and they request that county and town officials
participate in the meetings. Mr. Tucker said he does not believe they have
held this type of meeting before, and it is ironic that it is on the same day
that the Board is to meet with its legislators.
Mr° Marshall mentioned the new road which will be built between Avon
Street and Route 20 South. He has received calls from two adjacent property
owners who are asking about the width of the road, and what land it will take.
The homeowners group in the development who own the property on the right as
you enter this property would like to be able to use this road because they
feel it will be a safer intersection. Mr. Marshall said he wants to be sure
it is a safer road. He thinks traffic counts should be taken on both Avon
Street and Route 20, and he feels that it is imperative that Route'20 be four-
laned from where it intersects Route 53 to where this new road intersects.
Mr. Tucker said he had gotten a copy of the letter sent in by the Tandem
School Board, and he has asked Ms. Jo Higgins to respond. Once an initial
alignment is decided upon, it may be wise to have some type of public forum to
take public comments.
Mr. Marshall said he would like to ask all of his campaign workers to
please pick up his signs and bring them to him so he can dispose of them.
.ember 8, 1995 (Regular Night Meeting)
(Page 9)
Agenda Item No. 14. Adjourn to November 15, 1995, at 5:15 p.m., Room
235, 'County office Building.
At 8:15 p.m., with no further business to come before the Board, motion
was offered by Mr. Bowerman, seconded by Mrs. Thomas, to adjourn this meeting
until November 15, 1995, at 5:15 p.m. in Room 235 in the County office
Building. Roll was called, and the motion carried by the following recorded
vote:
IS: Mrs. Thomas, Mr.. Bowerman, Mrs. Humphris, Mr. Marshall and Mr. Martin.
NAYS: None.
ABSENT: Mr. Perkins.