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Beights’ bridge woes drag on

Late on Tuesday night, July 11, the Beights Development found itself back before
the Albemarle County Planning Commission, more than four years after they first received approval to install a ConSpan bridge crossing at Mosby Mountain Stream to provide a northern entrance to the Mosby Mountain residential development.
    Although residential construction has been finished for more a year, the bridge exists only in theory, because the Virginia Department of Transportation has refused to approve its design, instead recommending a different type of crossing called a box culvert. Even though the ConSpan would cause soil erosion, a planning commission report concluded that it was a more attractive option, as some semblance of the natural streambed could eventually be restored.
    By contrast, once the box culvert is installed, the open channel will be permanently replaced with four concrete channels.
    So then why would VDOT approve the culvert? Commission member Bill Edgerton offered a blistering assessment. “VDOT knows they’re going to have less maintenance with a box culvert. The environmental effect doesn’t matter to them.” Gaylon Beights, president of Beights Development, joined in the frustration. “We have 117 people we’ve promised a bridge to and I’m just glad they’re not here tonight,” he said, looking over his shoulder just to make sure. “They might want to lynch me.”
    Member Jon Cannon allowed that he did not want to give in, then shook his head and agreed to vote with the rest of the commission to forego another round with VDOT and go along with their recommendation. “Sometimes you’ve got to pick your battles,” he said.

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Fundraising begins on gay marriage issue

Although Virginia residents still have four months until they will decide on a proposed constitutional amendment that would ban same-sex marriage statewide, they are about to be barraged by groups eager to sway voters one way or another. Based in Richmond, the Commonwealth Coalition was formed specifically to fight the Marshall/Newman amendment. “We are working to engage and activate potential voters,” says campaign manager Claire Gastañaga. The group has set the ambitious goal of raising $3 million dollars to fund a series of TV and radio ads in the fall. The Coalition also hopes to identify one million voters, largely through a grass roots campaign.
    According to The Washington Post, the Richmond-based Family Foundation (which did not return repeated calls) has set a more modest fundraising goal of $900,000 and is confident that it can rely on door-to-door activism and church networks to be effective in drumming up support for the amendment. Or the Foundation may simply be confident that the amendment will succeed based on results from other states. Similar legislation has passed in each of the 20 states where it has been on the ballot, often by more than a 3 to 1 ratio.
    Supporters of the Virginia amendment received ratification of a sort on July 6 when the New York Court of Appeals and the Georgia Supreme Court both backed gay marriage bans in their respective states. However, the decisions may actually be a mixed blessing for the Foundation and their ilk. Although Virginia law already bans same-sex marriage and civil unions, supporters maintain that the proposed amendment is necessary to simply protect current law from “activist judges.” But the recent rulings, especially in a “blue” state like New York, may undercut this rationale. “Now they have no way to scare conservative voters,” Gastañaga says.

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State kicks UVA $240 million

The contentious melee that mired the State legislature in a three-month delay—the longest ever—finally reached some sort of resolution on Wednesday, June 28 when members of the Virginia House of Delegates approved a $72 billion state budget (minus $22 million Republicans stripped out at the last minute). Although Governor Tim Kaine has until July 7 to offer amendments or veto the two-year spending plan, area delegates are ready to hail at least one aspect of the proposed budget, the money doled out to UVA.
    It was a good year. The State budget includes $149 million for UVA’s Academic Division for FY 2006-07—a figure that accounts for 15 percent of UVA’s academic budget. An additional $18.8 million was given for research, along with $47 million for capital projects. The UVA Medical Center took home $25 million in State money for a new cancer center.
    All told, UVA is raking in nearly $240 million in State money for the next two years.
    “In terms of funding from the budget, this has been a relatively strong year for UVA,” says Delegate Rob Bell (R-Albemarle). “In terms of research deals, this has been one of the better years,” he says, referring to the Cancer Center as the “crown jewel.”
    Bell says any money granted to UVA as a boon for Charlottesville. “UVA is the economic engine for the entire region, and the area’s single largest employer by a pretty large margin,” Bell says. Delegate David Toscano (D-Charlottesville) cites repeated studies showing that each dollar spent on the University generates a “multiplier” effect. “It reverberates in the community,” he says, “creating more jobs, economic activity and ultimately millions of dollars of impact.”

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Goode proposes 11 immigration bills

Fifth District Congressman Virgil Goode is trying to make political hay with the debate over illegal immigration, but so far his litany of bills isn’t going anywhere.
    In the current congressional term, Goode has co-sponsored 11 bills and three resolutions that target illegal immigrants. All the bills, however, are stuck in committee and did not pass the House. For instance, H.R. 698, the Citizenship Reform Act of 2005, would end the process of granting automatic citizenship to the U.S.-born children of illegal aliens. “Allowing the babies of illegals to be automatic citizens is another magnet for illegals to invade the United States,” Goode recently told the Danville Bee.
    “That’s bogus,” says Al Weed, Goode’s Democratic opponent in the November elections. “Under the 14th Amendment any child born in the U.S. is a citizen. And if the mother of the child is here illegally, she will be deported. I think it is an effort to tap into nativist aspects in America."

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Traffic study underway for biscuit run

On Tuesday, June 13, a sea of people packed the Albemarle Planning Commission meeting. Most were Mill Creek residents fearful of the impact of the proposed Biscuit Run development near Old Lynchburg Road, which has the potential to house 5,000 new lots, and up to 12,000 new residents, on its 1,300 acres.
After sitting through a 40-minute slide presentation that explained a traffic study for the project, planning commissioners simply wanted to know when they could expect to see the actual study itself—by now known as “the monster” by its harshest critics. When pressed on this point, County planner Juan Wade admitted that he would not see the study himself until late summer.
Upon the meeting’s conclusion, members of the audience hung around outside the door, eager to confront anyone attached to the building project. “We will come to every one of these meetings, to simply show that there are people who care,” said Margaret Weeks, the identified leader of Mill Creek South’s opposition to Biscuit Run.
Outside the County Office Building, Commissioner Calvin Morris seemed relieved to have escaped the kerfuffle inside, but agreed that the fight over Biscuit Run is likely to become volatile. “No question,” he said, shaking his head. “No question.”—Jayson Whitehead

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Supes to earn slightly-less-crummy salary


Rarely does someone get to vote on their own salary—but on Wednesday, June 7, the Albemarle County Board of Supervisors did exactly that when they agreed to raise their yearly compensation to a robust $13,530 from the paltry sum of $13,016. The 3.95 percent boost matched the yearly increase for all County employees.
Although the supes are all (supposedly) part-time, and don’t rely solely on their public-service pay, the current rate still seems awfully low when compared to Loudon County (with a similar growth rate, albeit a much larger population, members make over $22,000 a year). In Roanoke, government officials just voted themselves a salary increase to $15,409.
When asked by a reporter how many hours Albemarle supervisors work weekly, Chair Dennis Rooker guessed that he works at least 20, sometimes more. In addition, “we spend more time outside the meetings,” he pointed out, “talking to constituents, or going to other meetings.” That would put Rooker’s rate at about $13 an hour. As the newest member on the board, David Slutsky has actually tracked his time and said he’s putting in 40 hours per week, putting him at a wage that would make even UVA blush: $6.77 an hour.—Jayson Whitehead

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Local group joins suit against FCC

Do you get mad when you find a $25 parking ticket stuck under your windshield wiper? Then imagine CBS’ reaction on March 15 when the Federal Communications Commission fined it a record $3.6 million for airing “indecent” material in an episode of “Without a Trace.” The network, along with Fox (which was also penalized for a separate incident), fired back by filing suit in the U.S. Court of Appeals for the Second Circuit.
Last week, the nonprofit Center for Creative Voices in Media joined the network suit when it filed a motion to intervene. “We are suing the FCC for inconsistent and arbitrary application of its indecency regulations for television,” says Charlottesville resident Jonathan Rintels, the Center’s executive director. “The way they are applying these rules violates our First Amendment rights,” he says
In determining whether material is indecent, the FCC uses a number of factors (see www.fcc.gov for details) and ultimately judges each incident on a case-by-case basis. The lack of specific guidelines has created an environment where networks have little idea what will land on the Commission’s radar. Calling their decisions “consistently inconsistent,” Rintels says that the FCC’s latest action has only compounded the uncertainty.
“That causes a tremendous amount of self-censorship because people just don’t know where the line is,” he says.
The situation will likely intensify now that a Senate committee has approved legislation that raises the current maximum fine the FCC can levy to $325,000 from $32,500 (the fines can accrue into the millions because the FCC can fine each of a networks’ local affiliates separately). “That’s probably going to create the amount of speech that’s censored tenfold,” says Rintels. “For a local station, that’s serious.”
As the father of two young children, Rintels says he sympathizes with parents concerned about the coarseness of contemporary culture, but believes that parents should take more of a role. “That’s one of the perverse things about this whole government censorship of television,” he says, citing the V-Chip, cable and satellite TV boxes, and the ratings system as just a few of the many aids at their disposal. “Parents don’t think that they need to take responsibility, and the government will take it for them. That’s wrong,” Rintels declares. “We have it absolutely backwards. The government shouldn’t be censoring content. Parents should pick and choose what their families see.”—Jayson Whitehead

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Local developers love Lynchburg



The hottest new market for local real estate magnates is… Lynchburg? You heard it right. That stodgy bastion of religious conservatism, home of Jerry Falwell, is poised for an urban renaissance. A pair of local builders have become major players in Lynchburg, saying the real estate market there is poised to make huge gains in the coming years.

“Charlottesville is still a good investment, but I’m not 100 percent sure the returns will be that high,” says Oliver Kuttner, who says he owns 21 buildings in Lynchburg. Kuttner says real estate markets go in cycles, and while Charlottesville sits atop a price peak, Lynchburg is on the upswing. “Lynchburg kind of died and got stuffy and old, and now it’s going to go in the opposite cycle,” he predicts. He claims that young creative types will be drawn to the town’s cheap prices and cool warehouse spaces.

Michael Gaffney, owner of Gaffney Homes and a major investor in Sonabank, is also representing in the big L. “The city government is great to work with,” says Gaffney. “They’ve done a great job of putting money into infrastructure.”

Gaffney and Kuttner are partners on some Lynchburg projects, including the purchase of the entire west side of the 700 block of Fifth Street. “Things are relatively inexpensive compared to almost everywhere else,” said Gaffney, who also purchased two 20-30 acre parcels he plans to turn into mixed-use developments.

Kuttner and Gaffney are gaga over Lynchburg’s spirit of accommodation. After Kuttner expressed interest in a Riverfront building that the city planned to demolish, they instead gave it to him for $1 with the stipulation that he put in a tenant within a specific time period.

“In Lynchburg, I have more of a free hand for what I want to do,” he said. “The town [doesn’t] get bogged down in the details. In Charlottesville…50 people have to agree before anything gets done.Jayson Whitehead